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Home My WebLink About2013 04-22 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 APRIL 22, 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, Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Dan Jordet, 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 Carla Wirth, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Jeremy Mickelson, 4300 65h Avenue N, stated he has been parking his work truck in his residential driveway since 2005; however, had now received a letter stating it was a violation of City Code to park his nine-foot high 2011 Chevy Express Cutaway in his driveway. He showed the City Council a picture of his truck and indicated it was not considered to be a commercial vehicle based on its weight. Mr. Mickelson reviewed other cities that would not prohibit parking of this vehicle in a residential driveway. He noted a 10-foot tall RV is allowed to be parked in a residential driveway. Mr. Mickelson answered questions of the Council and indicated he had no other location to park his work van as it housed all of his tools. He stated he spoke with his immediate neighbors who were the same as when he moved to this property and none have objected. Mayor Willson asked staff to prepare a report and recommendation for the Council's review at the next Council meeting. City Manager Curt Boganey suggested this topic be scheduled for discussion at the next Work Session. Councilmember Kleven moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:53 p.m. Motion passed unanimously. 04/22/13 -1- 2. INVOCATION As the invocation, Mayor Willson requested a moment of silence and personal reflection on the devastating loss of life and injuries as a result of the Boston Marathon terrorist bombing and Texas West Fertilizer Company fire and explosion. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:01 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 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 Myszkowski moved and Councilmember Kleven seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. April 8, 2013 —Study Session 2. April 8, 2013 —Regular Session 3. April 10, 2013 —Joint Session with Commissions 6b. LICENSES MECHANICAL Dietrick Mechanical 4353 Sequoia Drive,Eagan Harris Companies 909 Montreal Circle, St. Paul Infinity Heating and Air Conditioning 1017 Meadowwood Drive, Brooklyn Park Northern Heating and Air Conditioning 9431 Alpine Drive NW, Ramsey Precision Plumbing 4124 MacKenzie Court NE, St. Michael Stern Heating and Cooling 34181 180th Avenue, Red Wing RENTAL INITIAL (TYPE III—one-year license) 04/22/13 -2- 5518 Irving Avenue N. Passed w/Weather Deferral Tsongna Yang INITIAL (TYPE II—two-year license) 5719 Halifax Avenue N. Qiu Ping Zheng 5740 Irving Avenue N. Sean Rahn 4207 Lakeside Avenue N. #336 Tamara Carlson RENEWAL (TYPE III—one-year license) 6119 Beard Avenue N. Konrad Wagner RENEWAL (TYPE II—two-year license) 1300 67th Avenue N. —Brookside Manor Anda Construction 7230 West River Road Nedim&Adisa Fr1j 4119 71St Avenue N. Nazir Moghul 6607 Beard Avenue N. Ernie Zheng 2913 Nash Road Michael & Beverly Bernier 7113 Palmer Lake Circle Travis Hoff 6605 Xerxes Place N. Ryan Bernard RENEWAL (TYPE I—three-year license) 110857 1h Avenue N. Chai Thao 5901 Aldrich Avenue N. Scott&Vickie Huber 6c. RESOLUTION NO. 2013-48 APPROVING FINAL PLAT FOR SHINGLE CREEK CROSSING 3"ADDITION Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2013-49 EXPRESSING RECOGNITION AND APPRECIATION OF SEAN RAHN FOR HIS DEDICATED PUBLIC SERVICE ON THE PLANNING COMMISSION Mayor Willson read in full a resolution expressing recognition and appreciation of Sean Rahn for his dedicated public service on the Planning Commission. Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2013-49 Expressing Recognition and Appreciation of Sean Rahn for his Dedicated Public Service on the Planning Commission. The City Council indicated it appreciated Mr. Rahn's leadership and expertise over the years. Motion passed unanimously. 04/22/13 -3- 7b. PROCLAMATION DECLARING MAY 19-25, 2013, PUBLIC WORKS WEEK IN BROOKLYN CENTER Mayor Willson read in full a Proclamation declaring May 19-25, 2013, Public Works Week in Brooklyn Center. Councilmember Myszkowski moved and Councilmember Ryan seconded to approve Proclamation declaring May 19-25, 2013, Public Works Week in Brooklyn Center. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. RESOLUTION NO. 2013-50 VACATING CERTAIN EASEMENTS WITHIN LOTS 2,3, 6, 7, 8, AND 9, BLOCK 1, SHINGLE CREEK CROSSING, HENNEPIN COUNTY,MINNESOTA Public Works Director/City Engineer Steve Lillehaug introduced the item and recommendation of the Planning Commission to approve the final plat for Shingle Creek Crossing 3rd Addition and terminate easements that are either no longer needed or are being replaced by new easements. He indicated staff was unaware of any entity objecting to the proposed vacations. It was noted the City Attorney had reviewed the release and termination documents and concurs to the purpose and form of the documents. Councilmember Ryan moved and Councilmember Myszkowski seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the Council Councilmember Ryan moved and Councilmember Myszkowski seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2013-50 Vacating Certain Easements within Lots 2, 3, 6, 7, 8, and 9, Block 1, Shingle Creek Crossing, Hennepin County, Minnesota. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS - None. 04/22/13 -4- 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5949 YORK 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 Kleven seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5949 York 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 5712 LOGAN 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 Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5712 Logan 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 6724 FRANCE 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 6724 France 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 5321 FREMONT AVENUE NORTH 04/22/13 -5- 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 Kleven seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5321 Fremont 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: • April 10, 2013, Annual Joint City Council and Commissions Meeting • April 12, 2013, Annual Brooklyn Center Fire Fighters Banquet • April 14, 2013, Brooklyn Center Fire Fighters Pancake Breakfast • April 17, 2013, Fire Fighters and Citizens Awards Ceremony • April 18, 2013, American Cancer Event at the State Capitol • April 20, 2013, Brooklyn Center EarthFest Councilmember Ryan announced the April 20, 2013, Great Shingle Creek Cleanup event was canceled and will be rescheduled. Councilmember Kleven reported on her attendance at the following: • April 9, 2013, Brooklyn Center Women's Club Event • April 11, 2013, Planning Commission Meeting • April 10, 2013, Annual Joint City Council and Commissions Meeting • April 11, 2013, African Immigrant Citizen Meeting(canceled due to weather) • April 12, 2013, Annual Brooklyn Center Fire Fighters Banquet • April 14, 2013, Brooklyn Center Fire Fighters Pancake Breakfast • April 16, 2013, Earle Brown Days Committee Meeting • April 17, 2013, Senior Spring Forum • April 17, 2013, Fire Fighters and Citizens Awards Ceremony • April 17, 2013, St. Alphonsus Fundraiser • April 20, 2013,Brooklyn Center EarthFest • April 22, 2013, Memorial Gathering for Rita DeBruyn Councilmember Myszkowski reported on her attendance at the following: • April 10, 2013, Annual Joint City Council and Commissions Meeting • April 12, 2013, Annual Brooklyn Center Fire Fighters Banquet • April 13, 2013, Performance of Waste Basket Review • April 16, 2013, CEAP Board of Directors Strategic Planning Retreat • April 17, 2013, Fire Fighters and Citizens Awards Ceremony 04/22/13 -6- Councilmember Myszkowski announced she was recently elected as CEAP Board Chair and thanked the Brooklyn Center Women's Club for its generous donation. She announced she would be out of town from April 18-20, 2013, and unable to attend the Board of Appeal and Equalization Meeting Councilmember Lawrence-Anderson reported on her attendance at the following: • April 9, 2013, spoke with Brooklyn Center High School Civic Classes • April 10, 2013, Annual Joint City Council and Commissions Meeting • April 12, 2013, Annual Brooklyn Center Fire Fighters Banquet • April 13, 2013, Lioness Fashion Show • April 16,2013,Park and Recreation Commission Meeting • April 17, 2013, Fire Fighters and Citizens Awards Ceremony • April 20, 2013, Brooklyn Center EarthFest Councilmember Lawrence-Anderson announced that the Brooklyn Center Crime Prevention Program will sponsor its annual golf tournament on May 17, 2013, at Centerbrook Golf Course. Mayor Willson reported on his attendance at the following: g • April 10, 2013, Annual Joint City Council and Commissions Meeting • April 11, 2013, African Immigrant Citizen Meeting(canceled due to weather) • April 12, 2013, Annual Brooklyn Center Fire Fighters Banquet • April 14, 2013, Brooklyn Center Fire Fighters Pancake Breakfast • April 17, 2013, Fire Fighters and Citizens Awards Ceremony sponsored by the Crime Prevention Program • April 19, 2013, Welcomed School Administrators at their Annual Conference • April 20, 2013, Brooklyn Center EarthFest Mayor Willson presented Mr. Boganey with a ten-year certification letter and Brooklyn Center logoed shirt. 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Kleven seconded adjournment of the City Council meeting at 7:34 p.m. Motion passed unanimously. 04/22/13 -7- 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 22, 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 May 13, 2013, Regular Session. Y= '�� 7&�' % City Clerk Mayor 04/22/13 -8-