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Home My WebLink About2010 05-24 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 MAY 24, 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 6:46 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 Business and Development Gary Eitel, Assistant City Manager /Director of Building and Community Standards Vickie Schleuning, Acting Police Chief Kevin Benner, 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 Yelich seconded to close the Informal Open Forum at 6:48 p.m. Motion passed unanimously. Councilmember Lasman moved and Councilmember Roche seconded to reopen the Informal Open Forum at 6:49 p.m. M Tim im Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Roche moved and Councilmember Lasman seconded to close the Informal Open Forum at 6:49 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Ryan requested a moment of silence and personal reflection as the Invocation. 05/24/10 -1- 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 Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Acting Police Chief Kevin Benner, City Attorney Charlie LeFevere, and Carla Wirth, 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 Yelich seconded to approve the Agenda and Consent Agenda, with amendments to the Study Session minutes of May 10, 2010, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. May 10, 2010 — Study Session 2. May 10, 2010 — Regular Session 6b. LICENSES AMUSEMENT DEVICES American Amusement Arcades 6440 James Circle N. Metro Coin of Minnesota, Inc. 6301 Shingle Creek Parkway LIQUOR — CLASS D ON -SALE INTOXICATING, SUNDAY, AND OPTIONAL 2 A.M. Robert J. Cardinal /Gemstone Nuggets, Inc. 2101 Freeway Blvd. dba Mango Tango MECHANICAL Airic's Heating LLC 16067 310 Street, New Prague Automatic Door & Fireplace 8900 109 Avenue N., Champlin Cayman's Heating & Cooling 7900 Excelsior Boulevard, Hopkins Mespo Heating & Cooling 8448 Logan Avenue, Brooklyn Park St. Marie Sheet Metal P.O. Box 32148, Fridley Total Refrigeration 949 S. Concord Street. So. St. Paul 05/24/10 -2- RENTAL — STANDARDS PRIOR TO MARCH 6, 2010 INITIAL 3400 66` Avenue N. Solomon Frank - Sawari 6031 Brooklyn Blvd. Emeka Okeakpu RENEWAL Brookdale Towers Hillaway Investments LLC RENTAL — CURRENT STANDARDS INITIAL (TYPE II — two-year license) 7085 Unity Avenue N. I -Chang Wen RENEWAL (TYPE II — two-year license) 5401 Brooklyn Blvd. Northport Properties SIGNHANGER Express Signs & Balloons 19320 Yukon Street NW, Cedar 6c. APPROVAL OF APPLICATION AND PERMIT FOR TEMPORARY ON- SALE LIQUOR LICENSE SUBMITTED BY ST. ALPHONSUS CATHOLIC CHURCH, 7025 HALIFAX AVENUE NORTH, FOR AN EVENT TO BE HELD AUGUST 7 AND 8, 2010 6d. APPROVAL OF APPLICATION AND PERMIT FOR TEMPORARY ON- SALE LIQUOR LICENSE SUBMITTED BY MIRACLE EMPOWERMENT CENTER, 5801 JOHN MARTIN DRIVE, FOR AN EVENT TO BE HELD JUNE 19, 2010 Motion passed unanimously. 7. PRESENTATIONS / PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2010 -86 EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF OFFICER ROBERT TRAXLER City Manager Curt Boganey introduced the item, recognized Officer Robert Traxler's public service, and stated the purpose of the proposed resolution. Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2010 -86 Expressing Recognition and Appreciation for the Dedicated Public Service of Officer Robert Traxler. Mayor Willson read the resolution. 05/24/10 -3- Motion passed unanimously. 8. PUBLIC HEARING 8a. ORDINANCE NO. 2010 -09 RELATING TO FIRE CODE; AMENDING A SECTION OF BROOKLYN CENTER CITY CODE, SECTION 5 -203 City Manager Curt Boganey introduced the item, informing it was first read on April 26, 2010; was published in the official newspaper on May 6, 2010; and is offered this evening for second reading and Public Hearing. Assistant City Manager /Director of Building and Community Standards Schleuning provided an overview of the proposed amendments to correct grammar, provide clarity, and conformity with the Minnesota State Building and Fire Codes. She noted the increased level of safety will protect the City's renters as well as responding fire fighters. The Council discussed the setback for outdoor fires and noted it would be difficult to find a compliant location with many of Brooklyn Center's residential lots. Ms. Schleuning advised a permit is not required for an outdoor recreational fire so enforcement would be on a complaint basis. The Council discussed the requirement for renters to notify building owners within 24 hours when a smoke detector is not functional. Ms. Schleuning stated this is a State requirement. She noted the City's Code required smoke detectors to be hardwired; however, that can no longer be required for all rental units. Mr. Boganey asked if State Statutes specifically requires the tenant notify the owner within 24 hours or if it was staff's recommendation of what is reasonable. Following a brief review, Ms. Schleuning cited the State Statute requiring occupants to notify the owner of a nonfunctioning smoke detector within 24 hours of determining it is not functioning. Councilmember Lasman moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Robert Marvin, 4711 Twin Lake Avenue, stated he professionally installs fire alarm systems in large multi -unit buildings and encouraged the City to enforce all State Codes but not enforce in excess of State Codes. Mayor Willson clarified that Council has given clear direction to staff that all Codes are followed. Councilmember Roche moved and Councilmember Lasman seconded to close the Public Hearing. Motion passed unanimously. 05/24/10 4- Councilmember Lasman moved and Councilmember Ryan seconded to adopt ORDINANCE NO. 2010 -09 Relating to Fire Code; Amending a Section of Brooklyn Center Code, Section 5- 203. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS 10a. RENTAL DWELLING LICENSE APPROVAL FOR PARTIAL OCCUPANCY AT GATEWAY COMMONS — 2900, 2904, 2908, AND 2912 NORTHWAY DRIVE Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Mayor Willson referenced the memorandum from Building Official Gary Gilpin and stated it is nice to see Gary Brummer, owner of Gateway Commons, come forward to take this action as an initiative. Councilmember Lasman moved and Councilmember Roche seconded to approve rental dwelling license for partial occupancy at Gateway Commons for building addresses at 2900, 2904, 2908, and 2912 Northway Drive. The Council discussed that it had previously taken strong action on the rental license for this property, which sent a clear message about the Council's firm and definite commitment to enforce the City's ordinances. It was noted the previous owner had been cited for 700 building code violations within several years and there had been many public safety problems. The Council recognized the new property owner for taking the initiative to greatly improve the property. Mr. Boganey advised of the Code compliances that have been met with respect to the buildings under consideration. He agreed that since the new owner has taken control and erected the fence, there has been a dramatic lowering of nuisance calls and public service issues. Mayor Willson concurred and noted several other building owners have also made improvements to their properties and this is another good example of that initiative. Motion passed unanimously. 10b. AMEND 2010 CITY COUNCIL MEETING SCHEDULE Councilmember Yelich moved and Councilmember Lasman seconded to amend the 2010 City Council meeting schedule to add joint Budget Work Sessions with Financial Commission on 05/24/10 -5- I I June 21, July 19, August 2, and August 16, and to cancel the October 4 meeting. Motion passed unanimously. 10c. AN ORDINANCE RELATING TO DANGEROUS DOG REQUIREMENTS; AMENDING CITY CODE SECTIONS 1 -250 TO 1 -300 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance to comply with State law. Councilmember Lasman moved and Councilmember Roche seconded to approve first reading of an Ordinance Relating to Dangerous Dog Requirements; Amending City Code Sections 1 -250 to 1 -300, and schedule second reading and Public Hearing for June 14, 2010. Motion passed unanimously. 10d. RESOLUTION NO. 2010 -87 APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 82 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2010 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. He recapped the settlements reached with the other unions and advised this agreement contains similar terms. Councilmember Roche moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2010-87 Approving the Contract for Law Enforcement Labor Services (LELS) Local 86 and the City of Brooklyn Center for the Calendar Year 2010. Mayor Willson recognized that every union and City employee accepted a zero percent increase in wages this year. He commended City staff for working with the Council on the budget and advised that the Council had started action to reverse an increase in its own wages to a zero increase. Mr. Boganey concurred it was worthy to note that each bargaining unit of employees involved in discussions ultimately oncluded that it was necessary and important during these times of Y �'Y p g budget restraint to accept and share the burden of the City's difficult financial situation. He g p Y commended all employees for recognizing that need and being understanding of the City's financial situation. o. It was noted that the City d also left several positions vacant in antic i p ation of receiving less t3' p P State Aid than originally budgeted, requiring additional sacrifice by employees who have had to assume a larger work burden. Councilmember Yelich noted the existing wage schedule shows a zero percent wage increase but employees can receive a merit increase. Mr. Boganey indicated merit increases did remain in the contract as well as the insurance package. 05/24/10 -6- Motion passed unanimously. 11. COUNCIL REPORT Councilmember Yelich reported on his attendance at the following: • May 18, 2010, Tour of City parks in the southeast area with the Park and Recreation Commission. • May 21, 2010, Crime Prevention Golf Tournament and fund raising benefit. Councilmember Yelich recognized and congratulated Brooklyn Center High School graduates Tyler Erickson and Tippaket Thammavong for each receiving a four -year $16,000 scholarship from the Medtronic Foundation. Councilmember Lasman reported on her attendance at the following: • May 12, 2010, Crime Prevention Program. • May 21, 2010, Crime Prevention Annual Golf Fund Raiser. She thanked all who participated, donated prizes, and sponsored holes. • May 22, 2010, Town Hall Meeting with Representatives Debra Hilstrom and Michael Nelson, and Senator Linda Scheid. Councilmember Lasman announced the following upcoming events: • Crime Prevention members will be selling hotdogs at CUB Foods on June 5 -6, 2010. • National Night Out Kickoff Party will be August 2, 2010, at Central Park and National Night Out is scheduled for August 3, 2010. Councilmember Roche reported on his attendance at the following: • May 22, 2010, Town Hall Meeting with State representatives. Councilmember Roche announced upcoming registration dates for "Show Us Your Skills" youth football camps at Park Center High School and encouraged participation. He also announced the May 26, 2010, neighborhood get together at West Palmer Lake Park and opening of the Mango Tango Restaurant. Councilmember Ryan reported on his attendance at the following: • May 18, 2010, Rotary Luncheon at Crowne Plaza and outstanding performance by the Brooklyn Center High School band. He thanked the Rotary for its generosity in purchasing most of the instruments used by the band. • May 21, 2010, Crime Prevention Golf Tournament and that he had participated by sponsoring a hole. • May 22, 2010, Town Hall Meeting with Representatives Debra Hilstrom and Michael Nelson, and Senator Linda Scheid. Councilmember Ryan announced the upcoming May 26, 2010, community meeting at West Palmer Lake Park. 05/24/10 -7- Mayor Willson reported on his attendance at the following: • May 11, 2010, meeting with City Managers, Police Chiefs, Mayors, and Recreational Directors to strategize on the future. Mayor Willson reviewed the names of 18 north suburban high schools where the Medtronic Foundation has awarded graduates with scholarships, equaling more than $1.5 million since 1999. Mayor Willson thanked the Medtronic Foundation for their generosity in supporting the City's schools and children. Mayor Willson announced the May 25, 2010, baseball game at the American Little League fields, where two teams will play the St. Paul Saints. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 7:45 p.m. Motion passed unanimously. 05/24/10 -8- 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 May 24, 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 June 14, 2010, Regular Session. City Clerk Mayor 05/24/10 -9-