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Home My WebLink About2016 01-11 CCM Regular SessionMINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEP[N AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 11, 2016 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, Planning and Zoning Specialist Tim Benetti, Director of Community Activities, Recreation and Services Jim Glasoe, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, 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. No one wished to address the City Council. Councilmember Myszkowski moved and Councilmember Graves seconded to close the Informal Open Forum at 6:47 p.m. Motion passed unanimously. 2.INVOCATION Mayor Willson requested consideration and thought for the victims of mass gun shootings in the United States and the dilemma on how, where and what we should to do with the number of guns floating around. He asked for focus on those individuals who have lost their lives in mass shootings. 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. 01/11/16 -1- 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, Planning and Zoning Specialist Tim Benetti, 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 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 Graves seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Study Session minutes of December 14, 2015, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.December 7, 2015 - 2016 Budget Hearing 2.December 7, 2015 - Special Session 3.December 14, 2015 - Study Session 4.December 14, 2015 - Regular Session 6b. LICENSES FIREWORKS - PERMANENT Target GASOLINE SERVICE STATION Boulevard Enterprises Inc. MECHANICAL Hillside Heating and Air, LLC Minnesota Heating and Air PUBLIC DANCE Jammin Wings, LLC RENTAL INITIAL (TYPE III— one-year license) 5018 Abbott Avenue N RENEWAL (TYPE III— one-year license) 6100 Shingle Creek Parkway 5300 Dupont Avenue N 15175 79th Street NE, Otsego 1070193 rd Avenue N, Suite B, Maple Grove 2590 Freeway Boulevard Jack Vang 01/11/16 -2- 6740 Grimes Place Victoria Townhouses 7111 Riverdale Road 6816 Bryant Avenue N 3319 Mumford Road RENEWAL (TYPE II- two-year license) 6331 Beard Avenue N The Avenue 4110 Lakebreeze Avenue 4811 Lakeview Avenue 420762 nd Avenue N 430963 rd Avenue N 331265 th Avenue N 5529 Aldrich Drive N 5424 Fremont Avenue N 6353 Halifax Drive 5659 Knox Avenue N 2718 O'Henry Road 5412 Penn Avenue N RENEWAL (TYPE F- three-year license) 6700 Humboldt Avenue N Sterling Square 5 347-49 Penn Avenue 142163 rd Lane N 3319 66thAvenueN 6007 Girard Avenue N SECOND HAND GOODS DEALER GameStop, Inc. The Gaughan Properties (Missing 1 ARM meeting) Allan and Vickie Olson Ebizimo Nagberi William Coleman CCF1 Holdings LLC Mindy Brummer Diane Krenz Christopher Rasmussen Kyle Dalton Charles Kaatz Betty Scully Bill MeCrum Charles Anderson Rory Mysliwiec Wade Klick Anthony Martin John Roder Karen Palek Gary Fraser Invitation Homes Ben Cleve Dossman IV 6068 Shingle Creek Parkway 6c.RESOLUTION NO. 2016-01 DESIGNATING OFFICIAL NEWSPAPER 6d.RESOLUTION NO. 2016-02 DESIGNATING DEPOSITORIES OF CITY FUNDS 6e. RESOLUTION NO. 2016-03 APPOINTING BROOKLYN CENTER REPRESENTATIVES TO EXECUTIVE COMMITTEE AND/OR BOARD OF DIRECTORS OF THE BROOKLYN BRIDGE ALLIANCE FOR YOUTH, HENNEPIN RECYCLING GROUP, LOCAL GOVERNMENT INFORMATION SYSTEMS, NORTH METRO MAYORS ASSOCIATION, NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL, NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION, PETS UNDER POLICE SECURITY, TWIN LAKES JOINT POWERS 01/11/16 -3- ORGANIZATION, AND MINNEAPOLIS NORTHWEST CONVENTION & VISITORS BUREAU 6f.RESOLUTION NO. 2016-04 APPOINTING MUNICIPAL TRUSTEES TO THE BROOKLYN CENTER FIREFIGHTERS RELIEF ASSOCIATION BOARD OF TRUSTEES 6g.RESOLUTION NO. 2016-05 RECOGNIZING THE CONTRIBUTIONS OF ETHNIC POPULATIONS AND HERITAGE CELEBRATIONS 6h.RESOLUTION NO. 2016-06 GRANTING CORPORATE AUTHORITY FOR SIGNING OF CHECKS AND TRANSACTIONS OF FINANCIAL BUSINESS MATTERS 6i.RESOLUTION NO. 2016-07 OPTING NOT TO WAIVE LIMITED TORT LIABILITY FOR 2016 6j.RESOLUTION NO. 2016-08 CALLING FOR A PUBLIC HEARING REGARDING PROPOSED USE OF 2016 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 6k.RESOLUTION NO. 2016-09 AUTHORIZING LEASE BETWEEN THE CITY OF BROOKLYN CENTER AND LOGIS FOR POLICE BUILDING SPACE 61. RESOLUTION NO. 2016-10 APPROVING THE LABOR AGREEMENT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 82 (POLICE OFFICERS AND DETECTIVES) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 2016 AND 2017 6m. RESOLUTION NO. 2016-11 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2016-01, 02, 03 AND 04, PALMER LAKE WEST AREA STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2016-12 EXPRESSING RECOGNITION AND APPRECIATION OF JOHN RUSSELL FOR HIS DEDICATED PUBLIC SERVICE ON THE PARK AND RECREATION COMMISSION Mayor Willson read in full a Resolution expressing recognition and appreciation of John Russell for his service on the Park and Recreation Commission and presented him with a certificate. 01/11/16 -4- Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2016-12 Expressing Recognition and Appreciation of John Russell for His Dedicated Public Service on the Park and Recreation Commission. Motion passed unanimously. 8.PUBLIC HEARINGS None 9.PLANNING COMMISSION ITEMS None 10. COUNCIL CONSIDERATION ITEMS lOa. SELECTING PRESIDING OFFICERS - MAYOR PRO TEM AND ACTING MAYOR PRO TEM Mayor Willson recommended ratification of Dan Ryan as Mayor Pro Tern and Lin Myszkowski as Acting Mayor Pro Tern. Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to ratify the following 2016 Mayoral Appointments: Mayor Pro Tern Dan Ryan Acting Mayor Pro Tern Lin Myszkowski Motion passed unanimously. lOb. RESOLUTION NO. 2016-13 DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER Mayor Willson introduced the item and read in full a Resolution expressing the City Council's commitment to the Brooklyn Center City Charter. Councilmember Ryan moved and Councilrnernber Myszkowski seconded to adopt RESOLUTION NO. 2016-13 Declaring Commitment to the Brooklyn Center City Charter. Mayor Willson commented that each year he reads the resolution he is reminded of his feeling of great respect and great reliability on City staff and his opinion that staff has done an excellent job as long as he has been mayor. It has been a strong and cordial relationship. Motion passed unanimously. 01/11/16 -5- lOc. MAYORAL APPOINTMENTS OF CITY COUNCIL MEMBERS TO SERVE AS LIAISONS TO CITY ADVISORY COMMISSIONS AND AS CITY REPRESENTATIVES/VOTING DELEGATES FOR OTHER ORGANIZATIONS FOR 2016 Mayor Willson recommended ratification of the 2016 appointments to serve as liaisons to City advisory commissions and as City representatives and voting delegates for other organizations. He pointed out a minor change previously accepted by Councilmembers that Councilmember Myszkowski will serve on the Crime Prevention Program and Councilmember Graves will serve on the Ad Hoc Youth Advisory Commission. Councilmember Myszkowski moved and Councilmember Graves seconded to ratify the following 2016 Mayor Appointments as amended: Commission/Organization Councilmember Financial Commission Lin Myszkowski Housing Commission Kris Lawrence-Anderson Park and Recreation Commission April Graves Ad Hoc Youth Advisory Commission April Graves Crime Prevention Program Lin Myszkowski Earle Brown Days Committee Kris Lawrence-Anderson Tim Willson - Alternate League of Minnesota Cities Dan Ryan; Tim Willson-Alternate Metro Cities Dan Ryan; Tim Willson-Alternate North Hennepin Area Chamber of Commerce Tim Willson Motion passed unanimously. lOd. HEARING AND CONSIDERATION OF AN ON-SALE CLASS B INTOXICATING LIQUOR LICENSE, 2 A.M. LIQUOR LICENSE, AND SUNDAY LIQUOR LICENSE FOR JAMMIN WINGS LLC, 2590 FREEWAY BOULEVARD Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. City Attorney Gilchrist indicated that he had worked with City staff on this process. Mr. Boganey presented an overview of the conditional license. Mayor Willson observed that this isn't the first time the City Council has taken action to make sure the ordinance is being upheld. He does not see this as out of the norm, but does see Jammin Wings' record keeping as being out of the norm. He thinks this issue should be taken seriously. Councilmember Graves asked about Class B in the ordinance and if bars that only sell liquor are prohibited in the City. 01/11/16 -6- Mr. Boganey stated that his belief that only cities of the first class are allowed to have liquor- only establishments. Attorney Gilchrist stated that the restriction on the 50 percent relates to the restaurant classification. Councilmember Graves asked who decides City classifications. Mayor Willson answered that the State as well as City ordinance. Mr. Boganey stated that liquor sales in the state of Minnesota are highly regulated. Councilmember Myszkowski moved and Councilmember Graves seconded to open the hearing. Owners Wayne Brown, Albertville, and Kristy Brown, 1658 Gershwin Avenue, Oakdale, addressed the City Council. Mr. Brown stated that they have taken measures to make sure this doesn't happen again. They have a new point of sale system that should work better this time around, they are taking measures to ensure more food sales, and they are working with the City Manager to address issues. Mayor Willson stated that the City ordinance must be followed and it has to be applied fairly across the City. Ms. Brown stated that they are making efforts to comply with the ordinance. Mayor Willson stated that Jammin Wings is a great establishment and is welcome in the City. Councilmember Ryan commented that the City Council can insist on clear reporting procedures by the establishment so that the City Council can have confidence that they are compliant because the City Council has an oath to uphold State law and City ordinances. Councilmember Lawrence-Anderson asked about the depositing practices. She is curious why the business doesn't have separate deposits for separate locations. Mr. Brown replied that it saves them money. There are two different point of sales and all of the sales are batched at the end of the night and go straight to the bank. Councilmember Lawrence-Anderson stated that the point of sale should still indicate what the proceeds were for that day for each location. Ms. Brown affirmed that this was the case and this information was available. Mayor Willson stated that it sounds like they have upgraded the system and are taking steps to 01/11/16 -7- take care of the issues. He stated that he appreciated them coming out on the coldest night of the year. Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to close the hearing. Councilmember Graves moved and Councilmember Myszkowski seconded to adopt RESOLUTION 2016-14 Making Findings of Fact and Order Relating to Jammin Wings Liquor License. Councilmember Ryan stated support for staff's recommendation considering the reporting requirements to ensure compliance. Attorney Gilchrist clarified that the motion include the date correction under number 6 of the Order from November 1 to October 1. Councilmember Graves amended the motion to include the date correction from November 1 to October 1. Councilmember Ryan stated he would second the motion as amended. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • December 28, 2015: Brooklyn Center Police Department "Coffee with a Cop" Event • January 5, 2016: Meeting Regarding Body Cameras for Brooklyn Park Police • January 6, 2016: The Sanctuary Open House • January 12, 2016: Brooklyn Center Rotary • January 14, 2016: State of the City Address at the Northwest Hennepin Area Chamber of Commerce Luncheon Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • January 6, 2016: The Sanctuary Open House • January 8, 2016: Met with the Pastor of Brooklyn United Methodist to talk about how they will continue their service to Brooklyn Center Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • December 15, 2015: Einstein Bros. Bagels Opening Event Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • December 21, 2015: District Parent Advisory Council Meeting 01/11/16 -8- Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • January 4, 2016: Participated in a Conference Call with HUD Representatives • January 5, 2016: Brooklyn Center Fire Relief Association • January 6, 2016: MMKR Auditor Meeting • January 11, 2016: HUD Meeting • January 11, 2016: Met with Former Minneapolis Mayor R.T. Ryback Regarding the Generation Next Organization • January 14, 2016: State of the City Address at the Northwest Hennepin Area Chamber of Commerce Luncheon • January 14, 2016: Blue Line Corridor Management Committee 12. ADJOURNMENT Councilmember Lawrence-Anderson moved and Councilmember Graves seconded adjournment of the City Council meeting at 7:51p.m. Motion passed unanimously. 01/11/16 -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 January 11, 2016. 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 January 25, 2016, Regular Session. iWVWL¼A City Clerk / 2 2/7 e --/- Mayor 01/11/16 -10-