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Home My WebLink About2015 01-26 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 26, 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, Director of Business and Development Gary Eitel, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Roger Kloster, 7223 Lee Avenue North, stated he received a notice within his last water bill describing a rate increase so he called staff and learned the public hearing had been held in December and advertised in the Sun Post. Mr. Kloster described the sporadic delivery of the Sun Post and belief there should be a better way to advertise something important, such as a utility rate increase. Mr. Kloster suggested inserting a notice of rate increase in the preceding utility bill to notify residents of the increase and public hearing date. City Manager Curt Boganey thanked Mr. Kloster for the suggestions offered and explained the City's website has that information posted as well as the option to sign up to receive automatic notices. Councilmember Ryan moved and Councilmember Graves seconded to close the Informal Open Forum at 6:50 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Lawrence-Anderson offered an invocation for world peace and harmony. 3. CALL TO ORDER REGULAR BUSINESS MEETING 01/26/15 -1- 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, City Attorney Troy Gilchrist, 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 Myszkowski moved and Councilmember Lawrence-Anderson seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Work Session and Regular Session minutes of January 12, 2015, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. January 12, 2015 —Study Session 2. January 12, 2015 —Regular Session 3. January 12, 2015 —Work Session 6b. LICENSES LIQUOR-CLASS B ON-SALE INTOXICATING, SUNDAY,AND 2 A.M. Jammin Wings LLC, dba Jammin Wings 2590 Freeway Boulevard Subject to submittal of proof of payment of second half 2014 property taxes, City utilities, and license fee paid by cash, certified check, or cashier's check. MECHANICAL Stern Heating/Cooling, Inca 34181 1801h Avenue, Red Wing Total Refrigeration 949 South Concord Street, S. St. Paul RENTAL INITIAL (TYPE II—two year license) 5308 Emerson Avenue N. Michael Williamson 5712 Bryant Avenue N. Gavin Kleinknecht 6018 Camden Avenue N. Crystal Brummer 6718 Colfax Avenue N. Gavin Kleinknecht RENEWAL (TYPE III—one-year license) 01/26/15 -2- 341362 d Avenue N. Lee Mixson 6213 Chowen Avenue N. Passed w/Weather Deferral Nazeen Khatoon 6437 Kyle Avenue N. Sheng Lee RENEWAL (TYPE II—two-year license) 7250 West River Road Paul Barli 5332-36 Russell Avenue N. Douglas Ryan 72nd D 5447 72 Circle Josephitto 6939 Brooklyn Boulevard Jacob Yanish 5825 June Avenue N. Mark Gettinger RENEWAL (TYPE I—three-year license) 6605 Camden Drive Calvin Johnson 7042 Emerson Avenue N. John Hicks 5426 Fremont Avenue N. Matthew Klein 4201 Lakeside Avenue #206 ` Tammy Kassulker TOBACCO RELATED PRODUCT Regal Foods Corp. 61566 1h Avenue N. 6c. RESOLUTION NO. 2015-26 CHANGING POLLING LOCATIONS FOR PRECINCTS 4, 6,AND 7 6d. RESOLUTION NO. 2015-27 AUTHORIZING THE CITY OF BROOKLYN CENTER TO PARTICIPATE IN THE MINNESOTA GREENSTEP CITIES PROGRAM 6e. SET DATE AND TIME OF FACILITATED STRATEGIC PLANNING AND TEAM BUILDING RETREAT FOR FRIDAY, FEBRUARY 6, 2015, AT 5:30 P.M. AND SATURDAY, FEBRUARY 7,2015,AT 8:00 A.M. Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2015-28 EXPRESSING RECOGNITION AND APPRECIATION OF MARC BOOTH FOR OVER 35 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER City Manager Curt Boganey expressed his thanks to Marc Booth for the extraordinary services provided during his 35 years of employment with the City of Brooklyn Center. Mayor Willson read in full a Resolution Expressing Recognition and Appreciation of Marc Booth for over 35 Years of Dedicated Service to the City of Brooklyn Center. 01/26/15 -3- Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2015-28 Expressing Recognition and Appreciation of Marc Booth for over 35 Years of Dedicated Service to the City of BrooklynCenter. Motion passed unanimously. 8. PUBLIC HEARINGS —None. 9. PLANNING COMMISSION ITEMS —None. 10. COUNCIL CONSIDERATION ITEMS 10a. MAYORAL APPOINTMENT OF COMMISSIONER AND ALTERNATE COMMISSIONER TO SERVE ON SHINGLE CREEK ! WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSIONS Mayor Willson recommended ratification of David Mulla, 6732 Willow Lane, to serve as Commissioner and David Vlasin, 5712 Colfax Avenue North, to serve as Alternate Commissioner on the Shingle Creek / West Mississippi Watershed Management Commissions with a term to expire January 31, 2018. Councilmember Myszkowski moved and Councilmember Ryan seconded to ratify the following 2015 Mayoral Appointment with a term to expire January 31, 2018: Shingle Creek/West Mississippi Watershed Management Commission David Mulla, 6732 Willow Lane Commissioner David Vlasin, 5712 Colfax Avenue North Alternate Commissioner David Mulla, 6732 Willow Lane, introduced himself and thanked the Council for the honor of serving Brooklyn Center in this important capacity. Councilmember Ryan described Professor Mulla's related professional credentials. Motion passed unanimously. 10b. TOBACCO RELATED PRODUCTS LICENSE FOR VALUE FOODS, 6820 HUMBOLDT AVENUE NORTH Mr. Boganey introduced the item and reviewed the City Council's past consideration at the January 12, 2015, Study and Work Sessions when this item was tabled. He stated staff finds that the applicant has met all of the required ordinance qualifications. 01/26/15 -4- Councilmember Ryan moved and Councilmember Graves seconded to remove consideration of a tobacco related products license for Value Foods, 6820 Humboldt Avenue North, from the table. Motion passed unanimously. Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to approve a tobacco related products license for Value Foods, 6820 Humboldt Avenue North. Mayor Willson stated he will support approval based on the recommendation of staff and the Police Chief noting, however, that the City Council takes this issue very seriously. Motion passed unanimously. 10c. 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 the rental license as listed on tonight's meeting agenda. There being no one present to offer testimony, Mayor Willson called for a motion on Agenda Item l Oc1. 10cl. 2018 55th AVENUE NORTH 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 2018 55th Avenue North, with the requirement that the mitigation plans and all applicable ordinances must be strictly adhered to before renewal license would be considered. Motion passed unanimously. 10d. CENTERPOINT ENERGY GAS FRANCHISE ORDINANCE Mr. Bogany introduced the item and explained the purpose of the ordinance. Staff finds that the model ordinance is in acceptable form and recommended to approve first reading and schedule a public hearing and second reading for February 23, 2015, at 7:00 p.m. It was noted the Franchise Agreement with CenterPoint Energy generates approximately $250,000 annually, which is included in the 2015 Capital Projects Fund budget to support the Street Reconstruction Program. If approved, the Agreement will run for 20 years and staff will draft a separate ordinance relating to the fees. Councilmember Graves asked for an explanation of the difference between a franchise fee versus a permit fee, the cost per household, and definition of customer class. Mr. Boganey explained the franchise fee is charged by CenterPoint Energy based upon class of customer (commercial/industrial), consumption, and size of service line. He stated he will provide the 01/26/15 -5- specific information on the rates to the City Council. He further explained the purpose behind the language relating to permit fees to assure the City does not charge the utility twice for the same right(use of the City's rights-of-way). Councilmember Ryan stated the marginal franchise fee for non-City utilities is collected monthly from the rate payer by the utility company who then remits the fee to the City. Those fees are then used in the City's Capital Improvement Plan, which in turn lowers the level of assessment to benefiting property owners. Mr. Boganey agreed that is how franchise fees are used base on the current policy of the City. Councilmember Ryan referenced City Ordinance Section 8.4, Collection of Fee, and stated his interpretation it relates to not charging the fee on delinquent utility bills. City Attorney Troy Gilchrist stated that is correct, if the utility company is unable to collect payment on a utility bill, it is not required to make payment of non-collected franchise fees. Councilmember Graves encouraged the City to assure adequate advertisement of the upcoming public hearing. Mr. Boganey described the statutory requirement for notice of public hearing and explained that in this particular case, it is not a utility charge of the City so the issue of notice is more of a general nature. He assured the City Council that all practical means available will be used to inform the public of the upcoming public hearing. Mayor Willson reviewed the multi-step process followed for ordinance adoption and commented on the importance of franchise fees to fund infrastructure improvement projects. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the first reading of an Ordinance Granting CenterPoint Energy Resources Corp., d/b/a/ CenterPoint Energy Minnesota Gas ("CenterPoint Energy"), its Successors and Assigns, a Nonexclusive Franchise to Construct, Operate, Repair, and Maintain Facilities and Equipment for the Transportation, Distribution, Manufacture, and Sale of Gas Energy for Public and Private Use and to Use the Public Ways and Grounds of the City of Brooklyn Center, Hennepin County, Minnesota, for such purpose; and, Prescribing Certain Terms and Conditions Thereof, and set second reading and Public Hearing for February 23, 2015. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan announced that his family experienced a tragic loss when his father-in-law suffered a severe stroke and passed on January 17, 2015. He stated his appreciation for all of the expressions of sympathy and support that have been received. Councilmember Myszkowski reported on her attendance ,at the following and provided information on the following upcoming events: • January 17, 2015, Asian New Years Celebration • January 20, 2015, Earle Brown Days Committee Meeting • January 21, 2015, CEAP Board Meeting 01/26/15 -6- Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • January 20, 2015,Earle Brown Days Committee Meeting • January 20, 2015, Housing Commission Meeting • January 22, 2015, Brooklyn Center Business Association Luncheon • January 23, 2015, Husband's surgery so unable to attend the January 24, 2015, Legislative Breakfast • January 25, 2015, Coffee Server at Cross of Glory • February 7, 2015, Brooklyn Center Copsicles Polar Plunge and opportunity to make a donation Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • January 12,2015, Swearing-in Ceremony and first City Council Meeting • January 13, 2015, Osseo American Indian Parent Advisory Council's Drum and Dance Rehearsal • January 24, 2015, Regalia Meeting • January 19, 2015,Martin Luther King Day Annual Parade in St. Paul • January 20, 2015, Parks and Recreation Commission Meeting • January 21, 2015, Parent Group Chat at the High School but missed the Crime Prevention Meeting • Recently contracted to work with the Minneapolis Youth Coordinating Board • January 29, 2015, Asian American Heritage Event • January 30 and 31, 2015,Newly Elected Officials Conference • February 2, 2015,KFIA Truth to Tell Interview • April 25, 2015, Annual Pow Wow at Osseo Junior High School Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • January 20, 2015, City Auditors Meeting Mayor Willson announced the opportunity to attend an eight-week course at Brooklyn Center University entitled Experience Your City Government. He encouraged those interested to register by February 14, 2015, noting the enrollment is limited to 20 and the fee is $25. Mr. Boganey added that there will be light refreshments during these courses and enrollees must be at least 18 years of age. Councilmember Lawrence-Anderson noted this successful program had been brought forward by Councilmember Myszkowski. Councilmember Myszkowski stated she learned of this program from the City of Roseville. Mayor Willson stated on January 27, 2015, there will be a Cable 12 interview of Mr. Boganey to explain this program. 12. ADJOURNMENT 01/26/15 -7- Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded adjournment of the City Council meeting at 7:40 p.m. Motion passed unanimously. 01/26/15 -8- 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: I. 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 26, 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 February 9, 2015, Regular Session. City Clerk Mayor 01/26/15 -9-