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HomeMy WebLinkAbout2011 04-11 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 11, 2011 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 Carol Kleven, Kay Lasman, Tim Roche, Dan Ryan. 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, Fire Chief Lee Gatlin, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Ma Tim rn Willson opened the meeting for the purpose of Informal Open Foru m. Y P g o pmP p Bill Weisberg, 8727 Westmoreland Lane, St. Louis Park, suggested, in effort to improve the City, that banks and lenders be required to bring foreclosed properties up to code or an acceptable standard of livability prior to sale. p Yp Stephanie Statz, 7435 West Franklin Avenue, St. Louis Park, stated she purchased a duplex at 819 -821 55 Avenue N. and disputed the $500 conversion fee since it was clearly constructed as a duplex. Councilmember Lasman clarified the Council's past consideration of point of sale options as questioned by Mr. Weisberg. Mr. Boganey asked Mr. Weisberg how his suggested proposal would result in a different outcome than the City's vacant building ordinance that required the owner of record to register property if vacant for 30 days and Code compliance prior to reoccupation. Mr. Weisberg stated he is suggesting the upgrade be required by the lending institution, not a new buyer /owner. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 7:00 p.m. Motion passed unanimously. 04/11/11 -1- 2. INVOCATION Councilmember. Ryan requested a moment of silence and personal reflection for victims of domestic abuse and the families involved in the recent tragedy at Brooklyn Park Festival Foods. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:01 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Tim Roche, 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, Planning Zoning Specialist Tim Benetti City Attorney Charlie LeFevere, and Carla g g p � Y Y 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 Roche seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. March 28, 2011 — Study Session 2. March 28, 2011 — Regular Session 3. March 28, 2011 — Work Session 4. April 4, 2011 — Board of Appeal and Equalization 6b. LICENSES MECHANICAL Assured Heating A/C 13571 Balsam Lane, Dayton CenterPoint Energy 9320 Evergreen Boulevard, Coon Rapids Central Heating and Cooling 26009 Nightingale Street NW, Isanti Istel's Installation 2500 Highway 88, St. Anthony Gorham Oien Mechanical 841 Forest Avenue E, Mora Lee's Heating & Air 10500 7 Street NE, Blaine Northern Heating & Air 9431 Alpine Drive NW, Ramsey RENTAL — CURRENT RENTAL STANDARDS 04/11/11 -2- INITIAL (TYPE III — one-year license) 6813 Humboldt Avenue N - B304 Raymond Charest Passed with Weather Deferral INITIAL ('TYPE 11— two-year license) 4112 61" Avenue N. Christina Duong 2923 68 Lane N. Steven Pfeiffer 5330 Girard Avenue N. Charles Bright 6807 Humboldt Avenue N. — CIO 1 Raymond Charest Passed with Weather Deferral 6807 Humboldt Avenue N. — C204 Raymond Charest Passed with Weather Deferral 6813 Humboldt Avenue N. — B 102 Raymond Charest Passed with Weather Deferral 6813 Humboldt Avenue N. — 8203 Raymond Charest Passed with Weather Deferral 6813 Humboldt Avenue N. B204 Raymond Charest Passed with Weather Deferral 6819 Humboldt Avenue N. — A102 Raymond Charest Passed with Weather Deferral 6819 Humboldt Avenue N. — A104 Raymond Charest Passed with Weather Deferral 6819 Humboldt Avenue N. — A201 Raymond Charest Passed with Weather Deferral 6819 Humboldt Avenue N. — A204 Raymond Charest Passed with Weather Deferral 2913 Nash Road Michael & Beverly Bernier RENEWAL (TYPE III — one-year license) 6031 Colfax Avenue N. J Thomas Equities LLC 6806 Drew Avenue N. Thomas Davidson 6437 Scott Avenue N. Greg Gervlis RENEWAL (TYPE II — two-year license) 909 58 Avenue N. Clinton Blaiser Passed With Weather Deferral 6906 Newton Avenue N. Eric Syrstad Passed with Weather Deferral 6930 Newton Avenue N. Desra Widdel Passed with Weather Deferral 6400 Quail Avenue N. Pavel Sakurets Passed with Weather Deferral 6605 Xerxes Place N. Ryan Bernard RENEWAL (TYPE I — three-year license) River Glen Apartments/ 407 70 Avenue N. Gary Brummer 04/11/11 -3- 3012 -18 51 Avenue N. Steven & Debra Elhardt 4700 63` Avenue N. Lin Shuang, LLC 4307 66 Avenue N. Patrick Doring 6117 Beard Avenue N. Cynthia Grant 6915 Brooklyn Boulevard Curtis Cady 5903 Emerson Avenue N. Chai Lee 7033 Unity Avenue N. Matthew Vetter SIGNHANGER Spectrum Sign Systems, Inc. 2025 Gateway Circle, Centerville 6e. RESOLUTION NO. 2011 -53 DESIGNATING 2011 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES 6d. RESOLUTION NO. 2011 -54 ACCEPTING THE EXECUTIVE SUMMARY FROM DONALD SALVERDA AND ASSOCIATES FROM THE CITY OF BROOKLYN CENTER CITY COUNCIL AND DEPARTMENT HEADS 2011 LEADERSHIP PLANNING AND TEAM BUILDING RETREAT AND ADOPTING A MISSION STATEMENT, VALUES STATEMENT, AND GOALS PROGRAM 6e. RESOLUTI - ESTABLISHING FEES FOR COMMERCIAL ON N0.2011 55 ESTABLISH O FIRE INSPECTIONS Motion passed unanimously. 7. PRESENTATIONS/ PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2011 -56 EXPRESSING RECOGNITION AND APPRECIATION OF JAMES RICHARDS FOR HIS DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION Mayor Willson read in full a resolution expressing recognition and appreciation of James Richards for his dedicated public service on the Housing Commission Councilmember Lasman moved and Councilmember Roche seconded to approve RESOLUTION NO. 2011 -56 Expressing Recognition and Appreciation of James Richards for his Dedicated Public Service on the Housing Commission. Motion passed unanimously. 7b. RESOLUTION NO. 2011 -57 RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA FOR THE NINETEENTH CONSECUTIVE YEAR, AND PROCLAMATION DECLARING APRIL 29, 2011, AS ARBOR DAY AND MAY 2011, AS ARBOR MONTH- IN BROOKLYN CENTER 04/11/11 -4- Mr. Boganey introduced the item and recommended adoption of the resolution and proclamation. Councilmember Kleven moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2011 -57 Recognizing the Designation of Brooklyn Center as a Tree City USA for the Nineteenth Consecutive Year, and PROCLAMATION Declaring April 29, 2011, to be Arbor Day and May 2011 to be Arbor Month in Brooklyn Center. Mayor Willson advised of the Girl Scout interest to participate with tree planting and encouraged; other interested organizations to contact City Hall. Motion passed unanimously. 7c. PROCLAMATIONS DECLARING APRIL 16 -23, 2011, AS THE GREAT SHINGLE CREEK WATERSHED CLEANUP WEEK AND APRIL 22, 2011, AS EARTH DAY IN BROOKLYN CENTER Public Works Director /City Engineer Steve Lillehaug introduced the items, advised of scheduled events, and requested the Council's support by adopting the proclamation. Councilmember Lasman moved and Councilmember Roche seconded to approve PROCLAMATIONS declaring April 16 -23, 2011, to be the Great Shingle Creek Watershed Cleanup Week and April 22, 2011, to be Earth Day in Brooklyn Center and acknowledging the donations from the American Legion and Sons of American Legion. Mayor Willson read in full Proclamations Declaring April 16 -23, 2011, as the Great `Shingle Creek Watershed Cleanup Week and April 22, 2011, as Earth Day in Brooklyn Center. Motion passed unanimously. 7d. RESOLUTION NO. 2011 -58 EXPRESSING APPRECIATION FOR THE DONATION FROM XCEL ENERGY FOR A $700 GRANT TO BE USED FOR THE PURCHASE OF GPS EQUIPMENT Mayor Willson read in full a resolution expressing appreciation for the donation from Xcel Energy for a $700 Grant to be used for the purchase of GPS equipment. Councilmember Roche moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2011 -58 Expressing Appreciation for the Donation from Xcel Energy for a $700 Grant to be used for the Purchase of GPS Equipment. Motion passed unanimously. 04/11/11 -5- 8. PUBLIC HEARINGS 8a. ESTABLISHING A SPENDING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO.2 Director of Business and Development Gary Eitel introduced the item and explained that the State Legislature had adopted, in 2010, the Temporary Tax Increment Financing (TIF) Authority Act, temporary legislation to authorize cities and entities with TIF authority to use those funds to stimulate job creation. He advised of the required findings and presented the Spending Plan that identified use of TIF for the Shingle Creek Storm Water Management Improvements and a portion of the Embassy Suites Link to the Heritage Center. The use of an interfund loan from TIF District No. 2 to TIF District No. 5 has been identified as a funding source for the Brookdale redevelopment/Shingle Creek Crossing project. The Plan also allows the EDA the option to consider other projects that could be available under this criteria. Councilmember Lasman moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. No one' addressed the City Council. Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. 1. RESOLUTION NO. 2011-59 APPROVING A SPENDING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO.2 Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2011 -59 Approving a Spending Plan for Tax Increment Financing District No. 2. Motion passed unanimously. 8b. ORDINANCE NO. 2011 -02 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 ordinance amendment since previously grandfathered private kennel licenses are no longer effective. Councilmember Roche moved and Councilmember Lasman seconded ' to open the Public Hearing. Motion passed unanimously. No one addressed the City Council 04/11/11 -6- Councilmember Kleven moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to adopt ORDINANCE NO. 2011 -02, An Ordinance Amending and Repealing Certain Sections of Chapters I and 19 relating to Private Kennel Licenses. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2011-007 SUBMITTED BY JON VAN EYLL Planning & Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2011 -007 submitted by Jon Van Eyll requesting a Planned Unit Development (PUD) approval and Master Special Use Permit (Master SUP) to allow educational and religious uses in the PUD/I -1 Zoning District along with a daycare operation in conjunction with an educational use. He displayed a site plan depicting current and proposed uses and indicated staff was comfortable parking would be sufficient since religious uses would on weekends and not conflict with office uses during the week. The application also included approving a childcare center in conjunction with the learning center which would only be available for children of students attending the school. Mr. Benetti advised the Planning Commission unanimously recommended approval of the applications at its March 31, 2011, meeting subject to eight conditions as detailed in the resolution. 1. RESOLUTION NO. 2011 -60 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011 - 007 SUBMITTED BY JON VAN EYLL OF WIRTH COMPANIES AND ON BEHALF OF PALMER LAKE PLAZA The Council agreed with the recommendation of City Attorney Charlie LeFevere to revise Condition 8 by striking the words "If necessary" since the declaration will be required. Councilmember Roche moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2011 -60, Regarding the Recommended Disposition of Planning Commission Application No. 2011 -007 submitted by Jon Van Eyll of Wirth Companies and on Behalf of Palmer Lake Plaza, as amended removing the words "If necessary" from Condition 8. Motion passed unanimously. Mr. Boganey commended staff for this unique approach to create a Master CUP with established criteria that provided the property owner with necessary flexibility to self -manage this facility while protecting the interests of the City. The Council concurred. 04/11/11 -7- 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 5636 FREMONT AVENUE NORTH Assistant City Manager /Director of Building and Community Standards Vickie Schleuning advised that 5636 Fremont Avenue North was inspected and 13 property code violations were cited and ultimately corrected. This property qualifies for a Type IV six -month provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan. Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. No one addressed the City Council. Councilmember Roche moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Roche seconded to approve the issuance of a Type IV six -month provisional rental license and mitigation plan for 5636 Fremont Avenue North, with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10b. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 3815 52 AVENUE NORTH Ms. Schleuning advised that 3815 52 "d Avenue North was inspected and 12 property code violations were cited and ultimately corrected. This property qualifies for a Type IV six - month, provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan. Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. 04/11/11 -8- Philip Stevenson, 224 West 27 Street, Minneapolis, applicant, stated his intention to follow the mitigation plan as well as Police Department suggestions. Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Roche seconded to approve the issuance of a Type IV six -month provisional rental license and mitigation plan for 3815 52 Avenue North, with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10c. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 3112 QUARLES ROAD Ms. Schleuning advised that on November 9, 2010, a Type IV Rental License was approved for 3112 Quarles Road on the condition of adherence to the mitigation plan. However, the owner failed to complete Phase II of the Crime Free Housing Program or attend a minimum of 25 percent of Owners/Managers Association (ARM) meetings, as required in the mitigation plan. Ms. Schleuning presented a summary of the license process actions and recommended, because the Type IV rental license conditions have not been met, that the license be renewed as a Type IV Rental License. The Council noted this recommendation to renew the license as a Type IV is a second effort by the City to get the property owner into compliance. Ms. Schleuning stated that is correct, noting there are fewer Code violations and it is being considered tonight because the property owner did not attend four ARM meetings as required by the mitigation plan. She advised the Ordinance provisions allow the Council to review the license at any time during the license period to consider suspension, nonrenewal, or denial of the rental license. The Council stated its support to require Ordinance compliance for every rental property and agreed the applicant is making a good faith effort by working with staff on the mitigation plan. Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. Ma Lee, 3275 98 Circle North, owner of 3112 Quarles Road North, explained her husband travels a lot and the training was not attended because she was not informed. She stated she will attend this training and asked the Council to consider a Type I rental license since there was only one violation. The Council indicated it is considering a Type IV Rental License, which would be reviewed again at the end of six months. 04/11/11 -9- Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. 1. RESOLUTION NO. 2011-61 APPROVING A TYPE IV RENTAL LICENSE FOR 3112 QUARLES ROAD Councilmember Roche moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2011-61 Approving a Type IV Rental License for 3112 Quarles Road. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Roche announced that tomorrow is the 150th anniversary of the American Civil War and, in the near future, the Brooklyn Historical Society will be selling three books, Patriots of Brooklyn, about soldiers from this. area. He also announced the April 16, 2011, interactive EarthFest events that will be taking place at the Brooklyn Center High School. He encouraged participation, which would raise awareness to become part of the solution, and stated that Shop Brooklyn Center coupon book will be given to participants. Councilmember Roche announced the Brooklyn Center Police Department and Crime Prevention Award Ceremony scheduled on April 20, 2011, at the Community Center Constitution Hall at 7 p.m. Councilmember Lasman reported on her attendance at the following: • March 21, 2011, informational and suggestion gathering meeting about the Brooklyn Center High School to help them guide future plans. • March 24, 2011, final Special Events Committee, which was organized in 1998 to plan millennium events in 2000. Remaining funds will be transferred to the City of Brooklyn Center Centennial Committee for its events. • April 4, 2011, Board of Appeal and Equalization. • April 6, 2011, joint Commissions meeting that showcased work from the past year and presented projects anticipated in the coming year. She stated her appreciation for the Commissioners' great work, volunteer hours, and recommendations. • April 8, 2011, Brooklyn Center Firefighters award dinner, an awe inspiring event, and she is happy to support these heroes who assure the safety of Brooklyn Center's residents. • March 12 -16, 2011, National League of Cities Conference held in Washington, D.C. She reported on the meetings and informational workshops attended and topics covered including meeting and extending the City's greetings to First Lady Michelle Obama. Councilmember Lasman noted the Firefighters annual pancake breakfast was held on April 10, 2011. She was unable to attend but felt it was a great community builder. She announced the Sunday, April 17, 2011, vintage wedding dress show that will take place at the Brooklyn Center High School at 2 p.m. and is free to attend. Councilmember Kleven reported on her attendance at the following: 04/11/11 -10- • March 31, 2011, Planning Commission meeting. • April 2, 2011, North Suburban Remodeling Fair. • April 3, 2011, Interfaith Symposium. • April 4, 2011, Board of Appeal and Equalization. • April 6, 2011, City Council and Commission joint meeting. • April 8, 2011, Firefighters appreciation dinner. • April 10, 2011, Firefighters Relief pancake benefit. Councilmember Kleven encouraged attendance at this weekend's Great Shingle Creek Cleanup and explained she will be unable to participate because she will be at the High School preparing for EarthFest. She encouraged those who attend EarthFest to stop by her booth and make a free greeting card. Councilmember Kleven advised that the oldest dress at the April 17, 2011, vintage wedding dress show is from 1888 and there will also be a silent auction. Councilmember Ryan reported on his attendance at the following: • April 4, 2011, annual Board of Appeal and Equalization to review property valuations • April 6, 2011, joint meeting with the City Council, Charter Commission, and other Commissions to receive annual reports and consider subjects being reviewed this year • April 7, 2011, joined Cancer Society activists at the State Capitol lobbying against changes to the Freedom to Breath Act. • April 8, 2011, annual Firefighters appreciation banquet and ceremony at the Crown Plaza Hotel. He thanked all Firefighters for their volunteerism to protect the City, which saves money from having a full time Fire Department. • April 9, 2011, Rotary Club cleanup of Centennial Park and that branch of Shingle Creek. He thanked the Rotary members for their participation. • April 10, 2011, Firefighters pancake benefit Councilmember Ryan encouraged residents to enjoy April 16 EarthFest events and the Great Shingle Creek Cleanup as well as Earth day on April 22. Mayor Willson reported on his attendance at the following: • April 4, 2011, Board of Appeal and Equalization. • April 5, 2011, Firefighter Relief Association meeting. He noted that last year the City paid out $65,000 to the Relief Association given the poor economy and investments and was pleased to report that the second year actuarial is $39,000 and expected to be even lower next year. • April 6, 2011, all Commission joint meeting. • April 8, 2011, Firefighter appreciation banquet where all enjoyed music provided by Fire Chief Gatlin and City Manager Boganey. • April 10, 2011, Firefighter pancake breakfast. Mayor Willson encouraged residents to visit the City's website where a list of Centennial events are posted that will occur throughout this year. 12. ADJOURNMENT 04/11/11 -11- Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:09 p.m. Motion passed unanimously. 04/11/11 -12- 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 11, 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 April 25, 2011, Regular Session. City Clerk Mayor 04/11/11 -13-