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HomeMy WebLinkAbout2015 01-12 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 JANUARY 12, 2015 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 April Graves, 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, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Police Chief Kevin Benner, 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. Wayne and Kristy Brown, 2590 Freeway Boulevard, representing Jammin Wings Sports Bar & Grill, presented a request for special consideration of a liquor license application even though their financial burden has not been met for payment of taxes and utilities. Diane Sannes, 7006 Willow Lane, invited Boy Scouts who were working on their merit badge to introduce themselves. Following introductions, Ms. Sannes invited all to attend the Scout's Pancake Breakfast on Sunday, February 8, 2015. Councilmember Myszkowski moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:55 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Myszkowski read a quote from Martin Luther King, Jr. as the Invocation. ADMINISTER CEREMONIAL OATH OF OFFICE 01/12/15 -1- City Clerk Sharon Knutson administered the ceremonial Oath of Office to Mayor Tim Willson and Councilmembers Dan Ryan and April Graves. 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 April Graves, 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, 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. FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited as led by the Boy Scout Troop 299. 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. December 1, 2014—2015 Budget Hearing 2. December 1, 2014—Special Session 3. December 8, 2014—Study Session 4. December 8, 2014—Regular Session 5. December 8, 2014—Work Session 6b. LICENSES GASOLINE SERVICE STATION Royalty and Sons, Inc. 6044 Brooklyn Boulevard Two Rivers Investment, Inc. 6840 Humboldt Avenue N MECHANICAL Forrest Heating, Inc. 995 Burns Avenue, St. Paul KVA Engineering, Inc. 6504 Valley View Road,Corcoran Lakes Plumbing & Heating Inc. 17503 Lever Street NE, Ham Lake MacDonald Heating and Air Cond. Inc. 11848305 1h Avenue, Princeton Northland Mech. Contractors, Inc. 9001 Science Center Dr.,New Hope Rickert Heating & Air 10355 Quaker Lane N, Maple Grove 01/12/15 -2- Ridler Heating& Cooling Inc. 3110 Washington Ave., Minneapolis RENTAL INITIAL (TYPE III—one year license) 6425 Fremont Avenue N. Troy Jones INITIAL (TYPE II—two-year license) 2119 70th Avenue N. Ronen Shayari 350172"d Avenue N. Chen Zhou 351272 d Avenue N. Chen Zhou 6131 Bryant Avenue N. Jun Wang 2406 Ericon Drive Crystal Brummer 7018 France Avenue N. Crystal Brummer 5350 Irving Avenue N. John Hennen 5819 Knox Avenue N. Crystal Brummer 5900 Washburn Avenue N. Lance Nordin RENEWAL (TYPE III—one year license) 4204 Lakebreeze Avenue Andrew Hardacre 4220 Lakeside Avenue Richard Arntson 7111 Riverdale Road Did not complete CPTED Allan and Vicki Olson 5439 Colfax Avenue N. Roger Kadlec 6844 Fremont Place N. Abideen Ajibola 5550 Girard Avenue N. Restart, Inc. Missing ARM meetings RENEWAL (TYPE II—two-year license) 5341-43 Penn Avenue N. Margery Schwab 4212 61 st Avenue N. John Hostetler 5031 Drew Avenue N. Adrian Jimenez 5049 Ewing Avenue N. Raymond Glasser 5517 Knox Avenue N. Roger Harris 4746 Lakeview Avenue Brian Meltzer 5024 Lilac Drive N. Carlos Balibrera RENEWAL (TYPE I—three-year license) 4903 Brooklyn Boulevard Passed w/weather deferral Raymond Glasser 5105 Brooklyn Boulevard George Lucht 6626 Camden Drive Jeremy Sutton 5449 Lyndale Avenue N. Living Well Disability Services 7018 Regent Avenue N. Danny Vo 4734 Twin Lake Avenue Elizabeth Becht 5925 Washburn Avenue N. Cheng Lor 01/12/15 -3- SECONDHAND GOODS DEALER GameStop#535 6068 Shingle Creek Parkway SIGNHANGER Serigraphics Sign Systems 2401 Nevada Ave. N., Minneapolis TOBACCO RELATED PRODUCT Royal Tobacco 5625 Xerxes Avenue N Royalty and Sons, Inc, 6044 Brooklyn Boulevard 6c. RESOLUTION NO. 2015-01 DESIGNATING OFFICIAL NEWSPAPER 6d. RESOLUTION NO. 2015-02 DESIGNATING DEPOSITORIES OF CITY FUNDS 6e. RESOLUTION NO. 2015-03 APPOINTING BROOKLYN CENTER REPRESENTATIVES TO EXECUTIVE COMMITTEE AND/ OR BOARD OF DIRECTORS OF THE BROOKLYN BRIDGE ALLIANCE FOR YOUTH, HENNEPIN RECYCLING GROUP, LOCAL GOVERNMENT INFORMATION SYSTEMS, NORTH METRO MAYORS ASSOCIATION, NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL, NORTHWEST SUBURBS CABLE COMMUNICATIONS .COMMISSION, PETS UNDER POLICE SECURITY, PROJECT PEACE, TWIN LAKES JOINT POWERS ORGANIZATION, AND MINNEAPOLIS NORTHWEST CONVENTION & VISITORS BUREAU 6f. RESOLUTION NO. 2015-04 APPOINTING MUNICIPAL TRUSTEES TO THE BROOKLYN CENTER FIREFIGHTERS RELIEF ASSOCIATION BOARD OF TRUSTEES 6g. RESOLUTION NO. 2015-05 RECOGNIZING THE CONTRIBUTIONS OF ETHNIC POPULATIONS AND HERITAGE CELEBRATIONS 6h. RESOLUTION NO. 2015-06 GRANTING CORPORATE AUTHORITY FOR SIGNING OF CHECKS AND TRANSACTION OF FINANCIAL BUSINESS MATTERS 6i. RESOLUTION NO. 2015-07 CALLING FOR A PUBLIC HEARING REGARDING PROPOSED USE OF 2015 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 6j. AN ORDINANCE AMENDING CHAPTER 35 - ZONING OF THE CITY CODE OF ORDINANCES REGARDING THE REGULATION OF OUTDOOR STORAGE AND OUTDOOR SALES DISPLAY AREAS IN THE I-1 INDUSTRIAL PARK DISTRICT -- MOTION TO APPROVE 01/12/15 -4- FIRST READING AND SET SECOND READING AND PUBLIC HEARING FOR FEBRUARY 9,2015 6k. RESOLUTION NO. 2015-08 AMENDING THE HENNEPIN COUNTY VIOLENT OFFENDER TASK FORCE AGREEMENT 61. APPLICATIONS AND PERMITS FOR TEMPORARY ON-SALE LIQUOR LICENSES SUBMITTED BY ST. ALPHONSUS CHURCH, 7025 HALIFAX AVENUE NORTH, FOR SPECIAL EVENTS TO BE HELD FEBRUARY 14, AND MARCH 14,2015 6m. CONSIDERATION OF CITY COUNCIL RETREAT DATES This item was reconsidered prior to Item 11, Council Reports. 6n. RESOLUTION NO. 2015-09 ACCEPTING THE OFFER OF THE MINNESOTA PUBLIC FACILITIES AUTHORITY TO PURCHASE A $19,662,352 TAXABLE GENERAL OBLIGATION WATER REVENUE NOTE, SERIES 2015, PROVIDING FOR ITS ISSUANCE AND AUTHORIZING EXECUTION OF A BOND PURCHASE AND PROJECT LOAN AGREEMENT FOR THE NOTE Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2015-10 EXPRESSING RECOGNITION AND APPRECIATION OF CAROL KLEVEN FOR HER DEDICATED PUBLIC SERVICE AS COUNCIL MEMBER Mayor Willson read in full a Resolution expressing recognition and appreciation of Carol Kleven for her dedicated public service as Council Member. Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2015-10 Expressing Recognition and Appreciation of Carol Kleven for her Dedicated Public Service as Council Member. Motion passed unanimously. 7b. RESOLUTION NO. 2015-11 EXPRESSING RECOGNITION AND APPRECIATION OF KATY HARSTAD FOR HER DEDICATED PUBLIC SERVICE ON THE PLANNING COMMISSION Mayor Willson read in full a Resolution expressing recognition and appreciation of Katy Harstad for her dedicated public service on the Planning Commission. Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt 01/12/15 -5- RESOLUTION NO. 2015-11 Expressing Recognition and Appreciation of Katy Harstad for her Dedicated Public Service on the Planning Commission. Motion passed unanimously. 7c. RESOLUTION NO. 2015-12 EXPRESSING RECOGNITION AND APPRECIATION OF EPHRAIM OLANI FOR HIS DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION Mayor Willson read in full and presented a Resolution expressing recognition and appreciation to Ephraim Olani for his dedicated public served on the Housing Commission. Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2015-12 Expressing Recognition and Appreciation of Ephraim Olani for his Dedicated Public Service on the Housing Commission. Motion passed unanimously. 7d. RESOLUTION NO. 2015-13 EXPRESSION RECOGNITION AND APPRECIATION OF MANDORA YOUNG FOR HER DEDICATED PUBLIC SERVICE ON THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION Mayor Willson read in full and presented a Resolution expressing recognition and appreciation to Mandora Young for her dedicated public service on the Northwest Hennepin Human Services Council Advisory Commission. Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2015-13 Expressing Recognition and Appreciation of Mandora Young for her Dedicated Public Service on the Northwest Hennepin Human Services Council Advisory Commission. Motion passed unanimously. 7e. PRESENTATION OF RESOLUTION BY MINNESOTA COMMUNITY POLICING SERVICES — RECOGNITION OF COUNCILMEMBER APRIL GRAVES Representatives of Minnesota Community Policing read in full and presented a resolution of the Minnesota Community Policing Services recognizing Councilmember Graves for her historical and esteem accomplishment of being duly elected as the first woman of color in the City of Brooklyn Center. Councilmember Ryan moved and Councilmember Myszkowski seconded to accept the resolution of the Minnesota Community Policing Services Board of Commissioners expressing recognition of Councilmember April Graves and to enter it into public record. 01/12/15 -6- Motion passed unanimously. 8. PUBLIC HEARINGS 8a. AREA IMPROVEMENTS City Manager Curt Boganey introduced the item and indicated these items were published in the official newspaper on December 18 and 25, 2014, and are offered this evening for Public Hearing. 1. RESOLUTION NO. 2015-14 ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NOS. 2015-01, 02, 03, AND 04, FREEWAY PARK AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS City Engineer Steve Lillehaug described the process for consideration of improvement projects and special assessments. He then presented Improvement Project Nos. 2015-01, 02, 03, and 04 for the reconstruction of roadway, storm drainage, and utility improvements for the residential neighborhood area commonly referred to as the Freeway Park Area. Mayor Willson asked whether water lines subject to freezing will be replaced or addressed during this reconstruction project. Mr. Lillehaug advised that any water service lines that have frozen in the past or have potential to freeze will be insulated as part of this project. Following presentation of the improvement project, Mr. Lillehaug stated special assessments are proposed as one of several funding sources for the full street reconstruction and drainage improvements located within the Freeway Park area. It was noted that the feasibility report includes a preliminary assessment roll identifying approximately 204 residential properties that are zoned R-1, six multi-family properties with 101 units that are zoned R-3, and two commercial properties that are zoned C-1. Mr. Lillehaug presented special assessment rates for each type of property and described payment options. It was noted that partial prepayments cannot be accepted and bills are not sent to the property owner. Based on the preliminary estimated amounts, it is estimated the approximate monthly payment will range from $46 to $66. Mr. Lillehaug presented the anticipated project schedule and recommended proceeding to hold the Public Hearings. Councilmember Ryan asked about the installation and maintenance responsibilities for rain gardens installed as part of this project. Mr. Lillehaug explained there will be private maintenance agreements with the property owner for maintenance of rain gardens. With regard to tree preservation, Mr. Lillehaug stated the City Forster has inspected the large mature oak trees on the south edge of this project and the City will do its best to preserve those trees. Councilmember Myszkowski moved and Councilmember Ryan seconded to open the Public Hearing. 01/12/15 -7- Motion passed unanimously. Lance Reep, 6700 France Avenue N., stated his concern relating to the width of the street at 22 feet and how far into the property it will go. He also asked about driveway and sidewalk/step repair and if the City will assure the grade is properly addressed. Mr. Lillehaug explained that the right-of-way extends about 15 feet behind the back of the curb, any area disturbed will be restored, and staff will address driveway and sidewalk/step issues on a one-on-one basis with each property. Mary Kaluza-Riviere, 3119 Thurber Road, asked if her property taxes will increase with this improvement beyond payment of the assessment. Mayor Willson indicated it is difficult to say what will happen with property values but the City is seeing values increase so there is a possibility that property values will increase beyond payment of the assessment. Annette Plante, Earle Brown Estates, 6641 Xerxes Place N., stated her access is off Freeway Boulevard and asked if it will be maintained. Mr. Lillehaug indicated there will be only minor repairs to the storm sewer in that area so it will be less impactful and access will be provided at all times with restrictions coordinated with the townhome association. Property owner at 6800 Abbott Avenue N. asked where the ground water will end up once storm drains are installed. Mr. Lillehaug displayed a map and described the pattern of surface drainage to the north, to the stormwater pond, and eventually to the Mississippi River. Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2015-14 Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project Nos. 2015-01, 02, 03, and 04, Freeway Park Area Street, Storm Drainage, and Utility Improvements. Motion passed unanimously. 2. RESOLUTION NO. 2015-15 CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2015-01 AND 2015-02, FREEWAY PARK AREA STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Ryan moved and Councilmember Myszkowski seconded to open the Public Hearing. Motion passed unanimously. 01/12/15 -8- A representative of Spiritual Life Church, 6865 Shingle Creek Parkway, noted that only two commercial properties, zoned C-1, are being assessed. He stated Spiritual Life Church is a non- profit recognized by the City and had been granted an exemption from ad valorem taxes in 1999. In 2008, improvements were made to Xerxes Avenue and the Church paid those assessments of $9,800 in good will. This time they object to the assessment and had submitted that objection in writing on December 18, 2014. He stated Spiritual Life Church has no objection to the project but is asking to be exempted from the $37,000 assessment, noting in other cases churches have argued successfully to not be assessed and recently courts have ruled the assessment needs to bring specific value to the assessed property. He stated the Spiritual Life Church is here for the benefit of residents, has worked cooperatively with the City in the past, and asked the City Council to consider removing this assessment. Mayor Willson stated he was on the City Council when Spiritual Life Church wanted to build in Brooklyn Center. He explained that if the Church does not pay its portion, that cost needs to be spread to other properties in the project. Mayor Willson stated if the Church contests the assessment, the matter will be referred to staff and then considered by the City Council at its next meeting. Attorney LeFevere stated the Spiritual Life Church has raised an objection whether they can be assessed and whether there is special benefit to the property. Mayor Willson stated the City has found it will bring benefit to the property. Attorney LeFevere stated the City Council typically brings an objection to staff who will then make a presentation at the next meeting. He advised that if the Church is not happy with the City's finding, it can appeal to District Court; however, the Church must file a written objection at tonight's hearing and give it to the Mayor in order to preserve its right to appeal to District Court. Spiritual Life representative stated the Church will file that written objection tonight. Aaron Crouch, 3307 67th Avenue N., asked if the assessment is tax deductible with the State. Attorney LeFevere recommended Mr. Crouch consult with his tax advisor whether it can be properly deducted as a real estate tax. Sam stated he is speaking on behalf of his sister Marilyn who lives at 68th and Zenith Avenues N. He stated his sister is not opposed to the assessment but they do object to the interest being charged. He suggested property owners be allowed to pay the assessment without interest. Mayor Willson explained this is a standard interest rate that all have paid so this is not a unique consideration. In addition, the City is borrowing $5 million to fund the project so in order for the City to pay back those funds, it needs to receive an interest amount on the assessment. Jeremiah Sandahl, 6819 Drew Avenue N., referenced the handout provided to residents in November indicating the cost was estimated at $1.1 million but tonight $1.3 million was quoted. Mayor Willson explained it is an estimate, as the bids have not yet been awarded. Mr. Sandahl asked why removing a France Avenue sidewalk did not lower the project cost. Mr. Lillehaug stated the assessments were estimated and when the feasibility study is completed, properties will be inventoried to determine if any have been previously assessed. When those numbers are fine-tuned, the number will be precise. Pertaining to the project cost estimates, he 01/12/15 -9- explained the original improvement plan did not include dollars for sidewalks or trails along France or 67th Avenues N. Mr. Sandahl stated his objection to being forced to pay for sidewalks through some manner and urged the City Council to use fiscal responsibility. Mr. Lillehaug explained how sidewalks are funded through franchise fees and that whether or not sidewalks are installed, it will not change the assessment on this project. Daniel Malm, 6800 block of Beard Avenue N., asked whether the materials (concrete) will be inflated in cost because of the many other projects occurring in the metro area. Mayor Willson stated the bids have not yet been received but the costs will be as the market bears. Mr. Lillehaug stated the City has an annual program to make improvements to certain neighborhoods and the first cycle will be completed in 2021. Mr. Ulm suggested delaying the projects until after the Viking's stadium and other large projects are completed. Mayor Willson explained that doing so would hold up the entire program and the City Council has been adamant to complete the 30-year program to address the City's infrastructure and then, at that point, determine whether another cycle of improvements is warranted. Mr. Lillehaug stated staff will look at each bid item and if the costs are exorbitant, it will be brought before the City.Council for final approval. Spiritual Life Church, 6865 Shingle Creek Parkway, submitted a written objection to the special assessment to Mayor Willson. Councilmember Ryan moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2015-15 Certifying Special Assessments for Improvement Project Nos. 2015-01 and 2015-02, Freeway Park Area Street and Storm Drainage Improvements to the Hennepin County Tax Rolls, excluding Spiritual Life Church, 6865 Shingle Creek Parkway, for consideration at the January 26, 2015, Council meeting. Motion passed unanimously. 3. RESOLUTION NO. 2015-16 ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NOS. 2015-05, 06, 07, AND 08, 63P-D AVENUE STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Mr. Lillehaug presented Improvement Project Nos. 2015-05, 06, 07, and 08 for the reconstruction of roadway, storm drainage, and utility improvements for the residential neighborhood area commonly referred to as the 63`d Avenue(west of Brooklyn Boulevard) area. 01/12/15 -10- Following presentation of the improvement project, Mr. Lillehaug stated special assessments are proposed as one of several funding sources for full street reconstruction and drainage improvements located within the 63`d Avenue project area. It was noted the feasibility report includes a preliminary assessment roll identifying approximately 59 residential properties that are zoned R-1, one school property that is zoned R-1, one church property that is zoned R-1, and one commercial property that is zoned C-2. Mr. Lillehaug presented special assessment rates for each type of property and described payment options. It was noted that partial prepayments cannot be accepted and bills are not sent to the property owner. Based on the preliminary estimated amounts, it is estimated the approximate monthly payment will range from $46 to $66. Mr. Lillehaug presented the anticipated project schedule and recommended proceeding to hold the public hearings. Councilmember Lawrence-Anderson asked about the areas of asphalt placed at the corners as part of the 2014 project. Mr. Lillehaug explained that is not the standard going forward and the bituminous curb and ramps were placed temporarily in anticipation of the 2015 project. Mr. Lillehaug explained what components of the improvement will be assessed and how the assessment rates for improvement projects are kept relatively constant from year to year. Councilmember Graves asked why the commercial space is being assessed for only one side. Mr. Lillehaug explained that Odyssey will be assessed on its frontage prorated at the same rate that residential properties pay. He described the City's Assessment Policy for commercial and industrial properties and how those assessments are calculated. Councilmember Ryan moved and Councilmember Myszkowski seconded to open Public Hearing. Motion passed unanimously. Steve Olson, on behalf of his mother, Delores Olson, 6301 Halifax Drive, stated their concern with the ten-foot asphalt trail proposed to be installed on the north side, noting it was changed from a five-foot sidewalk. Mr. Olson offered an alternative to move the ten-foot trail, if constructed, to the edge of the road without a five-foot boulevard between the trail and the curb, which would minimize impact to the front yard. Mr. Olson stated their concerns relate to safety as the trail would be interrupted by 12 intersections and stop signs and streetlights would be located within the trail. He asked the City Council to think about having a trail in their front yard that would be plowed by a pick-up truck. The City Council and Mr. Olson discussed the trail alignment, placement, designated bicycle lanes, calming measures within the intersection, and potential safety issues. Mr. Olson stated he is only representing himself and asked if the community survey provided input on whether residents were for or against the proposed trail. He asked the City Council to conduct further study whether this trail is necessary and if it is supported by residents. Mayor Willson explained the benefit of sidewalks and trails to create Livable Communities. 01/12/15 -11- Jack Kemp, 490163 d Avenue N., stated many of his questions have been answered but he would like to know more about how to manage access and parking during the time the road is torn up. He stated he would like his car, which has expensive equipment attached, to be parked in his garage every night to assure it is not vandalized. Mayor Willson stated there will be a detour with signage but local residents will be able to use the road and have access to their property. Mr. Lillehaug stated it is expected residents will have access to their driveway and garages each morning and evening. He stated the City will work with residents to address their needs but there may be an exception of several days when concrete driveway aprons are poured. Mr. Lillehaug stated the City will be coordinating with residents on a daily basis. Dave Hreha, corner of Perry and 63`d Avenues N., stated he thinks the bike trail is not safe due to the 12 intersections and a bike trail in this location is not needed. Linda Leach, 492163 d Avenue N., stated she is totally opposed to the bike path, noting there is a bike trail on 651h Avenue. She felt all in the area should pay for the improvements,not just those living directly on 63`d Avenue as it is a corridor that all use. Ms. Leach supported increased police patrol to address speeding vehicles and stated she thinks residents should be able to vote on this improvement project. Mayor Willson agreed 63`d Avenue N. is being used as a main street and explained that calming measures have been used successfully on other roads. Ms. Leach stated she has lived in Brooklyn Center for 19 years and is disappointed residents did not receive this information several years ago. She stated she went door-to-door to visit neighbors and most were adamantly opposed to the trail. Mayor Willson encouraged Ms. Leach to provide that information to Mr. Boganey. Ms. Leach stated her additional objections to the assessments as all utilize 63`d Avenue N. and inconvenience that will be experienced by residents. Mr. Lillehaug clarified that narrowing the lanes to 11 feet is not considered to be a `narrow lane' for a low speed 30 mph roadway and will accommodate all modes of transportation. Esther Hester, 6301 Indiana Avenue N., asked if there are plans for bus shelters along this bus route. Mr. Lillehaug described the location of two bus stops with benches that will be installed. Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2015-16 Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project Nos. 2015-05, 06, 07, and 08, 63`d Avenue Street, Storm Drainage, and Utility Improvements. Motion passed unanimously. 01/12/15 -12- 4. RESOLUTION NO. 2015-17 CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2015-05 AND 2015-06, 63" AVENUE STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Ryan moved and Councilmember Myszkowski seconded to open Public Hearing. Motion passed unanimously. Linda Leach, 4921 63rd Avenue N., asked why an itemized bill cannot be sent. Mayor Willson asked if she was contesting the assessment. Ms. Leach answered in the affirmative. Mayor Willson asked her to submit that objection in writing tonight so her property can be pulled from consideration and addressed by staff at a future meeting. Mr. Boganey stated if a person chooses to not pay the full amount in advance and the assessment goes against the taxes, the property owner will receive a statement each year from the County along with their tax statement. Upon inquiry by Mayor Willson, Ms. Leach indicated she had reconsidered and will not submit a written objection to the assessment. Councilmember Ryan moved and Councilmember Myszkowski seconded to close Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Mayor Willson seconded to adopt RESOLUTION NO. 2015- 17 Certifying Special Assessments for Improvement Project Nos. 2015-05 and 2015-06, 63rd Avenue Street And Storm Drainage Improvements to the Hennepin County Tax Rolls. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS —None. 10. COUNCIL CONSIDERATION ITEMS 10a. SELECTING PRESIDING OFFICERS — PRESIDENT PRO TEM AND ACTING PRESIDENT PRO TEM Mayor Willson recommended ratification of Dan Ryan as President Pro Tem and Lin Myszkowski as Acting President Pro Tem. 01/12/15 -13- Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to ratify the following 2015 Mayoral Appointments: President Pro Tem Dan Ryan Acting President Pro Tem Lin Myszkowski Motion passed unanimously. 10b. RESOLUTION NO. 2015-18 DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER Mayor Willson introduced the item and read in full a Resolution expressing the City Council's commitment to the Brooklyn Center City Charter. Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2015-18 Declaring Commitment to the Brooklyn Center City Charter. Motion passed unanimously. 10c. MAYORAL APPOINTMENTS OF CITY COUNCIL MEMBERS TO SERVE AS LIAISONS TO CITY ADVISORY COMMISSIONS AND AS CITY REPRESENTATIVE/ VOTING DELEGATES FOR OTHER ORGANIZATIONS FOR 2015 Mayor Willson recommended ratification of a slate of 2015 appointments to serve as liaisons to City advisory commissions and as City representatives and voting delegates for other organizations. Councilmember Ryan moved and Councilmember Graves seconded to ratify the following 2015 Mayoral Appointments: Commission/Organization Council Member Financial Commission Lin Myszkowski Housing Commission Kris Lawrence-Anderson Park and Recreation Commission April Graves Ad Hoc Youth Advisory Commission Lin Myszkowski Crime Prevention Program April Graves Earle Brown Days Committee Kris Lawrence-Anderson; Tim Willson- Alternate League of Minnesota Cities Dan Ryan; Tim Willson-Alternate Metro Cities Dan Ryan; Tim Willson-Alternate North Hennepin Area Chamber of Commerce Tim Willson Motion passed unanimously. 10d. AN ORDINANCE AMENDING CHAPTER 1 OF THE CITY CODE OF 01/12/15 -14- ORDINANCES RELATING TO POTENTIALLY DANGEROUS DOGS Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance to address the process and charge a fee for contesting and appealing sterilization of dogs declared potentially dangerous by the Animal Control Officer. If granted first reading tonight, second reading and public hearing would be set for February 9, 2015. Mayor Willson explained who serves on the Dangerous Dog Committee and described their recent consideration of a case where sterilization of a dangerous dog was contested. He stated his support for the ordinance. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the first reading of an Ordinance Amending Chapter 1 of the City Code of Ordinances Relating to Potentially Dangerous Dogs and set second reading and Public Hearing for February 9, 2015. Motion passed unanimously. 10e. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSES Mayor Willson explained the streamlined process that will now be used to consider Type IV 6- Month Provisional Rental Licenses. Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on any of the rental licenses as listed on tonight's meeting agenda. Seeing no one coming forward,Mayor Willson called for a motion on Agenda Items l Oe 1 through l Oe 13. 10el. 4200 LAKEBREEZE AVENUE 10e2. 7106 HALIFAX AVENUE NORTH 10e3. 132068 1h LANE 10e4. 5700 CAMDEN AVENUE NORTH 10e5. 5930 CAMDEN AVENUE NORTH 10e6. 6349 HALIFAX DRIVE 10e7. 7240 WEST RIVER ROAD 1. RESOLUTION NO. 2015-19 APPROVING A TYPE IV RENTAL LICENSE FOR 7240 WEST RIVER ROAD 10e8. 1706 71ST AVENUE NORTH 1. RESOLUTION NO. 2015-20 APPROVING A TYPE IV RENTAL LICENSE FOR 1706 71ST AVENUE NORTH 10e9. 6601 CAMDEN DRIVE 1. RESOLUTION NO. 2015-21 APPROVING A TYPE IV RENTAL LICENSE FOR 6601 CAMDEN DRIVE 10e10. 5755 HUMBOLDT AVENUE NORTH 1. RESOLUTION NO. 2015-22 APPROVING A TYPE IV RENTAL LICENSE FOR 5755 HUMBOLDT AVENUE NORTH 10el1. 7000 JAMES AVENUE NORTH 01/12/15 -15- 1. RESOLUTION NO. 2015-23 APPROVING A TYPE IV RENTAL LICENSE FOR 7000 JAMES AVENUE NORTH 10e12. 5820 LOGAN AVENUE NORTH 1. RESOLUTION NO. 2015-24 APPROVING A TYPE IV RENTAL LICENSE FOR 5820 LOGAN AVENUE NORTH 10e13. 7212 WILLOW LANE 1. RESOLUTION NO. 2015-25 APPROVING A TYPE IV RENTAL LICENSE FOR 7212 WILLOW LANE 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 the following: 4200 Lakebreeze Avenue, 7106 Halifax Avenue North, 1320 68th Lane, 5700 Camden Avenue North, 5930 Camden Avenue North, 6349 Halifax Drive, to adopt RESOLUTION NO. 2015-19, Approving a Type IV Rental License for 7240 West River Road, to adopt RESOLUTION NO. 2015-20, Approving a Type IV Rental License for 1706 71St Avenue North, to adopt RESOLUTION NO. 2015-21, Approving a Type IV Rental License for 6601 Camden Drive, to adopt RESOLUTION NO. 2015-22, Approving a Type IV Rental License for 5755 Humboldt Avenue North, to adopt RESOLUTION NO. 2015-23, Approving a Type IV Rental License for 7000 James Avenue North, to adopt RESOLUTION NO. 2015-24, Approving a Type IV Rental License for 5820 Logan Avenue North, and to adopt RESOLUTION NO. 2015-25, Approving a Type IV Rental License for 7212 Willow Lane, with the requirement that the mitigation plans and all applicable ordinances must be strictly adhered to before renewal licenses would be considered. Motion passed unanimously. 6m. RECONSIDERATION OF CITY COUNCIL RETREAT DATES The City Council agreed with the suggestion of Mr. Boganey to reconsider Consent Agenda Item 6m to select dates for the City Council Retreat. Mr. Boganey indicated the suggested dates are February 6 and 7 or 20 and 21, 2015. The City Council reviewed their schedules and discussed availability. Mr. Boganey stated he will advise of the venue once scheduled. The City Council discussed whether a third session should be considered. Mayor Willson moved and Councilmember Myszkowski seconded to schedule the City Council Retreat on February 6 and 7, 2015, at a location to be determined. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • January 8, 2015, Regretted not being able to attend the Mayor's State of the City Address 01/12/15 -16- • January 19, 2015, Martin Luther King Civil Rights Forum • January 21, 2015, City Stormwater Protection Plan Presentation • January 22, 2015, Brooklyn Center Business Association Luncheon • February 1, 2015, Lions Waffle Breakfast Councilmember Ryan stated tonight is the first meeting of his third term. He extended his appreciation for the opportunity to serve the City, to his wife, his team of campaign volunteers, and the City's voters. Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • December 10, 2014, 63rd Avenue Traffic Calming Workshop • January 5, 2015, Brooklyns Youth Council • January 6, 2015,Meeting with Amber Smith of Partnership for Change Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • December 10, 2015, 63rd Avenue Traffic Calming Workshop • January 5, 2015, Brooklyn Center Business Association Board Meeting • January 7, 2015, Odyssey Board Meeting Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • January 7, 2015, Staff Orientation • Meeting with Kelsey to facilitate a Workshop at the February 13, 2015, Minneapolis Partners for Youth Conference • January 13, 2015, Osseo District Drum and Dance Rehearsal for Native American Parents • January 14, 2015, High School Parent Support Group Meeting • January 19, 2015, Martin Luther King Day Annual March in St. Paul Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • January 8, 2015, State of the City Address with the Local Chamber Mayor Willson thanked staff for their assistance with the State of the City Address, which was well received. 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Graves seconded adjournment of the City Council meeting at 10:13 p.m. Motion passed unanimously. 01/12/15 -17- 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 12, 2015, 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 January 26, 2015, Regular Session. City Clerk Mayor 01/12/15 -18-