HomeMy WebLinkAbout2010 04-12 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
APRIL 12, 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 6:47 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 Clerk Sharon Knutson, City Attorney Charlie LeFevere, and
Carla Wirth, 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 Lasman moved and Councilmember Ryan seconded to close the Informal Open
Forum at 6:48 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 7:04 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
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Development Gary Eitel, City Manager /Director of Building and Community Standards Vickie
Schleuning, City Clerk Sharon Knutson, City Attorney Charlie LeFevere, and Carla Wirth,
Timesaver Off Site Secretarial, Inc.
Others present were City Prosecuting Attorney William Clelland.
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, as amended, with the removal of Item No. 10b from the Agenda, and the
following consent items were approved:
6a. APPROVAL OF MINUTES
1. March 22, 2010 — Study Session
2. March 22, 2010 — Regular Session
3. March 22, 2010 — Work Session
6b. LICENSES
MECHANICAL
Assured Htg., AC & Refrigeration 13571 Balsam Lane, Dayton
Faircon Service Company 2560 Kasota Ave, St. Paul
Heating & Cooling Two, Inc. 18550 Co Rd 81, Maple Grove
Horwitz, Inc. 4401 Quebec Ave N., New Hope
North Suburban Heating & A/C 19066 Vasper, Anoka
Recher HVAC, LLC 1119 Madison Ave, Isanti
Thermal Force Mechanical P.O. Box 670, Osseo
MOTOR VEHICLE DEALERSHIP
Cars with Heart 6121 Brooklyn Boulevard
RENTAL
INITIAL (two-year license)
6605 Camden Drive Javier Estrada
5828 Fremont Avenue N. Hamid Safdari
4746 Lakeview Avenue Brian Meltzer
5607 Lyndale Avenue N. Timothy Quam
6012 Pearson Drive Michael Haase
6900 Regent Avenue N. Houa Her
(passed with weather deferral)
5406 Sailor Lane James Waters
5842 Washburn Avenue N. Daniel Pryde
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(passed with weather deferral)
RENEWAL (two-year license)
6100 Summit Drive Earle Brown Terrace Apts.
292653 d Avenue N. Nita Morlock
7101 France Avenue N. Luanne Thompson
(passed with weather deferral)
4113 Lakebreeze Avenue N. Pamela Grover
(passed with weather deferral)
6913 Regent Avenue N. Thao Thu Lai
RENEWAL (TYPE I — three-year license)
7024 Newton Avenue N. Troy Pfingsten
5312 Queen Avenue N. Brian Hamilton/Ryan Wellenstine
SIGNHANGER
Signation Sign Group 6840 Shingle Creek Parkway
6c. APPROVAL OF APPLICATION AND PERMIT FOR TEMPORARY ON-
SALE LIQUOR LICENSE SUBMITTED BY THE CHURCH OF ST.
ALPHONSUS, 7025 HALIFAX AVENUE NORTH, FOR AN EVENT TO
BE HELD MAY 1, 2010 (CINCO DE MAYO CELEBRATION)
6d. RESOLUTION NO. 2010 -68 DESIGNATING 2010 PLANTING LIST OF
ALLOWABLE BOULEVARD TREE SPECIES
6e. RESOLUTION NO. 2010 -69 AUTHORIZING EXECUTION OF A
PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING
GROUP, INC. FOR IN- CONSTRUCTION SERVICES, IMPROVEMENT
PROJECT NO. 2010 -01, DUPONT AREA NEIGHBORHOOD STREET
AND UTILITY IMPROVEMENTS
Motion passed unanimously.
7. PRESENTATIONS / PROCLAMATIONS /RECOGNITIONS/DONATIONS
7a. TREE CITY USA/ARBOR DAY AND ARBOR MONTH
1. RESOLUTION NO. 2010 -70 RECOGNIZING THE DESIGNATION OF
BROOKLYN CENTER AS A TREE CITY USA FOR THE EIGHTEENTH
CONSECUTIVE YEAR
City Manager Curt Boganey introduced the item and stated the purpose of the resolution.
Councilmember Roche moved and Councilmember Lasman seconded to approve
RESOLUTION NO. 2010 -70 Recognizing the Designation of Brooklyn Center as a Tree City
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USA for the Eighteenth Consecutive Year.
Motion passed unanimously.
2. PROCLAMATION DECLARING APRIL 30, 2010, ARBOR DAY AND
MAY 2010 ARBOR MONTH IN BROOKLYN CENTER
Councilmember Lasman moved and Councilmember Yelich seconded to approve Proclamation
Declaring April 30, 2010, Arbor Day and May 2010 Arbor Month in Brooklyn Center.
Motion passed unanimously.
Mr. Boganey recognized the Sons of the American Legion for donating $150 to cover Arbor Day
expenses.
7b. GREAT SHINGLE CREEK WATERSHED CLEANUP WEEK AND EARTH
DAY
1. PROCLAMATION DECLARING APRIL 17 -24, 2010, AS THE GREAT
SHINGLE CREEK WATERSHED CLEANUP WEEK
Mr. Boganey introduced the item, reviewed past cleanup activities, and stated the purpose of the
proclamation.
Councilmember Lasman moved and Councilmember Ryan seconded to approve Proclamation
Declaring April 17 -24, 2010, to be the Great Shingle Creek Watershed Cleanup Week.
The Council expressed its appreciation to all who will volunteer their time during this event and
noted it will provide an excellent opportunity for parents to be positive role models by showing,
with action, that all have a responsibility to keep the City and water clean.
Della Young, Watershed Commissioner, echoed the Council's comments and stated her
appreciation to the Council for its support and funding this event.
Motion passed unanimously.
2. PROCLAMATION DECLARING APRIL 22, 2010, AS EARTH DAY IN
BROOKLYN CENTER
Councilmember Ryan moved and Councilmember Yelich seconded to approve Proclamation
Declaring April 22, 2010, to be Earth Day in Brooklyn Center.
Motion passed unanimously.
8. PUBLIC HEARING
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8a. PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY
SERVICE ACCOUNTS
1. RESOLUTION NO. 2010 -71 CERTIFYING SPECIAL ASSESSMENTS
FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE
HENNEPIN COUNTY TAX ROLLS
Mr. Boganey introduced the item, reviewed the history, and stated the purpose of the resolution.
Councilmember Ryan moved and Councilmember Yelich seconded to re -open the Public
Hearing.
Motion passed unanimously.
Karen Beelen, 7120 Logan Avenue N, stated she is able to make the payments every month and
asked the Council to consider her request for a payment plan.
Councilmember Lasman moved and Councilmember Roche seconded to close the Public
Hearing.
Motion passed unanimously.
Councilmember Lasman stated the idea of a payment plan versus assessments was discussed at
the Work Session this evening. She noted that an assessment would also extend payments so it
would not be an undue hardship to Ms. Beelen. Councilmember Lasman stated based on that
discussion and recommendation of the City Manager, she supports certification of the
assessment.
Councilmember Lasman moved and Councilmember Yelich seconded to approve
RESOLUTION NO. 2010 -71 Certifying Special Assessments for Delinquent Public Utility
Service Accounts to the Hennepin County Tax Rolls.
Councilmember Yelich noted that when this assessment is made, the property owner will make
two payments in 2011 as part of the 2010 assessment. He agreed with the importance of not
setting precedence by creating payment plans after the point of certifying assessments, which
would create an additional administrative burden.
Councilmember Ryan stated he had struggled with this decision but given the homeowner can set
aside the same $75 amounts, he believed there would not be a hardship. He concurred the City
did not want to establish a precedence and indicated he would support the motion, with regret.
Motion passed unanimously.
8b. ORDINANCE NO. 2010 -04 RELATING TO AN ADMINISTRATIVE PENALTY
SYSTEM, ADDING SECTIONS 18 -201 TO 18 -211 TO THE BROOKLYN
CENTER CITY CODE
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Mr. Boganey introduced the item to implement a charter amendment approved by the citizens to
institute an administrative penalty system.
Assistant City Manager/Director of Building and Community Standards Vickie Schleuning
presented the history and purpose of the proposed ordinance to implement an administrative
penalty, which would be a civil process. She advised of the need to adopt a resolution to
establish fees, develop systems and a process, informational materials, staff training, and
implementation.
Councilmember Lasman moved and Councilmember Roche seconded to open the Public
Hearing.
Motion passed unanimously.
No one wished to address the City Council.
Councilmember Lasman moved and Councilmember Roche seconded to close the Public
Hearing.
Motion passed unanimously.
Councilmember Lasman moved and Councilmember Yelich seconded to adopt ORDINANCE
NO. 2010 -04 Relating to an Administrative Penalty System, adding Sections 18 -201 to 18 -211 to
the Brooklyn Center City Code.
Motion passed unanimously.
9. PLANNING COMMISSION ITEMS
9a. PLANNING COMMISSION APPLICATION NO. 2010 -005 SUBMITTED BY
WELSH CONSTRUCTION, LLC, REQUESTING PLANNED UNIT
DEVELOPMENT APPROVAL TO ALLOW CONSTRUCTION OF A 63,362 SQ.
FT. ADDITION TO THE ADULT EDUCATION BUILDING, A THREE STORY
PARKING STRUCTURE, A REDESIGN OF ACCESS AND INTERNAL
MOVEMENT WITHIN THE PARKING LOT OF THE EARLY CHILD
LEARNING CENTER AND ACCESS IMPROVEMENTS FROM 71 AVENUE
NORTH
Director of Business and Development Gary Eitel provided background information and an
overview of Planning Commission Application No. 2010 -005 submitted by Welsh Construction,
LLC. Mr. Eitel advised the Planning Commission recommended approval and explained that at
second reading of this ordinance, the City Council will consider a second resolution that includes
the restrictive covenant and other restrictions.
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Mr. Eitel answered questions of the City Council regarding traffic circulation and the likelihood
of shortcut traffic. With regard to the resident's letter expressing concern that traffic
approaching from the west may use a shortcut, Mr. Eitel stated that based on the traffic studies
and in viewing the site, he has not seen traffic from 69 Avenue seeking to shortcut through the
neighborhood. He noted this plan would move access for the school and parking lot off Perry
Avenue.
1. RESOLUTION NO. 2010 -72 REGARDING THE DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2001 -005 SUBMITTED
BY WELSH CONSTRUCTION (NORTHWEST FAMILY SERVICES
CENTER — CEAP & ISD 279)
Councilmember Lasman moved and Councilmember Roche seconded to adopt RESOLUTION
NO. 2010 -72 Regarding the Disposition of Planning Commission Application No. 2010 -005
Submitted by Welsh Construction (Northwest Family Services Center — CEAP & ISD 279).
Motion passed unanimously.
2. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF
ORDINANCES REGARDING THE ZONING CLASSIFICATION OF
CERTAIN LAND (SOUTHWEST QUADRANT OF BROOKLYN
BOULEVARD AN 71 AVENUE)
Mr. Eitel introduced the item and explained the purpose of this ordinance. It was noted that the
Planning Commission will consider the final site plan review of this application on April 15,
2010, and on May 10, 2010, the Council will hold a Public Hearing and consider the covenants.
The Council commented on the importance of the Family Services Center and CEAP to address
the needs of the City's residents and stated its support to bring this institution back into Brooklyn
Center. The contributions of Mayor Myrna Kragness and CEAP volunteers were acknowledged.
Councilmember Lasman moved and Councilmember Ryan seconded to approve first reading of
an Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding the Zoning
Classification of Certain Land (Southwest Quadrant of Brooklyn Boulevard and 71 Avenue
North) and set second reading and Public Hearing for May 10, 2010.
Motion passed unanimously.
10. COUNCIL CONSIDERATION ITEMS
10a. MAYORAL APPOINTMENT TO HOUSING COMMISSION
Mayor Willson announced the appointment of Tracy Groves to the Housing Commission.
Councilmember Lasman moved and Councilmember Yelich seconded to ratify Mayoral
appointment of Tracy Groves, 5337 Girard Avenue N., to the Housing Commission.
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Motion passed unanimously.
10b. HEARING FOR HYDER JAWEED, HOLDINGFORD INVESTMENTS, LLC,
REGARDING RENTAL PROPERTY LOCATED AT BROOKHAVEN
APARTMENTS (3907, 3909, AND 391165 TH AVENUE NORTH)
This item was removed from the agenda upon adoption.
10c. HEARING FOR JOHN PAUL RODER, SIERRA - STERLING INVESTMENTS,
LLC, SIERRA PROPERTIES, INC., RAPAHAR PROPERTIES, INC.
REGARDING RENTAL PROPERTY LOCATED AT STERLING SQUARE
APARTMENTS (1400 AND 1401 67 AVENUES NORTH AND 6650 AND 6700
HUMBOLDT AVENUES NORTH)
Mr. Boganey introduced the hearing for John Paul Roder related to delinquent utilities and taxes.
City Prosecuting Attorney William Clelland and City Clerk Sharon Knutson advised of the
unpaid delinquent taxes and utilities for property known as Sterling Square Apartments and the
facts under consideration. It was noted that while Mr. Roder had indicated he felt there was
consideration under the ordinance because he intended to protest taxes, there is no evidence he
has initiated legal action. Mr. Clelland advised that the ordinance requires land owners to be
current on property taxes and all obligations due to the City during the term of the rental license.
In response to Council's question, Ms. Knutson reviewed the entities under which Mr. Roder has
listed this property, noting all use a mailing address of 1818 Bryant Avenue North, Apt. #3,
Minneapolis. Mr. Clelland advised that notice was sent to all entities.
Councilmember Roche moved and Councilmember Lasman seconded to open the Public
Hearing.
Motion passed unanimously.
No one wished to address the City Council.
Councilmember Ryan moved and Councilmember Roche seconded to close the Public Hearing.
Motion passed unanimously.
Councilmember Roche moved and Councilmember Lasman seconded to direct staff to prepare a
resolution for the next City Council meeting with findings of fact to revoke the rental license for
property located at Sterling Square Apartments.
City Attorney Charlie LeFevere addressed the ordinance distinction between suspension and
revocation of a rental license. If a rental license is suspended for a specific term, a new rental
application is not required and the license would be renewed at the end of that term under certain
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conditions, such as payment of taxes. A suspension can be applied to a portion of the building or
the entire premises for a period up to 90 days or until a specified condition is met. A license
revocation may be up to one year, after which the owner would apply for a new license under the
standards of the current ordinance, which are different than standards of the previous ordinance.
Following discussion, Council consensus was reached that license revocation was the appropriate
consideration since past action to suspend had not yielded results. Consensus was also reached
to consider the term of revocation at the next Council meeting so additional data can be
considered.
Motion passed unanimously.
10d. ELECTION RELATED ORDINANCE AMENDMENTS
1. AN ORDINANCE RELATING TO MUNICIPAL ELECTIONS;
AMENDING CITY CODE SECTIONS 29-401,29-402, AND 29 -403
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
Councilmember Roche moved and Councilmember Lasman seconded to approve first reading of
an Ordinance Relating to Municipal Elections; Amending City Code Section 29 -401, 29 -402,
and 29 -403, and set second reading and Public Hearing for May 10, 2010.
Motion passed unanimously.
2. AN ORDINANCE AMENDING CHAPTER 4 OF THE BROOKLYN
CENTER CITY CHARTER, SECTIONS 4.01 AND 4.02
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 first reading of
an Ordinance Amending Chapter 4 of the Brooklyn Center City Charter, Section 4.01 and 4.02,
and set second reading and Public Hearing for May 10, 2010.
Motion passed unanimously.
3. AN ORDINANCE RELATING TO CAMPAIGN SIGNS; AMENDING
CITY CODE SECTIONS 34 -140
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
Councilmember Ryan moved and Councilmember Yelich seconded to approve first reading of an
Ordinance Relating to Campaign Signs; Amending City Code Section 35 -140, and set second
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reading and Public Hearing for May 10, 2010.
Motion passed unanimously.
10e. AN ORDINANCE RELATING TO DEFINITION OF THE CLEAR VIEW
TRIANGLE; AMENDING CITY CODE SECTION 25 -802
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
Councilmember Lasman moved and Councilmember Roche seconded to approve first reading of
an Ordinance Relating to the Definition of the Clear View Triangle; Amending City Code
Section 25 -802, and set second reading and Public Hearing for May 10, 2010.
Motion passed unanimously.
10L RESOLUTION NO. 2010 -73 APPROVING THE LABOR AGREEMENT FOR
LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 86 (POLICE
COMMANDERS AND SERGEANTS) AND THE CITY OF BROOKLYN
CENTER FOR THE CALENDAR YEAR 2010
Mr. Boganey introduced the item, discussed the history, and recommended approval of the
proposed resolution.
Councilmember Roche moved and Councilmember Lasman seconded to approve
RESOLUTION NO. 2010 -73 Approving the Contract for Law Enforcement Labor Services
(LELS) Local 86 and the City of Brooklyn Center for Calendar Year 2010.
Motion passed unanimously.
10g. RESOLUTION NO. 2010-74 SPECIAL ASSESSMENT HEARING APPEAL
Councilmember Lasman moved and Councilmember Ryan seconded to remove this item from
the table.
Motion passed unanimously.
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
Councilmember Lasman explained that at the last meeting, based on the information and
explanation provided, she felt this assessment could have been missed. However, upon review
of additional information and the wording of a typical purchase agreement it clearly indicates
such costs are the responsibility of the buyer or seller. Councilmember Lasman stated that unless
the property owners provides a copy of their purchase agreement proving they were not
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informed, she supported action to dismiss the $100 re- inspection fee and certify the assessment
(including capital interest charge and special assessment charge).
Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION
NO. 2010 -74 Certifying Special Assessments for Delinquent Weed Removal Costs to the
Hennepin County Tax Rolls.
Motion passed unanimously.
11. COUNCIL REPORT
Councilmember Yelich had no report.
Councilmember Lasman reported on her attendance at the following events:
• April 6, 2010, joint meeting with various Commissions that was very productive. She
indicated support that this joint meeting becomes an annual event.
• April 9, 2010, Fire Fighter Awards Banquet
Councilmember Lasman advised of the Mega Sports Card Memorabilia Event held April 9 -11,
2010, at the Earle Brown Heritage Center
Councilmember Roche reported his attendance at the following events:
• Housing Commission meeting
• Joint City Council and Commissions meeting
• North Hennepin Chamber of Commerce luncheon with Governor Pawlenty
Councilmember Roche announced that Earth Fest will be held on April 22, 2010, 1 -4 p.m. at the
Brooklyn Center High School, and advised that "Shop Brooklyn Center" savings coupons are
available.
Councilmember Ryan reported his attendance at the following events:
• March 27, 2010, 60 anniversary, Royal Laotian Army Recognition
• March 31, 2010, Brooklyn Center Centennial Planning Committee meeting
• April 1, 2010, Governor's speech
• April 6, 2010, joint meeting of the City Council and volunteer Commissions. He thanked the
members of volunteer commissions for their important contribution and dedicated service.
• April 9, 2010, Annual Fire Fighters Awards Banquet
Mayor Willson reported on his attendance at the following events:
• March 27, 2010, 60 anniversary, Royal Laotian Army Recognition
• April 6, 2010, All Commission meeting
• April 7, 2010, toured the Luther site and found the improvements made were impressive
• April 9, 2010 Fire Department Awards Banquet
• April 10, 2010, Fire Department Breakfast Fund Raiser
ADJOURN TO EXECUTIVE SESSION
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Councilmember Lasman moved and Councilmember Yelich seconded to adjourn at 8:35 p.m. to
closed Executive Session under the attorney- client privilege, Minnesota Statutes 13D.05,
subdivision 3(b), to discuss pending litigation.
Motion passed unanimously.
RECONVENE
Mayor Willson reconvened the meeting at 9:09 p.m. following a closed Executive Session.
SETTLEMENT AGREEMENT AND RELEASE BETWEEN CITY OF BROOKLYN
CENTER AND FARNAZ TOUSSI, 5800 LOGAN AVENUE NORTH
Mr. Clelland summarized the Council's discussion during the Executive Session regarding a
Settlement Agreement and Release with Farnaz Toussi, one of the owners of 5800 Logan
Avenue North. Mr. Clelland advised that the action before the Council to approve the Settlement
Agreement and Release would terminate the civil litigation without the City paying any costs, no
concession on the City's part, or relaxation of enforcement of the City's ordinance.
Councilmember Yelich moved and Councilmember Lasman seconded to approve the Settlement
Agreement and Release as outlined by Prosecuting Attorney Clelland with the understanding that
the criminal litigation will be pursued with those charges being paid by the other party.
Motion passed unanimously.
12. ADJOURNMENT
Councilmember Lasman moved and Councilmember Roche seconded adjournment of the City
Council meeting at 9:14 p.m.
Motion passed unanimously.
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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 April
12, 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 April 26, 2010, Regular Session.
City Clerk Mayor
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