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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-