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Home My WebLink About2014 02-24 CCM Regular Session02/24/14 -1- 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 FEBRUARY 24, 2014 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, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, 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. Kathie Amdahl and Judy Thorbus, representing the Housing Commission, provided an update on its activities including the delivery of 269 welcome packages in 2013. Ms. Amdahl thanked sponsors, staff, and Councilmember Kleven who helped deliver welcome packets. She stated the swim pass and discounted golf coupon were well received; however, a few residents did not know of the City’s swimming pool so there should be a better effort to educate about its location. Ms. Amdahl thanked the Mayor and Council for its support, noting this project has become larger so the Housing Commission will consider whether there is a better method of distribution as it is currently taking two to three evenings per month. Mayor Willson thanked Ms. Amdahl and Ms. Thorbus for the update and services provided to the City’s residents. Ludmila Bryskina, 5601 Indiana Avenue N., described her experience to obtain a building permit to construct an addition to connect her garage and house. She questioned why the Building Official is requiring a structural engineer’s stamp when the City’s Code says it “may be required in special situations.” She now has a solar panel project and is again experiencing problems in obtaining a building permit. Darryl Thayer, 411 Meeker Avenue, Watkins, Minnesota, reviewed his experience with solar panel projects and explained how the load capacity is calculated. He described the City’s requirements for Ms. Bryskina’s solar panel project, noting it exceeds the requirements contained 02/24/14 -2- in the booklet just issued by the State of Minnesota that includes Standard Load Tables for solar panel projects for residential structures in Minnesota. City Manager Boganey suggested Ms. Bryskin a schedule a meeting with him or Assistant City Manager/Director of Building and Community Standards Schleuning so the specific details can be reviewed and determined whether a resolution can be found. If not, staff will bring the matter before to the City Council. Mayor Willson closed the Informal Open Forum at 7:00 p.m. 2. INVOCATION Councilmember Myszkowski read a quote from Marian Wright Edelman, president and founder of the Children’s Fund, 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 7:02 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, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, 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, as amended, with amendments to the Study Session minutes and Regular Session minutes of February 10, 2014, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. February 10, 2014 – Study Session 2. February 10, 2014 – Regular Session 3. February 10, 2014 – Work Session 6b. LICENSES MECHANICAL 02/24/14 -3- Dependable Heating and Cooling 2619 Coon Rapids Blvd. NW, Coon Rapids K & K Mechanical Heating & Cooling 8751 Palmgreen Avenue NE, Otsego MAG Mechanical 7100 Medicine Lake Road, Minneapolis Metro Air, Inc. 16980 Welcome Avenue SE, Prior Lake Select Mechanical Services, Inc. 6219 Cambridge Street, St. Louis Park RENTAL INITIAL (TYPE III – one-year license) 3807 61st Avenue N. Invitation Homes INITIAL (TYPE II – two-year license) 5327 Queen Avenue N. Alvin Stachowski 3200 63rd Avenue N. Adedamola Ogundipe 1421 63rd Lane N. Gary Fraser 1336 68th Lane N. Soye Chalte 3808 France Place Invitation Homes 6353 Halifax Drive Charles Anderson 4207 Lakeside Avenue N. #327 Rachel Petz RENEWAL (TYPE III – one-year license) 4500-4590 58th Avenue N. Twin Lake North Apartments Passed w/Weather Deferral TLN LA NEL 7111 Riverdale Road Allan and Vicki Olson 7030 Regent Avenue N. Douglas Wahl RENEWAL (TYPE II – two-year license) 3813 61st Avenue N. Dhaneshwarie Himraj 419 67th Avenue N. John Stalock 3834 Oak Street Prosperous Property LLC 6925 Regent Avenue N. Passed w/Weather Deferral Paul Cameron RENEWAL (TYPE I – three-year license) 3713 47th Avenue N. – Ryan Creek Manor Passed w/Weather Deferral Drew Kabanuk 5119 66th Avenue N. Beverly Dahl 3815 Burquest Lane Nicole Cornell 4701 Eleanor Lane Charles Bright 5344 Twin Lake Boulevard E. Takasi Sibuya 6c. ANNUAL REPORT ON FRANCHISE FEES 6d. RESOLUTION NO. 2014-30 APPROVING PROJECTED USE OF FUNDS FOR 2014 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, AUTHORIZING 02/24/14 -4- SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENT Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. TWINWEST CHAMBER OF COMMERCE Deb McMillan, Director of Government Affairs for TwinWest Chamber of Commerce, provided a presentation relating to their initiatives, 2014 State and local priorities, legislative platform, and Foundation scholarship programs. Ms. McMillan concluded her presentation by naming their staff and describing opportunities to interact with the Chamber via social media. Councilmember Ryan referenced the Chamber’s legislative platform relating to an increase to minimum wage. He referenced a Washington Post article indicating that should it be raised to $8 per hour, many households with a family of four could then achieve an income that is only two- thirds of the federally identified poverty level. Councilmember Ryan stated the minimum wage has been increased most infrequently so he supports its consideration by business people, noting those employees also patronize businesses. Ms. McMillan stated it does impact the real costs for businesses and with hospitality businesses, they are then looking at how it impacts efficiencies and other staffing. She stated it is naïve to believe there will be no impact if the minimum wage is increased, but many business owners have great loyalty to their staff and are wiling to find a way to make it work. She clarified that “minimum wage” was never intended to be a “living wage,” but rather a “starting wage.” Councilmember Ryan referenced the Chamber’s position on object based coding for local governments and urged the Chamber to look at the League of Minnesota Cities’ position on that matter. Mr. McMillan stated they are looking at things that can be done without burdening cities in a way that is not sustainable while still providing transparency and additional information for taxpayers to understand how their dollars are being spent. Mayor Willson stated one of their transportation initiatives is to assure the completion of Highway 610; however, he thinks that has already been assured. Ms. McMillan stated she thinks there is money in the queue to complete Highway 610 and they want to assure it is not diverted elsewhere. Councilmember Myszkowski asked for more information on the Chamber’s Early Childhood initiative at Meadowbrook, noting Brooklyn Center has similar housing areas. Ms. McMillan stated she will forward the Chamber’s Year 1 Report to Mr. Boganey so it can be distributed to the City Council. She explained their findings on the great benefit of early childhood education and stated they use a licensed teacher for several hours a day. The City Council thanked Ms. McMillan for the informative update. 02/24/14 -5- 8. PUBLIC HEARINGS - None. 9. PLANNING COMMISSION ITEMS - None. 10. COUNCIL CONSIDERATION ITEMS 10a. AN ORDINANCE AMENDING CHAPTER 1 OF THE CITY CODE OF ORDINANCES RELATING TO DANGEROUS AND POTENTIALLY DANGEROUS DOGS City Manager Curt Boganey introduced the item and explained the City Code provides the owner of a dog that has been declared dangerous or potentially dangerous to contest the declaration and request a hearing before the Animal Control Review Panel. It also provides that beginning six months after notice is given of intent to declare a dog to be potentially dangerous or dangerous, an owner may request annually that the Panel review the designation. He explained that the City Code does not currently require a hearing fee for appeals by owners of declared dogs. In 2013, the City paid $3,783.83 in appeal hearing fees for seven appeal hearing requests. The City Attorney fees include services for review of the case, notification to owners, hearing attendance, consultation with dog owners or their representatives/legal counsel, findings of fact letters following the hearing, and other information exchanges relating to the appeal hearings. Mr. Boganey stated in an effort to recover some of the City’s costs of the hearings, staff drafted an ordinance that would establish a hearing fee for a contested notice of intent at $250 and a hearing fee for designation review at $100. He noted that should the appeal be overturned, the fee would be returned to the party. Mr. Boganey stated it is recommended that the City Council consider approving first reading of An Ordinance Amending Chapter 1 of the City Code of Ordinances Relating to Dangerous and Potentially Dangerous Dogs and setting second reading and Public Hearing for March 24, 2014. Mayor Willson stated support for raising fees to at least partially meet the City’s costs. He noted there are additional soft costs as he is in attendance as well as a police officer, Code Enforcement, and others. Mayor Willson stated he does not think the $100 six-month review fee should be returned to the party as it covers the cost for the process to involve City staff, the attorney, and Review Panel. City Attorney LeFevere stated the fee is returned in the first instance because staff made a mistake or there is not sufficient evidence. But, if the dog is trained and no longer dangerous, the cost for a review is to change that designation so it makes sense to not return that $100 fee. He suggested revising the ordinance to remove the second new sentence. The City Council agreed with this suggestion. 02/24/14 -6- Councilmember Ryan stated his support for staff’s recommendation with the revision suggested by Mayor Willson. Mayor Willson stated if this is enabled, people will think twice before appealing because there would be dollars associated with that review. He noted it may result in lowering the number of contested hearings so the fee may actually cover the City’s costs in subsequent years. Councilmember Myszkowski stated her support for the ordinance, as amended, and felt that once the community is aware of this ordinance, it may compel dog owners to assure their dogs are well trained and good dog citizens. Mr. Boganey stated the action before the City Council is to consider the ordinance and if adopted, the ordinance establishing the fees will be presented at the March 24, 2014, meeting. The consensus of the City Council was to revise Section 1-260 to remove this sentence: “In the event that the declaration is overturned, the hearing fee will be returned to the owner.” Mayor Willson moved and Councilmember Myszkowski seconded to approve First Reading of An Ordinance Amending Chapter 1 of the City Code of Ordinances Relating to Dangerous and Potentially Dangerous Dogs, as amended, and set Second Reading and Public Hearing for March 24, 2014. Motion passed unanimously. 10b. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5843 HALIFAX 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 Kleven moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5843 Halifax 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 5412 PENN 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 02/24/14 -7- issuance of a Type IV six-month provisional rental license and mitigation plan for 5412 Penn 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. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • February 11, 2014, Brooklyn Center Crime Prevention Association Meeting • February 13, 2014, Toured ITT Technical Institute • February 19, 2014, Briefing on health effects of e-cigarettes • February 20, 2014, Annual City Manager’s Performance Review • February 20, 2014, Non-partisan Coalition • February 25, 2014, meeting with Brooklyn Center Crime Prevention members • February 27 and 28, 2014, League of Minnesota Cities Conference Councilmember Kleven reported on her attendance at the following and provided information on the following upcoming events: • February 11, 2014, Brooklyn Center Women’s Club • February 11, 2014, Brooklyn Center Crime Prevention Association Meeting • February 18, 2014, Meeting on Immigration Reform • February 19, 2014, Crime Prevention Association Meeting • February 20, 2014, Briefing on health effects of e-cigarettes • February 27, 2014, Brooklyn Center Business Association Luncheon Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • February 16, 2014, Taped an Interview with Delegates who went to Liberia • February 18, 2014, Earle Brown Days Committee Meeting • February 18, 2014, Meeting on Immigration Reform • February 18, 2014, Parks & Recreation Commission Meeting • February 19, 2014, Welcomed the Housing Commission and Councilmember Lawrence- Anderson for a tour of CEAP • February 20, 2014, Annual City Manager’s Performance Review Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • February 18, 2014, Earle Brown Days Committee Meeting • February 19, 2014, Housing Commission Meeting and tour of CEAP • February 20, 2014, Annual City Manager’s Performance Review • February 22, 2014, Odyssey Strategic Planning Meeting • February 27, 2014, Brooklyn Center Business Association Luncheon 02/24/14 -8- Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • February 12, 2014, Cable 12 Mayor’s Minute • February 12, 2014, Interview with a Sun Post reporter on his visit to Liberia • February 16, 2014, Gospel Ministries Show at Cross of Glory • February 18, 2014, Meeting on Immigration Reform • February 27, 2014, Earle Brown will host Brooklyn’s Youth After School Summit • March 3, 2014, Evergreen Park Elementary School for Read Across America Program • March 3, 2014, Continuation of the City Manager’s Performance Review held in Executive Session • March 4, 2014, Dangerous Dog Hearing • March 12, 2014, Tour of the Andover Water Treatment Plant 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded adjournment of the City Council meeting at 7:55 p.m. Motion passed unanimously. 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 February 24, 2014. 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 10, 2014, Regular Session. C>i� City Clerk Mayor 02/24/14 -9-