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HomeMy WebLinkAbout2012 10-08 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 OCTOBER 8, 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 6:52 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 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. Andrea Knodel, 6030 Aldrich Avenue N., stated she is representing her neighbors at 6036 Aldrich Avenue N. who received a formal complaint for having three dogs. She explained her neighbors have been reported twice for having three dogs but are not the only family in the neighborhood with three dogs. Ms. Knodel stated the Police Officer who responded indicated another inspection would be conducted in 30 days to determine whether the property was in compliance. Mayor Willson encouraged Ms. Knodel and her neighbors to review the City's ordinance so they are aware of the requirements. City Manager Curt Boganey explained the ordinance allows a maximum of two dogs in a household and the only way to resolve this issue is to revise the ordinance. The question that will be posed to the City Council is whether it supports changing the City's law. Mayor Willson stated this matter will be referred to staff, however, 30 days will expire before any action can be completed on an ordinance amendment, should that be the City Council's determination. Councilmember Kleven moved and Councilmember Lasman seconded to close the Informal Open Forum at 6:58 p.m. Motion passed unanimously. 10/08/12 -1- 2. INVOCATION Councilmember Ryan requested a moment of silence and personal reflection as the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor or Tim Willson at 7:00 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, 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, 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 I. September 24,2012—Study Session 2. September 24, 2012—Regular Session 6b. LICENSES MECHANICAL Applicant Installers of Minnesota 14105 Rutgers Street, Prior Lake Avid Heating & Cooling 7700 County Road 110 W, Minnetrista Dean's Professional Plumbing 7400 Kirkwood Court, Maple Grove Istel's Installation 2500 Hwy. 88, Suite 215, St. Anthony Northland Mechanical Contractors 9001 Science Center Drive,New Hope Patton Heating 589 Swan Lake Lane NW, Cedar RENTAL INITIAL (TYPE III—one-year license) 5748 Humboldt Avenue N. Danie Xiong INITIAL (TYPE H—two-year license) 10/08/12 -2- 6801 Dupont Avenue N. See Lee RENEWAL (TYPE III—one-year license) 6401 Scott Avenue N. Glenn and Mary Berscheit RENEWAL (TYPE II—two-year license) 5240 Drew Avenue N. Bradley Schumacher 6825-27 Noble Avenue N. Christian Vitale 1609 68th Lane N. Jeremy Ziegler 6315 Brooklyn Boulevard Raymond He 6649 Xerxes Place N. Lane Schwartz TOBACCO RELATED PRODUCT B &K Tobacco Sales, LLC 6840 Humboldt Avenue N. 6c. RESOLUTION NO. 2012-131 REJECTING BIDS, IMPROVEMENT PROJECT NO. 2012-10, EARLE BROWN AND OPPORTUNITY AREA STREET LIGHTING REPLACEMENT 6d. AMEND 2012 CITY COUNCIL MEETING SCHEDULE TO ADD SPECIAL SESSION FOR CITY MANAGER PERFORMANCE REVIEW ON OCTOBER 15,2012,AT 5:30 P.M. 6e. ALCOHOL COMPLIANCE AGREEMENTS 1. RESOLUTION NO. 2012-132 AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR GLOBAL KITCHEN, INC. DBA GLOBAL KITCHEN AT 6000 SHINGLE CREEK PARKWAY 2. RESOLUTION NO. 2012-133 AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR LENG KU FOR THE SUN FOODS STORE AT 6350 BROOKLYN BOULEVARD Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS - None. 8. PUBLIC HEARINGS 8a. ORDINANCE NO. 2012-06 RELATING TO CRIMINAL HISTORY BACKGROUND CHECKS FOR APPLICANTS FOR CITY EMPLOYMENT AND CITY LICENSES; AMENDING CITY CODE SECTIONS 6-125 AND 23-003,AND ADDING CITY CODE SECTION 23-003.5 City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance. This ordinance was first read on September 10, 2012, published in the 10/08/12 -3- official newspaper on September 20, 2012, and offered this evening for Public Hearing and second reading. Councilmember Kleven moved and Councilmember Myszkowski seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Kleven seconded to adopt ORDINANCE NO. 2012-06 Relating to Criminal History Background Checks for Applicants for City Employment and City Licenses; Amending City Code Sections 6-125 and 23-003, and Adding City Code Section 23-003.5. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS —None. 10. COUNCIL CONSIDERATION ITEMS 10a. MAYORAL APPOINTMENT OF MEMBER TO SERVE ON HOUSING COMMISSION Mayor Willson presented his nomination of David Johnson to the Housing Commission. Councilmember Lasman moved and Councilmember Ryan seconded to ratify the Mayoral nomination of David Johnson, 3500 Admiral Lane, to the Housing Commission with a term to expire December 31, 2013. Motion passed unanimously. 10b. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 7113 PALMER LAKE CIRCLE Assistant City Manager/Director of Building and Community Standards Vickie Schleuning advised that 7113 Palmer Lake Circle was inspected and nine property code violations were cited and ultimately corrected. This is a new rental license and the 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 10/08/12 4- 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. Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. No one wished to address the Council. Councilmember Lasman moved and Councilmember Myszkowski seconded to close the hearing. Motion passed unanimously. Councilmember Kleven moved and Councilmember Myszkowski seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 7113 Palmer Lake Circle, with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10c. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 4213 63RD AVENUE NORTH Ms. Schleuning advised that 4213 63`d Avenue North was inspected and 15 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. Councilmember Lasman moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. No one wished to address the Council. Councilmember Kleven moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Lasman seconded to approve the issuance of a 10/08/12 -5- Type IV six-month provisional rental license and mitigation plan for 4213 63`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. 10d. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 1600 71St AVENUE NORTH Ms. Schleuning advised that 1600 71s' Avenue North was inspected and nine 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. Councilmember Ryan moved and Councilmember Myszkowski seconded to open the hearing. Motion passed unanimously. N one wished to address th 0 o e Cou ncil. Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Myszkowski seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 1600 71s' 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. 10e. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5401 BROOKLYN BOULEVARD Ms. Schleuning advised that 5401 Brooklyn Boulevard was inspected and ten 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 10/08/12 -6- 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. No one wished to address the Council. Councilmember Ryan moved and Councilmember Lasman seconded to close the hearing. Motion passed unanimously. Councilmember Kleven moved and Councilmember Myszkowski seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5401 Brooklyn Boulevard with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10f. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5432 DUPONT AVENUE NORTH Ms. Schleuning advised that 5432 Dupont Avenue North wa s inspected and ten 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 1 regard to this rental license application and indicated Staff has reviewed that mitigation plan an d held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan. Councilmember Lasman moved and Councilmember Myszkowski seconded to open the hearing. Motion passed unanimously. No one wished to address the Council. Councilmember Ryan moved and Councilmember Myszkowski seconded to close the hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Myszkowski seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5432 Dupont Avenue North with the requirement that the mitigation plan must be strictly adhered to before a 10/08/12 -7- renewal rental license would be considered. Motion passed unanimously. 10g. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6913 TOLEDO AVENUE NORTH Ms. Schleuning advised that 6913 Toledo Avenue North was inspected and nine 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. Councilmember Ryan moved and Councilmember Myszkowski seconded to open the hearing. Motion passed unanimously. No one wished to address the Council. Councilmember Kleven moved and Councilmember Lasman seconded to close the hearing. Motion passed unanimously. Councilmember Myszkowski moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 6913 Toledo 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. 10h. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5925 WASHBURN AVENUE NORTH Ms. Schleuning advised that 5924 Washburn Avenue North was inspected and five property code violations were cited and ultimately corrected. There have been two 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. 10/08/12 -8- Councilmember Ryan moved and Councilmember Myszkowski seconded to open the hearing. Motion passed unanimously. No one wished to address the Council. Councilmember Ryan moved and Councilmember Myszkowski seconded to close the hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Lasman seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5925 Washburn 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. 11. COUNCIL REPORT Mayor Willson reported on his attendance at the following: • September 25, 2012, Dangerous Dog Hearing and consideration of three appeals • October 2, 2012, Minnesota Interfaith Open Forum on the separation of religion and State Councilmember Lasman reported on her attendance at the following: • October 1, 2012, Joint City Council/Financial Commission Work Session Councilmember Ryan reported on his attendance at the following: • September 19, 2012, Fire Department West Station Open House • October 1, 2012, Joint City Council/Financial Commission Work Session Councilmember Ryan indicated on October 9, 2012, he will attend a training session on property taxes and assessments for local elected officials hosted by the Minnesota Department of Revenue. He announced the Sixth Annual Riverdale Pumpkin Fest on October 14, 2012, the Joint City Council / Financial Commission Work Session on October 15, 2012, to address Enterprise Funds; and, encouraged residents to come out to vote and contact City Hall or its website if they have questions. Councilmember Kleven reported on her attendance at the following: • September 25, 2012, Multi-Cultural Advisory Committee Meeting • September 27, 2012, Brooklyn Center Business Association Luncheon • October 1, 2012, Joint City Council/Financial Commission Work Session • October 4, 2012, Town Hall Meeting hosted by the Minnesota Department of Revenue • October 5, 2012, Author Talk Series at the Library 10/08/12 -9- Councilmember Kleven reported the Earle Brown Heritage Center hosted 105 weddings in 2012, a new record. She commented on the newly installed playground equipment at Happy Hollow Park, the Best Buy mobile store is now open, Taco Bell is not yet open but hiring, and that Random Acts of Kindness will be recognized at the October 22, 2012, City Council meeting. Councilmember Kleven announced the Cancer Society Angel Foundation will be located at the Four Seasons Mall and holding its five-day sale that starts on Saturday. Councilmember Myszkowski reported on her attendance at the following: • September 25, 2012, Multi-Cultural Advisory Committee Meeting • September 27, 2012, Brooklyn Center Business Association Luncheon • September 29, 2012, Fire Department West Station Open House • October 1,,2012, Joint City Council/Financial Commission Work Session • October 7,2012, Minnesota Interfaith Open Forum on the separation of religion and State 12. ADJOURNMENT Councilmember Kleven moved and Councilmember Ryan seconded adjournment of the City Council meeting at 7:52 p.m. Motion passed unanimously. 10/08/12 -10- 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 October 8, 2012. 2. That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall. Y t3' 3. That the City Council adopted said minutes at its October 22, 2012, Regular Session. JWWP l/V City Clerk Mayor 10/08/12 -11-