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HomeMy WebLinkAbout2013 01-14 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 JANUARY 14, 20.13 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, Kris Lawrence-Anderson, 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, Planning and Zoning Specialist Tim Benetti, City Clerk Sharon Knutson, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, 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. Sylvia Winkelman, 6337 Orchard Avenue N., described the lease agreement between the Cities of Brooklyn Center and Crystal, and the Metropolitan Airports Commission (MAC) that had been instigated by the Brooklyn Center Conservation Commission in 1970 and resulted in MAC Park, a 47-acre environmentally sensitive educational/open space area that provides habitat to 236 species of wildlife. Ms. Winkelman described the damage resulting from flooding during the spring of 2012 and asked the City Council to support the formation of "Friends of MAC Park" and to work with Crystal and MAC to remedy the damage and find solutions to the flooding. Jo Roberts, 6066 Shingle Creek Parkway, expressed her concern related to the distribution of the City's annual CDBG allotment, in particular $150,000 to the Neighborhood Stabilization and Code Enforcement Program. She asked the City Council to consider a policy to encourage resident participation by holding public meetings in low-income neighborhoods. Councilmember Kleven moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:56 p.m. Motion passed unanimously. 2. INVOCATION 01/14/13 -l- As the invocation, Councilmember Ryan requested a moment of silence to contemplate the recent mass shooting at Sandy Hills Elementary School in Connecticut and as an expression of solidarity with those victims, families, and countless other victims of gun violence. 2a. ADMINISTER CEREMONIAL OATH OF OFFICE City Clerk Knutson administered the ceremonial Oath of Office to Councilmembers Lawrence- Anderson and 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 7:00 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, 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, 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 Ryan moved and Councilmember Myszkowski seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. December 10, 2012—Study Session 2. December 10, 2012—Regular Session 3. December 10, 2012—Work Session 6b. LICENSES BOWLING ALLEY AMF Bowling Centers, Inc. 6440 James Circle N. FIREWORKS—PERMANENT Big Lots 5930 Earle Brown Drive 01/14/13 -2- Cub Foods 3245 County Road 10 GASOLINE SERVICE STATION Christy's Auto Service 5300 Dupont Avenue N Holiday Stationstores, Inc. 420 66th Avenue N. Metropolitan Council 6845 Shingle Creek Parkway Perfect Car Wash#504 6849 Brooklyn Boulevard Royalty& Sons, Inc. 6044 Brooklyn Boulevard SuperAmerica#4058 1901 57th Avenue N. SuperAmerica#3192 6950 Brooklyn Boulevard SuperAmerica#4160 6545 West River Road Two Rivers Investment, Inc. 6840 Humboldt Avenue N. MECHANICAL Air Comfort Heating and A/C 19170 Jasper Street NW, Anoka Anderson Heating &A/C 1628 County Road 10, Spring Lake Park C O Carlson A/C Company 34492 nd Street N., Minneapolis Cool Breeze Mechanical 1568 Nebraska Avenue, St. Paul Liberty Plumbing Company 925 227th Avenue NW, Oak Grove Majestic Heating and Air 2030 Basswood Court,Rockford Ray Welter Heating Company 4637 Chicago Avenue, Minneapolis Toll Company 3005 Niagara Lane N., Plymouth United Heating &A/C 1295 Hackamore Road, Medina PUBLIC DANCE AMF Bowling Centers, Inc. 6440 James Circle N. RENTAL INITIAL (TYPE III—one-year license) 420762 nd Avenue N. Christopher Rasmussen 5119 66th Avenue N. Beverly Dahl 4101 701h Avenue N. Paul Pham 5314 71"Circle Abbas Ali 6844 Fremont Place N. Abideen Ajibola 5807 Girard Avenue N. McKevha Thomas 6837 Regent Avenue N. Oliver Nihart-Arango INITIAL (TYPE II—two year license) 3801 53rd Avenue N. David Michael 544772 nd Circle N. Joseph Ditto 5959 Camden Avenue N. Todd Havisto 4207 Lakeside Avenue#241 Belinda Reaves 7148 Newton Avenue N. Jerry Carter 6330 Orchard Avenue N. Mark Kohls 7012 Unity Avenue N. Shuxing (Mark) Sun 01/14/13 -3- RENEWAL (TYPE III—one-year license) 6700 Humboldt Avenue N. Sterling Square John Roder 5341-43 Penn Avenue N. Margery Schwab Missing CFHC 2813 66th Avenue N. Sufeng Zheng No Action Plan Submitted 1600 71"Avenue N. Pavel Sakurets 6807 Humboldt Avenue N. C 102 Raymond Charest RENEWAL (TYPE H—two year license) 5256 Twin Lake Boulevard E. Brian Somkhan 4213 63`d Avenue N. Bryan Friendshuh 5401 Brooklyn Boulevard Northport Properties 6731 Bryant Avenue N. Chuma Ikegwuani 5424 Fremont Avenue N. Bill McCrum 6807 Humboldt Avenue N. C201 Raymond Charest 6807 Humboldt Avenue N. C303 Raymond Charest 5024 Lilac Drive N. Carlos Balibrera 6830 Perry Avenue N. Ming Yao Zheng SECOND HAND GOODS DEALER Game Stop #535 6068 Shingle Creek Parkway TOBACCO RELATED PRODUCT B & K Tobacco Sales LLC 6840 Humboldt Avenue N. CVS Pharmacy#1683 5801 Brooklyn Boulevard Cub Foods 3245 County Road 10 Holiday Stationstores, Inc. 420 66th Avenue N. 6890 Shingle Creek Parkway Perfect Car Wash#504 6849 Brooklyn Boulevard Royalty& Sons, Inc. 6044 Brooklyn Boulevard SuperAmerica#4058 1901 57th Avenue N. SuperAmerica#3192 6950 Brooklyn Boulevard SuperAmerica#4160 6545 West River Road Walgreen's 6390 Brooklyn Boulevard 6c. RESOLUTION NO. 2013-01 DESIGNATING OFFICIAL NEWSPAPER 6d. RESOLUTION NO. 2013-02 DESIGNATING DEPOSITORIES OF CITY FUNDS 6e. RESOLUTION NO. 2013-03 APPOINTING BROOKLYN CENTER REPRESENTATIVES TO EXECUTIVE COMMITTEE AND/OR BOARD OF DIRECTORS OF THE BROOKLYN BRIDGE ALLIANCE FOR YOUTH, FIVE CITIES SENIOR TRANSPORTATION PROJECT, HENNEPIN RECYCLING GROUP, LOCAL GOVERNMENT 01/14/13 -4- INFORMATION SYSTEMS, NORTH METRO MAYORS ASSOCIATION, NORTHWEST HENNEPIN -HUMAN SERVICES COUNCIL, NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION, PETS UNDER POLICE SECURITY, PROJECT PEACE, TWIN LAKES JOINT POWERS ORGANIZATION, AND MINNEAPOLIS NORTHWEST CONVENTION AND VISITORS BUREAU 6f. RESOLUTION NO. 2013-04 APPOINTING MUNICIPAL TRUSTEES TO THE BROOKLYN CENTER FIREFIGHTERS RELIEF ASSOCIATION BOARD OF TRUSTEES 6g. RESOLUTION NO. 2013-05 RECOGNIZING THE CONTRIBUTIONS OF ETHNIC POPULATIONS AND HERITAGE CELEBRATIONS 6h. RESOLUTION NO. 2013-06 GRANTING CORPORATE AUTHORITY FOR TRANSACTION OF FINANCIAL BUSINESS MATTERS 6i. RESOLUTION NO. 2013-07 APPROVING A MASTER PARTNERSHIP CONTRACT BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF BROOKLYN CENTER 6j. APPROVAL OF SITE PERFORMANCE GUARANTEE REDUCTION FOR 7051 BROOKLYN BOULEVARD — CEAP/NORTHWEST FAMILY SERVICES CENTER 6k. APPROVAL OF SITE PERFORMANCE GUARANTEE REDUCTION FOR 4001 LAKEBREEZE AVENUE N—TWIN LAKES IV Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2013-08 EXPRESSING RECOGNITION AND APPRECIATION OF KARA KUYKENDALL FOR HER DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION AND THE PLANNING COMMISSION Mayor Willson read in full the resolution expressing recognition and appreciation to Kara Kuykendall. Councilmember Kleven moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2013-08 Expressing Recognition and Appreciation of Kara Kuykendall for Her Dedicated Public Service on the Housing Commission and the Planning Commission. Motion passed unanimously. 01/14/13 -5- 7b. RESOLUTION NO. 2013-09 EXPRESSING RECOGNITION AND APPRECIATION OF LEROYCE WALKER FOR HER DEDICATED PUBLIC SERVICE ON THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION Mayor Willson read in full the resolution expressing recognition and appreciation to LeRoyce Walker. Councilmember Ryan moved and Councilmember Kleven seconded to approve RESOLUTION NO. 2013-09 Expressing Recognition and Appreciation of LeRoyce Walker for Her Dedicated Public Service on the Northwest Hennepin Human Services Council Advisory Commission. Motion passed unanimously. 7c. RESOLUTION NO. 2013-10 EXPRESSING RECOGNITION AND APPRECIATION OF CHEREEN NORSTRUD FOR HER DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION Mayor Willson read in full the resolution expressing recognition and appreciation to Chereen Norstrud. Councilmember Myszkowski moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2013-10 Expressing Recognition and Appreciation of Chereen Norstrud for Her Dedicated Public Service on the Housing Commission. Motion passed unanimously. 7d. RESOLUTION NO. 2013-11 EXPRESSING RECOGNITION AND APPRECIATION OF KRIS LAWRENCE-ANDERSON FOR HER DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION Mayor Willson read in full the resolution expressing recognition and appreciation to Kris Lawrence-Anderson. Councilmember Kleven moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2013-11 Expressing Recognition and Appreciation of Kris Lawrence-Anderson for Her Dedicated Public Service on the Housing Commission. Motion passed unanimously. Kris Lawrence-Anderson expressed her appreciation for this recognition. 7e. RESOLUTION NO. 2013-12 EXPRESSING APPRECIATION FOR THE DONATIONS OF LUTHER AUTOMOTIVE GROUP IN SUPPORT OF YOUTH SOCCER 01/14/13 -6- Mayor Willson read in full the resolution expressing appreciation to Luther Automotive Group. Councilmember Ryan moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2013-12 Expressing Appreciation for the Donations of Luther Automotive Group in Support of Youth Soccer. Motion passed unanimously. Mayor Willson presented the resolution to Ms. Linda McGinty representing Luther Automotive Group. 8. PUBLIC HEARINGS 8a. KYLAWN PARK AREA IMPROVEMENTS Public Works Director/City Engineer Steve Lillehaug introduced the item, reviewed the background, and stated the purpose of the proposed Resolution to order the improvement and authorize preparation of plans and specifications for Improvement Project Nos. 2013-01, 02, 03, and 04. The second public hearing tonight will relate to the certification of special assessments for Improvement Project Nos. 2013-01 and 02. Mr. Lillehaug reviewed the public hearing process and indicated no appeals or objections had been received prior to tonight's meeting. Should an objection or appeal be received tonight, staff recommends that specific property be tabled to the next meeting. Mr. Lillehaug then presented the Kylawn Park Area Street, Storm Drainage and Utility Improvements. Mayor Willson noted with the 2008 project through his neighborhood he was impressed that the excavation at his driveway was filled to provide access. Mr. Lillehaug confirmed that residents will be able to access their driveway in the morning and evening and as needed during the day. Mr. Lillehaug presented the estimated project costs and budget, including the City's funding strategy. He noted the total project cost is $6,351,000 and funded via assessments (22% of the street and storm sewer cost), Water Utility, Sanitary Sewer Utility, Storm Drainage Utility, Street Light Utility, MSA Funds, and Street Reconstruction Fund. He displayed a map depicting the area of assessment and stated each single-family home will be assessed $4,851. He advised the church on Brooklyn Boulevard and duplex on June Avenue will be assessed on a front footage basis. The City property will not be assessed and the single-family resident on property that can be subdivided will be assessed at two units in conformance with past policy. Mr. Lillehaug presented special assessment payment options and the project schedule. Councilmember Ryan asked whether some cities assess the total project. Mr. Lillehaug indicated there is a range of what cities assess from 100% of the project costs to a lesser amount than assessed in Brooklyn Center. Councilmember Ryan moved and Councilmember Myszkowski seconded to open the Public Hearing. 01/14/13 -7- Motion passed unanimously. Ms. Rubinstein, 5812 Halifax Avenue North, asked whether the tree in her boulevard will be impacted and how much shorter her front yard will be as a result of the project. Mayor Willson asked staff to research that question and respond back to Ms. Rubinstein. Councilmember Kleven moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. 1. RESOLUTION NO. 2013-13 ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NOS. 2013-01, 02, 03, AND 04, KYLAWN PARK AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Councilmember Ryan moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2013-13 Ordering Improvements and authorizing Preparation of Plans and Specifications for Improvement Project Nos. 2013-01, 02, 03, and 04, Kylawn Park Area Street, Storm Drainage, and Utility Improvements Motion passed unanimously. 2. RESOLUTION NO. 2013-14 CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2013-01, AND 2012-02, KYLAWN PARK AREA STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS It was noted the purpose of the proposed resolution is to certify special assessments for the street and storm drainage improvements for Improvement Project Nos. 2013-01 and 02 to the Hennepin County Tax Rolls. Councilmember Ryan moved and Councilmember Myszkowski seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the City Council. Councilmember Ryan moved and Councilmember Kleven seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2013-14 Certifying Special Assessments for Improvement Project No. 01/14/13 -8- 2013-01 and 2012-02, Kylawn Park area Street and Storm Drainage Improvements to the Hennepin Count Tax Rolls. Motion passed unanimously. 8b. RESOLUTION NO. 2013-15 VACATING A SIREN EASEMENT, NUMBER 75811467, HENNEPIN COUNTY, MINNESOTA (6700 BROOKLYN BOULEVARD, LUTHER TOYOTA SITE) Mr. Lillehaug introduced the item, discussed the history, and stated the purpose of the proposed resolution to vacate certain easements pertaining to the site redevelopment in connection with the final plat approval of Brimar Second Addition, Luther Toyota Site located at 6700 Brooklyn Boulevard. It was noted the vacated easement would not be recorded until the City obtains a new siren easement. Councilmember Myszkowski moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the City Council Councilmember Ryan moved and Councilmember Myszkowski seconded to close the Public Hearing. Motion passed unanimously. Councilmember Myszkowski moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2013-15 Vacating a Siren Easement, Number 7581467, Hennepin County, Minnesota(6700 Brooklyn Boulevard, Luther Toyota Site). Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2012-022 SUBMITTED BY LUDMILA BRYSKINA. REQUEST FOR VARIANCE TO CITY CODE SECT. 35-111, THE EXPANSION OF A NON-CONFORMING STRUCTURE IN THE R- 1 (RESIDENCE ONE) DISTRICT, WHICH WOULD ALLOW THE APPLICANT THE ABILITY TO CONSTRUCT A PASSAGEWAY/TUNNEL BETWEEN AN EXISTING DWELLING AND DETACHED GARAGE, AND MAINTAIN A REDUCED SETBACK FOR THE GARAGE OF 18.3-FEET FROM THE REQUIRED 35 FEET. FRONT YARD SETBACK. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS DECEMBER 13,2012,MEETING 01/14/13 -9- Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2012-22 submitted by Ludmilla Bryskina for a variance to City Code Section 35-111, Non-Conforming Uses, located at 5601 Indiana Avenue North, to construct a passageway/tunnel between an existing dwelling and detached garage, and maintain a reduced setback for the garage of 18.3 feet from the required 35-foot front yard setback. He advised the Planning Commission unanimously recommended approval of the applications at its December 12, 2012, meeting, noting pre- and post-engineering will be required to address water drainage. Mr. Benetti answered questions of the City Council relating to the elevation of the basement, tunnel, and garage. 1. RESOLUTION NO. 2013-16 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012-022 SUBMITTED BY LUDMILLA BRYSKINA FOR APPROVAL OF A VARIANCE TO CITY CODE SECTION 35-111, NON-CONFORMING USES, LOCATED AT 5601 INDIANA AVENUE NORTH Councilmember Ryan moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2013-16 Regarding the Disposition of Planning Commission Application No. 2012-022 Submitted by Ludmilla Bryskina for Approval of a Variance to City Code Section 35-111,Non-Conforming Uses, Located at 5601 Indiana Avenue North. Motion carried unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. SELECT PRESIDING OFFICERS—MAYOR PRO TEM AND ACTING MAYOR PRO TEM Mayor Willson presented his recommended slate of officers. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to ratify the Mayor's nomination of Dan Ryan as Mayor/President Pro Tern and Carol Kleven as Acting Mayor/President Pro Tern for 2013. Motion passed unanimously. 10b. RESOLUTION NO. 2013-17 DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER Mayor Willson read in full the draft resolution and noted this is an annual declaration. Councilmember Kleven moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2011-17 Declaring Commitment to the Brooklyn Center City Charter. 01/14/13 -10- Motion passed unanimously. 10c. MAYORAL APPOINTMENTS OF CITY COUNCIL MEMBERS TO SERVE AS LIAISONS TO CITY ADVISORY COMMISSIONS AND AS CITY REPRESENTATIVE/VOTING DELEGATES FOR OTHER ORGANIZATIONS FOR 2013 Mayor Willson announced the following appointments to serve as liaisons to City Advisory Commissions and as City Representative/Voting Delegates for Other Organizations for 2013: Financial Commission Carol Kleven Housing Commission Lin Myszkowski Park and Recreation Commission Kris Lawrence-Anderson Crime Prevention Program Kris Lawrence-Anderson Earle Brown Days Committee Carol Kleven; Tim Willson Alternate League of Minnesota Cities Dan Ryan; Tim Willson—Alternate Metro Cities Tim Willson;Dan Ryan—Alternate North Hennepin Area Chamber of Commerce Dan Ryan Ad Hoc Youth Advisory Commission Lin Myszkowski Councilmember Ryan moved and Councilmember Myszkowski seconded to ratify the above Mayoral Appointments. Motion passed unanimously. 10d. MAYORAL REAPPOINTMENTS OF CITY ADVISORY COMMISSIONS Mayor Willson announced the following reappointments to City Advisory Commissions for 2013: Financial Commission (terms to expire December 31, 2015): Steve Landis and Dean Van Der Werf Park and Recreation Commission (terms to expire December 31, 2015): John Russell and Thomas Shinnick Planning Commission(terms to expire December 31, 2014): Sean Rahn and Stephen Schonning Northwest Suburbs Cable Communications Commission (term to expire December 31, 2013): Rex Newman Councilmember Myszkowski moved and Councilmember Kleven seconded to ratify the above Mayoral Appointments. Motion passed unanimously. 10e. MAYORAL APPOINTMENT OF MEMBER TO SERVE ON FINANCIAL COMMISSION 01/14/13 -11- Mayor Willson announced the appointment of Patricia Glenn, 6511 Humboldt Avenue North, #315,to the Financial Commission with a term to expire December 31, 2013. Councilmember Ryan moved and Councilmember Myszkowski seconded to ratify the above Mayoral Appointment. Motion passed unanimously. 10L CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 340147 AVENUE NORTH Assistant City Manager/Director of Building and Community Standards Vickie Schleuning advised that 3401 47th Avenue North was inspected and 103 (4.68/unit) property code violations were cited and ultimately corrected. There have been zero validated police incidents/nuisance calls within the last 12 months. It was noted the previous rental license under the former two- year license system was revoked by the City Council on February 27, 2012. 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. With regard to ARM attendance, Ms. Schleuning indicated staff can verify attendance; however, the date of attendance does not fall within the six-month license period so the property cannot qualify for a higher type of license during the next application period. Councilmember Ryan moved and Councilmember Myszkowski seconded to open the hearing. Motion passed unanimously. Bob Wulf, Beard Avenue Apartments, stated they received a weather deferral for repairs and asked the Council to recognize during the next license period that they had attended the January 10, 2013, ARM meeting. Councilmember Ryan moved and Councilmember Myszkowski 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 3401 47th 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. 01/14/13 -12- 10g. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6331-6401-6425 BEARD AVENUE NORTH Ms. Schleuning advised that 6331-6401-6425 Beard Avenue North was inspected and 278 (7.72/unit)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. Councilmember Myszkowski moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. Bob Wulf, Beard Avenue Apartments, stated they received a weather deferral for repairs and asked the Council to recognize during the next license period that they had attended the January 10,2013, ARM meeting. Councilmember Myszkowski moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. Councilmember Kleven moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 6331-6401-6425 Beard Avenue North, with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Mayor Willson noted Mr. Wulf had asked for consideration in making ARM meetings; however the City and Council have taken a strong view to follow the Mitigation Plan put forward without exception. Motion passed unanimously. 10h. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6012 KYLE AVENUE NORTH Ms. Schleuning advised that 6012 Kyle Avenue North was inspected and 19 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 01/14/13 -13- 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 City Council. Councilmember Ryan moved and Councilmember Myszkowski seconded to close the hearing. Motion passed unanimously. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 6012 Kyle 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. 10i. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5341 GIRARD AVENUE NORTH Ms. Schleuning advised that 5341 Girard 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 Kleven moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. No one wished to address the City Council Councilmember Ryan moved and Councilmember Myszkowski seconded to close the hearing. Motion passed unanimously. Councilmember Kleven moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5341 Girard Avenue North, 01/14/13 -14- with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10j. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 7044 DREW AVENUE NORTH Ms. Schleuning advised that 7044 Drew Avenue North was inspected and 11 property code violations were cited and ultimately corrected. This is a new rental license. 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 Myszkowski moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. No one wished to address the City Council Councilmember Ryan moved and Councilmember Myszkowski seconded to close the hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 7044 Drew 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. 10k. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 270165TH AVENUE NORTH Ms. Schleuning advised that 2701 65d' Avenue North was inspected and 21 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. 01/14/13 -15- Councilmember Ryan moved and Councilmember Myszkowski seconded to open the hearing. Motion passed unanimously. No one wished to address the City Council. Councilmember Ryan moved and Councilmember Myszkowski seconded to close the hearing. Motion passed unanimously. Councilmember Kleven moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 2701 65d' 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. 101. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 7100 KYLE AVENUE NORTH Ms. Schleuning advised that 7100 Kyle 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 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 City Council. Councilmember Ryan moved and Councilmember Myszkowski 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 7100 Kyle Avenue North, with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. 01/14/13 -16- Motion passed unanimously. 10m. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR BROOKSIDE MANOR(1121-1307 67TH AVENUE NORTH) Ms. Schleuning advised that Brookside Manor (1121-1307 67t` Avenue North) was inspected and 748 (8.3/unit)property code violations were cited and ultimately corrected. There have been five 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 Myszkowski 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 Myszkowski seconded to close the hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Myszkowski seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for Brookside Manor (1121-1307 67"' 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. 10n. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 340.0 66TH AVENUE NORTH Ms. Schleuning advised that 3400 66`h 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. She indicated the property owner failed to meet the condition(s) of the Type IV Rental License, specifically failure to attend Owners/Managers Association Meetings, turn in monthly updates, and failed to complete security improvements. Ms. Schleuning explained the license has an expiration of October 31, 2012. If this license is approved, the property will continue to operate without a current rental license.. Since the license application process has not been met for a current time period, legal actions are being taken through the Hennepin County court system. This property qualifies for a Type IV six-month 01/14/13 -17- 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 of a Type IV Rental License in lieu of denial because the property met the standards for the license period being considered for Council action. It was noted that issuing this license for the past time period will meet any City obligations set forth by ordinance and provide clearer records regarding license status and actions for this property. Mayor Willson pointed out there is not a valid rental license for the current rental period. Ms. Schleuning confirmed the license under consideration expired October 31, 2012. The current rental license application process has not been met so approval will not bring the property up to date. She indicated the property owner has received several citations for not meeting the rental license requirements but not submitted for an application process to bring the licensure current so that matter is in court. Staff recommends approving this license because it will clear the City's records and obligations. City Attorney Charlie LeFevere advised the City has previously granted licenses after the start date and this consideration uses the same principal. He indicated the City wants to get this license in place because a basis for license revocation/nonrenewal, is failure to comply with the license requirements. Mr. LeFevere stated the only reason for the hearing is to consider the Mitigation Plan. If the Council wanted to take action to not approve the license, those grounds would need to be specified, the property owner given notice, and a revocation hearing scheduled and held. Mayor Willson stated since the property owner has not complied with renewal of the rental license, he is inclined to direct staff to draft rationale to deny the rental license and notify the applicant of a revocation hearing. The City Council discussed staff's recommendation for approval of the rental license to establish the Mitigation Plan (standards the property owner is required to meet), and strengthen the City's position in its legal action. Mr. LeFevere advised that the period of time under prosecution for operating without a rental license is not the license term under consideration tonight. He explained if the Council wants to consider revocation, it would be on the next rental license. Councilmember Myszkowski moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. No one wished to address the City Council Councilmember Ryan moved and Councilmember Kleven seconded to close the hearing. Motion passed unanimously. 01/14/13 -18- 1. RESOLUTION NO.2013-18 APPROVING A TYPE IV RENTAL LICENSE FOR 3400 66 AVENUE NORTH Councilmember Ryan moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2013-18 Approving a Type IV Rental License for 3400 66th Avenue North. Mr. Boganey noted this issue is compounded since the license period is only for six months and the property owner has demonstrated no interest in complying with the City's ordinances, which is the reason it is now under court action. Mayor Willson voted against the same. Motion passed. 11. COUNCIL REPORT Councilmember Ryan highlighted achievements accomplished during 2012 including commercial redevelopment, residential neighborhood improvement, enforcement of performance based rental program, continued efforts to assure a safe and secure community through crime reduction, and improving the City's image. He thanked staff, the Council, and residents, indicating he looks forward to greater achievements in 2013. Councilmember Kleven reported on her attendance at the following: • January 10, 2013,North Hennepin Area Chamber of Commerce State of the Cities Luncheon Councilmember Kleven encouraged residents to maintain their New Year's Resolution by becoming more active at the Youth Recreation Center. She announced the upcoming opening of Slim's Pizza on 69th and Brooklyn Boulevard, commented on the construction of 4001 Lakebreeze, and expected projects at Shingle Creek Crossing. Councilmember Kleven then presented an update on the Brooklyn Center housing market for November of 2012. Councilmember Myszkowski reported on her attendance at the following: • December 11, 2012, Housing Commission Meeting • December 18, 2012, CEAP Toys distribution • December 23, 2012, brought students to the Earle Brown Terrace to showcase Brooklyn Center • January 10, 2013,North Hennepin Area Chamber of Commerce State of the Cities Luncheon Councilmember Myszkowski reported on the interest of Minnesota School of Business students to help Brooklyn Center's Sister City. She then informed residents in the Osseo School District of the February 7, 2013, public forum to discuss $11 million in budget cuts over the next two years. Councilmember Lawrence-Anderson stated she is excited to be at her first City Council meeting and reported on her attendance at the following: • December 11, 2012, Housing Commission Meeting • January 11, 2013,Brooklyn Center Business Association Board Meeting 01/14/13 -19- Councilmember Lawrence-Anderson commented on her commitment to the New Neighbor Welcome Program and intent to continue to distribute new resident bags. She stated she will also work with the Housing Committee Chair and Vice Chair as well as City staff to assure a smooth transition. Mayor Willson reported on his attendance at the following: • January 8, 2013, Brooklyn Center Fire Department Relief Association Quarterly Board Meeting • January 9, 2013, Minnesota Chamber of Commerce Dinner • January 10, 2013, Midwest Gun Violence Summit • January 10,2013,North Hennepin Area Chamber of Commerce State of the Cities Luncheon 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Myszkowski seconded adjournment of the City Council meeting at 9:25 p.m. Motion passed unanimously. 01/14/13 -20- 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 January 14, 2013. 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 January 28, 2013, Regular Session. maw 2 City Clerk Mayor 01/14/13 -21-