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Home My WebLink About2014 09-22 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 SEPTEMBER 22, 2014 CITY HALL—COUNCIL CHAMBERS I. 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 Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Councilmember Carol Kleven was absent and excused. 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. No one wished to address the City Council. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Informal Open Forum at 6:47 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Ryan shared a passage from Romans 12:7 for the Invocation: "If your gift is serving others, then serve them well." 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 09/22/14 -1- Mayor Tim Willson and Councilmembers Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Councilmember Carol Kleven was absent and excused. 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 Lawrence-Anderson moved and Councilmember Myszkowski seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. August 27, 2014—Joint Work Session with Financial Commission 2. September 3, 2014—Joint Work Session with Financial Commission 3. September 8, 2014—Study/Work Session 4. September 8, 2014—Regular Session 6b. LICENSES RENTAL INITIAL (TYPE III—one-year license) 1329 63`d Lane Vicki Krokum INITIAL (TYPE II—two year license) 5455 Emerson Avenue N Mark Colville 6243 France Avenue N Gavin Kleinknecht 6900 Newton Avenue N Gavin Kleinknecht RENEWAL (TYPE III—one year license) 142555 th Avenue N Trung Duong—No ARM Meetings 4214 Lakeside Avenue James Shoultz 410161 st Avenue N Long Xiong Missing 1 ARM and CFHC 6005 Admiral Place Dan Soffa 5351 Irving Avenue N Doug Wahl RENEWAL (TYPE II—two-year license) 280665 th Avenue N A-Jelil Abdella 28,1366 th Avenue N Su Feng Zheng 6300 France Avenue N Wade Klick 4013 Joyce Lane Fredrick Heim 09/22/14 -2- RENEWAL (TYPE I—three-year license) 6342 Orchard Avenue N Art Zink 6670 Xerxes Place N Dolores Fischer 6c. RESOLUTION NO. 2014-130 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2014-05, WATER TREATMENT PLANT 6d. RESOLUTION NO. 2014-131 APPROVING A LIMITED LEASE FOR BC LIQUOR AT 3615 48TH AVENUE NORTH, BROOKLYN CENTER, MN 55429 6e. APPROVAL OF SITE PERFORMANCE GUARANTEE RELEASE FOR LUTHER BROOKDALE TOYOTA AND HONDA DEALERSHIP SITES, 6700 AND 6800 BROOKLYN BOULEVARD Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS -None. 8. PUBLIC HEARINGS 8a. CONTINUED SPECIAL ASSESSMENT HEARING FOR PROPOSED SPECIAL ASSESSMENTS FOR NUISANCE ABATEMENT COSTS Assistant City Manager/Director of Building and Community Standards Vickie Schleuning introduced the item, discussed the history, and stated the purpose of the proposed special assessment hearing. She reviewed each appeal and provided information for the City Council's review in each case. Councilmember Ryan moved and Councilmember Myszkowski seconded to open the Public Hearing. Motion passed unanimously. Wade Klick 6300 France Avenue North, stated he did not receive sufficient notice of the complaint from the City, and City staff has not been able to provide copies of letters sent to him. He added his tenants do not speak English, and did not forward mail addressed to him. He questioned why the first two letters were sent via Certified Mail, but the third letter was not. Mr. Klick stated he does not think the fines should continue to increase if he has not received proper notice. 09/22/14 -3- Councilmember Ryan asked whether Mr. Klick receives his water bill. Mr. Klick stated utility bills are sent to both his P.O. Box and the rental property to ensure that they are paid on time. He added the rental property address is listed in Hennepin County tax records. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Public Hearing. Councilmember Ryan asked, with regard to 6300 France Avenue North, whether the owner has some responsibility to ensure that their property records are up to date, and to communicate any changes to the County. Mayor Willson asked,with regard to 5331 Camden Avenue North,whether the photos are an accurate representation of the current state of this property. Ms. Schleuning stated she is unsure whether junk and other items on the property have been moved around,but the resident has not made any effort to improve the situation, and the property continues to be in violation of City ordinances. Mr. Boganey stated it would be very difficult for City staff to determine whether Hennepin County property ownership records are current and accurate. He added County property records are reliable as property taxes are sent to the address on file with Hennepin County. 1. RESOLUTION NO. 2014-132 CERTIFYING SPECIAL ASSESSMENTS FOR NUISANCE ABATEMENT COSTS TO THE HENNEPIN COUNTY TAX ROLLS 2. RESOLUTION NO. 2014-133 CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE VACANT BUILDING REGISTRATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2014-132 Certifying Special Assessments for Nuisance Abatement Costs to the Hennepin County Tax Rolls; and RESOLUTION NO. 2014-133 Certifying Special Assessments for Administrative Vacant Building Registration Costs to the Hennepin County Tax Rolls. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS -None. 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 1309 68TH LANE NORTH 09/22/14 -4- 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 1309 68th Lane 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 7018 IRVING 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 Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 7018 Irving 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 6900 QUAIL 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 Lawrence-Anderson moved and Councilmember Myszkowski seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 6900 Quail 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 VICTORIA TOWNHOUSES,6740 GRIMES PLACE 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. 09/22/14 -5- Councilmember Ryan moved and Councilmember Myszkowski seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for Victoria Townhouses, 6740 Grimes Place, 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. 10e. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 3413 62ND 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 3413 62nd 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. 10L CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5517 KNOX 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 Lawrence-Anderson moved and Councilmember Myszkowski seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5517 Knox 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. 10g. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 4204 LAKEBREEZE AVENUE 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. 2014-134 APPROVING A TYPE IV RENTAL LICENSE FOR 4204 LAKEBREEZE AVENUE Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt 09/22/14 -6- RESOLUTION NO. 2014-134 approving the Issuance of a Type IV Rental License for 4204 Lakebreeze Avenue, 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. 10h. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5706 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. 1. RESOLUTION NO. 2014-135 APPROVING A TYPE IV SIX-MONTH PROVISIONAL RENTAL LICENSE FOR 5706 CAMDEN AVENUE NORTH Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2014-135 approving the issuance of a Type IV six-month provisional rental license and mitigation plan for 5706 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. 10i. HEARING FOR MING YAO ZHENG REGARDING RENTAL PROPERTY LOCATED AT 6830 PERRY AVENUE NORTH Mr. Boganey introduced the item. He invited City Prosecutor John Thames to address the City Council on this issue. John Thames City Prose n to 54 calls for service Prosecutor, stated the Police Department has responded since 2010 at the rental property located at 6830 Perry Avenue North. He added the owner of the property is Ming Yao Zheng, to whom the rental license is issued. He noted the rental license expires on December 31, 2014. Mr. Thames stated public disturbance notices were sent to the property owner, Mr. Zheng, on May 5 and September 15, 2013, and April 10, 2014. He added that Mr. Zheng was notified on August 28, 2014, that, pursuant to City Ordinance 12-911, evidence of eviction on his part would stay any action by the City Council, but he did not pursue eviction. He noted it is the recommendation of City staff and the Brooklyn Center Police Department that Mr. Zheng's rental license be revoked, effective immediately. City Attorney Charlie LeFevere stated any decision of the City Council should include a written order providing a date when the new license can be effective as well as a date when applications will be received. 09/22/14 -7- Police Commander Tim Gannon stated Police Officers were called to the rental property and witnessed 7 validated disturbances, and neighbors have been submitting anonymous complaints. He added the rental property has been occupied by the same renters since 2010, and the property owner has been given ample opportunity to take action. Councilmember Myszkowski moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. Jack Zheng, a student at the University of Minnesota, spoke on behalf of his brother, Ming Yao Zheng, 2010 Van Buren Avenue North, Hopkins. He asked how long his brother will have before he has to evict his tenants if the license is revoked at tonight's meeting. Mayor Willson encouraged the property owner to begin proceedings against his tenants immediately. Mr. LeFevere stated the property owner can pursue an unlawful detainer action. Councilmember Lawrence-Anderson stated the property owner has been aware of the renter's violations since 2013, as well as the possibility that the rental license could be revoked. She added no action was taken by the property owner to evict the tenants. Councilmember Ryan asked why the applicant did not evict the tenant, as indicated in his October 13, 2013, letter to City staff. Mr. Zheng stated they are good tenants, and always pay their rent on time, and he decided to give them another chance. Councilmember Myszkowski moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. Councilmember Ryan stated the property owner made a conscious decision not to evict the tenants, even though he was aware of their repeated disturbances. He added there has been clear communication from the Police Department to the property owner. He noted, on that basis, this action by the City Council is warranted. Councilmember Myszkowski stated the residents of Brooklyn Center are continually confronted with rental tenants causing neighborhood disturbances, and they want it to stop. She added the City often does not have enough information or documentation to enact change. She noted, in this case, the tenants caused repeated disturbances and created an atmosphere in which the neighbors felt threatened, and yet no action was taken by the property owner to address this issue,which has led to the loss of the quality of life in the neighborhood. Councilmember Myszkowski stressed to the property owner, Mr. Zheng, the importance of the City Council's action in revoking his rental license, and the seriousness with which the City Council undertakes this action. 09/22/14 -8- Councilmember Lawrence-Anderson stated Brooklyn Center is a safe community with good neighborhoods and residents who care about their homes and their neighbors. She added one of residents' main concerns is the. blight of rental housing in neighborhoods, which reduces desirability and negatively impacts home values. Councilmember Ryan stated residents often wonder why it takes so long for the City to take action on issues like this, but the City is required to pursue due process. He added, in this situation, abusive, disorderly tenants have subjected neighborhood residents to disturbances and fear, and created the possibility of escalating conflict. He noted he is pleased that the City is taking action on this rental license. 1. RESOLUTION NO. 2014-136 TO REVOKE A RENTAL HOUSING LICENSE FOR 6830 PERRY AVENUE NORTH Mayor Willson moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2014- 136 to Revoke a Rental Housing License for 6830 Perry Avenue North, with the following amendment: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota,that: 1. The rental license issued to Licensee for the property located at 6830 Perry Avenue North, Brooklyn Center, MN 55429 is hereby revoked from October 1, 2014, to October 1, 2015. No approval of any application will be effective until October 1, 2015. No application will be accepted for processing until August 1,2015. and Mayor Willson further instructed that City staff provide a report to the City Council at a meeting within the next thirty days detailing the property owner's actions with regard to eviction of the current tenants. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • September 10, 2014, tour of model apartments in newly remodeled Lake Pointe Apartment complex, 53rd Avenue North and Brooklyn Boulevard • September 13, 2014, Brooklyn Center Fire Department Annual Open House at West Fire Station • September 18, 2014, gave Mayor's Greeting and Proclamation at Prince Hall Grand Masonic Lodge Annual Convention, held at Boulevard Hotel • September 18, 2014, Firehouse Park Neighborhood Meeting • September 21, 2014, Multimodal Transportation Forum,held at Union Depot, St. Paul • September 28, 2014, Lions Club Pancake Breakfast at Brooklyn Center High School from 8:00 a.m.— 12:30 p.m. 09/22/14 -9- Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • September 12, 2014, shopped at Crime Prevention Association's Book Sale Fundraiser • September 13, 2014, Brooklyn Center Fire Department Annual Open House at West Fire Station • September 13, 2014,North Memorial Clinic Opening Ceremony Ribbon Cutting • September 15, 2014, met with new CEAP Board Chair and prospective CEAP Board Member • September 15, 2014, Brooklyns Youth Council meeting • September 16, 2014, Earle Brown Days Meeting, elected new Chair Tom Shinnick • September 17, 2014, CEAP Board Meeting • September 18,2014,Firehouse Park Neighborhood Meeting • September 19, 2014, met with new CEAP President • September 22, 2014, lunch meeting with Decontee Sawyer, widow of Patrick Sawyer, American who contracted and died from Ebola virus; hosting a memorial service for victims of Ebola to be held Saturday September 27, 2014, 12:00 p.m., at Brookdale Christian Center Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • September 10, 2014, Odyssey School Board Meeting • September 12, 2014, shopped at Crime Prevention Association's Book Sale Fundraiser • September 13, 2014, Brooklyn Center Fire Department Annual Open House at West Fire Station • September 16, 2014, Earle Brown Days meeting • September 18, 2014, Firehouse Park Neighborhood Meeting • September 17, 2014, Odyssey School visit with 3rd grade class • September 21, 2014, visited Brooklyn Center Farmer's Market • September 25,2014,Brooklyn Center Business Association Luncheon • September 17, 2014, Robbinsdale School District 281 Referendum Meeting - discussed renewing existing operating levy as well as new technology levy • September 23, 2014, Regional Cultural Service Unit Peer Education Training at West Fire Station • October 25, 2014, Odyssey Academy Grand Re-Opening and Pancake Breakfast Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • September 10, 2014, toured Lake Pointe Apartments, new complex renovated by Jim Soderbergh - expressed appreciation for Mr. Soderbergh who has refurbished many of the City's apartment complexes, creating more livable and modern spaces • September 12, 2014, videotaped"Mayor's Minute"at Cable TV Channel 12 • September 13, 2014, Brooklyn Center Fire Department Annual Open House at West Fire Station • September 13, 2014,North Memorial Clinic Grand Opening and Ribbon Cutting 09/22/14 -10- • September 16, 2014, participated in panel discussion at the Presidents' Office of National Drug Policy Control Forum at the White House, along with other recovery advocates; related the story of his daughter, who passed away in May 2007 from a heroin overdose • September 18, 2014, spoke with a reporter from Minnesota Public Radio along with Mr. Boganey • September 18, 2014, Firehouse Park Neighborhood Meeting • September 20, 2014, met with West African Family Day Committee at Center for Families, 333 North 4th Street, Minneapolis • September 28, 2014, Lions Club Pancake Breakfast at Brooklyn Center High School from 8:00 a.m.— 12:30 p.m. • September 30, 2014, Dangerous Dog Hearing • October 1, 2014, Candlelight Vigil at North Hennepin Community College to raise domestic abuse awareness • October 6, 2014, Special Budget Meeting with Financial Commission • October 7, 2014, Brooklyn Center Fire Relief Association Meeting • October 11, 2014, meeting with a group to discuss the City of Brooklyn Center at Gardens of Salonica, 19 5th Street NE,Minneapolis • October 12, 2014, Cub Scouts Eagle Badge Award Ceremony at St. Alphonsus Church at 6:30 p.m.; assist Cub Scouts in getting their citizenship badges 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded adjournment of the City Council meeting at 9:20 p.m. Motion passed unanimously. 09/22/14 -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 September 22, 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 October 13, 2014, Regular Session. City Clerk Mayor 09/22/14 -12-