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Home My WebLink About2012 01-23 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 JANUARY 23, 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, 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. Diane Sannes, 7006 Willow Lane, read a note from Ophelia Copes, 3008 Quarles Road, extending her thanks to the Fire Department for helping with her smoke detector. Ms. Sannes announced and invited the City Council to attend the Wednesday, January 25, 2012, welcome for FBI personnel at Panera Bread, and the April 14, 2012, EarthFest to be held at Brooklyn Center High School. Councilmember Ryan moved and Councilmember Lasman seconded to close the Informal Open Forum at 6:48 p.m. Motion passed unanimously. 2. INVOCATION Father Martin Stillmock, St. Alphonsus, 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 7:00 p.m. 4. ROLL CALL 01/23/12 -1- 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 Vicki Schleuning, 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 Lasman moved and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, as amended, with the removal of Item Nos. 6c and 6d from the Consent Agenda to Council Consideration Item Nos. 10d and 10e, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. January 9, 2012 — Study Session 2. January 9, 2012 — Regular Session 3. January 9, 2012 — Work Session 6b. LICENSES FIREWORKS — PERMANENT Cub Foods 3245 County Road 10 GASOLINE SERVICE STATION Christy's Auto Service 5300 Dupont Avenue N. Two Rivers Investment, Inc. 6840 Humboldt Avenue N. MECHANICAL A+ Mechanical, Inc. 2150 West Stark Road, Cambridge Jay Hawk Mechanical 3307 North 2 °a Street, Minneapolis Seasonal Heating & A/C 8565 80 Street N, Stillwater PUBLIC DANCE Brass Monkey, LLC dba Oak City Sports Tavern 2590 Freeway Boulevard RENTAL INITIAL (TYPE III — one-year license) 6737 Regent Avenue N. Kim Vu -Trap INITIAL (TYPE II — two-year license) 2804 67 Lane N. Bryon Aitkens 01/23/12 -2- 5412 70 Circle Yanhau Sun 535171 " Circle N. Ghulam Pyarali 4917 Abbott Avenue N. James Maciazke 6312 France Avenue N. Joseph Noonan 3834 Oak Street Passed w /Weather Deferral Man Lin 6307 Scott Avenue N. Passed w /Weather Deferral Donovan Gilbert 6908 Unity Avenue N. Xingfu Chen 7180 Unity Avenue N. Yue Liu 5836 Xerxes Avenue N. Paul Witte RENEWAL (TYPE III —one-year license) 371347 th Avenue N. / Ryan Creek Manor Passed w /Weather Deferral Drew Kabanuk 131272 "d Avenue N. Curtis Cady 6012 York Avenue N. Passed w /Weather Deferral Korpo Ngaima/Presley Hanson RENEWAL (TYPE II — two year license) 3613 47 Avenue N. / Ryan Creek Manor Passed w /Weather Deferral Drew Kabanuk RENEWAL (TYPE I — three-year license) 3601 47 Avenue N. / Ryan Creek Manor Drew Kabanuk 6101 Beard Avenue N. / Beard Ave. Apts. Passed w /Weather Deferral Beard Avenue Apartment 6130 France Avenue N. Ewing Square Family Housing Christopher Cooper 4100 Lakebreeze Avenue Bruce Waage 6031 Colfax Avenue N. J. Thomas Equities LLC SIGNHANGER Lighttech, Inc. 235 Charles Avenue, St. Paul TOBACCO RELATED PRODUCT Brass Monkey, LLC dba Oak City Sports Tavern 2590 Freeway Boulevard Two Rivers Investment, Inc. 6840 Humboldt Avenue N. 6c. APPROVAL OF SITE PERFORMANCE GUARANTEE REDUCTION FOR 1501 FREEWAY BOULEVARD — FBI /GSA HEADQUARTERS This item was removed from the Consent Agenda to be considered as Agenda Item No. IOd. 01/23/12 -3- 6d. RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED USE OF 2012 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This item was removed from the Consent Agenda to be considered as Agenda Item No. 10e. Motion passed unanimously. 7. PRESENTATIONS / PROCLAMATIONS /RECOGNITIONS/DONATIONS — None 8. PUBLIC HEARINGS — None 9. PLANNING COMMISSION ITEMS — None 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2012 -14 RECEIVING A REPORT FROM THE. CITY MANAGER OUTLINING A PARTIAL RENTAL LICENSE REVIEW PROCESS FOR GRANITE PEAKS LOCATED AT 3907, 3909, AND 3911 65 AVENUE NORTH City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution to receive a report outlining a partial rental license review process for Granite Peaks Apartments (Brookhaven) located at 3907, 3909, and 3911 65 Avenue North. It was noted the rental license for this property is revoked for one year ending February 13, 2012. Soderberg Investments purchased the property on December 23, 2011, and is asking the City Council to consider allowing submittal of a license on a building -by- building basis. Mr. Boganey described the extensive renovations that would occur and greatly improve these rental apartments. Mayor Willson stated the City Council has considered this type of request in the past and it had worked well. He noted this is the type of process the City Council supports to restore rental units and address numerous violations. He stated Mr. Soderberg has worked well with other apartment complexes and based on his successful past history, supports approval of the request. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2012 -14 Receiving a Report from the City Manager Outlining a Partial Rental License Review Process for Granite Peaks Located at 3907, 3909, and 391165 th Avenue North. 01/23/12 -4- Motion passed unanimously. 10b. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 6234 BROOKLYN BOULEVARD Assistant City Manager/Director of Building and Community Standards Vickie Schleuning advised the owner of 6234 Brooklyn Boulevard received a Type IV Rental License on September 12, 2011, on condition of adherence to the Mitigation Plan. The property would qualify for a Type I rental License based on property code violations and validated police nuisance incidents. However, the owner has failed to comply with the Mitigation Plan (required attendance at ARM meetings) and according to City ordinances, if the requirements of the license category and Mitigation 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. 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 of a Type IV 6 -month Provisional 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. No one appeared to address the Council Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. 1. RESOLUTION NO. 2012-15 APPROVING A TYPE IV RENTAL LICENSE FOR 6234 BROOKLYN BOULEVARD Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2012 -15 Approving a Type IV Rental License for 6234 Brooklyn Boulevard. Motion passed unanimously. 10c. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 6207 COLFAX AVENUE NORTH Ms. Schleuning advised the owner of 6207 Colfax Avenue North received a Type IV Rental License on October 10, 2011, on condition of adherence to the Mitigation Plan. The property would qualify for a Type I Rental License based on property code violations and validated police nuisance incidents. However, the property owner has failed to comply with the Mitigation Plan (required attendance at ARM meetings) and according to City ordinances, if the requirements of the license category and Mitigation Plan are not met, the license renewal category remains a 01/23/12 -5- Type IV. It was noted that the property was inspected and one property code violations was cited, with a weather deferral for exterior painting. 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 of a Type IV 6 -month Provisional Rental License in lieu of denial, revocation, or suspension because the owner made improvements to the condition of the property. Councilmember Kleven moved and Councilmember Lasman seconded to open the hearing. Motion passed unanimously. No one appeared to address the Council Councilmember Kleven moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. 1. RESOLUTION NO. 2012-16 APPROVING A TYPE IV RENTAL LICENSE FOR 6207 COLFAX AVENUE Councilmember Ryan moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2012-16 Approving a Type IV Rental License for 6207 Colfax Avenue North. Motion passed unanimously. 10d. [FORMERLY CONSENT AGENDA ITEM NO. 6C.] APPROVAL OF SITE PERFORMANCE GUARANTEE REDUCTION FOR 1501 FREEWAY BOULEVARD — FBI /GSA HEADQUARTERS Mr. Boganey introduced the item and presented staff's recommendation to reduce the site performance guarantee reduction for 1501 Freeway Boulevard, the FBI /GSA Headquarters. It was noted staff has verified the necessary site improvements have been completed. Mr. Boganey indicated that $20,000 would be retained as surety the landscaping will meet the one -year warranty requirement. Councilmember Lasman moved and Councilmember Ryan seconded to approve reduction of the site performance guarantee for 1501 Freeway Boulevard, the FBI /GSA Headquarters. Motion passed unanimously. 10e. [FORMERLY CONSENT AGENDA ITEM NO. 6D.] RESOLUTION NO. 2012 -17 CALLING FOR A PUBLIC HEARING ON PROPOSED USE OF 2012 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 01/23/12 -6- Ms. Schleuning introduced the item and stated the purpose of the resolution to call for a Public Hearing on the proposed use of the 2012 Urban Hennepin County Community Development Block Grant (CDBG) funds. She reviewed the funding allocation, allocation cap, and indicated requests for funding would be presented at the public hearing on February 13, 2012. Mayor Willson indicated entities seeking CDBG funding must submit their information 10 days prior to February 13, 2012, for staff review and make recommendation to the City Council. Mr. Boganey clarified that the CDBG allocation will be $212,000 and the proposed program for next year is to use $150,000 for Code enforcement activities, up to 15% for public service projects, and the balance for the City's Housing Rehabilitation Program. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2012 -17 Calling for a Public Hearing on Proposed Use of 2012 Urban Hennepin County Community Development Block Grant Funds. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Kleven reported on her attendance at the following: • January 12, 2012, State of the City address and luncheon • January 12, 2012, Planning Commission meeting • January 17, 2012, Park and Recreation Commission meeting • January 18, 2012, Minneapolis Northwest Convention and Visitors Bureau breakfast • January 19, 2012, Northwest Hennepin Human Services luncheon Councilmember Kleven encouraged senior residents to make use of the Fire Department's smoke detector program and to vote in tomorrow's Special Election to fill the City Council vacancy. Councilmember Ryan reminded seniors of the Fire Department's smoke alarm program and urged all to vote tomorrow, January 24, 2012, at the Special Election for the vacancy on the City Council. Councilmember Lasman reported on her attendance at the following: • January 18, 2012, Crime Prevention Meeting Councilmember Lasman encouraged residents to vote tomorrow at the Special Election to fill the City Council vacancy. Mayor Willson reported on his attendance at the following: • January 12, 2012, presented the State of the City address at Edinburgh • January 16, 2012, met at City Hall with the videographers working with the Earle Brown School System 01/23/12 -7- Councilmember Ryan announced the passing of a great Brooklyn City resident, Wallace Bernards, the former Brooklyn Center High School Principal. He extended his sympathy to the Bernards family. Mayor Willson added his condolences and stated it was a pleasure to have known Mr. Bernards and worked with him over the years. 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Lasman seconded adjournment of the City Council meeting at 7:36 p.m. Motion passed unanimously. 01/23/12 -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 January 23, 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 February 13, 2012, Regular Session. City Clerk Mayor 01/23/12 -9-