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Home My WebLink About2015 05-26 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 MAY 26, 2015 CITY HALL—COUNCIL 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, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, 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. Jim Waters, 5332 Morgan Avenue N., reviewed the process he followed to obtain a Type III Rental License and asked if there is a way to obtain a higher rental license as he feels the violations listed were not severe. Mayor Willson stated there is that ability the next time this license is considered. City Manager Curt Boganey explained the current City Ordinance does not provide an option for having a license type modified by the City Council or staff. Mr. Waters stated he understands the concerns with rental problems and will be in touch with Assistant City Manager/Director of Building and Community Standards Vickie Schleuning. Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to close the Informal Open Forum at 6:51 p.m. Motion passed unanimously. 2. INVOCATION 05/26/15 -1- As the invocation, Councilmember Ryan read a quote from the great abolitionist Fredrick Douglass. 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. 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, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning, Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, 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 Ryan seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES i. May 4, 2015 —Board of Appeal and Equalization Reconvene 2. May 11, 2015 —Study Session 3. May 11, 2015 Regular Session 6b. LICENSES MECHANICAL Heating and Cooling Design,Inc. 10830 Able Street NE, Blaine Royalton Heating and Cooling 4120 85th Avenue N,Brooklyn Park RENTAL INITIAL (TYPE II—two year license) 4906 Howe Lane Chen Zhou 5338 Humboldt Avenue N. Kevin Landwehr 6437 June Avenue N. Brian Nguyen 6124 Lee Avenue N. Jennifer Kuria RENEWAL (TYPE III—one year license) 6100 Summit Drive—Earle Brown Terrace 05/26/15 -2- Passed w/Weather Deferral Rod Olsen 6031 Colfax Avenue N. Steven Sapourn 7136 Fremont Avenue N. Phyllis Weisberg Missing CPTED and ARM 6349 Halifax Drive Charles Bright 5713 Humboldt Avenue N. Janice Biorn Missing Action Plan 5412 Penn Avenue N. Anthony Martin 7030 Regent Avenue N. Douglas Wahl Passed w/Weather Deferral Missing ARM and CPTED 6605 Xerxes Place N. Ryan Bernard RENEWAL (TYPE H-two-year license) 4100 61s'Avenue N. Emmanuel Coker 4507 66th Avenue N. Cathy Steinke 5639 Humboldt Avenue N. Matthew Resong 5801 Irving Avenue N. Invitation Homes 6424 Lee Avenue N. Yang Vang RENEWAL (TYPE I—three-year license) 3715 69th Avenue N. Christian Knutson 3223 49th Avenue N. Hamid Safdari 7200 Dallas Road Brian Natzel 2812 O'Henry Road Mains'l Properties 6c. RESOLUTION NO. 2015-85 ESTABLISHING IMPROVEMENT PROJECT NOS. 2016-01, 02, 03, AND 04, PALMER LAKE WEST AREA STREET AND UTILITY IMPROVEMENTS 6d. RESOLUTION NO. 2015-86 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 2014-11, 2014 CAPITAL MAINTENANCE BUILDING PROJECT 6e. RESOLUTION NO. 2015-87 CALLING FOR A PUBLIC HEARING ON THE ISSUANCE OF CONDUIT CHARTER SCHOOL LEASE REVENUE BONDS AND AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING (NEW MILLENNIUM ACADEMY PROJECT) Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS -None. 8. PUBLIC HEARINGS 05/26/15 -3- -None. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2015-002, SUBMITTED BY OSSEO AREA SCHOOLS ISD NO. 279 FOR SITE PLAN APPROVAL OF A RE- DESIGNED PARKING LOT WITH BUS DROP-OFF AREA AND STAFF-ONLY PARKING AREA FOR THE WILLOW LANE EARLY CHILDHOOD EDUCATION CENTER, LOCATED AT 7020 PERRY AVENUE NORTH Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2015-002 and advised the Planning Commission recommended approval of the application at its May 14, 2015 meeting. Mr. Benetti answered questions of the City Council regarding the request for Site Plan approval and staff-only parking area for the Willow Lane Early Childhood Education Center located at 7020 Perry Avenue North. Councilmember Ryan stated concern was expressed at the Planning Commission meeting about parking on Perry Avenue and staff had indicated one of the objectives was to provide an off- street parking option. Mr. Benetti responded affirmatively and said the school representative had indicated at the Planning Commission meeting that some of those parking on Perry Avenue work at the school, as it is a location close to the entry door. He stated the school has indicated it intends to address a parking plan and on-site parking management with its employees to address that issue. Mr. Benetti stated staff will continue to monitor that situation and address it with the school should it become an issue. Councilmember Graves asked about the number of parking spaces and projected growth. Mr. Benetti stated under this plan, 73 parking spaces will be created and they still have use of the parking ramp next door. Staff finds that adequate parking is being provided. 1. RESOLUTION NO. 2015-88 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-002, SUBMITTED BY OSSEO AREA SCHOOLS ISD NO. 279 FOR SITE PLAN APPROVAL OF A RE-DESIGNED PARKING LOT AND NEW STAFF PARKING LOT FOR WILLOW LANE EARLY CHILDHOOD EDUCATION CENTER, LOCATED AT 7020 PERRY AVENUE NORTH Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt Resolution No. 2015-88 Regarding the Disposition of Planning Commission Application No. 2015-002, submitted by Osseo Area Schools ISD No. 279 for Site Plan Approval of a Re-Designed Parking Lot and New Staff Parking Lot for Willow Lane Early Childhood Education Center, located at 7020 Perry Avenue North. Motion passed unanimously. 05/26/15 -4- 10. COUNCIL CONSIDERATION ITEMS 10a. MAYORAL APPOINTMENT OF MEMBERS TO SERVE ON PLANNING COMMISSION Mayor Willson recommended the ratification of Mayoral appointment of Alejandro Koenig and John MacMillan to the Planning Commission. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to ratify the Mayoral Appointment of Alejandro Koenig, 3601 Admiral Lane, and John MacMillan, 6417 Colfax Avenue North, to the Planning Commission with terms to expire December 31, 2015, and December 31, 2016, respectively. Motion passed unanimously. 10b. MAYORAL APPOINTMENT OF MEMBER TO SERVE ON NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION Mayor Willson recommended, the ratification of Mayoral appointment of Patti Koenig to the Northwest Hennepin Human Services Council Advisory Commission. Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to ratify the Mayoral Appointment of Patti Koenig, 3601 Admiral Lane, to the Northwest Hennepin Human Services Council Advisory Commission with a term to expire December 31, 2016. Patti Koenig, 3601 Admiral Lane, introduced herself, described her professional background in human services, and stated she looks forward to serving in this capacity. 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 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 Oc l through l Oc6. 10cl. 5025 DREW AVENUE NORTH 10c2. RESOLUTION NO. 2015-89 APPROVING A TYPE IV RENTAL LICENSE FOR 3818 61sT AVENUE NORTH 106. RESOLUTION NO. 2015-90 APPROVING A TYPE IV RENTAL LICENSE FOR 160167TH LANE NORTH 05/26/15 -5- 10c4. RESOLUTION NO. 2015-91 APPROVING A TYPE IV RENTAL LICENSE FOR 5444 DUPONT AVENUE NORTH 106. RESOLUTION NO. 2015-92 APPROVING A TYPE IV RENTAL LICENSE FOR 5508 FREMONT AVENUE NORTH 106. RESOLUTION NO. 2015-93 APPROVING A TYPE IV RENTAL LICENSE FOR 5540 KNOX AVENUE NORTH Councilmember Myszkowski moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 5025 Drew Avenue North; adopt Resolution No. 2015-89 Approving a Type IV Rental License for 3818 61St Avenue North; adopt Resolution No. 2015-90 Approving a Type IV Rental License for 1601 67th Lane North; adopt Resolution No. 2015-91 Approving a Type IV Rental License for 5444 Dupont Avenue North; adopt Resolution No. 2015-92 Approving a Type IV Rental License for 5508 Fremont Avenue North; and adopt Resolution No. 2015-93 Approving a Type IV Rental License for 5540 Knox 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. 10d. AN ORDINANCE AUTHORIZING THE ACQUISITION OF TAX FORFEITED PROPERTY AND EXECUTION OF A QUIT CLAIM DEED TO DISPOSE OF THE PROPERTY AND ADOPT RESOLUTION NO. 2015-94 APPROVING PURCHASE AND CONVEYANCE OF PARCEL #01-118-21-34-0070 (3112 67TH AVENUE NORTH) Assistant City Manager/Director of Building and Community Standards Vickie Schleuning introduced the item, discussed the background information, process, and stated the purposes of the proposed ordinance to acquire tax forfeited property at 3112 67th Avenue N., the resolution to approve a Purchase Agreement, directing staff to acquire the property, and to schedule second reading and public hearing for June 22, 2015. It was noted that following review, staff determined this property would qualify for rehabilitation under the City's Neighborhood Stabilization Program, which is federally funded. Councilmember Lawrence-Anderson asked about the average profit minus expenses. Ms. Schleuning explained the City cannot make a profit on the sale of these homes. Mayor Willson asked how mold mitigation is addressed. Ms. Schleuning stated that type of work is typically bid to a contractor and mold mitigation guidelines are followed. In addition, the bid includes the testing for lead and other hazardous materials. Councilmember Myszkowski asked if bathrooms have been added with Neighborhood Stabilization Program properties. Ms. Schleuning answered in the affirmative, where possible. 05/26/15 -6- Councilmember Graves asked about the time elapsed from the purchase to sale. Ms. Schleuning stated it depends on the condition of the property and the contractor, but it generally takes six months to a year. Councilmember Graves asked if the construction project in this area will result in a conflict. Mayor Willson stated there should not be an issue as access has to be maintained. Ms. Schleuning agreed and stated a new street will improve the City's ability to sell the property. Councilmember Ryan stated the Neighborhood Stabilization Program encourages private investment in the neighborhoods. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve First Reading of an Ordinance Authorizing the Acquisition of Tax Forfeited Property and Execution of a Quit Claim Deed to Dispose of the Property and adopt Resolution No. 2015-94 Approving Purchase and Conveyance of Parcel #01-118-21-34-0070 (3112 67th Avenue North), and Set Second Reading and Public Hearing for June 22,2015. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • May 13, 2015: 63`d Avenue Utility Replacement Preconstruction Meeting • May 17, 2015: Grand Opening of Michael's Craft Store • May 21,2015: West Palmer Lake Park Neighborhood Meeting • May 23, 2015: Sold food for the Lions Fundraiser • May 28, 2015: Criminal Justice Forum Councilmember Ryan announced that Police Chief Benner had received the Hennepin County Sheriff Distinguished Service Award at a May 12, 2015, ceremony where Officer Salvosa was also recognized for apprehending a criminal. Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • May 13,2015: 63`d Avenue Utility Replacement Preconstruction Meeting • May 17,2015: Grand Opening of Michael's Craft Store • May 19,2015: Earle Brown Days Meeting • May 20, 2015: CEAP Board Meeting • May 21, 2015: West Palmer Lake Park Neighborhood Meeting • May 26, 2015: Meeting with Congressman Keith Ellison, CEAP Board Chair, and CEAP President Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: 05/26/15 -7- • Attended many meetings as a Board Member of Odyssey School, as it is seeking an Executive Director • May 24, 2015: Police Ride Along • May 13, 2015: 63rd Avenue Utility Replacement Preconstruction Meeting • May 14, 2015: Brooklyn Center High School Choir Concert • May 15,2015: Odyssey School Play • May 19, 2015: Earle Brown Days Committee Meeting • May 19, 2015: Housing Commission Meeting • May 21, 2015: Odyssey Academy Meeting to review Executive Director Applications • May 26, 2015: Odyssey Academy Meeting to conduct Executive Director Interviews Councilmember Lawrence-Anderson announced the May 28, 2015, Business Association Luncheon and the June 4, 2015, Brooklyn Center High School Graduation and All Night Party. Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • May 13, 2015: 63rd Avenue Utility Replacement Preconstruction Meeting • May 15,2015: Youth Coordinator Outreach Team Meeting • May 18, 2015: Brooklyn Center Community District Advisory Council Meeting • May 19, 2015: Save the Kids Event • May 21,2015: West Palmer Lake Park Neighborhood Meeting Councilmember Graves stated she will be leaving tonight for five days to act as a faculty resident mentor at a women's leadership retreat. Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • May 17, 2015: Grand Opening of Michael's Craft Store • May 20, 2015: Northwest Hennepin Volunteer Awards Ceremony and Luncheon • May 21,2015: West Palmer Lake Neighborhood Meeting • May 22, 2015: Meeting with Mr. Boganey, Department Heads, and leadership group sponsored by the Chamber of Commerce • May 28,2015: Dangerous Dog Hearing • June 1, 2015: Meeting with the City's Financial Auditors Mayor Willson stated he will be out of town on June 18, 2015, for the Riverwood Neighborhood Meeting and out of town on June 22, 2015, for the Regular Council meetings. Mayor Willson announced that Earle Brown Days is coming up the week of June 25h. City Attorney LeFevere reported on his transition towards retirement and invited all to attend his June 18,2015, 5-8 p.m. retirement party. He stated it has been his privilege to serve as the City's Attorney. Mayor Willson extended his best wishes to Mr. LeFevere and thanked him for his exceptional service to Brooklyn Center, noting he will be out of town on June 18, 2015. 12. ADJOURNMENT 05/26/15 -8- Councilmember Ryan moved and Councilmember Graves seconded adjournment of the City Council meeting at 7:53 p.m. Motion passed unanimously. 05/26/15 -9- 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 May 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 June 8, 2015, Regular Session. City Clerk Mayor 05/26/15 -10-