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Home My WebLink About2014 04-28 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 28, 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, Planning and Zoning Specialist Tim Benetti, 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. Diane Sannes, 7006 Willow Lane, thanked the City Council for their participation in Brooklyn Center's EarthFest, which was held on April 26, 2104. Mayor Willson thanked her for her hard work in planning the event. Steve Erickson, representing North Hennepin Area Chamber of Commerce, stated the Chamber is planning a Golf Classic on June 26, 2014, as well as a Candidate Forum on September 16, 2014. He invited the City Council to attend both events. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Informal Open Forum at 6:48 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Ryan requested a moment of silence and personal reflection as 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. 04/28/14 -1- 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 Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, 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 Ryan seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Regular Session and Work Session minutes of April 14, 2014, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. April 9, 2014—Joint Session with Commissions 2. April 14, 2014—Study Session 3. April 14, 2014—Regular Session 4. April 14, 2014—Work Session 5. April 21, 2014—Board of Appeal and Equalization 6b. LICENSES FIREWORKS—TEMPORARY STAND TNT Fireworks 3245 County Road 10 MECHANICAL Air& Furnace Care, Inc. 4101 93rd Avenue N, Brooklyn Park Corval Constructors, Inc. 1633 Eustic Street, St. Paul LBP Mechanical 315 Royalston Avenue N,Minneapolis North,Suburban Heat Air 19066 Jasper NW, Anoka Team Mechanical, Inc. 3508 Snelling Avenue, Minneapolis Owens Companies, Inc. 930 E 80th Street, Bloomington RENTAL INITIAL (TYPE II—two-year license) 6130 Scott Avenue N Passed w/Weather Deferral Invitation Homes 5907 Xerxes Avenue N Brett Hildreth RENEWAL (TYPE III—one-year license) 04/28/14 -2- 5307 Emerson Avenue N Passed w/Weather Deferral Jeff Theisen 7216 Fremont Avenue N Adrian Jimenez RENEWAL (TYPE II—two-year license) 3012-18 51"Avenue N Steven&Debra Elhardt 3218 63rd Avenue N Sopheak Pho RENEWAL (TYPE I—three-year license) 2900 67`x'Lane N Dolores Fischer 542272"d Circle Denise Michaelides SIGN HANGER Indigo Signworks, Inc. 1622 Main Avenue, Fargo Signation Sign Group 6840 Shingle Creek Pkwy, Brooklyn Center VEO Sign LLC 6353 Martin Avenue NE, Otsego 6c. APPROVAL OF AMENDED CITY COUNCIL MEETING SCHEDULE TO SET DATE AND TIME FOR JOINT WORK SESSION WITH FINANCIAL COMMISSION FOR WEDNESDAY,AUGUST 6,2014,AT 6:30 P.M. Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. PROCLAMATION DECLARING MAY 18-24, 2014, PUBLIC WORKS WEEK IN BROOKLYN CENTER City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed proclamation. He added Public Works Week is celebrated across the country in recognition of men and women who perform numerous tasks associated with public utilities and infrastructure. He recommended adoption of the proclamation. Mayor Willson read in full a Proclamation expressing the City's recognition of the contributions of its Public Works personnel Councilmember Kleven moved and Councilmember Myszkowski seconded to adopt a Proclamation Declaring May 18-24, 2014, Public Works Week in Brooklyn Center. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. ORDINANCE NO. 2014-04 RELATING TO THE SALE OF TOBACCO RELATED PRODUCTS 04/28/14 -3- Mr. Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance. He stated City staff recommends that the current ordinance be rescinded, and replaced with a new ordinance based on language provided by the League of Minnesota Cities. He added that this ordinance, if adopted,would take effect June 7, 2014. Councilmember Ryan moved and Councilmember Kleven seconded to open the Public Hearing. Motion passed unanimously. Suad Dadhl, owner of Brooklyn BP, 6044 Brooklyn Boulevard, requested clarification on Item 2a, under Section 23.105, related to the sale of cigars. She added the ordinance will mean an increase in tobacco prices. City Attorney Charlie LeFevere stated the proposed ordinance does not include price prescriptions for a package of at least five cigars. He added cigars that are sold individually must cost more than$2.10. Musaab Wazwaz, Royal Tobacco, 5625 Xerxes Avenue North, expressed opposition to the ordinance language pertaining to sale of cigars. He stated his business has been located in Brooklyn Center for 20 years. He added his regular customers will go to other cities to buy their tobacco products. He asked why the City Council intends to limit the sale of cheap cigars. Mayor Willson stated there is a growing trend in the use of little cigars and their wrappers by young people. Councilmember Ryan stated the City Council is motivated to change the ordinance, as there are an increasing number of young people who are using little cigars because they are cheap and flavored. He added a package of cigarettes has become very expensive, between $7-8, and they are not affordable to young people. He noted, according to statistics from the American Cancer Society, the average American spends $570 annually on health care costs related to the effects of long-term tobacco use. Mayor Willson stated the City Council's goal is to provide an ordinance that addresses issues directly affecting members of the community of Brooklyn Center. Emily Anderson, representing the Association for Nonsmokers-Minnesota, stated the proposed language is intended to prevent youth use of little cigars. She noted data collected by her organization indicates that little cigars are appealing to youth because they are cheap and flavored. Ms. Anderson stated little cigars are widely available to young people under the age of 18, and the proposed ordinance would make them less appealing because they will be more expensive. She added other communities are considering similar ordinances,and Brooklyn Center will be ahead of the curve in enacting legislation that is intended to prevent youth tobacco addiction. Councilmember Lawrence-Anderson moved and Councilmember Kleven seconded to close the Public Hearing. 04/28/14 -4- Motion passed unanimously. 1. ORDINANCE NO. 2014-04 AMENDING CHAPTER 23 OF THE CITY CODE OF ORDINANCES RELATING TO THE SALE OF TOBACCO RELATED PRODUCTS Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to adopt ORDINANCE NO. 2014-04 Amending Chapter 23 of the City Code of Ordinances Relating to the Sale of Tobacco Related Products. Motion passed unanimously. 2. RESOLUTION NO. 2014-57 AMENDING THE CITY FEE SCHEDULE TO ADD INVESTIGATION FEES FOR TOBACCO RELATED PRODUCTS LICENSES Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2014-57 Amending the City Fee Schedule to add Investigation Fees for Tobacco Related Products Licenses. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS -None. 10. COUNCIL CONSIDERATION ITEMS -None. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • April 15,2014, "Reducing Racial Disparities—Think Again Brooklyns"Public Policy Forum • April 16, 2014, Mississippi River Corridor Land Use Forum • April 16, 2014, 24th Annual Police/Citizen Awards • April 17, 2014, "Keep Heroin out of Hennepin County" Town Hall Meeting at North Hennepin Community College,hosted by Hennepin County Sherriff's Office • April 21, 2014,Annual Board of Appeal and Equalization • April 24, 2014, Annual Meeting of Metropolitan Cities, featuring guest speaker Dr. Mark Seeley • April 26,2014, Great Shingle Creek Clean Up Day • April 26, 2014, EarthFest celebration at Civic Center, organized by Diane Sannes and Joe Dalton 04/28/14 -5- Councilmember Kleven reported on her attendance at the following and provided information on the following upcoming events: • April 15, 2014, volunteered at Garden City Elementary School for after-school activities fashion design class • April 15,2014, Housing Commission meeting • April 16, 2014, volunteered at Garden City Elementary School for after-school activities cooking class • April 16, 2014,24h Annual Police/Citizen Awards Ceremony • April 21, 2014, Annual Board of Appeal and Equalization • April 22, 2014, SkyWarn Class at West Fire Station • April 23, 2014, Brooklyn Park's Senior Spring Forum, featuring local gardening expert Bobby Jensen • April 23, 2014, volunteered at Garden City Elementary School for after-school activities • April 24,2014, Health and Wellness Fair at Brooklyn Center High School • April 26, 2014, Earth Fest celebration at Civic Center Councilmember Kleven was pleased to note that in February 2014, the median sale price of homes in Brooklyn Center was $122,550, which is an increase of 37.8% over this time last year, when the median sale price was $88,950. Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • April 16,2014, chaired CEAP Executive Committee meeting • April 21, 2014, Social Justice forum with ISAIAH representative Sylvia Winkelman and Pastor Doug Mork from Cross of Glory Church • April 21,2014, Annual Board of Appeal and Equalization • April 26, 2014, Earth Fest celebration, volunteered at CEAP table and presented information on the Garden Gleaning Project, facilitating distribution of fresh home-grown produce to local food shelves Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • April 16, 2014, 24 Annual Police/Citizen Awards • April 17, 2014,"Keep Heroin out of Hennepin County" • April 21,2014,Annual Board of Appeal and Equalization • April 22,2414, SkyWarn Class at West Fire Station Councilmember Lawrence-Anderson thanked City staff for their hard work on redrafting the tobacco ordinance language. Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • April 15, 2014, videotaped"In the Know"cable TV show • April 16, 2014, 24'Annual Police/Citizen Awards • April 21,2014,Annual Board of Appeal and Equalization • April 22,2014,videotaped"Mayor's Minute"at Channel 12 studios • April 26, 2014,EarthFest celebration 04/28/14 -6- Mayor Willson requested that City staff provide copies of the last meeting's minutes to the youth Councilmembers who were in attendance. 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Myszkowski seconded adjournment of the City Council meeting at 7:37 p.m. Motion passed unanimously. 04/28/14 -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 28,2014. 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 May 12, 2014, Regular Session. Y1J� City Clerk Mayor 04/28/14 -8-