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HomeMy WebLinkAbout2010 01-25 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 JANUARY 25, 2010 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, Director of Fiscal and Support Services Dan Jordet, 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 Corrine Heine, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Roche moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:47 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 7:02 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, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and 01/25/10 -1- Development Gary Eitel, Assistant City Manager /Director of Building and Community Standards Vickie Schleuning, City Attorney Corrine Heine, 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 Lasman moved and Councilmember Roche seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Regular Session minutes of g g January 11, 2010, and the following consent items were approved: 6a. APPROVAL. OF MINUTES 1. November 30, 2009 — Budget Hearing 2. January 11, 2010 — Study Session 3. January 11, 2010 — Regular Session 4. January 11, 2010 — Work Session 6b. LICENSES FIREWORKS — PERMANENT Cub Foods 3245 County Road 10 Walgreen Company 6390 Brooklyn Blvd GASOLINE SERVICE STATION Royalty & Sons, Inc. 6044 Brooklyn Blvd MECHANICAL, Affordable Comfort Mechanical 6510 Hwy 36 Boulevard N, Oakdale Air Comfort Specialists 662 116"' Lane NE, Blaine Hymark HVAC 110 Hill Circle E, Big Lake Owens Companies 930 E 80 Street, Bloomington Southside Heating 10800 Normandale Boulevard, Bloomington RENTAL INITIAL 6700 Toledo Ave N Passed with Weather Deferral Trenton Potter RENEWAL 5337 -39 Queen Ave N Ambe Funwi 5332 -36 Russell Ave N Douglas Ryan 6626 Camden Dr Jeremy Ronnebaum Sutton 4201 Lakeside Ave #206 Germaine Pawelk 01/25/10 -2- 3206 Thurber Rd Mains "l Properties 7164 Unity Ave N Eugene Olson SIGN HANGER Lawrence Sign 945 Pierce Butler Route, St. Paul TOBACCO RELATED PRODUCT Cub Foods 3245 County Road 10 Royalty & Sons, Inc. 6044 Brooklyn Blvd Sankhar Forex, Inc. 5808 Xerxes Ave N 6c. RESOLUTION NO. 2010 -22 AUTHORIZING EXECUTION OF A LETTER OF ENGAGEMENT FOR PROFESSIONAL AUDIT SERVICES FOR THE 2009 FISCAL YEAR Motion passed unanimously. 7. PRESENTATIONS /PROCLAMATIONS /RECOGNITIONS /DONATIONS —None. 8. PUBLIC HEARING 8a. ORDINANCE NO. 2010 -02 RELATING TO THE REGULATION OF RENTAL PROPERTIES; AMENDING BROOKLYN CENTER CITY CODE, SECTIONS 12 -101 THROUGH 12 -1401 City Manager Curt Boganey introduced the item and discussed the history of the proposed ordinance. Assistant City Manager /Director of Building and Community Standards Vickie Schleuning provided an overview of the proposed ordinance. She answered questions of the City Council on the following in relation to the proposed ordinance: • Qualification of licensing categories • Additional and clarifying conditions affecting the status of rental licenses • Substandard property accountability — crime free housing standards • Chapter 12 -911 (conduct on premise) — clarified and increased accountability of tenants /landlords for multiple disorderly conduct violations • Clarification on language to include all non -owner occupied properties, such as renting to relatives Ms. Schleuning expressed her appreciation to each department for the work involved with the proposed ordinance. Mayor Willson commended staff for the work involved with the proposed ordinance and the quality end result. Councilmember Yelicb moved and Councilmember Lasman seconded to open the Public Hearing. 01/25/10 -3- Motion passed unanimously. Ms. Lisa Pehlin, Minnesota Multi - Housing Association (MHA), addressed the City Council and thanked the City for the approach that has been taken. She stated her position that it rewards the well- managed properties and focuses on those that are not. She expressed appreciation to Mr. Boganey and Ms. Schleuning for their willingness to work with MHA on the ordinance. Ms. Pehlin commented that every city does this a little differently and asked that as the City of Brooklyn Center gathers experience with the ordinance, that they might be willing to tweak certain things if warranted. She stated her position that well - managed properties have fewer problems than those that are not well managed, but that even the best managed properties will not eliminate all problems. She shared examples of situations where problems could occur due to things beyond the landlord's control, such as tenants not reporting maintenance issues, smoke detectors being deliberately disabled, and ongoing maintenance issues in older properties. She stated there can still be police calls even if a landlord screens beautifully, for example, renting to a single person that associates with a new significant other or a burglary at the unit. She stated MHA strongly supports the approach the City has taken, and that they strongly support staff's recommendation that the license categories be assigned on the basis of new inspections. Ms. Jo Roberts, Link Associates, addressed the City Council and stated she is very pleased at the direction this is going and with the response to her concerns that were expressed to staff about things she did not think were being heard. She commended Ms. Schleuning for the work that has been done with the proposed ordinance. She stressed the importance of the City Council's support of the proposed ordinance. She stated her position that there should be more involvement from people in the community, taking the time that is put into the topic of being crime -free into rental housing with the ideas from the community. She stated her position that landlords should have a plan put together when they apply for a rental license, rather than waiting until there is a police report to put a plan together. Ms. Roberts stated she agrees with Ms. Pehlin's comments about landlords and police calls; however, she disagrees with her on the way the tenants report to the landlords. She stated her position that while some tenants do not report things to their landlords, owners need to do routine checks on their properties. She stated that Link Associates represents both sides of the spectrum, and that they look at difficulties on behalf of landlords and tenants. Councilmember Lasman moved and Councilmember Roche seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Lasman seconded to adopt ORDINANCE NO. 2010 -02 Relating to the Regulation of Rental Properties; Amending Brooklyn Center City Code, Sections 12 -101 through 12 -401. Councilmember Yelich stated his support of the proposed ordinance and stated the following for the record. 01/25/10 -4- 1) This code amendment codifies a higher set of standards to apply to all rental properties and is based on years of experience and input from multiple parties. He expressed compliments and appreciation to all those who contributed. 2) This code amendment acknowledges the important contribution businesses make to the quality of life in the City. It provides incentives and rewards for property owners to continue improvements and the quality of life for Brooklyn Center residents. It also sends a message that those in the business community with problem properties will be addressed. 3) This code amendment strengthens key components of the comprehensive crime reduction strategy. As documented by the PERF study, a significant amount of crime is associated with rental property. This amendment will help shift the burden and reduce those police calls. Appreciation was expressed to the Housing Commission for its involvement with the proposed ordinance. It was noted that the code amendments can be seen as the next step in the City's rental neighborhood improvement strategy, and that it will serve to reduce nuisances, complaints, and ultimately crime in the neighborhoods. The ordinance has been crafted carefully and the City has heard from conscientious property owners. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS Director of Business and Development Gary Eitel provided an overview of Planning Commission Application No. 2010 -001 and advised the Planning Commission recommended approval of the application at its January 14, 2010, meeting. Mr. Eitel answered questions of the City Council regarding the spacial use permit request to allow a church use in a PUC /I -1 zone at 6870 Shingle Creek Parkway. He clarified that an amendment to the application would be required if the hours of operation were to expand beyond the specified hours of 10 a.m. — 2 p.m. on Sundays and 7 p.m. - 10 p.m. on Fridays. Councilmember Roche requested that the property owner be reminded that the landscape berm on the west side of the building is in need of attention. Councilmember Lasman moved and Councilmember Roche seconded to approve Planning Commission Application No. 2010 -001 subject to the following conditions of the Planning Commission: 1. The special use permit is issued for a place of religious assembly and associated uses at this location. No other uses, not comprehended by this application shall be permitted as part of this special use permit. Any expansion or major alteration to the use shall be subject to an amendment to this special use permit. 2. This special use permit is subject to all applicable codes, ordinances and regulations. Any violation, thereof, may be grounds for revocation. 3. Tenant improvement plans are subject to review and approval by the Building Official with respect to applicable codes through the building permit process. 01/25/10 -5- 4. Special use approval is exclusive of all signery which is subject to the provisions of Chapter 34 of the City Ordinances. Mr. Dennis Batty, The Dennis Batty & Associates Group, Inc., representing the applicant, addressed the City Council and stated his understanding of the special use permit and what it covers lines up with what has been stated by staff. He requested clarification regarding the ability to hold an occasional funeral or wedding outside of the specified hours of operation without requesting permission. Discussion ensued on the hours of operation as specified in the special use permit in relation to the above request by Mr. Batty. It was noted that the minutes of the Planning Commission meeting indicate that other facilities are presently used for these activities with no plans to change at this time. City Attorney Corrine Heine advised if the special use permit contains specific conditions on the specified hours of operation and does not include flexible language to allow for occasional variances from those hours of operation, it raises the potential for there being a violation if there is operation outside of the hours specified in the permit. If the Council wishes to include flexible language in the permit, that would be advisable. It should specify that the use would be occasional, and that the routine hours of operation would be on the specified days and what the occasional operation would be for. The conditions should identify the types of events that would justify operation out of the normal hours. Councilmember Lasman moved and Councilmember Roche seconded to amend the special use permit to include condition no. 5 to reflect the following, with the language verified by the City Attorney's Office: Hours of operation may be outside of the outlined hours in the event of occasional other usage, such as funerals, weddings, or religious holidays. Motion on amendment passed unanimously. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. MAYORAL APPOINTMENT — NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION Mayor Willson announced the appointment of Allan Hancock to the Northwest Suburbs Cable Communications Commission. Councilmember Roche moved and Councilmember Yelich seconded to ratify the Mayoral Appointment of Allan Hancock to the Northwest Suburbs Cable Communications Commission. Motion passed unanimously. 10b. PROVISIONAL RENTAL DWELLING LICENSE — 5301 DUPONT AVENUE 01/25/10 -6- NORTH Mr. Boganey introduced the item, discussed the history, and stated the purpose of the provisional rental dwelling license. Councilmember Roche moved and Councilmember Yelich seconded to approve the Six -Month Provisional Rental Dwelling License Application and the Mitigation Plan for 5301 Dupont Avenue North. Mr. Boganey reviewed the Mitigation Plan for 5301 Dupont Avenue North. Motion passed unanimously. 10c. RESOLUTION NO. 2010 -23 CALLING FOR A PUBLIC HEARING ON PROPOSED USE OF 2010 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2010 -23 Calling for a Public Hearing on Proposed Use of 2010 Urban Hennepin County Community Development Block Grant Funds. Motion passed unanimously. 10d. RESOLUTION NO. 2010 -24 AUTIIORIZING APPROVAL OF AMENDMENT TO PROFESSIONAI. SERVICES AGREEMENT WITH SEH, INC. FOR DESIGN SERVICES FOR THE BASS LAKE ROAD STREETSCAPE AND REGIONAL TRAIL IMPROVEMENTS, PROJECT NO. 2009-18 Public Works Director /City Engineer Steve Lillehaug introduced the item, discussed the history, and stated the purpose of the proposed resolution. It was noted that there was considerable discussion during the study session prior to the City Council meeting in regards to the cost overruns on the subject agreement. Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2010 -24 Authorizing Approval of Amendment to Professional Services Agreement with SEH, Inc. for Design Services for the Bass Lake Road Streetscape and Regional Trail Improvements, Project No. 2009 -18. It was noted that while the Council has concerns with the overruns on this agreement for design services, the bid amount on the next agenda item to award the contract for the project is significantly reduced. It was further noted that during the study session discussion the City Engineer assured the Council that the City received good and fair value for the dollars expended 01/25/10 -7- on this agreement. It was pointed out that it is preferred to make these changes in the planning and design stage of the project, rather than the reconstruction stage. Motion passed unanimously. Mr. Boganey stated as City Manager he accepts responsibility for the cost overruns with this agreement. He commended Mr. Lillehaug on his work under the circumstances involved with this project and stated at all times Mr. Lillehaug has been looking to assure that the City received fair value for the dollars expended. 10e. RESOLUTION NO. 2010 -25 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2009 -18, BASS LAKE ROAD STREETSCAPE AND REGIONAL TRAIL IMPROVEMENTS Mr. Lillehaug 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. 2010 -25 Accepting Bid and Awarding a Contract, Improvement Project No. 2009 -18, Bass Lake Road Streetscape and Regional Trail Improvements. It was noted that Peterson Companies, Inc. is a local company, located in Chisago City, Minnesota. It was further noted that this project ties in with the rebirth of Gateway Commons and that the City is doing what it can to help the people willing to invest in the community. Mayor Willson noted the significant savings over the engineer's estimate. He commended staff and the innovative contract put forward by Mr. Lillehaug to receive the most for the tax dollars being spent. Motion passed unanimously. lOf. RESOLUTION NO. 2010 -26 ACCEPTING ENGINEERS FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2010 -01, 02, 03, AND 04, CONTRACT 2010 -A, DUPONT AREA NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Mr. Lillehaug provided a brief overview of Improvement Project Nos. 2010 -01, 02, 03, and 04, Contract 2010 -A, Dupont Area Neighborhood Street, Storm Drainage, and Utility Improvements. He clarified that adjustments can still be made after the feasibility study is amended. Councilmember Yelich moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2010 -26 Accepting Engineer's Feasibility Report and Calling for a Public Hearing, Improvement Project 2010 -01, 02, 03, and 04, Contract 2010 -A, Dupont Area 01/25/10 -8- Neighborhood Street, Storm Drainage, and Utility Improvements. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Yelich reported on his attendance at the following events: • January 13, 2010, Dupont Reconstruction Project informational meeting for residents. • January 19, 2010, Park and Recreation Commission meeting. The issue of additional soccer fields was discussed. • January 20, 2010, North Metro Mayors Association meeting, along with Mayor Willson. The Association will be making efforts to deliver more value to members through added service. There was discussion on group purchasing to help reduce costs to cities. • January 21, 2010, Legislative Budget Update provided by Metro Cities. Significant reductions in state aid are expected over the next few years. • January 23, 2010, City Council Goal Setting Retreat. Councilmember Lasman reported on her attendance at the following events: • January 13, 2010, Dupont Reconstruction Project informational meeting for residents. • January 14, 2010, Brooklyn Center Special Events Committee meeting. The main topic was the countdown to the February 6 99 Birthday Party Celebration, counting down to the 100 birthday next year. • January 19, 2010, Twin Lake North Reconstruction Project informational meeting for residents. • January 20, 2010, Crime Prevention Program meeting. Topics included a report on positive statistics in crime, upcoming February 4 th workshop at the Police Department on personal and home safety; upcoming police and citizen award ceremony on April 21 St ; crime prevention golf tournament fundraiser is scheduled for May 21 st ; and three new police officers have been sworn in to the Police Department. • January 22, 2010, Blue Jean Ball, a Brooklyn Center /Brooklyn Park Youth Collaborative Fundraiser. • January 23, 2010, City Council Retreat. Councilmember Roche reported on the following: • Brooklyn Center Birthday Party will be held at the Earle Brown Heritage Center on February 6 t ". • Tour at Gateway Commons Apartment Complex off Bass Lake Road and Xerxes Avenue. He thanked the individuals at Gateway Commons for the amount of investment and time, and the quality work they are doing. • Brooklyn Center American Little League Baseball and T -ball registration at the Civic Center on Saturday, January 30, 2010, or the following Saturdays between 10 a.m. and 1 p.m. • Brooklyn Center Business Association has put together a new website — www.brooklvncenterbusi tiess.com 01/25/10 -9- • Brooklyn Center resident, Ashlee Kephart, carried the Olympic torch through Calgary, Canada. Councilmember Ryan reported on the upcoming Brooklyn Center 99 Birthday Celebration scheduled for February 6' at the Earle Brown Heritage Center. He reported on his attendance at the following events: • January 19, 2010, Twin Lakes North Reconstruction Project informational meeting for residents. • January 22, 2010, Brooklyn Teen Collaborative Blue Jean Ball Dinner and Event at Embassy Suites Hotel. Money was raised for a bus to provide transportation for the youth. • January 23, 2010, City Council Retreat. Mayor Willson reported on January 28, 2010, he will be participating in the Donkey Ball fundraiser at Brooklyn Center High School. He reported on his attendance at the following events: • January 14, 2010, Special Events Committee meeting, along with Councilmember Lasman. • January 20, 2010, North Metro Mayors Association meeting, along with Councilmember Yelich. • January 21, 2010, Metro Cities meeting with the Chairs of the Senate and House Tax Committee in attendance. • January 22, 2010, Blue Jean Ball at the Embassy Suites. • January 23, 2010, City Council Retreat. 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Lasman seconded adjournment of the City Council meeting at 8:50 p.m. Motion passed unanimously. 01/25/10 -10- 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 January 25, 2010. 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 February 8, 2010, Regular Session. City Clerk Mayor 01/25/10 -11-