HomeMy WebLinkAbout2012 02-13 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
FEBRUARY 13, 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, Lin Myszkowski, and
Dan Ryan. Also present were City Manager Curt Boganey, Director of Fiscal and Support
Services Dan Jordet, Director of Business and Development Gary Eitel, Planning and Zoning
Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards
Vickie Schleuning, Director of Community Activities, Recreation and Services Jim Glasoe, City
Clerk Sharon Knutson, 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.
Thomas Paquette, 6613 Drew Avenue N., stated his concern with the disregard of the stop sign at
the Garden City Elementary School and high speed of traffic on 66th Avenue, from Brooklyn
Boulevard to Xerxes Avenue. He encouraged the Council to address these safety concerns
before someone is injured.
Mark Carrell, 5341 Brooklyn Boulevard, stated he recently purchased his home and is concerned
about the bus traffic clientele from Twin Lakes Manor and the other apartment complex as well
as loitering at the bus stop across from his home that results in police activity. Mr. Carrell stated
he hoped that the Shingle Creek Crossing Shopping Center will not have the same problems that
resulted in the closing of Brookdale Mall.
Councilmember Lasman moved and Councilmember Myszkowski seconded to close the
Informal Open Forum at 7:00 p.m.
Motion passed unanimously.
2. INVOCATION
Teresa Rousseau, Youth Minister at St. Alphonsus Parish,provided the Invocation.
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2a. ADMINISTER CEREMONIAL OATH OF OFFICE
City Clerk Sharon Knutson administered the oath of office to newly elected Councilmember Lin
Myszkowski.
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson
at 7:04 p.m.
4. ROLL CALL
Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Lin Myszkowski, and
Dan Ryan. Also present were City Manager Curt Boganey, Director of Fiscal and Support
Services Dan Jordet, Director of Business and Development Gary Eitel, Planning and Zoning
Specialist Tim Benetti, City Clerk Sharon Knutson, Assistant City Manager/Director of Building
and Community Standards Vickie Schleuning, Director of Community Activities Jim Glasoe,
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, and the following consent items were approved:
6a. APPROVAL OF MINUTES
1. January 23, 2012— Study/Work Session
2. January 23, 2012—Regular Session
3. January 30, 2012—Special Session
6b. LICENSES
MECHANICAL
Bonfe's Plumbing, Heating and Air 505 Rudolph Avenue, St. Paul
Dean's Professional Plumbing, Inc. 5392 Quam Avenue, St. Michael
North Country Aire 29617 Riverridge Road, Isanti
Team Mechanical, Inc. 3508 Snelling Avenue, Minneapolis
Weld& Sons Plumbing Company 3410 Kilmer Lane N., Plymouth
Yours By Design Heating and Cooling 1543 126 'Avenue NE, Blaine
MOTOR VEHICLE DEALERSHIP
Boulevard Auto Sales, Inc. 6121 Brooklyn Boulevard
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RENTAL
INITIAL (TYPE 111—one-year license)
5519 Colfax Avenue N
Passed with Weather Deferral Ryan Smith
6813 Humboldt Avenue N. B201 Raymond Charest
INITIAL (TYPE II—two-year license)
5620 Girard Avenue N. Kevin& Mandy Shultz
4207 Lakeside Avenue N. #329 Rebecca Jones
RENEWAL (TYPE III—one-year license)
5219 Ewing Avenue N.
Passed with Weather Deferral Daniel Sasaro Brewer
5650 Humboldt Avenue N. Syed Raza
6819 Humboldt Avenue N. A203 Raymond Charest
1537 Humboldt Place N.
Passed with Weather Deferral ShoeMiller Properties LLC
5349 Sailor Lane Pavel Sakurets
6324 Scott Avenue N. Benson Vang
7164 Unity Avenue N. Vivian Olson
RENEWAL (TYPE II—two-year license)
6835 Noble Avenue N. Robert Berglund
90453 d Avenue N. Moshe Vorotinov/Istoki Mekorot
292653 rd Avenue N.
Passed with Weather Deferral Nita Morlock
3200 64th Avenue N. Keith McConnell
3113 65th Avenue N. Ting Sui Zheng
5834 Aldrich Avenue N. Paul Scully
6718 Aldrich Avenue N.
Passed with Weather Deferral James Price/Dawn McNamara
5603 Bryant Avenue N.
Passed with Weather Deferral Michael Skrogstad
7101 France Avenue N. Luanne Thompson
1531 Humboldt Place N.
Passed with Weather Deferral ShoeMiller Properties LLC
5406 Sailor Lane
Passed with Weather Deferral James Waters
7021 Unity Avenue N. Geri Lynn Williams
RENEWAL (TYPE I—three-year license)
4811 Lakeview Avenue
Passed with Weather Deferral Diane Krenz
4809 Twin Lake Avenue—Lake Shore Apts.
Passed with Weather Deferral Curtis Erickson
6813 Noble Avenue N. David Zemke
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6821 Noble Avenue N. Reuben& Diane Ristrom
6939 Brooklyn Boulevard Jacob Yanish
6613 Camden Drive Mark One Resources LLC
4207 Lakeside Avenue N. #226 Gassen Company
5607 Lyndale Avenue N.
Passed with Weather Deferral Timothy Quam
7110 Riverdale Road James Nelson
3206 Thurber Road Mains'1 Properties
SIGNHANGER
Elements, Inc. 10044 Flanders Court NE, Blaine
6e. 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
MARCH 17,2012
6d. RESOLUTION NO. 2012-19 OPTING NOT TO WAIVE LIMITED TORT
LIABILITY FOR 2012
6e. RESOLUTION NO. 2012-20 AUTHORIZING EXECUTION OF A
LETTER OF ENGAGEMENT FOR PROFESSIONAL SERVICES FOR
AUDIT OF THE 2011 FISCAL YEAR
6f. RESOLUTION NO. 2012-21 ACCEPTING WORK PERFORMED AND
AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS.
2011-05 AND 06, CONTRACT 2011-B, UNITY AVENUE AND SHINGLE
CREEK PARKWAY STREET IMPROVEMENTS
6g. RESOLUTION NO. 2012-22 AUTHORIZING TRANSFER OF UNUSED
FUND BALANCE
6h. RESOLUTION NO. 2012-23 APPROVING THE MEMORANDUM OF
UNDERSTANDING FOR LAW ENFORCEMENT LABOR SERVICES
(LELS) LOCAL 86 (POLICE COMMANDERS/SERGEANTS) AND THE
CITY OF BROOKLYN CENTER FOR 2012 INSURANCE
CONTRIBUTION
6i. RESOLUTION NO. 2012-24 APPROVING THE MEMORANDUM OF
UNDERSTANDING FOR INTERNATIONAL UNION OF OPERATING
ENGINEERS (IUOE) LOCAL 49 PUBLIC WORKS MAINTENANCE AND
THE CITY OF BROOKLYN CENTER FOR 2012 INSURANCE
CONTRIBUTION
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6j. RESOLUTION NO. 2012-25 CALLING FOR A PUBLIC HEARING ON
PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE
REMOVAL COSTS AND DELINQUENT WEED REMOVAL COSTS
Motion passed unanimously.
7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
7a. RESOLUTION NO. 2012-26 EXPRESSING RECOGNITION AND
APPRECIATION OF ABIY ASSEFA FOR HIS DEDICATED PUBLIC SERVICE
ON THE SHINGLE CREEK AND WEST MISSISSIPPI WATERSHED
MANAGEMENT COMMISSIONS
Mayor Willson read the resolution in full.
Councilmember Kleven moved and Councilmember Ryan seconded to approve RESOLUTION
NO. 2012-26 Expressing Recognition and Appreciation of Abiy Assefa for his Dedicated Public
Service on the Shingle Creek and West Mississippi Watershed Management Commissions.
Motion passed unanimously.
7b. RESOLUTION NO. 2012-27 EXPRESSING RECOGNITION AND
APPRECIATION OF KATHY FLESHER FOR OVER 42 YEARS OF
DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER
Mayor Willson read the resolution in full.
Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION
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NO. 2012-27 Expressing Recognition and Appreciation of Kathy Flesher for over 42 Years of
Dedicated Service to the City of Brooklyn Center.
Motion passed unanimously.
Kathy Flesher acknowledged and thanked past City Councils and the current City Council for its
support of the Recreation Department, making what they do possible. She indicated it has been a
privilege to work with and serve the citizens of this community.
City Manager Curt Boganey extended his appreciation to Ms. Flesher for her years of dedicated
service. The audience responded with a round of applause.
7c. RESOLUTION NO. 2012-28 EXPRESSING RECOGNITION AND
APPRECIATION OF GEORGE JENNRICH FOR OVER 17 YEARS OF
DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER
Mayor Willson read the resolution in full.
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Councilmember Myszkowski moved and Councilmember Kleven seconded to approve
RESOLUTION NO. 2012-28 Expressing Recognition and Appreciation of George Jennrich for
over 17 Years of Dedicated Service to the City of Brooklyn Center.
Motion passed unanimously.
George Jennrich stated it has been a privilege to serve the residents of Brooklyn Center and he
will greatly miss them. The audience responded with a round of applause.
7d. RESOLUTION NO. 2012-29 EXPRESSING APPRECIATION FOR THE
DONATION FROM DAVID GRASS IN SUPPORT OF THE CITY'S HEALTH
INSURANCE PROGRAM
Mr. Boganey explained that David Grass, a former Police Officer, is contributing his most recent
payment, received as part of the health insurance program, to the City.
Mayor Willson read the resolution in full and thanked Mr. Grass for this generous donation.
Councilmember Lasman moved and Councilmember Kleven seconded to approve
RESOLUTION NO. 2012-29 Expressing Appreciation for the Donation from David Grass in
Support of the City's Health Insurance Program.
Motion passed unanimously.
7e. REPORT FROM CENTENNIAL MEMORIAL AMPHITHEATER
FUNDRAISING COMMITTEE
Dr. Duane Orn reported on the Centennial Memorial Amphitheater Fundraising Committee,
describing the features they recommend the memorial amphitheater incorporate. He indicated
the tax deductible donations would be made to the City. Dr. Orn presented the Committee's
revenues and expense balance sheets, and budget report. Since this Committee is a
subcommittee to the Centennial Committee, which has completed its work, they recommend the
City Council enable a special Task Force to complete fundraising efforts.
The Council extended its appreciation to Dr. Orn and this volunteer Committee for its Work and
involvement with the Centennial Committee.
Mayor Willson disclosed that he has purchased a brick paver for this effort in memory of his
daughter and urged others who would like to contribute to purchase paver bricks as well.
Councilmember Lasman moved and Councilmember Ryan seconded to accept the report from
the Centennial Memorial Amphitheater Fundraising Committee.
Motion passed unanimously.
8. PUBLIC HEARINGS
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8a. 2012 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM
City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of
the proposed resolution.
Assistant City Manager/Director of Building and Community Standards Vickie Schleuning
described the Community Development Block Grant (CDBG) Program and its purpose. She
reviewed how the 2011 CDBG allocation of$171,014 was distributed and indicated the City's
2012 CDBG allocation is $211,641. Ms. Schleuning recommended the following distribution:
Senior Community Services H.O.M.E. Program $14,600 (requested $15,000); Community
Emergency Assistance Program (CEAP) Senior Service Program $10,470 (requested $15,000);
City of Brooklyn Center Neighborhood Stabilization/Code Enforcement $150,000 (requested
$150,000); HOME Line Tenant Advocacy Program $6,670 (requested $7,968); and, Home
Rehabilitation Program $29,901 (requested$23,088).
Ms. Schleuning reviewed the types of services provided by the H.O.M.E. Program, CEAP,
HOME Line Tenant Advocacy Services, and Neighborhood Stabilization/Code Enforcement
Program. She summarized the allocation as being 15% towards non-profit organization;
$150,000 for neighborhood revitalization/code enforcement; and $29,901 for the Hennepin
County home rehabilitation loan program.
Deb Taylor, Chief Operating Officer of Senior Community Services, and Barb Jensen, H.O.M.E.
Friends Program Boardmember, presented the request of H.O.M.E. and described the
organization's mission to allow seniors to remain in their homes and increase home values.
Byron Laher, Executive Director of CEAP, thanked the Council for its past support and
described the programs they offer to Brooklyn Center's residents, focusing on those over 80
years of age.
Samuel Spade, attorney with the HOME Line Tenant Advocacy Program, explained they provide
a free hotline for the City's tenants to provide free legal advice, saving legal costs, and
preventing evictions.
Mr. Boganey explained the Home Rehabilitation Loan Program services are administered by
Hennepin County.
Councilmember Lasman moved and Councilmember Ryan seconded to open the Public Hearing.
Motion passed unanimously.
No one addressed the Council.
Councilmember Kleven moved and Councilmember Lasman seconded to close the Public
Hearing.
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Motion passed unanimously.
1. RESOLUTION NO. 2012-30 APPROVING PROJECTED USE OF FUNDS
FOR 2012 URBAN HENNEPIN COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM, AUTHORIZING
SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN
COUNTY AND ANY THIRD PARTY AGREEMENT
Councilmember Myszkowski stated she would abstain from the action on funding allocation
since she sits on the CEAP Board.
Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION
NO. 2012-30 Approving Projected Use of Funds for 2012 Urban Hennepin County Community
Development Block Grant Program, Authorizing Signature of Subrecipient Agreement with
Hennepin County and any Third Party Agreement.
Councilmember Myszkowski abstained from the same. Motion passed.
9. PLANNING COMMISSION ITEMS
9a. PLANNING COMMISSION APPLICATION NO. 2012-001 SUBMITTED BY THE
CITY OF BROOKLYN CENTER. REQUEST TO AMEND THE CITY OF
BROOKLYN CENTER'S 2030 COMPREHENSIVE PLAN UPDATE BY
CHANGING "OS-OFFICE/SERVICE BUSINESS" LAND USE DESTINATION
TO MIXED USE-OSA (OFFICE-SERVICE BUSINESSANDUSTRIAL) FOR THE
PROPERTY LOCATED AT 4001 LAKEBREEZE AVENUE (AND GENERALLY
LOCATED AND BOUND BY AZELIA AVENUE TO THE WEST,
LAKEBREEZE AVENUE TO THE NORTH, AND HIGHWAY 100 TO THE
EAST AND SOUTH).
Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission
Application No. 2012-001, an amendment to the City's 2030 Comprehensive Plan by changing
the land use of the former Northwest Athletic Club/Lifetime Fitness property located at 4001
Lakebreeze Avenue North along with the former Denny's Restaurant site, from OS-.
Office/Service Business to Mixed Use-OS/1 Office-Service Business/Industrial. The goal is to
combine the two parcels for development purposes. Mr. Benetti advised the Planning
Commission conducted a public hearing at its January 26, 2012, meeting and recommends
approval of the proposed amendment to the City's 2030 Comprehensive Plan Update.
The Council thanked staff for its thorough report and indicated its support, noting this is the first
step to redevelopment of this property.
1. RESOLUTION NO. 2012-31 APPROVING AN AMENDMENT TO THE
2030 COMPREHENSIVE PLAN FROM OS-OFFICE/SERVICE BUSINESS
TO MIXED USE OS/I — OFFICE-SERVICE BUSINESS/INDUSTRIAL,
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RELATIVE TO THE COMMERCIAL ZONED LAND GENERALLY
LOCATED IN THE SOUTHWEST QUADRANT OF THE CITY,
BOUNDED BY AZELIA AVENUE TO THE WEST, LAKEBREEZE
AVENUE TO THE NORTH AND HIGHWAY 100 TO THE EAST AND
SOUTH OF THE PROPERTY (FORMER NW ATHLETIC
CLUB/LIFETIME FITNESS SITE—4001 LAKEBREEZE AVENUE)
Councilmember Kleven moved and Councilmember Ryan seconded to adopt RESOLUTION
NO. 2012-31 Approving an Amendment to the 2030 Comprehensive Plan from OS-
Office/Service Business to Mixed Use OS/I — Office-Service Business/Industrial, Relative to the
Commercial Zoned Land Generally Located in the Southwest Quadrant of the City, Bounded by
Azelia Avenue to the West, Lakebreeze Avenue to the North and Highway 100 to the East and
South of the Property (Former NW Athletic Club/Lifetime Fitness Site — 4001 Lakebreeze
Avenue)
Motion passed unanimously.
10. COUNCIL CONSIDERATION ITEMS
10a. MAYORAL APPOINTMENT OF MEMBER TO SERVE AS ALTERNATE
COMMISSIONER ON SHINGLE CREEK AND WEST MISSISSIPPI
WATERSHED MANAGEMENT COMMISSION
Mayor Willson offered and requested confirmation of his recommendation for appointment.
Councilmember Lasman moved and Councilmember Ryan seconded to ratify the Mayoral
appointment of Ellen Davis, 5301 Russell Avenue N., #206, as Alternate Commissioner to the
Shingle Creek and West Mississippi Watershed Management Commissions with a term to expire
January 31, 2015.
Motion passed unanimously.
10b. MAYORAL APPOINTMENT OF MEMBER TO SERVE ON PLANNING
COMMISSION
Mayor Willson offered and requested confirmation of his recommendation for appointment.
Councilmember Ryan moved and Councilmember Myszkowski seconded to ratify the Mayoral
appointment of Scott Burfeind, 5043 Drew Avenue N., to the Planning Commission with a term
to expire December 31, 2013.
Motion passed unanimously.
10c. HEARING FOR NELIA SCHAFF REGARDING RENTAL PROPERTY
LOCATED AT 7018 BROOKLYN BOULEVARD
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Ms. Knutson advised that City Code Section 12-901 (9) requires that rental properties remain
current with property taxes and City utilities during the term of the rental license and an
application of relief had not been made. She presented the history of action taken relating to
7018 Brooklyn Boulevard, an apartment complex consisting of one building with eight units and
advised of the number of days the taxes and utilities have remained unpaid for this property. It
was noted that since 2008,there had been no delinquencies for this property.
Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing.
Motion passed unanimously.
Nelia Schaff, 1551 Woodside Court NE, Fridley, MN, owner of 7018 Brooklyn Boulevard,
testified the reason for paying taxes late is having a 50% vacancy and she made an honest
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mistake thinking the payment was not required until January 30, 2012. Ms. Schaff stated she has
made payment in full on the taxes but it was submitted after the deadline. With regard to utility
payments, she indicated she had not yet received the bill.
Thomas Schaff, 1551 Woodside Court NE, Fridley, MN stated he manages the building and has
been working with Investigator Becky Boie to conduct background checks on potential renters;
however, you are not able to check those under 18 years old or those the renter may allow to
move in. He explained the 50% vacancy resulted because they have been working with the
Police Department and evicted undesirable tenants. Mr. Schaff assured the City Council the
taxes were paid, though too late so penalties/interest remained, and those costs plus the water bill
will be paid this week during the grace period. He described the improvements they have made
to the property and stated they have found the ARM meetings helpful in teaching them how to
find good tenants.
Mr. Boganey asked Mr. Schaff to provide the City Clerk with the correct mailing address for the
utility billing.
Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing.
Motion passed unanimously.
Ms. Knutson explained a suspension can be up to 90 days and once met, the owner does not need
to reapply for a rental license, it would just continue. A revocation can be imposed up to one
year and would require a reapplication. She indicated if a unit is vacant or vacates during the
suspension or revocation term it cannot be filled; however, current tenants are allowed to remain.
City Attorney Charley LeFevere advised that is correct, tenants are allowed to remain in
residence and even though not licensed, the property owner is still obligated to comply with all
provisions of the Code.
Mayor Willson indicated support to consider a suspension of the license until the taxes and
utility bills are paid in full and then the City Council can consider whether to forgive the
suspension. Mr. LeFevere advised that is a viable option and since staff comes to this hearing
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without prejudging the City Council's action, findings have not been prepared. If directed, staff
will prepare findings for the City Council's consideration at the next meeting and by that date it
will be known whether payment has been made.
Councilmember Ryan stated he would be inclined to support Mayor Willson's suggestion given
the property owners have evicted tenants in cooperation with and based on the recommendation
by the Police Department, which put them in a cash flow situation.
Councilmember Lasman stated she is willing to consider suspension since this property does not
have a history of delinquencies. She stated she hopes this fair and somewhat lenient action
would result in the property owners assuring all future payments are made on time so they are
not found to be in a delinquent situation again.
Mayor Willson noted this applicant indicated they have been working with the Police
Department but should things go awry he would be inclined to be less lenient.
Councilmember Myszkowski stated she is in agreement with her colleagues and was impressed
by the relationship and connection between the property owners and the Police Department and
the community. She stated that the property owners care for their tenants so she finds a
suspension to be a fair solution.
Councilmember Kleven stated support for a suspension up to 90 days so the property owners can
get their bills paid.
Mayor Willson moved and Councilmember Lasman seconded to direct staff to prepare a
resolution with findings of fact for a suspension of the rental license for property located at 7018
Brooklyn Boulevard for up to 90 days, suspending it upon payment of taxes and utilities, for
consideration at the February 27, 2012, Council meeting.
Motion passed unanimously.
10d. HEARING FOR COMMERS-CLOVER II LLP REGARDING RENTAL
PROPERTY LOCATED AT 6331, 6401, AND 6425 BEARD AVENUE NORTH;
AND 340147'AVENUE NORTH
Ms. Knutson advised that City Code Section 12-901 (9) requires that rental properties remain
current with property taxes and City utilities during the term of the rental license and an
application of relief had not been made. She presented the history of action taken relating to
6331, 6401, and 6425 Beard Avenue North, an apartment complex comprised of three buildings
with 36 units, and advised of the number of days the taxes and utilities have remained unpaid for
this property. Ms. Knutson indicated the other property owned by Commers-Clover, 3401 47`"
Avenue N., is an apartment complex comprised of one building with 22 units. She presented the
history of action taken relating to this property and advised of the number of days the taxes and
utilities have remained unpaid for this property.
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Ms. Knutson advised that the rental license for these properties has expired. Application for
renewal was made; however, cannot be processed due to delinquent property taxes and utilities.
Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing.
Motion passed unanimously.
Scott Clover, Clover Management, 4571 Trading Post Trail S., Afton, stated he has owned these
properties since 1996. He described the problems that resulted when his property manager came
down with Multiple Sclerosis and the property fell into disrepair and units were rented to
undesirable tenants. Mr. Clover explained when this situation became evident a year ago, he
hired Bob Wolf as the new property manager. Since that time, Mr. Wolfe has inspected the
property, evicted undesirable tenants, and hired maintenance staff to complete the repairs. Mr.
Clover stated all of his resources have gone to correcting violations but he can pay taxes and
utilities by the next Council meeting if he can get an approval of a loan or cash in 401K funds.
Bob Wolf, new property manager, reported on the findings of his extensive inspections,
corrections made, and vacancy rates. He stated his projection for cash flow and vacancy to have
both properties at 100% occupancy within one year. However to do so, they need the ability to
rent vacant units so adequate revenue is generated to complete improvements.
Councilmember Ryan asked Mr. Clover if his cash flow is adequate to keep taxes and utilities
current. Mr. Clover assured the City Council he has adequate resources and noted there has
never been a lack of rental traffic in Brooklyn Center but the issue is that his past property
manager had rented to undesirable tenants, resulting in nonpayment of rent and an atmosphere
that drove out good tenants. Councilmember Ryan asked Mr. Clover if he was able to make
payment in the next two weeks. Mr. Clover stated he would certainly try but would ask until
March 15, 2012.
Councilmember Kleven asked if there are on-site managers. Mr. Wolf answered in the
affirmative and stated they are now doing a good job.
Councilmember Lasman asked if the property owners and managers attend ARM meetings. Mr.
Clover stated he is employed full-time as a property manager so he cannot attend day time ARM
meetings. He stated they use Rental Research as part of the application process to do criminal
background checks and Mr. Wolfe's application process is more thorough.
Councilmember Kleven asked about police calls to the property. Mr. Wolf stated there were
some police calls in the past, before he became involved, but the number is now extremely low.
Mr. Clover stated some of the calls from tenants relate to seeing someone in the parking lot who
does not belong or a loud stereo.
Mr. Clover stated he is sorry for the situation and has not had to come before a City Council
before tonight.
Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing.
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Motion passed unanimously.
Mayor Willson stated his support to direct staff to prepare findings of fact for a six-month
revocation for consideration at the next Council meeting, at which time it can also be determined
whether taxes and utilities have been paid.
Councilmember Kleven concurred and stated the current managers should be required to attend
ARM meetings, which would be beneficial. Mayor Willson noted that is a requirement for rental
properties. Mr. Clover stated they will require their property managers to attend the ARM
meetings if that is the direction of the Council.
Councilmember Ryan noted the ordinance does not allow issuing a rental license until the back
taxes and utilities are brought up to date. He asked if the property owner should be given the
opportunity to cure the delinquencies and operate the property in accordance with City standards.
He noted that a revocation will make it more difficult for the property owner to fill vacant units
to generate the cash needed.
Mayor Willson noted the City Council's action needs to be consistent, and this property owner
has violated the City's ordinances, its rental license, and is delinquent on both taxes and utilities.
Mayor Willson moved and Councilmember Lasman seconded (for discussion) to direct staff to
prepare a resolution for the next City Council meeting with findings of fact for a six-month
revocation of the rental license for property located at 6331, 6401, and 6425 Beard Avenue
North; and, 340147 th Avenue North.
Mr. Boganey clarified the rental license for this property has expired so the appropriate motion
may be for non-renewal. Mr. LeFevere concurred and noted the ordinance is not clear on this
point but a revocation could be considered and, if desired,the property owner could be eligible to
reapply after taxes and utilities are current.
Councilmember Ryan asked if the revocation could be forgiven if payment is made. Mayor
Willson stated if the motion for revocation is approved,then it would be for six months.
Mr. LeFevere stated there is need to specify the date after which the City will accept a xental
license. Mayor Willson noted that could be considered at the next meeting.
Councilmember Lasman suggested the motion be amended to call it "non-renewal" since in this
case there is not an active rental license. Mr. LeFevere stated staff will work out the language
but non-renewal will have the impact of a revocation with a date specified before which they
cannot apply and a date set when the revocation will end.
Motion passed unanimously.
10e. CONSIDERATION OF TYPE IV 6-MONTH RENTAL LICENSE FOR 6116
ALDRICH AVENUE NORTH
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Assistant City Manager/Director of Building and Community Standards Vickie Schleuning
advised that the owner of 6116 Aldrich Avenue North received a Type IV Rental License on
September 12, 2011, on condition of adherence to the Mitigation Plan and City ordinances. The
property would qualify for a Type II Rental License based on three property code violations and
zero validated police nuisance incidents. However, the property owner failed to meet the
conditions of the Type IV Rental License, specifically attending the Owners/Managers
Association (ARM) meetings, completing security improvements, and submitting monthly
updates. 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-
Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated
Staff has reviewed the Mitigation Plan, held discussion with the property owner, and
recommends approval of the continued Type IV Rental License in lieu of denial, revocation, or
suspension because the owner maintained the property in general compliance with property
codes, it allows for additional time to comply with the Mitigation Plan promoting long-term
compliance, and other penalties are provided by the process that are more effective than license
denial at this time.
Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing.
Motion passed unanimously.
No one addressed the Council.
Councilmember Kleven moved and Councilmember Lasman seconded to close the hearing.
Motion passed unanimously.
1. RESOLUTION NO. 2012-32 APPROVING A TYPE IV RENTAL LICENSE
FOR 6116 ALDRICH AVENUE NORTH
Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION
NO. 2012-32 Approving Type IV Rental License for 6116 Aldrich Avenue North.
Motion passed unanimously.
10f. CONSIDERATION OF TYPE IV 6-MONTH 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 November 28, 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 Action Plan,
specifically required attendance at ARM meetings and submittal of monthly updates. According
to City ordinances, if the requirements of the license category and Action Plan are not met, the
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license renewal category remains a Type IV. It was noted that the property was inspected and
one property code violation was cited with a weather deferral.
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, and
recommends approval of the continued Type IV Rental License in lieu of denial, revocation, or
suspension because the owner made improvements to the condition of the property, and other
penalties are provided by the process that seem to be more effective.
Councilmember Ryan moved and Councilmember Myszkowski seconded to open the hearing.
Motion passed unanimously.
Govan Singh, 9812 Ford Circle, St. Louis Park, owner of 6101 Xerxes Avenue N., stated he has
been the owner since 2001 and made an investment of over $5,000 to improve this property to
attract a good renter. He explained he has tried to follow the Mitigation Plan but been unable to
attend the required number of ARM meetings because he works full time. Mr. Singh asked the
Council to waive the $600 fine for renting without a license since he had made reapplication by
the required date when the rental license expired and was in the relicensing process. He stated he
will pay the $150 citation for not attending ARM meetings, plan accordingly to not miss more
ARM meetings, and submit the required monthly reports. Mr. Singh assured the City Council he
was doing the best he can, has owned this rental property for over 11 years, this is his only rental
property, and it is a great house.
Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing.
Motion passed unanimously.
1. RESOLUTION NO. 2012-33 APPROVING A TYPE IV RENTAL LICENSE
FOR 6101 XERXES AVENUE NORTH
Councilmember Ryan moved and Councilmember Myszkowski seconded to approve
RESOLUTION NO. 2012-33 Approving Type IV Rental License for 6101 Xerxes Avenue
North.
Councilmember Lasman noted this property had a delinquent utility bill, which is grounds for
revocation or suspension; however, staff is recommending continuing Type IV in recognition of
improvements made to the condition of the property. Mr. Singh explained that payment of
utilities is the renter's responsibility as part of the lease and he was not aware payment was
delinquent until he received notice from the City.
Mr. Boganey advised Mr. Singh of the process to appeal an administrative citation at an
administrative hearing.
Motion passed unanimously.
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10g. CONSIDERATION OF TYPE IV 6-MONTH RENTAL LICENSE FOR 5715
EMERSON AVENUE NORTH
Ms. Schleuning advised that the owner of 5715 Emerson Avenue North received a Type IV
Rental License on May 9, 2011, on condition of adherence to the Mitigation Plan and City
ordinances. The property continues to qualify for a Type IV Rental License based on 11
property code violations and one validated police nuisance incident. Further, the owner failed to
meet the conditions of the Type IV Rental License to attend 50% of the scheduled
Owners/Managers Association meetings, completing security improvements, submitting monthly
updates, and submitting the Crime Free Multi Ho usin g Certificate. 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.
Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated
Staff has reviewed the Mitigation Plan, held discussion with the property owner, and
recommends approval of a continued Type IV Rental License in lieu of license denial,
suspension, or revocation. No critical life safety hazards existed upon completion of the license
application process, and this recommendation would allow the landlord to continue to work on
long-term corrective measures as prescribed in the Mitigation Plan.
Councilmember Ryan moved and Councilmember Myszkowski seconded to open the hearing.
Motion passed unanimously.
No one addressed the Council.
Councilmember Ryan moved and Councilmember Lasman seconded to close the hearing.
Motion passed unanimously.
1. RESOLUTION NO. 2012-34 APPROVING A TYPE IV RENTAL LICENSE
FOR 5715 EMERSON AVENUE NORTH
Councilmember Kleven moved and Councilmember Lasman seconded to approve
RESOLUTION NO. 2012-34 Approving Type IV Rental License for 5715 Emerson Avenue
North.
Motion passed unanimously.
10h. CONSIDERATION OF TYPE IV 6-MONTH RENTAL LICENSE FOR 5828
FREMONT AVENUE NORTH
Ms. Schleuning advised that 5828 Fremont Avenue North was inspected and 11 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
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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, and recommends approval based on meeting standards
in the mitigation plan.
Councilmember Ryan moved and Councilmember Myszkowski seconded to open the hearing.
Motion passed unanimously.
Hamid Safdari, 11159 Hillsboro Court, Champlin, owner of 5828 Fremont Avenue North, stated
he has invested $10,000 to rehabilitate this property and it is his opinion that the City's inspector
had cited minor violations that resulted in staff's recommendation for a Type IV Rental License.
He suggested any house would have such minor issues and felt a"test of reasonableness" should
be applied to rental inspections. Mr. Safdari stated he would humbly suggest the City Council
consider a higher level license.
Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing.
Motion passed unanimously.
Councilmember Lasman moved and Councilmember Myszkowski seconded to approve a Type
IV Rental License for 5828 Fremont 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.
12. COUNCIL REPORT
Councilmember Myszkowski reported on her attendance at the following:
• February 11, 2012, District 279 Foundation Night Out Fundraiser
• February 12, 2012, ISAIAH Event with the Governor, several Commissioners, and
Metropolitan Councilmembers
Councilmember Ryan reported on his attendance at the following:
• January 27-28, 2012, League of Minnesota Cities conference for elected officials
• January 28, 2012, Town Meeting with local legislators
• February 6, 2012, Brooklyns Youth Council meeting
• February 8, 2012, Centennial Celebration Committee's final meeting
Councilmember Ryan welcomed newly elected Lin Myszkowski to the City Council and thanked
the Centennial Celebration Committee volunteers.
Councilmember Kleven reported on her attendance at the following:
• January 25, 2012, Open House at Panera Bread for FBI representatives
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• January 26, 2012, recognition for the late Gunner Bernards, former Brooklyn Center High
School Principal
• January 26, 2012, Planning Commission meeting
• January 27, 2012, League of Minnesota Cities conference for elected officials
• January 30, 2012, Official Canvass of the Special Election
• February 5, 2012, Waffle Breakfast at the Brooklyn Center High School
• February 6, 2012, Brooklyns Youth Council meeting
Councilmember Kleven welcomed Councilmember Myszkowski to the City Council and
congratulated the FBI on its new headquarters. She encouraged those interested to become
involved with painting the Mn/DOT highway sound wall mural and announced the February 12,
2012, open house for the Brooklyn Center Health Resource Center.
Councilmember Lasman reported on her attendance at the following:
• January 28, 2012, Town Meeting hosted by senators and representatives
• January 30, 2012, Canvassing of Special Election. She congratulated Lin Myszkowski on
her election to the City Council.
• February 8, 2012, final meeting of the Centennial Committee. She extended her appreciation
to all involved with the Centennial Committee.
Mayor Willson indicated he had nothing additional to report.
12. ADJOURNMENT
Councilmember Ryan moved and Councilmember Lasman seconded adjournment of the City
Council meeting at 10:02 p.m.
Motion passed unanimously.
02/13/12 -18-
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
February 13, 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 27, 2012, Regular
Session.
City Clerk Mayor
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