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HomeMy WebLinkAbout2012 03-12 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 MARCH 12, 2012 CITY HALL—COUNCIL CHAMBERS 1. NF RMAL OPEN FORUM WITH CITY COUNCIL I O 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, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of Community Activities Jim Glasoe, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, 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, thanked the City Council for its support of the Open for Business Program and reported on Shop Local flyer mailings. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:48 p.m. Motion passed unanimously. 2. INVOCATION Pastor Rachel Morey, Brooklyn Mosaic United Methodist Church, 7200 Brooklyn Boulevard, offered 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 03/12/12 -1- Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Police Chief Kevin Benner, 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 Myszkowski seconded to approve the Agenda and Consent Agenda, as amended, to correct the Study Session minutes of February 27, 2012, and to remove Item 6c, Resolution Accepting Donations for the Centennial Memorial Amphitheater and Accepting Conditions, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. February 27, 2012—Study Session 2. February 27,2012—Regular Session 3. February 27, 2012—Work Session 6b. LICENSES MECHANICAL DEAL Maintenance & Mechanic 1568 143rd Lane NE,Ham Lake Hoffman Refrigeration and Heating 5660 Memorial Avenue N., Stillwater Joel Smith Heating& A/C, Inc. 13915 Lincoln Street NE, Ham Lake Kevin's Heating& Cooling 6474 20th Avenue S., Hugo Lofgren Heating and A/C 5708 Upper 147th Street W.,Apple Valley Uptown Heating& Cooling, Inc. 3110 Washington Avenue N., Minneapolis Yale Mechanical LLC 220 W. 81St Street, Bloomington RENTAL INITIAL (TYPE II—two-year license) 5321 Colfax Avenue N. John Svac 6925 Grimes Avenue N. Jan McCaugherty 5320 Humboldt Avenue N. Passed w/Weather Deferral Jacki Smith RENEWAL (TYPE III—one-year license) 6012 Pearson Drive Michael Haase RENEWAL (TYPE 11—two year license) 6813 Humboldt Avenue N., B302 Gilbert Gamino 03/12/12 -2- RENEWAL (TYPE I—three-year license) 4907 65" Avenue N. William Bjerke 1807 70''Avenue N. Passed w/Weather Deferral Rebecca Thomley 6626 Camden Drive Jeremy Ronnebaum Sutton 7215 Girard Avenue N Rebecca Thomley TOBACCO RELATED PRODUCT Regal Dollar and Tobacco, Inc. 615 66`n Avenue N. 6c. RESOLUTION ACCEPTING DONATIONS FOR THE CENTENNIAL MEMORIAL AMPHITHEATER AND ACCEPTING CONDITIONS This item was removed from the agenda. 6d. RESOLUTION NO. 2012-38 ACCEPTING BID AND AUTHORIZING AWARD OF CONTRACT, IMPROVEMENT PROJECT NO. 2012-05, CONTRACT 2012-E,2012 STREET SEAL COATING 6e. RENTAL DWELLING LICENSE APPROVAL FOR PARTIAL OCCUPANCY AT GRANITE PEAKS Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. CHARTER COMMISSION RECOMMENDATION Mr. Boganey introduced the item and reviewed the history. Councilmember Lasman moved and Councilmember Ryan seconded to table consideration of the Charter Commission recommendation until a member is available to present the recommendation. City Attorney LeFevere advised that by Roberts Rules of Order, a motion to table would necessitate a later motion to bring the item off the table. Other options were to reschedule consideration to a future meeting or direct staff to bring the item back when the Charter Commission can be represented at a meeting. Councilmember Lasman moved and Councilmember Ryan seconded to amend the motion to table to strike this item from the agenda and direct City staff to reschedule at the request of the Charter Commission. Amended motion passed unanimously. 03/12/12 -3- 7b. RESOLUTION NO. 2012-39 EXPRESSING RECOGNITION AND APPRECIATION OF TOM FIELDS FOR OVER 14 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER Mayor Willson read the resolution in full. Councilmember Kleven moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2012-39 Expressing Recognition and Appreciation of Tom Fields for over 14 Years of Dedicated Service to the City of Brooklyn Center. Motion passed unanimously. Mr. Fields stated his appreciation for the City and indicated he has been impressed with the spirit of excellence that is fostered by Brooklyn Center. The City Council and audience responded with a round of applause. 7a. CHARTER COMMISSION RECOMMENDATION—CONTINUED The City Council recognized the attendance of Charter Commission Chair Leino and reached consensus to hear the Charter Commission's recommendation. Stan Leino, Charter Commission Chair,presented the proposed language to Chapter 9 of the City Charter relating to eminent domain, which had been unanimously approved by the Charter Commission. He explained the position of the Charter Commission that the eminent domain process had not been addressed for years and the recommended revision would bring the language into alignment with State Statute. In addition, the recommendation includes a 60-day provision so the eminent domain proceedings could not go on indefinitely. City Attorney LeFevere advised that currently if the City were to initiate an eminent domain proceedings and then decide to withdraw, the City is able to stop the process and pay the costs and attorney's fees for the property owner. However, with the proposed 60-day provision, should the City initiate an eminent domain action and then decide to withdraw, it would be forced to go forward with the condemnation award, even if the public benefit is not great enough to justify the award. Under that scenario,the landlord is not likely to grant the City an extension. Another concern is that most times the eminent domain process cannot be completed within 60 days. Mr. Leino reported that some Charter Commissioners wanted the window to be smaller than 60 days and the most expansive interpretation was 120 days. He indicated if the City Council has a reservation about any specific number, it can be explored. City Attorney LeFevere described the two options the Charter Commission can bring forward a proposed amendment. 03/12/12 -4- The City Council thanked Chair Leino and members of the Charter Commission for their excellent service. It was noted that in the case of eminent domain, State law already restricts what the City can do. The question was raised why it is necessary for the Charter to reflect every change in State law. Chair Leino stated the Charter Commission does not respond to everything the Legislature considers but in this case, a subcommittee met and the language was drafted over three to four meetings. The consensus of the Charter Commission was concern that at some point the City may be perceived as overstepping its bounds. Chair Leino acknowledged he has not witnessed the City is "running amok" in condemning property but in consideration of condemnation actions of other cities the Charter Commission found the Charter language should be addressed. Chair Leino stated the Charter Commission did not have the City Attorney's opinion on the hamstringing of the City's ability resulting from a 60-day limitation. He indicated he would not want to tie the City's "hands" in the way described by City Attorney LeFevere but one could argue, from the land owner perspective, that it would require the City to maintain greater foresight in what it intends to do with eminent domain action. The City Council acknowledged it was not eager to exercise eminent domain but, at the same time, questioned whether it was good governance to tie the "hands" of future City Councils. The City Council also expressed concern with a 60-day limitation since the eminent domain process takes longer than 60 days and it could force the City into a position of having to pay an exorbitant price or purchase property that may no longer have public purpose. Mayor Willson stated his support to ask the Charter Commission to hold further discussion given the City Council's expressed concerns relating to impact with future negotiations and/or actions to determine whether common ground can be found. Chair Leino indicated that several members of the Charter Commission have already asked about certification timing to place this matter on the ballot. He stated the Charter Commission is scheduled to meet April 19, 2012, and he will place this issue on that agenda so they can revisit the 60 day issue. City Attorney LeFevere described the difference between a quick take procedure, which is the process most often used to acquire land since the condemnation law was amended in 2006, and exercising eminent domain that can take months or even years. He recommended staff draft a memorandum detailing the pros and cons of the recommended language. Mr. Leino stated it would be helpful if staff wants to provide as set of parameters and data with which to work. Mr. Boganey inquired regarding the status of another Charter item related to changes in State Law governing elections and how it relates to language in the City Charter. Chair Leino stated the Charter Commission took an affirmative vote in 2010 saying the language was not inconsistent with State law. Mayor Willson asked the Charter Commission to provide its opinion in writing so it can be removed from the City Council's table. 03/12/12 -5- Councilmember Lasman moved and Councilmember Kleven seconded to receive the report of the Charter Commission. vide the Charter Commission with pros and cons of the The City Council asked staff to pro p recommendation, consequences unintended or intended, test cases where eminent domain has moved forward with positive outcomes to provide a point of comparison, and a description of the 2006 amendments to condemnation law. Mr. Boganey noted the Statute appears to read that a motion to receive, whether the report or recommendation, triggers the scheduling of a public hearing in 30 days. City Attorney LeFevere clarified the language of the Statute indicates within one month of receiving a recommendation, the City has to publish notice of a public hearing and hold that public hearing at least two weeks but not more than one month from published notice. Chair Leino stated it was the intention of the Charter Commission that he make this recommendation tonight but in light of reservations expressed, he would like to go back to the Commission to keep the dialogue open. Mayor Willson indicated the City Council has received a recommendation from the Charter Commission and now has 30 days to publish a public hearing notice with the public hearing held within 30 days of publication. He stated the City Council would appreciate it if the Charter Commission's meeting was moved up to assure adequate time for continued dialogue. The City Council and Chair Leino discussed the process should the Charter Commission determine to modify its recommendation. Chair Leino noted in the past,the Charter Commission has withdrawn the first recommendation. City Attorney LeFevere concurred that would be the best outcome to continue dialogue and eliminate confusion with alternate versions since the public hearing notice must contain the proposed amendment text. Chair Leino noted it would require a two-step process to request a delay in consideration or withdraw the amendment, massage the language, and present a new recommendation that would then trigger the public hearing. He indicated they are scheduled to meet on April 19, 2012, but he will try to move up the meeting date. The motion passed unanimously. Mayor Willson voiced the City Council's respect and appreciation for the Charter Commission who serve the City as volunteers and put great thought into how the Charter is shaped. 8. PUBLIC HEARINGS 8a. PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL AND WEED REMOVAL COSTS City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the public hearing and resolutions. 03/12/12 -6- Assistant City Manager/Director of Building and Community Standards Vickie Schleuning recommended the two public hearings be held concurrently. She explained ained the draft resolutions would certify diseased tree removal and weed removal costs and as of tonight one written appeal had been received from 5841 Zenith Avenue N.; however, it was not valid because they are not the owners of the property. Ms. Schleuning indicated an amended levy roll had been provided that reflects several payments made since the last meeting. She described the City-facilitated abatements process and recommended appealed assessments be removed from the assessment roll and tabled to March 26, 2012,to allow time for staff investigation. Councilmember Lasman moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Thien Le, 6418 Kyle Avenue North, speaking on behalf of his father, stated their intention to appeal the assessment as they did not own the property at the time of the abatement. Julius James Martin, 6724 Dupont Avenue North, stated her intention to appeal the assessment as she did not own the property at the time of the abatement. Vadim Komishrchik, On Time Contractors, Inc., property manager for 5349 Sailor Lane, stated their intention to appeal the assessment because it resulted from a problematic tenant who had been evicted and the property now complied with all licensing requirements of the City. Etmira Pearl, 4900 Howe Lane, stated her intention to appeal the assessment as she did not own the property at the time of the abatement. Valery Gustafson read a prepared statement on behalf of Marcia Lovejoy, 6331 Bryant Avenue North, who was under medical treatment and unable to attend, indicating Ms. Lovejoy's intention to appeal the assessment based on financial hardship. Ger Vang, 7215 Riverdale Road, stated his sister's intention to appeal the assessment as the house was in foreclosure. Kim Mun Chew, 5510 France Avenue North, stated his intention to appeal the assessment as he did not own the property at the time of the abatement. Michael Parks, 3218 64th Avenue North, stated his intention to appeal the assessment based on the rationale that he is trying to create a sustainable lawn with a stronger root system. Hong Stran, 5324 63rd Avenue North, stated her intention to appeal the assessment as she did not receive the invoice. Ed Doll, 1201 57th Avenue North, stated his intention to appeal the assessment as the area cited is a rain garden. Councilmember Kleven moved and Councilmember Ryan seconded to close the Public Hearing. 03/12/12 -7- i Motion passed unanimously. Councilmember Kleven moved and Councilmember Myszkowski seconded to continue the public hearing to March 26, 2011, on the following properties that have been appealed: 6331 Bryant Avenue North, 6418 Kyle Avenue North, 6724 Dupont Avenue North, 5349 Sailor Lane, 4900 Howe Lane, 7215 Riverdale Road, 5510 France Avenue North, 3218 64th Avenue North, 5324 63rd Avenue North, 1201 57th Avenue North, and 5841 Zenith Avenue N. Motion passed unanimously. 1. RESOLUTION NO. 2012-40 CERTIFYING SPECIAL ASSESSMENT FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLL 2. RESOLUTION NO. 2012-41 CERTIFYING SPECIAL ASSESSMENT FOR WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLL Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2012-40 Certifying Special Assessment for Diseased Tree Removal Costs to the Hennepin County Tax Roll, with the exclusion of 6331 Bryant Avenue North; and adopt RESOLUTION NO. 2012-41 Certifying Special Assessment for Weed Removal Costs to the Hennepin County Tax Roll, with the exclusion of 6418 Kyle Avenue North, 6724 Dupont Avenue North, 5349 Sailor Lane, 4900 Howe Lane, 7215 Riverdale Road, 5510 France Avenue North, 3218 64th Avenue North, 5324 63rd Avenue North, 1201 57th Avenue North, and 5841 Zenith Avenue N. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS -None. 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6807 HUMBOLDT AVENUE NORTH C301 Ms. Schleuning advised that 6807 Humboldt Avenue North, C301 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 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. 03/12/12 -8- Councilmember Kleven moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. Morris Parker, attorney representing Raymond Charest, explained they had purchased this property in 2010 and problems with one tenant resulted in a number of Code issues that were resolved within 30 days of notice. He indicated the mitigation plan had been submitted and approved, the recommendations of Crime Prevention Specialist Boie have been completed, and monthly reports will be provided. Mr. Parker respectfully requested the City Council honor their request for a temporary license. Ulises Godinez, Prosperan Property Management, agent for Raymond Charest, was introduced. Mayor Willson stated the City Council's appreciation that the property owner took prompt action and was cooperative with City staff. Councilmember Lasman moved and Councilmember Ryan 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 6807 Humboldt Avenue North, C301, 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 4200 LAKEBREEZE AVENUE Ms. Schleuning advised the owner of 4200 Lakebreeze Avenue received a Type IV Rental License on October 24, 2011, on condition of adherence to the Action Plan. The property would qualify for a Type I Rental License; however, the owner has failed to comply with the Action Plan (required attendance at ARM meetings and submit 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 revealed two weather deferred violations. 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. Since this property owner has made improvements to the property, staff recommends approval based on meeting standards in the mitigation plan. Councilmember Kleven moved and Councilmember Myszkowski seconded to open the hearing. Motion passed unanimously. No one appeared to address the Council. 03/12/12 -9- Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. 1. RESOLUTION NO. 2012-42 APPROVING A TYPE IV RENTAL LICENSE FOR 4200 LAKEBREEZE AVENUE Councilmember Kleven moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2012-42 Approving a Type IV Rental License for 4200 Lakebreeze Avenue. Motion passed unanimously. 10c. RESOLUTION NO. 2012-43 REESTABLISHING VOTING PRECINCTS AND DESIGNATING POLLING PLACES FOR THE CITY OF BROOKLYN CENTER Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution to approve reestablishing voting precincts and designated polling places. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2012-43 Reestablishing Voting Precincts and Designating Polling places for the City of Brooklyn Center. Motion passed unanimously. 12. COUNCIL REPORT Councilmember Myszkowski reported on her attendance at the following: • March 1, 2012, City Council Orientation • March 3, 2012, City Council and Department Head Leadership and Team Building Retreat • March 5, 2012, Tour of FBI Regional Field Office Councilmember Ryan reported on his attendance at the following: • March 3, 2012, City Council and Department Head Leadership and Team Building Retreat • March 5, 2012, Tour of FBI Regional Field Office • March 7, 2012, Interviewed by Cable 19 on areas of progress in Brooklyn Center Councilmember Lasman reported on her attendance at the following: • March 3, 2012, City Council and Department Head Leadership and Team Building Retreat • March 5, 2012, Tour of FBI Regional Field Office 03/12/12 -10- Councilmember Kleven reported on her attendance at the following: • March 1, 2012, Planning Commission • March 3, 2012, City Council and Department Head Leadership and Team Building Retreat • March 5, 2012, Tour of FBI Regional Field Office • March 8, 2012, ARM Meeting Mayor Willson reported on his attendance at the following: • March 3, 2012, City Council and Department Head Leadership and Team Building Retreat • March 5, 2012, Tour of FBI Regional Field Office 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Lasman seconded adjournment of the City Council meeting at 8:57 p.m. Motion passed unanimously. 03/12/12 -11- 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 March 12, 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 26, 2012, Regular Session. City Clerk Mayor 03/12/12 -12-