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Home My WebLink About2012 02-27 CCM Regular Session i 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 27, 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, 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, Police Chief Kevin Benner, Fire Chief Lee Gatlin, Assistant City Attorney Corrine Heine, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Eric Poehler, 4201 Winchester Lane, explained he and his fianc6, who lives in Eagan, purchased another home so he has placed his Brooklyn Center home into a Special Needs Trust and plans to rent it to his niece and her husband. Mr. Poehler indicated he has always been a good citizen, paid his utilities and taxes on time, and requested that the City Council waive the conversion and licensing fees of$900 so he can concentrate on putting money into the Trust. Paul Fusco, P.O. Box 29321, announced that a grass-roots group called "Friends of Palmer Lake Park" is organizing in an effort to monitor birds and catalogue plants and trees. He indicated they were also interested in cleaning the park and removing invasive species. Councilmember Lasman moved and Councilmember Myszkowski seconded to close the Informal Open Forum at 6:55 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Ryan requested a moment of silence and personal reflection as the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING 02/27/12 -1- 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, Lin Myszkowski, 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, Police Chief Kevin Benner, Fire Chief Lee Gatlin, Assistant City Attorney Corrine Heine, 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, with amendments to Subdivision 4 of Resolution No. 2012-35, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. February 13, 2012—Study Session 2. February 13, 2012—Regular Session 3. February 13, 2012—Work Session 6b. LICENSES LIQUOR—CLASS D ON-SALE INTOXICATING AND SUNDAY Brooklyn Center Investment Group, Inc. dba Mr. BBQ and the Voodoo Lounge 2101 Freeway Boulevard 1-Conditions: submittal of copy of food license and issuance of Certificate of Occupancy LIQUOR—2 A.M. CLOSING Brooklyn Center Investment Group, Inc.l dba Mr. BBQ and the Voodoo Lounge 2101 Freeway Boulevard 1-Conditions: submittal of copy of food license and issuance of Certificate of Occupancy MECHANICAL Bauerfeind Goedtel 15760 Acorn Trail, Faribault Otsego Heating & A/C 11 First Street NW, Osseo Priority Air Mechanical 27564 131st Street NW, Zimmerman Pronto Heating & A/C 7588 Washington Ave. S., Eden Prairie R B Heating and Air 20826 Austin Street NE, East Bethel RENTAL 02/27/12 -2- INITIAL (TYPE III—one-year license) 4903 Brooklyn Boulevard Passed w/Weather Deferral Raymond Glasser INITIAL (TYPE II—two-year license) 5632 Emerson Avenue N. Lisa Daher 7216 Fremont Avenue N. Passed w/Weather Deferral Adrian Jimenez 5525 Judy Lane Jamison Kohout RENEWAL (TYPE III—one-year license) 6819 Humboldt Avenue N. Raymond Charest RENEWAL (TYPE I—three-year license) 6000 Beard Avenue N. Victor Lindblom 6234 Brooklyn Boulevard Thomas Johnson 5425 Irving Avenue N. Passed w/Weather Deferral Nathan Pollock 5736 June Avenue N. Jackie and Gary Hempeck 4201 Lakeside Avenue#206 Germaine Pawelk 6c. RENTAL DWELLING LICENSE APPROVAL FOR PARTIAL OCCUPANCY AT GRANITE PEAKS 6d. RESOLUTION NO. 2012-35 ESTABLISHING THE BROOKLYN CENTER CENTENNIAL AMPHITHEATER FUNDRAISING TASK FORCE AND DEFINING DUTIES AND RESPONSIBILITIES 6e. ANNUAL REPORT ON FRANCHISE FEES Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. DEPARTMENT YEAR END REPORTS 1. FIRE DEPARTMENT Fire Chief Lee Gatlin thanked the City Council, Public Works Department, and Police Department for its support, Business Development for providing properties for training, and the members of the Fire Department who provide service to the City. Fire Chief Gatlin presented the Fire Department's 2011 annual report. The City Council thanked Fire Chief Gatlin for the thorough report, noting the many volunteers have resulted in a knowledgeable and skilled Fire Department. 02/27/12 -3- Councilmember Lasman moved and Councilmember Ryan seconded to receive the 2011 Brooklyn Center Fire Department year end report. Motion passed unanimously. 2. POLICE DEPARTMENT Police Chief Kevin Benner presented the Police Department's 2011 annual report. City Manager Curt Boganey asked if the increase in shoplifting is a result of increased reporting rather than increased activity. Police Chief Benner confirmed that is the case. Mr. Boganey asked whether the issue of prosecution of"johns" and street prostitution is a result of non-residents using locations in Brooklyn Center to conduct that type of activity. Police Chief Benner indicated that is correct and in most cases the business is initiated via the internet and many times results in a robbery. The City Council acknowledged the rise in burglaries, in large part as a result of copper theft. Police Chief Benner stated there is currently a bill before the State Legislature to require scrap yards to obtain identification which, if approved, will be a strong tool for enforcement. The City Council thanked Police Chief Benner for the annual report and the Police Department's great work for Brooklyn Center. The City Council recognized the effective mentoring program for newly hired officers and commended Fire Chief Gatlin and Police Chief Benner for working together on health-related calls, which greatly benefits the City. Councilmember Lasman moved and Councilmember Ryan seconded to receive the 2011 Brooklyn Center Police Department year end report. Motion passed unanimously. 8. PUBLIC HEARINGS -None. 9. PLANNING COMMISSION ITEMS -None. 10. COUNCIL CONSIDERATION ITEMS 10a. MAYORAL APPOINTMENT TO NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION Mayor Willson offered and requested confirmation of his recommendation for appointment. 02/27/12 -4- Councilmember Kleven moved and Councilmember Ryan seconded to ratify the Mayoral appointment of Rex Newman, 3107 61" Avenue N., to the Northwest Suburbs Cable Communications Commission with a term to expire December 31, 2012. Motion passed unanimously. 10b. RESOLUTION NO. 2012-36 MAKING FINDINGS OF FACT AND ORDER RELATING TO 7018 BROOKLYN BOULEVARD Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution to suspend the rental license for 7018 Brooklyn Boulevard until all payments are current in accordance with City Code, Section 12-901, Paragraph 9. Mayor Willson noted that since the February 13, 2012, public hearing, the property owner has paid in full the past due City utilities and delinquent property taxes. He indicated support to consider the resolution since it makes record of the delinquency and suspension. Councilmember Lasman noted the findings contained in the resolution indicate the rental license is suspended and will not be reinstated until all payments are paid in full in accordance with City Code, which has occurred. Councilmember Lasman moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2012-36 Making Findings of Fact and Order Relating to 7018 Brooklyn Boulevard. Motion passed unanimously. 10c. RESOLUTION NO. 2012-37 MAKING FINDINGS OF FACT AND ORDER RELATING TO 6331, 6401, AND 6425 BEARD AVENUE NORTH AND 340147 TH AVENUE NORTH Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution to make findings of fact and order revocation for six months the rental dwelling license issued to Commers Clover II LLP for 6331, 6401, and 6425 Beard Avenue North and 340147 1h Avenue N. He advised the delinquent utilities have been paid in full and staff received copies of checks to Hennepin County to pay delinquent property taxes in full. Councilmember Lasman noted the findings contained in the resolution indicate: "The rental licenses held by the Licensee for all dwellings at the subject properties are revoked for six months from the date of this Order. No application for new licenses shall be granted unless all payments are current in accordance with City Code, Section 12-901, Paragraph 9. No application for a new license will be accepted for processing until July 1, 2012." She noted the payments are now current so that has been remedied; however, if adopted a revocation will occur and the licensee cannot apply for a new license until July 1, 2012. 02/27/12 -5- Mr. Boganey stated that is correct and if the resolution is adopted, the license will remain revoked for a period of six months, even though the delinquency has been remedied. He explained that as the current ordinance is written, once the license is revoked the City Council may not consider approval of a new rental license until the full revocation period has expired. Councilmember Lasman moved and Councilmember Kleven seconded to approve RESOLUTION NO. 2012-37 Making Findings of Fact and Order Relating to 6331, 6401, and 6425 Beard Avenue North and 340147 1h Avenue North. Motion passed unanimously. 10d. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 2701 O'HENRY ROAD Assistant City Manager/Director of Building and Community Standards Vickie Schleuning advised that 2701 O'Henry Road was inspected and four property code violations were cited and ultimately corrected. There have been six validated police incidents/nuisance calls within the last 12 months. This property qualifies for a Type IV six-month provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan, held discussion with the property owner, and recommends approval based on meeting standards in the mitigation plan. The City Council acknowledged this had been a problem property but through the rental licensing process, was no longer in that condition. It was noted that consideration of a Type IV rental license allows time for the property owner to address the remaining items. Councilmember Lasman moved and Councilmember Kleven seconded to open the hearing. Motion passed unanimously. Latasha Finklea, 6752 Vicksburg Lane North, Osseo, prospective renter, stated she has had no priors, evictions, or criminal citations. Kathy Freitag, KMFP Properties LLC, property manager with 13 years of experience, explained the problems resulted from the past renter's four teenaged children, noting rental owners are not able to run criminal background checks on minors. Councilmember Kleven moved and Councilmember Lasman seconded to close the hearing. Motion passed unanimously. 02/27/12 -6- Councilmember Ryan moved and Councilmember Myszkowski seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 2701 O'Henry Road, with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Myszkowski reported on her attendance at the following: • February 15, 2012, Brooklyn Center Crime Prevention Program Board Meeting • February 21, 2012, Earle Brown Days Meeting • February 21, 2012, Housing Commission Meeting • February 24, 2012, met with representative of St. Alphonsus ISAIAH program Councilmember Ryan reported on his attendance at the following: • February 16, 2012, Finance Commission Meeting • February 25, 2012, Annual Legislative Breakfast • February 24, 2012, Brooklyns Night Out Against Homelessness Councilmember Kleven reported on her attendance at the following: • February 16, 2012, Planning Commission Meeting • February 25, 2012, Legislative Breakfast • February 21, 2012, Park and Recreation Commission Meeting • February 23, 2012, Open House for the Brooklyn Center High School Health Resource Center Councilmember Kleven thanked all who prayed for her daughter during her recent liver transplant and requested continued prayer for her recovery. Councilmember Lasman reported on her self-funded trip to Mesa, Arizona, during which she met with Mesa Vice Mayor Scott Summer, Mesa Councilmember Dina Higgins, Mesa Director of Public Outreach Ruth Giese, and Lindbergh Elementary School Principal Julie O'Shea to discuss diversity issues. She stated this topic will be discussed at tonight's Work Session and she hopes some of her ideas will be helpful to Brooklyn Center. Mayor Willson reported on his attendance at the following: • February 25, 2012, a local well-organized and meaningful ceremony during which two of the City's young individuals were inducted into the Boy Scouts 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:19 p.m. Motion passed unanimously. 02/27/12 -7- 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 27, 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 March 12, 2012, Regular Session. City Clerk Mayor 02/27/12 -8-