HomeMy WebLinkAbout2013 04-08 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
APRIL 8, 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, Lin
Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey 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 Ryan moved and Councilmember Kleven seconded to close the Informal Open
Forum at 6:46 p.m.
Motion passed unanimously.
2. INVOCATION
Councilmember Myszkowski shared several versus from America the Beautiful as the
Invocation.
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson
at 7:00 p.m.
4. ROLL CALL
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,
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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 Lawrence-Anderson seconded to approve the
Agenda and Consent Agenda, with amendments to the Study Session and Regular Session
minutes of March 25, 2013, and the following consent items were approved:
6a. APPROVAL OF MINUTES
1. March 25, 2013 - Study Session
2. March 25, 2013 —Regular Session
6b. LICENSES
MECHANICAL
CenterPoint Energy 9320 Evergreen Boulevard, Coon Rapids
The Heating Guy, LLC 3004 Ottawa Avenue S, St. Louis Park
Lein Heating, Inc. 3852 Pershing Street SW, Prior Lake
Louis Degidio Services, Inc. 21033 Heron Way, Lakeville
Precision Heating and Cooling 3650 Chestnut Street, Chaska
Sedgwik Heating & A/C 1408 Northland Drive, Mendota Heights
Southtown Refrigeration 6325 Welcome Avenue N, Brooklyn Park
UHL Company, Inc. 9065 Zachary Lane, Maple Grove
RENTAL— CURRENT RENTAL STANDARDS
INITIAL (TYPE III—one-year license)
5700 Bryant Avenue N. Lorenzo Vargas
INITIAL (TYPE II—two-year license)
5330 Fremont Avenue N. Jonathan Thiel
6018 Kyle Avenue N. Danny Vo
6307 Scott Avenue N. Kin Chew
RENEWAL (TYPE III—one-year license)
6813 Humboldt Avenue N. B 102 New Concepts Management
6813 Humboldt Avenue N. B201 New Concepts Management
6819 Humboldt Avenue N. A204 New Concepts Management
6907 Quail Avenue N. Tony& Carmen Holder
RENEWAL (TYPE II—two-year license)
6807 Humboldt Avenue N. C204 New Concepts Management
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6813 Humboldt Avenue N. B 104 New Concepts Management
6813 Humboldt Avenue N. B203 New Concepts Management
6813 Humboldt Avenue N. B204 New Concepts Management
6930 Newton Avenue N. Desra Widdel
RENEWAL (TYPE I—three-year license)
819-21 55th Avenue N. Stephanie Statz
4112 61St Avenue N. Christina Duong
6638 Camden Drive Gal Peremislov
5619 Hillsview Road James Kaun
5636 Humboldt Avenue N. Gao Qiang Liu
SIGNHANGER
Indigo Signworks, Inc 1622 Main Avenue,Fargo,ND
Install This Awning & Sign 4835 Lyndale Avenue N, Minneapolis
Signation Sign Group 6840 Shingle Creek Parkway
Vital Signs Midwest 111 Babcock Boulevard, Delano
6c. RESOLUTION NO. 2013-42 DESIGNATING 2013 PLANTING LIST OF
ALLOWABLE BOULEVARD TREE SPECIES
6d. RESOLUTION NO. 2013-43 RECOGNIZING THE DESIGNATION OF
BROOKLYN CENTER AS A TREE CITY USA FOR THE TWENTY-
FIRST CONSECUTIVE YEAR
6e. RESOLUTION NO. 2013-44 APPROVING TRANSFER OF FUNDS FROM
EARLE BROWN HERITAGE CENTER OPERATING FUND TO EARLE
BROWN HERITAGE CENTER CAPITAL FUND
6f. RESOLUTION NO. 2013-45 APPROVING ALLOTMENT OF
UNASSIGNED GENERAL FUND NET ASSETS TO GENERAL FUND
6g. RESOLUTION NO. 2013-46 SUPPORTING LEGISLATION
AUTHORIZING THE ESTABLISHMENT OF MUNICIPAL STREET
IMPROVEMENT DISTRICTS
6h. RESOLUTION NO. 2013-47 ACCEPTING QUOTATION AND
AWARDING A CONTRACT FOR 2013 DISEASED TREE REMOVAL
PROGRAM
Motion passed unanimously.
7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
7a. PROCLAMATION DECLARING APRIL 26, 2013, AS ARBOR DAY AND MAY
2013 AS ARBOR MONTH IN BROOKLYN CENTER
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Mayor Willson read in full a Proclamation Declaring April 26, 2013, as Arbor Day and May
2013 as Arbor Month in the City of Brooklyn Center.
Councilmember Kleven moved and Councilmember Myszkowski seconded to approve
PROCLAMATION Declaring April 26, 2013, as Arbor Day and May 2013 as Arbor Month in
Brooklyn Center.
Motion passed unanimously.
7b. PROCLAMATION DECLARING APRIL 20-27, 2013, AS THE GREAT
SHINGLE CREEK WATERSHED CLEANUP WEEK
Mayor Willson read in full a Proclamation Declaring April 20-27, 2013, as The Great Shingle
Creek Watershed Cleanup Week in the City of Brooklyn Center. He announced that on April 20,
2013, there will be an organized event at the Community Center to clean Shingle Creek in the
area of City Hall.
Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to
approve PROCLAMATION Declaring April 20-27, 2013, as The Great Shingle Creek
Watershed Cleanup Week.
Motion passed unanimously.
7e. PROCLAMATION DECLARING APRIL 20, 2013, AS EARTH DAY IN
BROOKLYN CENTER
Mayor Willson read in full a Proclamation Declaring April 20, 2013, as Earth Day in the City of
Brooklyn Center. He stated since August 26, 2012, he has driven a Chevy Volt over 6,000 miles
and purchased only 57 gallons of gas.
Councilmember Ryan commented on a recent PBS special relating to events leading up to and
including the first Earth Day held in 1970, noting the City is also interested in enhancing and
sustaining the environment as witnessed by this Proclamation.
Councilmember Ryan moved and Councilmember Myszkowski seconded to approve
PROCLAMATION Declaring April 20,2013, as Earth Day in Brooklyn Center.
Motion passed unanimously.
7d. PROCLAMATION DECLARING APRIL TO BE EAT.TALK.CONNECT!
MONTH
Mayor Willson read in full a Proclamation Declaring April to be Eat.Talk.Connect!`Month.
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Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to
approve PROCLAMATION Declaring April to be Eat.Talk.Connect! Month.
Councilmember Lawrence-Anderson described her family's enjoyment of evening meals,
indicating it is one of the most fun parts of her day to learn what is happening in her children's
lives.
Mayor Willson thanked Councilmember Myszkowski for bringing this proclamation to the
attention of the City Council, noting the program's results are very positive.
Motion passed unanimously.
7e. BUILDING AND COMMUNITY STANDARDS DEPARTMENT YEAR END
REPORT
Assistant City Manager/Director of Building and Community Standards Vickie Schleuning
presented the 2012 Building and Community Standards Department Year End Report. She
described the partners and collaborators in this program and presented its goals, highlight of
achievements, and program summaries. Ms. Schleuning displayed pictures depicting examples
of blighted properties that had been purchased and improved through these programs.
Mayor Willson stated it is refreshing to see how the City's departments cooperatively work
together, a credit to Mr. Boganey's management skills. He also recognized the leadership of Ms.
Schleuning in organizing and moving these programs forward.
Ms. Schleuning credited the team efforts of the City's staff, City Manager Boganey, the City
Council, Commissions,residents, businesses, community organizations, and other parties for the
accomplishments of the program.
The Council again extended its appreciation to Mr. Boganey, Ms. Schleuning, and Mr. Eitel for
their dedicated service and the positive results of this program, complimenting Ms. Schleuning
on this thorough report.
Ms. Schleuning answered questions of the City Council relating to the NSP Program that
leveraged federal funds and reduced use of local funds.
Mr. Boganey thanked the City Council for its leadership, establishing effective policies, and
authorizing resources for this effort. He also recognized Ms. Schleuning and her staff for their
exceptional leadership resulting in the success of this program.
It was the unanimous consensus of the City Council to accept the Building and Community
Standards Department Year End Report.
8. PUBLIC HEARINGS
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8a. ORDINANCE NO. 2013-01 AMENDING CHAPTER 11 OF THE CITY CODE OF
ORDINANCES RELATING TO LIQUOR LICENSING
City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of
the proposed ordinance to amend Chapter 11 of the City Code of Ordinances relating to liquor
licenses. This ordinance received first reading on March 11, 2013, was published in the official
newspaper on March 21, 2013, and is offered this evening for Public Hearing. If adopted, it
would be effective thirty days following its legal publication(May 17, 2013) AND following
adoption of legislation by the 2013 Minnesota Legislature allowing brewer taprooms to be
located in cities with municipal liquor.
Councilmember Kleven moved and Councilmember Ryan seconded to open the Public Hearing.
Motion passed unanimously.
Mary Sellke, representing Surly Brewing Company, thanked the Council for taking this action.
Councilmember Myszkowski moved and Councilmember Ryan seconded to close the Public
Hearing.
Motion passed unanimously.
Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt
ORDINANCE NO. 2013-01 Amending Chapter 11 of the City Code of Ordinances relating to
Liquor Licenses.
Motion passed unanimously.
9. PLANNING COMMISSION ITEMS
-None.
10. COUNCIL CONSIDERATION ITEMS
10a. MAYORAL APPOINTMENT OF MEMBER TO SERVE ON NORTHWEST
HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION
Mayor Willson announced the appointment of Mandora Young, 7124 Oliver Avenue N., to the
Northwest Hennepin Human Services Council Advisory Commission with a term to expire on
December 31, 2014.
Councilmember Kleven moved and Councilmember Myszkowski seconded to ratify the Mayoral
appointment of Mandora Young, 7124 Oliver Avenue N., to the Northwest Hennepin Human
Services Council Advisory Commission with a term to expire on December 31, 2014.
Motion passed unanimously.
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10b. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE
FOR 5301 DUPONT AVENUE NORTH
Ms. Schleuning advised that 5301 Dupont Avenue North was inspected and 24 (4/unit) 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 and applicable ordinances.
The City Council considered the lengthy timeframe for this recommendation to come forward for
consideration, noting the application process started in July of 2012. Ms. Schleuning explained
it was a result of a mailing address issue so notice was not received in a timely manner, the
eviction process, and the property owner had to make significant bathroom improvements. In
addition, staff and the property owner were working on a long-term plan for this property.
The Council indicated it is expected that the City follow its ordinances to assure safe living
quarters for renters. Ms. Schleuning answered questions of the City Council and indicated staff
is recommending approval because the property meets ordinance requirements.
Councilmember Ryan moved and Councilmember Myszkowski seconded to open the hearing.
Motion passed unanimously.
Alex Eaton, EIG Property Management representing the property owner, reviewed his
experience with property management and described their goal to increase livability for tenants,
improve the property for neighbors and all stakeholders, and move off Type IV Rental Licensing
by reducing potential for crime and nuisance activity. Mr. Eaton assured the Council they will
conduct aggressive background checks on potential tenants, enforce leases, maintain close
connection with tenants, and continue to improve the property to attract stronger tenants.
Braj Prakash Agrawal, property owner of 5301 Dupont Avenue N., stated before he purchased
the building he talked with the neighbors and found it to be family-friendly with long-term
residence. However, he was not aware of the prior history of this property. He stated he would
like the City's help to attract good family tenants to build community.
The Council indicated it appreciated the property owner and manager were in attendance to
answer questions of the Council and that they kept close connection with their tenants. With
regard to unauthorized tenants, Mr. Eaton stated that is a breach of lease and considered a
violation.
Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to close
the hearing.
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Motion passed unanimously.
Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to approve
the issuance of a Type IV six-month provisional rental license and mitigation plan for 5301
Dupont Avenue North, with the requirement that the mitigation plan and all applicable
ordinances 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 370155 T" AVENUE NORTH
Mayor Willson polled the audience and asked whether anyone was in attendance to provide
testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a
motion.
Councilmember Myszkowski moved and Councilmember Ryan seconded to approve the
issuance of a Type IV six-month provisional rental license and mitigation plan for 3701 55'
Avenue North, with the requirement that the mitigation plan and all applicable ordinances 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 3901 BURQUEST LANE
Ms. Schleuning advised that 3901 Burquest Lane 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 held
discussion with the property owner and recommends approval based on meeting standards in the
mitigation plan and all applicable ordinances.
Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to open the
hearing.
Motion passed unanimously.
Lee Beckley, agent representing the property owner of 3901 Burquest Lane, stated this property
is also licensed by the Minnesota Department of Health, the Department of Human Services, and
Hennepin County because it is a group home for those with disabilities.
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He stated the violations have been addressed and asked why their license was not for one year.
He also asked why he was required to obtain a City rental license. Mayor Willson explained the
City Ordinance requirements.
Mayor Willson explained the City's rental license process and requirements, resulting in staff s
recommendation for a Type IV license in this case.
Councilmember Ryan moved and Councilmember Lawrence-Anderson 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 3901 Burquest
Lane, with the requirement that the mitigation plan and all applicable ordinances must be strictly
adhered to before a renewal rental license would be considered.
Motion passed unanimously.
11. COUNCIL REPORT
Councilmember Ryan reported on his attendance at the following:
• March 26, 2013, briefing on Minnesota Health Care Exchange
• April 1, 2013, Forum on Social Security
• April 4, 2013, Presentation by Brooklyn Center Police Chief Benner at the Lion's Club
Dinner
• April 5-6, 2013, Joint City Council/ Staff Strategic Planning Retreat
Councilmember Ryan announced the upcoming events: April 10, 2013, annual joint City
Council and Citizen Volunteer Commissions meeting; April 12, 2013, Annual Firefighter's
Dinner, April 14, 2013, Annual Brooklyn Center Fire Department Pancake Breakfast; April 17,
2013, Crime Prevention Annual Awards Ceremony; and, April 20, 2013, Great Shingle Creek
Cleanup and EarthFest. Councilmember Ryan thanked Jill Dalton and Diane Sannes for their
work with EarthFest.
Councilmember Kleven reported on her attendance at the following:
• March 26, 2013, meeting on the book Pale Horse on Plum Rock
• April 1, 2013, Forum on Social Security
• April 5-6, 2013, Joint City Council / Staff Strategic Planning Retreat
Councilmember Kleven announced the April 17, 2013, Senior Spring Forum and April 20, 2013,
Great Shingle Creek Cleanup and EarthFest. She encouraged qualified residents to take
advantage of the Brooklyn Center Fire Department's program to provide free smoke
alarms/carbon monoxide detectors.
Councilmember Myszkowski reported on her attendance at the following:
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• April 1, 2013, Forum on Social Security
• April 1, 2013, Brooklyns Youth Council
• April 5-6, 2013,Joint City Council / Staff Strategic Planning Retreat
• April 8, 2013, tour of apartments next door to The Crest
Councilmember Lawrence-Anderson reported on her attendance at the following:
• March 26, 2013, spoke to Driver's Education Classes at Coon Rapids High School
• March 28, 2013, Brooklyn Center Business Association Luncheon
• April 1, 2013, Brooklyn Center Business Association Board Meeting
• April 5-6, 2013, Joint City Council/Staff Strategic Planning Retreat
• April 8, 2013, volunteered at ARC
Councilmember Lawrence-Anderson stated on April 9, 2013, she will be speaking at the
Brooklyn Center High School Civics Class and during EarthFest, she will be hosting a booth for
Life Source and also working at the Brooklyn Center Business Association booth.
Councilmember Lawrence-Anderson stated she will be attending the April 17, 2013, Police
Awards Ceremony.
Mayor Willson reported on his attendance at the following:
• April 2, 2013, Dangerous Dog Hearing
• April 5-6, 2013,Joint City Council / Staff Strategic Planning Retreat
• April 8, 2013, spoke with three Brooklyn Center High School classrooms
Mayor Willson encouraged all to attend the April 14, 2013, Firefighter's Pancake Breakfast that
is a fundraiser for its Relief Association Fund.
12. ADJOURNMENT
Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded adjournment of
the City Council meeting at 8:43 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 April
8, 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 April 22, 2013, Regular Session.
City Clerk Mayor
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