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Home My WebLink About2014 11-10 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 NOVEMBER 10,2014 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, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Troy Gilchrist, 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 Lawrence-Anderson seconded to close the Informal Open Forum at 6:47 p.m. Motion passed unanimously. 2. INVOCATION Reverend Henry Dolopei, Minister from Brooklyn United Methodist Church, gave 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 7:03 p.m. 4. ROLL CALL 11/10/14 4- 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, City Attorney Troy Gilchrist, 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 and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. October 20, 2014—Joint Work Session with Financial Commission 2. October 27, 2014—Study/Work Session 3. October 27, 2014—Regular Session 6b. LICENSES MECHANICAL Aerotek Heating, Cooling& Duct Cleaning 34345 Quinton Avenue, Center City AM Plumbing, Inc. 27479 109th Street, Zimmerman First Choice Plumbing&Heating LLC 29948 Hwy 47 NW, Isanti 7 Metro Heating and A/C 609 150th Avenue NE, Ham Lake RENTAL INITIAL (TYPE II—two year license) 6734 France Avenue N Alexander Lang 7037 Humboldt Avenue N Gao Liu 6400 Xerxes Avenue N David Wilson RENEWAL (TYPE III—one-year license) 4842 71"Avenue N Erick Dinh 5532 Morgan Avenue N Der Lee and Chayeeling Xiong 4906 Zenith Avenue N Philip Scala No CPTED Follow Up RENEWAL (TYPE II—two-year license) 351347 1h Avenue N Richard Grommes 6125 Dupont Avenue N Prosperous Property LLC 1507 Humboldt Place N Kyan(Jimmy) Hui 5836 James Avenue N Mai Vang 11/10/14 -2- RENEWAL (TYPE I-three-year license) 3801 53rd Avenue N David Michael 6006 Zenith Avenue N Keith McConnell 6c. PROPOSED PUBLIC UTILITY RATES FOR 2015 -MOTION TO SET PUBLIC HEARING FOR NOVEMBER 24,2014 6d. RESOLUTION NO. 2014-150 ESTABLISHING THE INTEREST RATE FOR 2015 SPECIAL ASSESSMENTS 6e. RESOLUTION NO. 2014-151 ESTABLISHING 2015 STREET AND STORM DAMAGE SPECIAL ASSESSMENT RATES 6f. RESOLUTION NO. 2014-152 ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, PROJECT NOS. 2013-01, 02, 03 AND 04, KYLAWN PARK AREA STREET AND UTILITY IMPROVEMENTS 6g. RESOLUTION NO. 2014-153 IN SUPPORT OF THE METRO TRANSIT C-LINE ARTERIAL BUS RAPID TRANSIT PROJECT Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. PROCLAMATION DECLARING WEDNESDAY, NOVEMBER 19, 2014, TO BE REV. MOREY DAY IN THE CITY OF BROOKLYN CENTER Mayor Willson read in full a Proclamation expressing recognition of and appreciation for Reverend Rachel Morey. Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt a Proclamation Declaring Wednesday, November 19, 2014, to be Reverend Morey Day in the City of Brooklyn Center. Motion passed unanimously. 8. PUBLIC HEARINGS -None. 9. PLANNING COMMISSION ITEMS -None. 10. COUNCIL CONSIDERATION ITEMS 11/10/14 -3- 10a. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5508 FREMONT 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 5508 Fremont 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. TRANSMITTING CHARTER COMMISSION RECOMMENDATIONS TO DISCUSS PROVISION OF CITY CHARTER City Manager Curt Boganey introduced the item and stated that proposed City Charter amendments were prepared by the Charter Commission for the City Council's review and consideration. Councilmember Ryan thanked Mr. Boganey and City staff for continuing to communicate the Charter Commission's recommendations to the City Council. He expressed his support of the recommendations. Mayor Willson stated the Charter Commission made previous recommendations that conflict with the current proposed recommended changes. He added the City Council has a 30-day window in which to request clarification from the Charter Commission and take action on its recommendations. Mr. Boganey agreed. Councilmember Ryan stated the City Council may approve new Charter language by unanimous vote. He added Councilmember Kleven suffered a serious injury in August, and is still in recovery. He asked, in the absence of Councilmember Kleven, whether a vote could be considered unanimous if a City Councilmember is absent due to injury. City Attorney Troy Gilchrist stated language in statute typically refers to a unanimous vote of the City Council, and a majority of quorum is required. Mayor Willson stated the newly elected City Councilmember should be involved in the discussion and subsequent action in 2015. He requested that City staff contact the Charter Commission and request additional information and clarification. Mr. Boganey stated the City Council should only consider the Charter amendments referenced in the Council packet for this evening's meeting. He added City staff is reviewing some of the proposed amendments to determine whether they are comprehensive, and also whether they can be addressed as separate actions. Mayor Willson stated the City Council should determine 11/10/14 -4- whether they will consider any or all amendments to the City Charter. Mr. Gilchrist stated he believes the amendments should be considered *as one action, but he agreed to research precedents for other possible interpretations. Mr. Boganey stated City staff will consider the options available to the City Council with regard to the amendments if they adopt the recommendations at tonight's meeting. Mayor Willson requested that Mr. Gilchrist provide additional legal information for the City Council's review. Mr. Gilchrist agreed. Councilmember Ryan moved and Councilmember Myszkowski seconded to receive the Charter Commission recommended changes to the City Charter related to Sections 9.04, 5.01, and Section 6.02. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • November 2, 2014, Lions Club Waffle Breakfast • November 6, 2014, Lions Club Monthly Dinner, held at Boulevard Hotel • November 8, 2014, West African Ebola Task Force Meeting held at Community Center • November 13, 2014, will attend Neighborhood Watch Captain's Appreciation Dinner held at Community Center Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • October 29, 2014, visited Open Houses at 5401 Queen Avenue North and 5651 Dupont Avenue North,homes remodeled through the Federal Neighborhood Stabilization Program • November 4, 2014, voted at her community polling place — expressed the importance of Election Night as a special and exciting community event, especially since voter turn-out was low • November 5, 2014, helped build raised garden beds in Evergreen Park Community Gardens as part of a community grant program • November 7,2014, CEAP Board meeting • Councilmember Myszkowski expressed Councilmember Kleven's disappointment at not being able to attend this evening's meeting. Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • November 2, 2014, Lions Club Waffle Breakfast • November 3, 2014, Brooklyn Center Business Association Board Meeting • November 4, 2014, Election Day events with her husband and daughter who turned 18 that day and voted for the first time • November 9, 2014, events at Cross of Glory Church • November 11, 2014, will visit Odyssey Academy fifth grade classes 11/10/14 -5- Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • November 2, 2014, Lions Club Waffle Breakfast • November 5, 2014, Brooklyn Youth Alliance status update • Mayor Willson reviewed an article in Civil Liberties newsletter, featuring a profile of ACLU Activist Mahad Olad, Brooklyn Center High School student and recent Youth in Government Day participant. • Mayor Willson thanked Brooklyn Center citizens who voted on November 4, 2014. 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Myszkowski seconded adjournment of the City Council meeting at 7:51 p.m. Motion passed unanimously. 11/10/14 -6- 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 November 10, 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 November 24, 2014, Regular Session. City Clerk Mayor 11/10/14 -7-