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HomeMy WebLinkAbout2011 05-09 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 9, 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, 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, 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. Gary Piekarczyk, 5842 Upton Avenue N., advised of the number of trees taken down for the Shingle Creek Restoration Project and frustration that it has destroyed his view because he can now see Shingle Creek Parkway, Pep Boys, and large neon signs late into the night. He asked the Council to consider a 10 -foot buffer, similar to the restoration project at Tessman Park in Brooklyn Park. Mary Saugestad, 5912 Upton Avenue N., stated residents and staff came to a reasonable agreement for a buffer, but she remained concerned with the high number of trees removed. She urged more focus on the tree buffer, noting they can now see equipment cleaning the parking lot and emptying dumpsters in the middle of the night and trail pedestrians can clearly see into their windows. Ms. Saugestad expressed her appreciation to the City for working with residents to address their concerns. Roger Kloster, 7223 Lee Avenue N., commented on Brooklyn Center Birthday Party events he had attended and the foresight years ago to preserve the Earle Brown Farm buildings. He stated the Council is now considering whether to bulldoze Brookdale Mall and asked if the conditions that resulted in the Mall's failure have been adequately addressed to assure the success of Shingle Creek Crossing. 05/09/11 -1- Stephen Tekautz, 6030 Vincent Avenue N, representing Brooklyn Center American Little League, reported on their programming and expressed interest in merging their programs with the City's recreational program. Mayor Willson asked whether the Little League still benefitted from parent coaching and volunteer involvement. Mr. Tekautz answered in the affirmative and explained he would like to expand programming to include baseball, girls softball, and maybe a fall league. Councilmember Lasman moved and Councilmember Roche seconded to close the Informal Open Forum at 7:01 p.m. Motion passed unanimously. 2. INVOCATION As an Invocation, Mayor Willson requested a moment of silence and personal reflection of those who lost their lives on 9/11/01 and the ultimate justice served this past week. 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 Carol Kleven, Kay Lasman, Tim Roche, and Dan Ryan. 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, Police Chief Kevin Benner, Fire Chief Lee Gatlin, 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 Kleven seconded to approve the Agenda and Consent Agenda, as amended to add item 7b, Mayor's Proclamation, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. April 25, 2011 — Study Session 2. April 25, 2011 — Regular Session 3. April 25, 2011 — Work Session 05/09/11 -2- 6b. LICENSES TEMPORARY FIREWORKS TNT Fireworks (Cub Location) 3245 County Road 10 MECHANICAL Associated Mechanical 1257 Marschall Road, Shakopee Bonfe's Plumbing & Heating Service 505 Randolph Avenue, St. Paul Home Comfort Cooling & Heating 8111 151 Lane NW, Ramsey Louis Degidio, Inc. 21033 Heron Way, Lakeville MOTOR VEHICLE DEALERSHIP Brookdale Honda 6801 Brooklyn Boulevard Brookdale Metro Mitsubishi 7231 Brooklyn Boulevard Cars with Heart 6121 Brooklyn Boulevard Luther Brookdale Buick GMC 4301 68 Avenue N. Luther Brookdale Chevrolet 6701 Brooklyn Boulevard RENTAL — CURRENT RENTAL STANDARDS INITIAL (TYPE II — two-year license) 5930 Aldrich Avenue N. Lori Stevenson 5420 Emerson Avenue N. Christopher Raisch RENEWAL (TYPE III —one-year license) Sterling Square Apartments 6700 Humboldt Avenue N. John Roder RENEWAL (TYPE II —two-year license) 6819 Humboldt Avenue N. — A302 Raymond Charest 5924 June Avenue N. Tou Vue RENEWAL (TYPE I — three-year license) 1207 65 Avenue N. Tech Ung 5707 Emerson Avenue N. Lois Frost 6819 Humboldt Avenue N. — A303 Raymond Charest 6324 Indiana Avenue N. Househelpers, Inc. SIGNHANGER Sign Source 7660 Quattro Drive, Chanhassen 6c. RESOLUTION NO. 2011 -72 AMENDING THE CITY COUNCIL CODE OF POLICIES; ADDING POLICY FOR IN- STREET PEDESTRIAN CROSSING SIGN 05/09/11 -3- 6d. RESOLUTION NO. 2011 -73 APPROVING CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 82 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2011 6e. RESOLUTION NO. 2011 -74 AUTHORIZING THE EXECUTION OF A CONSTRUCTION AGREEMENT BETWEEN XCEL ENERGY AND THE CITY OF BROOKLYN CENTER FOR STREET LIGHTING FACILITIES Motion passed unanimously. 7. PRESENTATIONS/ PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ANNUAL REPORT Susan Blood, Executive Director of the Northwest Hennepin Human Services Council (NHHSC) presented its 2010 annual report. She noted that Brooklyn Center's contribution was $12,182 in 2010 and a total of $73,516 in emergency services, financial assistance, and community program materials was received by its residents. Ms. Blood thanked City Manager Curt Boganey for his service on their Board and Finance Committee and Brooklyn Center resident Barb Jensen for her service on the Senior Leadership Committee. Anita Perkins, NHHSC, reported on services provided by the CEAP Program including $17,740 in emergency money and 154 fuel cards. She advised their website is updated each week with pertinent information. Choua Yang, NHHSC Program Events Coordinator, explained how they track recipients who receive services and described her involvement with the City and coordination of an upcoming Centennial event. Barb Jensen, NHHSC Senior Committee, described the services provided and their goal to enhance the quality of life for the growing and diverse senior population. She advised of the vacancy that is yet to be filled by a Brooklyn Center resident. Sharon Kephart, Brooklyn Center representative on NHHSC Advisory Commission, thanked the Council for the opportunity to serve her community and indicated she has enjoyed representing the City and looking for ways to maximize benefits to address human service needs. She noted the NHHSC is an important avenue to leverage contributions of neighboring communities and it has demonstrated the ability to respond to changing needs. The Council discussed its support for the NHHSC and suggested Ms. Blood consider fostering a business relationship to raise awareness of the number of employees available in Brooklyn Center. Ms. Blood announced the upcoming round table discussion that NHHSC will host to address that issue as well as minority owned businesses. The Council thanked NHHSC's staff and its City representatives for their hard work to address resident's needs. Councilmember Kleven moved and Councilmember Ryan seconded to accept the 2010 Annual 05/09/11 -4- report of the Northwest Hennepin Human Services Council. Motion passed unanimously. 7b. MAYOR'S PROCLAMATION DESIGNATING A DAY OF SPIRITUAL REDEDICATION IN BROOKLYN CENTER Mayor Willson read in full a proclamation designating Saturday, May 7, 2011, as a day of spiritual rededication in Brooklyn Center. Councilmember Lasman moved and Councilmember Ryan seconded to approve PROCLAMATION Designating Saturday, May 7, 2011, as a day of spiritual rededication in Brooklyn Center Motion passed unanimously. 8. PUBLIC HEARINGS - None. 9. PLANNING COMMISSION ITEMS - None. 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 5715 EMERSON AVENUE NORTH Assistant City Manager /Director of Building and Community Standards Vickie Schleuning advised that 5715 Emerson Avenue N. was inspected and 16 property code violations were cited and ultimately corrected. There have been no validated police incidents /nuisance calls within the last 12 months. 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. Mayor Willson expressed his trepidation to consider approval of this rental license due to the length of time taken by the property owner to address code violations and complete the licensing process. Councilmember Ryan moved and Councilmember Lasman seconded to open the hearing. Motion passed unanimously. 05/09/11 -5- My Lam, property manager of 5715 Emerson Avenue N, stated the previous tenant had a lot of traffic and has now moved out. The new tenants have clean rental and criminal histories and both are employed. He reported on the improvements made to the rental unit to improve the quality of the property. Mayor Willson emphasized that the City holds property managers and owners responsible for rental properties, keeping the properties up to Code, and crime free. He stated it is good to hear the property owner and manager are pursuing compliance and in attendance tonight to address this application. Councilmember Roche concurred and noted that owners of rental property are responsible to be a good neighbor including lawn and planting maintenance. He asked Mr. Lam if he can assure the Council that the property will be maintained to Code standards and not lapse into noncompliance. Mr. Lam stated the property owner took the first step by not renewing the tenant's lease and improved its tenant base. They will now address anything else the City wants them to fix or improve. Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Kleven seconded to approve the issuance of a Type IV six -month provisional rental license and mitigation plan for 5715 Emerson 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 6101 XERXES AVENUE NORTH Ms. Schleuning advised that 6101 Xerxes Avenue North was inspected and nine property code violations were cited and ultimately corrected. There have been no validated police incidents /nuisance calls within the last 12 months. 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. 05/09/11 -6- Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to approve the issuance of a Type IV six -month provisional rental license and mitigation plan for 6101 Xerxes 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 6757 HUMBOLDT AVENUE NORTH Ms. Schleuning advised that 6757 Humboldt Avenue North was inspected and 16 property code violations were cited and ultimately corrected. In addition, there have been two validated police incidents /nuisance calls (loud music) within the last 12 months. 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 Roche moved and Councilmember Kleven seconded to open the hearing. Motion passed unanimously. No one addressed the City Council. Councilmember Kleven moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Lasman seconded to approve the issuance of a Type IV six -month provisional rental license and mitigation plan for 6757 Humboldt 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. 10d. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 5636 IRVING AVENUE NORTH Ms. Schleuning advised that 5636 Irving Avenue North was inspected and 13 property code violations were cited and ultimately corrected. There have been no validated police incidents /nuisance calls within the last 12 months. This property qualifies for a Type IV six- 05/09/11 -7- 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 Roche seconded . too en the hearing. g Motion passed unanimously. No one addressed the CityCouncil. Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. Councilmember Lasman asked why the property, once in compliance and licensed, would have 13 violation orders with the renewal license. Ms. Schleuning explained the property can be damaged by the tenant, resulting in Code violations, which shows the importance of securing good tenants. She reported on the emphasis of on -going maintenance so there are fewer violations and the property can be considered for a longer -term rental license. Councilmember Lasman moved and Councilmember Ryan seconded to approve the issuance of a Type IV six -month provisional rental license and mitigation plan for 5636 Irving 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. CONSIDERATION OF AGENDA ITEMS TABLED OR CONTINUED Mayor Willson addressed the two agenda items that have been tabled or continued for a year. He recommended the Ordinance Amending Chapter 4 of the Brooklyn Center Charter, Sections 4.01 and 4.02 be placed on the next Council agenda. Mr. Boganey reported that the Charter Commission reviewed the issue and the Charter Commission Chair was asked to provide a report to the Council. Mayor Willson stated he will invite the Charter Commission Chair to the next meeting. The Council discussed the second item, Resolution Establishing Fees for Community Garden Plots Regulated by the City of Brooklyn Center, and whether it could be instituted in 2011. Councilmember Kleven reported the Housing Commission is working on this matter and believes it will be possible to organize community garden plots by 2012. 05/09/11 -8- The Council discussed that approval of community gardens is contingent upon identifying an appropriate location and holding a neighborhood meeting. The option was raised that community garden plots could be "portable" and change locations from year to year. Mr. Boganey suggested scheduling the issue of community garden plots for a Council Work Session so it can be openly discussed and the Council can decide the next appropriate action related to fees. If the Housing Commission Chair is ready to make a report, it could be presented at that time. City Attorney Charlie LeFevere advised that a Work Session is a formal Council meeting and there is no reason that an item could not be removed from the table and discussed at a Work Session. However, it is the Council's practice to not take formal action at a Work Session. The majority consensus of the City Council was to schedule the community garden plot issue as a Work Session agenda item for discussion and input from the Housing Commission. 11. COUNCIL REPORT Councilmember Kleven reported on her attendance at the following: • April 17, 2011, delivered welcome bags to new residents. • April 28, 2011, Planning Commission meeting. • May 1, 2011, March for Babies with the March of Dimes. • May 3, 2011, Palmer Lake East neighborhood preconstruction meeting and community meeting relating to transit in the northwest metro. • May 7, 2011, Brooklyn Center Prayer Breakfast. Councilmember Kleven announced the first neighborhood area meeting scheduled for May 17, 2011, at 6:30 p.m. at Orchard Lane Park. She described the City branded clothing available for sale and encouraged residents to participate in the May 20, 2011, Brooklyn Center Crime Prevention Program fundraiser at Centerbrook Golf Course. Councilmember Kleven provided an update on the food drive, advising that one -forth of the goal has been reached and that $1,100 from the silent auction at the Wedding Dress Style Show would be donated towards building an amphitheater. Councilmember Ryan reported on his attendance at the following: • April 27, 2011, Brooklyn Center High School alumni planning meeting for an all class reunion the weekend of October 8, which will coincide with the homecoming event and celebrate the High School's 50 year. • May 3, 2011 East Palmer Lake preconstruction meeting for the 2011 street utility project. Councilmember Ryan announced the May 17, 2011, community meeting at Orchard Lane Park, the first of the four annual meetings in the park. He stated that pizza will be served and the meeting chaired by Police Chief Benner. Councilmember Roche reported on the Brooklyn Center elementary schools that won honors in the Post Office Literary Contest. He described the process that resulted in his volunteering as a 05/09/11 -9- coach for the Angels, a Brooklyn Center American Little League baseball team. He stated he is looking forward to a great season and thanked those who will be assisting him in that effort. Councilmember Lasman reported on her attendance at the following: • May 3, 2011, neighborhood preconstruction meeting for East Palmer Lake. • May 7, 2011, Brooklyn Center prayer breakfast that addressed diversity. • May 7, 2011, Lioness luncheon and style show fundraiser. Councilmember Lasman reported that tickets are still available for the May 20, 2011 Brooklyn Center Crime Prevention golf tournament fundraiser and encouraged residents to participate. Mayor Willson indicated he had nothing to add to the reports presented and concurred with Councilmember Lasman's comment that volunteerism makes Brooklyn Center a great community. He stated he had enjoyed coaching Little League and hoped Councilmember Roche would find it to be a rewarding experience. 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Kleven seconded adjournment of the City Y J Council meeting at 8:08 p.m. Motion passed unanimously. 05/09/11 -10- 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 9, 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 May 23, 2011, Regular Session. City Clerk Mayor 05/09/11 -11-