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Home My WebLink About2016 06-13 CCM Regular SessionMINUTES 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 JUNE 13, 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, Interim Assistant to the City Manager Reggie Edwards, Finance Director Nate Reinhardt, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Acting City Attorney Melissa Manderschied, and Michaela Kujawa-Daniels, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Ray Christensen, 6803 Toledo Avenue North, Brooklyn Center, addressed the Councilmembers regarding the Maranatha project. He stated his main issue with the new project is the lack of parking for the building. He stated as it is currently, people are parking in the areas not allowed and where emergency vehicles would need to park. He stated the size and height of the building in the drawings provided by the engineers is deceptive. He noted it states the building is 3 levels; however, it is as high as a 4-story building. He also stated he is concerned about the fact that there is no sidewalk leading from the parking spots to the building which he stated is a safety concern for visitors and employees. He noted he fully outlined his concerns and issues in a statement provided to Councilmembers to review. Mayor Willson stated they will take Mr. Christensen's concerns under advisement and he thanked him for the detailed statement. Rhonda Andreen, 6743 Camden Avenue North, addressed the Councilmembers regarding a current City ordinance which limits the number of chickens a resident can have on their property. She stated she inherited 4 chickens and would 'like to see what she can do to request a change to the ordinance. She stated in her research she found at 18 surrounding cities all allow several chickens on any given property. She noted the chickens are quieter than most of her neighbor's dogs. 06/13/16 -1- Mayor Willson stated she has taken the first few steps in the process of requesting a change to the ordinance. He noted she should take caution to the current ordinance as it relates to the number of chickens allowed now, as it sounds like she has 4 on her property currently. He stated the process can be lengthy before possibly seeing results. Councilmember Myszkowski stated she should look up Friends of Brooklyn Center's Facebook page to get more information on the issue and find others who are looking to accomplish the same goals. Councilmember Lawrence-Anderson stated her only concern is that there is no intention to slaughter the chickens; she asked what Ms. Andreen intends to do with the chickens. Ms. Andreen stated her intention is to keep them and use them for egg production. She noted she would never harm them. Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to close the Informal Open Forum at 6:53p.m. Motion passed unanimously. 2.INVOCATION Mayor Willson requested a moment of silence and personal reflection as the Invocation. Regarding the Orlando event Sunday morning. 3.CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 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, Interim Assistant to the City Manager Reggie Edwards, Finance Director Nate Reinhardt, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Acting City Attorney Melissa Manderschied, and Michaela Kujawa-Daniels, 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 items were approved: 06/13/16 -2- 6a. APPROVAL OF MINUTES 1.May 23, 2016— Study Session 2.May 23, 2016— Regular Session 3. May 23, 2016— Work Session 6b. LICENSES AMUSEMENT DEVICE Theisen Vending Company Family Dollar Store #5110 Family Dollar Store #4514 Jammin Wings GARBAGE HAULER Allied Waste Services of North America LLC Darling Ingredients, Inc. GarbageMan of Twin Cities Dba GarbageMan, A Green Co. LePage & Sons Inc. T & L Sanitation Walz Brothers Sanitation MECHANICAL Alliance Heating and Cooling Central Heating & Cooling LLC Crown Drain Cleaning MAG Mechanical New Century Systems Riccar Heating & A/C River City Sheet Metal Inc. dba River City Furnace Soderlin Plumbing, Heating & Air Summit Commercial Facilities Group Swenson Heating and A/C RENTAL INITIAL (TYPE III— one-year license) 6925 Regent Ave N. INITIAL (TYPE II - two-year license) 6930 Halifax Ave N. 5000 Zenith Ave N. RENEWAL (TYPE III— one-year license) 2012 55th Ave N. 2335 Nevada Avenue North, Golden Valley 210557 1h Avenue North 6211 Brooklyn Boulevard 2590 Freeway Boulevard 8661 Rendova Street NE, Circle Pines 9000382 nd Avenue, Blue Earth 13895 Industrial Park Blvd. #100, Plymouth 23602 University Avenue NW, Bethel P.O. Box 49695, Blame P.O. Box 627, Maple Grove 2934 Colfax Ave, Minneapolis 26009 Nightingale Street NW, Isanti 3232 90th Ave, Blame 7100 Medicine Lake Rd, New Hope 2010575 th Avenue, Ste. B, Corcoran 2387 Station Parkway NW, Andover 8260 Main Street NE, Ste. 39, Fridley 3612 Cedar Avenue South, Minneapolis 8818 N 7th Avenue, Golden Valley 12723 320'h Avenue, Princeton Travis Senenfelder Ali Egal Infinite Property LLC Invitation Homes 06/13/16 -3- 1300 68thLnN. 5315 71st Circle 7137 Grimes Ave N. 5713 Humboldt Ave N. 5720 Logan Ave N. 7225 Major Ave N. RENEWAL (TYPE II— two-year license) 5256 Twin Lake Blvd B. 5118 66th Ave N. 2928 67thLnN. 6614 Bryant Ave N. 5930 Camden Ave N. 5432 Dupont Ave N. 6400 Noble Ave N. 5712 Northport Dr. 6718 Scott Ave N. 6912 Unity Ave N. RENEWAL (TYPE I— three-year license) 3701 47th Ave N. Ryan Creek Manor 65 11-21 Humboldt Ave N. The Pines 5235 Drew Ave N. 3412 62nd Ave N. 1612 69th Ave N. 6807 Aldrich Ave N. 4207 Lakeside Ave, #236 6900 Unity Ave N. SIGNHANGER Leroy Signs, Inc. Signminds, Inc. Grant Osgood Jolayne Williams Shawn Banks (Missing 1 ARM meeting) Janice Biom (Missing 1 ARM meeting) Jeniffer Kuria (Missing 1 ARM meeting) Kin Chew Brian Somkhan Scott Hanson Benjamin & Nicole Tramm Yi LinlKhai Hong Lim Properties Matthew Joseph Xiangming Guan Zamzam Gesaade Cindy & Raymond Scherbing Invitation Homes Geri Lynn Williams Drew Kabanuk The Pines North, LLC Jay Nelson Battenberg Neng Xi Lane Prosperous Property LLC Prosperous Property LLC First House LLC Yue Liu 6325 Welcome Avenue N, Brooklyn Park 1400 Quincy Street NE, Minneapolis 6c.RESOLUTION NO. 2016-80 ADOPTING COMPREHENSIVE ANNUAL FINANCIAL REPORT OF CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR ENDED DECEMBER 31, 2015 6d.RESOLUTION NO. 2016-81 ACCEPTING A FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NO. 2016-06, FREEWAY BOULEVARD MILL AND OVERLAY (EAST OF XERXES AVENUE) STREET IMPROVEMENTS 06/13/16 -4- 6e. RESOLUTION NO. 2016-82 DECLARING COSTS TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 2016-06, FREEWAY BOULEVARD MILL AND OVERLAY (EAST OF XERXES AVENUE) STREET IMPROVEMENTS Motion passed unanimously. 7.PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS None. 8.PUBLIC HEARINGS None. 9. PLANNING COMMISSION ITEMS 9a. RESOLUTION NO. 2016-83 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2016-004 SUBMITTED BY MATT ZDON REQUESTING APPROVAL OF A VARIANCE TO CITY CODE SECTION 35- 400 - MINIMUM DISTRICT REQUIREMENTS, WHICH WOULD ALLOW AN ENCROACHMENT OF 26.7 FEET FROM THE REQUIRED 35-FOOT FRONT YARD SETBACK STANDARDS FOR A NEW GARAGE STRUCTURE (LOCATED AT 5261 TWIN LAKE BOULEVARD EAST) Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2016-004 and advised the Planning Commission recommended approval of the application at its May 26, 2016, meeting. Councilmember Ryan stated his only question is regarding the floodplain issue; he is wondering if Mr. Benetti will be assisting Mr. Zdon in completing the next steps to ensure he is properly covered. Mr. Benetti replied he will and that once Council approves the application they will then go before the Watershed Commission and get the approval they need there and the permit through the City Engineer. Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2016-83 regarding the disposition of Planning Commission Application No. 2016-004 submitted by Matt Zdon requesting approval of a variance to City Code section 35-400 - Minimum district requirements, which would allow an encroachment of 26.7 feet from the required 35-foot front yard setback standards for a new garage structure (located at 5261 Twin lake Boulevard East) subject to the conditions set forth by the Planning Commission. Motion passed unanimously. 06/13/16 -5- 9b. RESOLUTION NO. 2016-84 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2016-006 SUBMITTED BY ANTHONY NELSON FOR SPECIAL USE PERMIT APPROVAL OF A SPECIAL HOME OCCUPATION ALLOWING SILK-SCREEN PRINTING AND IMAGE PRINTING OPERATION AS A HOME-BASED BUSINESS IN THE R-2 TWO FAMILY RESIDENCE DISTRICT (LOCATED AT 5323 DUPONT AVENUE NORTH) Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2016-006 and advised the Planning Commission recommended approval of the application at its May 26, 2016, meeting. Mayor Willson stated his only concern regarding this item is No. 6 of the conditions; that Mr. Nelson strictly adhere to this condition and properly dispose of all materials of waste as noted. Mr. Benetti responded on behalf of Mr. Nelson that he fully intends to follow all conditions laid out in the Resolution. Councilmember Lawrence-Anderson asked if it is an attached garage and is there more than 1 exit on the unit. Mr. Benetti replied it is a detached garage and there is more than 1 exit. Councilmember Ryan stated he generally supports in home businesses and does support this one. He noted he has only one concern and that is that a formal fire inspection be completed to ensure the safety of Mr. Nelson and his neighbors whose garages and homes are within inches of Mr. Nelson's garage. Mayor Willson echoed Councilmember Ryan's thoughts. Mr. Benetti stated aside from normal household garage items, acetone is really the only item Mr. Nelson uses for his printing that would be flammable and require special disposal care. He stated Mr. Nelson is willing to undergo a formal City inspection and will adhere to any and all conditions required to ensure safety standards are met. Councilmember Graves moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2016-84 regarding the disposition of Planning Commission Application No. 2016-006 submitted by Anthony Nelson for Special Use Permit approval of a Special Home Occupation allowing a silk-screen printing and image printing operation as a home-based business in the R-2 Two family Residence District (located at 5323 Dupont Avenue North) subject to the conditions set forth by the Planning Commission. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS lOa. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSES Mayor Willson explained the streamlined process used to consider Type IV 6-Month Provisional Rental Licenses. 06/13/16 -6- 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 lOal through 100. lOal. RESOLUTION NO. 2016-85 APPROVING A TYPE IV RENTAL LICENSE FOR 4013 65 " AVENUE NORTH 10a2. RESOLUTION NO. 2016-86 APPROVING A TYPE IV RENTAL LICENSE FOR 5444 DUPONT AVENUE NORTH 100. RESOLUTION NO. 2016-87 APPROVING A TYPE IV RENTAL LICENSE FOR 2913 NASH RD Councilmember Ryan moved and Councilmember Myszkowski seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan and adopt RESOLUTION NO. 2016-85 Approving a Type IV Rental License for 4013 65TH Avenue North; RESOLUTION NO. 2016-86 Approving a Type IV Rental License for 5444 Dupont Avenue North; and, RESOLUTION NO. 2016-87 Approving a Type IV Rental License for 2913 Nash Road, 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. lOb. AN ORDINANCE AMENDING CHAPTER 12, SECTION 12-901, OF THE CITY CODE OF ORDINANCES; LIMITING THE DENSITY OF RENTAL HOUSING IN THE CITY Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance amending Chapter 12, Section 12-901, of the City Code of Ordinances; Limiting the Density of Rental Housing in the City. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to remove from the table An Ordinance mending Chapter 12, Section 12-901, of the City Code of Ordinances; Limiting the Density of Rental Housing in the City. Motion passed unanimously. Mayor Willson stated due to lack of community members reaching out on this issue he does agree that removing this item from the table for now is the best action to take at this time. He noted he took into consideration Councilmember Graves statements regarding property owner's right to do what they want with their property. Councilmember Graves stated there isn't any conclusive evidence that putting this ordinance into effect will lower police calls and code violations. She stated there is however, evidence that putting this ordinance into effect will cause exclusionary issues. Mayor Willson agreed. Councilmember Ryan stated the staff has asked the Council for further action on this item so 06/13/16 -7- they will need to make a vote to approve further action on this item or not at this time. He stated the idea behind this ordinance is to better the community and earlier in the process he was a supporter of the ordinance; however, as Councilmembers have mentioned the City has good codes in place and they are currently doing their job. He stated he is in agreeance with Mayor Willson and Councilmember Graves at this time and that they should not take further action on the ordinance. Councilmember Myszkowski stated she would like to move to postpone indefinitely. Mayor Willson replied she only needs to advise if she would like to move forward with further action right now or not for the vote. Councilmember Myszkowski stated she agrees to not take further action. Acting City Attorney Melissa Manderschied asked for clarification that the Council has requested a motion to adopt the ordinance and if that motion fails then it will not be accomplished. Mr. Boganey replied that she is correct. He stated he believed the appropriate motion is to take further action on this proposed ordinance as opposed to a motion not to take action. Councilmember Ryan stated for clarification that if the Council agrees to not move forward with this ordinance at this time, that doesn't mean they can't revisit this ordinance at a later date. He stated he doesn't believe there is enough input from the residents at this time to move forward or take further action on this item. Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to adopt An Ordinance Amending Chapter 12, Section 12-901, of the City Code of Ordinances; Limiting the Density of Rental Housing in the City. Mayor Willson and Councilmembers Graves, Lawrence-Anderson, Myszkowski, and Ryan voted against the same. Motion failed. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • June 6, 2016: City Council Joint Work Session with Financial Commission • June 10, 2016: Mike Trdan Environmentalist Meeting • June 14, 2016: Entertainment in The Park at Centennial Park • June 15, 2016: Board of Director's Quarterly Meeting for Visit Minneapolis North • June 16, 2016: Neighborhood in The Park Meeting • June 23, 2016: Ribbon Cutting Ceremony for new water treatment plant in Brooklyn Center • June 23, 2016: Earle Brown Day Parade Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • June 6, 2016: City Council Joint Work Session with Financial Commission • June 23, 2016: Earle Brown Days parade 06/13/16 -8- e June 25, 2016: All about Kids and Families in The Park Event Councilmember Lawrence reported on her attendance at the following and provided information on the following upcoming events: • May 25, 2016: Odyssey Academy Board Meeting • May 26, 2016: Odyssey Academy Special Board Meeting • June 23, 2016: Earle Brown Days parade Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • May 24, 2016: Coon Rapids Dam Tour hosted by Three Rivers Park • June 6, 2016: Youth Council year end celebration at Centennial Park • June 6,2016: City Council Joint Work Session with Financial Commission • June 10, 2016: Youth Worker Kick-off Meeting in Minneapolis • June 11, 2016: Juneteenth Celebration at Brookdale Library Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • May 28, 2016: Meeting with Senator Eaton • May 31, 2016: Brooklyn Center Rotary Luncheon • June 3, 2016 Mayor Cable 12 Minutes Taping • June 6, 2016: City Council Joint Work Session with Financial Commission • June 7, 2016: Steve Rummler Hope Foundation (SRHF) Event at Twins Field • June 11, 2016: Senators and State Representatives Gathering for Hmong and Laos Memorial at the State Capital 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Graves seconded adjournment of the City Council meeting at 8:03 p.m. Motion passed unanimously. 06/13/16 -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 June 13, 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 June 27, 2016, Regular Session. 7 City Clerk Mayor 06/13/16 -10-