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Home My WebLink About2015 08-10 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 AUGUST 10, 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, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Attorney Troy Gilchrist, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Burt Orred, 6700 60th Avenue N., Crystal, stated he works on trail management for the MAC Park/Wildlife Area and is encouraging the Crystal and Brooklyn Center Park Commissions to look at improvements needed to bring the park up to speed. The cost for improvements would be approximately $250,000 and he will continue to work with both cities and the Shingle Creek Watershed District in order to push the need for the improvements. He provided the City Council with an outline of what it will take to keep the park at a maintenance level. He stated he is 67, will not be doing trail management for much longer, and would like to see a good wilderness- type park that is useable by citizens. Mayor Willson stated that Mr. Orred's presentation and the materials he submitted to the City Council appear to be fairly well thought out. Mr. Orred replied that the documents were simplified and he has a lot more data to provide. Mayor Willson asked Mr. Orred to present City Manager Curt Boganey with any further data and materials. Roger Kloster, 7223 Lee Avenue N., questioned if door-to-door solicitors needed to register with the City. Mayor Willson stated he believes they have to register if they do any work in the City. Assistant City Manager/Director of Building and Community Standards Vickie Schleuning stated the City expects them to contact the Police Department and register but there isn't a licensing process. Mayor Willson stated he generally asks solicitors if they are registered with the City. 08/10/15 4- Mr. Kloster spoke about his experience with a solicitor selling home protection devices and a CenturyLink solicitor not being able to provide a business card. He spoke about his experience with tree trimmers and College Pro painters that are eager to give their business information and stated that he is concerned about the solicitors. He also spoke about employees not wearing protective gloves when handling food at Culvers, indicating he has spoken to the Culvers manager and asked the manager to have the employees wear the protective gloves. Councilmember Ryan moved and Councilmember Myszkowski seconded to close the Informal Open Forum at 6:56 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Ryan requested a moment of silence and personal reflection as 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 7:02 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, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, 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 Ryan moved and Councilmember Myszkowski seconded to approve the Agenda and Consent Agenda with the addition of item I Ob Mayoral Appointment of Member to Serve on Housing Commission, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. July 20, 2015—Joint Work Session with Financial Commission 2. July 27, 2015—Study/Work Session 3. July 27, 2015 —Regular Session 6b. LICENSES 08/10/15 -2- MECHANICAL Appliance Connections, Inc. 12850 Chestnut Boulevard, Shakopee Mike's Custom Mechanical, Inc. P.O. Box 171, Champlin Practical Systems 4342 B Shady Oak Road, Hopkins MOTOR VEHICLE DEALERSHIP BCV Motors, LLC dba Luther Brookdale Volkswagen 6801 Brooklyn Boulevard RENTAL INITIAL (TYPE II—two year license) 5408 Colfax Avenue N. Su Feng Zheng 5606 Humboldt Avenue N. Grant Thelen RENEWAL (TYPE III—one-year license) 6742-44 France Avenue N. Donald Renelt 421262 d Avenue N. Rafik Moore, RTO Investments LLC 3312 64th Avenue N. Xuyan Janet Lang Missing 1 ARM Meeting 6115 Aldrich Avenue N. Kin Chew 7137 Grimes Avenue N. Shawn Banks RENEWAL (TYPE II—two-year license) 292368 th Lane N. Steven Pfeiffer 535272 d Circle Denise Michaelides 1106 Emerson Lane Jan Dietrich 2012 Ericon Drive Kristina Coryell 5248 France Avenue N. Gary Scherber 5550 France Avenue N. Belinda Gonzalez 6325 Kyle Avenue N. Cuong Pham 5400 Queen Avenue N. Prosperous Property LLC RENEWAL (TYPE I—three-year license) 1601 67th Lane N. Ryan Felien 5307 Howe Lane Jose Villagrana 5318 Irving Avenue N. Nathaiel LoChe SIGNHANGERS LICENSE Install This Awning & Sign 4835 Lyndale Avenue N., Minneapolis Rose City Sign Co. 31208 County 71, Eagle Bend 6c. RESOLUTION NO. 2015-122 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2014-13, TWIN LAKES REGIONAL TRAIL (LAKE POINT SEGMENT) 08/10/15 -3- 6d. RESOLUTION NO. 2015-123 CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT NUISANCE ABATEMENT COSTS, DELINQUENT ADMINISTRATIVE FINES/ CITATIONS, AND DELINQUENT ADMINISTRATIVE VACANT BUILDING REGISTRATIONS 6e. RESOLUTION NO. 2015-124 CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2015-125 EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF POLICE CHIEF KEVIN J. BENNER Mayor Willson read in full a Resolution expressing recognition and appreciation for the dedicated public service of Police Chief Kevin J. Benner and detailing his roles, awards, and contributions. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2015-125 Mayor Willson commented that Chief Benner's dedication and willingness to serve the community has been exceptional. Mr. Boganey stated that it is an honor to recommend this resolution. He stated that Chief Benner has done an outstanding job and his integrity and commitment to the youth of Brooklyn Center is unparalleled. Councilmember Myszkowski spoke about the Chief's profound effect on the community as a whole and that by his example, Brooklyn Center is a kinder and more caring place. She stated that he recognized why crime was happening, talked about it, and listened to the residents. She stated that the City is going to miss him, as he has become part of its culture. Councilmember Lawrence-Anderson stated that she knew Chief Benner when he was a lieutenant and that it has been a privilege to watch him go through the ranks. She wished Chief Benner all the best and stated that one of his standout abilities was that he could relate to anyone. She stated that he was a good role model and that his successor has `big shoes' to fill. Councilmember Ryan stated that Chief Benner exemplified professionalism and had a unique human touch that cannot be duplicated. He stated that Chief Benner will leave an indelible mark on the City and recalled him talking about the golden rule at a neighborhood meeting. He stated that because of his leadership and what the citizens have done in cooperation with the City's 08/10/15 4- officers,there have been successive years of double-digit decline in crime in the City. Councilmember Graves stated that she has not known Chief Benner for long, but remembers being very impressed by him. She stated that she was not afraid to ask questions about police brutality and racial profiling and could see he was a person of integrity right away. She stated that Chief Benner's integrity and ability to relate to people requires some sort of humility and when leaders are able to be humble, it changes the culture because citizens don't feel they are being ruled over. She stated she is thankful that the City has had such a good Police Chief, that she has been able to say she trusts the Police Chief, and he is a person of integrity. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. CENTERPOINT ENERGY GAS FRANCHISE AND FEE ORDINANCES 1. ORDINANCE NO. 2015-11 CONTINUING THE NATURAL GAS FRANCHISE FEES ON THE OPERATIONS OF CENTERPOINT ENERGY RESOURCES CORP IN THE CITY OF BROOKLYN CENTER This item was first read on July 13, 2015; published in the official newspaper on July 23, 2015; and is offered this evening for second reading and Public Hearing. City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance. Councilmember Myszkowski moved and Councilmember Graves seconded to open the Public Hearing. g Motion passed unanimously. No one wished to address the City Council Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. Discussion took place regarding the ordinance process. Councilmember Ryan asked if there was a provision for adjusting fees. Mr. Boganey replied that there is a provision to adjust fees by providing a 90-day notice and there is a limitation on the fee increases. Councilmember Ryan stated that this agreement appears to be very similar to the previous franchise agreement. Mr. Boganey replied affirmatively and stated the most significant change 08/10115 -5- to the franchise agreement is a provision that certain changes are subject to review by the Public Utilities Commission. Councilmember Graves moved and Councilmember Myszkowski seconded to adopt ORDINANCE NO. 2015-11 Continuing the Natural Gas Franchise Fees on the Operations of CenterPoint Energy Resources Corp in the City Of Brooklyn Center. Motion passed unanimously. 2. ORDINANCE NO 2015-12 GRANTING CENTERPOINT ENERGY RESOURCES CORP, D/B/A CENTERPOINT ENERGY MINNESOTA GAS ("CENTERPOINT ENERGY"),ITS SUCCESSORS AND ASSIGNS,A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC WAYS AND GROUNDS OF THE CITY OF BROOKLYLN CENTER, HENNEPIN COUNTY, MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF This item was first read on January 26, 2015; published in the official newspaper on February 5, 2015; heard in Public Hearing on February 23, 2015, and tabled until the franchise fees ordinance was heard; and is offered this evening for adoption. City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance. Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt ORDINANCE NO. 2015-12 Granting CenterPoint Energy Resources Corp, D/B/A CenterPoint Energy Minnesota Gas ("CenterPoint Energy"), Its Successors and Assigns, A Nonexclusive Franchise to Construct, Operate, Repair And Maintain Facilities and Equipment for the Transportation, Distribution, Manufacture and Sale of Gas Energy for Public and Private Use and to Use the Public Ways and Grounds of the City of Brooklyn Center, Hennepin County, Minnesota, for Such Purpose; and, Prescribing Certain Terms and Conditions Thereof. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS None. 08/10/15 -6- 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSES Mayor Willson explained the streamlined process that is 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. 5556 EMERSON AVENUE NORTH 10a2. 5131 HOWE LANE 100. RESOLUTION NO. 2015-126 APPROVING A TYPE IV RENTAL LICENSE FOR 7033 UNITY AVENUE NORTH 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 the following: 5556 Emerson Avenue North; 5131 Howe Lane; and, adopt RESOLUTION NO. 2015-126 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. 10b. MAYORAL APPOINTMENT OF MEMBER TO SERVE ON HOUSING COMMISSION Mayor Willson stated one application was received from Susan Pagnac, 3313 Lawrence Road. He stated that there is one more opening on the Housing Commission. Councilmember Myszkowski moved and Councilmember Ryan seconded to ratify the Mayoral appointment of Susan Pagnac, 3313 Lawrence Road, to the Housing Commission with a term to expire December 31, 2017. Mayor Willson pointed out that there is graphic geographical distribution of Housing Commission members. The Housing Commission is currently lacking representation from the southern, southeastern, and southwestern area of the City. He asked citizens to consider serving on the Housing Commission. Councilmember Graves asked what neighborhoods that would include. Mayor Willson replied Twin Lakes and Bellevue. Motion passed unanimously. 08/10/15 -7- 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • August 1, 2015: Organization of Liberians of Minnesota • August 3, 2015: National Night Out Kick-Off at Centennial Park • August 4, 2015: Annual Observance of National Night Out • August 5, 2015: Joint Work Session with Financial Commission • August 6, 2015: Brooklyn Center Youth Soccer Pizza Party • August 6, 2015: Brooklyn Center Lions Club Dinner • August 11, 2015: Open House for Blue Line Light Rail • August 12, 2015: Open House and Planning Session at Golden Valley City Hall for the Blue Line Light Rail • August 14, 2015: Metro Cities Regional Housing Policy Committee Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • August 3, 2015: National Night Out Kick-Off at Centennial Park • August 4, 2015: Annual Observance of National Night Out • August 5, 2015: Joint Work Session with Financial Commission Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • August 3, 2015: National Night Out Kick-Off at Centennial Park • August 4, 2015: Observed National Night Out in Her Neighborhood Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • August 3, 2015: National Night Out Kick-Off at Centennial Park • August 4, 2015: Annual Observance of National Night Out • August 4, 2015: Met with the Strategic Development Director from Minneapolis Regarding Youth Work in the Northern Suburbs • August 5, 2015: Joint Work Session with Financial Commission • August 11, 2015: Open House for Blue Line Light Rail Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • August 1, 2015: Voinjama Multilateral High School Alumni Association Event at Maple Grove Community Center • August 3, 2015: National Night Out Kick-Off at Centennial Park • August 4, 2015: Annual Observance of National Night Out • August 5, 2015: Joint Work Session with Financial Commission • August 5, 2015: Appeared on the Jaunita Huff Show • August 12, 2015: Annual CSI Camp 08/10/15 -8- 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Myszkowski seconded adjournment of the City Council meeting at 7:42 p.m. Motion passed unanimously. 08/10/15 -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 August 10, 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 August 24, 2015, Regular Session. 141W*0� r City Clerk Mayor 08/10/15 -10-