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Home My WebLink About2014 01-13 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 JANUARY 13, 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 presept were City Manager Curt Boganey, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, 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 Kleven moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:47 p.m. Motion passed unanimously. 2. INVOCATION The invocation was given by Pastor Rachel Mciver Morey, Brooklyn Mosaic United Methodist Church. 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, Finance Director 01/13/14 4- Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, 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 table Item No. 6a.1., December 9,2013, Study Session Minutes,to the January 27,2014,agenda when a complete set can be provided. 6a. APPROVAL OF MINUTES December 9,2013—Regular Session December 18,2013 —Executive Session 6b. LICENSES BOWLING ALLEY AMF Bowling Centers/ 6440 James Circle N dba AMF Earle Brown Lanes FIREWORKS -PERMANENT PNS Stores, Inc. 5930 Earle Brown Drive GASOLINE SERVICE STATION Brooklyn Center Municipal Garage 6844 Shingle Creek Parkway Brooklyn Center Service, Inc. 6849 Brooklyn Boulevard Holiday Stationstores,Inc. 420 6e Avenue N Metropolitan Council 6845 Shingle Creek Parkway Northern Tier Energy/dba SuperAmerica 1901 57h Avenue N Northern Tier Energy/dba SuperAmerica 6950 Brooklyn Boulevard Northern Tier Energy/dba SuperAmerica 6545 West River Road Royalty& Sons, Inc. 6044 Brooklyn Boulevard Two Rivers Investment,Inc. 6840 Humboldt Avenue N MECHANICAL Assured Heating,AC &Refrigeration,Inc. 13571 Balsam Lane,Dayton Easco Plumbing& Heating, Inc. 7965 Pioneer Trail, Loretto Follmer Heating and Air, Inc. 7517 Colfax Avenue N, Brooklyn Park North Suburban Plumbing, Inc. 28221 144t' Street,Zimmerman Sabre Plumbing& Heating 15535 Medina Road, Plymouth 01/13/14 -2- PUBLIC DANCE AMF Bowling Centers/ 6440 James Circle N dba AMF Earle Brown Lanes RENTAL INITIAL (TYPE III—one-year license) 4216 Lakebreeze Avenue N Paul Sustman 7250 West River Road Paul Barli 3016 Quarles Road Heather Terry INITIAL (TYPE II—two-year license) 6331-6401-6425 Beard Avenue N CCF1 Holdings LLC 6106 Aldrich Avenue N Main Street Renewal,LLC 5316 Colfax Avenue Main Street Renewal, LLC 3018 O'Henry Road Passed w/Weather Deferral Chen Zhou 5901 Pearson Drive Main Street Renewal, LLC RENEWAL (TYPE III—one-year license) 4212 61 St Avenue N John Hostetler 420762 nd Avenue N no ARM meetings Christopher Rasmussen 2813 66th Avenue N Su Feng Zheng 5550 Girard Avenue N missing CPTED Restart Inc. 6761 Humboldt Avenue N Li-Chewen Su 6765 Humboldt Avenue N Moeen Masood and Shehla Alavi 6343 Orchard Avenue N Thomas and Dawn Mould RENEWAL (TYPE II—two-year license) 5401 63rd Avenue N John Schwarz 3613 47th Avenue N- Ryan Creek Manor Drew Kabanuk 6700 Humboldt Avenue N—Sterling Square Passed w/Weather Deferral John Roder 509 61St Avenue N Tim Daniel 2804 676i Lane N Bryon Aitkens 1600 71St Avenue N On Time Contractors 5715 Emerson Avenue N My Truong 5807 Girard Avenue N McKevha Thomas 5309 Humboldt Avenue N John Pillen 7025 Newton Avenue N Steve Branham 3801 Woodbine Lane Tom Prasky 5836 Xerxes Avenue N Paul White RENEWAL (TYPE I—three-year license) 01/13/14 -3- 3907 65th Avenue N—Granite Peaks Chris Kohler 2401-03 54th Avenue N Karboy Properties LLC 5329-33 Brooklyn Boulevard Tech Ung 6835 Noble Avenue N Robert Berglund 1308 68th Lane N Konrad Wagner 5351 71St Circle Ghulam Pyarali 5942 Aldrich Avenue N BRP II 6119 Beard Avenue N Konrad Wagner 5301 Brooklyn Boulevard Lily Wu 5133 Drew Avenue N Sarah Vogt 5101 Eleanor Lane N Michael Potaczek 6343 Emerson Avenue N Michael Meyer 7048 France Avenue N Tam Pham 6820 Fremont Place N Sharon McGary 5620 Girard Avenue N Kevin&Mandy Shultz 6728 Grimes Avenue N Charles Bright 6807 Humboldt Avenue N C102 New Concepts Management 6819 Humboldt Avenue N A202 New Concepts Management 1531 Humboldt Place N Passed w/Weather Deferral ShoeMiller Properties LLC 4207 Lakeside Avenue#134 William Bjerke 4708 Lakeview Avenue N Gary Scherber 7209 Unity Avenue N Joseph Ditto SECONDHAND GOODS DEALER Gamestop#535 6440 James Circle N SIGNHANGER Sandmann Signs& Electric, Inc. 24049 99" Street, Elk River Serigraphics 2401 Nevada Avenue, Golden Valley TOBACCO RELATED PRODUCT Brooklyn Center Municipal#1 5625 Xerxes Avenue N Brooklyn Center Municipal#2 6930 Brooklyn Boulevard Brooklyn Center Service, Inc./ 6849 Brooklyn Boulevard dba Perfect Car Wash#504 Burr Street Market, Inc./dba Quickshop 5808 Xerxes Avenue N Diamond Lake 1994 LLC/dba Cub Foods 3245 County Road 10 Family Dollar Inc. 2105 57th Avenue N Family Dollar Inc. 6211 Brooklyn Boulevard Family Dollar Inc. 6800 Humboldt Avenue N Grand St. Paul CVS LLC/dba CVS #1683 5801 Brooklyn Boulevard Holiday Stationstores, Inc. 420 66th Avenue N Holiday Stationstores, Inc. 6890 Shingle Creek Parkway Northern Tier Energy/dba SuperAmerica 1901 57th Avenue N Northern Tier Energy/dba SuperAmerica 6950 Brooklyn Boulevard 01/13/14 -4- Northern Tier Energy/dba SuperAmerica 6545 West River Road Regal Foods Corp. 615 66h Avenue N Royalty& Sons, Inc. 6044 Brooklyn Boulevard Walgreen's Company 6390 Brooklyn Boulevard Wal-Mart Stores,Inc. 1200 Shingle Creek Crossing 6c. RESOLUTION NO.2014-01 DESIGNATING OFFICIAL NEWSPAPER 6d. RESOLUTION NO. 2014-02 DESIGNATING DEPOSITORIES OF CITY FUNDS 6e. RESOLUTION NO. 2014-03 APPOINTING BROOKLYN CENTER REPRESENTATIVES TO EXECUTIVE COMMITTEE AND/OR BOARD OF >DIRECTORS OF THE BROOKLYN BRIDGE ALLIANCE FOR YOUTH, FIVE CITIES SENIOR TRANSPORTATION PROJECT, HENNEPIN RECYCLING GROUP, LOCAL GOVERNMENT INFORMATION SYSTEMS, NORTH METRO MAYORS ASSOCIATION, NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL, NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION, PETS UNDER POLICE SECURITY, PROJECT PEACE, TWIN LAKES JOINT POWERS ORGANIZATION,AND MINNEAPOLIS NORTHWEST CONVENTION& VISITORS BUREAU 6f. RESOLUTION NO. 2014-04 APPOINTING MUNICIPAL TRUSTEES TO THE BROOKLYN CENTER FIREFIGHTERS RELIEF ASSOCIATION BOARD OF TRUSTEES 6g. RESOLUTION NO. 2014-05 RECOGNIZING THE CONTRIBUTIONS OF ETHNIC POPULATIONS AND HERITAGE CELEBRATIONS 6h. RESOLUTION NO. 2014-06 GRANTING CORPORATE AUTHORITY FOR SIGNING OF CHECKS AND TRANSACTION OF FINANCIAL BUSINESS MATTERS 6i. RESOLUTION NO. 2014-07 CALLING FOR A PUBLIC HEARING REGARDING PROPOSED USE OF 2014 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 6j. RESOLUTION NO. 2014-08 APPROVING FINAL PLAT FOR SHINGLE CREEK CROSSING 4TH ADDITION 6k. RESOLUTION NO. 2014-09 APPROVING THE CONTRACT FOR INTERNATIONAL UNION OF OPERATING ENGINEERS (IUOE) LOCAL 49 (PUBLIC WORKS MAINTENANCE) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2014 01/13/14 -5- 61. RESOLUTION NO. 2014-10 ESTABLISHING A SISTER CITY RELATIONSHIP BETWEEN THE CITY OF BROOKLYN CENTER, HENNEPIN COUNTY,UNITED STATES OF AMERICA,AND THE CITY OF VOINJAMA,LOFA COUNTY,REPUBLIC OF LIBERIA Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2014-11 EXPRESSING RECOGNITION AND APPRECIATION OF ANISSA HOLLINGSHEAD FOR HER DEDICATED PUBLIC SERVICE ON THE FINANCIAL COMMISSION Mayor Willson read in full a Resolution expressing recognition and appreciation of Anissa Hollingshead for her dedicated public service on the Financial Commission from September 26, 2011,through December 31, 2013. Councilmember Kleven moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2014-11 Expressing Recognition and Appreciation of Anissa Hollingshead for her Dedicated Public Service on the Financial Commission. Motion passed unanimously. 7b. RESOLUTION NO. 2014-12 EXPRESSING RECOGNITION AND APPRECIATION OF MICHAEL PARKS FOR HIS DEDICATED PUBLIC SERVICE ON THE PLANNING COMMISSION Mayor Willson read in full a Resolution expressing recognition and appreciation of Michael Parks for his dedicated public service on the Planning Commission from March 13, 2006, through December 31, 2013. Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2014-12 Expressing Recognition and Appreciation of Michael Parks for his Dedicated Public Service on the Planning Commission. Motion passed unanimously. 7c. RESOLUTION NO. 2014-13 EXPRESSING RECOGNITION AND APPRECIATION OF MIKE SCHLOSSER FOR OVER 29 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER Mayor Willson read in full a Resolution expressing recognition and appreciation of Mike Schlosser for over 29 years of dedicated public service. Mr. Schlosser began his employment with the City of Brooklyn Center on June 4, 1984, and retired on December 31, 2013. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt 01/13/14 -6- RESOLUTION NO. 2014-13 Expressing Recognition and Appreciation of Mike Schlosser for over 29 Years of Dedicated Service to the City of Brooklyn Center. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. WANGSTAD AREA IMPROVEMENTS City Manager Curt Boganey introduced the item, and asked Public Works Director/City Engineer Steve Lillehaug to address the City Council. Mr. Lillehaug thanked Mike Albers, the City's new Project Engineer, who has been the lead engineer and manager for the Wangstad Area Improvements. He recognized Mr. Albers for his hard work and dedication to the project. Mr. Lillehaug stated two Public Hearings would be held at tonight's meeting, related to the Wangstad Area Street, Storm Drainage and Utility Improvements. He noted the program is in its 21St year, and has involved approximately 79 miles of roadway reconstruction. Mr. Lillehaug stated a neighborhood meeting was held on November 19, 2013, affected property owners have been notified of the public hearings, and City staff received one letter of objection with regard to special assessments. He added a copy of the objection letter and City staff's response has been provided in the meeting packet. He noted that City Council's consideration of the objection should be in terms of financial hardship rather than as an objection to the improvements and resultant benefits. He stressed that a payment option is provided by the City as well as a deferral program for residents who meet age and income criteria. Mr. Lillehaug stated that City staff recommends that the City Council refer substantial objections to staff, and only consider removing a related assessment if further review is necessary. He added City staff requests that the City Council consider the Wangstad Area Street, Storm Drainage and Utility Improvements based on State Statute 429 related to Local Improvements and Special Assessments. Mayor Willson referred to the Assessment Map of the Wangstad Project Area, which was included in the meeting packet, and noted that it is different from the CIP Project Areas Map (2014-2021) on the City website under "2014 Capital Improvement Program". Mr. Lillehaug confirmed that the 2014 CIP Planning document includes a more accurate Project Areas map. Mr. Lillehaug reviewed the project plan, which includes the replacement of all sewer lines in the project area as well as replacement of some unlined pipes, and provides for an improved storm sewer inlet system. He added some roads are in poor shape and have ongoing drainage issues, but the underlying soils are in good condition and the aggregate base is reusable, and new curb and gutter will be added. He noted sidewalks will be evaluated for repair, and the existing sidewalk near Odyssey Academy will be replaced with an 8-foot wide trail Mr. Lillehaug stated, with regard to street lighting, 11 existing multi-use poles will remain, and 6 free-standing poles will be replaced. He added residents can make street lighting requests by 01/13/14 -7- following the neighborhood petition process. Mayor Willson asked whether residents could be given additional information regarding the neighborhood petition process with regard to street lighting. Mr. Lillehaug agreed. Mr. Lillehaug stated that City staff understands the difficulties that arise as a result of the reconstruction process, and continues to work with residents to coordinate services and access in an attempt to mitigate any inconveniences. Mr. Lillehaug stated the CIP Project Area Map depicts residential and commercial properties, as well as different assessment rates. He added an interest rate of 6% was established by the City. He noted the project should be completed in the fall of 2014. Councilmember Ryan stated the City did not carry out street reconstruction projects in 2012. Mr. Lillehaug confirmed this, and added the City completed both 2011 and 2012 street reconstruction projects in 2011 on adjacent areas. He stressed the importance of completing street reconstruction as outlined in the City's Capital Improvement Plan, as many of the City's streets are beyond their useful life and continue to deteriorate. 1. RESOLUTION NO. 2014-14 ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NOS. 2014-01, 02, 03 AND 04, I'f WANGSTAD AREA STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS Councilmember Ryan moved and Councilmember Kleven seconded to open the Public Hearing. Motion passed unanimously. Bill Kalinosky, 6118 France Avenue N, stated he would like more information on storm sewers, as his street gets flooded regularly. Mr. Lillehaug stated new storm sewers will be included throughout the project area. Councilmember Kleven moved and Councilmember Myszkowski seconded to close the Public Hearing. Motion passed unanimously. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2014-14 Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project Nos. 2014-01, 02, 03 and 04, Wangstad Area Street, Storm Drainage and Utility Improvements. Motion passed unanimously. 2. RESOLUTION NO. 2014-15 CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2014-01 AND 2014-02, 01/13/14 -8- WANGSTAD AREA STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS Councilmember Ryan moved and Councilmember Kleven seconded to open the Public Hearing. Motion passed unanimously. Olufemi Onagbaju, 470163 d Avenue N, stated he owns a large corner lot with two houses on it, and his total bill from assessments will be close to $15,000. He added he is objecting to the assessment because he cannot afford to pay the total amount. Mayor Willson stated a payment plan is available from the City. Mr. Lillehaug stated the lot in question is large enough to be subdivided so it is being assessed twice. Mayor Willson stated City staff is following policy, and the resident has options for making payments. Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan stated the City must bond to cover the costs associated with street reconstruction as contractors expect payment upon completion. He added the 6% interest rate annualized over 10 years is set on the City's borrowing costs. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2014-15 Certifying Special Assessments for Improvement Project Nos. 2014-01 and 2014-02, Wangstad Area Street, Storm Drainage and Utility Improvements. Motion passed unanimously. 8b. ORDINANCE NO. 2014-01 VACATING PART OF THE`STREET EASEMENT (JAMES CIRCLE NORTH) AT 6405 AND 6415 JAMES CIRCLE NORTH, IN REGISTERED LAND SURVEY NUMBER 1482 (DENNY'S RESTAURANT AND DAYS INN HOTEL) Mr. Lillehaug requested the Council's consideration of the second reading and adoption of an ordinance, which vacates an easement at James Circle North. He added the Hennepin County Examiner of Titles Office has indicated an error on the title, as the length and bearing are incorrect, and the easement must be re-vacated. He noted he is unaware of any objections to the vacation. Councilmember Myszkowski moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. There were no comments. 01/13/14 -9- Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Public Hearing. Motion passed unanimously. Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to adopt ORDINANCE NO. 2014-01 Vacating Part of the Street Easement (James Circle North) at 6405 and 6415 James Circle North, in Registered Land Survey Number 1482 (Denny's Restaurant and Days Inn Hotel). Motion passed unanimously. 8c. RESOLUTION NO. 2014-16 VACATING CERTAIN EASEMENTS WITHIN LOT 5, BLOCK 1, SHINGLE CREEK CROSSING, AND LOT 2, BLOCK 1, SHINGLE CREEK CROSSING 3"ADDITION,HENNEPIN COUNTY,MINNESOTA Mr. Lillehaug stated all coincident easements that were dedicated with the new Shingle Creek Crossing plat must be vacated. Councilmember Ryan moved and Councilmember Kleven seconded to open the Public Hearing. Motion passed unanimously. There were no comments. Councilmember Kleven moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2014-16 Vacating Certain Easements within Lot 5, Block 1, Shingle Creek Crossing, and Lot 2, Block 1, Shingle Creek Crossing 3rd Addition, Hennepin County, Minnesota. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS -None. 10. COUNCIL CONSIDERATION ITEMS 10a. SELECT PRESIDING OFFICERS—MAYOR PRO TEM AND ACTING MAYOR PRO TEM 01/13/14 -10- Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to ratify the Mayor's nomination of Dan Ryan as Mayor Pro Tem and Carol Kleven as Acting Mayor Pro Tem for 2014. Motion passed unanimously. 10b. RESOLUTION NO. 2014-17 DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER Mayor Willson read the resolution in full, declaring the City Council's commitment to and compliance with the City Charter. Councilmember Lawrence-Anderson moved and moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2014-17 Declaring Commitment to the Brooklyn Center City Charter. Motion passed unanimously. 10c. MAYORAL APPOINTMENTS OF CITY COUNCIL MEMBERS TO SERVE AS LIAISONS TO CITY ADVISORY COMMISSIONS AND AS CITY REPRESENTATIVE/VOTING DELEGATES FOR OTHER ORGANIZATIONS FOR 2014. Mayor Willson announced the following appointments to serve as liaisons to City Advisory Commissions and as City RepresentativeNoting Delegates for Other Organizations for 2014, noting these appointments are amended from the memorandum provided in the Council packet: Financial Commission Kris Lawrence-Anderson Housing Commission Carol Kleven Park and Recreation Commission Lin Myszkowski Ad Hoc Youth Advisory Commission Lin Myszkowski Crime Prevention Program Carol Kleven Earle Brown Days Committee Kris Lawrence-Anderson Tim Willson—Alternate League of Minnesota Cities Dan Ryan; Tim Willson—Alternate Metro Cities Dan Ryan; Carol Kleven—Alternate North Hennepin Area Chamber of Commerce Tim Willson Councilmember Myszkowski moved and Councilmember Ryan seconded to ratify Mayoral appointments of City Council Members to Serve as Liaisons to City Advisory Commissions and as City Representative/Voting Delegates for Other Organizations for 2014. Motion passed unanimously. 10d. MAYORAL REAPPOINTMENTS TO CITY ADVISORY COMMISSIONS 01/13/14 -11- Mayor Willson read the reappointments to City Advisory Commissions as follows: Financial Commission-Patricia Glenn (term to expire 12/31/2016) Housing Commission—Kathie Amdahl,David Johnson (term to expired 12/31/2016) Park and Recreation Commission—Gail Ebert,Jerome Witalka (term to expire 12/31/2016) Planning Commission—Scott Burfeind, Carlos Morgan (term to expire on 12/31/2015) NW Hennepin Human Services Council Advisory Commission—Sharon Kephart (term to expire 12/31/2015) NW Suburbs Cable Communications Commission—Rex Newman (term to expire 12/31/2014) Councilmember Kleven moved and Councilmember Ryan seconded to ratify Mayoral Reappointments to City Advisory Commissions. Motion passed unanimously. 10e. TOBACCO SAMPLING 1. AN ORDINANCE PROHIBITING SAMPLING IN TOBACCO PRODUCTS SHOPS; ADDING NEW BROOKLYN CENTER CITY CODE, SECTION 23-110 Mr. Boganey presented background information on a proposed ordinance that would prohibit sampling in tobacco products shops and establishing a new Brooklyn Center Code of Ordinance, General Licensing Regulations, Section 23-110. Mr. Boganey requested the Council's consideration of an ordinance that would close a loophole in the current ordinance, which allows hookah lounges and tobacco shops to provide sampling of tobacco related products in tobacco establishments. He noted, as the ordinance process takes several weeks, a resolution has been prepared for the Council's review which would establish a moratorium for any application that would be received by the City during this period. Mayor Willson asked whether the vaping devices in question are classified as a tobacco related products. City Attorney Charlie LeFevere confirmed this. He stated the Minnesota Clean Indoor Air Act, the purpose of which is to protect citizens from the adverse health effects of smoke in public places, only relates to tobacco products but does not include artificial nicotine delivery systems. Mr. LeFevere stated there is currently little information regarding the science of vaping devices and whether there is a secondhand smoke hazard. He added another reason to regulate these devices is to diminish this gateway for youth moving into tobacco use. He noted this does not 01/13/14 -12- fall under the public purpose of the Clean Indoor Air Act, although Hennepin County recently adopted an ordinance prohibiting the use of vaping devices in County buildings. Mayor Willson stated the City could consider an ordinance that would ban vaping devices on all City property, similar to Hennepin County. Mr. LeFevere stated another ordinance would be necessary for that purpose. Mayor Willson stated that studies and available information are incomplete on the future effects that these devices will have. Councilmember Kleven stated there were many different types of vaping devices at the establishment she visited. Councilmember Ryan stated.he would support the moratorium as well as the first reading of an ordinance. He added the Council should consider a more broad discussion at a work session in the near future in an attempt to gain more information on this subject. Councilmember Myszkowski agreed adding the moratorium and proposed ordinance are the beginning of an ongoing discussion. She added the Council will pursue further research and information. She noted the Brooklyns Youth Council discussed this issue at a recent meeting, and they were in agreement that something needs to be done to regulate vaping devices. Councilmember Lawrence-Anderson asked whether the ordinance language could incorporate both tobacco and nicotine. Mayor Willson stated nicotine is not regulated by the FDA. Mr. LeFevere stated the proposed ordinance would only address sampling in tobacco shops. Councilmember Lawrence-Anderson stated the vaping devices are being marketed to children, and encouraging public use. She added the City Council must be proactive in preventing the use of vaping devices. Mr. LeFevere stated other cities have incorporated the sale of these devices into their tobacco licensing process, so the same protections for sale of nicotine delivery products would apply to vaping devices. He agreed to research the issue further and determine ways that other cities are dealing with this issue. Councilmember Kleven moved and Councilmember Ryan seconded to approve first reading of Ordinance Prohibiting Sampling in Tobacco Products Shops; Adding New Brooklyn Center City Code, Section 23-110, and set second reading and Public Hearing for February 10,2014. Motion passed unanimously. 2. RESOLUTION NO. 2014-18 ESTABLISHING A MORATORIUM ON ESTABLISHMENT OF TOBACCO PRODUCTS SHOPS Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2014-18 Establishing a Moratorium on Establishment of Tobacco Products Shops. Motion passed unanimously. 01/13/14 -13- Mayor Willson noted the presence of Emily Anderson in the audience. He added Ms. Anderson represents the Minnesota Association of Non-Smokers, and invited her to address the Council. Emily Anderson, Minnesota Association of Non-Smokers, stated 25 other Minnesota cities have updated their City ordinances to include specific regulation of electronic cigarettes. She added cities are not able to regulate the products that are available, but cities can regulate how they are sold, which supports other bans including those related to School District property. Mr. LeFevere asked whether these City regulations pertain to NicarrestTM and other cessation aids that contain nicotine. Ms. Anderson stated this excludes FDA-approved cessation devices, which are subject to rigorous testing unlike electronic cigarettes, which are not tested. She noted that youth use of e-cigarettes in the United States doubled during the period 2011-2012. Mayor Willson thanked Ms. Anderson for her insight and asked if she would be willing to attend a Council work session to provide further information. Ms. Anderson agreed. 10L RESOLUTION NO. 2014-19 ADOPTING CAPITAL PROJECT FUNDING POLICY Mr. Boganey introduced this resolution, and invited Finance Director Nate Reinhardt to address the City Council. Mr. Reinhardt reviewed the prioritization of unfunded capital projects and the possible creation of a funding policy for future capital needs. He stated this resolution will provide a recurring source of funding for the City's 15-Year Capital Improvement Plan,adopted by the City Council on December 9,2013. Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2014-19 Adopting Capital Project Funding Policy. Motion passed unanimously. 10g. RESOLUTION NO. 2014-20 TRANSFERRING FUNDS TO THE CAPITAL PROJECTS FUND Mr. Boganey reviewed this resolution, stating the transfer of"excess funds" for the purpose of funding Capital Improvements projects requires authorization from the City Council. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2014-20 Transferring Funds to the Capital Projects Fund. Motion passed unanimously. 10h. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6906 NEWTON 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 01/13/14 -14- motion. 1. RESOLUTION NO. 2014-21 APPROVING A TYPE IV RENTAL LICENSE FOR 6906 NEWTON AVENUE NORTH Councilmember Kleven moved and Councilmember Ryan seconded adoption of RESOLUTION NO. 2014-21 Approving a Type IV Rental License for 6906 Newton 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: • December 21, 2013,Hmong New Year Celebration at the Metrodome • January 4, 2014, Memorial Service for Dean Nyquist, former Brooklyn Center Mayor from 1978-1990,who died January 1, 2014. • January 9,2014,North Hennepin Area Chamber of Commerce State of the Cities luncheon at Edinburgh Golf Course • January 11, 2014, Annual Legislative Breakfast at Crystal City Hall • January 16, 2013, Grand Opening of Schlotzky's in Shingle Creek Crossing • January 23, 2014, will attend Brooklyn Center Business Association luncheon at Boulevard Hotel, formerly known as Crowne Plaza-keynote speaker will be Brooklyn Center Chief of Police Kevin Benner - Councilmember Kleven reported on her attendance at the following and provided information on the following upcoming events: • January 4,2014, Memorial Service for Dean Nyquist • January 9, 2014,North Hennepin Area Chamber of Commerce State of the Cities luncheon at Edinburgh Golf Course • January 11,2014, Annual Legislative Breakfast at Crystal City Hall Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • December 11, 2013, Chaired CEAP Executive Committee Meeting • December 17, 2013, Housing Commission Meeting • December 19, 2013, Brooklyns Youth Council Advisory Team Meeting • December 19, 2013, Liberia trip meeting, in preparation for upcoming trip to Brooklyn Center's Sister City of Voinjama, Liberia • January 7, 2014, Dangerous Dog Hearing • January 6, 2014, Meals on Wheels delivery during extremely cold weather 01/13/14 -15- • January 13, 2014, met with Brooklyn Park City Councilmember Rich Gates, who visited Liberia in November 2013, and provided useful information and tips on how to prepare for the trip to Liberia • January 13, 2014, Brooklyns Youth Council Meeting Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • January 6, 2014, Brooklyn Center Business Association meeting • January 8, 2014, Odyssey Academy Board Meeting • January 14-23, 2014, family visit to Alaska • January 23, 2014,will attend Brooklyn Center Business Association luncheon Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • December 18, 2013, Special Meeting of the City Council • December 19, 2013, Liberia trip meeting, in preparation for upcoming trip to Brooklyn Center's Sister City of Voinjama, Liberia • January 4, 2014, Visitation for Dean Nyquist • January 7, 2014, Dangerous Dog Hearing • January 9, 2014,North Hennepin Area Chamber of Commerce State of the Cities luncheon at Edinburgh Golf Course Mr. LeFevere asked Mayor Willson whether he would like to address staff evaluations after this evening's meeting. Mayor Willson declined, and requested that evaluations be added to an upcoming Regular Session agenda after his return from Liberia. 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Myszkowski seconded adjournment of the City Council meeting at 9:14 p.m. Motion passed unanimously. 01/13/14 -16- 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 p p Regular Session of the City Council of the City of Brooklyn Center held on January 13, 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 January 27, 2014, Regular Session. City Clerk May r gror 77em 01/13/14 -17-