HomeMy WebLinkAbout2011 06-27 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
JUNE 27, 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, Director of
Community Activities, Recreation and Services Jim Glasoe, 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.
Byron Laher, Community Emergency Assistance Program (CEAP), reported on anticipated
impacts to CEAP services should the State government shut down on July 1, 2011. He advised
that their Board decided they will fund the food shelf and Meals on Wheels through reserves,
help from churches, a line of credit, and advance from United Way. Through these efforts, they
estimate these services can be funded through August.
Diane Sannes, 7006 Willow Lane, announced the start of the Farmers Market at Brooklyn
Methodist and that excess food will be donated to CEAP. She also announced the July 2, 2011,
Lakewood Cemetery event honoring veterans and availability of a three -book series on the 280
men who served in the Civil War from the Brooklyns.
Councilmember Roche moved and Councilmember Lasman seconded to close the Informal Open
Forum at 6:55 p.m.
Motion passed unanimously.
2. INVOCATION
Councilmember Ryan commented on the recent passing of State Senator Linda Scheid and her
great contribution to Brooklyn Center. He also read a statement from Governor Dayton
describing Senator Scheid's contributions. Councilmember Ryan requested a moment of silence
in memory of friend and Senator Linda Scheid as the Invocation.
06/27/11 -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 7:01 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, Police Chief Kevin
Benner, Director of Community Activities, Recreation and Services Jim Glasoe, 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 Ryan seconded to approve the Agenda and
Consent Agenda, and the following consent items were approved:
6a. APPROVAL OF MINUTES
1. June 13, 2011 — Study Session
2. June 13, 2011 — Regular Session
3. June 13, 2011 — Work Session
6b. LICENSES
GARBAGE HAULER
Allied Waste Services P.O. Box 39, Circle. Pines
Darling International 9000382 d Avenue, Blue Earth
Jate Mies 8289 Mississippi Blvd. NW, Coon Rapids
Randy's Environmental Services P.O. Box 169, Delano
T & L Sanitation Service P.O. Box 49695, Blaine
Walters Recycling & Refuse P.O. Box 67, Circle Pines
MECHANICAL
MacDonald Heating and A/C 11848305 1h Avenue N., Princeton
R & S HVAC 1615 Livingstone Road, Hudson, WI
Thermal Engineering & Contracting P.O. Box 309, Rockford
Twin Peaks Heating & A/C 1290122 I' Avenue NW, Elk River
RENTAL — CURRENT RENTAL STANDARDS
INITIAL (TYPE II — two-year license)
6319 France Avenue N. David Upton
06/27/11 -2-
5912 Washburn Avenue N. Tim Xiong
7212 Willow Lane Michael Beasley
4910 Wingard Place Thao Do
3801 Woodbine Lane Tom Prasky
RENEWAL (TYPE III —one-year license)
6830 Perry Avenue N. Ming Yao Zheng
RENEWAL (TYPE I — three-year license)
370147 1h Avenue N.
Passed w /Weather Deferral Drew Kabanuk
1302 69 Avenue N. /Carrington Dr. Apts. Myra Chazin
542872 nd Circle Joseph Ditto
6725 Bryant Avenue N. Vong Duong
5120 Drew Avenue N. Neng Zhang
3806 Eckberg Drive Precious Properties, Inc.
6243 France Avenue N. Tamiko & Lonnie Morgan
4207 Lakeside Avenue 4320 Heinz Pollinger
4214 Lakeside Avenue N. James Shoultz
6913 Quail Avenue N. Miles Mehaffrey
SIGNHANGER
Signminds, Inc. 1400 Quincy Street, Minneapolis
6e. RESOLUTION NO. 2011 -94 DECLARING A PUBLIC NUISANCE AND
ORDERING THE REMOVAL OF DISEASED TREES
6d. RESOLUTION NO. 2011 -95 APPROVING FINAL PLAT FOR
RAINBOWS GARDEN CITY SECOND ADDITION
6e. APPROVAL OF APPLICATION AND PERMIT FOR TEMPORARY ON-
SALE LIQUOR LICENSE SUBMITTED BY THE CHURCH OF ST.
ALPHONSUS, 7025 HALIFAX AVENUE NORTH, FOR AN EVENT TO
BE HELD JULY 30-31,2011
Motion passed unanimously.
7. PRESENTATIONS / PROCLAMATIONS /RECOGNITIONS/DONATIONS
7a. RESOLUTION NO. 2011 -96 EXPRESSING RECOGNITION OF THE
ACHIEVEMENT OF THE PARK CENTER HIGH SCHOOL GIRLS SOFTBALL
TEAM
Mayor Willson read in full a resolution recognizing the achievements of the Park Center High
School girls' softball team in winning the Class 2A State tournament for the second consecutive
year.
06/27/11 -3-
Councilmember Ryan moved and Councilmember Roche seconded to approve RESOLUTION
NO. 2011 -96 Expressing Recognition of the Achievement of the Park Center High School Girls
Softball Team.
Motion passed unanimously.
Mayor Willson stated it is an honor to recognize Kati Fern and Nicola Tade, two team members
who are Brooklyn Center residents. He presented the resolution to Coach Steve Ericson, Ms.
Fern, and Ms. Tade.
8. PUBLIC HEARINGS
— None.
9. PLANNING COMMISSION ITEMS
— None.
10. COUNCIL CONSIDERATION ITEMS
10a. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE
FOR 910 55 AVENUE NORTH
Assistant City Manager/Director of Building and Community Standards Vickie Schleuning
advised that 910 55 Avenue North was inspected and 11 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.
No one addressed the City Council.
Motion passed unanimously.
Councilmember Lasman moved and Councilmember Roche seconded to close the hearing.
Motion passed unanimously.
Councilmember Roche moved and Councilmember Kleven seconded to approve the issuance of
a Type IV six -month provisional rental license and mitigation plan for 910 55 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.
06/27/11 4-
10b. RESOLUTION NO. 2011 -97 CALLING FOR A PUBLIC HEARING BY THE
CITY COUNCIL ON THE PROPOSED AMENDMENT OF THE TAX
INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING
DISTRICT NO.2
Director of Business and Development Gary Eitel introduced the item, discussed the history, and
stated the purpose of the proposed resolution to schedule a public hearing to consider an
amendment of the Tax Increment Financing (TIF) Plan for TIF District No. 2. He described the
size and location of TIF District No. 2, which was created in 1985, and three components
included in the amendment.
Councilmember Roche moved and Councilmember Ryan seconded to approve RESOLUTION
NO. 2011 -97 Calling for a Public Hearing by the City Council on the proposed amendment of
the Tax Increment Financing Plan for Tax Increment Financing District No. 2.
Motion passed unanimously.
10c. PARK AND RECREATION COMMISSION RECOMMENDATION —
TOBACCO -FREE PARKS POLICY
City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of
the proposed resolution to adopt a tobacco -free park policy.
Arvid Sorenson, Park and Recreation Commission Chair, described their deliberation of the
issues relating to a tobacco -free parks policy and determination to not recommend a full ban of
tobacco use, which would impact the golf course. He stated the Commission reached agreement
that during youth activities it is important to prohibit tobacco use because it sets a bad example.
Councilmember Roche acknowledged the attendance of Tobacco Free Youth members and
residents who would like to provide input. The Council expressed no objection to hearing their
testimony.
Joslyn Koudou of 766 66 Avenue N. and Elveena Musso of 6221 Shingle Creek Parkway, Apt.
507, both tenth graders, advised their High School adopted a tobacco free policy and encouraged
the Council to do the same. They also commented on the negative impact of cigarette litter and
advocated for a policy that promotes health and creates a safe environment in the City's parks.
Ephraim Olani, 3813 51 Avenue, thanked the Park and Recreation Commission for its
recommendation and testified that many Africans living in Brooklyn Center do not have the
ability to take summer vacations so they frequently take their children to the City's parks. He
advocated for a broader tobacco -free policy to make all parks, trails, picnic areas, and green
spaces tobacco -free. He introduced his son and brother -in -law's children who had been in
attendance when the City of Brooklyn Park adopted its tobacco -free policy.
Diane Sannes, 7006 Willow Lane, stated she had spoken on this issue in 1988 and noted that the
late Senator Scheid also supported a tobacco free policy. She presented a petition of over 250
signatures in support of a tobacco -free policy. Ms. Sannes announced the upcoming Relay for
Life and provided photocopies to the Council depicting people holding alcoholic beverages when
06/27/11 -5-
the signage at the Dudley Tournament clearly indicated consumption of alcoholic beverages was
prohibited.
Brittany McFadden, Tobacco Free Compliance, reported that Osseo adopted a tobacco -free
policy for its entire park system so 137 communities in the State have now adopted such a
policy. She displayed a poster containing signatures in support of tobacco -free parks that were
collected at the Earth Day event. In response to Councilmember Roche, Ms. McFadden reported
that effective July 1, 2011, all Hennepin County owned property, including libraries, buildings,
and parking lots, will be tobacco free.
Councilmember Roche stated the City partnered with the Three Rivers Park system and he
believed it behooves the City to follow their best practices in terms of having a no smoking
policy across the board. In addition, Hennepin County will be smoke free as of July 1, 2011.
Councilmember Roche thanked the Park and Recreation Commission for fully vetting this issue
and indicated he will vote against the resolution because he believes it is time to send a clear
message of the City's intent to rebuild and revitalize the community. In addition, it would
address the negative impact of littering relating to tobacco products.
Councilmember Ryan asked whether there was an advantage to consider a policy that is
consistent with neighboring communities and Hennepin County. It was noted that Hennepin
County's policy does not include its parks. Mr. Boganey stated he was unsure if all adjacent
communities have the same policy but if so, it may potentially reduce confusion for park users
and assist with enforcement and compliance. Councilmember Ryan stated he took the thorough
deliberations of the Park and Recreation Commission into consideration and while littering is a
serious issue and a strong argument to ban tobacco in parks, he supports a voluntary policy that
could produce the greatest voluntary compliance.
Councilmember Kleven asked whether Robbinsdale, Crystal, and Maple Grove have adopted
policies. Ms. McFadden advised that Maple Grove's and Plymouth's policies cover its entire
park system, Crystal and Robinsdale have partial policies that covers some park areas, and New
Hope has not yet discussed a policy. Minneapolis' policy covers the majority of their park
system and most major events.
Councilmember Lasman stated her appreciation for the work of the Park and Recreation
Commission and support for the tobacco -free policy as recommended, noting it is a step in the
right direction to serve the needs of Brooklyn Center. She noted the policy will assure smoking
and tobacco products are not used where youth are present yet not impact events that bring a lot
of people and business to the City.
Councilmember Lasman moved and Councilmember Kleven seconded to adopt a policy of
Tobacco -Free Parks.
Mayor Willson stated it comes down to how to enforce a total tobacco ban and the resources it
would require to do so. He stated voluntary compliance is a good first step and until the State of
Minnesota, Federal government, or legal entity makes tobacco an illegal drug he is unsure how
the City can ban individuals from that right.
06/27/11 -6-
Councilmember Ryan stated that while he is not a tobacco user, believes the Council needs to
consider the community it serves and that there is some resistance by the older generation to a
complete tobacco ban based on individual liberty rights. He stated his hope that a future
Council, after seeing a high degree of voluntary compliance, can revisit the issue and gradually
move to a complete ban.
Councilmember Roche reiterated his support for a full tobacco ban, noting it would also stop
tobacco litter from entering Shingle Creek.
Mayor Willson read the City's current policy on tobacco use and the tobacco -free policy.
Councilmember Roche voted against the same. Motion passed.
11. COUNCIL REPORT
Councilmember Roche stated his enjoyment of the fireworks display on Saturday at Central Park
and thanked all who participated in community events. He reported on the Brooklyn Center
Angels, a baseball team he is coaching and encouraged residents to check City Watch or the
City's website to learn about summer programs, including baseball.
Councilmember Lasman reported on her attendance at the following:
• June 14, 2011, Happy Hollow Park neighborhood meeting that was informative
• June 18, 2011, sold tickets for the Dudley Tournament
• June 19, 2011, attended the Surly bill passage that was authored by the late Senator
Scheid and one of her legacies
• June 21, 2011 Rockin' Hollywoods dance, the kickoff to the Earle Brown Days
Celebration
• June 23, 2011, she was unable able to participate in the parade due to illness but watched
it on television
• June 25, 2011, enjoyed all day family events associated with Earle Brown Days
Councilmember Kleven reported on her attendance at the following:
• June 14, 2011, neighborhood area gathering at Happy Hollow Park and thanked the
Brookdale Covenant Church for hosting due to the bad weather
• June 16, 2011, Planning Commission meeting
• June 18, 2011, helped sell tickets at Dudley along with Councilmember Lasman
• June 19, 2011, waffle breakfast
• June 22, 2011, Earle Brown Days parade
• June 25, 2011, Earle Brown Days festival at Centennial Park. She extended a thank you
to all who worked to make the day special for everyone.
Councilmember Ryan reported on his attendance at the following:
• June 14, 2011, Happy Hollow neighborhood meeting and thanked the Brookdale
Covenant Church for providing space
• June 18, 2011, sold tickets at Centennial Park for Dudley Tournament
06/27/11 -7-
• June 21, 2011, accompanied the Park and Recreation Commission on a walking tour and
then met with the Housing Commission to identify favorable sites for community
gardens.
• June 23, 2011, Earle Brown Days parade
Councilmember Ryan stated it was great to see everyone who turned out for Earle Brown Days.
He commented on the five days of family -fun events and extended his thanks to Earle Brown
Days Chair Mike Meyer and Committee, the Lions Club, Brooklyn Center Police Department,
former Mayors Myrna Kragness and Phil Cohen, and staff member Sue LaCrosse for their great
contribution.
Mayor Willson reported on his attendance at the following:
• June 14, 2011, Happy Hollow neighborhood meeting. He thanked the Brookdale
Covenant Church for providing space during the rain and complimented City staff and
the Police Department on their contribution and flexibility in being able to move to a
different site.
• June 18, 2011, Dudley Tournament ticket sales
• June 23, 2011, Earle Brown Days Parade that included five bands with one being from St.
Peter High School, his alma mater. He thanked businesses for donations to bring bands
to the parade. Mayor Willson stated he was honored to fly in the lead plane during the
fly over. He stated the flyover included four planes from WWII that were flying in tight
formation.
• June 25, 2011, fireworks display, the best he has ever seen
Mayor Willson extended this thanks to the Earle Brown Days volunteers for their hard work on
the events and parade and to staff liaisons Sue LaCrosse and Vickie Schleuning. He emphasized
that Brooklyn Center is blessed with volunteers to serve on commissions and civic organizations
like the Lions and others that support events which the City would not have the resources to
support.
12. ADJOURNMENT
Councilmember Roche moved and Councilmember Ryan seconded adjournment of the City
Council meeting at 8:05 p.m.
Motion passed unanimously.
06/27/11 -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 June
27, 2011.
2. That said meeting as held pursuant to due call and notice thereof and was duly
g P y
held at Brooklyn enter City Hall.
Yn tY
3. That the City Council adopted said minutes at its July 11, 2011, Regular Session.
'A m, ttlt n t�2
City Clerk Mayor
06/27/11 -9-