The URL can be used to link to this page

Home My WebLink About2015 04-13 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 APRIL 13, 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 Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Councilmember April Graves 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, Police Chief Kevin Benner, City Attorney Troy Gilchrist and Brittney Berndt, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Stephen Cooper, 6632 West River Road, Brooklyn Center, expressed his concerns regarding the new plan for Highway 252 and pointed out that he felt there was enough space to add more safety features such as a stop light in order to prevent accidents. Steve Schendel, 7242 Willow Lane North, Brooklyn Center, expressed his concerns regarding vehicles traveling over the posted speed limits and how easily accidents happen on Highway 252. He pointed out the two fatal accidents that have taken place over the last year because of speed and the lack of safety features. He suggested a flashing light to warn drivers of the stop light ahead in order to help some of the issues. Allan Olson, 7124 Willow Lane North,Brooklyn Center, concurred with the residents who spoke before him regarding his concerns for safety. Councilmember Myszkowski moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:56 Motion passed unanimously. 2. INVOCATION 04/13/15 -1- Councilmember Lawrence-Anderson requested a moment of silence and personal reflection as the Invocation reflecting on the memory of Barway Collins,as she hoped he has found peace. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:01 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Councilmember April Graves 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, Police Chief Kevin Benner, City Attorney Troy Gilchrist 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 Ryan seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. March 23, 2015 —Study Session 2. March 23, 2015 —Regular Session 6b. LICENSES MECHANICAL Affordable Comfort Mechanical 6510 Highway 36 Boulevard North, Oakdale All Appliance Installation Plus P.O Box 166, Cambridge Assured Heating A/C Ref Inc 13571 Balsam Lane North, Dayton B &D Plumbing, Htg &A/C 4145 MacKenzie Court, St. Michael Blue Ox Heating&Air LLC 5720 International Parkway,New Hope Bonfe's Plumbing Heating &Air 505 Randolph Avenue, St. Paul Center Point Energy 9320 Evergreen Boulevard, Coon Rapids Corporate Mechanical 5114 Hillsboro Avenue North,New Hope Crosstown Mechanical Inc. 3115 Long Lake Road, Roseville Dean's Professional Plumbing Inc. 7400 Kirkwood Court North, Maple Grove Do Pham Inc. 3455 124 ' Circle Northeast, Blaine Fireside Hearth&Home 2700 Fairview Avenue North, Roseville Flare Heating and Air Cond. 9303 Plymouth Avenue N.,Golden Valley 04/13/15 -2- Gannon Heating and Air LLC 346 Cleveland Avenue SW,New Brighton Golden Valley Heating 5182 West Broadway, Crystal Go Fetsch Mechanical LLC 9111 Davenport Street Northeast, Blaine Harris Companies 909 Montreal Circle, St. Paul Home Energy Center 2415 Annapolis Lane North, Plymouth Horwitz Inc 4401 Quebec Avenue North,New Hope Kraft Mechanical LLC 2441 Ventura Drive,Woodbury J-Bred Mechanical 3308 Southway Drive, St. Cloud Major Mechanical Inc 11201 86th Avenue North,Maple Grove McDowall Company P.O Box 606, Waite Park Metro Air, Inc 16980 Welcome Avenue SE, Prior Lake Metropolitan Mechanical Contractors Inc 7450 Flying Cloud Drive, Eden Prairie Minnesota Petroleum Service 682 391hAvenueNortheast Minneapolis Modern Heating & A/C 2318 First Street Northeast, Minneapolis Northern Heating &A/C Inc 9431 Alpine Drive Northwest,Ramsey Pronto Heating & A/C 7588 Washington Avenue S., Eden Prairie Quality Refrigeration 6237 Penn Avenue South, Richfield Ridler Heating& Cooling 3110 Washington Avenue, Minneapolis Dba Uptown Heating Riccar Heating &A/C 2387 Station Parkway Northwest, Andover Ron's Mechanical 2026 Colburn Drive, Shakopee Sabre Plumbing, Heating& A/C 15535 Medina Road, Plymouth St. Cloud Refrigeration 604 Lincoln Avenue Northeast, St. Cloud Dba SCR, Inc Schadegg Mechanical, Inc 225 Bridgepoint Drive, South St. Paul Sedgwick Htg & A/C 1408 Northland Drive,Mendota Heights Solid Refrigeration LLC 1125 American Boulevard E., Bloomington Standard Heating& A/C 130 Plymouth Avenue North, Minneapolis The Fireplace Guys 680 Hale Avenue, Oakdale Wenxel Heating&A/C 4145 Old Sibley Memorial Highway, Eagan Yale Mechanical 220 West 81 St Street, Bloomington RENTAL INITIAL (TYPE III—one year license) 6116 Aldrich Avenue North Passed w/Weather Deferral Marc Silverstein INITIAL (TYPE II—two year license) 4450 58th Avenue North, Basswood Apts Greg Ertz 200655 th Avenue North Mathias Bingaman 5540 Morgan Avenue North Passed w/Weather Deferral James Arkins 5506 Oliver Avenue North John Hennen 5400 Sailor Lane Infinite Property, LLC RENEWAL (TYPE III—one-year license) 04/13/15 -3- 6740 Grimes Place, Victoria Townhomes The Gaughan Properties 6000 Beard Avenue North Passed w/Weather Deferral . Victor Lindblom 6234 Brooklyn Boulevard Thomas Johnson 5419 Humboldt Avenue North Passed w/Weather Deferral Cecilia Pineda 3000 Quarles Road Passed w%Weather Deferral Mary Ann Preble RENEWAL (TYPE H—two-year license) 1706 71St Avenue North Patricia Sandeen 4119 71St Avenue North Nazir Moghul 5825 Colfax Avenue North Brahana Tsegaye 7216 Fremont Avenue North Adrian Jimenez 6307 Scott Avenue North Kin Chew RENEWAL (TYPE I—three-year license) 2802 Northway Drive, Gateway Commons Passed w/Weather Deferral Gary Brummer 201855 th Avenue North Chen Zhou 2801 66th Avenue North Prosperous Property, LLC 1807 701h Avenue North Rebecca Thomley 5207 Boulder Lane Ross Herman 6761 Humboldt Avenue North Li-Chwen Su 6406 Indiana Avenue North William Coleman 7124 Indiana Avenue North Weyu Bekuto 5308 Lilac Drive North Paul Baird 3813 Urban Avenue North Michael Hogenson SIGNHANGER A-Sign& Screen Printing Co 708 Lowry Avenue North, Minneapolis Indigo Signworks, Inc 1622 Main Avenue, Fargo,ND Landmark Architectural Signs 17576 Hemlock Avenue, Lakeview Signcrafters Outdoor 2405 Annapolis Lane North,Plymouth Signart Company 2170 Dodd Road, Mendota Heights Signation Sign Group 6840 Shingle Creek Parkway Topline Advertising 11775 Justen Circle, Maple Grove Walker Sign Holdings 945 Pierce Butler Route, St. Paul 6c. RESOLUTION NO. 2015-60 DESIGNATING 2015 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES 6d. RESOLUTION NO. 2015-61 RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA FOR :THE TWENTY- THIRD CONSECUTIVE YEAR 04/13/15 -4- 6e. RESOLUTION NO. 2015-62 OF SUPPORT FOR THE THREE RIVERS PARK DISTRICT APPLICATION TO THE HENNEPIN COUNTY 2015 BIKEWAY PARTICIPATION PROGRAM FOR THE TWIN LAKES REGIONAL TRAIL 6£ APPROVE MEETING SCHEDULE FOR 2016-2017 BUDGET Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2015-63 EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF OFFICER GARY COLEMAN Mayor Willson read in full a Resolution expressing the recognition and appreciation for the dedicated public service of Officer Gary Coleman. Mayor Willson shared a brief personal story regarding his children's education and how Officer Coleman was involved. City Manager Curt Boganey explained that Officer Gary Coleman was retiring after 26 years but sadly couldn't be here tonight so Police Chief Kevin Benner would receive the resolution on his behalf. Councilmember Ryan expressed his gratefulness for Officer Gary Coleman for his service and shared a personal story about the neighborhood and Officer Coleman. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2015-63 expressing recognition and appreciation for the dedicated public service of Officer Gary Coleman. Motion passed unanimously. 7b. THE BROOKLYN BRIDGE ALLIANCE FOR YOUTH City Manager Curt Boganey introduced Brooklyn Bridge Alliance Executive Director Rebecca Gilgen. Ms. Gilgen shared a brief overview of the Brooklyn Bridge Alliance including its creation story, strategies for the future, and current activities within the community. Ms. Gilgen shared the podium with Ivan who described how the Alliance is using data collected from youth to shape their new initiatives. The creator of the survey, BK a member of the Youth Council, spoke briefly about how the survey was now shaping what the Alliance will be doing in the future. Luis spoke next regarding the unemployment solutions for youth and how community funding will be leveraged in order to put youth internships in place. Councilmember Myszkowski inquired how the Alliance was going to engage with parents of the children to plan new strategies. Ms. Gilgen stated that the Alliance just completed a survey for parents and are in the process of figuring out how to best use that data.The main point of the 04/13/15 -5- survey was to find out where parents get their information from and how the Alliance could then become a trusted source. Councilmember Ryan expressed his appreciation for the detailed reports and overview of the activities that have occurred within the year. He questioned the 200 youth trained and 20 internships and how the Alliance planned to handle next year's goals. Ms. Gilgen confirmed that those were the initial year's goals and within the year of 2016 they were hoping to double those numbers. Councilmember Ryan inquired about the different graduation rates from the area high schools and pointed out that there were a lot of different situations that affect these rates and most of them have to do with the stability of the family units.Ms. Gilgen concurred. Councilmember Myszkowski stated she appreciated the program that is in place"Get Ready"but was wondering why four-year schools were not listed within the Post Secondary section. Ms. Gilgen explained that a lot of four-year schools help students get in but then leave them so those same students have a hard time remaining at those schools and often end up coming home. Mayor Willson shared a personal story regarding his past employment before high school graduation and how gratifying it is to be a part of a program that gives the youth such opportunities. 7c. RESOLUTION NO. 2015-64 EXPRESSING APPRECIATION FOR THE DONATION OF THE MINNEAPOLIS NORTHWEST CONVENTION AND VISITORS BUREAU IN SUPPORT OF THE 2015 EARLE BROWN DAYS CELEBRATION Mayor Willson read in full a Resolution expressing appreciation for the donation of the Minneapolis Northwest Convention and Visitors Bureau in Support of the 2015 Earle Brown Days Celebration. Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2015-64 Expressing Appreciation for the Donation of the Minneapolis Northwest Convention and Visitors Bureau in Support of the 2015 Earle Brown Days Celebration. Motion passed unanimously. 7d. RESOLUTION NO. 2015-65 EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER AMERICAN LEGION POST 630 IN SUPPORT OF THE 2015 EARLE BROWN DAYS CELEBRATION 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 Earle Brown Days Celebration. 04/13/15 -6- Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2015-65 Expressing Appreciation for the Donation of the Brooklyn Center American Legion Post 630 in Support of the 2015 Earle Brown Days Celebration. Motion passed unanimously. 7e. PROCLAMATION DECLARING APRIL 24, 2015, AS ARBOR DAY AND MAY 2015 AS ARBOR MONTH IN BROOKLYN CENTER City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed proclamation. Mayor Willson read in full a Proclamation Declaring April 24, 2015, as Arbor Day and May 2015 as Arbor Month in Brooklyn Center. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt PROCLAMATION Declaring April 24, 2015, as Arbor Day and May 2015 as Arbor Month in Brooklyn Center. Motion passed unanimously. 7f. PROCLAMATION DECLARING APRIL 18-24, 2015, AS THE GREAT SHINGLE CREEK WATERSHED CLEANUP WEEK Public Works Director/City Engineer Steve Lillehaug introduced the item, discussed the history, and stated the purpose of the proposed proclamation. Mayor Willson read in full a Proclamation Declaring April 18-24, 2015, as the Great Shingle Creek Watershed Cleanup Week. Councilmember Ryan stated that he appreciates the efforts of the volunteers in this event and is looking forward to seeing everyone out this year. Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt PROCLAMATION Declaring April 18-24, 2015, as the Great Shingle Creek Watershed Cleanup Week. Motion passed unanimously. 7g. PROCLAMATION DECLARING APRIL 22, 2015, AS EARTH DAY IN BROOKLYN CENTER Mr. Lillehaug introduced the item, discussed the history, and stated the purpose of the proposed proclamation. 04/13/15 -7- Mayor Willson read in full a Proclamation Declaring April 22, 2015, as Earth Day in Brooklyn Center. Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to adopt PROCLAMATION Declaring 22, 2015, as Earth Day in Brooklyn Center. Motion passed unanimously. Mayor Willson asked Mr. Lillehaug to remain standing so he could publically recognize him for his wonderful service and described a recent meeting in which Mr. Lillehaug remained professional in adverse conditions. 8. PUBLIC HEARINGS 8a. RESOLUTION NO. 2015-66 AMENDING LEVY NO. 19058 AND CERTIFYING THE AMENDED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 2015-01, FREEWAY PARK AREA STREET IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS Mr. Lillehaug introduced the item, discussed the history, and stated the purpose of the Public Hearing and proposed resolution. He explained that two public hearings were held and the Council has already adopted the resolutions,but that there was an objection to the assessment for one property in particular. The objection arose because the property is a church and it was claimed that it was the second assessment in recent history. He explained that the assessment is for a different road and would benefit the property, so the City recommended that the assessment be assessed as proposed. He stated that if the property owners still object then a motion would need to be filed in district court. Councilmember Ryan moved and Councilmember Myszkowski seconded to re-open the Public Hearing. Motion passed unanimously. Kiril Totev, Spiritual Life Church, explained that the church was funded on charitable contributions and has a non-profit status. He cited Minnesota Court Case 19HA-CV-11-5754 on why the church felt that the City should accept a lower offer to cover the assessment in full. Mr. Boganey inquired the Church's perspective on how the City would distinguish the church's circumstances against others who might come and ask for the same deal. Mr. Totev explained the difference was that commercial properties are assessed differently than residential properties and other commercial properties are those for profit rather than non-profit. He added that he felt that the church provided the residents other benefits that other commercial or residents couldn't offer. Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to close the Public Hearing. 04/13/15 -8- Motion passed unanimously. Councilmember Ryan asked City Attorney Troy Gilchrist if churches are exempted from paying property taxes. Mr. Gilchrist confirmed that churches do not pay property taxes because they are exempt under Minnesota Statutes. Councilmember Ryan stated his concerns about accepting this lower assessment and how this might affect how the City handles other objections. Mayor Willson inquired about the zoning of the church. Mr. Boganey stated that he would need to research and get that information to the Council at a later date. Mr. Gilchrist pointed out that the Council does have powers to accept a lower offer but warned against doing that in the fear it would create a never-ending cycle of objections and negotiations. Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2015-66 Amending Levy No. 19058 and Certifying the Amended Special Assessments for Improvement Project No. 2015-01, Freeway Park Area Street Improvements to the Hennepin County Tax Rolls. Motion passed unanimously. 8b. ORDINANCE NO. 2015-04 RELATING TO A PERMIT FOR LAND DISTURBING ACTIVITIES, AMENDING CITY CODE SECTION 35-235 AND REMOVING CITY CODE SECTION 35-2230 Mr. Lillehaug introduced the item, discussed the history, and stated the purpose of the proposed ordinance. He explained that the City needed to renew its permits, which includes a step of creating anannual report. The MPCA has accepted the permit application and annual report but now the City needs to put the changes in to effect. The MPCA only allows the City a certain timeframe in order to complete these changes and the deadline is fast approaching. The City has been following the new guidelines for some time but needs to formally adopt them into the City Code. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Public Hearing. Motion passed unanimously. s 04/13/15 -9- Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt ORDINANCE NO. 2015-04 Relating to a Permit for Land Disturbing Activities; Amending City Cody Section 35-235 and Removing City Code Section 35-2230. 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. Seeing no one coming forward, Mayor Willson called for a motion on Agenda Items 10a1 through 100. 10a1. 6220 FRANCE AVENUE NORTH,EWING SQUARE 10a2. 4213 63RD AVENUE NORTH 100. 5607 LYNDALE AVENUE NORTH 10a4. 6324 SCOTT AVENUE NORTH 10a5. RESOLUTION NO. 2015-67 APPROVING A TYPE IV RENTAL LICENSE FOR 3901 BURQUEST LANE 10a6. RESOLUTION NO. 2015-68 APPROVING A TYPE IV RENTAL LICENSE FOR 5001 EWING AVENUE NORTH 10a7. RESOLUTION NO. 2015-69 APPROVING A TYPE IV RENTAL LICENSE FOR 7169 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: 6220 France Avenue North, Ewing Square; 4213 63`d Avenue North; 5607 Lyndale Avenue North; 6324 Scott Avenue North; and to adopt RESOLUTION NO. 2015-67 Approving a Type IV Rental License for 3901 Burquest Lane; RESOLUTION NO. 2015-68 Approving a Type IV Rental License for 5001 Ewing Avenue North; and RESOLUTION NO. 2015-69 Approving a Type IV Rental License for 7169 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. 11. COUNCIL REPORT 04/13/15 -10- Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • April 2, 2015: Attended the Public Works Open House • April 7,2015: Attended the ground breaking at the Centennial Civic Amphitheater • April 8, 2015: Attended the Joint Commissions Meeting • April 10,2015: Attended the Brooklyn Center Fire Fighter Relief Dinner • April 11, 2015: Attended the Brooklyn Center Lions 60th Anniversary Dinner • April 12,2015: Attended the Brooklyn Center Fire Fighter Pancake Breakfast • April 25, 2015: Will be attending the Watershed Cleanup at 9 a.m. Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • March 28, 2015: Attended CEAP's event at Brooklyn Center Cub Foods • April 7, 2015: Attended the ground breaking at the Centennial Civic Amphitheater • April 8, 2015: Attended the Joint Commissions Meeting • April 10, 2015: Attended the Brooklyn Center Fire Fighter Relief Dinner Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • March 24, 2015: Attended the Brooklyn Center High School Choir Concert • April 6, 2015: Attended the Brooklyn Center Business Association Executive Board Meeting • April 7, 2015: Attended the ground breaking at the Centennial Civic Amphitheater • April 8, 2015: Attended the Joint Commissions Meeting • April 10, 2015: Attended the Brooklyn Center Fire Fighter Relief Dinner • April 11, 2015: Attended the Brooklyn Center Lions 6e Anniversary Dinner Councilmember Lawrence-Anderson stated she will not be attending April 21, 2015, Housing Commission meeting but rather will be attending the Police Award Ceremony Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • April 2, 2015: Attended the Public Works Open House • April 7, 2015: Attended the ground breaking at the Centennial Civic Amphitheater • April 10, 2015: Attended the Brooklyn Center Fire Fighter Relief Dinner • April 11, 2015: Attended the Brooklyn Center Lions 60th Anniversary Dinner • April 12, 2015: Attended the Brooklyn Center Fire Fighter Pancake Breakfast Mayor Willson brought attention to the April 20, 2015 Board of Appeal and Equalization meeting at City Hall and also the upcoming Brooklyn Center University held April 22, 2015. 04/13/15 -11- 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Myszkowski seconded adjournment of the City Council meeting at 8:40 p.m. Motion passed unanimously. 04/13/15 -12- 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 i true and complete transcript of the minutes of a s a full , p P Regular Session of the City Council of the City of Brooklyn Center held on April 13, 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 27, 2015, Regular Session. City Clerk Mayor 04/13/15 -13-