The URL can be used to link to this page

Home My WebLink About2014 01-27 CCM Regular SessionMINUTES 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 27, 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 Pro Tern Ryan at 6:45 p.m. ROLL CALL Mayor Pro Tern Dan Ryan and Councilmembers Carol Kleven, Kris Lawrence-Anderson, and Lin Myszkowski. Mayor Tim Willson 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 Pro Tern Ryan opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to close the Informal Open Forum at 6:48 p.m. Motion passed unanimously. 2.INVOCATION Councilmember Lawrence-Anderson gave a reflection on the legacy of Dr. Martin Luther King, Jr. She recalled his famous speech on August 28, 1963, at the "March on Washington," and read Dr. King's closing paragraph. Councilmember Lawrence-Anderson stated the City of Brooklyn Center is a diverse community that strives to be mindful of the varied and rich cultures of its residents, regardless of color, race, or religion. 01/2714 -1- 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Pro Tern Ryan at 7:00 p.m. 4.ROLL CALL Mayor Pro Tern Dan Ryan and Councilmembers Carol Kleven, Kris Lawrence-Anderson, and Lin Myszkowski. Mayor Tim Willson 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 Myszkowski moved and Councilmember Kleven seconded to approve the Agenda and Consent Agenda, as amended in the Study Session, with amendments to the Study Session minutes of December 9, 2013, and January 13, 2014, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.December 9, 2013 — Study Session 2.January 13, 2014 — Study Session 3 . January 13, 2014 — Regular Session 4. January 13, 2014 — Work Session 6b. LICENSES GASOLINE SERVICE STATION Boulevard Enterprises Inc. dba Christy's Auto Service MECHANICAL General Heating and Cooling LLC Weld & Sons Plumbing Westar Corporation 5300 Dupont Avenue N 13788 Kensington Avenue, Prior Lake 3410 Kilmer Lane, Plymouth 11184 River Road NE, Hanover 01/2714 -2- RENTAL INITIAL (TYPE — one-year license) 5556 Emerson Avenue N INITIAL (TYPE — two-year license) 3808 61 st Avenue N 3312 65 th Avenue N (Passed w/Weather Deferral) 4619 66 th Avenue N 5325 Camden Avenue N RENEWAL (TYPE III— one-year license) 5209 Xerxes Avenue N (Passed w/Weather Deferral) 5211 Xerxes Avenue N 5436 Logan Avenue N RENEWAL (TYPE II— two-year license) 5834 Aldrich Avenue N 6418 Colfax Avenue N 4201 Lakeside Avenue #201 4207 Lakeside Avenue #335 RENEWAL (TYPE I — three-year license) 3328 49" Avenue N 6801 Emerson Avenue N 4207 Lakeside Avenue #329 6206 Scott Avenue N Lisa Ellison Adedamola Ogundipe Charles Kaatz Yee Leong Adrian Jiminez Chad Johnson Chad Johnson Shane Mclean (Missing all Action Plan requirements) Paul Scully Shawn Cha & Manny Phothirath Justin Frederick Vicki Nagel Sherman Kho Anita Landry Rebecca Jones Mark & Cathy Cocker SIGNHANGER Albrecht Sign Company 7775 Main Street, Fridley Serigraphics 2401 Nevada Avenue N, Golden Valley TOBACCO RELATED PRODUCT Royal Tobacco 5625 Xerxes Avenue N 6c.APPLICATION AND PERMIT FOR TEMPORARY ON-SALE LIQUOR LICENSE SUBMITTED BY ST. ALPHONSUS CHURCH, 7025 HALIFAX AVENUE NORTH, FOR A SOCIAL EVENT TO BE HELD MARCH 15, 2014 6d.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 MARCH 7 AND 8, 2014 01/2714 -3- 6e.RESOLUTION NO. 2014-22 AUTHORIZING A LOAN APPLICATION TO THE MINNESOTA PUBLIC FACILITIES AUTHORITY FOR THE CITY OF BROOKLYN CENTER'S WATER TREATMENT PLANT PROJECT NO. 2014-05 6f.RESOLUTION NO. 2014-23 ESTABLISHING PARKING RESTRICTIONS ON JUNE AVENUE NORTH FROM 61 ST AVENUE NORTH TO 63 RD AVENUE NORTH 6g. ACCEPTANCE OF PAY EQUITY COMPLIANCE REPORT - 2013 Motion passed unanimously. 7.PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2014-24 EXPRESSING RECOGNITION AND APPRECIATION OF PATRICIA GLENN FOR HER DEDICATED PUBLIC SERVICE ON THE FINANCIAL COMMISSION Mayor Pro Tem Ryan read in full a Resolution expressing the City's appreciation of Ms. Glenn's significant contributions as a member of the Financial Commission from January 14, 2013, through December 31, 2013. He presented the award to Ms. Glenn and thanked her for her service to Brooklyn Center. Councilmember Kleven moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2014-24 Expressing Recognition and Appreciation of Patricia Glenn for her Dedicated Public Service on the Financial Commission. Motion passed unanimously. 8.PUBLIC HEARINGS —None. 9.PLANNING COMMISSION ITEMS —None. 10.COUNCIL CONSIDERATION ITEMS 10a. HEARING FOR SARA SCHOLL, 3307 POE ROAD, REGARDING DANGEROUS DOG DECLARATION Mr. Boganey stated this item is a result of an appeal to the hearing held on January 7, 2014, by the City's Animal Control Review Panel. He added the dog owner has the right to request a hearing before the City Council to appeal the findings of the Review Panel. 01/2714 -4- City Attorney Charlie LeFevere summarized the appeal procedure, as defined in the Brooklyn Center City Code Sections 1-250 through 1-300, relating to the regulation of dangerous dogs. He stated the City Council is not bound by the findings of the Animal Control Review Panel. He added further evidence or testimony might be sought from the Police Officers, City staff, or the appellant in this case. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to open the Hearing. Motion passed unanimously. Mr. LeFevere stated the record should show that the appellant was not present at the time of the Public Hearing. Mr. LeFevere stated the City Council is not compelled to receive testimony in the absence of the appellant. He added the City Council could choose to continue the hearing to another City Council meeting, or rule by default to support the decision of the panel. He noted the issue could also be held open on the agenda to see if the appellant arrives at the meeting. Mayor Pro Tem Ryan stated, in his opinion, the record is complete, and he would support a finding on the basis of evidence already provided to the Animal Control Review Panel. Councilmember Myszkowski agreed, adding a notification letter dated January 17, 2014, sent to the appellant by City staff, clearly stated the date and time of tonight's meeting. She added the appellant has, therefore forfeited the opportunity to appeal the Review Panel's decision. A member of the audience stated he lives in this neighborhood, and he and other neighbors would like to address the City Council regarding this case. Mr. LeFevere stated it is unnecessary to take testimony in the absence of the appellant. He added the burden of providing evidence is upon the appellant. Mr. Boganey concurred. Councilmember Kleven stated the City Council has received information and reports concerning this case and the record appears to be complete. Mayor Pro Tem Ryan agreed. Councilmember Lawrence-Anderson stated it is unfortunate that the appellant was not present, but documentation received by the City Council is conclusive. She added she supports upholding the findings of the Animal Control Review Panel. Councilmember Myszkowski stated the City Council could remain in the Council Chambers after the conclusion of the Regular Session to talk with neighbors who were present and had hoped to provide testimony. The City Council agreed. Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to uphold the decision and findings of the Animal Control Review Panel. Motion passed unanimously. 01/2714 -5- 10b.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5444 DUPONT AVENUE NORTH Mayor Pro Tem Ryan polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Pro Tem Ryan 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 5444 Dupont 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 6316 QUAIL AVENUE NORTH Mayor Pro Tern Ryan polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Pro Tern Ryan called for a motion. Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 6316 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 7208 DALLAS ROAD Mayor Pro Tem Ryan polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Pro Tem Ryan 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 7208 Dallas Road, 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. 01/2714 -6- 10e.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6607 DREW AVENUE NORTH Mayor Pro Tem Ryan polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Pro Tern Ryan 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 6607 Drew 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. 10f.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 3019 MUMFORD ROAD Mayor Pro Tern Ryan polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Pro Tern Ryan 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 3019 Mumford Road, 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 Pro Tern Ryan polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Pro Tern Ryan 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 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. 01/2714 -7- 10h.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6724 FRANCE AVENUE NORTH Mayor Pro Tem Ryan polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Pro Tem Ryan called for a motion. 1. RESOLUTION NO. 2014-25 APPROVING A TYPE IV RENTAL LICENSE FOR 6724 FRANCE AVENUE NORTH Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2014-25 Approving a Type IV Rental License for 6724 France Avenue North. Motion passed unanimously. 10i.CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5301 DUPONT AVENUE NORTH Mayor Pro Tern Ryan polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Pro Tern Ryan called for a motion. 1. RESOLUTION NO. 2014-26 APPROVING A TYPE IV RENTAL LICENSE FOR 5301 DUPONT AVENUE NORTH Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2014-26 Approving a Type IV Rental License for 5301 Dupont Avenue North. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Kleven reported on her attendance at the following and provided information on the following upcoming events: O January 16, 2014, grand opening of Schlotzky's in Shingle Creek Crossing O January 16, 2014, Planning Commission meeting O January 21, 2014, Housing Commission meeting O January 22, 2014, informational meeting on recycling at Brooklyn Center Senior Housing, featuring a presentation by Carolyn Collopy, Hennepin County Environmentalist and Coordinator of Master Recycler/Composter Program O January 23, 2014, Brooklyn Center Business Association luncheon, featuring guest speaker Commander Tim Gannon O February 2, 2014, Lions Club Waffle Breakfast at Brooklyn Center High School from 8:00 a.m. to noon 01/2714 -8- Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: •January 14, 2014, itinerary meeting with Liberia trip delegation •January 18-26, 2014, visited Sister City Voinjama, Liberia with Mayor Tim Willson, City Manager Curt Boganey, Community Liaison Monique Drier and her son, Trey. Councilmember Myszkowski stated the trip participants plan to give a presentation about their experiences on this life-changing journey. She added the delegation's goal was to forge a dynamic relationship with the people of Voinjama. She thanked and commended Mayor Willson, who was a gracious ambassador, speaking eloquently on many occasions on behalf of the delegation; Mr. Boganey, for his fierce professionalism and legislative knowledge; Ms. Drier, for conducting community-based policing seminars that were extremely well-received; and Trey Drier, who visited schools and met with the local youth council. Mayor Pro Tem Ryan added, with regard to the Liberia trip, the members of the delegation paid for their own travel expenses and other related costs. He stated Sister City relationships are common for municipalities across the United States. He added the Voinjama partnership seeks to establish relationships with Liberian residents here in Brooklyn Center as well as in West_ Africa. He noted the citizens of Voinjama are involved in rebuilding their infrastructure as a result of losses suffered during the 14-year long Liberian Civil War, and much can be learned from a partnership with the City of Voinjama. Councilmember Lawrence-Anderson reported on her attendance at the following: •January 15-26, 2014, visited family in Anchorage, Alaska, and enjoyed better weather than Minnesota's current extreme cold temperatures Mayor Pro Tern Ryan reported on his attendance at the following and provided information on the following upcoming events: •January 15, 2014, met with a representative of U.S. Senator Amy Klobuchar to discuss the importance of federal funding for local community development and law enforcement block grants programs •January 16, 2014, communication with a representative of U.S. Representative Keith Ellison regarding continued funding for block grants programs •January 16, 2014, non-partisan workshop on precinct caucuses, at Brookdale Library; sponsored by the League of Women Voters; all citizens who will be over 18 years of age on Election Day (November 4) can participate in the precinct caucuses, to be held on February 4, 2014, at Brookdale Library o January 30, 2014, Metro Cities Water Forum, at New Brighton Community Center; on the topic of Emerging Trends, Challenges, Responses o June 2014, Brooklyn Center Crime Prevention Association's annual book drive; proceeds benefit local crime prevention programs 12. ADJOURNMENT Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded adjournment of the City Council meeting at 7:35 p.m. Motion passed unanimously. 01/2714 -9- 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 January 27, 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 February 10, 2014, Regular Session. 9464 7 Lc"---2 ,771 MayorCity Clerk 01/27/14 -10-