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Home My WebLink About2014 03-24 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 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, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel,Director of Community Activities,Recreation and Services Jim Glasoe, 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. 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 Kleven introduced Reverend Bernard Bouissieres of Brookdale Christian Center Assembly of God, who led 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 03/24/14 -1- Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Director of Community Activities, Recreation and Services Jim Glasoe, 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 Myszkowski seconded to approve the Agenda and Consent Agenda, as amended, to remove Consent Agenda Item 6j, An Ordinance Amending Chapter 23 of the City Code of Ordinance Relating to Tobacco Related Product, for consideration as 10d, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. March 10, 2014—Study Session 2. March 10, 2014—Regular Session 3. March 10, 2014—Work Session 6b. LICENSES MECHANICAL Archer Mechanical 1614 Cliff Road E,Burnsville Air Corps LLC 2230 Terminal Road,Roseville Air Mechanical,Inc. 16411 Aberdeen Street NE, Ham Lake CenterPoint Energy 9320 Evergreen Boulevard, Coon Rapids Fireplace Gallery 433 E Main Street, Anoka Fireside Hearth&Home 2700 Fairview Avenue N, Roseville Go Fetsch Mechanical LLC 25884 Quail Ridge Trail, Lindstrom Harris Companies 909 Montreal Circle, St. Paul Heating& Cooling Two 18550 County Road 81, Maple Grove Jay Hawk Mechanical 3307 N 2nd Street, Minneapolis Kath HVAC 3096 Rice Street, Little Canada Marsh Heating & A/C 6248 Lakeland Ave, Brooklyn Park Metro Mechanical Contractors 7450 Flying Cloud Drive,Eden Prairie Minnesota Petroleum Service 682 39th Avenue NE, Minneapolis Pronto Heating& A/C 7500 Washington Avenue S, Eden Prairie Quality Refrigeration 6237 Penn Avenue S, Richfield RF Lesch, Inc. 5518 Lost Horizon Circle SE, Prior Lake RENTAL INITIAL (TYPE II—two-year license) 03/24/14 -2- 1343 67"Lane N John Caneday 5112 70`"Avenue N Natan Zadik—Invitation Homes 6001 Admiral Place Natan Zadik—Invitation Homes 6615 Camden Drive Calvin Johnson 6930 Oliver Avenue N Passed w/Weather Deferral Robert Lindahl 7045 Unity Avenue N Abideen Ajibola RENEWAL (TYPE III—one-year license) 5914 Fremont Avenue N Passed w/Weather Deferral Queena Sloan—missing all requirements 5727 James Avenue N Passed w/Weather Deferral Amelia Zachariason 4318 Winchester Lane Deepak Nath RENEWAL (TYPE II—two-year license) 51562 d Avenue N Wendi Agness 5603 Bryant Avenue N Passed w/Weather Deferral Michael Skrogstad 5935 Dupont Avenue N Passed w/Weather Deferral Gina Dumas 5818 Humboldt Avenue N Richard Olson 7219 June Avenue N Christian Restoration Services 5406 Sailor Lane James Waters RENEWAL (TYPE I—three-year license) 7015 Brooklyn Boulevard Willow Lane Apartments Jason Quilling 5348 7& Circle Deepak Nath 7211 Girard Avenue N Tommy Vang 5524 Logan Avenue N Mark Olson 6906 Newton Avenue N Eric Syrstad 6807 Quail Avenue N Paul Pham 6c. RESOLUTION NO. 2014-36 APPROVING A REVISED CREDIT CARD USE POLICY 6d. RESOLUTION NO. 2014-37 APPROVING THE LABOR AGREEMENT FOR LAW ENFORCEMENT SERVICES (LELS) LOCAL 82 (POLICE OFFICERS AND DETECTIVES) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 2014 AND 2015 6e. RESOLUTION NO. 2014-38 ADOPTING THE CITY OF BROOKLYN CENTER PEDESTRIAN AND BICYCLE PLAN AS A PLANNING AND DEVELOPMENT GUIDE 03/24/14 -3- 6E RESOLUTION NO. 2014-39 ESTABLISHING IMPROVEMENT PROJECT NOS. 2015-01, 02, 03 AND 04, FREEWAY PARK AREA STREET AND UTILITY IMPROVEMENTS 6g. RESOLUTION NO. 2014-40 ESTABLISHING IMPROVEMENT PROJECT NOS. 2015-05, 06, 07 AND 089 63" AVENUE NORTH STREET AND UTILITY IMPROVEMENTS 6h. RESOLUTION NO. 2014-41 PROVIDING A SIX MONTH EXTENSION TO THE TIME PERIOD FOR THE APPROVAL OF THE BRI MAR 3" ADDITION FINAL PLAT 6i. APPLICATION AND PERMIT FOR TEMPORARY ON-SALE LIQUOR LICENSE SUBMITTED BY MIRACLE EMPOWERMENT CENTER, 5801 JOHN MARTIN DRIVE, FOR A SOCIAL EVENT TO BE HELD MAY 17, 2014 6j. RESOLUTION NO. 2014-42 AMENDING SECTION 9.5 OF THE CITY'S PERSONNEL RULES AND REGULATIONS BY MODIFYING BENEFITS FOR CITY RETIREES 6k. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY CODE OF ORDINANCES RELATING TO TOBACCO RELATED PRODUCTS This item was considered as Agenda Item l Od. Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. PROCLAMATION DECLARING APRIL 1, 2014, AS NATIONAL SERVICE RECOGNITION DAY Mayor Willson read in full a Proclamation declaring April 1, 2014, as National Service Recognition Day in the City of Brooklyn Center, encouraging residents to recognize the positive impact of national service, to thank those who serve, and to find ways to give back to the community. Councilmember Myszkowski moved and Councilmember Kleven seconded to adopt a Proclamation declaring April 1, 2014, as National Service Recognition Day. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. DANGEROUS AND POTENTIALLY DANGEROUS DOG HEARING FEES 03/24/14 -4- Mr. Boganey presented this item and reviewed the proposed ordinance language change pertaining to dangerous dog fees. Councilmember Kleven moved and Councilmember Myszkowski seconded to open the public hearing. Motion passed unanimously. There were no comments. Councilmember Lawrence-Anderson moved and Councilmember Kleven seconded to close the public hearing. Motion passed unanimously. 1. ORDINANCE NO. 2014-03, AMENDING CHAPTER 1 OF THE CITY CODE OF ORDINANCES RELATING TO DANGEROUS AND POTENTIALLY DANGEROUS DOGS Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to adopt ORDINANCE NO. 2014-03, Amending Chapter 1 of the City Code of Ordinances related to Dangerous and Potentially Dangerous Dogs. Motion passed unanimously. 2. RESOLUTION NO.2014-43 AMENDING THE CITY FEE SCHEDULE TO ADD HEARING FEES FOR DANGEROUS AND POTENTIALLY DANGEROUS DOGS Mr. Boganey stated this related resolution clarifies fees associated with the dangerous dog hearing process. Councilmember Kleven moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2014-43, amending the City Fee Schedule to add Hearing Fees for Dangerous and Potentially Dangerous Dogs. Motion passed unanimously. 8b. CONTINUED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS AND WEED REMOVAL COSTS Mr. Boganey presented this item and reviewed the continuation of special assessments from the City Council's last meeting. He introduced Assistant City Manager/Director of Building and Community Standards Vickie Schleuning and invited her to address the City Council. 03/24/14 -5- Ms. Schleuning reviewed special assessments for five properties that were appealed at the City Council's March 10, 2014, meeting. She added staff has reviewed these cases and contacted the property owners to obtain additional information as needed, and to provide the property owners with details regarding the process. Ms. Schleuning stated City staff has prepared a memo for the City Council's review, which includes two options for the amended Special Assessment Certified Rolls, reflecting recommended changes. Ms. Schleuning stated the property owner at 6341 Halifax Drive indicated that she paid an amount for weeds and grass abatement on her HUD settlement statement. She added, after reviewing this case with HUD experts Luna and Luna LLP, City staff recommends that this amount be dismissed from the Certified Rolls. Ms. Schleuning stated the property owner at 5441 Dupont Avenue N indicated that he was injured and had paid someone else to cut his grass during this time. She added that City staff recommends that the full amount be specially assessed to the property, as the property owner was sent proper notice for the grass violations. Ms. Schleuning stated the property owner at 5815 Humboldt Avenue N indicated that he was not made aware of the grass violation when he purchased the property. She added the property owner felt he should not be responsible for fees incurred because the change in ownership occurred at that same time. She noted City staff recommends that the $150 administrative fee be waived and direct cost of$96.19 be specially assessed to the property. Ms. Schleuning stated the property owner at 6930 Halifax Avenue N indicated that she is not the current owner. She added the property owner has agreed to pay the full amount owed to avoid incurring further fees. She noted City staff recommends that the full amount be specially assessed to the property. Ms. Schleuning stated the property owner at 1606 Amy Lane indicated that the fee for tree removal may have been included in his closing costs settlement when he purchased the home. She added, after reviewing this case with HUD experts Luna and Luna LLP, City Staff recommends that the full amount be specially assessed to the property. Councilmember Myszkowski moved and Councilmember Ryan seconded to open the public hearing. Motion passed unanimously. Alex Zoerb, 5815 Humboldt Avenue N, expressed his frustration at being charged an assessment fee for weeds abatement that took place on his property immediately after he purchased it. He added he was not made aware of the tall grass violation. He noted he would have taken care of the problem himself if he had known about it. 03/24/14 -6- Mayor Willson stated, from the City's perspective, the abatement of weeds was undertaken with taxpayer dollars on this property. He added he understands Mr. Zoerb's frustration, but it is fair and reasonable to specially assess the property in question. Councilmember Ryan agreed, and asked whether Mr. Zoerb would have purchased the property if he had known about the special assessment. Mr. Zoerb confirmed this. He stated that he was not made aware of the violation. He added he believes it is not fair that he has only been given one month to pay the fee although it has been six months since the violation occurred. He noted that he is not able to afford the full amount that is being charged. Ms. Schleuning stated the amount of the special assessment would be added to the 2014 property tax, with additional interest added by Hennepin County, and the total amount can be pro-rated on a monthly basis. Mr. Zoerb stated he grew up in Brooklyn Center and has been a resident for 28 years. He added he looked for a property to purchase in the City so that he could stay within the community. He noted he is committed to mowing the lawn regularly and maintaining his property. Councilmember Ryan stated the City receives numerous complaints every year regarding properties with overgrown grass and weeds. He added it is necessary to enforce the ordinance in a proactive and consistent manner to address these complaints. Councilmember Lawrence-Anderson stated she hopes that Mr. Zoerb can appreciate the importance of a City-wide effort to address these complaints, and encourage residents to maintain neighborhoods and take care of their lawns. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the public hearing. 1. RESOLUTION NO. 2014-44 CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2014-44, certifying Special Assessments for Diseased Tree Removal Costs to the Hennepin County Tax Rolls. Motion passed unanimously. 2. RESOLUTION NO. 2014-45 CERTIFYING SPECIAL ASSESSMENTS FOR WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Myszkowski moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2014-45, certifying Special Assessments for Weed Removal Costs to the Hennepin County Tax Rolls. 03/24/14 -7- Motion passed unanimously. 9. PLANNING COMMISSION ITEMS -None. 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5439 CAMDEN 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 Ryan moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5439 Camden 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. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 7000 JAMES 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 Myszkowski seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 7000 James 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 3901 BURQUEST LANE 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. 1. RESOLUTION NO.2014-46 APPROVING A TYPE IV RENTAL LICENSE FOR 3901 BURQUEST LANE 03/24/14 -8- Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2014-46 Approving a Type IV Rental License 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. 10d. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY CODE OF ORDINANCES RELATING TO TOBACCO RELATED PRODUCTS Mr. Boganey presented this item and reviewed the proposed amendment to the City ordinances pertaining to tobacco related products. He stated City staff researched this issue at the City Council's request. He added, under the amended ordinance, vapor producing devices will be considered the same as smoking devices. He noted City staff recommends the City Council's approval of setting the first and second readings of the proposed amended ordinance, as well as a public hearing for April 28, 2014. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve First Reading and set Second Reading and Public Hearing for April 28, 2014, for an Ordinance Amending Chapter 23 of the City Code of Ordinances, Relating to Tobacco Related Products. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • March 11,2014, Planning meeting for book sale to benefit Crime Prevention Association • March 12, 2014, City Council tour of Andover water treatment plant • March 13, 2014,Neighborhood Stabilization Program(NSP) remodeled homes tour • March 17, 2014, Immigration and Law Enforcement Forum at Golden Valley City Hall, sponsored by Congressman Keith Ellison, featuring a presentation by Brooklyn Center Police Chief Kevin Benner • March 18, 2014,Neighborhood Watch Captain's meeting at West Fire Station • March 18, 2014, meeting in Brooklyn Park regarding proposed youth homeless shelter • April 6,2014, Lions Club Pancake Breakfast at Brooklyn Center High School, 8 a.m.-Noon • April 9, 2014, Annual meeting of City Council and Volunteer City Commissions • April 11, 2014,Annual Volunteer Firefighter's Association Appreciation Dinner • April 13, 2014, Brooklyn Center Fire Department's Annual Pancake Breakfast at East Fire Station Councilmember Kleven reported on her attendance at the following and provided information on the following upcoming events: • March 11, 2014, Brooklyn Center Women's Club Luncheon featuring speaker Mike Kline, Holocaust survivor; CEAP food drive and$1,300 raised for CEAP programs • March 11, 2014, Crime Prevention program 03/24/14 -9- • March 12, 2014, City Council tour of Andover water treatment plant • March 12, 2014, visit to Brooklyn Center Library to view display of over 400 works of art by students in Robbinsdale School District • March 13, 2014, Association for Responsible Management (ARM) meeting featuring presentations on smoke-free apartments • March 13, 2013, meeting at Brooklyn Center High School regarding summer programs and activities for youth • March 13, 2014,Neighborhood Stabilization Program(NSP)-remodeled homes tour • March 15, 2014,judge at Robbinsdale Area Schools 5t' Annual Spelling Bee • March 17, 2014, Immigration and Law Enforcement Forum at Golden Valley City Hall, sponsored by Congressman Keith Ellison, featuring a presentation by Brooklyn Center Police Chief Kevin Benner • March 18, 2014, Health Fair at Brooklyn Center High School, providing information on free walk-in services, as well as dental and mental health appointments, for all children who live, or attend school, in Brooklyn Center • March 18, 2014,Neighborhood Watch Captains meeting at West Fire Station • March 18, 2014, Housing Commission meeting led by new Chair Zachary Marko, including discussion on welcome bags • March 19,2014, Crime Prevention program • The Brooklyn Center Women's Club is giving two $1,000 scholarships to girls who live in Brooklyn Center. Applications must be received by April 4, 2014. For more information, contact Arlene Swanson (763-577-9789) • The Northwest Suburban Remodeling Fair will be held April 5, 2014, from 9 a.m.-3 p.m. at Crystal Community Center Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • March 12, 2014, City Council tour of Andover water treatment plant • March 17, 2014, Immigration and Law Enforcement Forum at Golden Valley City Hall, sponsored by Congressman Keith Ellison, featuring a presentation by Brooklyn Center Police Chief Kevin Benner • March 18, 2014, Earle Brown Days Committee meeting • March 18, 2014,Park and Recreation Commission meeting • March 19, 2014, chaired CEAP Board meeting; expressed thanks to Brooklyn Center Women's Club for donation of$1,300 for CEAP programs; still accepting March FoodShare drive donations • March 22, 2014, Park Center High School Girls Basketball team won the Class 3A State Championship game in a 73-71 victory over Marshall, congratulations to the team and the entire community Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • March 12, 2014, City Council tour of Andover water treatment plant • March 18, 2014, Earle Brown Days Committee meeting 03/24/14 -10- • March 27, 2014, Brooklyn Center Business Association luncheon, featuring guest speaker Brooklyn Center City Manager Curt Boganey Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • March 12, 2014, City Council tour of Andover water treatment plant • April 6, 2014, Lions Club Pancake Breakfast at Brooklyn Center High School, 8 a.m.-Noon • April 9, 2014,Annual meeting of City Council and Volunteer City Commissions • April 11, 2014, Annual Volunteer Firefighter's Association Appreciation Dinner • April 13, 2014, Brooklyn Center Fire Department's Annual Pancake Breakfast at East Fire Station • April 22, 2014,National Weather Service training at the West Fire Station • May 3, 2014, Annual Prayer Breakfast at Earle Brown Center • May 16, 2014, Brooklyn Center Crime Prevention Board golf fundraiser • June 18-20, 2014, League of Minnesota Cities' Annual Convention in St. Cloud • June 20-23, 2014, US Mayors Conference • June 26, 2014, Earle Brown Days parade 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded adjournment of the City Council meeting at 8:00 p.m. Motion passed unanimously. 03/24/14 -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 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 April 14, 2014, Regular Session. 0 City Clerk Mayor 03/24/14 -12-