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HomeMy WebLinkAbout2004 10-25 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 OCTOBER 25, 2004 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 at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Troy Norberg, 5240 Drew Avenue North, addressed the Council regarding the rental license at 5240 Drew Avenue North. Mayor Kragness informed Mr. Norberg that there was an item on the agenda to discuss the rental license at 5240 Drew Avenue North. 2. INVOCATION Deacon John Winkleman offered the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna Kragness at 7:02 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 10/25/04 -1- 6. COUNCIL REPORT Councilmember Lasman mentioned that in the Twin Cities Business Magazine Brooklyn Center's new Caribou Coffee Headquarters was nominated as the Favorite Cup of Coffee in the Twin Cities and that she wished to congratulate them on that nomination. Councilmember Niesen reported that she and Councilmember Carmody had attended the Shingle Creek Watershed Commission meeting and that the Council will be discussing future financing for capital projects. Mayor Kragness shared a letter she had received from a father who wished to remain anonymous about a problem he was having with his daughter and drugs. The letter outlined the problems that the father was having and the outstanding service received from Police Officer Terry Olson. Mayor Kragness commended Officer Terry Olson and informed that she is aware of many other phone calls regarding other good Brooklyn Center Police Officers. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the agenda and consent agenda. Motion passed unanimously. 7a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the October 4, 2004, Joint Work Session with Financial Commission and October 13, 2004, study, regular, and work session meeting minutes. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve the following list of licenses. Motion passed unanimously. MECHANICAL K B Mechanical Inc. 140 W. 98th Street, Bloomington PRIVATE KENNEL(No calls regarding dogs have been received) Lynn Amacher -Malm 5420 Fremont Avenue North RENTAL Renewal Unity Place (112 Units) - CHDC LTD Partnership (5300 -5448 Ponds Drive) (7225 -7274 Unity Avenue North) 10/25/04 -2- View Pointe at Shingle Creek (122 Units) - Amcon (6221 Shingle Creek Pkwy.) Initial: 5417 Fremont Avenue North - Leilani Flemister 7055 Perry Avenue North - Tommy Nguyen 5906 Dupont Avenue North - Bruce Goldberg 7c. RESOLUTION APPROVING CHANGE ORDER NO. 3, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2003 -01, 02, 03, & 04, CONTRACT 2003 -A, 2003 HAPPY HOLLOW NEIGHBORHOOD STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS RESOLUTION NO. 2004 -138 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 3, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2003-01,02,03, & 04, CONTRACT 2003 -A, 2003 HAPPY HOLLOW NEIGHBORHOOD STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 7d. RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR HILTON MINNEAPOLIS NORTH RESOLUTION NO. 2004-139 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR HILTON MINNEAPOLIS NORTH The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 8. RANDOM ACTS OF KINDNESS PRESENTATION OF RECOGNITION AND CERTIFICATE CEREMONY Mayor Kragness discussed that the City had received six nominations and are they as follows: 10/25/04 -3- Nominee Nominated By Sander Anderson Lutheran Church of the Master Pastors Joe and Judy Fornara Liz Beatty Spiritual Life Church Brown College l Eric Stokes Anne Taylor Rich and Sharon Van Denbos Antoinette Johns Independent School District 286 She informed that she would like to present a certificate to those present while Councilmember Lasman read the nominations. Sander Anderson, Eric Stokes, and Rich and Sharon Van Denbos were presented a certificate by Mayor Kragness. 9. PUBLIC HEARING ITEM 9a. AN ORDINANCE REPEALING SECTIONS 19 -301 THROUGH 19 -310 OF THE CITY CODE OF ORDINANCES REGULATING THE PRESENCE OF MINORS UNDER THE AGE OF EIGHTEEN YEARS ON PUBLIC STREETS AND OTHER PLACES BETWEEN CERTAIN HOURS, AND DEFINING DUTIES OF PARENTS AND OTHERS IN CARE OF MINORS City Manager Michael McCauley discussed that this ordinance repealing Sections 19 -301 through 19 -310 of the City Code of Ordinances would remove the City's curfew ordinance. The City would then use Hennepin County's ordinance that is more restrictive, comprehensive, and uniform. A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public Hearing. Motion passed unanimously. Mary O'Connor, 5429 Lyndale Avenue North, addressed the Council to question the curfew times for children under the age of 18 and what the duties of the parents would be under Hennepin County's Ordinance. Mayor Kragness read the following language from Hennepin County's Ordinance: SECTION 3: PROHIBITED ACTS • (A) It is unlawful for a juvenile under the age of 12 to be present in any public place or establishment within Hennepin County: o (1) any time between 9:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. of the following day. o (2) any time between 10:00 p.m. on any Friday or Saturday and 5:00 a.m. on the following day. 10/25/04 -4- • (B) It is unlawful for a juvenile, age 12 to 14, to be present in any public place or establishment within Hennepin County: o (1) any time between 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. of the following day. o (2) any time between 11:00 p.m. on any Friday or Saturday and 5:00 a.m. on the following day. • (C) It is unlawful for a juvenile, age 15 to 17, to be present in any public place or establishment within Hennepin County: o (1) anytime between 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. of the following day. o (2) any time between 12:01 a.m. and 5:00 a.m. on any Saturday or Sunday. • (D) It is unlawful for a parent or guardian of a juvenile knowingly, or through negligent supervision, to permit the juvenile to be in any public place or establishment within Hennepin County during the hours prohibited in paragraphs (A), (B) and (C) of this section. • (E) It is unlawful for a proprietor of an establishment within Hennepin County to knowingly permit a juvenile to remain in the establishment or on the establishment's property during the hours prohibited in paragraphs (A), (B) and (C) of this section. If the proprietor is not present at the time of the curfew violation, the responding officer shall leave written notice of the violation with an employee of the establishment. A copy of the written notice shall be served upon the establishment's proprietor personally or by certified mail. Ms. O'Connor expressed that she believes Section (D) is unclear and that she does not like the idea of telling parents what to do with their children. City Attorney Charlie LeFevere discussed the defenses as outlined in Section 4 of Hennepin County's Ordinance and informed that the City would have no control over Hennepin County's Ordinance. Councilmember Lasman discussed that she had brought this issue to the table for discussion since the City's ordinance only addressed 16 years old and under. The City Council reviewed the City and Hennepin County's ordinances and believed that Hennepin County's ordinance would be more specific and uniform for all children under the age of 18. A motion by Councilmember Carmody, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2004 -21 Councilmember Lasman introduced the following ordinance and moved its adoption: 10/25/04 -5- AN ORDINANCE REPEALING SECTIONS 19 -301 THROUGH 19 -310 OF THE CITY CODE OF ORDINANCES REGULATING THE PRESENCE OF MINORS UNDER THE AGE OF EIGHTEEN YEARS ON PUBLIC STREETS AND OTHER PLACES BETWEEN CERTAIN HOURS, AND DEFINING DUTIES OF PARENTS AND OTHERS IN CARE OF MINORS The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Peppe. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF OFFICER DARRELL KORTAN Mayor Kragness read the resolution expressing recognition and appreciation for the dedicated public service of Officer Darrell Kortan. RESOLUTION NO. 2004-140 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF OFFICER DARRELL KORTAN The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 10b. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER WOMEN'S CLUB IN SUPPORT OF THE ANNUAL HALLOWEEN PARTY Mayor Kragness read the resolution expressing appreciation for the $100 donation of the Brooklyn Center Women's Club in support of the annual Halloween party. RESOLUTION NO. 2004-141 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER WOMEN'S CLUB IN SUPPORT OF THE ANNUAL HALLOWEEN PARTY The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 10/25/04 -6- 10c. RESOLUTIONS SETTING BOND SALES - RESOLUTION PROVIDING FOR COMPETITIVE NEGOTIATED SALE OF $1,010,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2004C - RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $17,245,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 2004D Mr. McCauley discussed that the two resolutions before the Council this evening would be to call for a public hearing on November 8, 2004; and that one would finance special assessments and the other would be the sale of Tax Increment Financing bonds to be used for the City Council's redevelopment goals. RESOLUTION NO. 2004-142 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR COMPETITIVE NEGOTIATED SALE OF $1,010,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2004C The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. RESOLUTION NO. 2004-143 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $17,245,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 2004D The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 10d. RESOLUTION APPROVING AN APPLICATION TO THE HENNEPIN COUNTY ENVIRONMENTAL RESPONSE FUND Mr. McCauley discussed that the Economic Development Authority (EDA) will be asked this evening to approve the submission of an application to the Hennepin County Environmental Response Fund. Before the EDA can approve this action, the governing body of the City must approve a resolution supporting the application. 10/25/04 -7- Councilmember Carmody questioned the financial ramification to the dry cleaners and gas station located at the site. Mr. McCauley discussed that the dry cleaner company will be looked to participate in remediation costs and that the gas station site was part of a previous closing and it was less certain as to their ongoing responsibility. RESOLUTION NO. 2004-144 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING AN APPLICATION TO THE HENNEPIN COUNTY ENVIRONMENTAL RESPONSE FUND The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 10e. RENTAL HOUSING LICENSE HEARING FOR 5240 DREW AVENUE NORTH - RESOLUTION RELATING TO RENTAL HOUSING LICENSE FOR 5240 DREW AVENUE NORTH City Attorney Charlie LeFevere outlined the background for a regular and provisional rental license and what he had ro osed for purposes of conducting the hearing into the proposed provisional P p p rP g g P p p o licensing for the property at 5240 Drew Avenue North. A licensee is not eligible for a regular license if the property has more than .65 police or fire calls per unit on an average in a proceeding one -year period. The one -year period that is looked at is the twelve months that ends two months before the end of the license period. 5240 Drew Avenue North currently has a regular license that expires on October 31, 2004. The twelve -month review period that is looked at to determine whether the premises has had an average of more than .65 calls per unit is from August 31, 2003, to August 31, 2004. A letter dated September 27, 2004, gave the owner of the property notice that the City Manager had determined that the regular license would not be renewed because the property was eligible only for a provisional license. The ground for this determination was that the premises had received an average of more than .65 police or fire calls during the period. It was noted that the period for the amount of calls for service was actually less than year since it did not start with the typical one -year period because of the effective date of the ordinance. The actual date looked at for calls for service was October 4, 2003, to August 31, 2004. The notice also informed the licensee of his right to appeal the City Manager's decision to the City Council. Mr. Troy Norberg of TNT, Managers of the property, responded to the notice that he would like to appeal the City Manager's decision to reinstate the regular rental license at 5240 Drew Avenue North. The hearing this evening is provided under City Code Section 12 -910 (6). After the hearing the City Council would be required to issue a decision. In this case; however, there are no violations of the code. The question is whether the applicant is eligible only for a provisional license or a regular license. If the property generated more than .65 calls per unit during that period, and if it was reasonable and appropriate to count all of those calls, which is a decision initially made by the City Manager, then the property is eligible only for a provisional license. 10/25/04 -8- The City Manager decided that more than .65 calls per unit were generated and that decision is being appeal. If the Council decides that the City Manager's decision was correct the Council can consider the resolution prepared for adoption. If the Council decides that the City Manager's decision is incorrect a resolution has not been prepared for the findings of overruling the City Manager's decision. That resolution would need to be based on the outcome of the hearing. If the Council concludes that the City Manager's decision should be overruled it was recommended that staff be directed to prepare appropriate findings for consideration at the next City Council meeting. Mayor Kragness read the resolution that had been prepared and a copy was provided to Mr. Norberg. Police Lieutenant Curt Lund addressed the Council to discuss that he had monitored the property during the one -year period and that the Police Department had marked this property early as an apartment complex that was increasing its calls for service at a rate that would be over the .65 calls for service allowed by the ordinance. Mr. Lund discussed a memorandum that outlined the actions of the Police Department and the owners of the property. It was noted that the memorandum that was provided needed to be clarified that the 1.40 calls for service per unit as of August 31, 2004, was actually 1.5 calls for service per unit; and that the property code violations on March 15, 2004, was not counted as a call for service. Mr. Lund informed that in April 2004 he had contacted the owner James DeBillis at which time the calls for service reached had .3 or .35 and met with Mr. DeBillis to discuss a solution of lowering the calls for service so that they did violate the ordinance. After that meeting the calls for service continued on a regular basis. Councilmember Lasman expressed that she believes the background data was thorough on the calls for service and that the decision may be even more than a little bit fair since there were seven violation calls that could have been counted that were not counted. Mr. Lund informed that they were somewhat lenient with the property since the apartment complex is small; and the calls for service were believed to be fair. Councilmember Carmody asked about the concerns that Mr. DeBillis had as a retaliatory action of a tenant and asked that Mr. Lund cover how the City would know that it is not someone retaliating against the landlord. Mr. Lund discussed that when they look at the calls for service they have to justify their actions as far as counting a call for service. If they are getting one apartment calling on another apartment because they do not like them and the officers get there and there is no obvious violation, that call is not counted. A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Hearing. Motion passed unanimously. 10/25/04 -9- Troy Norberg, TNT Management, addressed the Council and discussed that he had taken over the I management at 5240 Drew Avenue North approximately three and a half months ago. He believes pp Y g that at the end of last year the property had problematic tenants. Since he started managing the property three units are now vacant from the problematic apartments that were causing the calls. He informed that he also has two more units that are also vacant with a total of five units vacant out of a ten unit complex. Mr. Norberg discussed that in the last two months he has worked approximately 80 hours a week and believes that he has veered all of the problems that the property has been caused and has been causing over the last year. Mayor Kragness questioned if the Council is upholding the City Manager's decision and if a mitigation plan action is the next direction for the property. Mr. McCauley discussed that the Council needs to hear Mr. Norberg's comments and questions to determine whether or not it has been substantiated that they have more than .65 calls per unit in the applicable period. If the Council were to make that determination that a provisional license is required then part of the provisional license requires a mitigation plan. Mr. Norberg informed that since he has become the manager at the property he has tried to do his best at keeping the calls for service down and that is why he asking that the Council consider a regular license to be reinstated for the property instead of having to go through a provisional license. Councilmember Niesen questioned the provisional license period and the earliest period of time that the property could be reinstated to a regular license. Mr. LeFevere discussed that they would have to have a one year provisional license and that the provisional license is looked at every six months. Assuming hat the calls for service are less than .65 calls p er unit before the can ap for a regular � r Y rr Y � license the mitigation plan would be considered sufficient. The property would continue to be licensed under the provisional until the end of the one year period. A motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Hearing. Motion passed unanimously. Mayor Kragness suggested that Mr. Norberg attend the Association for Rental Management meetings. RESOLUTION NO. 2004-145 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING AN APPLICATION TO THE HENNEPIN COUNTY ENVIRONMENTAL RESPONSE FUND The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 10/25/04 -10- i 11. ADJOURNMENT There was a motion by Councilmember Carmody, seconded by Councilmember Peppe to adjourn the City Council meeting at 8:10 p.m. Motion passed unanimously. v - City Clerk Mayor 10/25/04 -11-