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Home My WebLink About2010 08-23 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 AUGUST 23, 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 Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Ruth Johnson, 6520 Bryant Avenue N., addressed the Council regarding her observations and concern about the activities at Firehouse Park, primarily with regard to the basketball court and parties at the picnic shelter. She listed the disturbing events that had occurred since the basketball hoop was reinstalled in June. Ms. Johnson requested that additional Police patrols be scheduled during events and that the basketball court be moved to a location farther from residential properties. City Manager Curt Boganey advised that each week the Police Department, Parks Department, and Public Works Department receive a list of scheduled park and park shelter activities. Karen Pelak, 5321 Queen Avenue N., addressed the Council regarding the rental housing program. Mayor Willson noted Ms. Pelak is the applicant for Agenda Item l Ob and asked her to make comment during that hearing. No one else wished to address the City Council. Councilmember Ryan moved and Councilmember Lasman seconded to close the Informal Open Forum at 6:55 p.m. Motion passed unanimously. 08/23/10 -1- 2. INVOCATION Councilmember Yelich 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, 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 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 Regular Session minutes of August 9, 2010, and the Joint Work Session minutes of August 16, 2010, following consent items were approved: 6a. APPROVAL OF MINUTES 1. August 4, 2010 — Joint Work Session with Financial Commission 2. August 9, 2010 - Study Session 3. August 9, 2010 — Regular Session 4. August 9, 2010 — Work Session 5. August 13, 2010 — Special Session 6. August 16, 2010 — Joint Work Session with Financial Commission 6b. LICENSES AMUSEMENT DEVICES Mendota Valley Amusement, Inc. 7441 Dallas Court, Maple Grove MECHANICAL Kraemer Heating, Inc. 7441 Dallas Court, Maple Grove Michael's HHH, Inc. 2779 161 Avenue NW, Andover Minnesota Petroleum Service 6823 9th Avenue NE, Minneapolis Perfection Heating & Air 1770 Gervais Avenue, Maplewood 08/23/10 -2- Sabre Plumbing Heating & A/C 3062 Ranchview Lane, Plymouth St. Paul Plumbing & Heating 640 Grant Avenue, St. Paul RENTAL — RENTAL STANDARDS PRIOR TO MARCH 6, 2010 INITIAL 6130 -6242 France Avenue N. Christoper Cooper Ewing Square RENEWAL 3407 65 Avenue N. Garden City Court 7169 Unity Avenue N. Angelique Brown RENTAL — CURRENT RENTAL STANDARDS INITIAL (TYPE III —one-year license) 6913 Quail Avenue N. Miles Mehaffey INITIAL (TYPE II —two-year license) 5354 70 Circle Deepak Nath 3800 Burquest Lane Michael Perron 6742 France Avenue N. Donald Renelt 5813 June Avenue N. Lena Lim RENEWAL (TYPE II — two-year license) 700 -890 66 Avenue N. Wiensch Construction Georgetown Park Townhomes 5820 Logan Avenue N. Farnaz Toussi RENEWAL (TYPE I — three-year license) 5500 Bryant Avenue N. Brad Notenberg 5519 -23 Lyndale Avenue N. Dragon Property Management 5300 France Avenue N. Mounira Adam 6807 Humboldt Avenue N. C204 William & Elsa Lind 6819 Humboldt Avenue N. A201 William & Elsa Lind 5619 Knox Avenue N. Macaulay Iginiamre 6443 Marlin Drive Trevor Tjelmeland 6343 Orchard Avenue N. Thomas & Dawn Mould TAXICAB Yohannes Bedecha 11455 01h Avenue NE, Columbia Heights (pending receipt of insurance certificate) 6c. APPLICATIONS AND PERMITS FOR TEMPORARY ON -SALE LIQUOR LICENSES SUBMITTED BY CITY OF LAKES NORDIC SKI FOUNDATION FOR EVENTS TO BE HELD AT SURLY BREWING COMPANY, 4811 DUSHARME DRIVE, BROOKLYN CENTER, ON SEPTEMBER 28, 2010, AND OCTOBER 23, 2010 08/23/10 -3- 6d. RESOLUTION NO. 2010 -119 ESTABLISHING IMPROVEMENT PROJECT NOS. 2011 -01, 02, 03, AND 04, EAST PALMER LAKE NEIGHBORHOOD STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS 6e. RESOLUTION NO. 2010 -120 ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT FOR CALENDAR YEARS 2011 THROUGH 2020 6f. RESOLUTION NO. 2010 -121 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 6g. RESOLUTION NO. 2010 -122 CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS Motion passed unanimously. 7. PRESENTATIONS/ PROCLAMATIONS /RECOGNITIONS/DONATIONS - None. 8. PUBLIC HEARINGS 8a. ORDINANCE NO. 2010 -11 VACATING CERTAIN DRAINAGE AND UTILITY EASEMENTS WITHIN LOT 61 AND LOT 62, AUDITORS SUBDIVISION NUMBER 218, HENNEPIN COUNTY, MINNESOTA City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance. It was noted this item was first read on July 26, 2010; published in the official newspaper on August 5, 2010; and is offered this evening for second reading and public hearing. He explained the recommended action will make this EDA -owned property available for future disposition. Councilmember Roche moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. 08/23/10 -4- Councilmember Lasman moved and Councilmember Yelich seconded to adopt ORDINANCE NO. 2010 -11 Vacating Certain Drainage and Utility Easements Within Lot 61 and Lot 62, Auditors Subdivision Number 218, Hennepin County, Minnesota. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS - None. 10. COUNCIL CONSIDERATION ITEMS 10a. MAYORAL APPOINTMENT TO FINANCIAL COMMISSION Mayor Willson stated his endorsement for the appointment of Teneshia Plunkett, 5906 Vincent Avenue North, to the Financial Commission. Teneshia Plunkett, 5906 Vincent Avenue N., addressed the Council and introduced herself and stated her interest in serving on the Financial Commission. Councilmember Lasman moved and Councilmember Yelich seconded to ratify the Mayor's appointment of Teneshia Plunkett, 5906 Vincent Avenue North, to the Financial Commission. Motion passed unanimously. 10b. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 5347 -5349 PENN AVENUE NORTH Assistant City Manager /Director of Building and Community Standards Vickie Schleuning introduced the item to consider approval of the issuance of a Type IV 6 -month provisional rental license and mitigation plan for 5347 -5349 Penn Avenue North, and discussed the history of the license process actions for this property. She recommended approval based on the mitigation plan and advised staff has met with the property owner to review Code enforcement and police call items and feel they have been properly addressed in the mitigation plan. Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. Karen Pelak, 5321 Queen Avenue N., described her 20 -year experience in owning rental properties and the pride she takes in the appearance of those properties. She advised of the problems being caused by one of her tenants, actions she has taken to respond to those problems, and requested the Council's assistance in dealing with tenant eviction. Mayor Willson explained the Council has worked hard on this rental licensing program that puts not only tenants on notice but also alerts rental owners about what is going on with their 08/23/10 -5- property. He acknowledged Ms. Pelak's request that the City "do something" with problem tenants and explained the City is taking action to assure rental owners are educated and know their rights. Ms. Pelak stated one of her tenants has damaged the interior of the unit and reviewed the costs she has spent making repairs, taking them to court for nonpayment of rent, and eviction. She indicated that she has received no calls from the Brooklyn Center Police Department regarding responses to her rental property. Councilmember Ryan suggested she consider requiring the tenants to sign a Code of Conduct with the lease that w which if violated would provide a specifies what is acceptable under the La p p � P the owner with additional leverage. Ms. Pelak stated she does require a Code of Conduct but the tenant does not honor it and she has had more problems with the tenant since this licensing requirement. Councilmember Roche moved and Councilmember Lasman seconded to close the hearing. Motion . asked unanimously. Y Councilmember Lasman moved and Councilmember Ryan seconded to issue a Type IV 6 -month provisional rental license and mitigation plan for 5347 Penn Avenue North. Councilmember Yelich asked staff to determine why this owner did not get notification from the Police Department on calls for service. Ms. Schleuning indicated staff will follow up with Ms. Pelak on a number of the comments made. Motion passed unanimously. 10c. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 5540 KNOX AVENUE NORTH Ms. Schleuning introduced the item to consider approval of the issuance of a Type IV 6 -month provisional rental license and mitigation plan for 5540 Knox Avenue North, and discussed the history of the license process actions for this property. Staff recommends approval based on the mitigation plan and addressing items of concern from a property maintenance standpoint. Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. No one appeared to speak. Councilmember Lasman moved and Councilmember Roche seconded to close the hearing. Motion passed unanimously. 08/23/10 -6- Councilmember Yelich moved and Councilmember Ryan seconded to issue of a Type IV 6- month provisional rental license and mitigation plan for 5540 Knox Avenue North. Motion passed unanimously. 10d. FINANCIAL COMMISSION RECOMMENDATION ON MAYOR AND CITY COUNCIL SALARIES — AN ORDINANCE AMENDING ORDINANCE NO. 2010 -01 REGARDING COUNCIL SALARIES FOR 2011 -2012 Mr. Boganey introduced the item and stated the purpose of the proposed ordinance. It was noted that under statute, the Council is not able to change its salary while serving in office but can determine future salaries. The Financial Commission has reviewed the issue, relevant factors, and recommended the salaries for the Mayor and City Council remain unchanged for 2011 and 2012. Councilmember Lasman moved and Councilmember Ryan seconded to approve first reading of An Ordinance Amending Ordinance No. 2010 -01 Regarding Council Salaries for 2011 -2012, and set second reading and Public Hearing for September 27, 2010. The Council briefly discussed that other cities offer the Mayor and Council additional compensation in the form of a per diem, which is not offered in Brooklyn Center. The Council acknowledged its support for the fiscally responsible recommendation and thanked the Financial Commission for its services to the City. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Yelich indicated he had nothing to report. Councilmember Lasman reported on her attendance at the following: • August 16, 2010, Work Session to discuss budget and impacts resulting from the downturn in economy and the State's budget shortfall. Councilmember Lasman encouraged residents to participate in the September 25, 2010, Brooklyn Center Crime Prevention Program fundraiser at Applebee's from 8 -10 a.m., noting the funds are used to assist with youth programs, crime solving indicators, and items not budgeted for the Police Department. Councilmember Roche reported on his attendance at the following: • August 16, 2010, Work Session with the Financial Commission. Councilmember Roche congratulated Teneshia Plunkett on appointment to the Financial Commission and thanked her for volunteering to serve the City. 08/23/10 -7- Councilmember Roche announced the following upcoming events: • August 31, 2010, ground breaking ceremony for the FBI headquarters and thanked staff for its hard work to accomplish this project. • Availability of a Centennial Celebration historical album by Leone Howe who was recently inducted into the Brooklyn Historical Society Hall of Fame. • September 4, 2010, event at Embassy Suites when Former Hennepin County Sheriff Don Omodt will highlight the history and important contributions of the Sheriff's Department. Councilmember Roche encouraged residents to take advantage of the fresh produce available at the Farmers' Markets in the city. Councilmember Ryan reported on his attendance at the following: • August 16, 2010, Joint Work Session with the Financial Commission. • August 18, 2010, Centennial Celebration meeting at the Community Center. Councilmember Ryan stated he appreciated Councilmember Roche's announcement of the FBI official groundbreaking for its headquarters project on August 31, 2010, noting this will be a landmark event in the city's history. He announced and encouraged attendance at the September 14, 2010, neighborhood meeting scheduled from 6 -7:30 p.m. at East Palmer Lake Park. Mayor Willson stated he had nothing further to add to the Council's report. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Roche seconded adjournment of the City Council meeting at 7:37 p.m. Motion passed unanimously. 08/23/10 -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 August 23, 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 September 13, 2010, Regular Session. City Clerk Mayor 08/239/10 -9-