HomeMy WebLinkAbout2011 11-14 CCM Regular SessionMINUTES 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
NOVEMBER 14, 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, 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, Planning and Zoning Specialist Tim Benetti, City
Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc.
Councilmember Lasman moved and Councilmember Ryan seconded to open the Informal Open
Forum at 6:45 p.m.
Motion passed unanimously.
Jim Soderberg, 6401 Camden Avenue N., stated he is in negotiations to purchase Brookhaven
Apartments and asked the City Council to reconsider its one -year revocation action of the rental
license so he is able to obtain a new rental license by February 12, 2012. He reviewed his plans
to renovate this small apartment complex with upgraded finishes.
Mayor Willson stated Mr. Soderberg has done a very great service to the City with the properties
he has renovated. He indicated Mr. Soderberg could work with staff but must abide by the
City's rules and regulations.
City Manager Curt Boganey clarified Mr. Soderberg is asking the City Council to consider an
amendment to the existing ordinance which does not allow the consideration of a rental license
application on property that has been revoked until after the full revocation period has expired.
This request is being made so a new property owner is able to make application for a rental
license prior to expiration of the 12 -month revocation period.
City Attorney Charlie LeFevere noted this may involve amendment to the resolution of
revocation adopted when this rental license was revoked.
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Mayor Willson indicated the Council will take this request under consideration.
Councilmember Lasman moved and Councilmember Kleven seconded to close the Informal
Open Forum at 6:56 p.m.
Motion passed unanimously.
2. INVOCATION
As the Invocation, Mayor Willson requested a moment of silence and personal reflection for
those who are less fortunate.
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, 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, Planning and Zoning Specialist Tim Benetti, 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, as amended to remove Item 4c, Resolution Authorizing Proposed Use of Auto
Theft Prevention Grant, for consideration as 10d, and the following consent items were
approved:
6a. APPROVAL OF MINUTES
1. October 17, 2011
2. October 24, 2011
3. October 24, 2011
4. October 26, 2011
6b. LICENSES
- Joint Work Session with Financial Commission
— Study Session/Work Session
— Regular Session
- Special Meeting /City Manager Performance Review
MECHANICAL
Anderson Air, Inc. 503 Valley High Road, Burnsville
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St. Paul Plumbing and Heating Co.
United Heating A/C, Inc.
RENTAL
INITIAL (TYPE II - two-year license)
3349 49th Avenue N.
2100 55th Avenue N.
4006 61St Avenue N.
3900 62nd Avenue N.
5201 Drew Avenue N.
6924 Drew Avenue N.
6800 Fremont Place N.
6337 Indiana Avenue N.
4201 Lakeside Avenue #201
4207 Lakeside Avenue #335
7212 Lee Avenue N.
6936 Unity Avenue N.
7209 Unity Avenue N.
4906 Zenith Avenue N.
RENEWAL (TYPE III — one-year license)
5843 Fremont Avenue N.
3300 67th Avenue N.
5926 Colfax Avenue N.
7235 Fremont Avenue N.
RENEWAL (TYPE II — two -year license)
3000 62nd Avenue N.
5350 71st Circle
1513 Humboldt Place N.
7000 Morgan Avenue N.
3216 Poe Road
RENEWAL (TYPE I — three year license)
5308 Emerson Avenue N.
4220 Lakeside Avenue
5609 Bryant Avenue N.
6337 Bryant avenue N.
5801 Knox Avenue N.
6007 Pearson Drive
SECONDHAND GOODS DEALER
GameStop #535
640 Grand Avenue, St. Paul
1295 Hackamore Road, Medina
Isaac Obi
Cindy Scherbing
Chue Thaow
Levi Dickie
Ahmed Omar
Derek Belisle
Sharon McGray
Nina Vang
Justin Frederick
Vicki Nagel
Qiang Fang
Paul Johnson
Charleen Mallory
Philip Scaia
D & J Properties LLC
Sergey Kunin
Jack Froelke
Deepak Nath
Dan Soffa
Ali Sajjad
ShoeMiller Properties LLC
Thomas Dulian- Berkley Group
Matt Just
Philip & Ginger Luoma Anderson
Richard Arntson
Mai Vang
My Truong
David Trepanier
Shane Sander
6068 Shingle Creek Parkway
6c. RESOLUTION AUTHORIZING PROPOSED USE OF AUTO THEFT
PREVENTION GRANT This item was considered as Agenda Item 10d.
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6d. APPROVAL OF SITE PERFORMANCE GUARANTEE RELEASE FOR
EWING SQUARE TOWNHOMES (6242 FRANCE AVENUE N)
6e. RESOLUTION NO. 2011 -146 REQUESTING A VARIANCE FROM
STANDARD FOR STATE AID OPERATION FOR PROJECT NO. 2011-06,
SHINGLE CREEK PARKWAY STREET IMPROVEMENTS S.A.P. 109-
109 -033
6f. RESOLUTION NO. 2011 -147 APPROVING TRANSFER OF FUNDS
FROM EARLE BROWN HERITAGE CENTER OPERATING FUND TO
EARLE BROWN HERITAGE CENTER CAPITAL FUND
Motion passed unanimously.
7. PRESENTATIONS/ PROCLAMATIONS /RECOGNITIONS/DONATIONS
- None.
8. PUBLIC HEARINGS
8a. ORDINANCE NO. 2011 -06 AMENDING CHAPTER 1 OF THE CITY CODE OF
ORDINANCES RELATING TO COMMERCIAL KENNEL LICENSES AND
POTENTIALLY DANGEROUS AND DANGEROUS DOG REGISTRATIONS
City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of
the proposed ordinance. He advised this ordinance received first reading on October 24, 2011,
and is offered tonight for second reading and public hearing.
Councilmember Lasman moved and Councilmember Ryan seconded to open the Public Hearing.
Motion passed unanimously.
No one wished to address the Council.
Councilmember Kleven moved and Councilmember Ryan seconded to close the Public Hearing.
Motion passed unanimously.
Councilmember Ryan moved and Councilmember Lasman seconded to adopt ORDINANCE
NO. 2011 -06 Amending Chapter 1 of the City Code of Ordinances Relating to Commercial
Kennel Licenses and Potentially Dangerous and Dangerous Dog Registrations.
Motion passed unanimously.
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9. PLANNING COMMISSION ITEMS
9a. PLANNING COMMISSION APPLICATION NO. 2011 -018 SUBMITTED BY
BRETT HILDRETH. REQUEST FOR PRELIMINARY PLAT /SUBDIVISION
APPROVAL OF EVERGREEN VILLAS, LOCATED AT 720 AND 800 69TH
AVENUE NORTH, TO REPLAT TWO EXISTING PARCELS INTO TWO (NEW)
PLATTED LOTS.
Mr. Boganey provided an overview of Planning Commission Application No. 2011 -018 and
advised the Planning Commission recommended approval of the application at its October 27,
2011 meeting.
Planning and Zoning Specialist Tim Benetti presented the request of Brett Hildreth for
preliminary plat /subdivision of property located at 720 and 800 69th Avenue N. He explained the
lot with the existing single - family residence would be separated, creating a smaller sized lot.
The remaining portion of that parcel and the larger parcel under 800 69th Avenue N. will be
platted into one large separate lot for future residential development. The applicant does not
have immediate plans for the larger parcel of 2.8 acres, which is currently zoned R -1. Mr.
Benetti advised that Condition 8 has been resolved.
With regard to the condition of the single - family home, Mr. Benetti indicated the applicant has
done a remarkable job of cleaning the exterior and interior and it is currently up for sale. It was
noted the new lot being created around that single - family home meets R -1 standards.
1. RESOLUTION NO. 2011 -148 REGARDING DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2011 -013, SUBMITTED
BY BRETT HILDRETH ON BEHALF OF 720 COMPANY, LLC
Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION
NO. 2011 -148 Regarding Disposition of Planning Commission Application No. 2011 -018, a
Request for Preliminary Plat Approval of Evergreen Villas, submitted by Brett Hildreth on
Behalf of 720 Company, LLC.
Motion carried unanimously.
10. COUNCIL CONSIDERATION ITEMS
10a. RESOLUTION NO. 2011 -149 SUMMARIZING THE EVALUATION OF THE
CITY MANAGER
Mayor Willson introduced the item and read the draft resolution in full.
Councilmember Kleven moved and Councilmember Ryan seconded to approve RESOLUTION
NO. 2011 -149 Summarizing the Evaluation of the City Manager.
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Mayor Willson extended the City Council's appreciation to Mr. Boganey, stating he has been a
great asset to the City, performed well, and brought a "breath of fresh air" for redevelopment.
Motion passed unanimously.
Mr. Boganey stated he finds it a privilege, appreciates the support of the Council, and thanked
staff who carry out the work.
10b. CONSIDERATION OF RENTAL LICENSE FOR 5807 DREW AVENUE NORTH
Mr. Boganey introduced the item and explained that due to extenuating circumstances, staff is
recommending approval of a Type I license.
Assistant City Manager /Director of Building and Community Standards Vickie Schleuning
explained this property would qualify for a Type I rental license based on zero property code
violations and zero validated police nuisance calls reported this past year. However, the property
owner failed to meet the condition of attendance at 50% of the Owners /Manager Association
Meetings (ARM) prior to the license expiration. She indicated this property received a Type IV
rental license on September 12, 2011, conditioned on submitting and adherence to the mitigation
plan. Ms. Schleuning referenced the meeting packet information relating to the dates the
property owner attended ARM meetings, noting one date was ten days after license expiration.
She explained why staff viewed this as an extenuating circumstance and noted this property
owner takes extreme care to maintain the property. 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. Based on this information, the property is in good
condition, and staff recommends moving forward as a Type I rental property based on the
extenuating circumstances as presented.
The City Council discussed the application, noting its goal is not to hold up owners of rental
property but to assure good quality rental space and this appears to be an owner who is
committed to keeping up their property. Under these circumstances and since the requirement
for attendance at the ARM meeting was met, a willingness was expressed to consider the
extenuating circumstances.
Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing.
Motion passed unanimously.
Drew Kabanuk, property owner, introduced his wife Terri Kabanuk and stated they have owned
this property for nine years. They always maintain their property and had a Type IV rental
license but were unfamiliar with the new inspection process and did not attend one of the
required ARM meetings during the term of the license. Mr. Kabanuk stated they own four other
apartments in Brooklyn Center and are aggressive with maintaining /repairing their properties.
The Council indicated it was refreshing to see the Kabanuk's commitment to their rental
properties and this would be taken into consideration.
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Councilmember Lasman moved and Councilmember Kleven seconded to close the hearing.
Motion passed unan imously.
Councilmember Ryan moved and Councilmember Lasman seconded to approve the issuance of a
Type I Rental License for 5807 Drew Avenue North.
Motion passed unanimously.
10c. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE
FOR 6800 DUPONT AVENUE NORTH
Ms. Schleuning advised that 6800 Dupont Avenue North was inspected and 17 property code
violations were cited and ultimately corrected. There have been zero 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,
held discussion with the property owner, 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 wished to address the Council.
Councilmember Ryan moved and Councilmember Kleven 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 6800 Dupont 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. RESOLUTION NO. 2011 -150 AUTHORIZING PROPOSED USE OF AUTO
THEFT PREVENTION GRANT
Mayor Willson stated he requested this item be pulled from the Consent Agenda to make the
public aware of this $103,604 grant, which the City has received for several years, and is used
for an auto theft prevention officer.
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Mr. Boganey agreed the City is fortunate to have received this funding for several years. He
advised this grant continues to be funded based on the substantial success of the City in reducing
auto thefts. Mr. Boganey indicated that no other Hennepin County city has had greater success
than Brooklyn Center in this regard, due in no small part to receiving this resource.
Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION
NO. 2011-150 Authorizing Proposed Use of Auto Theft Prevention Grant.
Motion passed unanimously.
11. COUNCIL REPORT
Councilmember Lasman reported on her attendance at the following:
• October 26, 2011, Closed Session for the City Manager evaluation.
• November 7, 2011, Council Budget Work Session held jointly with the Financial
Commission dealing with internal and service enterprise funds
Councilmember Kleven reported on her attendance at the following:
• October 26, 2011, once a year evaluation of the City Manager
• October 27, 2011, Planning Commission meeting
• October 28, 2011, all day meeting at the University of St. Thomas, for a coordinated
community response to domestic violence
• October 29, 2011, Art Fair at Cooper High School
• November 2, 2011, Robbinsdale Middle School cook's annual spaghetti dinner
• November 6, 2011, Brooklyn Center Lions waffle breakfast
• November 7, 2011, Joint Budget Work Session meeting
• November 10, 2011, ARM meeting with two guest speakers
• November 12, 2011, Robbinsdale Middle School play, which is the school that is attended by
children in her neighbor
Councilmember Ryan reported on his attendance at the following:
• October 26, 2011, evaluation for the City Manager.
Mayor Willson reported on his attendance at the following:
• October 26, 2011, City Manager evaluation meeting
• November 7, 2011, Joint Budget Work Session with the Financial Commission
12. ADJOURNMENT
Councilmember Ryan moved and Councilmember Kleven seconded adjournment of the City
Council meeting at 7:37 p.m.
Motion passed unanimously.
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STATE OF MINNESOTA)
COUNTY OF HENNEPIN)
CITY OF BROOKLYN CENTER)
ss. Certification of Minutes
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
November 14, 2011.
2. That said meeting was held pursuant to due call and notice thereof and was duly
held at Brooklyn Center City Hall.
. That the City Council adopted said minutes at its November 28, 2011, Regular
Session.
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City Clerk
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Mayor