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HomeMy WebLinkAbout2013 03-11 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 11, 2013 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, and Lin Myszkowski. Absent and excused was Councilmember 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. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Jean Hammerlund, 6437 Unity Avenue N., described two incidents that occurred when a vehicle smashed into her home and stated she no longer feels safe in her home. Ms. Hammerlund stated this also occurred to her neighbor's home. Councilmember Lawrence-Anderson stated she had received photographs from Ms. Hammerlund's neighbor and provided copies to the City Council. Gina Couture, 6501 Unity Avenue N., stated a drunk driver hit her house at 2:30 a.m. going 60 mph. This occurred in February last year and she no longer feels safe in her home and still does not sleep well because of this incident. Ms. Couture described how lights from Fair Oaks Elementary School are visible so drivers may think the road goes through. Brenda VanAsch, 6500 Unity Avenue N., stated she noticed car tracks in her yard and was told by a neighbor that it was from a blue minivan. This occurred at 8:30 a.m. during a time when children were walking to school. Ms. VanAsch stated she thinks a Crime Watch Program is also needed in this neighborhood. Linnea Ulrich, 6506 Unity Avenue N., agreed some type of driving control is needed in this neighborhood. She stated she and four neighbors walk in the morning so she is concerned about pedestrian safety as well as property damage. 03/11/13 -1- Mayor Willson stated the City Council discussed this matter during the Study Session, finds it to be serious, and will refer it to the Administrative Traffic Committee. Councilmember Myszkowski moved and Councilmember Kleven seconded to close the Informal Open Forum at 6:59 p.m. Motion passed unanimously. 2. INVOCATION As an invocation, Councilmember Lawrence-Anderson acknowledged those waiting for a life- saving transplant, honoring those who passed away and were donors, and read a poem written by Kayla, the donor who saved her daughter's life. 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 and Myszkowski. Absent and excused was Councilmember 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 Myszkowski moved and Councilmember Kleven seconded to approve the Agenda and Consent Agenda and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. February 25, 2013 — Study Session 2. February 25, 2013 —Regular Session 6b. LICENSES MECHANICAL Allan Mechanical, Inc. 7875 Fuller Road, Eden Prairie 03/11/13 -2- B & D Plumbing Heating &A/C 4145 MacKenzie Court, St, Michael Cool Air Mechanical, Inc. 1441 Rice Street, St. Paul General Sheet Metal Company, LLC 2330 Louisiana Avenue N., Minneapolis McDowall Company PO. Box 606, Waite Park Metropolitan Mechanical Contractors 7450 Flying Cloud Drive, Eden Prairie RENTAL— CURRENT RENTAL STANDARDS INITIAL (TYPE H—two-year license) 5807 Dupont Avenue N. Todd Havisto 2301 Ericon Drive Dan Mattison RENEWAL (TYPE II—two-year license) h 3613 54 tAvenue N. Konrad Wagner 522465 1h Avenue N. Pavel Sakurets 4903 Brooklyn Boulevard Raymond Glasser 5200 Drew Avenue N. Morris Matthews 5814 Ewing Avenue N. Peter and Michele Nyarecha 5617 Logan Avenue N. Darwin an Marcia Kulzer SIGNHANGER Contact Signs, Inc. 1803 Victoria Street, Roseville Signart Company 2170 Dodd Road, Mendota Heights 6c. RESOLUTION NO. 2013-31 ACCEPTING BID AND AUTHORIZING AWARD OF CONTRACT, IMPROVEMENT PROJECT NO. 2013-09, CONTRACT 13-F, 2013 STREET SEAL COATING Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. PROCLAMATION DECLARING MARCH 23, 2013, AT 8:30 P.M. AS EARTH HOUR IN BROOKLYN CENTER Mayor Willson read in full a proclamation declaring Earth Hour in Brooklyn Center Councilmember Kleven stated last year during Earth Hour, the City of St. Paul shut off the lights at the State Capitol, making a striking statement. She asked what the City's plans are and how residents will be informed of this event. City Manager Curt Boganey explained that at City- owned buildings, lights not necessary for security purposes will be shut off in advance. He indicated that free media, such as this proclamation, the City's website, and an article in the Sun Post will be used to inform residents. Councilmember Kleven noted the event's website lists "Dos and Do Nots" and advises to not shut off security lights, safety lights, and to use common sense. Councilmember Myszkowski supported Earth Hour as a method to make people aware of the 03/11/13 -3- environment, noting in a recent national poll, environmental issues came in near the bottom. Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to approve a Proclamation declaring March 23, 2013, at 8:30 p.m., as Earth Hour in the City of Brooklyn Center. Motion passed unanimously. 7b. POLICE DEPARTMENT YEAR END REPORT Police Chief Kevin Benner presented the Police Department's 2012 Year End Report and answered questions of the City Council relating to the drop in Part 1 crimes and need to secure garage and service doors to prevent theft. The City Council discussed the drop in crime rates, acknowledging it is a result of effort by the committed City staff, Police Chief Benner, dedicated Police Officers, Neighborhood Watch Groups, innovative rental licensing program, and New Americans Academy. The City Council indicated it had taken a strong stand in addressing today's issues and as a result, other communities are following Brooklyn Center's lead. Police Chief Benner concurred and noted when the President of the United States ca me to Minnesota, he and Mayor Willson had been invited to attend, recognizing Brooklyn Center nationally for its reduction in violent crime. The City Council thanked Police Chief Benner for his leadership, noting residents now feel differently about Brooklyn Center due to the decline in crime. With regard to Hennepin County crime rates, Police Chief Benner stated he will provide that infonnation and comparison with the City's crime rate, when available in May. He thanked the City Council for its support and helping to carry this message. Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded accepting the Police Department Year End Report, as presented. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS AND WEED REMOVAL COSTS Mr. Boganey introduced the item and indicated it was published in the official newspaper on February 21, 2013, and is offered this evening for Public Hearing. Assistant City Manager/Director of Building and Community Standards Vickie Schleuning recommended the two public hearings be held concurrently. She presented an overview of the 03/11/13 -4- special assessment background, the process for each service (diseased tree removal and weed/long grass abatement), and recommended procedure for tonight's Public Hearings. Ms. Schleuning indicated an amended levy roll had been provided that reflects several payments made since the last meeting. No written appeals have been received. It was noted the levy roll for diseased tree removal costs total $23,173.07 and the levy roll for weed removal costs total $31,397.23. She described the City-facilitated abatement process and recommended tabling assessments that are appealed tonight to March 25, 2013, to allow time for staff investigation. It was noted the City has already incurred expenses for tree removal and weed abatement, and is looking to be reimbursed for those costs. Councilmember Myszkowski moved and Councilmember Kleven seconded to open the Public Hearing. Motion passed unanimously. Ed Doll, 1201 57"' Avenue N., stated his intention to appeal the assessment as the tree was removed by the City's contractor prior to expiration of the ten-day extension. Daniel Toweh, 5323 Brooklyn Boulevard, stated his intention to appeal the assessment as he was 76 years old and living on a fixed income. He preferred the fee to be charged against the property. Thu Nguyen, 5332 James Avenue N., stated her intention to appeal the assessment as the amount of$270 is too high and she did not receive a warning letter. Mr. Boganey reviewed payment options and assessment terms. Councilmember Kleven moved and Councilmember Myszkowski seconded to close the Public Hearing. Motion passed unanimously. 1. RESOLUTION NO. 2013-32 CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2013-32 Certifying Special Assessments for Diseased Tree Removal Costs to the Hennepin County Tax Rolls, excluding 1201 57"' Avenue N., and 5323 Brooklyn Boulevard. Motion passed unanimously. 03/11/13 -5- 2. RESOLUTION NO. 2013-33 CERTIFYING SPECIAL ASSESSMENTS FOR WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2013-33 Certifying Special Assessments for Weed Removal Costs to the Hennepin County Tax Rolls, excluding 5332 James Avenue N. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS 10a. AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY CODE OF ORDINANCES RELATING TO LIQUOR LICENSING Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance amendment to allow properly licensed malt beverage manufacturers (brewers) to apply for a Brewer Taproom License. Should the legislation be approved, the City could then legally issue a Brewer Taproom License to a brewer that does not have a restaurant at that location. He explained a local brewer would like to apply for a Brewer Taproom License and the intent is that consideration would be subject to approval of the legislation in an effort to not delay consideration of a Brewer Taproom License application. If the legislation is not approved, this ordinance amendment would then be moot. Councilmember Myszkowski moved and Councilmember Kleven seconded to approve first reading of an Ordinance Amending Chapter 11 of the City Code of Ordinances Relating to Liquor Licensing and set second reading and Public Hearing for April 8, 2013. Mayor Willson stated the legislation was added to the Omnibus Bill and he anticipates it will move forward; however, he supported making first reading contingent upon the Legislature approving the two bills. City Attorney LeFevere and Mr. Boganey discussed whether such a contingency was necessary. Mr. Boganey explained the proposed ordinance is worded to resolve a concern about an additional 30-day delay. Section 2 indicates the ordinance is effective after adoption, following 30-days of legal publication, and following adoption by the 2013 Legislature. In addition, the applicant will have to follow an approval process that will take about 30 days so this is probably a non-issue. Mr. LeFevere advised it is not necessary to decide about the contingency tonight since it is first reading and setting the Public Hearing. He indicated he would review the Charter language and, at the Public Hearing, provide a recommendation on whether it should be a contingent approval. 03/11/13 -6- Mayor Willson withdrew his request to amend the motion by adding a contingency. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Kleven reported on her attendance at the following: • February 26, 2013, FBI Citizen's Academy • February 28, 2013, Planning Commission Meeting • March 2, 2013, Robbinsdale Schools Fourth Annual Spelling Bee • March 4, 2013, Xcel Rate Increase Public Hearing • March 7, 2013, Metropolitan Council Informational Meeting on Transit • March 8, 2013, Hero's Behind the Badge Documentary Film Councilmember Myszkowski reported on her attendance at the following: • February 28, 2013, Brooklyn Center Business Association Luncheon • March 1, 2013, Performance of Bye Bye Birdie at Park Center in which many Brooklyns Youth performed Councilmember Lawrence-Anderson reported on her attendance at the following: • February 28, 2013, Brooklyn Center Business Association Luncheon • March 7, 2013, Metropolitan Council Informational Meeting on Transit Mayor Willson reported that on February 28, 2013, he spoke at the ITT Institute. He announced future engagements including speaking with classes at Brooklyn Center High School and the March 22, 2013, North Hennepin Community College gala fundraising event. 12. ADJOURNMENT Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded adjournment of the City Council meeting at 8:31 p.m. Motion passed unanimously. 03/11/13 -7- STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, certifies: 1. That attached hereto is a full, true, and complete transcript of the minutes of a Regular Session of the City Council of the City of Brooklyn Center held on March 11, 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 March 25, 2013, Regular Session. City Clerk Mayor 03/11/13 -8-