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Home My WebLink About2011 11-28 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 28, 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, Dan Ryan. Also present were City Manager Curt Boganey, 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. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2. INVOCATION As the invocation, Councilmember Ryan requested a moment of silence and personal reflection on the sacrifices our troops make on our behalf to keep us safe. 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, Director of Fiscal and Support Services Dan Jordet, 11/28/11 -1- Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, 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 Ryan seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Study Session minutes of November 14, 2011, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. November 7, 2011 — Joint Work Session with Financial Commission 2. November 14, 2011 — Study Session 2. November 14, 2011 — Regular Session 6b. LICENSES CHRISTMAS TREE SALES PQT Company MECHANICAL Air Comfort Heating & A/C Airics Heating Brighton Heating and Air, LLC Exhibit Plumbing, Inc. Forced Air One MWJ Heating & Cooling Pronto Heating & A/C RENTAL INITIAL (TYPE II — two-year license) 3713 53rd Place N. 3218 63rd Avenue N. 2100 69th Avenue N. 5900 Abbott Avenue N. 6039 Girard Avenue N. 5601 Halifax Avenue N. 5225 Howe Lane 5913 June Avenue N. 5350 Logan Avenue N. 11/28/11 -2- 5040 Brooklyn Boulevard 3245 Bass Lake Road 19170 Jasper Street NW, Anoka 12651 Zenith Avenue S., Burnsville 2189 Long Lake Road, New Brighton 10340 Jackson Street NE, Blaine 6768 158th Lane NW, Ramsey 1110 Highway 55, #104, Hastings 7588 Washington Avenue S., Eden Prairie Nazir Moghul My Lam Madison Avenue Homes Michael Skrogstad Lucille Mueller Jesse Monson Gene Kohler Michael Williamson Mohammed Mehdi Manoj Moorjani RENEWAL (TYPE III — one-year license) 5739 James Avenue N. Doug Wahl RENEWAL (TYPE II — two-year license) 7250 West River Road 3019 Mumford Road Passed w /Weather Deferral RENEWAL (TYPE I — three-year license) 5239 -41 Drew Avenue N. 5909 June Avenue N. 5332 -36 Russell Avenue N. 4708 -12 Twin Lake Avenue 910 55th Avenue N. 3818 61st Avenue N. 3312 64th Avenue N. 5105 Brooklyn Boulevard 7218 Grimes Avenue N. Greg Gervlis Morris Matthews Jay and Gina Battenberg Janine Atchison Douglas Ryan Byron & Nancy Mach Julie Kazmierkoski Sherman Yih Feng Kho Xuyan Janet Lang George Lucht Shawn and Djuana Banks 6c. RESOLUTION NO. 2011 -151 ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2009 -18, CONTRACT 2009 -I, BASS LAKE ROAD STREETSCAPE AND REGIONAL TRAIL PROJECT 6d. APPROVAL OF SITE PERFORMANCE GUARANTEE RELEASE FOR 5710 XERXES AVENUE NORTH (HOLIDAY STATIONSTORES) 6e. RESOLUTION NO. 2011 -152 SETTING 2012 EMPLOYER BENEFITS CONTRIBUTION FOR FULL -TIME NON -UNION EMPLOYEES 6f. 2012 CITY COUNCIL MEETING SCHEDULE Motion passed unanimously. 7. PRESENTATIONS/ PROCLAMATIONS /RECOGNITIONS/DONATIONS - None. 8. PUBLIC HEARINGS - None. 9. PLANNING COMMISSION ITEMS 11/28/11 -3- 9a. PLANNING COMMISSION APPLICATION NO. 2011 -019 SUBMITTED BY T J WEBER PROPERTIES. REQUEST FOR PRELIMINARY PLAT APPROVAL TO REPLAT THREE CONTIGUOUS PARCELS LOCATED AT 6000 BROOKLYN BOULEVARD Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2011 -019, request by T J Weber Properties for a preliminary plat to replat three contiguous parcels located at 6000 Brooklyn Boulevard. He reviewed the history of this property, displayed a site plan of the subject site, and described the property location, and access points. Mr. Benetti advised of a comment received during the public hearing about not closing any access points to Brooklyn Boulevard at this time. He advised the Planning Commission recommended approval of the applications at its November 17, 2011, meeting subject to four conditions as detailed in the draft resolution. Mayor Willson stated when he served on the Planning Commission, curb cutouts and driveways that did not align or were in dangerously close proximity were considered when the property was replatted. Mr. Benetti stated he reviewed the file and in 2003, when the Special Use Permit was considered, the issue of Brooklyn Boulevard access was not brought up. He indicated engineering and planning staff recommended access closures but the Planning Commission did not recommend furthering those closures at this time. Mr. Benetti noted Brooklyn Boulevard is undergoing extensive study, which may provide an opportunity to close those access points. Mayor Willson stated he does not recall signage at that access point to direct the public that it is not a cut through or public crossing. He indicated if the City knows this is a potentially dangerous intersection and there is no signage to negate that situation, it behooves the Council to take the responsibility to make that determination. Mr. Boganey stated the Mayor's comments are appropriate and noted the Planning Commission makes a recommendation with the final decision by Council so it can deviate on that issue. Public Works Director /City Engineer Steve Lillehaug stated his recommendation to close the two Brooklyn Boulevard driveways revolves around the fact that Brooklyn Boulevard is a regional corridor, more for mobility than local access. He indicated that as a goal, it would be good for the County and City to minimize local access points. Pertaining to the access point on 60`" Avenue, he noted it is right in the intersection and a very unsafe access point. Mr. Lillehaug explained the two driveways on 60th Avenue would remain and be adequate for this site. Councilmember Lasman noted the southeast access area is used for stacking family cars so closing that access would not change the traffic flow. Mr. Benetti advised that according to Mr. Weber, the front area is used for temporary parking for families and service vehicles. He advised that Mr. Weber offered to provide signage and chain that driveway to preclude any vehicles from using it. Councilmember Lasman noted closing the southeast access would not impact the concern of the resident as much as closing the other two access points and may be a compromise position. 11/28/11 -4- Mayor Willson stated from a safety standpoint, the Council has to look at closing the access since it is so near to the intersection and basically uncontrolled. However, the concern is only that one access point and if the owner is willing to manage access with a chain and signage he has no problem allowing it to remain. 1. RESOLUTION REGARDING THE DISPOSITION AND APPROVAL OF PLANNING COMMISSION APPLICATION NO. 2011 -019, A REQUEST FOR PRELIMINARY PLAT APPROVAL OF EVANS NORDBY ADDITION SUBMITTED BY THOMAS J. WEBER ON BEHALF OF T J WEBER PROPERTIES, LLC The Council discussed amending the resolution to reflect the change in the access to be chained and include signage to limit access. City Attorney LeFevere recommended staff work with the applicant to draft specific language for Council consideration at the next meeting. Councilmember Lasman moved and Councilmember Kleven seconded to table consideration of Planning Commission Application No. 2011 -019 to December 12, 2011, to allow time for staff to revise the resolution. Motion passed unanimously. 9b. PLANNING COMMISSION APPLICATION NO. 2011 -020 SUBMITTED BY INDEPENDENT SCHOOL DISTRICT NO. 286. REQUEST FOR SPECIAL USE AMENDMENT AND SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A NEW 62' X 112' RECREATIONAL CENTER AND GYMNASIUM ALONG WITH A FUTURE 50' X 84' OUTDOOR HARD - SURFACED BASKETBALL COURT Mr. Boganey provided a summary of Planning Commission Application No. 2011 -020 and advised the Planning Commission recommended approval of the application at its November 17, 2011, meeting. Mr. Benetti provided an overview of the request by Independent School District No. 286 for a Special Use Amendment and Site and Building Plan approval to construct a 62 -foot by 112 -foot recreational center and gymnasium in addition to a future 50 -foot by 84 -foot outdoor hard- surfaced basketball court. He displayed colored photographs and site plans of the subject site and described the location of detention basins and proposed buildings. Mr. Benetti advised the Planning Commission recommended approval of the applications subject to 19 conditions as detailed in the draft resolution. Councilmember Ryan stated the funding for this project is through sales tax for the Twin's Stadium that resulted in a dedicated fund to enhance youth sports. It is not being funded by the School District's regular budget. Mr. Boganey stated that is correct and the City was a signatory to the grant applicant because it envisioned a partnership with the School District. 11/28/11 -5- Mayor Willson extended the City's appreciation to Mr. Lester for continuing to find funding and grants, noting this is a good plan and great partnership with the City. 1. RESOLUTION NO. 2011 -153 REGARDING THE DISPOSITION AND APPROVAL OF PLANNING COMMISSION APPLICATION NO. 2011- 020, A REQUEST FOR SPECIAL USE AMENDMENT AND SITE AND BUILDING PLAN APPROVALS FOR INDEPENDENT SCHOOL DISTRICT NO. 286 TO CONSTRUCT A NEW RECREATIONAL CENTER/GYMNASIUM AND OUTDOOR BASKETBALL COURT FACILITIES Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2011 -153 Regarding the Disposition and Approval of Planning Commission Application No. 2011 -020, a Request for Special Use Amendment and Site and Building Plan Approvals for Independent School District No. 286 to Construct a New Recreational Center /Gymnasium and Outdoor Basketball Court Facilities. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 7137 GRIMES AVENUE NORTH Assistant City Manager /Director of Building and Community Standards Vickie Schleuning advised that 7137 Grimes Avenue North was inspected and 13 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. In addition, the property owner did not attend required ARM meetings. 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 meeting standards in the mitigation plan. Councilmember Lasman moved and Councilmember Ryan seconded to open the Hearing. Motion passed unanimously. Djuana Banks, 7137 Grimes Avenue N., stated she has owned this property since 2005 and this is the first time she has had an issue with a tenant, which is the reason it took so long. Ms. Banks stated she believed the licensing process should be more of a partnership between the City and property owner. Since the next ARM meeting is not until January of 2012, she suggested the City provide an alternative, such as an on -line opportunity. Mayor Willson noted staff's recommendation is not to deny but to approve. 11/28/11 -6- Ms. Banks concurred and noted the approval would only be for six months and she would request a longer term. Ms. Schleuning explained the previous licenses were for two years and this is the first application under the new ordinance. Councilmember Lasman moved and Councilmember Ryan seconded to close the Hearing. Motion passed unanimously. The Council discussed the high number of code violations. Mr. Boganey described how the Council had developed rental license categories based on the number of code violations found upon inspection. Councilmember Lasman moved and Councilmember Ryan seconded to approve the issuance of a Type IV six -month provisional rental license and mitigation plan for 7137 Grimes 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. 10b. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 6101 XERXES AVENUE NORTH Ms. Schleuning advised that the owner of 6101 Xerxes Avenue North received a Type IV Rental License on May 10, 2011, on condition of adherence to the Mitigation Plan. The property would qualify for Type III Rental License; however, the owner failed to comply with the Mitigation Plan (required attendance at ARM meetings and submittal of monthly updates) and according to City ordinances, if the requirements of the license category and Action Plan are not met, the license renewal category remains a Type IV. It was noted that the property was inspected and six property code violations were cited and ultimately corrected. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed the mitigation plan and held discussion with the property owner and recommends approval of a Type IV 6 -month Provisional Rental License based on meeting standards in the Action Plan. Mayor Willson referenced the dates of application and license expiration. He asked whether this is a property that has been problematic in getting its rental license renewal. Ms. Schleuning explained the property owner had been confused about meeting the requirement for ARM attendance and the mitigation plan. She noted there is a good chance that it will be difficult to meet all of the requirements within six months and if so, staff may provide a different recommendation the next time. Councilmember Lasman moved and Councilmember Ryan seconded to open the Hearing. Motion passed unanimously. No one wished to address the Council. 11/28/11 -7- Councilmember Kleven moved and Councilmember Ryan seconded to close the Hearing. Motion passed unanimously. 1. RESOLUTION NO. 2011 -154 APPROVING A TYPE IV RENTAL LICENSE FOR 6101 XERXES AVENUE NORTH Councilmember Kleven moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2011 -154 Approving a Type IV Rental License for 6101 Xerxes Avenue North. Motion passed unanimously. 10c. CONSIDERATION OF 2012 UTILITY RATES Mr. Boganey introduced the item, reviewed the history of the Council's consideration of 2012 utility rates, and stated the purpose of the draft resolution. He explained the rate changes assure each utility operates as a self - supporting enterprise fund and does not rely on tax dollars or other public subsidy in order to fund cost of operations or capital improvements. Mr. Boganey indicated the resolutions include the following rate adjustments: 8% increase in water utility rates, 3% increase in sewer utility rates, no change in storm sewer utility rates, $1 /quarter/household increase in street light rates, and no change in recycling rates. The reason for the increase is to assure sufficient cash on hand in order to fund the anticipated reconstruction program needs of the City. Secondly, the increase is based on the expectation that the City will continue to fund improvements, to the greatest extent possible, on a cash basis and avoid borrowing or limit amount of borrowing. Councilmember Lasman noted the 8% increase in water rates is from $1.40 per 1,000 gallon to $1.51 per 1,000 gallon, or a quarterly increase of $2.16. Councilmember Ryan indicated Brooklyn Center is the third lowest in water costs when compared to other municipalities because the City is gifted by having three wells with substantial aquifers not requiring treatment. 1. RESOLUTION NO. 2011-155 ADOPTING 2012 WATER UTILITY RATES, FEES AND CHARGES Councilmember Lasman moved and Councilmember Kleven seconded to approve RESOLUTION NO. 2011-155 Adopting 2012 Water Utility Rates, Fees, and Charges. Motion passed unanimously. 2. RESOLUTION NO. 2011-156 ADOPTING 2012 SEWER UTILITY RATES, FEES, AND CHARGES 11/28/11 -8- Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2011-156 Adopting 2012 Sewer Utility Rates, Fees, and Charges. Mr. Boganey indicated the Council discussed whether to consider a consumption sewer rate based on the amount of water being disposed into the sewer system; however, determined the flat rate methodology is reasonable and a fair mechanism at this time. Motion passed unanimously. 3. RESOLUTION NO. 2011-157 ADOPTING 2012 STORM SEWER UTILITY RATES, FEES AND CHARGES Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2011-157 Adopting 2012 Storm Sewer Utility Rates, Fees, and Charges. Motion passed unanimously. 4. RESOLUTION NO. 2011 -158 ADOPTING 2012 STREET LIGHT RATES AND CHARGES Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2011-158 Adopting 2012 Street Light Rates and Charges. 5. RESOLUTION NO. 2011-159 ESTABLISHING 2012 RECYCLING RATE Councilmember Kleven moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2011-159 Establishing 2012 Recycling Rate. 10d. AN ORDINANCE RELATING TO LICENSING OF RENTAL PROPERTIES; AMENDING BROOKLYN CENTER CITY CODE SECTION 12 -910, PARAGRAPH 7 Mr. Boganey introduced the item, noting this ordinance amendment was thoroughly discussed during tonight's Study Session. If approved, the amendment would allow a new rental license application to be accepted before the end of a license revocation period and allow the Council to consider approval with an effective date after the revocation term. In this way, the revocation period would not have to exceed the original intended term for the revocation. Mayor Willson stated that based on the recommendation of the City Attorney, he would prefer to table consideration to allow staff time to draft revised language. Mayor Willson moved and Councilmember Kleven seconded to table consideration to allow time for staff to revise the ordinance. 11/28/11 Mayor Willson stated his major concerns relate to reducing the revocation period, need for language to ensure an inspection is done prior to the new owner receiving a rental license, and that the application not be accepted prior to 90 days before the revocation period expires. Councilmember Lasman stated support to move the first reading forward and take up the issue of the revocation period as a separate agenda item. She noted the proposed ordinance amendment would require the property to serve out the full revocation term but would allow the flexibility for the property owner and City to facilitate the application process. Councilmembers Kleven, Lasman, and Ryan voted against the same. Motion failed. Councilmember Lasman moved and Councilmember Ryan seconded to approve first reading of an Ordinance Relating to Licensing of Rental Properties; Amending Brooklyn Center City Code Section 12 -910, Paragraph 7 and set second reading and Public Hearing for January 12, 2012. Mayor Willson voted against the same. Motion passed. 11. COUNCIL REPORT Councilmember Kleven reported on her attendance at the following: • November 15, 2011, Dangerous Dog Hearing • November 15, 2011, Housing Commission • November 17, 2011, Planning Commission • November 21, 2011, . Budget Meeting • November 18, 2011, meeting about working with local media and lunch at Channel 12 Councilmember Kleven announced Holly Weekend events and encouraged all to enjoy the activities. She also encouraged all to vote at the upcoming election for the Council vacancy and announced the opening of Oceans Buffet. Councilmember Ryan announced that Holly Sunday is December 4, 2011, and suggested residents mark their calendars and attend the family friendly events. He noted that December 6, 2011, is the primary election for the vacant City Council seat and urged all to come out and vote. Councilmember Ryan reported on his attendance at the following: • November 14, 2011, Joint City Council and Financial Commission Work Session • November 15, 2011, Park and Recreation Commission meeting • November 22, 2011, Joint Community Police Partnership and Neighborhood Coalition meeting Councilmember Lasman reported on her attendance at the following: • November 16, 2011, Crime Prevention meeting • November 16, 2011, met with Sue LaCrosse on the time capsule and Centennial events Councilmember Lasman reviewed Holly Sunday events commemorating the City's centennial year. 11/28/11 -10- Mayor Willson reported on his attendance at the following: • November 15, 2011, Dangerous Dog Hearing with Councilmember Kleven in attendance where the Board determined, after a period of 6 months, that the dog owner had done well and revoked the determination of dangerous dog. • November 21, 2011, Budget Work Session Mayor Willson invited residents to join Holly Sunday events to celebrate 100 years of Brooklyn Center's existence. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:16 p.m. Motion passed unanimously. 11/28/11 -11- 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 28, 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 December 12, 2011, Regular Session. QAfAitelt 44Antladtk, City Clerk 11/28/11 -12- Mayor