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HomeMy WebLinkAbout2009 08-10 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 10, 2009 CITY HALL COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. Mayor Tim Wilison opened the meeting for the purpose of Informal Open Forum. Ms. Carol Klevin, 5835 Zenith Ave N, addressed the City Council and stated her concerns regarding the enforcement of garage sale signs. She stated the rules of enforcement on signs given to her by the police state a 15-foot distance. Regarding concerns over commercial signs, it would be simple to include a requirement to state that all signs are prohibited on the median. There could also be a requirement to limit the signs to garage sale signs, which are only up for a few months. Ms. Klevin presented the City Council with 17 letters from citizens supporting her proposal to change the sign ordinance, as well as a petition with 164 signatures. She shared information on garage sale signs that have been removed as well as information on illegally posted signs that have not been removed. Mayor Willson informed Ms. Klevin that the five-minute time limit for Open Forum has been reached and he will be asking if there are other individuals that would like to speak. Mayor Willson invited individuals to address the City Council. As no one further wished to speak, Mayor Willson invited Ms. Klevin to speak for the remainder of Open Forum. Ms. Klevin noted a June l l Star Tribune article stating that 62% of the households surveyed in Brooklyn Center stated they were facing financial stress. She stated her concern that the City still appears to be making a concerted effort with garage sale signs. She stated people are trying to sell things and others are trying to buy items, and they cannot do that when the signs are taken down routinely. She stated garage sale signs help the economy in Brooklyn Center, as well as recycling, going green, etc. She expressed her concern that in addition to garage sales being 08/10/09 -1- harassed, Arby's would be able to sell more sandwiches and hire more people or give employees more hours if its sign was not taken down. Ms. Klevin provided the City Council with lists of illegally posted signs in the City. She stated none of the signs on the list are garage sale signs; one of them has been up for one year. She stated she would like to remind the City Council that they are elected and determine all the matters of policy; they can change any ordinance they see fit by a majority vote. This is what she is asking the Council to do. She clarified that petition on the sign ordinance change that she has submitted requests that the setback of 15 feet be revised to 3 feet. Councilmember Lasman moved and Councilmember Roche seconded to close the Informal Open Forum at 6:55 p.m. Motion passed unanimously. 2. INVOCATION Mayor Willson requested a moment of silence and personal reflection as the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Yelich moved and Councilmember Lasman seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. July 20, 2009 Joint Work Session with Financial Commission 2. July 27, 2009 Study Session 3. July 27, 2009 Regular Session 4. July 27, 2009 Work Session 08/10/09 -2- 6b. LICENSES MECHANICAL Complete Comfort Heating 7610 Jasmine Avenue S, Cottage Grove DLW Comfort Solutions 3660 91 CourtNE, Circle Pines Marsh Heating A/C 6248 Lakeland Ave, Brooklyn Park Mechanical Energy Systems 629 Lincoln Avenue NE, St. Cloud Precision Heating Cooling 3650 Chestnut Street, Chaska Schwantes Heating and Air 6080 Oren Avenue S, Stillwater RENTAL INITIAL 2200 55�' Ave N Samer Alamy 1600 71 St Ave N Pavel Sakurets 4842 71 St Ave N Erick Dinh 1401 73 Ave N J Thomas Equities LLC 5401 Colfax Ave N Sufeng Zheng 5120 Drew Ave N Neng Zhang 5501 Emerson Ave N Gabriel Holloway 5819 Knox Ave N Gary Brummer 7125 Major Ave N Steve Rorem RENEWAL 5527 Humboldt Ave N Michael McAlpin 5912 Admiral Lane Felix Mannella Jr. 6807 Humboldt Ave N C302 Erik Ostigaard 4207 Lakeside Ave #322 Paul Swedberg 5825 Pearson Dr Michael Gonzelez 6612 Unity Ave N Trinh Nguyen SIGNHANGER Install This Sign Awning 4835 Lyndale Avenue N, Minneapolis 6c. RESOLUTION NO. 2009-94 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2009-05, 15 AND 16, SHINGLE CREEK PARKWAY AND 69 AVENUE STREET IMPROVEMENTS AND 2009 CITY TRAIL IMPROVEMENTS 6d. RESOLUTION NO. 2009-95 CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS 6e. APPLICATION AND PERMITS FOR TEMPORARY ON-SALE LIQUOR LICENSES SUBMITTED BY CITY OF LAKES NORDIC SKI FOUNDATION FOR EVENTS TO BE HELD AT SURLY BREWING 08/10/09 -3- COMPANY, 4811 DUSHARME DRIVE ON SEPTEMBER 19, 2009, AND OCTOBER 24, 2009 Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2009-96 RECOGNIZING AND COMMENDING WINNERS OF THE 2009 CITY OF BROOKLYN CENTER LANDSCAPE AND GARDEN CONTEST City Manager Curt Boganey introduced the item and stated the City would like to recognize the efforts of citizens that have beautified the community. Public Works Director/City Engineer Steve Lillehaug provided background information on the City of Brooklyn Center Landscape and Garden Contest. He stated Master Gardener poris Wickstrom of Minneapolis and Master Gardener Abiy Assefa of Brooklyn Center volunteered their time to judge this year's contest. He recognized the American Legion for the donation to purchase gift certificates for the winners and staff inember Sue Rice for her coordination of the contest. Mr. Lillehaug announced the winners of the 2009 City of Brooklyn Center Landscape and Garden Contest: Judges Best Overall Front Yard Gardens and Landscaping Award: Darryl Diane Sannes 7006 Willow Lane Great Street Presentation Gardens: Fred Yvonne Bebesee 2913 63 Ave N Great Presence in the Community Award: Allan Darnell Hancock 5520 Fremont Ave N Best Non-Residential Garden: St. Alphonsus Church 7025 Halifax Ave N Service to Community Garden: Women's Auxiliary American Legion Central Park Great Use of Space Vegetable Garden: Brooklyn Center School District Community Corner 1500 69 Ave N Ms. Diane Sannes thanked the Tree Trust Program and the hard working City staff inembers for the greatly enhanced and beautified area around City Hhall this year. Councilmember Ryan moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2009-96 Recognizing and Commending Winners of the 2009 City of Brooklyn Center Landscape and Garden Contest. Motion passed unanimously. Councilmember Yelich stated his support of the City continuing to support these types of efforts. Mr. Boganey recognized Police Chief Bechthold, Public Works Director Lillehaug, and CARS Director Glasoe for taking the challenge of giving a facelift to City Hall even as they cut back on the City budget by utilizing funds and resources available through the State and County. He explained that the Tree Trust Program gives unemployed youth an opportunity to learn skills. 08/10/09 -4- Mayor Willson requested Mr. Boganey to congratulate staff on these efforts on behalf of the City Council. 8. PUBLIC HEARING -None. 9. PLANNING COMMISSION ITEMS -None. 10. COUNCIL CONSIDERATION ITEMS 10a. HEARING FOR JOSEPH A. NOURIE, 3806 52 AVENUE NORTH, REGARDING POTENTIALLY DANGEROUS DOG DECLARATION Mr. Boganey introduced the item and discussed the history of the evidence to declare Mr. Nourie's dog a potentially dangerous dog. City Attorney Charlie LeFevere stated the information included in Council's packet consists primarily of documentary evidence reports and photographs. The hearing tonight is an opportunity fo� Mr. Nourie to make any arguments or introduce new evidence. Council will then need to respond to the appeal. The choices of the Council are to affirm the decision of the Animal Control Review Panel, to reverse the decision of the Animal Control Review Panel, or to continue the hearing if the Council would like additional evidence to be brought forward. Councilmember Lasman moved and Councilmember Roche seconded to open the hearing. Motion passed unanimously. Mr. Joseph A. Nourie, 3806 52" Ave N, addressed the City Council and stated his appeal to the kin a potentially dangerous dog declaration against his dog Bruno. He said he is hard wor g nd takes pride in his house and living in Brooklyn Center. He stated he came to the first hearing on June 25�' and some of the people that were supposed to be there were not there. The pictures and medical information were not there either, and he thought that no one thought it was a big deal. He presented his side of the case at that hearing. The results of the hearing stated that he did not represent any reason that the dog would have felt provoked, so he will try to answer that tonight. He stated he believes that the TruGreen employee removing large equipment from the back of the truck could have made the dog feel provoked, and the dog started barking at him. The guy stiffened up, jumped up on the truck and said the dog bit him. After that he finished the job. Mr. Nourie stated he went to TruGreen that afternoon to pay his bill; no one said anything there and nothin ha ened that da Mond i when thin s started to ha en. Mr. Nourie stated his do s g Pp Y aY S g Pp g are nice. They have always been up on their shots. Bruno is a big dog. He weighs 110 pounds and acts like a puppy. He has taken him to dog training classes since this happened so that he does not jump on people and do the things puppies do anymore. Mr. Nourie stated there has not been any trouble with any of the other True Green employees. As a good citizen of Brooklyn Center he does not want to be viewed as having a potentially dangerous dog. He takes care of his dogs and does not let them run. I 08/10/09 -5- Mayor Willson asked if Bruno is a German Shepherd mix. Mr. Nourie responded affirmatively. He stated his dogs are both rescue dogs. Bruno was rescued from the Red Lake Reservation. He is friendly with everyone. He questioned why the TruGreen employee did not do anything about the bite until Monday or Tuesday and questioned when the pictures came up. Councilmember Ryan informed Mr. Nourie that the City Council will reflect carefully on the incident and the evidence presented. If the Council determines to rule the dog as potentially dangerous it would not be a moral judgment against Mr. Nourie. By all appearances Mr. Nourie has reacted responsibly; however, the Council has the responsibility to protect the interest and safety of the public. Mr. Nourie stated it was said that he did not present any evidence at the previous hearing that the dog was provoked in any way. He reiterated his position that the dog may have looked at the TruGreen employee removing the big equipment as a provocation. He stated he realizes that the City Council would want to error on the side of safety, but he is hoping to overcome that. Councilmember Roche stated he has had large dogs his whole life. He stated his position that it does not cut it that someone would wait to report this dog bite. He noted to Mr. Nourie that in accordance with City Code Section 1-260, beginning six months after a dog is declared a potentially dangerous or dangerous dog the designation may be rescinded if the Animal Control Officer finds sufficient evidence that the dog's behavior has changed. He verified with Mr. Nourie that the dogs receive regular shots. He asked if the dogs are generally on a leash or run free. Mr. Nourie replied that the dogs used to come with him outside when people come to his house. Since this happened, he makes them stay in the house. He takes them for walks all the time and has them on a leash until they get back in Twin Lake woods where he lets them run loose. Since this incident, he has the dogs on a leash all the time. Councilmember Roche asked if Mr. Nourie has ever had an incident like this with his animals before. Mr. Nourie responded in the negative. Councilmember Lasman moved and Councilmember Roche seconded to close the hearing. Motion passed unanimously. Councilmember Lasman stated her position that the potentially dangerous dog ordinance is very clear and that the City Council does not have a choice in this matter. Mr. Nourie appears to be a very responsible pet owner; however, it becomes a slippery slope if the ordinance were to be bent and the pictures are very clear. She encouraged Mr. Nourie to request the Review of Declaration allowed under Section 1-260 in six months time, assuming no other incidents have occurred. She recommended that the dog be kept on a leash at all times during that six-month interval. Mayor Willson concurred. He stated his agreement with Section 1-260 allowing for a review of the declaration. He stated Mr. Nourie's work with his animal has been very good in going to training and his awareness has been raised. 08/10/09 -6- Councilmember Roche stated his position that the complainant did not make proper notification at the time of the incident. He stated because this did not happen, he will not be voting to uphold the potentially dangerous dog declaration at this time. Councilmember Yelich stated he has lived in Brooklyn Center for many years and has had large dogs that he allowed to run in open fields. He stated it needs to be recognized that times have changed and the City is now a fully developed, urban community, with a much denser population. He stated his position that the complainant's reaction was reasonable due to the bite being a puncture wound that he may have realized more fully later, and he may have had a concern about rabies. He stated his position that Section 1-260 provides sufficient protection with a review being allowed for individuals with dogs that have been declared potentially dangerous. He commended Mr. Nourie on taking his dog to obedience school and for being a responsible resident. Councilmember Ryan moved and Councilmember Lasman seconded to uphold the decision and findings of the Animal Control Review Panel. Councilmember Ryan stated he concurs with the judgment of his colleagues and that the ordinance clearly dictates what the decision should be. Councilmember Roche voted against the same. Motion passed. lOb. RESOLUTION NO. 2009-97 CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT ABATEMENT REMOVAL COSTS Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2009-97 Calling for a Public Hearing on Proposed Special Assessments for Delinquent Abatement Removal Costs. It was noted that there are a high number of corporate type entities included on the list and that the registration process has assisted in the identification of property owners responsible for maintenance. Motion passed unanimously. lOc. RESOLUTION NO. 2009-98 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. 08/10/09 -7- It was noted that most of the residents are doing an outstanding job in terms of diseased tree removal. Councilmember Roche moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2009-98 Declaring a Public Nuisance and Ordering the Removal of Diseased Trees at Certain Properties in Brooklyn Center, Minnesota. Motion passed unanimously. lOd. RESOLUTION NO. 2009-99 APPROVING FINAL PLAT FOR RICHARDSON PARK 3RD ADDITION Mr. Lillehaug introduced the item, discussed the history, and stated the purpose of the proposed resolution. There was discussion on access to the site and on utility and water lines to the site. Councilmember Roche moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009-99 Approving Final Plat for Richardson Park 3` Addition. Motion passed unanimously. 10e. AN ORDINANCE VACATING CERTAIN DRAINAGE AND UTILITY EASEMENTS WITHIN THE PLATS OF BROOKLYN CENTER INDUSTRIAL PARK PLAT 2, RICHARDSON ADDITION, RICHARDSON PARK AND RICHARDSON PARK 2ND ADDITION, HENNEPIN COUNTY, MINNESOTA Mr. Lillehaug introduced the item, discussed the history, and stated the purpose of the proposed ordinance. Councilmember Lasman moved and Councilmember Yelich seconded to approve first reading and set second reading and Public Hearing on September 28, 2009, for an Ordinance Vacating Certain Drainage and Utility Easements within the Plats of Brookl�yn Center Industrial Park Plat 2, Richardson Addition, Richardson Park and Richardson Park 2 Addition, Hennepin County, Minnesota. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Yelich reported on statistics included in the Minnesota Bureau of Criminal Apprehension Annual Summary Report on Part I Crime Rates of Comparable Cities. He stated Brooklyn Center continues to be at the top of this ranking and that the rate has been increasing over the past four years. He stated his position that this trend should turn around once the City implements a comprehensive strategy. II I 08/10/09 -8- Councilmember Lasman reported that she was unable to attend National Night Out due to her attendance at a conference. She reported the Crime Prevention Program will host a fundraiser pancake breakfast on September 26, 2009, 8:30 a.m. to 12:30 p.m. at Applebee's. Tickets are available at the door or can be purchased from a member of the Crime Prevention Program. Councilmember Roche reported on the following: Request to individuals to look out for young children with the commencement of youth sports activities. National Night Out pre-meeting and neighborhood gatherings. He has been informed that National Night Out in Brooklyn Center this year had the best attendance it has ever had. The City may continue to be at or near the top in some crime statistics, but they are getting their neighborhoods back. He stated his support for looking at ideas individuals have on revitalizing the community, noting there have been ideas for Brookdale. He expressed his apologies to the Xerxes Townhome Association for not being able to make it to their National Night Out gathering. Yard/Garage Sales and the issues about them are not unique to Brooklyn Center. He was recently in California and there was a yard sale sign posted right across from the Hotel Beverly Hills. Councilmember Ryan reported on the following: National Night Out on August S This was the 25 year of the City's participation. He and Mayor Willson separately drove to nine parties. He rode with Sergeant Stu Robinson who took the time to describe the Police Department's current successes in reducing crime in the City with an 8% reduction in crime last year. August 20, 2009, the third of four scheduled neighborhood meetings is scheduled at Kylawn Park. There will be pizza available and members of the City Council and staff will be present to let residents know about things happening in the City. Upcoming Crime Prevention Pancake Breakfast at Applebee's Brookdale is scheduled for September 26, 2009, 8:30 a.m. to 12:30 p.m. Mayor Willson reported on the following: National Night Out kickoff and events. Individuals are coming out in stronger numbers and taking back their neighborhoods and the community. This Council has discussed crime in the City. The City has hired five new officers in the last 1 1 /2 years and has received a grant to hire another officer for a four-year period to deal with youth. A dangerous dog hearing was held about one week ago with two more scheduled in September. 12. ADJOURNMENT Councilmember Yelich moved and Councilmember Lasman seconded adjournment of the City Council meeting at 8:27 p.m. Motion passed unanimously. 08/10/09 -9- STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, certifies: 1. That attached hereto is a full, true, and complete transcript of the minutes of a Regular Session of the City Council of the City of Brooklyn Center held on August 10, 2009. 2. That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Ha1L 3. That the City Council adopted said minutes at its August 24, 2009, Regular Session. �,,..w..W�.. C..�'/ �r�-�"--�%Y� City Clerk Mayor I 08/10/09 -10-