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Home My WebLink About2015 03-09 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 MARCH 9, 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, and Lin Myszkowski. Councilmember Dan Ryan 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, Fire Chief Lee Gatlin, City Attorney Doug Shaftel, and Brittney Berndt, 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 Myszkowski moved and Councilmember Lawrence-Anderson seconded to close the Informal Open Forum at 6:47 p.m. Motion passed unanimously. 2. INVOCATION Mayor Willson requested a moment of silence and personal reflection as the Invocation reflecting on the past of Selma and how that has shaped today's world. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:02 p.m. 03/09/15 -1- 4. ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, and Lin Myszkowski. Councilmember Dan Ryan 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, Fire Chief Lee Gatlin, City Attorney Doug Shaftel, and Brittney Berndt, 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 Graves seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. February 23, 2015 —Study Session 2. February 23, 2015—Regular Session 3. February 23, 2015—Work Session 6b. LICENSES MECHANICAL Absolute Mechanical, LLC 7338 Ohms Lane,Edina Crown Mechanical 1670 South Robert Street, West St. Paul MMH Plumbing Inc. 306062 nd Street Southwest, Waverly Wilson HVAC Co. 15284 117thStreet, Becker RENTAL INITIAL TYPE III—one-year license) 3224 62° Avenue North Michael Mills 5317 Camden Avenue North Jeff Brawley INITIAL (TYPE It—two year license) 3000 64`x'Avenue North Passed w/Weather Deferral Infinite Property LLC 2107 70th Avenue North Infinite Property LLC 1619 73rd Avenue North Nancy Yang 7007 James Avenue North Passed w/Weather Deferral Infinite Property LLC 5907 York Avenue North Passed w/Weather Deferral Infinite Property LLC 03/09/15 -2- RENEWAL (TYPE III—one-year license) 2301 Ericon Drive Dan Mattison RENEWAL (TYPE II—two-year license) 5401 Brooklyn Boulevard Northport Properties 6316 Quail Avenue North Passed w/Weather Deferral Tim Xiong 6913 Quail Avenue North Miles Mehaffey 3206 Thurber Road Mains'l Properties 5201 Winchester Lane Yolanda Jackson RENEWAL (TYPE I—three-year license) 3819 France Place Robert Lindahl 7218 Grimes Avenue North Shawn and Djuana Banks 6424 June Avenue North Faisale Boukari 6018 Kyle Avenue North Danny Vo 5820 Logan Avenue North Farnaz Toussi 7013 Unity Avenue North Scott Lauderdale 6500 Willow Lane North Dragon Property Management 6c. 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 APRIL 25, 2015. 6d. RESOLUTION NO. 2015-42 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2015-01, 02, 03 AND 04, FREEWAY PARK AREA STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS 6e. RESOLUTION NO. 2015-43 ESTABLISHING PARKING RESTRICTIONS FOR SEGMENTS ON 63R' AVENUE FROM ORCHARD AVENUE TO BROOKLYN BOULEVARD Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2015-44 EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER AMERICAN LEGION POST 630 IN SUPPORT OF THE 2015 CSI SAFETY ACADEMY Mayor Willson read in full a Resolution Expressing Appreciation for the Donation of the Brooklyn Center American Legion Post 630 in Support of the 2015 CSI Safety Academy. He 03/09/15 -3- and the City Council thanked the Brooklyn Center American Legion for their support to make the community safer. Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2015-44 Expressing Appreciation for the Donation of the Brooklyn Center American Legion Post 630 in Support of the 2015 CSI Safety Academy. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS AND WEED REMOVAL COSTS Assistant City Manager/Director of Building and Community Standards Vickie Schleuning introduced the item, discussed the history, and stated the purpose of the proposed special assessments. Councilmember Graves expressed concern on why the amounts varied for residents regarding the weed removal assessments. Ms. Schleuning explained that it depended on the individual circumstances, but it could vary based upon the scope of the abatement and the number of offenses. Councilmember Graves questioned what the requirements are for residents who have wildflower gardens. Ms. Schleuning explained that weeds needed to be over 8 inches and if the individual argued that they have a "wild flower" garden, then the City might require them to identify the plants and clean up any weeds. Councilmember Graves asked what happens to residents who have trees that might be growing around power lines or creating other such hazards and if those are included in these assessments. Ms. Schleuning expressed that at times dead trees could turn into diseased trees and vice versa but explained that the City does have a forester on staff. She stated that any concerned citizen could call the City and request that the forester go out and look at the trees before a determination is made. She also explained that there are occasions when people buying homes are left with the special assessments for a tree or weed issue that might have been there prior to their owning the property. Those times, she advises the citizens to call their title company or the seller of the property for a remedy. Councilmember Myszkowski moved and Councilmember Graves seconded to open the Public Hearing. Motion passed unanimously. No one appeared to speak. Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to close the Public Hearing. 03/09/15 4- Motion passed unanimously. 1. RESOLUTION NO. 2015-45 CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COST TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2015-45 Certifying Special Assessments for Diseased Tree Removal Cost to the Hennepin County Tax Rolls. Motion passed unanimously. 2. RESOLUTION NO. 2015-46 CERTIFYING SPECIAL ASSESSMENTS FOR WEED REMOVAL COST TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2015-46 Certifying Special Assessments for Weed Removal Cost to the Hennepin County Tax Rolls. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2015-001, SUBMITTED BY SCP DISTRIBUTORS AND CAPITAL PARTNERS LLP FOR SPECIAL USE PERMIT TO ALLOW AN OUTDOOR STORAGE AND SALES DISPLAY AREA IN THE I-1 (INDUSTRIAL PARK) DISTRICT, LOCATED AT 6840 SHINGLE CREEK PARKWAY Director of Business and Development Gary Eitel provided an overview of Planning Commission Application No. 2015-001 and advised that the Planning Commission had recommended approval of the application at its February 26,2015, meeting. Mr. Eitel answered questions of the City Council regarding the request for Application No. 2015- 001, submitted by SCP Distributors and Capital Partners LLP for Special Use Permit to allow an Outdoor Storage and Sales Display Area in the I-1 (Industrial Park) District, located at 6840 Shingle Creek Parkway. He explained that this sales display in question would be done very well and includes pavers, fences, and fireplaces. Councilmember Lawrence-Anderson questioned what type of fencing would be in place around the displays. Mr. Eitel explained that around a portion of the display would be a decorative aluminum fence, but the public view will be a high-grade vinyl privacy fence. Councilmember Lawrence-Anderson asked if this display portion would be open to the public for purchasing products. Mr. Eitel stated that this location would be for wholesale products only and wouldn't be open to the public but rather only contractors. 03/09/15 -5- Mayor Willson pointed out that this property was vacant in recent history and expressed his excitement that it now has a tenant who is adding so much value to Brooklyn Center. The City Council concurred. 1. RESOLUTION NO. 2015-47 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-001, SUBMITTED BY SCP DISTRIBUTORS AND CAPITAL PARTNERS LLP FOR SPECIAL USE PERMIT TO ALLOW AN OUTDOOR STORAGE AND SALES DISPLAY AREA IN THE I-1 (INDUSTRIAL PARK) DISTRICT, LOCATED AT 6840 SHINGLE CREEK PARKWAY Councilmember Graves moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2015-47 Regarding the Disposition of Planning Commission Application No. 2015-001, Submitted by SCP Distributors and Capital Partners LLP for Special Use Permit to Allow an Outdoor Storage and Outdoor Sales Display Area in the 1-1 (Industrial Park) District, Located at 6840 Shingle Creek Parkway. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 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 10a1 through 10a6. 10al. 4811 LAKEVIEW AVENUE 10a2. 361354 1h AVENUE NORTH 100. 5814 EWING AVENUE NORTH 10a4. 5649 NORTHPORT DRIVE 10a5. RESOLUTION NO. 2015-48 APPROVING A TYPE IV RENTAL LICENSE FOR 3912 61"AVENUE NORTH 10a6. RESOLUTION NO. 2015-49 APPROVING A TYPE IV RENTAL LICENSE FOR 6724 FRANCE AVENUE NORTH 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 the following: 4811 Lakeview Avenue, 3613 54th Avenue North, 5814 Ewing Avenue North, 5649 Northport Drive and to adopt RESOLUTION NO. 2015-48, Approving a Type IV Rental License for 3912 61" Avenue North and to adopt RESOLUTION NO. 2015-49, Approving a Type IV Rental 6724 France Avenue North with the requirement that the mitigation plans and all applicable ordinances must be strictly adhered to before renewal licenses would be considered. 03/09/15 -6- Motion passed unanimously. 10b. RESOLUTION NO. 2015-50 AUTHORIZING APPROVAL OF THE ISSUANCE OF A PREMISES PERMIT FOR BROOKLYN PARK BABE RUTH TO CONDUCT LAWFUL GAMBLING AT JAMMIN WINGS, 2590 FREEWAY BOULEVARD,BROOKLYN CENTER. Mr. Boganey introduced the item and reviewed the proposed permit application submitted by Brooklyn Park Babe Ruth to sell pull tabs at the establishment of Jammin Wings. Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2015-50 authorizing approval of the issuance of a premises permit for Brooklyn Park Babe Ruth to conduct Lawful Gambling at Jammin Wings, 2590 Freeway Boulevard,Brooklyn Center. Motionassed unanimously. p Y 11. COUNCIL REPORT Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • March 1,2015: Gave two presentations on Food Share for the CEAP organization • March 2, 2015: Participated in Read Across America Day at Evergreen Park Elementary • March 9, 2015: Attended the Brooklyns Youth Council meeting Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • Participated in Brooklyn Center High School's mock interviews • March 2, 2015: Attended BCBA executive meeting • March 3,2015: Attended a town hall meeting with State Representatives • March 4, 2015: Participated in Brooklyn Center University • March 5, 2015: Odyssey Academy meeting with Minnesota School Board Association Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • February 25, 2015: Attended the Multi-Cultural Advisory Committee meeting • February 27, 2015: Attended Brooklyn Center High School conferences • March 3, 2015: Attended History Presentations for"History Day" • March 4, 2015: Attended Osseo American Indian Drum Rehearsal • March 4, 2015: Participated in Brooklyn Center University • March 5, 2015: Attended Brooklyn Center's Town Hall Meeting for the Head Start Bus Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • February 26, 2015: Attended the Brooklyns Youth Alliance board meeting 03/09/15 -7- • February 27, 2015: Read to classes at Garden City School • February 27, 2015: Attended a meeting with Brooklyns Youth Alliance Director and Pro USA • March 2, 2015: Read to classes at Evergreen School 12. ADJOURNMENT Councilmember Myszkowski moved and Councilmember Graves seconded adjournment of the City Council meeting at 7:50 p.m. Motion passed unanimously. 03/09/15 -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: 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 March 9,2015. 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 March 23, 2015, Regular Session. d City Clerk Mayor 03/09/15 -9