HomeMy WebLinkAbout2012 01-09 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
JANUARY 9, 2012
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, Director of Business and Development Gary Eitel,
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.
Diane Miller, 5316 Matterhorn Drive, Fridley, stated she owns rental property at 5843 Fremont
Avenue N. and stated her concern with restrictions and undue burdens being placed on rental
owners such as mandated ARM attendance. She stated she would like to become more active so
she has a voice. City Manager Curt Boganey stated he will schedule a meeting with Ms. Miller.
Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open
Forum at 6:50 p.m.
Motion passed unanimously.
2. INVOCATION
As the Invocation, Mayor Willson requested a moment of silence and personal reflection of
thankfulness that our troops have been called home.
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson
at 7:00 p.m.
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4. ROLL CALL
Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, and 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, Fire
Chief Lee Gatlin, 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 presented, and the following consent items were approved:
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6a. APPROVAL OF MINUTES
1. December 5, 2011 — 2012 Budget Hearing
2. December 12, 2011 — Study /Work Session
2. December 12, 2011 — Regular Session
6b. LICENSES
BOWLING ALLEY
AMF Bowling Centers, Inc.
FIREWORKS - PERMANENT
Big Lots
GASOLINE SERVICE STATION
Brookdale Holiday
Brooklyn Center Service, Inc.
Holiday Stationstores, Inc.
Qwest Communications
Royalty & Sons, Inc.
SuperAmerica
LIOUOR — CLASS D ON -SALE
CLOSING
Oak City
6440 James Circle
5930 Earle Brown Drive
5710 Xerxes Avenue
6849 Brooklyn Boulevard
420 66 Avenue N.
6540 Shingle Creek Parkway
6044 Brooklyn Boulevard
6545 West River Road
1901 57 Avenue N.
6950 Brooklyn Boulevard
INTOXICATING. SUNDAY. AND 2
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2590 Freeway Boulevard
A.M.
MECHANICAL
Chimney Caps Plus, Inc.
Egan Company
JJJC, LLC
New Market Mechanical, LLC
RC Heating & AC
Tranwave Heating & Cooling, LLC
PUBLIC DANCE
AMF Bowling Centers, Inc.
RENTAL
INITIAL (TYPE III — one-year license)
5341 -43 Penn Avenue
Passed w /Weather Deferral
5321 Fremont Avenue N.
5619 Knox Avenue N.
5223 Xerxes Avenue N.
INITIAL (TYPE II — two -year license)
4212 61 Avenue N.
3200 63 Avenue N.
3306 65 Avenue
5524 Dupont Avenue N.
6001 Emerson Avenue N.
5309 Humboldt Avenue N.
7218 Kyle Avenue N.
Passed w /Weather Deferral
6206 Scott Avenue N.
RENEWAL (TYPE III — one-year license)
2318 55 Avenue N.
5224 65 Avenue N.
2813 66 Avenue N.
6731 Bryant Avenue N.
5424 Fremont Avenue N.
RENEWAL (TYPE II — two-year license)
7218 -24 West River Road
RENEWAL (TYPE I — three-year license)
3819 France Place
4746 Lakeview Avenue
5449 Lyndale Avenue N.
6900 Regent Avenue N.
4207 Winchester Lane
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25123 Goodview Avenue, Wyoming
7625 Boone Avenue N., Brooklyn Park
7964 Brooklyn Boulevard, Brooklyn Park
9025 West Highway 101, Savage
4880 McAlister Avenue NE, St. Michael
21205 Minnetonka Boulevard, Shorewood
6440 James Circle
Margery Schwab
Larry Norals
Justin Jennrich
Joseph Noonan
John Hostetler
Kyle Nguyen
Yahya Osman
Nicholas Manthey
Keith Carrico
John Pillen
Xian Qiang Lin
Mark & Cathy Cocker
Helen Osonowo
Pavel Sakurets
Sufeng Zheng
Chuma Ikeqwuani
Bill McCrum
Arlene Johnson
Robert Lindahl
Brian Melzer
Dakota Communities
Houa Her
Gena Gaal
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TOBACCO RELATED PRODUCT
Brookdale Holiday
Brooklyn Center Services, Inc.
Cub Foods
CVS Pharmacy
G & S Gerges, Inc.
Holiday Stationstores, Inc.
Royal Tobacco
Royalty & Sons, Inc.
Sun Foods
SuperAmerica
Village Market, Inc.
Walgreen Company
5710 Xerxes Avenue N.
6849 Brooklyn Boulevard
3245 County Road 10
5801 Brooklyn Boulevard
6804 Humboldt Avenue N.
420 66 Avenue N.
6890
5625
6044
6350
6545
1901
6950
5808
6390
Shingle Creek Parkway
Xerxes Avenue N.
Brooklyn Boulevard
Brooklyn Boulevard
West River Road
57 Avenue N.
Brooklyn Boulevard
Xerxes Avenue N.
Brooklyn Boulevard
6c. RESOLUTION NO. 2012 -01 DESIGNATING OFFICIAL NEWSPAPER
6d. RESOLUTION NO. 2012 -02 DESIGNATING DEPOSITORIES OF CITY
FUNDS
6e. RESOLUTION NO. 2012 -03 APPOINTING BROOKLYN CENTER
REPRESENTATIVES TO EXECUTIVE COMMITTEE AND /OR BOARD
OF DIRECTORS OF THE BROOKLYN BRIDGE ALLIANCE FOR
YOUTH, FIVE CITIES SENIOR TRANSPORTATION PROJECT,
HENNEPIN RECYCLING GROUP, LOCAL GOVERNMENT
INFORMATION SYSTEMS, NORTH METRO MAYORS ASSOCIATION,
NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL,
NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION,
PETS UNDER POLICE SECURITY, PROJECT PEACE, TWIN LAKES
JOINT POWERS ORGANIZATION, AND MINNEAPOLIS NORTHWEST
CONVENTION AND VISITORS BUREAU
6f. RESOLUTION NO. 2012 -04 APPOINTING MUNICIPAL TRUSTEES TO
THE BROOKLYN CENTER FIREFIGHTERS RELIEF ASSOCIATION
BOARD OF TRUSTEES
6g. RESOLUTION NO. 2012 -05 RECOGNIZING THE CONTRIBUTIONS OF
ETHNIC POPULATIONS AND HERITAGE CELEBRATIONS
6h. RESOLUTION NO. 2012 -06 GRANTING CORPORATE AUTHORITY
FOR TRANSACTIONS OF FINANCIAL BUSINESS MATTERS
6i. RESOLUTION NO. 2012 -07 ADJUSTING SALARY OF THE CITY
MANAGER
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6j. APPLICATION AND PERMIT FOR TEMPORARY ON -SALE LIQUOR
LICENSE SUBMITTED BY CHURCH OF ST. ALPHONSUS, 7025
HALIFAX AVENUE NORTH, FOR AN EVENT TO BE HELD
FEBRUARY 11, 2012
6k. AMEND 2012 CITY COUNCIL MEETING SCHEDULE
61. RESOLUTION NO. 2012 -08 ESTABLISHING THE INTEREST RATE
FOR 2012 SPECIAL ASSESSMENTS
6m. RESOLUTION NO. 2012 -09 ESTABLISHING 2012 STREET AND STORM
DRAINAGE SPECIAL ASSESSMENT RATES
Motion passed unanimously.
7. PRESENTATIONS / PROCLAMATIONS /RECOGNITIONS/DONATIONS
7a. PRESENTATION TO COUNCILMEMBER LASMAN — NATIONAL LEAGUE
OF CITIES SILVER LEVEL AWARD OF THE CERTIFICATE OF
ACHIEVEMENT IN LEADERSHIP PROGRAM
Mayor Willson described the outstanding service of Councilmember Lasman with the
Leadership Training Institute and indicated she has been recognized with a Silver Leadership
Executive Award, the second level of accomplishment requiring 36 credits of qualified training
activities. He read in full the Certificate of Achievement and formally presented it to
Councilmember Lasman.
7b. RESOLUTION NO. 2012 -10 EXPRESSING RECOGNITION AND
APPRECIATION OF ALLAN HANCOCK FOR HIS DEDICATED PUBLIC
SERVICE ON THE NORTHWEST SUBURBS CABLE COMMUNICATIONS
COMMISSION
Councilmember Kleven moved and Councilmember Ryan seconded to approve RESOLUTION
NO. 2012 -10 Expressing Recognition and Appreciation of Allan Hancock for his Dedicated
Public Service on the Northwest Suburbs Cable Communications Commission.
Mayor Willson read the resolution and presented it to Mr. Hancock and thanked him for his
service to the City.
Motion passed unanimously.
7c. RESOLUTION NO. 2012 -11 EXPRESSING RECOGNITION AND
APPRECIATION OF RACHEL MOREY FOR HER DEDICATED PUBLIC
SERVICE ON THE PLANNING COMMISSION
Councilmember Kleven moved and Councilmember Lasman seconded to approve
RESOLUTION NO. 2012 -11 Expressing Recognition and Appreciation of Rachel Morey for her
Dedicated Public Service on the Planning Commission.
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Mayor Willson read the resolution and presented it to Ms. Morey and thanked her for her service
to the City.
Motion passed unanimously.
8. PUBLIC HEARINGS
8a. ORDINANCE NO. 2012 -01 RELATING TO LICENSING OF RENTAL
PROPERTIES; AMENDING BROOKLYN CENTER CITY CODE SECTION 12-
910, PARAGRAPH 7
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
ordinance to allow application for a new rental license for a property with a revoked license prior
to the end of the revocation period. It was noted this ordinance received first reading on
November 28, 2011, and is scheduled tonight for second reading and Public Hearing.
Mr. Boganey also presented Alternate A, ordinance language prepared by the City Attorney that
addresses the concern raised during first reading dealing with the timing for when a new rental
license can be submitted. This alternate language indicates that at the time of the revocation, the
City Council shall determine the point at which a new application will be accepted.
Councilmember Lasman moved and Councilmember Ryan seconded to open the Public Hearing.
Motion passed unanimously.
Diane Miller, 5316 Matterhorn Drive, Fridley, asked how often a rental license is revoked.
Mr. Boganey indicated the frequency of revocation in any given year is rare considering the
number of rental licenses in Brooklyn Center.
Councilmember Ryan noted since he began serving on the Council in 1997 there had been only
two revocations due to severe infractions and violation of City ordinances.
Councilmember Kleven moved and Councilmember Ryan seconded to close the Public Hearing.
Mr. Boganey clarified the Council has the authority to revoke or suspend a rental license
whenever a rental property owner does not comply with the terms of the ordinance, including
nonpayment of utilities or taxes.
Motion passed unanimously.
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Councilmember Lasman moved and Councilmember Ryan seconded to adopt ORDINANCE
NO. 2012 -01 Relating to Licensing of Rental Properties; Amending Brooklyn Center City Code
Section 12 -910, Paragraph 7, with amended language Alternate A.
Motion passed unanimously.
9. PLANNING COMMISSION ITEMS
- None.
10. COUNCIL CONSIDERATION ITEMS
10a. SELECT PRESIDING OFFICERS — MAYOR PRO TEM AND ACTING MAYOR
PRO TEM
Councilmember Ryan moved and Councilmember Kleven seconded to ratify the Mayor's
nomination of Kay Lasman as Mayor /President Pro Tern and Dan Ryan as Acting
Mayor /President Pro Tem for 2012.
Motion passed unanimously.
10b. RESOLUTION NO. 2012 -12 DECLARING COMMITMENT TO THE
BROOKLYN CENTER CITY CHARTER
Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION
NO. 2012 -12 Declaring Commitment to the Brooklyn Center City Charter.
Mayor Willson read the resolution and noted this is an annual declaration.
Motion passed unanimously.
10c. MAYORAL APPOINTMENTS OF CITY COUNCIL MEMBERS TO SERVE AS
LIAISONS TO CITY ADVISORY COMMISSIONS AND AS CITY
REPRESENTATIVE/VOTING DELEGATES FOR OTHER ORGANIZATIONS
FOR 2012
Mayor Willson announced the following appointments to serve as liaisons to City Advisory
Commissions and as City Representative/Voting Delegates for Other Organizations for 2012:
Financial Commission:
Housing Commission:
Park and Recreation Commission:
Crime Prevention Program:
Earle Brown Days Committee:
North Hennepin Area Chamber of Commerce:
Metro Cities:
League of Minnesota Cities:
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Dan Ryan
New Council Member
Carol Kleven
Kay Lasman
New Council Member; Tim Willson — Alternate
Carol Kleven
Tim Willson; Dan Ryan — Alternate
Dan Ryan; Tim Willson — Alternate
Councilmember Ryan moved and Councilmember Kleven seconded to ratify the Mayoral
appointments.
Motion passed unanimously.
10d. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE
FOR 2801 66 AVENUE NORTH
Assistant City Manager /Director of Building and Community Standards Vickie Schleuning
advised that 2801 66 Avenue North was inspected and 10 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 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.
Councilmember Kleven moved and Councilmember Lasman 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 2801 66 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.
10e. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE
FOR 7143 FRANCE AVENUE NORTH
Ms. Schleuning advised that 7143 France Avenue North was inspected and 19 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 and
held discussion with the property owner and recommends approval based on meeting standards
in the mitigation plan.
Councilmember Ryan moved and Councilmember Kleven seconded to open the hearing.
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Motion passed unanimously.
A friend of the property owner stated his observation is that the City's rental license process is
too complicated.
Councilmember Kleven moved and Councilmember Ryan seconded to close the hearing.
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 7143 France 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.
10f. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE
FOR 7137 GRIMES AVENUE NORTH
Ms. Schleuning advised the owner of 7137 Grimes Avenue North received a Type IV Rental
License on November 28, 2011, on condition of adherence to the Mitigation Plan and City
Ordinances. However, the owner has failed to comply with the Mitigation Plan and applicable
ordinances to complete Phase II of the Crime Free Housing Program and attendance at a
minimum of 50 percent of Owner /Managers Association Meetings (ARM). In accordance with
the 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
zero property code violations were cited. Staff recommends approval of a continued Type IV
Rental License in lieu of denial, revocation, or suspension because the owner made
improvements to the condition of the property.
Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing.
Motion passed unanimously.
Djuana Banks, 10021 Butternut Avenue N., Brooklyn Park, owner of 7137 Grimes Avenue N.,
explained the mitigation plan would have been completed if ARM was offered every month. She
attended the November ARM meeting, but an ARM meeting was not scheduled in December so
she plans to attend this Thursday.
Councilmember Kleven moved and Councilmember Ryan seconded to close the hearing.
Motion passed unanimously.
1. RESOLUTION NO. 2012 -13 APPROVING TYPE IV RENTAL LICENSE
FOR 7137 GRIMES AVENUE NORTH
Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION
NO. 2012 -13 Approving Type IV Rental License for 7137 Grimes Avenue North.
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Motion passed unanimously.
10g. MAYORAL REAPPOINTMENT OF COMMISSIONER TO SERVE ON
SHINGLE CREEK AND WEST MISSISSIPPI WATERSHED MANAGEMENT
COMMISSIONS
Councilmember Lasman moved and Councilmember Ryan seconded to ratify the Mayor's
reappointment of Della Young as Commissioner to the Shingle Creek and West Mississippi
Watershed Management Commissions with a term expiring January 31, 2015.
Motion passed unanimously.
11. COUNCIL REPORT
Councilmember Lasman reported on her attendance at the following:
• December 15, 2011, Sex Offender Notification meeting
Councilmember Kleven reported on her attendance at the following:
• December 15, 2011, Predatory Offender meeting
• December 19, 2011, Northport School STEM activities
• December 15, 2011, Planning Commission meeting
• December 20, 2011, Housing Commission meeting
Councilmember Kleven noted the City got off to a good start in 2012 with
construction/redevelopment projects including: Northwest Family Services, Luther Honda and
Toyota, WalMart, and the Evans Nordby Funeral Home.
Councilmember Ryan urged all residents to vote at the Special Election on January 24, 2012, to
fill the vacant council seat.
Mayor Willson agreed that the City is off to a great start in 2012 but it has taken a lot of hard
work by staff and the Council to get to this point. The City is now seeing the benefit of past City
Council's decisions to purchase land for development. He hopes the City can accomplish
additional development /redevelopment in other areas of the City.
Mr. Boganey updated the Council that the subject of the predatory offender meeting was
rearrested and is now in custody.
12. ADJOURNMENT
Councilmember Kleven moved and Councilmember Ryan seconded adjournment of the City
Council meeting at 7:51 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
January 9, 2012.
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 January 23, 2012, Regular
Session.
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Mayor