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Home My WebLink About2015 07-13 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 JULY 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 April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Nate Reinhardt, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Police Chief Kevin Benner, City Attorney Troy Gilchrist, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Jerry Evans, 5049 Brooklyn Boulevard, a 50-year resident of Brooklyn Center, explained that while he has nothing against New Millennium Academy, he is concerned about the increased traffic and potential for more accidents. To address his concern with pedestrians crossing the street, he proposed a traffic signal at 52 Avenue N. and Brooklyn Boulevard and getting rid of the cloverleaf on the other side. Mr. Evans described various routes for school-related traffic and stated he would like the street between Brooklyn Boulevard and Xerxes Avenue converted to a one-way. He noted several people who attended a previous meeting are willing to sign a petition to address traffic issues on Brooklyn Boulevard and offered to draw up his proposal for the Council. Mayor Willson asked Mr. Evans to submit a written proposal. Melinda Crowley, 4506 Bass Lake Road, Apt 105, Executive Director of Odyssey Charter School, introduced herself and invited Councilmembers to tour the school and attend an Open House this spring. Councilmember Ryan moved and Councilmember Graves seconded to close the Informal Open Forum at 6:58 p.m. Motion passed unanimously. 07/13/15 -1- Councilmember Graves suggested extending invitations to the schools and residents for the City's Shingle Creek Clean Up Day. 2. INVOCATION Councilmember Graves shared a Cherokee legend entitled The Two Wolves. Mayor Willson commented on an excellent Facebook article that Councilmember Graves had forwarded to him dealing with diversity. He asked that it be distributed to Councilmembers. 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, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Police Chief Kevin Benner, City Attorney Troy Gilchrist, and Denise Bosch, 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, as amended, with an amendment to item 7a, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. June 22, 2015 —Study/Work Session 2. June 22, 2015 —Regular Session 6b. LICENSES AMUSEMENT DEVICE Dandy Amusements International, Inc. 4109 Guardian Street, Simi Valley, CA Mendota Valley Amusement, Inc. 390 Richmond Street E, South St. Paul GARBAGE HAULER 07/13/15 -2- Ace Solid Waste, Inc. 6601 McKinley Street NW, Ramsey Aspen Waste Systems, Inc. 2951 Weeks Avenue SE, Minneapolis Budget Waste Systems, Inc. 3516 East Lake Street, Minneapolis Dick's Sanitation Service, Inc. 8984215 th Street West, Lakeville Farmers Union Industries dba Midwest Grease P.O. Box 26, Redwood Falls LePage & Sons, Inc. 23602 University Avenue NW, Bethel Randy's Sanitation, Inc. P.O. Box 169, Delano T& L Sanitation Service P.O. Box 49695, Blaine Walter's Recycling and Refuse P.O. Box 67 Circle Pines Y g MECHANICAL Aeshliman Plumbing, Inc. 307 Jackson Avenue, Elk River All American Heating &Air 6824 Perry Avenue, Brooklyn Center Anderson's Residential Htg &A/C 1628 County Hwy 10, Spring Lake Park Arrow Heating and Air LLC 7152 d Avenue SW, Pine City Binder Heating &A/C 222 Hardman Ave.No., South St. Paul Boiler Services, Inca 10327 Flanders Street NE, Blaine Chesney Mechanical Group 4118 Shoreline Drive, Robbinsdale Commercial Plumbing &Htg. 24428 Greenway Avenue, Forest Lake Grant Heating and Air, LLC 19700 Embers Avenue, Farmington High Road Heating & Cooling 6650 Winfield Circle No., Rockford Joel Smith Heating &Air Conditioning 13915 Lincoln Street NE, Ham Lake MWJ Heating & Cooling 1110 Hwy. 55 #104, Hastings Master Mechanical 1027 Gemini Road, Eagan Marsh Heating & A/C 6248 Lakeland Avenue N., Brooklyn Park Ray Welter Heating Co. 4637 Chicago hica o Ave. So., Minneapolisolis Wilson HVAC Company 15284117th Street, Becker RENTAL INITIAL (TYPE II—two year license) 2840 67th Lane N Ryan Berner 6412 Humboldt Avenue N Tou Yang 5301 Logan Avenue N Marc Silverstein RENEWAL (TYPE III—one-year license) 1701 69th Avenue N Steven Scott Management Earle Brown Farm Apts No CPTED follow up 7206-12 West River Road Jason Ingbretson 1330 67th Lane N Mark Sibilev Missing 2 ARM Meetings and CPTED 5834 Camden Avenue N RHA 3, LLC Missing CPTED 5448 Camden Avenue N Blake Lehane 4207 Lakeside Avenue #320 Heinz Pollinger Missing CPTED and ARM meetings 5720 Logan Avenue N Jeniffer Kuria 07/13/15 -3- Missing CPTED 3801 Woodbine Lane Tom Prasky RENEWAL (TYPE II—two-year license) 120067 1h Avenue N Tom Morrow Emerson Chalet 4214 Lakeside Avenue James and Gloria Shoultz 531362"d Avenue N Doua Yang 421363 d Avenue N Bryan Friendshuh 291865 1h Avenue N Hong Yang 5024 71St Avenue N Dallas Worth 5311 Emerson Avenue N Kin Chew 5000 Howe Lane Kristen and Mark Blincoe 4207 Lakeside Avenue #123 Donna Kabanuk 4207 Lakeside Avenue #138 Mark Jacobs 4207 Lakeside Avenue#140 Joseph Drechsler 4718 Twin Lake Avenue Richard and Elizabeth Becht RENEWAL (TYPE I—three-year license) 7230 West River Road Nedim and Adisa Frlj 5200 France Avenue N Christian Knutson 546472 nd Circle Katherine Banaszak 5319 Northport Drive Mindy Brummer 7024 Oliver Circle Juliana Koe SIGNHANGER Veo Sign, LLC 6353 Martin Avenue NE, Otsego 6c. RESOLUTION NO. 2015-106 APPROVING A TRANSFER OF FUNDS FROM THE GENERAL FUND AND THE MUNICIPAL LIQUOR STORE FUND TO THE CAPITAL IMPROVEMENTS FUND 6d. RESOLUTION NO. 2015-107 APPROVING TRANSFER OF FUNDS FROM EARLE BROWN HERITAGE CENTER OPERATING FUND TO EARLE BROWN HERITAGE CENTER CAPITAL FUND 6e. MOTION TO APPROVE PROPOSAL FOR BANKING SERVICES 6f. RESOLUTION NO. 2015-108 DECLARING A PUBLIC NUISANCE AND ORDERING REMOVAL OF DISEASED TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA 6g. RESOLUTION NO. 2015-109 AUTHORIZING PROPOSED USE OF AUTO THEFT PREVENTION GRANT 07/13/15 -4- 6h. RESOLUTION NO. 2015-110 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2014-11, 2014 CAPITAL BUILDING MAINTENANCE PROJECT Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2015-111 EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF SERGEANT FRANK ROTH Mayor Willson read in full a Resolution expressing recognition and appreciation for Sergeant Roth and his dedicated public service as a Crisis/Hostage Negotiator, an Explorer Advisor, and role model. Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2015-111 Expressing Recognition and Appreciation for the Dedicated Public Service of Sergeant Frank Roth. Mayor Willson asked Police Chief Kevin Benner to convey the Council's sincere appreciation to Sergeant Roth for his service. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. ORDINANCE NO. 2015-08 AUTHORIZING THE ACQUISITION OF TAX FORFEITED PROPERTY LOCATED AT 3112 67TH AVENUE NORTH AND EXECUTION OF A QUIT CLAIM DEED TO DISPOSE OF THE PROPERTY Assistant City Manager/Director of Building and Community Standards Vickie Schleuning introduced the item, discussed the history, reviewed the ordinance process, provided information about the property, and stated the purpose of the proposed ordinance amendment. It was noted this Ordinance was first read on May 26, 2015; published in the official newspaper on June 4, 2015; was offered for second reading and Public Hearing on June 22, 2015; was amended and re- published in the official newspaper on July 2, 2015; and is offered this evening for Public Hearing. The City Council discussed the purchase agreement and the transfer process. Councilmember Ryan moved and Councilmember Myszkowski seconded to open the Public Hearing. Motion passed unanimously. 07/13/15 -5- No one appeared to speak. Councilmember Ryan moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. Councilmember Myszkowksi moved and Councilmember Graves seconded to adopt ORDINANCE NO. 2015-08 Authorizing the Acquisition of Tax Forfeited Property and Execution of a Quit Claim Deed to Dispose of the Property. Councilmember Ryan stated that he supports this program. He stated Staff informed him that the improvements are beyond what a private developer would provide and the properties have to be owner occupied. He noted there is an incentive in the neighborhood for private investment and this is a great program with reasonable cost to the City. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2015-005, SUBMITTED BY LUTHER COMPANY, LLLP FOR APPROVAL OF A SITE PLAN AMENDMENT TO THE LUTHER BROOKDALE VOLKSWAGEN SITE, BY ALLOWING THE INTEGRATION OF THE ADJACENT COMMERCIAL SITE AND EXPANSION OF NEW VEHICLE DISPLAY AREA, LOCATED AT 6849 BROOKLYN BOULEVARD 1. RESOLUTION NO. 2015-112 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2015-005, SUBMITTED BY LUTHER COMPANY, LLLP FOR APPROVAL OF A SITE PLAN AMENDMENT TO THE LUTHER BROOKDALE VOLKSWAGEN SITE, BY ALLOWING THE INTEGRATION OF THE ADJACENT COMMERCIAL SITE AND EXPANSION OF NEW VEHICLE DISPLAY AREA (6849 BROOKLYN BOULEVARD) Planning and Zoning Specialist Tim Benetti provided an overview of Resolution No. 2015-112 and advised the Planning Commission recommended approval of the resolution at its June 25, 2015 meeting. Councilmember Graves left the Council Chambers at 7:25 p.m. Mayor Willson asked if the underground water storage could be a source of water for landscaping. Sean Murphy, Landform Professional Services, on behalf of Luther Company, thanked the Mayor and City Council for allowing them to present the project. He stated the idea of using that 07/13/15 -6- underground storage for water reuse is feasible but the site would need to be regraded and since it is underground, a pump system would have to be installed. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2015-112 Regarding the Disposition of Planning Commission Application No. 2015-005, Submitted by Luther Company, LLLP for Approval of a Site Plan Amendment to the Luther Brookdale Volkswagen Site, by Allowing the Integration of the Adjacent Commercial Site and Expansion of New Vehicle Display Area(6849 Brooklyn Boulevard). Motion passed unanimously 4-0. Councilmember Graves returned to the Council Chambers at 7:29 p.m. 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 10a4. 10a1. 370169"AVENUE NORTH 10a2. 5740 IRVING AVENUE NORTH 100. 6901 QUAIL AVENUE NORTH 10a4. RESOLUTION NO. 2015-113 APPROVING A TYPE IV RENTAL LICENSE FOR 4407 66TH AVENUE NORTH Councilmember Myszkowksi moved and Councilmember Graves seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 3701 69th Avenue North; 5740 Irving Avenue North; 6901 Quail Avenue North; and, adopt RESOLUTION NO. 2015-113 Approving a Type IV Rental License for 4407 66th 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. 10b. AN ORDINANCE CONTINUING THE NATURAL GAS FRANCHISE FEES ON THE OPERATIONS OF CENTERPOINT ENERGY RESOURCES CORP IN THE CITY OF BROOKLYN CENTER 07/13/15 -7- Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance. He stated a new franchise agreement will come back to the City Council before the year-end. Councilmember Ryan moved and Councilmember Myszkowski seconded to approve first reading of an Ordinance Continuing the Natural Gas Franchise Fees on the Operations of CenterPoint Energy Resources Corp in the City of Brooklyn Center and set second reading and Public Hearing for August 10, 2015. Motion passed unanimously. 10c. AN ORDINANCE AUTHORIZING THE CONVEYANCE OF PROPERTY AND THE LAND EXCHANGE AGREEMENT (3401 53RD AVE N) Ms. Schleuning introduced the item, the process and property information and map, discussed the history, and stated the purpose of the proposed ordinance. Councilmember Graves asked if it will be a sidewalk or trail. Ms. Schleuning replied that it will be a designated trail. Mr. Boganey stated eventually this trail will cross Brooklyn Boulevard and go behind the Sears building. Councilmember Ryan stated that the objective is to integrate City trails with the Three Rivers Park District trail. Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to approve first reading of an Ordinance Authorizing the Conveyance of Property and the Land Exchange Agreement(3401 53`d Avenue N) and set second reading and Public Hearing for July 27, 2015. Motionassed unanimously. P Y 11. COUNCIL REPORT Mayor Willson referenced a letter he received asking for public records that was addressed to the City of Brooklyn Park. City Attorney Troy Gilchrist stated his opinion that the City is obligated to respond to the request because it is being directed to the City of Brooklyn Center. Mayor Willson asked if the documentation could be corrected and re-sent. He also asked that the spelling of his last name be corrected. Mr. Gilchrist stated he will ask that the request be re-sent, and make it clear that it wouldn't delay the City's response. Mayor Willson asked Mr. Boganey to provide City Councilmembers with the corrected request. Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • June 23, 2015: Proposed Twin Lake Expansion Meeting • June 23, 2015: MAC Meeting 07/13/15 -8- • June 18, 2015: Riverwood Park Neighborhood Meeting • June 25, 2015: Earle Brown Days Parade • June 27, 2015: Met with Kenyan and Nigerian Community Members • July 6, 2015: Work Session with Financial Commission • July 13, 2015: Metro Transit Committee • July 15, 2015: Bellevue Park Neighborhood Meeting Councilmember Ryan also stated that his thoughts and prayers go to Mike Nelson, 46A Representative, and his family. Mr. Nelson is currently in ICU at North Memorial. n Councilmember MY p szkowski reported on her attendance at the following and Provided information on the following upcoming events: • June 23, 2015: Twin Lake Expansion Meeting • June 23, 2015: MAC Meeting • June 25, 2015: Earle Brown Days Parade • June 26, 2015: Set Up for Craft and Business Expo • June 27, 2015: Worked at the Craft and Business Expo • July 6, 2015: Work Session with Financial Commission • July 10, 2015: Volunteered at the Evergreen Community Garden Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • June 23, 2015: MAC Meeting • June 25, 2015: Earle Brown Day Parade • June 27, 2015: Fireworks • July 6, 2015: Work Session with Financial Commission • July 11, 2015: Graduation party for her daughter at Kylawn Park • July 17-18, 2015: Family Reunion Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • June 24, 2015: Met with Reva Chamblis Regarding the Light Rail • June 26-28, 2015: Timber Bay Camp • July 2 and 9, 2015: Started Teaching Yoga at Curves on Shingle Creek Parkway • July 6, 2015: Work Session with Financial Commission • July 5-11, 2015: Get Ready Program • July 15, 2015: Bellevue Park Neighborhood Meeting Mayor Willson reported on his attendance at the following d provided information on the Y p g an following upcoming events: • June 18-23, 2015: US Mayor's Conference • June 20, 2015: Radio Interview • June 22, 2015: Radio Interview with WCCO • June 24, 2015: Mayor's Minutes • June 24, 2015: Met with Pastor Christian Vincent 07/13/15 -9- • June 24, 2015: Riverdale Park Picnic • June 25, 2015: Earle Brown Days Parade and Band Awards • June 26, 2015: Met with the Brooklyn Center Little League • June 27, 2015: Met with the Liberian Ambassador • June 27, 2015: Greeted Earle Brown Days Craft and Business Expo Exhibitors • July 1, 2015: Phone Conference with the White House Office of the National Drug Policy Control • July 6, 2015: Work Session with Financial Commission • July 15, 2015: Bellevue Park Neighborhood Meeting 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Graves seconded adjournment of the City Council meeting at 8:06 p.m. Motion passed unanimously. 07/13/15 -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 July 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 July 27, 2015, Regular Session. A. City Clerk Mayor 07/13/15 -11-