HomeMy WebLinkAbout2012 07-23 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
JULY 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, 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, 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.
No one wished to address the City Council.
Councilmember Lasman moved and Councilmember Myszkowski seconded to close the
Informal Open Forum at 6:47 p.m.
Motion passed unanimously.
2. INVOCATION
None.
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 Business and
Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Assistant City
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Manager/Director of Building and Community Standards Vickie Schleuning, Police Chief Kevin
Benner, Fire Chief Lee Gatlin, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off
Site Secretarial, Inc.
5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
6. APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Lasman moved and Councilmember Myszkowski seconded to approve the
Agenda and Consent Agenda, and the following consent items were approved:
6a. APPROVAL OF MINUTES
1. July 2, 2012—Joint Work Session w/Financial Commission
2. July 9, 2012-Study/Work Session
3. July 9,2012—Regular Session
6b. LICENSES
LIQUOR—OFF-SALE 3.2 PERCENT MALT LIQUOR
Walmart#5625 1200 Shingle Creek Crossing
MECHANICAL
Legacy Mechanical Services 9714 Woodcrest Court, Monticello
MS Universal Services 6785 Underwood Lane, Plymouth
Upland Heating and Cooling 308 SW 15th Street, Forest Lake
RENTAL
INITIAL (TYPE H—two-year license)
5815 Drew Avenue N. Andrew and Jessica Kuhn
4201 Lakeside Avenue #212 First House LLC
RENEWAL (TYPE III—one-year license)
6807 Humboldt Avenue N. C301 Raymond Charest
RENEWAL (TYPE H—two-year license)
Earle Brown Farm Apartments
1701 69th Avenue N. Sheldon Tysk
5412 Fremont Avenue N. Gary Anakkala
RENEWAL (TYPE I—three-year license)
Unity Place—7256 Unity Avenue N. CHDC Ltd. Partnership
1316 68th Lane N. Valerie Blount McKissack
7041 Willow Lane N. Sandra Hansen
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SIGNHANGER
Scenic Sign Corporation 828 South 5`h Street, Sauk Rapids
TOBACCO RELATED PRODUCTS
Family Dollar, Inc. Store #9267 6800 Humboldt Avenue N
Motion passed unanimously.
7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
7a. WELLNESS BY DESIGN AWARD
City Manager Curt Boganey introduced the item, noting Wellness by Design Worksite Awards
are presented in four award levels to Hennepin County worksites. He stated staff is proud to
have received this recognition and the banner received has been placed in City Hall.
Councilmember Lasman moved and Councilmember Ryan seconded to receive the Wellness by
Design Award.
Motion passed unanimously.
7b. LEAGUE OF MINNESOTA CITIES CITY OF EXCELLENCE AWARD
Mr. Boganey introduced the item and advised that the League of Minnesota Cities presented the
City of Excellence Award to Brooklyn Center, the only city over 20;000 in population to receive
this recognition as well as a monetary award of$1,000. He explained this award recognizes the
City's performance based rental inspection program, now a model used by other municipalities.
Mayor Willson presented the award to Police Chief Kevin Benner and Assistant City
Manager/Director of Building and Community Standards Vickie Schleuning. He stated the City
Council put a lot of hours into providing policy; however, City Manager Boganey and his office
successfully implemented the rental licensing program, as evidenced by receipt of this award and
other recognitions as well.
Councilmember Lasman moved and Councilmember Ryan seconded to receive the League of
Minnesota Cities City of Excellence Award.
Motion passed unanimously.
7c. RESOLUTION NO. 2012-100 EXPRESSING APPRECIATION FOR A
DONATION OF $1,000 FROM THE BROOKLYN CENTER ROTARY CLUB TO
BE USED TOWARDS THE PURCHASE OF A THERMAL IMAGING CAMERA
Mr. Boganey introduced the item and stated the purpose of the resolution to accept a charitable
contribution of$1,000 from the Brooklyn Center Rotary Club that will go towards the purchase
of a Thermal Imaging Camera for the Brooklyn Center Fire Department.
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Councilmember Lasman moved and Councilmember Myszkowski seconded to approve
RESOLUTION NO. 2012-100 Expressing Appreciation for a Donation of $1,000 from the
Brooklyn Center Rotary Club to be Used Towards the Purchase of a Thermal Imaging Camera.
Fire Chief Lee Gatlin explained how this equipment is used to enter smoke filled environments
to look for victims and reduce structural damage when fighting a fire. He stated the Fire
Department's appreciation to the Rotary Club.
Mayor Willson read the resolution in full.
Motion passed unanimously.
8. PUBLIC HEARINGS
8a. ORDINANCE NO. 2012-04 AMENDING ORDINANCE NO. 2010-12
REGARDING COUNCIL SALARIES FOR 2013-2014
City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of
the proposed ordinance to increase salaries for the Mayor and City Council by 3.0% for 2013 and
3.0% for 2014, as recommended by the Financial Commission.
Councilmember Ryan moved and Councilmember Lasman seconded to open the Public Hearing.
Motion passed unanimously.
No one wished to address the City Council.
Councilmember Kleven moved and Councilmember Ryan seconded to close the Public Hearing.
Motion passed unanimously.
Councilmember Lasman moved and Councilmember Ryan seconded to adopt ORDINANCE
NO. 2012-04 Amending Ordinance No. 2010-12 Regarding Council Salaries for 2013-2014.
Motion passed unanimously.
9. PLANNING COMMISSION ITEMS
9a. PLANNING COMMISSION APPLICATION NO. 2012-009 SUBMITTED BY RER
ACQUISITIONS, LLC, FOR PRELIMINARY PLAT OF FRANCE AVENUE
BUSINESS PARK ADDITION FOR THE PROPERTY LOCATED AT 4001
LAKEBREEZE AVENUE NORTH
Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission
Application No. 2012-009 and advised the Planning Commission recommended approval of the
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applications at its June 28, 2012, meeting. The request is to plat (combine) two separate parcels
that include the 7.4 acre former Northwest Athletic Club/Lifetime Fitness site and the adjacent
1.3 acre State of Minnesota/Mn/DOT excess right-of-way parcel into one larger redevelopment
parcel.
1. RESOLUTION NO. 2012-101 REGARDING THE RECOMMENDED
DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012-
009 —SUBMITTED BY RER ACQUISITIONS, LLC, FOR PRELIMINARY
PLAT OF FRANCE AVENUE BUSINESS PARK ADDITION FOR THE
PROPERTY LOCATED AT 4001 LAKEBREEZE AVENUE NORTH
Councilmember Ryan moved and Councilmember Myszkowski seconded to approve Planning
Commission Application No. 2012-101 Regarding the Recommended Disposition of Planning
Commission Application No. 2012-009, Submitted by RER Acquisitions, LLC, for Preliminary
Plat of France Avenue Business Park Addition for the Property Located at 4001 Lakebreeze
Avenue North.
Motion passed unanimously.
10. COUNCIL CONSIDERATION ITEMS
10a. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE
FOR TWIN LAKES MANOR,3305-3433 53RD AVENUE NORTH
Assistant City Manager/Director of Building and Community Standards Vickie Schleuning
advised that Twin Lakes Manor, 3305-3433 53`d Avenue North (310 units) was inspected and
1,034 (3.34/unit) property code violations were cited and ultimately corrected. There have been
131 (.42/unit) 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 items addressed within the mitigation plan addendum and actions taken in
regard to this rental license application. She 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, its addendum, and all applicable ordinances.
Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing.
Motion passed unanimously.
No one wished to address the City Council.
Councilmember Kleven moved and Councilmember Ryan seconded to close the hearing.
Motion passed unanimously.
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Councilmember Lasman moved and Councilmember Ryan seconded to approve the issuance of a
Type IV six-month provisional rental license and mitigation plan for Twin Lakes Manor, 3305-
3433 53`d 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.
10b. PROPOSED CHARTER AMENDMENT REGARDING WARD SYSTEM
Mr. Boganey introduced the item and described the proposed Charter amendments to Sections
2.02, Boards and Commissions; 2.03a, Elective Officers; 2.03b. Wards; and, 2.03c Redistrict
Procedures. The Charter Commission has requested, in accordance with State Law, to place this
question on the November 2012 ballot. Under State law, the City Council is required to adopt a
resolution, set a date for the election, and determine the ballot question. That resolution will be
presented to the City Council at its August 13, 2012, meeting.
Mayor Willson referenced the Charter Commission meeting minutes and e-mail from a Charter
Commissioner and asked whether the City Council had received proper notice from the Charter
Commission. City Attorney Charlie LeFevere advised that State Law does not specify a
procedure that an officer has to submit a certain document in a certain way. The City Manager
has communicated with the Charter Commission to assure the City has the proper form of
proposed Charter amendment approved by the Charter Commission and the meeting minutes
show the vote that was taken. Mr. LeFevere advised the Charter Commission has substantially
complied with the statutory requirements.
Mr. LeFevere noted August 24, 2012, is the last date for the City Council to act to get notice to
the Hennepin County Auditor for placement on the November 6, 2012, ballot. The Council is
required by law to call the election and determine the form of ballot question on which the voters
will act. Mr. LeFevere noted a Charter Commissioner had submitted a suggested form of
question he deemed appropriate but that is the decision of the City Council. The purpose of the
question is not to educate or characterize the Charter amendment in any particular way.
Mr. LeFevere advised the text of the amendment has to be published twice by the City and there
may be other additional efforts to educate the public on the text. The intent is to identify the
question clearly and differentiate it from other ballot questions at the same election. Mr.
LeFevere offered one form of question: "Shall the proposed new Charter amendment be
adopted?" Or, to make it clear that this amendment relates to the Brooklyn Center Charter
amendment: "Shall the Brooklyn Center Charter amendment requiring election of all City
Council Members by ward be adopted?"
The Council discussed the proposed Charter amendments and noted there are actually two
questions: election of City Council Members by ward; and, method that board and commission
membership is determined. Mr. LeFevere noted to assure the question is not misleading, it may
be better to state: "Should the Brooklyn Center Charter amendment be adopted?"
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The Council discussed how the question should be worded and agreement was reached that the
proposed Charter amendments all relate to a ward system change. It was noted that a Charter
Commissioner was not in attendance to address the issue. Mayor Willson offered wording
indicating: "Shall the Brooklyn Center Charter amendment establishing a ward system be
adopted?"
Councilmember Lasman supported using the word "change" to alert voters that the amendment
under consideration it is a change to the current Charter. She suggested wording such as: "Shall
the Brooklyn Center Charter be changed to require all Council Members to be elected by a ward
system?"
Mayor Willson and each Councilmember stated their support for the current system that allowed
those seeking office to campaign through the entire City, for the City's elected officials to
represent all Brooklyn Center residents, and be concerned with issues impacting all of its
citizens. It was noted a ward system may create an easier and less expensive process to
campaign in only one-quarter of the City; however, it is of benefit to the City's residents to be
represented by five members on the City Council as opposed to one ward member and an at-
large Mayor. In addition, a wards stem is more appropriate for larger cities/school districts
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where it is impossible to meet all of the residents and be aware of all issues of concern.
The Council acknowledged that the City's Charter is to the City what the Constitution is to the
United States of America so great care was appropriate when considering an amendment. It was
pointed out that the option of a ward system had been discussed by the Charter Commission
three times since 1973; however, the decision had been made each time that the current system
was best for the residents of Brooklyn Center. The City Council indicated it has had virtually no
input on the Charter Commission's consideration and while there has been no outcry from the
community addressing this issue, the Charter Commission has the prerogative to place this
question on the ballot and the public will have the final say in how it will be resolved.
Councilmember Lasman moved and Councilmember Ryan seconded to direct staff to prepare a
resolution accepting the Charter Commission recommendation and calling a special election
thereon.
Motion passed unanimously.
11. COUNCIL REPORT
Councilmember Ryan stated his report will be different as he has been on vacation. He
commented that all are socked with the Aurora, Colorado, incident and hoped that going forward
our local and national leaders can focus on constructive approaches to making our communities
safer. He encouraged all to devote some time to moments of prayer and silent reflection.
Councilmember Myszkowski reported on her attendance at the following:
• July 10, 2012, Willow Lane Park Neighborhood Meeting
• July 11, 2012, Delivered New Neighbor Welcome Bags
• July 13, 2012, Relay for Life at Brooklyn Center High School
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• July 17, 2012, Earle Brown Days Board of Directors
• July 17, 2012, Housing Commission Discussion
• July 17, 2012, Visit to the Family Services Center Construction Center
Councilmember Myszkowski reminded all to vote in the primary election, which occurs in three
weeks, and clarified there has been no change in the voter identification process for this year.
Councilmember Kleven reported on her attendance at the following:
• July 10, 2012, Willow Lane Neighborhood Meeting
• July 11, 2012, ARM Meeting
• July 13, 2012, Relay for Life
• July 14, 2012, Kathy's Garden Block Party
• July 18, 2012, Clean Marlin Park
• July 21,2012, St. Alphonsus Fun Fair
Councilmember Kleven announced that Taco Bell was demolished and will be rebuilt on the
same site. She invited those interested to help deliver new neighbor welcome bags this
Wednesday. Councilmember Kleven announced the July 28, 2012, soccer tournament and other
activities at the Brooklyn Center High School to celebrate the Liberian Independence Day;
August 4, 2012, Stop the Violence Community Celebration; and, August 6, 2012,National Night
Out Kick Off Party at Centennial Park.
Councilmember Lasman reported on her attendance at the following:
• July 10, 2012, Willow Lane Park Neighborhood Meeting
• July 17, 2012, Brooklyn Center Community Band Concert
• July 18, 2012,Northwest Hennepin County Services Luncheon Meeting
• July 18,2012, Crime Prevention Program Meeting
Councilmember Lasman, Crime Prevention Liaison, announced the August 6, 2012, National
Night Kick Off Party in Centennial Park where all are invited and many events will be offered.
Mayor Willson noted he will be attending an out-of-town training so Mayor Pro Tem Lasman
will do the formal welcome.
Mayor Willson reported on his attendance at the following:
• July 10, 2012, Willow Lane Park Neighborhood Meeting
• July 14, 2012, Kathy's Garden Block Party
Mayor Willson announced that he and Councilmember Kleven will be attending the August 6,
2012, Local Board of Appeals training in St. Peter, Minnesota; the August 7, 2012, National
Night Out event that will include 100 block parties; and, that he has been asked to speak on
August 9, 2012, at the Shingle Creek Crossing Walmart soft opening and celebration of its 50`h
corporate year. Mayor Willson recounted his opportunity to fly in a B17G WWII aircraft on
July 15, 2012, and thanked WWII Veteran Jeffrey Delzer for offering him that invitation.
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12. ADJOURNMENT
Councilmember Kleven moved and Councilmember Ryan seconded adjournment of the City
Council meeting at 8:21 p.m.
Motion passed unanimously.
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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
July 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 August 13, 2012, Regular
Session.
City Clerk Mayor
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