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HomeMy WebLinkAbout2014 07-14 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 JULY 14,2014 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, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Police Chief Kevin Benner, 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 Myszkowski seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Ryan read "A Firefighter's Prayer" in memory of local firefighter David Dustin who died recently. 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, Public Works 07/14/14 Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, City Attorney Planning and Zoning Specialist Tim Benetti, Police Chief Kevin Benner, C ty y 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 Lawrence-Anderson seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Study Session minutes of June 23, 2014, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. June 23, 2014—Study Session 2. June 23, 2014—Regular Session 3. June 23, 2014—Work Session 6b. LICENSES AMUSEMENT DEVICES Dandy Amusements International Inc. 6420 Camden Avenue N Mendota Valley Amusements, Inc. 6845 Shingle Creek Parkway 6110 Brooklyn Boulevard Metro Coin of Minnesota 6310 Shingle Creek Parkway Theisen Vending Company 2105 57h Avenue N 6211 Brooklyn Boulevard GARBAGE HAULER Ace Solid Waste, Inc. 6601 McKinley Street NW, Ramsey Budget Waste Systems, Inc. 3516 East Lake Street, Minneapolis Jate Mies, Inc. 11365 Xeon Street NW, Coon Rapids LePage & Sons,Inc. 23602 University Avenue NW,Bethel Midwest Grease P.O. Box 26, Redwood Falls Randy's Sanitation, Inc. P.O. Box 169, Delano SANIMAX USA, Inc. 505 Hardman Avenue, South St. Paul T&L Sanitation Service P.O. Box 49695,Blaine Walter Recycling& Refuse P.O. Box 67, Circle Pines Waste Management—Blaine 10050 Naples Street NE, Blaine MECHANICAL Bedrock HVAC 15401 Brockton Lane,Dayton Cashion HVAC Services 4148 Jansen Avenue NE, St. Michael Commercial Plumbing&Heating 24428 Greenway Avenue, Forest Lake Ideal Refrigeration Equipment, Inc. 4046 Brookside Avenue S, St. Louis Park 07/14/14 -2- 5600 Judy Lane Nita.Morlock 6637 Xerxes Place N Douglas Finch 6c. RESOLUTION NO. 2014-85 APPOINTING ADDITIONAL ELECTION JUDGES 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 AUGUST 29 AND 30,2014 6e. APPLICATIONS AND PERMITS FOR TEMPORARY ON-SALE LIQUOR LICENSES SUBMITTED BY CITY OF LAKES NORDIC SKI FOUNDATION FOR SOCIAL EVENTS TO BE HELD AT SURLY BREWING COMPANY 4811 DUSHARME DRIVE ON SEPTEMBER 20, 2014,AND OCTOBER 25,2014. 6f. 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 JULY 18-20, 2014 6g. RESOLUTION NO. 2014-86 APPROVING TRANSFER OF FUNDS FROM EARLE BROWN HERITAGE CENTER OPERATING FUND TO EARLE BROWN HERITAGE CENTER CAPITAL FUND 6b. RESOLUTION NO. 2014-87 APPROVING FINAL PLAT FOR BRI MAR THIRD ADDITION 6i. APPROVAL TO AUTHORIZE THE REDUCTION AND ACCEPTANCE OF A NEW IRREVOCABLE LETTER OF CREDIT ISSUED BY ASSOCIATED BANK OF GREEN BAY, WI, ON BEHALF OF PRESBYTERIAN HOMES AND SERVICES (REF. PLANNING APPLICATION NO. 2012-003) 6j. RESOLUTION NO. 2014-88 AUTHORIZING THE EXECUTION OF A JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND HENNEPIN COUNTY FOR PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN FISCAL YEAR 2015- 2017 6k. RESOLUTION NO. 2014-89 AUTHORIZING PAYMENT TO NORTH VALLEY INC. PER JUDGMENT 07/14/14 -4- 61. RESOLUTION NO. 2014-90 AUTHORIZING THE ADOPTION OF THE HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE CO- OPERATIVE AGREEMENT 6m. RESOLUTION NO. 2014-91 AUTHORIZING THE ADOPTION OF THE MINNESOTA INTERNET CRIMES AGAINST CHILDREN TASK FORCE MULTI-AGENCY LAW ENFORCEMENT JOINT POWERS AGREEMENT Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2014-92 EXPRESSING RECOGNITION AND APPRECIATION OF SERGEANT PEGGY LABATT FOR TWENTY YEARS OF DEDICATED PUBLIC SERVICE TO THE CITY OF BROOKLYN CENTER Mayor Willson read in full a Resolution expressing appreciation for the hard work and dedication of Sergeant Peggy Labatt, and recognizing her retirement after 20 years of public service. By unanimous consent, the Council moved and adopted Resolution No. 2014-92 Expressing Recognition and Appreciation of Sergeant Peggy Labatt for Twenty Years of Dedicated Public Service to the City of Brooklyn Center. 8. PUBLIC HEARINGS 8a. ORDINANCE NO. 2014-06 AMENDING CHAPTER 11 OF THE CITY CODE OF ORDINANCE RELATING TO TAPROOM SUNDAY SALES City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance. Councilmember Kleven moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. There were no comments. Councilmember Ryan moved and Councilmember Myszkowski seconded to close the Public Hearing. Motion passed unanimously. 07/14/14 -5- Councilmember Kleven moved and Councilmember Ryan seconded to adopt ORDINANCE NO. 2014-06 Amending Chapter 11 of the City Code of Ordinances Relating to Taproom Sunday Sales. Motion passed unanimously. 8b. RESOLUTION NO. 2014-93 VACATING DRAINAGE AND UTILITY EASEMENTS WITHIN LOT 1, BLOCK 1, BRI MAR SECOND ADDITION (LUTHER HONDA SITE) Public Works Director/City Engineer Steve Lillehaug introduced the item, discussed the history, and stated the purpose of the proposed ordinance. Councilmember Lawrence-Anderson moved and Councilmember Kleven seconded to open the Public Hearing. Motion passed unanimously. There were no comments. Councilmember Myszkowski moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2014-93 Vacating Drainage and Utility Easements within Lot 1, Block 1, Bri Mar Second Addition(Luther Honda Site). Motionassed unanimously. p Y 9. PLANNING COMMISSION TEM LANN NG COMM SS ON I S 9a. PLANNING COMMISSION APPLICATION NO. 2014-011 SUBMITTED BY FARMERS MARKET LLC REQUESTING APPROVAL OF A MINOR AMENDMENT TO A PLANNED UNIT DEVELOPMENT (MAXSUN-SUN FOODS PUD)—6350 BROOKLYN BOULEVARD Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2014-011, pertaining to a PUD amendment for Max-Sun/Sun Foods. He added the applicant is requesting approval of a seasonal farmer's market at this location. He noted the Planning Commission recommends approval of the minor PUD amendment. Councilmember Lawrence-Anderson expressed her support of the farmer's market and the opportunities it provides to local residents. 07/14/14 -6- Councilmember Myszkowski stated she lives near the site, and she appreciates the busy shopping area with a high volume of cars in its parking lot. She added the retail area was developed with families in mind. Mayor Willson stated the application is thorough and complete. He thanked City staff for their hard work. 1. RESOLUTION NO. 2014-94 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-011 SUBMITTED BY FARMERS MARKET, LLC (IN CONJUNCTION WITH BCK ENTERPRISES, LLC) FOR A MINOR AMENDMENT TO THE MAXSUN/SUN FOODS PLANNED UNIT DEVELOPMENT (6300-6350 BROOKLYN BOULEVARD) Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2014-94 Regarding the Disposition of Planning Commission Application No. 2014-011 Submitted by Farmers Market, LLC (In Conjunction With BCK Enterprises, LLC) for a Minor Amendment to the Max-Sun/Sun Foods Planned Unit Development (6300-6350 Brooklyn Boulevard). Motion passed unanimously. 9b. PLANNING COMMISSION APPLICATION NO. 2014-012 SUBMITTED BY SPIRITUAL LIFE MINISTRIES REQUESTING A SPECIAL USE PERMIT TO OPERATE A DAY CARE FACILITY, LOCATED AT 6865 SHINGLE CREEK PARKWAY Mr.Benetti provided an overview of Planning Commission Application No. 2014-012. t Councilmember Lawrence-Anderson expressed disappointment that the applicant erected a fence on the site without following the permit approval process. She added, however, the fence is attractive and functional. Mayor Willson asked whether the church has obtained a license to operate a day care facility. Mr. Benetti stated they do not have a license yet, but the City received notification from the Department of Human Services that the applicant is completing that process. He added, however, a license will not be issued until the applicant obtains a Special Use Permit for the facility from the City. Mayor Willson stated although the applicant is not approved for a day care center license, there is no ordinance precluding them from erecting a fence. Councilmember Myszkowski stated City staff informed the applicant that they should not complete the fence until a Special Use Permit was approved. Mr. Benetti confirmed this. He added City staff was aware that the applicant had a contractor and materials for the project, and that they had completed the fence. He noted the Planning Commission assessed the fence after it was completed, and felt that it was acceptable. 07/14/14 -7- Councilmember Myszkowski stressed the importance of following the correct process for obtaining a Special Use Permit. She added, however, she is pleased that a day care facility will be opening, as the City needs more available child care options for residents. Councilmember Kleven stated she likes the outdoor play area, and she thanked Spiritual Life Ministries and its staff for providing a safe place for children within the community. Pastor Judy Fornara, Spiritual Life Ministries, 6865 Shingle Creek Parkway, stated she and her husband, Dr. Joseph Fornara, have been a part of the Brooklyn Center faith community for 28 years. She apologized that the fence construction took place without City approval. She added the contractor was able to provide a crew ahead of schedule, which saved the Church a lot of money. She noted the fence had to be transparent for insurance reasons. Ms. Fornara commended the City Council for the hard work and dedication that has gone into rebuilding the community in recent years. 1. RESOLUTION NO. 2014-95 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-012 SUBMITTED BY SPIRITUAL LIFE MINISTRIES FOR A SPECIAL USE PERMIT TO OPERATE A GROUP DAY CARE FACILITY IN THE C1 (SERVICE/OFFICE) DIE T FOR THE PROPERTY LOCATED AT DISTRICT 6865 SHINGLE CREEK PARKWAY(SPIRITUAL LIFE CHURCH) Councilmember Kleven moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2014-95 Regarding the Disposition of Planning Commission Application No. 2014-012 Submitted by Spiritual Life Ministries for a Special Use Permit to Operate a Group Day Care Facility in the Cl (Service/Office) District for the Property Located at 6865 Shingle Creek Parkway(Spiritual Life Church). Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. MAYORAL APPOINTMENT OF MEMBER TO SERVE ON PLANNING COMMISSION_ Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to ratify the Mayoral Appointment of Rochelle Sweeney, 2213 54th Avenue N., to serve on the Brooklyn Center Planning Commission. Motion passed unanimously. 10b. MAYORAL APPOINTMENT OF MEMBER TO SERVE ON FINANCIAL COMMISSION 07/14/14 -8- Councilmember Ryan moved and Councilmember Myszkowski seconded to ratify Mayoral Appointment of Anna Burke, 7012 Morgan Avenue N., to serve on the Brooklyn Center Financial Commission. Motion passed unanimously. 10c. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 1706 71st 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 Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 1706 71" 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 7169 UNITY 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 7169 Unity 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. 10e. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5929 LYNDALE 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.2014-96 APPROVING A TYPE IV RENTAL LICENSE FOR 5929 LYNDALE AVENUE NORTH Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2014-96 approving the issuance of a Type IV six-month provisional rental 07/14/14 -9- license and mitigation plan for 5929 Lyndale 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 5912 WASHBURN 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.2014-97 APPROVING A TYPE IV RENTAL LICENSE FOR 5912 WASHBURN AVENUE NORTH Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2014-97 approving the issuance of a Type IV six-month provisional rental license and mitigation plan for 5912 Washburn 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 5748 HUMBOLDT 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.2014-98 APPROVING A TYPE IV RENTAL LICENSE FOR 5748 HUMBOLDT AVENUE NORTH Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2014-98 approving the issuance of a Type IV six-month provisional rental license and mitigation plan for 5748 Humboldt 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. 10h. AN ORDINANCE AMENDING ORDINANCE NO. 2012-04 REGARDING COUNCIL SALARIES FOR 2015-2016 07/14/14 -10- Mr. Boganey provided an overview of an ordinance amendment pertaining to Council salaries for 2015-2016. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve first reading and set second reading and Public Hearing for August 11, 2014, for an Ordinance amending Ordinance No. 2014-04 regarding Council salaries for 2015-2016. Motion passed unanimously. 10i. RESOLUTION NO. 2014-99 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 2014-05,WATER TREATMENT PLANT PROJECT Mr. Lillehaug reviewed this item and presented plans that are consistent with sustainability improvements that have been reviewed by the City Council. He added the project timeline requires that construction commence before the winter. He noted City staff recommends approval of the plans and specifications, and authorizing advertising for bids for this project. Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2014-99 Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project No. 2014-05, Water Treatment Plant Project. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ran reported on his attendance at the following and provided information on Y P g the following upcoming events: • June 26,2014,Earle Brown Days Parade • June 27,2014, Grand Opening and Ribbon Cutting for Panda Express • July 2,2014,meeting with US Representative Keith Ellison • July 7, 2014, City Council Budget Work Session with Financial Commission • July 8, 2014, Twin Lake Park neighborhood meeting • July 11, 2014, Brooklyn Center Relay for Life sponsored by the American Cancer Society • July 14, 2014, State Transportation Policy Committee meeting sponsored by Metropolitan Cities Councilmember Kleven reported on her attendance at the following and provided information on the following upcoming events: • June 25,2014, Crime Prevention Association Book Sale • June 26,2014, Brooklyn Center Business Association luncheon • June 26, 2014, Earle Brown Days Parade • June 27, 2014, Earle Brown Days Activities in the Park • June 30, 2014,Visited renovated homes in the City that will be sold to qualified buyers • July 2, 2014,meeting with U.S. Representative Keith Ellison • July 3, 2014, U.S.Naturalization Ceremony at Earle Brown Heritage Center 07/14/14 -11- • July 7, 2014,City Council Budget Work Session with Financial Commission • July 7,2014, Twin Lake Park Neighborhood meeting • July 9,2014, Crime Prevention Association Book Sale Fundraiser meeting • July 12,2014,packaging books at Brooklyn United Church-help is needed for this effort Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • June 24, 2014, Earle Brown Days Committee meeting • June 26, 2014, Earle Brown Days Parade • June 27, 2014, set up Craft and Business Expo in Centennial Park • June 28, 2014, Craft and Business Expo • July 2,2014,meeting with U.S. Representative Keith Ellison • July 7, 2014, City Council Budget Work Session with Financial Commission Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • June 26,2014, Brooklyn Center Business Association luncheon • June 26, 2014, FBI Graduation Ceremony • June 28, 2014, visited Hastings, MN,with FBI Citizens Academy graduates • June 30, 2014, Brooklyn Center Business Association Executive Meeting • July 2, 2014, meeting with U.S. Representative Keith Ellison Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • June 10, 2014,Northport Park neighborhood meeting • June 16, 2014, Riverwood Park Picnic • June 18-23,2014,U.S. Mayor's Conference in Dallas, Texas • June 25,2014, filmed"Mayor's Minute"at Cable Channel 12 • June 26, 2014, Earle Brown Days Parade • June 26,2014, Earle Brown days parade,judge at band competition • June 30, 2014, Twins game at Target Field in Minneapolis, for P Annual Steve Rummler Day,to raise awareness of addiction and overdose death • July 2,2014,meeting with U.S. Representative Keith Ellison • July 2, 2014, County Sports Grants presentation by Hennepin County Commissioner Mike Opat,held at Brookdale Library • July 7, 2014, City Council Budget Work Session with Financial Commission • July 9,2014,met with Liberian community leaders • July 11,2014,Brooklyn Center Relay for Life sponsored by the American Cancer Society 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Kleven seconded adjournment of the City Council meeting at 8:15 p.m. Motion passed unanimously. 07/14/14 -12- 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 July 14, 2014. 2. That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall. That the 2014 Regular Session. 3 a e City Council adopted said minutes at its July 28, eg City Clerk Mayor 07/14/14 -13-