HomeMy WebLinkAbout2011 03-14 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
MARCH 14, 2011
CITY HALL — COUNCIL CHAMBERS
L 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 Carol Kleven and Tim Roche. Absent and excused
were Councilmembers Kay Lasman and Dan Ryan. Also present were City Manager Curt
Boganey, 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, Fire Chief Lee Gatlin, Housing and Community Standards
Supervisor Jesse Anderson, 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 Roche moved and Councilmember Kleven seconded to close the Informal Open
Forum at 6:48 p.m.
Motion passed unanimously.
2. INVOCATION
Councilmember Lasman, in her absence, had requested a moment of silence and personal
reflection on those impacted by the recent tsunami in Japan and potential damage to its nuclear
power stations.
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.
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4. ROLL CALL
Mayor Tim Willson and Councilmembers Carol Kleven and Tim Roche. Absent and excused
were Councilmembers Kay Lasman and Dan Ryan. Also present were City Manager Curt
Boganey, 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, Fire Chief Lee Gatlin, City Attorney Charlie LeFevere, and Carla
Wirth, TimeSaver Off Site Secretarial, Inc.
5. PLEDGE OF ALLEGIANCE
Mayor Willson welcomed Boy Scout Troop #533 of Crystal, Minnesota, who led the recitation
of the Pledge of Allegiance.
6. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Roche moved and Councilmember Kleven seconded to approve the Agenda and
Consent Agenda, and the following consent items were approved:
6a. APPROVAL OF MINUTES
1. February 28, 2011 — Study Session
2. February 28, 2011 — Regular Session
3. February 28, 2011 — Work Session
6b. LICENSES
MECHANICAL
Air Mechanical 16411 Aberdeen Street NE, Ham Lake
Auto Garage Door & Fireplace 8900 109 Avenue N., Champlin
B & D Plumbing, Heating & A/C 4145 MacKenzie Court, St. Michael
Corporate Mechanical 5114 Hillsboro Avenue N., New Hope
Corval Constructors, Inc. 1633 Eustis Street, St. Paul
D J's Heating & A/C 6060 LaBeaux Avenue NE, Albertville
Do Pham, Inc. 10709 Foley Boulevard, Coon Rapids
Fireside Hearth & Horne 2700 Fairview Avenue N. Roseville
Genz Ryan Plumbing & Heating Company 2200 West Hi�hway 13, Burnsville
Gilbert Mechanical 4451 West 76 Street, Edina
Golden Valley Heating 5182 West Broadway, Crystal
Harris Companies 909 Montreal Circle, St. Paul
Heating Guy, LLC 3004 Ottawa Street, So. St. Paul
Hoffman Refrigeration & Heating 5660 Memorial Avenue N. Stillwater
Home Energy Center 2415 Annapolis Lane N., Plymouth
Metro Heating and Cooling 255 Roselawn Avenue E., St. Paul
Horwitz, Inc. 4401 Quebec Avenue N., New Hope
Kath Fuel Oil Service dba Kath HVAC 3096 Rice Street, Little Canada
Kramer Mechanical Plumbing & Heating 7860 Fawn Lake Drive NE, Stacy_
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Master Mechanical 1027 Gemini Road, Eagan
McDowall Company P.O. Box 606, Waite Park
Metropolitan Mechanical Contractors 7450 Flying Cloud Drive, Eden Prairie
Midwest Heating & A/C 26355 Tucker Road, Rogers
Minnesota Petroleum Service 6823 91h Avenue NE, Minneapolis
Pierce Refrigeration 19202 nd Avenue S., Anoka
Practical Systems 4342B Shady Oak Road, Hopkins
Precision Heating & Cooling 3650 Chestnut Street, Chaska
Riccar Heating & A/C 2387 Station Parkway NW, Andover
Ron's Mechanical 12010 Old Brick Yard Road, Shakopee
Royalton Heating & A/C 412085 1h Avenue N., Brooklyn Park
Schadegg Mechanical, Inc. 225 Bridgeport Drive, So. St. Paul
Solid Refrigeration LLC 1125 American Boulevard, Bloomington
Southside Heating & A/C 10800 Normandale Blvd., Bloomington
Southtown Refrigeration 6325 Sandburg Road, Golden Valley
Standard Heating & A/C 130 Plymouth Avenue, Minneapolis
St. Cloud Refrigeration 604 Lincoln Avenue NE, St. Cloud
Total Comfort 4000 Winnetka Avenue N., New Hope
RENTAL
INITIAL (TYPE II - two-year license)
3225 64 Avenue N. Ron Huckabee
4909 68 Avenue N. Donald Yeager
6119 Beard Avenue N. Konrad Wagner
6809 Fremont Place N. Ali Sajjad
5713 Humboldt Avenue N. Janice Biorn
INITIAL (TYPE III — one-year license)
6830 Scott Avenue N. Chou Thao
RENEWAL (TYPE I - three-year license)
Maranatha Place
5415 69 Avenue N. Center Park Senior Apartments
6109 -11 -13 Beard Avenue N. James & Bobbie Simons
3313 63 Avenue N. Yuan Xiong
Passed with Weather Deferral
6124 Emerson Avenue N. Nicholas Lewis
Passed with Weather Deferral
6401 Emerson Avenue N. Jennifer & Leif Ronken
2741 Freeway Boulevard Motel 6, 1460
5315 Fremont Avenue N. David Barnhart
6007 Girard Avenue N. Ben Dossman IV
Passed with Weather Deferral
7211 Girard Avenue N. Tommy Vang "
Passed with Weather Deferral
3318 Mumford Road Beng Thao
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5344 Twin Lakes Boulevard. E. Takasi Sibuya
3806 Urban Avenue Greg Gervils
4318 Winchester Lane Deepak Nath
RENEWAL (TYPE H—two-year license)
5548 Girard Avenue N. Berisso Bekuto
5636 Humboldt Avenue N. Gao Qiang Liu
Passed with Weather Deferral
6436 Indiana Avenue N. Harry Narine
Passed with Weather Deferral
RENEWAL (TYPE III —one-year license)
6037 Ewing Avenue N. Thor Yang
SIGNHANGER
Albrecht Sign 7775 Main Street NE, Fridley
Install This Awning & Sign 4835 Lyndale Avenue N., Minneapolis
Topline Advertising 17755 Justen Circle, Maple Grove
6c. APPROVAL OF LETTER OF SUPPORT FOR GRANT TO PURCHASE
THERMAL IMAGING CAMERA(S)
6d. APPROVAL OF SITE PERFORMANCE GUARANTEE REDUCTION
FOR 2850 NORTHWAY DRIVE (GATEWAY COMMONS
APARTMENTS)
Motion passed unanimously.
7. PRESENTATIONS /PROCLAMATIONS/RECOGNITIONS /DONATIONS
—None.
8. PUBLIC HEARINGS
8a. PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL
COSTS, DELINQUENT WEED REMOVAL COSTS, DELINQUENT NUISANCE
ABATEMENT COSTS, DELINQUENT ADMINISTRATIVE FINES/
CITATIONS, AND ADMINISTRATIVE VACANT BUILDING REGISTRATIONS
Assistant City Manager /Director of Building and Community Standards Vickie Schleuning
explained that Public Hearings will be held tonight on five proposed assessments for diseased
tree removal costs, delinquent weed removal costs, delinquent nuisance abatement costs,
delinquent administrative fines /citations, and administrative vacant building registrations. She
advised that since the publication of the Public Hearing notice, some assessments have been paid
and removed from those pending levy lists. Ms. Schleuning advised staff has not received any
written appeals to assessments and recommend, if appeals are presented during the public
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hearing, that those assessments be removed from the certification list for additional staff research
and the remaining assessments be certified.
Councilmember Kleven moved and Councilmember Roche seconded to open the Public Hearing.
Motion passed unanimously.
Dawn Gieseke, 5607 Aldrich Avenue N., explained she inherited this 1950s house from her
father and had repainted the garage door and removed the blocks from the camper and put on
collector license plates. She is currently working with HUD to abate lead and asbestos. Ms.
Gieseke reviewed the letters she had sent to and received from staff requesting additional time to
gain compliance because the weather was too hot to paint the garage. Staff granted an extension
to September 13, 2010, and the work was completed by that date. She stated she does not have
$125 to pay the fine and would like to appeal the assessment.
City Manager Curt Boganey explained this assessment is an administrative fine and would
recover the City's cost.
Mayor Willson explained the process for residents to appeal the assessment and that mitigating
circumstances would have to be found for the Council to consider an abatement.
Douglas Wahl, 6469 Magna Drive, regarding 4806 Twin Lake Avenue, stated he grew up in
Brooklyn Center and was now investing in it with rental units. He explained he was unaware of
the City's recently adopted rental ordinances or the special assessment for $120. Mr. Wahl
stated he has been working with City staff on a work plan and his three properties were now in
compliance. He believed that proper notice was not given because it was sent to his business and
not the property management company. Mr. Wahl stated he has a letter from the management
company indicating they were not notified and intends to appeal the assessment.
Teizu Jones, 5800 Ewing Avenue N, stated she purchased this property in November 15, 2010,
and the assessment occurred prior to her ownership. She stated the settlement agency had
verified prior to closing that all assessments were current. Mayor Willson stated this assessment
should have been found during the title search and, at this point, the City has incurred the
expense. He noted Ms. Jones may have recourse with the vendor who conducted the title search.
Ms. Jones stated she would like to appeal the assessment.
Edward Doll, 1201 57 Avenue N., stated his property was being assessed for $100 for cutting
the grass. He explained that he watches his lawn to assure it is cut but a few weeds grew too tall
within a few days on the corner of the lot that were in violation. Mr. Doll stated he would like to
appeal the assessment and request it be dismissed and have staff check it.
Sylvester Seward, 5012 Lilac Drive N., stated his property was being assessed for $125 but he
did not receive any communication and was surprised to learn this fine was pending. Mr.
Seward stated he would appeal the assessment so he can clarify the record.
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Rose Mary Dominguez, 5931 Vincent Avenue N., stated a letter was placed on her door because
of some pieces of wood that were in the yard. She explained why she was selling her house and
economic difficulties she was facing. Ms. Dominguez stated she has a special needs child and
was not able to pay the assessment so she would prefer to have it taken off the purchase of her
house. She indicated she would like to appeal the assessment.
Councilmember Roche moved and Councilmember Kleven seconded to close the Public
Hearing.
Motion passed unanimously.
City Attorney Charlie LeFevere recommended the Council continue appealed special
assessments for staff research and compilation of a report. Mr. Boganey stated a report will be
provided on issues raised related to the citation, the basis of the charges, and notice provided.
This report would be considered at the March 28, 2011, Council meeting.
1. RESOLUTION NO. 2011 -42 CERTIFYING SPECIAL ASSESSMENTS
FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN
COUNTY TAX ROLLS
Councilmember Roche moved and Councilmember Kleven seconded to approve RESOLUTION
NO. 2011 -42 Certifying Special Assessments for Diseased Tree Removal Costs to the Hennepin
County Tax Rolls.
Motion passed unanimously.
2. RESOLUTION NO. 2011 -43 CERTIFYING SPECIAL ASSESSMENTS
FOR WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX
ROLLS
Councilmember Roche moved and Councilmember Kleven seconded to approve RESOLUTION
NO. 2011 -43 Certifying Special Assessments for Weed Removal Costs to the Hennepin County
Tax Rolls, and continuing the following assessments to March 28, 2011: 5800 Ewing Avenue N.
and 120157 th Avenue N.
Motion passed unanimously.
3. RESOLUTION NO. 2011 -44 CERTIFYING SPECIAL ASSESSMENTS
FOR NUISANCE ABATEMENT COSTS TO THE HENNEPIN COUNTY
TAX ROLLS
Councilmember Roche moved and Councilmember Kleven seconded to approve RESOLUTION
NO. 2011 -44 Certifying Special Assessments for Nuisance Abatement Costs to the Hennepin
County Tax Rolls, and continuing the following assessments to March 28, 2411: 5931 Vincent
Avenue N.
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Motion passed unanimously.
4. RESOLUTION NO. 2011 -45 CERTIFYING SPECIAL ASSESSMENTS
FOR ADMINISTRATIVE FINE /CITATION COSTS TO THE HENNEPIN
COUNTY TAX ROLLS
Councilmember Roche moved and Councilmember Kleven seconded to approve RESOLUTION
NO. 2011 -45 Certifying Special Assessments for Administrative Fines /Citation Costs to the
Hennepin County Tax Rolls, and continuing the following assessments to March 28, 2011: 5012
Lilac Drive N., 5607 Aldrich Avenue N., and 4806 Twin Lake Avenue.
Motion passed unanimously.
5. RESOLUTION NO. 2011 -46 CERTIFYING SPECIAL ASSESSMENTS
FOR ADMINISTRATIVE VACANT BUILDING REGISTRATION COSTS
TO THE HENNEPIN COUNTY TAX ROLLS
Councilmember Roche moved and Councilmember Kleven seconded to approve RESOLUTION
NO. 2011 -46 Certifying Special Assessments for Administrative Vacant Building Registration
Costs to the Hennepin County Tax Rolls.
Motion passed unanimously.
8b. ORDINANCE NO. 2011 -01 AMENDING AND REPEALING CERTAIN
SECTIONS OF CHAPTER 23 RELATING TO TATTOO AND BODY PIERCING
ESTABLISHMENTS
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
ordinance to shift the administration of licensing and inspection of tattoo and body piercing
establishments to the State. He noted this matter is scheduled tonight for Public Hearing and
adoption.
Councilmember Kleven moved and Councilmember Roche seconded to open the Public Hearing.
Motion passed unanimously.
No one wished to address the Council.
Councilmember Kleven moved and Councilmember Roche seconded to close the Public
Hearing.
Motion passed unanimously.
Councilmember Kleven moved and Councilmember Roche seconded to adopt ORDINANCE
NO. 2011 -01 Amending and Repealing Certain Sections of Chapter 23 Relating to Tattoo and
Body Piercing Establishments.
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Motion passed unanimously.
9. PLANNING COMMISSION ITEMS
9a. PLANNING COMMISSION APPLICATION NO. 2011 -002 SUBMITTED BY
MARK KEMPER, PLS. REQUEST FOR PRELIMINARY PLAT /SUBDIVISION
APPROVAL OF STORLA ADDITION, A LOT DIVISION TO CREATE A NEW
RESIDENTIAL LOT AT 6536 WILLOW LANE
Director of Business and Development Gary Eitel provided an overview of Planning
Commission Application No. 2011 -002 to subdivide the property into two lots. He advised the
Planning Commission recommended approval of the application, subject to four conditions, at its
February 17, 2011, meeting.
1. RESOLUTION NO. 2011 -47 REGARDING THE DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2011 -002, A REQUEST
FOR PRELIMINARY PLAT /SUBDIVISION APPROVAL OF 6536
WILLOW LANE
Councilmember Roche moved and Councilmember Kleven seconded to approve RESOLUTION
NO. 2011 -47, Regarding the Disposition of Planning Commission Application No. 2001 -002 a
Request for Preliminary Plat/Subdivision Approval at 6536 Willow Lane.
Motion passed unanimously.
9b. PLANNING COMMISSION APPLICATION NO. 2011 -003 SUBMITTED BY
LOREN VAN DER SLIK, REQUEST FOR PLANNED UNIT DEVELOPMENT
AMENDMENT TO THE BROOKDALE C- 2/PUD, THE REDEVELOPMENT OF
THIS REGIONAL SHOPPING MALL TO A 65 ACRE TOWN CENTER
COMMERCIAL DEVELOPMENT TO BE KNOWN AS SHINGLE CREEK
CROSSING
Mr. Eitel provided an overview of Planning Commission Application No. 2011 -003, a Planned
Unit Development (PUD) amendment to redevelop the Brookdale Shopping Mall to a 65 -acre
town center commercial development to be known as Shingle Creek Crossing. He described the
Brookdale PUD modification to development standards and proposed Shingle Creek Crossing's
changes to the Brookdale PUD. Slides were displayed of the subject site and locations of
proposed retail development, restaurants, and Super Walmart, the anchor tenant.
Mr. Eitel presented the phasing plan, noting that Phase II will be market driven and during that
time the site will be maintained. He presented plans for the storm sewer, sanitary sewer,
lighting, and landscaping that included pedestrian friendly pathway and sidewalks. Mr. Eitel
displayed the Shingle Creek daylighting plan and described the proposed pond water feature. It
was noted that Hennepin County is currently studying the possibility of full daylighting and that
report will be considered by the Council in April. Slides were also displayed depicting the
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appearance of exterior elevations and architectural treatment. Mr. Eitel advised the Planning
Commission recommended approval of the applications at its March 10, 2011, meeting, subject
to seven conditions.
Councilmember Roche moved and Councilmember Kleven seconded to accept the Planning
Commission's findings and recommendations on approving the PUD Amendment for Shingle
Creek Crossing and authorize the City Attorney to prepare the appropriate resolution and PUD
development agreement for Planning Commission Application No. 2011 -03 submitted by Loren
Van Der Slik for PUD Amendment approval to the Brookdale C -2 /PUD.
Mayor Willson commended staff for its work to bring forward this redevelopment, which meets
Council's goals to aggressively pursue redevelopment.
Motion passed unanimously.
10. COUNCIL CONSIDERATION ITEMS
10a. ORDINANCE AMENDING AND REPEALING CERTAIN SECTIONS OF
CHAPTERS 1 AND 19 RELATING TO PRIVATE KENNEL LICENSES
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
ordinance, which was a housekeeping amendment and removes reference to private kennel
licenses from the City Code since such private kennels no longer exist.
Councilmember Kleven moved and Councilmember Roche seconded to approve first reading of
Ordinance Amending and Repealing Certain Sections of Chapters 1 and 19 Relating to Private
Kennel Licenses, and set second reading and Public Hearing for April 11, 2011.
Motion passed unanimously.
11. COUNCIL REPORT
Councilmember Roche reported on his attendance at the March 5, 2011, Council Retreat where
strategic outcomes, measurable successes, and a vision was established.
Councilmember Kleven reported on her attendance at the following:
• March 1, 2011, Crime Prevention meeting
• March 5, 2011, Council Retreat
• March 8, 2011, Community Forum on recycling in Crystal
• March 10, 2011, Association for Responsible Management meeting
• March 10, 2011, Planning Commission meeting
Councilmember Kleven reported on updating of Panera Restaurant and its Rewards Program.
Mayor Willson reported on his attendance at the following;
• March 4, 2011, funeral for Brooklyn Park Mayor Lampi
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• March 5, 2011, Council Retreat
• March 7, 2011, Featured speaker at the School of Urban Ministry Program, Brooklyn
Center Lutheran Church of the Master
• March 8, 2011, Dangerous Dog Hearing
• March 9, 2011, North Metro Mayors meeting and Legislative reception
12. ADJOURNMENT'
Councilmember Roche moved and Councilmember Kleven seconded adjournment of the City
Council meeting at 7:58 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
March 14, 2011.
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 March 28, 2011, Regular
Session.
City Clerk Mayor
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