HomeMy WebLinkAbout2014 10-13 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
OCTOBER 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 Kris Lawrence-Anderson, Lin Myszkowski, and Dan
Ryan. Councilmember Carol Kleven 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, Director of Community Activities, Recreation and Services Jim Glasoe,
Assistant City Manager/Director of Building and Community Standards Vickie Schleuning,
Police Chief Kevin Benner, Fire Chief Lee Gatlin, 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.
Bart Dabrowski, 5001 Ewing Avenue N., Apartment 2, asked why the $450 inspection fee for his
four-plex is the same as the inspection fee for a 34-unit apartment building. This item was
referred to staff.
Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the
Informal Open Forum at 6:50 p.m.
Motion passed unanimously.
2. INVOCATION
Councilmember Myszkowski read a prayer for the day 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 7:01 p.m.
4. ROLL CALL
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Mayor Tim Willson and Councilmembers Kris Lawrence-Anderson, Lin Myszkowski, and Dan
Ryan. Councilmember Carol Kleven 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, Police Chief Kevin Benner, Fire Chief Lee Gatlin, 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 Ryan moved and Councilmember Myszkowski seconded to approve the Agenda
and Consent Agenda and the following consent items were approved:
6a. APPROVAL OF MINUTES
1. September 22, 2014—Study/Work Session
2. September 22, 2014—Regular Session
3. October 6, 2014—Joint Work Session with Financial Commission
6b. LICENSES
LIQUOR—CLASS A ON-SALE INTOXICATING, SUNDAY,AND 2 A.M.
2200 Beverage Management, LLC
dba Minneapolis Boulevard Hotel 2200 Freeway Boulevard
MECHANICAL
Air Rite Heating & A/C Inc. 6935 146th Street W#3, Apple Valley
Associated Mechanical Contractors, Inc. 1257 Marschall Road, Shakopee
Cities 1 Plumbing & Heating 787 Hubbard Avenue,St. Paul
Freedom Heating & Air Conditioning, Inc. 2500 Highway 88,Minneapolis
Friendly Home Services, Inc. 7510 Lannon Avenue NE, Otsego
Northwest Heating & Cooling 434 Taylor Street, Anoka
Pfiffner Heating & Air Conditioning 6301 Welcome Ave N#26, Brooklyn Park
Sedgwick Heating 1408 Northland Drive, Mendota Heights
RENTAL
INITIAL (TYPE III—two-year license)
390652 d Avenue N Randy Hammond
4007 Joyce Lane John Jorgensen
INITIAL (TYPE II—two-year license)
5340 Queen Avenue N Thanh Oan
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RENEWAL (TYPE III—one-year license)
6305-6507 Camden Avenue N
Melrose Gates Apartments Soderberg Apt Specialists
5324-26 James Avenue N Steven& Debra Elhardt
280163 d Avenue N Thomas Bennett
6800 Dupont Avenue N Yi Lin
7007 Morgan Avenue N Lin Shuang LLC
RENEWAL (TYPE II—two-year license)
5240 Drew Avenue N Bradley Schumacher
5408 Girard Avenue N Michaele Gardner
5256 Twin Lake Boulevard E Brian Somkhan
1007 65th Avenue N John Deering
284167 1h Lane N Brooke Berner
532872 nd Circle Shuxing (Mark) Sun
3819 Burquest Lane Amir Chaboki
1537 Humboldt Place N ShoeMiller Properties
RENEWAL (TYPE I—three-year license)
6825-27 Noble Avenue N Christian Vitale
833 57th Avenue N Bruce Goldberg
270165 1h Avenue N Trinh Vu
5956 Beard Avenue N Ann Cook
6315 Brooklyn Boulevard Raymond He
5926 Colfax Avenue N Jack Froelke
6801 Fremont Place N Olamiyi Kuku
3301 Mumford Road Danny Vo
6649 Xerxes Place N Lane Schwartz
SIGN HANGERS
DeMars Signs 11570 Foley Boulevard. NW, Coon Rapids
Landmark Architectural Signs, LLC 17576 Hemlock Avenue, Lakeville
Designer Sign Systems 9975 Flanders Court, Blaine
6c. RESOLUTION NO. 2014-137 SETTING 2015 EMPLOYER BENEFITS
CONTRIBUTION FOR FULL-TIME NON-UNION EMPLOYEES
6d. RESOLUTION NO. 2014-138 AUTHORIZING EXECUTION OF A
PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES
AND IN-CONSTRUCTION SERVICES, PROJECT NOS. 2015-05, 06, 07
AND 08, 63RD AVENUE NORTH STREET AND UTILITY
IMPROVEMENTS
6e. DEER PROGRAM REPORT
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6f. RESOLUTION NO. 2014-139 DECLARING A PUBLIC NUISANCE AND
ORDERING THE REMOVAL OF DISEASED TREES
6g. RESOLUTION NO. 2014-140 ADOPTING THE JOINT AND
COOPERATIVE AGREEMENT FOR USE OF LAW ENFORCEMENT
PERSONNEL AND EQUIPMENT OF JANUARY 1, 2015, FROM THE
HENNEPIN COUNTY CHIEFS OF POLICE ASSOCIATION MUTUAL
AID PACT
Motion passed unanimously.
7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
7a. RESOLUTION NO. 2014-141 RECOGNIZING VOLUNTEERS WHO
PARTICIPATED IN THE CITY OF BROOKLYN CENTER'S 2014 LANDSCAPE
AND GARDEN SPOTLIGHT
Public Works Director/City Engineer Steve Lillehaug presented pictures of three spotlight
properties and described the landscaped enhancements of each: 4207 Lakeside Avenue; 7200
Newton Avenue N.; and, 6726 Fifth Street.
Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to
adopt RESOLUTION NO. 2014-141 Recognizing Volunteers who Participated in the City of
Brooklyn Center's 2014 Landscape and Garden Spotlight.
Mayor Willson stated at this time of year he enjoys being out in the City and has found many
residents who take great pride in the care of their yards and gardens.
Motion passed unanimously.
8. PUBLIC HEARINGS
8a. ORDINANCE NO. 2014-08 REGULATING SIGNS THAT ARE WORKS OF
PUBLIC ART; AMENDING BROOKLYN CENTER CITY CODE, SECTION 34-
140
City Manager Curt Boganey introduced the item and stated the purpose of the proposed
ordinance to address the location of public art. It was noted this ordinance received first reading
on September 8, 2014, was published in the official newspaper on September 18, 2014, and is
offered tonight for public hearing and adoption.
Director of Business and Development Gary Eitel reviewed the past consideration of an
ordinance amendment relating to the location and setback of public art and the City-sponsored
quilted mural project that was found to exceed the limits of the Mn/DOT permit. He explained
that if adopted, the setback for public art will change from 150 feet to 125 feet and allow the
mural to remain as painted.
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Councilmember Ryan moved and Councilmember Myszkowski seconded to open the Public
Hearing.
Motion passed unanimously.
No one addressed the City Council.
Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to close
the Public Hearing.
Mr. Boganey clarified that the School District was the permit applicant for this mural and
endorsed the ordinance amendment.
Motion passed unanimously.
Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt
ORDINANCE NO. 2014-08 Regulating Signs that are Works of Public Art; Amending Brooklyn
Center City Code, Section 34-140.
Motion passed unanimously.
9. PLANNING COMMISSION ITEMS
-None.
10. COUNCIL CONSIDERATION ITEMS
10a. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE
FOR 4407 66" 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 4407 66"
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 6200 BROOKLYN BOULEVARD
Mayor Willson polled the audience and asked whether anyone was in attendance to provide
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testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a
motion.
Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to
approve the issuance of a Type IV six-month provisional rental license and mitigation plan for
6200 Brooklyn Boulevard, 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 5245-47 DREW 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 Lawrence-Anderson seconded to
approve the issuance of a Type IV six-month provisional rental license and mitigation plan for
5245-47 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.
10d. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE
FOR 5001 EWING AVENUE NORTH
Assistant City Manager/Director of Building and Community Standards Vickie Schleuning
advised that 5001 Ewing Avenue North was inspected and 32 (8/unit) property code violations
were cited and ultimately corrected. There have been zero validated police incidents/nuisance
calls within the last 12 months. This property qualifies for a Type IV six-month provisional
rental license based on the number of property code violations found during the initial rental
license inspection. The property owner is also required to submit a mitigation plan and report
monthly on the progress of that plan. Ms. Schleuning reviewed actions taken in regard to this
rental license application and indicated Staff has reviewed that mitigation plan and held
discussion with the property owner and recommends approval based on meeting standards in the
mitigation plan and all applicable ordinances.
Councilmember Ryan asked about the fee charged by the City for inspection. Ms. Schleuning
stated there are fees for the rental license, inspection, and re-inspection. Councilmember Ryan
clarified the fees are to cover the City's cost for the inspection and permit processing, not to raise
money.
Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to open the
hearing.
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Motion passed unanimously.
Bart Dabrowski, 5001 Ewing Avenue N., Apartment 2, took exception to the $450 re-inspection
fee, as he believed it was scheduled on August 17, 2014, but instead the inspector came on
September 17, 2014.
Councilmember Ryan moved and Councilmember Myszkowski seconded to close the hearing.
Motion passed unanimously.
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
5001 Ewing 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.
Councilmember Ryan asked staff to review the record to assure inspection fees were
appropriately charged and that the property owner is not being charged for a missed inspection as
a result of miscommunication.
The City Council supported the suggestion of Mayor Willson to take action on this rental license
tonight ane agreed
gh and direct staff to research the inspection fee as a separate issue. Mr. Bog y g
that the issue of fees is separate from the issue of rental licensing so the license can be acted
upon tonight. He stated staff will review the record and come to a determination on how the
inspection fees were calculated. Mr. Boganey described the opportunity for the property owner,
if desired,to appeal the amount of inspection fees.
Motion passed unanimously.
10e. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE
FOR 5618 HILLSVIEW ROAD
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 Myszkowski seconded to
approve the issuance of a Type IV six-month provisional rental license and mitigation plan for
5618 Hillsview 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.
10L CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE
FOR 5307 HOWE LANE
Mayor Willson polled the audience and asked whether anyone was in attendance to provide
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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 5307 Howe
Lane, 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 5442 JAMES 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 5442 James
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. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE
FOR 4207 LAKESIDE AVENUE #337
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.
Mayor Willson moved and Councilmember Myszkowski seconded to approve the issuance of a
Type IV six-month provisional rental license and mitigation plan for 4207 Lakeside Avenue
#337, 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.
10i. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE
FOR 5400-02 RUSSELL 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.
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Councilmember Ryan moved and Councilmember Myszkowski seconded to approve the
issuance of a Type IV six-month provisional rental license and mitigation plan for 5400-02
Russell 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.
10j. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE
FOR 1510 69TH 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. 2014-142 APPROVING A TYPE IV RENTAL
LICENSE FOR 1510 69TH AVENUE NORTH
Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to
adopt RESOLUTION NO. 2014-142 Approving a Type IV Rental License for 1510 69th Avenue
North.
Motion passed unanimously.
10k. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE
FOR 6316 QUAIL 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. 2014-143 APPROVING A TYPE IV RENTAL
LICENSE FOR 6316 QUAIL AVENUE NORTH
Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to
adopt RESOLUTION NO. 2014-143 Approving a Type IV Rental License for 6316 Quail
Avenue North.
Motion passed unanimously.
101. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE
FOR 160167 TH LANE 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.
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1. RESOLUTION NO. 2014-144 APPROVING A TYPE IV RENTAL
T
LICENSE FOR 160167 " LANE NORTH
Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt
RESOLUTION NO. 2014-144 Approving a Type IV Rental License for 160167 th Lane North.
Motion passed unanimously.
11. COUNCIL REPORT
Councilmember Ryan reported on his attendance at the following and provided information on
the following upcoming events:
• October 6, 2014, Joint Work Session with Financial Commission
• October 11, 2014, Community Fundraising Event at Prince of Peace Lutheran Church to
raise funds for homeless teens
• October 13, 2014, Along with the Lions Club, distributed dictionaries to students of Earle
Brown Elementary School
Councilmember Ryan commended the City of Brooklyn Center for its support, along with
Avenues of Youth, to address the 4,000 teens and young people who are homeless and living on
the streets in Minnesota.
Councilmember Myszkowski reported on her attendance at the following and provided
information on the following upcoming events:
• September 27, 2014, Memorial Service for Patrick Sawyer, the first American to die of Ebola
September 28, 2014, Lions Club Pancake Breakfast
• October 6, 2014, Joint Work Session with Financial Commission
• October 10, 2014 Evergreen Park Elementary Book Fair
• October 11, 2014, Community Fundraising Event at Prince of Peace Lutheran Church to
raise funds for homeless teens
• October 13, 2014, Brooklyns Youth Council Meeting
Councilmember Lawrence-Anderson reported on her attendance at the following and provided
information on the following upcoming events:
• September 24, 2014, Odyssey Academy Board Meeting
• October, 1 2014, North Hennepin Community Candlelight Vigil to bring awareness to
Domestic Violence
• October 3, 2014, Odyssey Academy Family Fun Night
• October 6, 2014, Joint Work Session with Financial Commission
• October 7, 2014, Brooklyn Center High School Latino Heritage Night
• October 9, 2014, spoke with daughter at the Forensic Science Seminar, an organ donation
venue
• October 25, 2014, Odyssey Academy Pancake Breakfast and Health& Wellness Fair
Mayor Willson reported on his attendance at the following and provided information on the
following upcoming events:
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• September 23, 2014, City Hall met with City Manager Boganey and representatives of Sister
City
• September 27, 2014,Memorial Service for Patrick Sawyer,the first American to die of Ebola
• September 27, 2014, Center for Families for West African Family Day
• September 28, 2014, Lions Club Pancake Breakfast
• October 2, 2014, Dangerous Dog Hearing
• October 6, 2014,Joint Work Session with Financial Commission
• October 7, 2014, Brooklyn Center Fire Relief Association Meeting
• October 11, 2014, Community Fundraising Event at Prince of Peace Lutheran Church to
raise funds for homeless teens
• October 11, 2014, spoke before the Stone Arch Group
• October 12, 2014, Riverview Autumn Pumpkin Fest
• October 12, 2014, Webelos Cub Scout meeting at St. Alphonsus
• October 14, 2014, Earle Brown Elementary School to speak to Fourth Grade Class
12. ADJOURNMENT
Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded adjournment of
the City Council meeting at 7:51 p.m.
Motion passed unanimously.
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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
October 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 October 27, 2014, Regular
Session.
—&vt
City Clerk Mayor
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