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Home My WebLink About2015 03-23 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 23, 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, Director of Community Activities, Recreation and Services Jim Glasoe, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Police Chief Kevin Benner, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Also present were Youth in Government Day participants Mayor Feyisayo Ayobamidele, Park Center High School; and Councilmembers Andrew Osagiede, Brooklyn Center High School; Fiona Greathouse, Osseo High School; Sade Berrouet,Northview Junior High School; and Naitu Haskins,Northview Junior High School. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Pastor McKinley Moore, Jehovah Jireh Church, 6120 Xerxes Avenue N.; introduced himself and invited the City Council to attend the May 2, 2015, Brooklyn Center Community Prayer Breakfast. Pastor Moore thanked the Mayor and City Council for their service. Mayor Willson asked staff to prepare a proclamation for this event and invited Pastor Moore to offer tonight's invocation. No one else wished to address the City Council. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Informal Open Forum at 6:54 p.m. Motion passed unanimously. 2. INVOCATION 03/23/15 -1- Pastor McKinley Moore, Jehovah Jireh Church, 6120 Xerxes Avenue N., offered 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 7:00 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, 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 Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Also present were Youth in Government Day participants Mayor Feyisayo Ayobamidele, Park Center High School; and Councilmembers Andrew Osagiede, Brooklyn Center High School; Fiona Greathouse, Osseo High School; Sade Berrouet,Northview Junior High School; and Naitu Haskins,Northview Junior High School. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the Agenda and Consent Agenda, as amended,to remove Item 7a, The Brooklyn Bridge Alliance for Youth Presentation, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. March 9, 2015 -Study Session 2. March 9, 2015 —Regular Session 3. March 9, 2015 —Work Session 6b. LICENSES MECHANICAL Assured Comfort Heating&A/C LLC 1067 801h Avenue N., Roberts, WI Gannon Heating and Air LLC 346 Cleveland Avenue SW, St. Paul MidAmerica, Inc. 6989 North 55th Street, Oakdale RENTAL 03/23/15 -2- INITIAL (TYPE III—one-year license) 6700 Ewing Avenue N. Steven Douglas 5541 Logan Avenue N. Passed w/Weather Deferral Peter Milinkovich 7207 Willow Lane Arl Woods INITIAL (TYPE II—two-year license) 6101 Beard Avenue N. Jason Quilling 530567 th Avenue N. Passed w/Weather Deferral Sai Yang 4207 Lakeside Avenue 4329 Sherry Hill RENEWAL (TYPE III—one-year license) 6343 Orchard Avenue N. Missing ARM Meetings Thomas/Dawn Mould RENEWAL (TYPE II—two-year license) 4100 Lakebreeze Avenue Bruce Waage" 681.3 Noble Avenue N. Passed w/Weather Deferral David Zemke 5400-02 Russell Avenue N. Tai Pham 3807 61St Avenue N. Invitation Homes 5439 Camden Avenue N. Noell McPheeters 5548 Dupont Avenue N. John Lindahl 5214 Ewing Avenue N. J& M Homes II, LLC 5719 Halifax Avenue N. Passed w/Weather Deferral Yang Yang Zheng 5548 Lilac Drive N. Passed w/Weather Deferral Prosperous Property LLC 6900 Quail Avenue N. Michael Johnson RENEWAL (TYPE I—three-year license) 6821 Noble Avenue N. Reuben& Diane Ristrom 6613 Camden Drive Mark One Resources, LLC 5330 Girard Avenue N. Charles Bright 5814 Pearson Drive Invitation Homes SIGNHANGER Twin Cities Sign Installations 14333 Ural Street NE, Ham Lake 6c. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY CODE OF ORDINANCES RELATING TO THE SALE OF TOBACCO RELATED PRODUCTS—APPROVE FIRST READING AND SET SECOND READING AND PUBLIC HEARING FOR APRIL 27,2015. 03/23/15 -3- 6d. RESOLUTION NO. 2015-51 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2015-05, 06, 07, AND 08, 63" AVENUE STREET, STORM DRAINAGE,AND UTILITY IMPROVEMENTS 6e. RESOLUTION NO. 2015-52 ACCEPTING BID AND AUTHORIZING AWARD OF CONTRACT, IMPROVEMENT NO. 2015-12, CONTRACT 15-F,2015 STREET SEAL COATING 6f. RESOLUTION NO. 2015-53 AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR A PUBLIC SPACE RECYCLING GRANT BETWEEN HENNEPIN COUNTY AND THE CITY OF BROOKLYN CENTER 6g. RESOLUTION NO. 2015-54 AUTHORIZING ' EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT FOR DESIGN AND IN- CONSTRUCTION SERVICES, PROJECT NO. 2014-11, 2014 CAPITAL MAINTENANCE BUILDING PROJECT 6h. AN ORDINANCE RELATING TO A PERMIT FOR LAND DISTURBING ACTIVITIES; AMENDING CITY CODE SECTION 35-235 AND REMOVING CITY CODE SECTION 35-2230—APPROVE FIRST READING AND SET SECOND READING AND PUBLIC HEARING FOR APRIL 13,2015. 6i. RESOLUTION NO. 2015-55 IN SUPPORT OF LEGISLATION ESTABLISHING AN EARLY VOTING PROCESS FOR VOTERS IN MINNESOTA 6j. RESOLUTION NO. 2015-56 SUPPORTING DEDICATED STATE FUNDING FOR CITY STREETS 6k. RESOLUTION NO. 2015-57 IN SUPPORT OF LEGISLATION INCREASING THE APPROPRIATION OF LGA TO THE 2002 FUNDING LEVEL 61. RESOLUTION NO. 2015-58 AUTHORIZING THE EARLY PURCHASE OF A FIRE TRUCK TO REPLACE RESCUE 5 Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. THE BROOKLYN BRIDGE ALLIANCE FOR YOUTH This item was removed upon adoption of the agenda and rescheduled to April 13, 2015. 03/23/15 -4- 7b. 2014 ANNUAL CRIME DATA REPORT Police Chief Benner presented the 2014 Annual Crime Data Report and Part 1 crime statistics, noting violent crimes are the lowest since 1999; robberies are the lowest since 1992; and, property crime/burglaries are the lowest since at least 1985. Police Chief Benner presented Part 2 crime statistics and described the reduction in each category. He noted that in 2014, the Investigations Division solved 45% of the assigned cases. Police Chief Benner concluded presentation of the Report and thanked the City Council for its continued support. Mayor Willson commented the report is showing the lowest property crime and burglary rates since 1985,which is 30 years. Councilmember Myszkowski stated this report is great and she suspects the Youth Council may appreciate receiving a paper copy of the report. Councilmember Graves stated it was interesting to see this progress. She asked about the juvenile arrest citations, noting it was mentioned that the most increase was due to parking tickets. Police Chief Benner clarified that statistic relates to overall citations in general and not only juvenile citations. Councilmember Graves asked about the diversion program and whether the drop in successful completion was due to fewer people being enrolled or fewer people completing the program. Police Chief Benner reviewed the statistics and stated he is currently working with Hennepin County to create uniform diversion throughout Hennepin County. City Manager Curt Boganey asked if Brooklyn Center is a leading city in the diversion program. Police Chief Benner answered in the affirmative and stated Brooklyn Center is the leading city in Hennepin County after Minneapolis. Councilmember Ryan stated his appreciation and support for the diversion program and asked about the issue of profiling as he has received complaints. Police Chief Benner stated profiling is not allowed if based on race. He explained they look at potential crime outcomes and may saturate patrol in certain areas based on calls. Police Chief Benner clarified that disproportionate arrests do not relate to profiling and if a person is stopped, it is due to the crime committed or is suspected of committing. Councilmember Lawrence-Anderson congratulated Police Chief Benner and the Police Department and stated she is proud to live in Brooklyn Center and see these numbers. Mr. Boganey reiterated that the amount of increase or decrease in crime is not the sole responsibility of people in uniform but a combination of factors that contribute to that result. He noted that it is a result of a community effort including the policies and programs that the Council has put into place as well as efforts by citizens who observe, report, and conduct better businesses and operations. 03/23/15 -5- 7c. PROCLAMATION DECLARING MARCH 23, 2015, AS "YOUTH IN GOVERNMENT DAY" IN THE CITY OF BROOKLYN CENTER,MINNESOTA Mayor Willson announced it is Youth in Government Day and invited Student Members to introduce themselves. Feyisayo Ayobamidele, Park Center High School, introduced herself and stated she is a IOth grader and basketball player Naitu Haskins, Northview Junior High School, introduced herself and stated she is in the Park Center Marching Band. Fiona Greathouse, Osseo High School, introduced herself and stated she is part of the Brooklyn Youth Council. Sade Berrouet,Northview Junior High School, introduced herself and stated she is an 8th grader. Andrew Osagiede, Brooklyn Center High School, introduced himself and stated he is in 91h grade. Mayor Willson thanked the youth for attending tonight's meeting. Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt PROCLAMATION Declaring March 23, 2015, as "Youth in Government Day" in the. City of Brooklyn Center, Minnesota. Mayor Willson read in full a Proclamation declaring March 23, 2015, as "Youth in Government Day" in the City of Brooklyn Center. Councilmember Myszkowski read an inspirational article relating to a high expectation of youth written by William Allen White that had been published in the Emporia Kansas Gazette on April 8, 1932. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. ORDINANCE NO. 2015-03 AMENDING CHAPTERS 2, 4, 5, 6, AND 9 OF THE BROOKLYN CENTER CITY CHARTER; SECTIONS 2.05A, 2.05B PARAGRAPH b, 4.06, 5.01, 6.02 SUBDIVISION 3 PARAGRAPHS (b) AND (c), AND 9.04 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance to amend the City Charter so it is consistent with State Statute and to create consistency in administrative procedures. It was noted that first reading was approved at the 03/23/15 -6- February 23, 2015, City Council meeting. Mr. Boganey indicated that passage requires an affirmative vote by all five members of the City Council. Councilmember Ryan moved and Councilmember Graves seconded to open the Public Hearing. Motion passed unanimously. No one wished to speak. Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt ORDINANCE NO. 2015-03 Amending Chapters 2, 4, 5, 6, and 9 of the Brooklyn Center City Charter; Sections 2.05A, 2.05B Paragraph b, 4.06, 5.01, 6.02 Subdivision 3 Paragraphs (b) and (c), and 9.04. Mayor Willson commented on the democratic process of the Charter Commission, noting Charter Commissioners are appointed by the Chief Justice of Hennepin County. He commended the Charter Commission for its work and this recommendation. Councilmember Ryan noted the Charter revisions under consideration were housekeeping in nature. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS 10a. 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. An audience member indicated interest in speaking to Item 10al, 4216 Lakebreeze Avenue. Seeing no one else coming forward, Mayor Willson called for a motion on Agenda Items 1Oa2 and 100. 03/23/15 -7- 10a2. 5842 WASHBURN AVENUE NORTH 10a3. RESOLUTION NO. 2015-59 APPROVING A TYPE IV RENTAL LICENSE FOR 7033 UNITY 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: 5842 Washburn Avenue North; and, RESOLUTION NO. 2015-59 Approving a Type IV Rental License for 7033 Unity Avenue North, 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. 10al. 4216 LAKEBREEZE AVENUE Assistant City Manager/Director of Building and Community Standards Vickie Schleuning advised that 4216 Lakebreeze Avenue was inspected and 16 property code violations (4 per unit) were cited and ultimately corrected. There has been one 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 Myszkowski moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. Brenda Benson, 16385 211th Avenue NW,Elk River,property manager, requested approval. Councilmember Ryan moved and Councilmember Graves seconded to close the hearing. Motion passed unanimously. 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 4216 Lakebreeze Avenue 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. 11. COUNCIL REPORT 03/23/15 -8- Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • March 2, 2015, Read Across America Day Event at.Evergreen Park Elementary School • March 3, 2015, Legislative Town Hall Meeting at Civic Center • March 4, 2015, Brooklyn Center University Opening Session • March 5, 2015, Annual League of Minnesota Cities Day at the Capitol • March 5, 2015, Presentation by Director of Business and Development Gary Eitel at the Brooklyn Center Lions Club • March 9-11, 2015,National League of Cities Congressional Conference • March 14, 2015, Brooklyn Center Lions Club Food Donations for CEAP • March 15,2015, Forum at Brooklyn Center Civic Center on Police/Community Relations • March 19, 2015, Community Meeting at North Hennepin College for Light Rail Extension Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • March 16, 2015, Brooklyn Center Youth Council • March 17, 2015, Earle Brown Days Committee Meeting • March 18, 2015, CEAP Board Meeting Councilmember Myszkowski encouraged all to participate in March Food Share Month and announced opportunities to make a donation. She congratulated the Champlin Park Boys Basketball Team who, after an undefeated season, was defeated by Apple Valley,in the State Championship. She also congratulated the Park Center Girls Basketball Team for being the Class 3A Champions. Councilmember Myszkowski asked for prayers for 10-year-old Barway Collins who is currently missing. Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • March 16, 2015, Brooklyn Center Business Association Meeting • March 17, 2015, Earle Brown Days Committee Meeting • March 17, 2015, Housing Commission Meeting • March 26, 2015, Brooklyn Center Business Association Luncheon at Double Tree Hotel Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • March 10, 2015, Attended the Youth Collaborative Day on the Hill • March 10, 2015, American Indian Drum and Dance Rehearsal • March 11, 2015, Parent Group Meeting at Brooklyn Center High School • March 14-15, 2015, Annual Pow Wow at St. Paul Central High School • March 16, 2015, District Parent Advisory Council for District#286 • March 17, 2015, Park and Recreation Commission Meeting • March 24, 2015, MAC Meeting Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: 03/23/15 -9- • February 26, 2015, Brooklyns Alliance for Youth Meeting held in Brooklyn Park • February 27, 2015, Read at Garden City Elementary School • March 2, 2015, Read to 4th Graders at Evergreen Park Elementary School • March 4, 2015, Brooklyn Center University Opening Session 12. ADJOURNMENT Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:11 p.m. Motion passed unanimously. 03/23/15 -10- 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 23, 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 April 13, 2015, Regular Session. �(J�1AM City Clerk Mayor 03/23/15 -11-