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HomeMy WebLinkAbout2009 09-28 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 28, 2009 CITY HALL COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER 1NFORMAL 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, Building Official Gary Gilpin, Assistant City Manager/Directar of Building and Community Standards Vickie Schleunin Cit Clerk Sharon Knutson Cit Attorne Charlie LeFevere, and Carol Hamer, g� Y Y Y TimeSaver Off Site Secretarial, Inc. Others present were City Prosecutor Bill Clelland. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Ms. Jo Roberts, representative of Link Associates located at 5400 France Avenue N, addressed the City Council and stated Link Associates will be relocating out of Brooklyn Center. She stated her support for the City and expressed regret about the relocation. In regards to the issue of garage sale signs currently under discussion, Ms. Roberts suggested that individuals number the signs to assist them in ensuring that all of the signs are removed when their sale is over. The City Council thanked Ms. Roberts for her assistance to the City and wished her well. Ms. Carol Klevin, 5835 Zenith Avenue N, addressed the City Council and stated Brookdale has three signs posted in the median on Brooklyn Boulevard, which are essentially posted illegally, and that there is a big banner about flu shots hanging on the fence at Cub. She stated she would not remove these signs, but they should come down as well as many other signs where the City looks the other way. She stated garage sales are up for three days at the most, usually only for one day. She stated her position that the issue of garage sale signs should include a review of what is being done in other communities. Ms. Roberts encouraged the City Council to resolve the garage sale sign issue. 09/28/09 -1- Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:55 .m. P Motion passed unanimously. 2. INVOCATION Pastor McKinley Moore of Jehovah Jireh Church located at 6120 Xe�es Avenue N, 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 Directar/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Building Official Gary Gilpin, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Clerk Sharon Knutson, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. Others present were City Prosecutor Bill Clelland. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Roche moved and Councilmember Yelich seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. September 14, 2009 Study Session 2. September 14, 2009 Regular Session 3. September 14, 2009 Work Session 6b. LICENSES COMMERCIAL KENNEL Paws Inn, LLP 4902 France Ave N 09/28/09 -2- MECHANICAL Action Heating and A/C 8140 Arthur St, Spring Lake Park Alta Heating and Plumbing 19260 Mushtown Rd, Prior Lake Comfort Matters Heating Cooling 10981 4 St NE, Hanover M K Mechanical 23996 Olinda Tr N, Scandia Otsego Heating and A/C 7829 Palmgren Ave NE, Otsego Perfection Heating and Air 1770 Gervais Ave, Maplewood PMR Mechanical, Inc. 13166 Floral Ct, Apple Valley Weld and Sons Plumbing 3410 Kilmer Lane N, Plymouth RENTAL INITIAL 1205 63 La N Michael Nwachukwu 2801 66 Ave N Shuang Lin, LLC 6725 Bryan Ave N Vong Duong 5700 Camden Ave N Daniel Gelb 6835 Fremont Pl N Leslie Reynolds 5405 Girard Ave N Jef Mehr 7007 Morgan Ave N Shuang Lin, LLC 7024 Oliver Cir Juliana Koe RENEWA L 2307-09 54�' Ave N Robert Messersmith 5137-39 France Ave N Matthew May 6543 Beard Ave N Janis Salo 6801 Fremont Ave N Olamiyi Kuku 6901 Morgan Ave N Comfort Bropleh 5338 Queen Ave N Robert Messersmith 6c. RESOLUTION NO. 2009-113 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA 6d. RESOLUTION NO. 2009-114 AUTHORIZING THE EXECUTION OF A DELEGATED CONTRACTING PROCESS AGREEMENT FOR THE BASS LAKE ROAD STREETSCAPE A.ND REGIONAL TRAIL IMPROVEMENTS PROJECT NO. 2009-1 BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF BROOKLYN CENTER Motion passed unanimously. 09/28/09 -3- 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2009-115 EXPRESSING RECOGNITION AND APPRECIATION OF SUE RICE FOR HER 21 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER City Manager Curt Boganey stated the purpose of the proposed resolution. He commended Sue Rice for her service and explained she could not be present tonight. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009-115 Expressing Recognition and Appreciation of Sue Rice for her 21 Years of Dedicated Service to the City of Brooklyn Center. Mayor Willson stated his support of the proposed resolution. Motion passed unanimously. 7b. RESOLUTION NO. 2009-116 EXPRESSING APPRECIATION FOR THE DONATION OF THE STALKER DSR 2X TRAFFIC RADAR RECEIVED FROM THE SAFE SOBER MAY MOBILIZATION DRAWING Mr. Boganey stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2009-116 Expressing Appreciation for the Donation of the Stalker DSR 2X Traffic Radar Received from the Safe Sober May Mobilization Drawing. Motion passed unanimously. 7c. RESOLUTION NO. 2009-117 EXPRESSING APPRECIATION FOR THE DONATION OF AN ALCO SENSOR III PRELIMINARY BREATH TESTER RECEIVED FROM MOTHERS AGAINST DRUNK DRIVING Mr. Boganey stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Roche seconded to approve RESOLUTION NO. 2009-117 Expressing Appreciation for the Donation of an Alco Sensor III Preliminary Breath Tester Received from Mothers Against Drunk Driving. Motion passed unanimously: 8. PUBLIC HEARING 09/28/09 -4- 8a. ORDINANCE NO. 2009-06 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. Boganey introduced the item and discussed the history of the proposed ordinance. Public Works Director/City Engineer Steve Lillehaug provided an overview of the proposed ordinance. Councilmember Yelich moved and Councilmember Lasman seconded to open the Public Hearing. Motion passed unanimously. Mayor Willson called three times for public input. No one appeared to speak. Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Roche seconded to adopt ORDINANCE NO. 2009-06 Vacating Certain Drainage and Utility Easements within the Plats of Brooklyn Center Industrial Park Plat 2, Richardson Addition, Richardson Park and Richardson Park 2 Addition, Hennepin County, Minnesota. It was noted that this development will bring jobs to the local economy. In addition, the City will net the full benefit of property tax valuation from this development. The development agreement requires that the property be turned over to a private developer who will own and operate the property on behalf of the federal government for the FBI. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS -None. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION MAHING FINDINGS OF FACT AND ORDER RELATING TO 4216 LAKEBREEZE AVENUE NORTH Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Mr. Ita Ekah, property owner at 4216 Lakebreeze Avenue North, addressed the City Council and stated he was behind on the water bill because of nonpayment by tenants. On the l l he paid towards the water bill and was left with $334 to make up. He was informed if he paid before 10:00 on Monday it would be fine. On Monday he called and said he did not have the money and 09/28/09 -5- asked if he needed to come to the hearing. He was told he did not need to attend, and he said he would pay before it got too far. Mr. Ekah stated on the 18�' of this month he went to pay the penalty of $500 that he owed. He was notified then that his license was being revoked, which he was not aware of. Mr. Ekah stated he paid the fine of $500 and the $334 balance of the utility bill. This is a four unit apartment. He has been having difficulty with a tenant, and one unit is vacant. Out of the four units, he has only received half of the rent from one tenant for this month, so this payment has been from his own pocket. As of now the payments are current. Mayor Willson requested verification from the City Clerk that back charges on the property have been paid. City Clerk Sharon Knutson stated Mr. Ekah paid his $500 rental penalty payment on September 18, 2009. At that time she talked with him and inquired why he did not appear at the hearing on September 14 and he informed her he was told he did not need to be at the hearing. She explained to the Council that there were two hearings scheduled, and she believes there was a misunderstanding in that when Mr. Ekah was informed he did not need to be present at the public hearing for the certification of utilities he likely thought he did not need to be at the rental violation hearing. She stated Mr. Ekah promised he would pay the balance. He paid the $334 today to bring the utilities out of certification; however, the entire balance that he was notified of for the September 14, 2009, rental violation hearing was not in certification. As of the September 14, 2009 hearing, the outstanding unpaid delinquent amount is $111.22. City Attorney Charlie LeFevere recommended to the City Council that the matter be referred back to staff to amend the resolution to reflect that the hearing was reopened at the request of Mr. Ekah and what he testified to tonight. Also, Council should decide whether they wish to change their direction in light of what they heard today. He requested clarification on the language included in the resolution that no application will be accepted until December 28, 2009. He explained there would be some period of time after this 90 day period of time before the license could be issued due to the review process. He advised that the language included in the resolution is appropriate if the intent of Council's direction was that the property owner cannot apply for a license for 90 days; if the intent was that the property owner would not be eligible for reissuance of the license, the language in the resolution should be amended. There was discussion on the rental application process, noting that the normal process for review will be a minimum of 30 days. Councilmember Lasman moved and Councilmember Roche seconded to direct staff to update the resolution adding the pertinent information from tonight's meeting as recommended by the City Attorney. Councilmember Yelich made a friendly amendment to direct staff to amend the language included in the resolution to allow the property owner to proceed with the application process prior to the December 28, 2009 date, with no consideration of the application by the City Council prior to December 28, 2009. The friendly amendment was accepted by Councilmembers Lasman and Roche. 09/28/09 -6- Mayor Willson stated his opposition to allowing the property owner to submit an application prior to the 90 day period of time. Councilmember Lasman clarified that the intent of the motion on the floor was that the resolution will not be acted on prior to staff presenting the amended resolution for Council review. The motion and the second on the floor were withdrawn. Councilmember Lasman moved and Mayor Willson seconded to table a Resolution Making Findings of Fact and Order Relating to 4216 Lakebreeze Avenue North to the October 12, 2009, I Cit Council meetin Y g Mr. LeFevere advised that tabling the proposed resolution provides Council with an opportunity to start this discussion again two weeks from now with a resolution that is unchanged other than the addition of tonight's testimony. There will be two different options presented to Council in relation to the 90 days for application or issuance of the license. Councilmember Roche voted against the same. Motion passed. lOb. RESOLUTION NO. 2009-118 ADDRESSING APPEAL OF CERTAIN RENTAL INPECTION COMPLIANCE ORDERS FOR 5909 JUNE AVENUE NORTH IN BROOKLYN CENTER, MINNESOTA Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Roche moved and Councilmember Yelich seconded to o en the hearing. p Motion passed unanimously. City Prosecutor Bill Clelland presented Council with the staff recommendation on rental compliance orders under Chapter 12 of the City Code as it relates to the appeal of the Chapter 12 Compliance Order submitted by Ms. Janine Atchison, rental property owner of 5909 June Avenue North. Ms. Janine Atchison, property owner of 5909 June Avenue North, addressed the City Council and stated her concerns in relation to the appeal of rental license compliance orders of Chapter 12 of the City Code. Ms. Atchison stated her position that the City has not afforded her due process by providing information related to the compliance order in a timely manner. Mr. LeFevere requested clarification on whether Ms. Atchison is requesting additional time to prepare for the appeal due to her concerns regarding due process. Ms. Atchison replied that she is asking that the City follow rules, and that the City follow the rules for due process. She is not as prepared as she could be, but is willing to tell her side of this tonight. Ms. Atchison outlined the following concerns in regards to the compliance order for 5909 June Avenue North: 09/28/09 -7- Inconsistency of the current drafting of City Ordinance Section 5-204(� requiring hard wired smoke detectors for duplexes in relation to the Minnesota State Building Code. Compliance order for City Ordinance Section 12-402(3) regarding the repair or replacement of improperly maintained refrigerator doar gasket. Ms. Atchison stated her position that the subject refrigerator is working fine and has a good seal. She stated the paperwork provided to the Council is incorrect in stating that the gasket is pulling away, and that this has been changed from the original information. There is a crack but the refrigerator is still easily maintaining a temperature of 40 degrees and meets the definition of this code. Ms. Atchison further stated her position that the Housing Inspector has not provided proof that the refrigerator is not working properly, and that this order is going above and beyond what is allowed to be written into City Code. Ms. Atchison stated she fully expects to keep her property in good condition, and it is an asset to the neighborhood. It is an owner-occupied duplex; she lives next door. It is the responsibility of her as a citizen and the City to get together on these things and be consistent and fair. Codes need to be enforced; it is important for them to look at this and say what they should be enforcing. She requested an opportunity to respond to any further information provided by Mr. Clelland. Councilmember Ryan stated his position as an individual that has worked in the heating and air conditioning industry, that if the loss of seal is significant, the system will be unable to continue to maintain the temperature over time. Councilmember Lasman suggested that this item could be tabled to obtain information from a refrigerator manufacturer on whether the gasket needs to be repaired in order for the refrigerator to operate effectively. Mr. Clelland stated the issue before the City Council is whether the City can properly require a damaged or defective gasket to be repaired or replaced so that he refrigerator is operating. There are two concepts. One is the refrigerator and the second is the stated purpose. Ms. Atchison is arguing that even if the gasket is broken, if it is not that bad she does not need to fix it. He stated the ordinance requires repair of broken windows. Ms. Atchison would say if the window is broken but it keeps the rain out she does not need to fix it. In fact you do, and tenants need assurance that the refrigerator will be working and not simply holding temperature for one day and failing soon thereafter. Mr. Clelland stated the fact of the Building Official is that the gasket needed repair. There does not seem to be dispute that it is an essential part of a properly working refrigerator. The focus for the Council is whether it is proper interpretation of the ordinance not only that a refrigerator be required, but that it be in good working order. As to due process, Ms. Atchison is educated in this field and was first notified of the violation in June of 2009, and has had more than ample time to respond. Ms. Atchinson stated her position that the inspector has stepped well beyond the ordinance and that the Housing Commission agrees with her assessment. Councilmember Roche moved and Councilmember Ryan seconded to close the hearing. 09/28/09 -8- Motion passed unanimously. Councilmember Lasman stated her position on tabling the item has changed after considering Mr. Clelland's comments regarding defective parts. It was noted that the Housing Inspector is trained, qualified and certified, and there is no reason to believe he would not be able to make a professional judgment regarding the item in question. Mayor Willson moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2009-118 Addressing Appeal of Certain Rental Inspection Compliance Orders for 5909 June Avenue North in Brooklyn Center, Minnesota. Motion passed unanimously. lOc. RESOLUTION NO. 2009-119 AUTHORIZING TERMINATION OF EXISTING SUBDIVISION AGREEMENTS (RICHARDSON PARK PLAT 1989 AND RICHARDSON PARK 2ND ADDITION —1990) Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Roche moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2009-119 Authorizing Termination of Existing Subdivision Agreements (Richardson Park Plat —1989 and Richardson Park 2 °d Addition —1990). Motion passed unanimously. lOd. AMEND 2009 CITY COUNCIL MEETING SCHEDULE Mr. Boganey introduced the item, discussed the history, and stated the purpose of the amendment to the 2009 City Council meeting schedule. Councilmember Lasman moved and Councilmember Ryan seconded to amend the 2009 City Council meeting schedule to add October 5, and November 2, 2009, at 6:30 p.m. for Budget Work Sessions with the Financial Commission. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Yelich reported on his attendance at the following events: September 15, 2009, Firehouse Park Neighborhood gathering. September 15, 2009, Park and Recreation Commission Meeting. There was considerable input on the Capital Improvement Program, as well as issues dealing with Evergreen and Firehouse Parks. 09/28/09 -9- September 25, 2009, Neighborhood Crime Update Meeting. The City is working with commercial properties in the area to minimize crime opportunities. September 26, 2009 Crime Prevention Program fundraising breakfast at the local Applebee's. Compliments to Kim Winkleman for her exceptional job as a volunteer in that effort. Councilmember Lasman reported on her attendance at the following events: September 15, 2009, Firehouse Park Community Meeting. September 16, 2009, Crime Prevention Program Meeting. September 17, 2009, Special Events Meeting. Discussion centered on the up and coming February 6, 2010, Brooklyn Center 99 Birthday Celebration at Earle Brown Heritage Center. There will be more updates as the event gets closer. Councilmember Roche reported on the following: Link Associates will be relocating to Robbinsdale. Thank you to Link Associates, and especially Jo Roberts, for their help in the community. Random Act of Kindness nominations are due October 2, 2009. Individuals can call City Hall to nominate a neighbor, entity, or business. There are two more Sundays for the Farmers Market on Bass Lake Road across from the Transit Center. World Studies Annual Celebration at Evergreen Park last Sunday. Evergreen Park is open and the elementary school was not cut as part of the school district closings. 80 Anniversary celebration of the Minnesota Highway Patrol is scheduled for October 14, 2009, at 1:00 p.m. at Earle Brown Heritage Center. Individuals can RSVP at 763-560-6829. The last walking tour of the season at Earle Brown Heritage Center will be this Saturday, October 3, 2009. October 3, 2009, Antiques Road Show at the Crossings in Brooklyn Center located at Dupont Avenue and I694. Councilmember Ryan reported on his attendance at the following events: September 15, 2009, Firehouse Park Neighborhood Meeting. The Council will be reviewing removal of the basketball hoops from Firehouse Park and he would like to hear from the neighbors about this issue. September 25, 2009, neighborhood meeting at Jehovah Jireh Church at 61 and Xe�es Avenues. There has been success recently on reducing disturbances and the need for police calls at 24 hour gas stations and rental properties. He looks forward to the Police Department working with folks in the neighborhood adjacent to the problem rental property and the 24 hour gas station. Mayor Willson reported on his attendance at the following events: September 15, 2009, Firehouse Park Neighborhood Meeting. September 16, 2009, Visit Minneapolis North (VMN) Executive Committee Meeting followed by the Board Meeting. 09/28/09 -10- VMN Welcoming Party in the City of Plymouth at the Radisson Hotel with the purpose to extend an invitation to the City of Plymouth and the hoteliers in Plymouth. 12. ADJOURNMENT Councilmember Yelich moved and Councilmember Lasman seconded adjournment of the City Council meeting at 8:48 p.m. Motion passed unanimously. 09/28/09 -11- STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersi ned bein the dul ualified and a ointed Cit Clerk of the City of g g Y q pp Y Brooklyn Center, Minnesota, certifies: 1. That attached hereto is a full true and com lete transcri t of the minutes of a P P Regular Session of the City Council of the City of Brooklyn Center held on September 28, 2009. 2. That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. That the City Council adopted said minutes at its October 12, 2009, Regular Session. �i /��U��f�/In���.( City Clerk Mayar 09/28/09 -12-