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Home My WebLink About2011 09-26 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 SEPTEMBER 26, 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, and Dan Ryan. Also present were City Manager Curt Boganey, EDA /HRA Specialist Tom Bublitz, Director of Community Activities, Recreation and Services Jim Glasoe, Planning and Zoning Specialist Tim Benetti, 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. Roger Kloster, 7223 Lee Avenue N., stated his concern that the same people are recognized for Random Acts of Kindness year after year and asked the Council to review its guidelines for nomination to assure it is a meaningful recognition. Dr. Philip Nelson, 147 Shorewood Road, Shoreview, spoke on behalf of Shay Vue, 4950 Abbott Avenue N., who had appeared before the Council previously to request permission to have racing pigeons. Dr. Nelson stated his opinion that racing pigeons are easier to care for and less dangerous than a cat or dog. He described his assistance to other communities to provide a model ordinance to allow racing pigeons, noting it would include stringent requirements including registration of the loft, as well as membership and certification by the Racing Pigeon Club. He explained that Shoreview adopted an ordinance to allow his keeping of racing pigeons. However, Shoreview later rescinded that ordinance when another racing pigeon owner caused problems. Dr. Nelson asked the City Council to consider adopting an ordinance to allow racing pigeons in Brooklyn Center. City Manager Curt Boganey asked Dr. Nelson to elaborate on the problem created by the other pigeon owner in Shoreview that caused the City to abandon its ordinance. Dr. Nelson described the other pigeon owner as being belligerent and not a member of a Racing Pigeon Club. When this person moved in two large lofts without a permit, the neighbors objected and complained to the City. 09/26/1 -1- Mayor Willson asked Dr. Nelson to provide the model ordinance information to staff for review. He explained the City Council can consider whether it wants to further discuss this matter at a Work Session. Mayor Willson closed the Informal Open Forum at 7:02 p.m. 2. INVOCATION At the invitation of Councilmember Kleven, Pastor Joe Fornara, Spiritual Life Church, provided 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, and Dan Ryan. Also present were City Manager Curt Boganey, EDA/HRA Specialist Tom Bublitz, Director of Community Activities, Recreation and Services Jim Glasoe, Planning and Zoning Specialist Tim Benetti, Assistant City Manager /Director of Building and Community Standards Vickie Schleuning, 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, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. September 6, 2011 — Joint Work Session with Financial Commission 2. September 12, 2011 — Study Session 3. September 12, 2011 — Regular Session 6b. LICENSES MECHANICAL CSH Enterprises 7311 153` Avenue NE, Columbus Ductworks Heating & A/C 6108 Olson Memorial Hwy., Golden Valley Stern Heating & Cooling, Inc. 34181 180'' Avenue N., Red Wing 09/26/11 -2- RENTAL — CURRENT RENTAL STANDARDS INITIAL (TYPE III — one-year license) 7041 Willow Lane Sandra Hansen INITIAL (TYPE II — two-year license) 130868 1h Lane N. Konrad Wagner 5031 Drew Avenue N. Adrian Jimenez 6430 Dupont Avenue N. Patricia Leners 4700 Eleanor Lane Kao Thao 3012 Thurber Road Cher Yang RENEWAL (TYPE III — one-year license) 6825 -27 Noble Avenue N. Christian Vitale 270165 1h Avenue N. Trinh Vu 5214 Ewing Avenue N. My Truong RENEWAL (TYPE II — two-year license) 1519 Humboldt Place N. ShoeMiller Properties LLC RENEWAL (TYPE 1— three-year license) 4806 Twin Lake Avenue Doug Wahl 5327 Queen Avenue N. Alvin Stachowski 4013 65 Avenue N. Gao Qiang Liu 5701 James Avenue N. Roxann Robertson 5836 James Avenue N. Mai Vang SIGNHANGER Twin Cities Sign Installations 4475214 1h Avenue NW, Oak Grove 6c. RESOLUTION NO. 2011 -132 REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2011 -017, SUBMITTED BY CARLEIN COUTIER (ON BEHALF OF DEBRA NEW — 5731 CAMDEN AVENUE N) 6d. RESOLUTION NO. 2011 -133 AUTHORIZING FUNDING FOR CENTENNIAL PARK BALL FIELD IMPROVEMENT 6e. RESOLUTION NO. 2011 -134 ALLOCATING FUND FOR FIBER OPTIC CONDUIT PROJECT Motion passed unanimously. 7. PRESENTATIONS / PROCLAMATIONS /RECOGNITIONS/DONATIONS - None. 09/26/11 -3- 8. PUBLIC HEARINGS 8a. CONTINUED SPECIAL ASSESSMENTS FOR ADMINISTRATIVE FINES /CITATION COSTS. THIS ITEM WAS CONTINUED FROM SEPTEMBER 12, 2011, FOR THE FOLLOWING TWO PROPERTIES: 5655 BROOKLYN BOULEVARD AND 2318 55 AVENUE NORTH Assistant City Manager /Director of Building and Community Standards Vickie Schleuning stated there were two appeals at the September 12, 2011, Public Hearing. Per council request, staff researched the citations and prepared a report relating to each property. Ms. Schleuning explained the owner of 2318 55 Avenue N. appealed without a reason. Staff researched the appeal and found this is a rental property with a snow removal violation. She indicated the citation was issued to the property owner instead of the tenant as required by the cited ordinance section. In addition, the case was initiated as a result of multiple complaints with unique circumstances. Based on those findings and since this issue has been resolved, staff recommends this citation be removed from the special assessment levy list. Ms. Schleuning explained that the owner of 5655 Brooklyn Boulevard appealed and submitted a letter stating he could not afford the cost and had had to keep the items due to the property being in probate. Staff researched the appeal and found this property had been issued 43 violations since 2000 and is considered a chronic violator. Ms. Schleuning summarized the history of violations at this property, dates of citation, action taken, and fees imposed. Ms. Schleuning displayed slides of the subject site depicting items stored outdoors, noting they were not probate related, as well as inoperable vehicles. She indicated this property could have been additionally cited; however, the intent of the program is to gain compliance. Staff recommended assessment of $2,500. Councilmember Lasman moved and Councilmember Ryan seconded to re -open the Public Hearing. g Motion passed unanimously. Jo Roberts, 6001.7 8th Avenue N, asked why staff is recommending dismissal of the citation against 2318 55 Avenue N. Ms. Schleuning explained the citation was issued to the wrong party, which nullified the citation. Councilmember Kleven moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. 1. RESOLUTION NO. 2011 -135 CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE FINES /CITATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS 09/26/11 -4- Councilmember Lasman moved and Councilmember Ryan seconded to dismiss the citation against 2318 55 Avenue North and remove it from the assessment levy. Motion passed unanimously. Councilmember Ryan moved and Councilmember Kleven seconded to adopt RESOLUTION NO. 2011 -135 Certifying Special Assessments for Administrative Fines /Citation Costs to the Hennepin County Tax Rolls. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS - None. 10. COUNCIL CONSIDERATION ITEMS 10a. MAYORAL APPOINTMENT OF MEMBER TO SERVE ON FINANCIAL COMMISSION Councilmember Lasman moved and Councilmember Ryan seconded to ratify the Mayoral appointment of Anissa Hollingshead, 3224 62" Avenue N., to the Financial Commission with a term to expire December 31, 2013. Motion passed unanimously. 10b. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 5349 SAILOR LANE Ms. Schleuning advised that 5349 Sailor Lane was inspected and 25 property code violations were cited and ultimately corrected. There have been three 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. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on strict adherence to the mitigation plan. Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. No one appeared to speak. Councilmember Kleven moved and Councilmember Ryan seconded to close the hearing. 09/26/11 -5- 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 5349 Sailor Lane, 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 III ONE -YEAR RENTAL LICENSE FOR 5308 LILAC DRIVE NORTH Ms. Schleuning advised that the owner of 5308 Lilac Drive N. applied for a renewal rental license; however, the property owner failed to meet conditions of the Type III license, specifically attending the required number of Association of Responsible Management (ARM) meetings and completion of Phase 1I of the Crime Free Housing Program. Ms. Schleuning explained the property owner received a Type III Rental License on November 11, 2010, on condition of adherence to the City codes and Action Plan. Because the property owner did not meet the license requirements, this property only qualifies for a Type III license. Ms. Schleuning noted this property was improved from the prior inspection and would have resulted in a Type I license category if ordinance requirements had been met. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that action plan and held discussion with the property owner and recommends approval of a Type III rental license based on strict adherence to the action plan. Councilmember Lasman moved and Councilmember Kleven seconded to open the hearing. Motion passed unanimously. Paul Baird, owner of 5308 Lilac Drive N, stated he just received this citation. He described his efforts to meet the requirements of Brooklyn Center's rental program and apologized for his oversight in not attending the required ARM meetings. Mr. Baird stated he has now attended the Crime Free Housing training and received a certificate of completion. He reviewed the actions taken to bring this property into Code compliance, including suggestions by the Police Department to improve security. Mr. Baird stated he has worked hard to qualify this property for a Type I rental license and asked the Council to consider those efforts. Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. 1. RESOLUTION NO. 2011 -136 APPROVING A TYPE III RENTAL LICENSE FOR 5308 LILAC DRIVE NORTH 09/26/11 -6- Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2011 -136 Approving a Type III Rental License for 5308 Lilac Drive North. Motion passed unanimously. 10d. AN ORDINANCE RELATING TO THE REGULATION OF SIGNS; AMENDING BROOKLYN CENTER CITY CODE, SECTION 34 -110 AND 34 -140, AND ADDING NEW SECTION 34 -211 Mr. Boganey introduced the item and discussed the request from the Brooklyn Center School District to locate a mural on the interior face of the Mn/DOT sound wall adjacent to the Earle Brown Elementary School and Grandview Park. The Council determined the current ordinance, as written, did not regulate murals and directed staff prepare an amendment to incorporate needed regulations. City Attorney Charlie LeFevere presented the ordinance amendment, noting it includes a change to the definition of "sign" to make it clear that murals and other such displays are signs and subject to the ordinance. In addition, the ordinance now lists three conditions that have to be met to qualify as a "sign" and addresses maintenance for all signs in the City, including murals. The City Council indicated it is looking forward to the first mural with great anticipation. Councilmember Lasman moved and Councilmember Ryan seconded to approve first reading of An Ordinance Relating to the Regulation of Signs; Amending Brooklyn Center City Code, Section 34 -110 and 34 -140, and Adding New Section 34 -211 and set second reading and Public Hearing for October 24, 2011. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Lasman reported on her attendance at the following: • September 14, 2011, Centennial Celebration meeting • September 15, 2011, Bellvue Park neighborhood meeting • September 17, 2011, West Fire Station Open House held on Constitution Day • September 21, 2011, Crime Prevention Meeting Councilmember Lasman announced the Brooklyn Center Police Department fundraiser at Gasthof s Restaurant in Minneapolis to support Special Olympics. Councilmember Kleven reported on her attendance at the following: • September 14, 2011, helped deliver welcome bags to new residents • September 15, 2011, Bellvue Park neighborhood meeting • September 17, 2011, West Fire Station Open House • September 20, 2011, Housing Commission Meeting 09/26/11 -7- • September 22, 2011, groundbreaking for Shingle Creek Crossing where the City received a donation of $50,000 for the amphitheater Councilmember Kleven reminded residents they have until October 8, 2011, to donate winter coats for kids at Pilgrim Dry Cleaners. Councilmember Ryan reported on his attendance at the following: • September 13, 2011, League of Minnesota Cities Policy Planning Committee on Improving Local Economies • September 14, 2011, League of Minnesota Cities Policy Committee on Fiscal Management • September 15, 2011, Bellvue Park Neighborhood Meeting • September 17, 2011, Brooklyn Center Fire Department Open House at the West Fire Station • September 20, 2011, Earle Brown Days Committee Meeting • September 22, 2011, groundbreaking for Shingle Creek Crossing. He thanked Mr. Gatlin and contractors for committing $50,000 towards the Centennial Park amphitheater Councilmember Ryan announced this is Brooklyn Center High School's 50 anniversary and on October 2, 2011, a reception and program will be held hosted by the Brooklyn Center Alumni Association. Tours of the Brooklyn Center High School will be held on October 10, 2011, followed by a homecoming football game. Councilmember Ryan also announced the October 9, 2011, Lions pancake breakfast and Brooklyn Center High School rededication ceremony. Councilmember Ryan stated he is a proud Brooklyn Center High School graduate, class of 1967, and urge all former attendees and graduates to attend these events. Mayor Willson reported on his attendance at the following: • September 13, 2011, meeting with John Winkelman and ISAIAH • September 22, 2011, Shingle Creek Crossing dedication. Mayor Willson thanked Mr. Gatlin and those who have contributed to the amphitheater. He noted Mr. Gatlin and his associates have proven they have Brooklyn Center's best interests at heart and will be good citizens. Mr. Boganey announced it is not too late to donate canned goods as part of the Brooklyn Center Centennial Celebration. He then acknowledged this is the last meeting for Tom Bublitz who is retiring after several years of dedicated service. EDA/HRA Specialist Tom Bublitz thanked the residents of Brooklyn Center, the City Council, and City Manager Boganey for the opportunity to serve Brooklyn Center. He stated it has been interesting and he appreciates the opportunity. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 7:52 p.m. Motion passed unanimously. 09/26/11 -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 September 26, 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 October 10, 2011, Regular Session. City Clerk Mayor 09/26/11 -9-