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Home My WebLink About2011 07-11 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 JULY 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, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, 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. Carlein Cloutier, 5731 Camden Avenue N., stated she had addressed the Council in May to ask that a shed on her property be grandfathered. However, last week she received a letter from the City advising her request does not fall under the criteria for grandfathering. Ms. Cloutier stated she would like to request a variance but does not know the process to follow. Mayor Willson asked Ms. Cloutier to contact City staff to determine the process and whether this situation qualifies for a variance consideration. City Manager Curt Boganey requested a legal opinion whether a variance for a second shed can be considered. City Attorney Charlie LeFevere advised the only variance the City cannot grant is a use variance and this request would be a structural variance. He stated he could not prejudge whether variance criteria exists in this case because there has to be unique circumstances that justify a different treatment. Mr. LeFevere explained the State law on variances has recently been eased by the Y Legislature so the standard is easier to meet but findings still have to be made that comply g p g with State law requirements. Mayor Willson noted that Brooklyn Center has not typically considered variances. Mr. LeFevere agreed, noting the City does require a finding there is something unique with the property, which is consistent with the reading of the statute by the Supreme Court. 07/11/11 -1- Mr. Boganey stated he wanted to assure that staff could accept this application. Councilmember Roche moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:52 p.m. Motion passed unanimously. 2. INVOCATION Pastor Rachel Morey, Brooklyn Mosaic Church, 7200 Brooklyn Boulevard, offered the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:03 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, Police Chief Kevin Benner, 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 Roche 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 27, 2011 — Study Session 2. June 27, 2011 — Regular Session 3. June 27, 2011 — Work Session 6b. LICENSES GARBAGE HAULER Aspen Waste Systems, Inc. 2951 Weeks Avenue SE, Minneapolis Budget Waste Systems, Inc. 3516 East Lake Street, Minneapolis Lepage & Sons, Inc. 3118 162 Lane NW, Andover Midwest Grease P.O. Box 26, Redwood Falls 07/11/11 -2- Sanimax USA, Inc. 505 Hardman Avenue, South St. Paul Waste Management — Blaine 10050 Naples Street NE, Blaine LIQUOR — ON -SALE 3.2 PERCENT MALT LIQUOR The Global Kitchen, Inc. 6000 Shingle Creek Parkway MECHANICAL Air Rite Heating & A/C 15731 Hallmark Path, Apple Valley Avid Heating & Cooling 7700 County Road 110 W., Minnetrista Marsh Heating & A/C 6248 Lakeland Ave. N., Brooklyn Park Metro Sheet Metal, Inc. 3260 Farnum Road, St. Paul River City Sheet Metal 8290 Main Street NE, Fridley RENTAL — CURRENT RENTAL STANDARDS INITIAL (TYPE I — three-year license) 5207 Xerxes Avenue N. Dean Bona (formerly Dennis Bona) INITIAL (TYPE 11- two-year license) 1325 68`" Lane N. Konrad Wagner 4201 Lakeside Avenue #302 Xavier Haro 4708 Lakeview Avenue Gary Scherber 7217 Unity Avenue N. Ghulam Pyarali 4213 Woodbine Lane Donald StefanskeBetty Engelby RENEWAL (TYPE 11— two-year license) 3700 55`" Avenue N. Ronald Sonnek 6839 Colfax Avenue N. Danny & Stacey Angell 5600 Judy Lane Nita Morlock RENEWAL (TYPE I — three-year license) 5301 Dupont Avenue N. Ung Properties LLP 5517 Knox Avenue N. Roger Harris 4207 Lakeside Avenue #322 Paul Swedberg 6342 Orchard Avenue N. Art Zink 6637 Xerxes Place N. Douglas Finch SIGNHANGER Franz Reprographics 2781 Freeway Blvd., Brooklyn Center JC Signs & Graphics 20 Second Avenue W., Foley 6c. RESOLUTION NO. 2011 -98 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 2011 -10 CONTRACT 2011 -G, WEST PALMER PARK BUILDING REPLACEMENT Motion passed unanimously. 07/11/11 -3- 7. PRESENTATIONS / PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2011-99 EXPRESSING RECOGNITION OF EARLE BROWN DAYS COMMITTEE Mayor Willson read in full a resolution recognizing and thanking the Earle Brown Days Committee for its work related to the "Centennial Edition" of the annual civic celebration. It was noted that this year's expanded schedule included activities commemorating the City's Centennial including the "Party of the Century." Mayor Willson recognized Earle Brown Days Committee Members Cathy Ballot, Phil Cohen, Myrna Kragness Kauth, Sue LaCrosse, Mike Meyer, Joy Reinhart, Councilmember Dan Ryan, and Karen Youngberg. Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2011 -99 Expressing Recognition of and Appreciation for the Dedicated Public Service of the Earle Brown Days Committee. Motion passed unanimously. Councilmember Ryan stated his appreciation to staff for preparing this resolution, acknowledged the attendance of Committee members, and generosity of the Lions Club and Rotary for their contributions. Mayor Willson presented Committee Members with copies of the resolution and stated Brooklyn Center is blessed to have quality volunteers who make the City a success. 8. PUBLIC HEARINGS - None. 9. PLANNING COMMISSION ITEMS - None. 10. COUNCIL CONSIDERATION ITEMS 10a. MAYORAL APPOINTMENT OF MEMBER TO SERVE ON FINANCIAL' COMMISSION Mayor Willson recommended the appointment of Dean Van Der Werf to the Financial Commission and invited him to come forward. Mr. Van Der Werf introduced himself as a 43 year resident, recently retired, with 45 years of small business accounting. He stated he would like to give back to the City of Brooklyn Center. Mayor Willson noted that Mr. Van Der Werf was a CFO and will bring a refreshing perspective to the Financial Commission. 07/11/11 -4- Councilmember Lasman moved and Councilmember Ryan seconded to ratify the Mayoral appointment of Dean Van Der Werf, 6736 Regent Avenue North, to the Financial Commission with a term to expire on December 31, 2012. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Roche wished all a belated 4 of July and urged them to notice neighbors who may be affected by the hot weather. He commented on the need for youth to abide by the curfew and urged all to become involved in Brooklyn Center. Councilmember Lasman reported on her attendance at the following: • June 28, 2011, the late Senator Scheid's memorial service. Councilmember Lasman announced the July 13, 2011, neighborhood meeting at Riverdale Park and groundbreaking for the much anticipated CEAP Center on Noble and Brooklyn Boulevard, She noted that Luther has begun its redevelopment project beginning with the demolition phase. Councilmember Lasman stated a lot of great things are happening in Brooklyn Center and she is proud of our community. Councilmember Kleven reported on her attendance at the following: • July 5, 2011, Lego's We Do Challenge competition with fifth graders. • July 8, 2011, Brooklyn Center Relay for Life event and thanked the committee for its hard work, dinner by Famous Dave's, and the silent auction. Councilmember Kleven stated she hopes residents visit a farmer's market and congratulated resident Darryl Sannes who has been appointed by Governor Dayton to the State's Civil War Commemorative Task Force. Councilmember Kleven stated it is good news that at the end of May, revenues were up, expenditures were down, and the General Fund was about $84,000 higher than one year ago. Councilmember Ryan reported on his attendance at the following: • June 28, 2011, toured several model single - family homes for sale that have been renovated through the City's rehab program and federal grant. He commended Mr. Boganey for implementing this program and complimented staff on the success of the program. • June 28, 2011, memorial for the late State Senator Linda Scheid. • July 8, 2011, participated in the American Cancer Society's 2011 Relay for Life that raised an estimated $50,000 for cancer research. Councilmember Ryan acknowledged the generous contributions of businesses and individuals to the Earle Brown Days Celebration. Mayor Willson reported on his attendance at the following: 07/11/11 -5- • June 28, 2011, Celebration of Life for the late Senator Linda Scheid. He stated he was pleased that Police Chief Benner, Fire Chief Gatlin, and staff members were in attendance to honor her life. • June 28, 2011, dangerous dog hearing. • July 5, 2011, Brooklyn Center Fire Relief Association meeting. • July 8, 2011, Brooklyn Center Relay for Life event. Mayor Willson announced two upcoming events on July 13, 2011: the CEAP groundbreaking, a welcomed redevelopment project that is exciting to see; and, a neighborhood meeting at Riverdale Park hosted by the Police Department 12. RECESS TO CLOSED EXECUTIVE SESSION Mr. LeFevere clarified that the Council may recess to Executive Session under the attorney - client privilege, per Minnesota Statute 13D.05, subd. 3(b), to discuss pending litigation re: Gerald Andresen v. Brooklyn Center Police Department et al. Councilmember Lasman moved and Councilmember Ryan seconded to recess the City Council meeting at 7:21 p.m. to hold an Executive Session. Motion passed unanimously. 13. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 7:47 p.m. Motion passed unanimously. 07/11/11 -6- 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 July 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 July 25, 2011, Regular Session. �bA City Olerk Mayor 07/11/11 -7-