HomeMy WebLinkAbout2016 06-27 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 27 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, Public Works Director/City Engineer Steve Lillehaug,
Director of Business and Development Gary Eitel, Deputy Director of Building and Community
Standards Jesse Anderson, City Attorney Troy Gilchrist, and Michaela Kujawa-Daniels,
TimeSaver Off Site Secretarial, Inc.
Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum.
Randy Christensen, 7061 Regent Avenue North, addressed the Council regarding two separate
items. The first item he addressed is a place called "Good Grocer" located in Minneapolis, which
started as a food shelf where people volunteered to help bag and bring items to people's cars. It
evolved into an actual store front much like a co-op where community members can get a
discount by working once a month at the store as a volunteer. He stated it is a great place that the
community members can get fresh produce and other grocery essentials at a good price. He
stated it would be nice to see if this is something they can bring to Brooklyn Center at some
point given the majority of the community is lower income. He stated he volunteers at the
Minneapolis based store himself and believes it is a great model to look at.
Mayor Willson stated the store sounds like a great place and said he would definitely pay the
store a visit and will keep this in mind for future businesses to bring to Brooklyn Center. The
Councilmembers all agreed it sounds like a great idea to look into.
The second item Mr. Christensen addressed with Council was that the water in his home seems
to have a very strong chlorine smell and taste. He stated he is aware that the City has been
working on this issue with the new water -plant and noted based on that it may already be a work
in progress but he wanted to make sure it was noted in his location it is an issue currently.
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Mayor Willson replied asking Mr. Christensen if he would be opposed to someone from the City
coming out and taking notice of the issue at his home. Mr. Christensen stated he is not opposed
to that. Mr. Boganey stated it has been observed that the chlorine smell and taste has decreased
substantially in most places within the City so he would like to review the issue and see what
else can be done. He noted they haven't received any complaints or issues recently on this item
however it could be that the issue was resolved in the majority of the City.
Councilmember Lawrence -Anderson stated she hasn't had this issue firsthand; however, she has
seen comments about this still being an issue on the "Friends of Brooklyn Center" Facebook
page. Mr. Boganey replied he will look into this issue further.
Councilmember Ryan moved and Councilmember Myszkowski seconded to close the Informal
Open Forum at 6:54 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 7:00 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, Public Works Director/City Engineer Steve Lillehaug,
Director of Business and Development Gary Eitel, Deputy Director of Building and Community
Standards Jesse Anderson, City Attorney Troy Gilchrist, 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 Ryan moved and Councilmember Graves seconded to approve the Agenda and
Consent Agenda, as amended, with amendments to the Regular Session minutes of June 13,
2016, and the following consent items were approved:
6a. APPROVAL OF MINUTES
1. June 6, 2016 — Joint Session with Financial Commission
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2. June 13, 2016 — Study Session
3. June 13, 2016 — Regular Session
6b. LICENSES
AMUSEMENT DEVICE
Mendota Valley Amusement, Inc. 390 Richmond Street E, South St. Paul
Brooklyn Center American 6110 Brooklyn Blvd
Legion Post # 630
LIQUOR - ON -SALE 3.2 PERCENT MALT LIQUOR
Chipotle Mexican Grill of Colorado, LLC 5711 Xerxes Ave N, Suite K
dba Chipotle Mexican Grill
MECHANICAL
Air Mechanical Inc.
Archer Mechanical
Heating & Cooling Two
Joel Smith Heating & A/ C
Knight Heating & A/ C
Northern's One Hour Heating
Professional Mechanical
T & S Heating and Air Conditioning
WJW Co dba/ Twin City Heating
GARBAGE HAULER
Ace Solid Waste, Inc.
Aspen Waste Systems, Inc.
Randy's Sanitation
RENTAL
INITIAL (TYPE II — two year license)
6813 Noble Avenue North
RENEWAL (TYPE III — one year license)
2916 67th Lane North
6607 Beard Avenue North
5807 Dupont Avenue North
5321 Freemont Avenue North
7119 Halifax Avenue North
5307 Penn Avenue North
RENEWAL (TYPE II — two year license)
7240 West River Road
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16411 Aberdeen Street NE, Ham Lake
1614 Cliff Road E, Burnsville
18550 County Rd 81, Maple Grove
13915 Lincoln Street NE, Ste. E, Ham Lake
13535 89th Street NE, Otsego
9431 Alpine Drive, Ramsey
8851 Research Center Rd, New Hope
8617 Ironwood Ave S, Cottage Grove
2713 91 st Crescent, Brooklyn Park
6601 McKinley Street NW, Ramsey
2951 Weeks Avenue SE, Minneapolis
P.O. Box 169, Delano
Brian Reese
David Bui
Ernie Zheng
Todd Havisto
(Missing 1 ARM meeting and cpted
follow-up)
Larry Norals
Jami Stromberg
Den Cleve Dossman IV
Nedzad Ceric
1330 67th Lane North
4806 691h Avenue North
6000 Bryant Avenue North
7044 Drew Avenue North
5740 Logan Avenue North
Mark Sibilev
Prosperous Property LLC.
Shirzad Raimi
Jennifer Lenhart/Jan Mohrfeld
Lin Shuang LLC
RENEWAL (TYPE I — three-year license)
5319 Queen Avenue North Karen Palek
4112 61St Avenue North Christina Duong
801 Woodbine Lane Mai Yia Chang
6c. RESOLUTION NO. 2016-88 APPOINTING ELECTION JUDGES
6d. RESOLUTION NO. 2016-89 RESOLUTION APPROVING TRANSFER OF
FUNDS FROM EARLE BROWN HERITAGE CENTER OPERATING
FUND TO EARLE BROWN HERITAGE CENTER CAPITAL FUND
6e. RESOLUTION NO. 2016-90 RESOLUTION APPROVING A TRANSFER
OF FUNDS FROM THE GENERAL FUND AND THE MUNICIPAL
LIQUOR STORE FUND TO THE CAPITAL IMPROVEMENTS FUND
6f. AN ORDINANCE AMENDING ORDINANCE NO. 2014-07 REGARDING
COUNCIL SALARIES FOR 2017-08
6g. RESOLUTION NO. 2016-91 RESOLUTION DECLARING A PUBLIC
NUISANCE AND ORDERING THE REMOVAL OF DEAD TREES
6h. RESOLUTION NO. 2016-92 RESOLUTION ACCEPTING BID AND
AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2016-13,
CONTRACT 16-I, WATER TOWER NO.3 RECONDITIONING
6i. RESOLUTION NO. 2016-93 RESOLUTION APPROVING AGREEMENT
BETWEEN DEPARTMENT OF TRANSPORTATION AND THE CITY OF
BROOKLYN CENTER FOR FEDERAL PARTICIPATION IN
CONSTRUCTION — AGENCY AGREEMENT NO. 99880
6j. RESOLUTION NO. 2016-94 RESOLUTION ACCEPTING BID AND
AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2016-08,
CONTRACT 16-B, NORTHPORT PARK SHELTER REPLACEMENT
6k. RESOLUTION NO. 2016-95 RESOLUTION APPROVING STATE OF
MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF
BROOKLYN CENTER ON BEHALF OF ITS CITY ATTORNEY AND
POLICE DEPARTMENT
Motion passed unanimously.
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7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
7a. RESOLUTION NO. 2016-96 EXPRESSING RECOGNITION AND
APPRECIATION OF SUSAN REMJESKE FOR OVER 15 YEARS OF
DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER
Mayor Willson read in full a Resolution expressing recognition and appreciation of Susan
Remjeske for over 15 years of dedicated service to the City of Brooklyn Center.
Councilmember Graves moved and Councilmember Myszkowski seconded to adopt
RESOLUTION NO. 2016-96
Motion passed unanimously.
8. PUBLIC HEARINGS
8a. ORDINANCE NO. 2016-06 AMENDING AN ORDINANCE AMENDING
SECTIONS 2.07, 3.01, 4.01, 4.02, 4.06, 4.07, 5.04, 5.05, 5.06, AND 5.10 OF
THE BROOKLYN CENTER CITY CHARTER
City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of
the proposed ordinance amendment relating to Sections 2.07, 3.01, 4.01, 4.02, 4.06, 4.07, 5.04,
5.05, 5.06, and 5.10 of the Brooklyn Center City Charter. It was noted this item was first read on
May 23, 2016; published in the official newspaper on June 2, 2016; and is offered this evening
for Public Hearing and adoption.
Councilmember Ryan moved and Councilmember Graves seconded to open the Public Hearing.
Motion passed unanimously.
No one wished to address the City Council.
Councilmember Graves moved and Councilmember Myszkowski seconded to close the Public
Hearing.
Motion passed unanimously.
Councilmember Myszkowski moved and Councilmember Lawrence -Anderson seconded to
adopt ORDINANCE NO. 2016-06 Amending Sections 2.07, 3.01, 4.01, 4.02, 4.06, 4.07, 5.04,
5.05, 5.06, and 5.10 of the Brooklyn Center City Charter.
Motion passed unanimously.
8b. ORDINANCE NO. 2016-07 AMENDING CHAPTER 3 OF THE CITY
CODE OF ORDINANCES REGARDING THE BUILDING CODE
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Deputy Director of Building and Community Standards Jesse Anderson introduced the item,
discussed the history, and stated the purpose of the proposed ordinance amendment relating to
Chapter 3 of the City Code of Ordinances Regarding the Building Code. It was noted this item
was first read on May 23, 2016; published in the official newspaper on June 2, 2016; and is
offered this evening for Public Hearing and adoption.
Councilmember Graves moved and Councilmember Myszkowski seconded to open the Public
Hearing.
Motion passed unanimously.
No one wished to address the City Council.
Councilmember Myszkowski moved and Councilmember Lawrence -Anderson seconded to close
the Public Hearing.
Motion passed unanimously.
Councilmember Ryan moved and Councilmember Lawrence -Anderson seconded to adopt
ORDINANCE NO. 2016-07 Amending Chapter 3 of the City Code of Ordinances Regarding the
Building Code.
Motion passed unanimously.
9. PLANNING COMMISSION ITEMS
9a. RESOLUTION NO. 2016-97 REGARDING THE DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2016-003 SUBMITTED
BY SENIOR HOUSING PARTNERS, FOR SITE AND BUILDING PLAN
APPROVAL OF A NEW 34 -UNIT, SENIOR INDEPENDENT LIVING
APARTMENT FACILITY ON THE MARANATHA SENIOR LIVING
COMMUNITY CAMPUS (LOCATED AT 5401 - 69TH AVENUE
NORTH)
Director of Business and Development Gary Eitel provided an overview of Planning
Commission Application No. 2016-003 and advised the Planning Commission recommended
approval of the application at its May 26, 2016, meeting.
Mayor Willson stated he believes the resolution should be amended to state "9 parking spaces"
instead of the currently stated "14 parking spaces". He stated the resolution should be consistent
to the actual number they intend to put into the space and noted if there is only room for 9
parking spaces than that is what it should state. Mr. Eitel agreed stating they can amend the
resolution to indicate only 9 parking spaces will be added.
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Councilmember Graves asked why the majority of the units they are adding are 2 -bedrooms.
John Mehrkens with Senior Housing Partners and Presbyterian Homes came forward and replied
that the addition of 2 -bedroom units is to allow couples in the early stages of transitional housing
to have that extra space. He stated it allows people to have space for visitors and separate rooms
if they wish. He noted they don't allow long term visitors to occupy the units but visitors are
allowed for a period of time.
Councilmember Ryan moved and Councilmember Graves seconded to approve Planning
Commission Application No. 2016-003 Regarding the Disposition of Planning Commission
Application No. 2016-003 Submitted by Senior Housing Partners, for Site and Building Plan
Approval of a New 34 -Unit, Senior Independent Living Apartment Facility on the Maranatha
Senior Living Community Campus (Located at 5401 - 69th Avenue North) as amended to state 9
parking spaces instead of 14.
Motion passed unanimously.
9b. RESOLUTION NO. 2016-77 REGARDING THE DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2016-007 SUBMITTED
BY ERIC T. DECKER, FOR SPECIAL USE PERMIT APPROVAL OF A
SPECIAL HOME OCCUPATION ALLOWING A PERSONAL FITNESS
TRAINING BUSINESS AS A HOME-BASED BUSINESS IN THE R-1 ONE
FAMILY RESIDENCE DISTRICT (LOCATED AT 4206 WOODBINE
LANE NORTH)
Director of Business and Development Gary Eitel provided an overview of Planning
Commission Application No. 2016-007 and advised the Planning Commission recommended
approval of the application at its June 16, 2016, meeting.
Mayor Willson stated he is concerned regarding the possible conflict between Planning
Commission Recommendation No. 7 and No. 14. He stated if there is a way to specifically list a
noise measurement then that would be better to ensure compliance. Mr. Eitel replied stating they
can use the MPCA noise standards to be more specific.
Mayor Willson stated he believes the resolution should state the number of clients allowed on
site at the same time, which is set at three people in the Planning Commission application. He
noted No. 14 of the recommendations allows up to ten people on site, so if the City is imposing a
three client limit on the site at the same time then, they should update the resolution to state that
specifically.
Councilmember Ryan asked for input from City Attorney Gilchrist on the issue. Attorney
Gilchrist stated he believes No. 14 of the recommendations is a fail-safe condition. He stated if
they want to be specific about a noise level from a legal standpoint having the specific
requirements in the conditions is best. He stated it is up to the City Council how they prefer to
state it.
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Mr. Boganey stated No. 14 of the recommendations covers the City Code for noise levels and
lays out what is acceptable as a City standard. He stated if a neighbor found the noise level
coming from Mr. Decker's business was too loud then he would most likely be violating No. 7
not necessarily No. 14 of the recommendations and conditions, the difference being the severity
and extent to which the noise is emanating. He stated having both these conditions in the
resolution is fine as it helps ensure noise levels are respectful to neighbors as well as it applies
the City Code to enforce even higher noise level violations should any occur.
Councilmember Ryan stated Mr. Boganey explained that well and noted he is fine with both
recommendations being laid out together in the resolution. He stated the Planning Commission
covered all bases in his opinion. Mayor Willson agreed with his sentiments.
Mayor Willson stated his only other concern is that he feels the limit of three clients being on site
at the same time should be specifically stated in the resolution as it is stated in the Planning
Commission application. Mr. Eitel stated he believed that approving the resolution is approving
what his application states technically.
Councilmember Lawrence -Anderson stated she feels they shouldn't impose further restrictions
based on the fact that the street out front of Mr. Decker's proposed business allows for parking as
well for additional clients. She stated she would like to ensure he can grow his business if he
wishes to do so within the ten clients at a time limit allowed per the City Code. Councilmember
Ryan agreed with her sentiments.
Mr. Boganey asked Attorney Gilchrist if the Special Use Permit being sought for this business
runs with the land or person. Attorney Gilchrist stated the permit remains with the land. He noted
it would be difficult in the future to find a buyer for this property with all the requirements and
restrictions imposed as a result of this permit.
It was the consensus of the City Council to approve the application and adopt the resolution as
currently written.
Councilmember Ryan moved and Councilmember Myszkowski seconded to approve Planning
Commission Application No. 2016-007 subject to the conditions set by Planning Commission
and adopt RESOLUTION NO. 2016-77 Regarding the Disposition of Planning Commission
Application No. 2016-007 submitted by Eric T. Decker, for Special Use Permit Approval of a
Special Home Occupation allowing a Personal Fitness Training Business as a Home -Based
Business in the R-1 One Family Residence District (Located at 4206 Woodbine Lane North).
Motion passed unanimously.
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-
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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.
10al. 6713 COLFAX AVENUE NORTH
10a2. 5301 DUPONT AVENUE NORTH
100. 5636 HUMBOLDT AVENUE NORTH
10a4. 5548 LOGAN AVENUE NORTH
10a5. RESOLUTION NO. 2016-99 APPROVING A TYPE IV RENTAL LICENSE
FOR 5700 CAMDEN AVENUE NORTH
10a6. RESOLUTION NO. 2016-100 APPROVING A TYPE IV RENTAL
LICENSE FOR 5332 LILAC DRIVE
100. RESOLUTION NO. 2016-101 APPROVING A TYPE IV RENTAL
LICENSE FOR 5301 RUSSELL 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:
6713 Colfax Avenue North; 5301 Dupont Avenue North; 5636 Humboldt Avenue North; 5548
Logan Avenue North, adopt RESOLUTION NO. 2016-99 Approving a Type IV Rental License
for 5700 Camden Avenue North, adopt RESOLUTION NO. 2016-100 Approving a Type IV
Rental License for 5332 Lilac Drive, and adopt RESOLUTION NO. 2016-101 Approving a
Type IV Rental License for 5301 Russell 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. RESOLUTION NO. 2016-102 AMENDING AND RESTATING
RESOLUTION NO. 2016-63; AUTHORIZING THE ISSUANCE, SALE,
AND DELIVERY OF ITS MULTIFAMILY HOUSING REVENUE BONDS
(SANCTUARY AT BROOKLYN CENTER PROJECT), SERIES 2016;
ADOPTING A HOUSING PROGRAM PURSUANT TO MINNESOTA
STATUTES, CHAPTER 462C; APPROVING THE FORM OF AND
AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS
AND RELATED DOCUMENTS; PROVIDING FOR THE SECURITY,
RIGHTS, AND REMEDIES WITH RESPECT TO THE BONDS; AND
GRANTING APPROVAL FOR CERTAIN OTHER ACTIONS WITH
RESPECT THERETO
Mr. Eitel introduced the item, provided a presentation on the history, and stated the purpose of
the proposed resolution.
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Councilmember Graves stated she feels positive about the project but had concerns before due to
the lengthy process in which it has been to get it moving. She stated it will be a good addition to
the City upon completion.
Mr. Boganey stated he and Mr. Eitel share in the frustration due to the lack of progress to date on
this project but noted the City and developer had no control over the situation. He stated in the
past the funding for this project would have been easier to receive but now things have changed
at the State level making it more difficult to obtain. He noted the changes at the State level
created the set -back, which was a surprise to the City as well as he believes to the developer.
Mayor Willson agreed with Mr. Boganey's sentiments and stated he is happy the project is
underway now.
Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION
NO. 2016-102 Amending and restating Resolution No. 2016-63; Authorizing the Issuance, Sale,
and Delivery of its multifamily housing revenue bonds (sanctuary at Brooklyn Center Project),
Series 2016; Adopting a housing program pursuant to Minnesota Statutes, Chapter 462c;
Approving the form of and authorizing the execution and delivery of the bonds and related
documents; providing for the security, rights, and remedies with respect to the bonds; and
granting approval for certain other actions with respect thereto.
Motion passed unanimously.
11. COUNCIL REPORT
Councilmember Ryan reported on his attendance at the following and provided information on
the following upcoming events:
• June 15, 2016: Visit Minneapolis North Meeting
• June 15-16, 2016: League of Minnesota Cities
• June 16, 2016: Tour of Minneapolis Airport Alternative Energy Plants
• June 21, 2016: Rockin Hollywood's Concert at the Amphitheater
• June 23, 2016: Dedication and Ribbon Cutting at the new Water Treatment Plant
• June 23, 2016: Rode in the Earle Brown Days Parade
• June 28, 2016: Multi -Cultural Advisory Board Meeting
Councilmember Myszkowski reported on her attendance at the following and provided
information on the following upcoming events:
• June 14, 2016: Earle Brown Days Board Meeting
• June 16, 2016: Northport Park Neighborhood Meeting
Councilmember Lawrence -Anderson reported on her attendance at the following and provided
information on the following upcoming events:
• June 16, 2016: Northport Park Neighborhood Meeting
• June 22, 2016: Odyssey Academy Board Meeting
• June 23, 2016: Observed the Earle Brown Days Parade
• June 25, 2016: Centennial Park Fireworks
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Councilmember Graves reported on his attendance at the following and provided information on
the following upcoming events:
• June 16, 2016: Northport Park Neighborhood Meeting
• June 21, 2016: Northeast Minneapolis Youth Outreach Parade
• June 23, 2016: Walked in the Earle Brown Days Parade
• June 25, 2016: Taught Yoga in the Park for Earle Brown Days
• June 25-26, 2016: Worked Downtown Minneapolis with Youth Outreach for the Pride
Festival
Mayor Willson reported on his attendance at the following and provided information on the
following upcoming events:
• June 14, 2016: League of Minnesota Cities Conference
• June 16, 2016: Northport Park Neighborhood Meeting
• June 21, 2016: Mayor Cable 12 Minutes Taping
• June 23, 2016: Dedication and Ribbon Cutting at the new Water Treatment Plant
• June 23, 2016: Rode in the Earle Brown Days Parade
12. ADJOURNMENT
Councilmember Ryan moved and Councilmember Graves seconded adjournment of the City
Council meeting at 8:30 p.m.
Motion passed unanimously.
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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
27, 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 July 11, 2016, Regular Session.
City Clerk Mayor
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