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Home My WebLink About2014 03-10 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 10, 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, 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, City Attorney Charlie LeFevere, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Mr. Ed Doll, 1201 57th Avenue N., stated he applied for a two-year rental license for his property in April of 2013 and paid the license fee of$450. He said the tenants incurred many violations and abandoned the property, and upon inspection, the property was recommended for a Type IV 6-month provisional rental license. He noted he does not believe it is fair and the license should not be changed. He further stated the tenants did not speak English and did not understand the inspection process. Mrs. Ed Doll stated she and her husband have owned the building for over 40 years, and this has never happened to them before. Mr. Doll stated he believes the tenants moved out when they received the inspection notice. He added he cannot afford the new license fee. Scott Barrett, 6487 Pheasant Hills Drive, Lino Lakes, stated he owns a rental property at 7081 Unity Avenue N.. He added he purchased the deed for the property over a year ago but has not been contacted by the bank. He noted, in the meantime, the rental license lapsed and the City will not renew it due to an outstanding tax bill. Mr. Barrett stated he wishes to comply with the City's license procedure but he is unable to pay taxes on the property. He added he has received no notification from the bank, and he does not want to evict his tenants. He requested a 6-month extension on the current rental license to give him an opportunity to negotiate with the bank. 03/10/14 -1- Mayor Willson stated the City Council would not debate these issues at this meeting, but City staff would provide additional information for the City Council's review, and a letter from City staff would be sent. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Informal Public Forum at 6:58 p.m. Motion passed unanimously. 2. INVOCATION Mayor Willson requested a moment of silence for the Invocation, to remember the 239 passengers and crewmembers of Malaysia Airlines Flight 370 that disappeared this past weekend over the South China Sea region in Southeast Asia. 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, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Mary Mullen, 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 Kleven seconded to approve the Agenda and Consent Agenda, as amended, with the following addition to the Regular Session Agenda of March 10, 2014: Item IOb. — Resolution Authorizing Third Addendum to City Manager Employment Agreement, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. February 20, 2014— Special Session 2. February 24, 2014— Study Session 3. February 24, 2014—Regular Session 4. February 24, 2014—Work Session 5. March 3, 2014— Special Session 03/10/14 -2- 6b. LICENSES MECHANICAL 3-D Heating & A/C 206 Jefferson Avenue, Watertown Air Conditioning Associates 55 West Ivey Avenue, St. Paul American Air Supply 11257207t Avenue NW, Elk River B & D Plumbing, Htg & A/C 4145 MacKenzie Court, St. Michael Centraire Htg & A/C, Inc. 7402 Washington Avenue S, Eden Prairie Corporate Mechanical 5114 Hillsboro Avenue N, New Hope Crosstown Mechanical 3115 Long Lake Road, Roseville, MN DJ's Heating & Air Cond. 6060 LaBeaux Avenue NE, Albertville Follmer Heating and Air, Inc. 7517 Colfax Avenue N, Brooklyn Park Golden Valley Heating 5182 W. Broadway, Crystal Hoffman Refrigeration & Heating 5660 Memorial Avenue N, Stillwater Home Energy Center 2415 Annapolis Lane N, Plymouth Horwitz, Inc. 4401 Quebec Avenue N,New Hope J. Berd Mechanical 3308 Southway Drive, St. Cloud Knott Mechanical, Inc. 3051 220th Street E, Prior Lake McAlister Mechanical 1828 Pierce Street NE, Minneapolis Minnesota Heating & A/C 1070193 d Avenue N, Maple Grove Northern Heating & A/C, Inc. 9431 Alpine Drive NW, Ramsey Riccar Heating & A/C 2387 Station Parkway NW, Andover Ron's Mechanical 12010 Old Brick Road, Shakopee Sabre Heating & A/C 15535 Medina Road, Plymouth Schadegg Mechanical, Inc. 225 Bridgepoint Drive, So. St. Paul Solid Refrigeration, LLC 1125 American Boulevard E, Bloomington Standard Heating & A/C 130 Plymouth Avenue N, Minneapolis Ray Vin Zant Plumbing 593 Hamlin Avenue N, St. Paul Nguyenzel Heating & A/C 4145 Old Sibley Memorial Hwy, Eagan RENTAL INITIAL (TYPE III—one-year license) 7136 Fremont Avenue N Phyllis Weisberg INITIAL (TYPE H—two-year license) 341262 d Avenue N Passed w/Weather Deferral Neng Zhang 7217 Camden Avenue N Invitation Homes 6015 Dupont Avenue N Main Street Renewal 2213 Ericon Drive Timothy Quam 5821 Ewing Avenue N Invitation Homes 4207 Lakeside Avenue #220 Matthew Blackler 6124 Scott Avenue N Invitation Homes RENEWAL (TYPE III—one-year license) 5314 71s' Circle Abbas Ali—No ARM Meetings 03/10/14 -3- 5632 Emerson Avenue N Passed w/Weather Deferral Lisa Daher 6001 Emerson Avenue N Keith Carrico 6437 Kyle Avenue N Sheng Lee—No ARM or CFHC RENEWAL (TYPE II—two-year license) 700-89066 1h Avenue N—Georgetown Park Passed w/Weather Deferral Wiensch Construction 6835 Colfax Avenue N Adeyinka Badewa 7142 France Avenue N Deepak Nath 5320 Humboldt Avenue N Jacki Smith 4207 Lakeside Avenue #224 Marina Feldman RENEWAL (TYPE I—three-year license) 1304 68' Ln N Samuel Holloway III 7208 Dallas Road Neng Zhang 6212 Kyle Avenue N Kristine Rousseau 6737 Regent Avenue N Passed w/Weather Deferral Kim Vu-Tran SIGNHANGER A Sign& Screen Printing 708 Lowry Avenue N, Minneapolis Signart Company 2170 Dodd Road, Mendota Heights Sign Source 7660 Quattro Drive, Chanhassen Topline Advertising 11775 Justen Circle, Maple Grove 6c. RESOLUTION NO. 2014-31 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2014-01, 02, 03 AND 04, WANGSTAD AREA STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS 6d. RESOLUTION NO. 2014-32 ACCEPTING BID AND AUTHORIZING AWARD OF CONTRACT, IMPROVEMENT NO. 2014-07, CONTRACT 14-D, 2014 STREET SEAL COATING Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS -None. 8. PUBLIC HEARINGS 8a. PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS AND WEED REMOVAL COSTS 03/10/14 -4- Assistant City Manager/Director of Building and Community Standards Vickie Schleuning introduced this item and requested the City Council's consideration of two public hearings to be held regarding proposed special assessments. Ms. Schleuning stated property owners have been notified of special assessments for costs related to removal of diseased trees and weeds on their property. She added property owners are responsible for abatement performed by the City. She noted the current levy roll has been provided to the City Council for their review, along with two written appeals that were submitted to City staff. Ms. Schleuning stated City staff recommends that the two public hearings be conducted concurrently, with appellant parties stating the basis for their appeal at the podium during the public hearing portion. She added property owners can then provide contact information if the City Council believes the basis for appeal is reasonable, and further review is required. She noted these appeals would be removed from the proposed levy roll, and the levy is scheduled for March 24, 2014. Councilmember Kleven moved and Councilmember Myszkowski seconded to open the Public Hearing on assessments for diseased tree removal costs. Motion passed unanimously. There were no comments. Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to close the Public Hearing. Motion passed unanimously. 1. RESOLUTION NO. 2014-33 CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COST TO HENNEPIN COUNTY TAX ROLLS Councilmember Kleven moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2014-33 certifying Special Assessments for diseased tree removal costs to Hennepin County Tax Rolls, with the following property omitted from Amended Special Assessment Certified Roll (Trees), and instructing City staff to continue the public hearing on this assessment to the Special Assessment Hearings on March 24, 2014: 1606 Amy Lane Property ID 26-119-21-41-0051 Motion passed unanimously. Councilmember Myszkowski moved and Councilmember Ryan seconded to open the Public Hearing on assessments for weed removal costs. 03/10/14 -5- Motion passed unanimously. Tina Nguyen, 5500 Oliver Avenue N., stated she purchased her property in 2012. She added the weeds on her neighbor's property were cut by the City, and a fee was charged to the owner of that property. She added that this special assessment is for her neighbor's weeds that were cut, and the assessment should not be charged to her property. Mr. LeFevere stated that the neighboring property referred to by Ms. Nguyen should be identified to determine whether it was on the levy rolls. He added this must be verified before the special assessments are adopted so the property in question is not omitted. Ms. Schleuning p Y stated Ms. Nguyen contacted City staff regarding this issue, and the parcel was removed from the levy rolls at that time. She added City staff would follow up with Ms. Nguyen. Laura Vang, 6341 Halifax Drive, stated she received a letter from City staff regarding a special assessment for a total of $282.26. She added the special assessment amount was listed in a settlement statement that she received from HUD, and that amount was $375.65. Daniel Odole, 5441 Dupont Avenue N., stated he received a letter from the City regarding a charge for removal of weeds and tall grass. He added he has lived in the home for four years, and hired someone to cut the grass every two weeks. He noted he is unsure why the City would charge him to cut his grass, when it was being cut regularly. Alex Zorb, 5815 Humboldt Avenue N., stated he received a letter dated February 15, 2014, with a special assessment for tall weed removal on August 26, 2013. He added he closed on the property on August 21, 2013. He noted he should not be charged an assessment for weeds that were cut by the City only five days after he purchased the property. Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to close the Public Hearing. Motion passed unanimously. 2. RESOLUTION NO. 2014-34 CERTIFYING SPECIAL ASSESSMENTS FOR WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2014-34 certifying Special Assessments for weed removal costs to Hennepin County Tax Rolls, with the following properties omitted from Amended Special Assessment Certified Roll (Grass/Weeds), and instructing City staff to continue the public hearing on these assessments to the Special Assessment Hearings on March 24, 2014: 5500 Oliver Avenue North Property ID 02-118-21-42-0122 6341 Halifax Drive Property ID 34-119-21-31-0006 5441 Dupont Avenue North Property ID 01-118-21-33-0076 5815 Humboldt Avenue North Property ID 02-118-21-14-0065 03/10/14 -6- Motion passed unanimously. 9. PLANNING COMMISSION ITEMS -None. 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR THE PINES OF BROOKLYN CENTER APARTMENTS, 6511-6521 HUMBOLDT AVENUE NORTH Assistant City Manager/Director of Building and Community Standards Vickie Schleuning advised that The Pines of Brooklyn Center Apartments, 6511-6521 Humboldt Avenue North, was inspected and 336 property code violations were cited and ultimately corrected. There have been 13 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. Ms. Schleuning stated The Pines is a 102-unit multi-family residential complex. She added 336 property code violations were cited during an inspection on September 18, 2013, and an extension was requested on October 23, 2013, due to new on-site management. Councilmember Ryan moved and Councilmember Myszkowski seconded to open the hearing. Motion passed unanimously. Dave Schroeder, representing Spectrum Properties Management, stated his employer owns The Pines of Brooklyn Center Apartments. He introduced Kay Anschutz, the on-site property agent. He stated many properties in Brooklyn Center are getting bumped to Type IV licenses, and it seems to be a problem. He added he placed one of the police incident calls when someone attempted to break into the office. He noted it is unfair that a police incident call that he made should count against the property. Mayor Willson asked, with regard to Mr. Schroeder's assertion that many local properties are being downgraded to Type IV, whether Mr. Schroeder is associated with any other properties in Brooklyn Center. Mr. Schroeder stated he is not, but he has heard that other property owners have been bumped down to Type IV, and they feel victimized. He added the City's inspection process is too aggressive, and some items on the list of code violations were corrected but not recorded by the inspector. 03/10/14 -7- Mr. Schroeder stated his apartment complex is located across from the high school, and they have a lot of problems with young people coming into the complex. He added he feels like he is being picked on. He noted he has asked City staff to add him to the crime hotline, but he has never received the updates, although he is on site five days a week. Ms. Anschutz stated many of the code violations were apartment doors that did not close on their own, and each apartment has two doors. She added that has never been a code violation in the past. Mr. Boganey stated, for the purpose of clarification, that the City tracks the number of police incident calls as required by City ordinance. He added the threshold for police calls in this case was not met, and therefore was not a factor in the license category that is being recommended for this property. Mr. Schroeder stated that is not what he was told by City staff. Mr. Boganey stated the threshold is .35 calls for more than 5 units, and The Pines of Brooklyn Center had .13 police calls per unit, as specified in the City Code of Ordinances, which is available to the public on the City's website. Councilmember Myszkowski moved and Councilmember Kleven seconded to close the hearing. Motion passed unanimously. Councilmember Kleven moved and Councilmember Myszkowski seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for The Pines of Brooklyn Center Apartments, 6511-6521 Humboldt 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. 10b. RESOLUTION NO. 2014-34 AUTHORIZING THIRD ADDENDUM TO CITY MANAGER EMPLOYMENT AGREEMENT Mayor Willson stated the City Council recently completed two subsequent closed session meetings to discuss the City Manager's review and compensation. He added the City Council agreed that Mr. Boganey is doing an excellent job for the City, and has made considerable advancements in the areas of redevelopment, hiring and staff management. He noted a document has been prepared to that effect, which was reviewed by Mr. LeFevere in preparation for the City Council's discussion and proposed approval at tonight's meeting. Councilmember Myszkowski thanked Mr. Boganey for his hard work and support of the City Council, and for making it easy for the City Councilmembers to go out into the community to represent Brooklyn Center and talk about the great things that are happening here. Councilmember Ryan concurred, stating the City Manager's position is a critical one within local government, ensuring that the administration of the City is done effectively. He thanked Mr. Boganey for his hard work, adding that the City Council is pleased to present the review to him. 03/10/14 -8- Councilmember Kleven concurred with the statements of Councilmember Myszkowski and Councilmember Ryan. Councilmember Lawrence-Anderson agreed, and expressed her appreciation of the fantastic staff that Mr. Boganey has assembled, and the good work that he does on behalf of the City. Mr. Boganey thanked the City Council for their positive comments. He stated he looks forward to reading the review drafted by the City Council. He gave credit to the outstanding City staff that are responsible for the great results that are being seen, and for moving forward with positive results. Mayor Willson stated the City Council, after careful consideration, recommends a base salary increase for the City Manager of$6,000 and a salary increase of 3% beginning on July 1, 2014. He added this will bring the City Manager's annual salary to $144,383. He noted this figure falls in the middle range of other metropolitan area cities that were included in a city managers base pay survey, ranking in fifth place out of nine cities. Mayor Willson noted that the City Council was late in conducting this review, and apologized for the delay. He added the next City Manager's review would be held in July 2015. Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2014-34 Authorizing Third Addendum to City Manager Employment Agreement. Motion passed unanimously. Councilmember Myszkowski stated the other metropolitan area cities that were used as part of the City Managers base pay survey were: Crystal, Fridley, Golden Valley, Maplewood, New Hope, Richfield, Roseville, Shorewood, and White Bear Lake. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • February 25, 2014, First Day of 2014 Minnesota State Legislature • February 27, 2014, participated in Minnesota Cities Day at the State Capitol, sponsored by League of Minnesota Cities • February 27, 2014, unable to attend Hennepin County/Brooklyn Bridge Alliance for Youth Afterschool Summit • March 3, 2014, invited to read to Mrs. Erickson's second grade class at Evergreen Park Elementary School on NEA Read Across America Day • March 4, 2014, Multi-Cultural Advisory Committee's Minority Action Coalition meeting at Brooklyn Center Police Department • March 5, 2014, National Cancer Society's Day at the Capital 03/10/14 -9- • March 11, 2014, will attend planning meeting for Crime Prevention Association's book drive fundraiser • March 12, 2014, will attend City Council's tour of Andover water treatment plant Councilmember Kleven reported on her attendance at the following and provided information on the following upcoming events: • February 25, 2014, Crime Prevention Association's book drive fundraiser planning meeting • February 27; 2014, Hennepin County/Brooklyn Bridge Alliance for Youth's Champions for Afterschool Summit • February 27, 2014, Brooklyn Center Business Association luncheon featuring presentations by Reverend Rachel Morey and Officer Kris Knodle regarding youth hunger and homelessness within the community • February 27, 2014, Planning Commission meeting • February 28, 2014, met with managers of senior housing in Brooklyn Center; The Crossings has received a MADACS Award, the highest honor in Minnesota's multi-housing industry; Jesse Gully was nominated for Best Manager in Senior Housing for 2013 • March 3, 2013, unable to attend Evergreen Park Elementary School's Dr. Seuss Week, but contributed Dr. Seuss characters to the school and its students • March 4, 2014, Multi-Cultural Advisory Committee meeting • March 9, 2014, Centerbrook Golf Course Open House Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • February 27, 2014, Hennepin County/Brooklyn Bridge Alliance for Youth Afterschool Summit • Evergreen Park Elementary March 3, 2014, invited to read to second and third graders at y School on NEA Read Across America Day • March 3, 2014, City Council Closed Session meeting to discuss City Manager's Review and Compensation • March 5, 2014, CEAP Executive Meeting, at which President/Executive Director Byron Laher announced his retirement effective June 30, 2014 • March 6, 2014, reception for Osseo Area Schools Superintendent Kate McGuire - MN Association of School Administrators' 2014 Minnesota Superintendent of the Year • March 7, 2014, met with Rachel Laurie, Recruitment & Outreach Coordinator for Volunteers of America, regarding RSVP Volunteer Program - she invited Mayor Willson to CEAP on April 1, Mayor's Day of Recognition for National Service, to visit with Meals on Wheels volunteers Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • February 27, 2014, Brooklyn Center Business Association luncheon featuring presentations by Reverend Rachel Morey and Officer Kris Knodle regarding youth hunger and homelessness within the community • February 27, 2014, Odyssey Academy Special Board Meeting 03/10/14 -10- • March 3, 2014, invited to Odyssey Academy to read to third graders on NEA Read Across America Day • March 3, 2014, Brooklyn Center Business Association Executive Meeting • March 3, 2014, City Council Closed Session meeting to discuss City Manager's Review and Compensation • March 5, 2014, Odyssey Academy Board Meeting • March 12, 2014, City Council visit to Andover water treatment plant • March 27, 2014, Brooklyn Center Business Association meeting featuring guest speaker Curt Boganey • Announced that she was accepted into Minneapolis FBI Citizens Academy in May 2014, with graduation on June 26, 2014 • Recently accepted a position on the management team at Arc Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • February 27, 2014, Hennepin County/Brooklyn Bridge Alliance for Youth Afterschool Summit • February 27, 2014, meeting with Mr. Boganey in preparation for City Council closed session meeting regarding City Manager's Review and Compensation • March 3, 2014, invited to Evergreen Park Elementary School to read to first and second grade classes on NEA Read Across America Day • March 3, 2014, City Council Closed Session meeting to discuss City Manager's Review and Compensation • March 4, 2014, Dangerous Dog Hearing • March 12, 2014, City Council visit to Andover water treatment plant • March 18, 2014, discussion forum on homeless youth in the northwest suburbs, sponsored by Think Again MN, to be held at Brooklyn Park City Hall • March 21, 2014, North Hennepin Chamber of Commerce Annual Gala, to be held at Minneapolis Marriott Northwest Hotel 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded adjournment of the City Council meeting at 8:15 p.m. Motion passed unanimously. 03/10/14 -11- 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 10, 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 24, 2014, Regular Session. i 7 r City Clerk Mayor 03/10/14 -12-