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Home My WebLink About2016 09-12 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 SEPTEMBER 12, 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, and Lin Myszkowski. Councilmember Dan Ryan was absent and excused. Also present were City Manager Curt Boganey, Interim Assistant to City Manager Reggie Edwards, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, 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. Brian Fellegy, 7005 Unity Avenue North, addressed the Councilmembers. He stated he enjoyed the water in the City for 16 years and since the install of the new water treatment plant his tap water has been ruined. He stated he can't drink the water, it has ruined his plants and his tap smells like a public pool due to the strong chlorine smell. He stated he has done research and found there are many harmful medical issues that can be caused by unsafe water including but not limited to bladder cancer. Tammy Sathme, 6038 Lilac Drive, addressed the Councilmembers regarding the water quality issue. She stated Mr. Fellegy summed it up pretty well. She stated her son told her he won't drink the water at home anymore due to the taste and smell of chlorine. She stated her hands are terribly dry and cracking something she noticed only in the past 6 months and she realized it is from the water and the chlorine. She stated she is concerned that it isn't safe and feels many others agree. Mayor Willson stated the water is safe to drink and all levels are within normal range. He noted the water is safer than it was in the past and the water treatment plant has helped greatly. Councilmember Myszkowski moved and Councilmember Graves seconded to close the Informal Open Forum at 6:59 p.m. 09/12/16 -1- Motion passed unanimously. 2.INVOCATION Mayor Willson stated he would like to take a moment of silence for those who have lost their lives and their loved ones to opiate addiction. 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, and Lin Myszkowski. Councilmember Dan Ryan was absent and excused. Also present were City Manager Curt Boganey, Interim Assistant to City Manager Reggie Edwards, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Director of Community Activities, Deputy Director of Building and Community Standards Jesse Anderson, Fire Chief Lee Gatlin, 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 Lawrence-Anderson moved and Councilmember Graves seconded to approve the Agenda and Consent Agenda and the following consent items were approved: 6a. APPROVAL OF MINI JTES 1.August 17, 2016 - Legislative Session with Congressman Ellison 2.August 22, 2016 - Study/Work Session 3.August 22, 2016 - Regular Session 4.August 29, 2016 - Joint Work Session with Financial Commission 6b. LICENSES MECHANICAL Murray's Plumbing, LLC Comfort Matters Heating & Cooling Galaxy Mechanical, Inc. SHC Mechanical, Inc. 19523 Jackson St NE, Cedar 11238 River Rd NE, Hanover 4920173 d Ave NE, Ham Lake 4728 Bedford Rd, Mound 09/12/16 -2- Treated Air Company Superior Heating, A/C SIGNHANGER Cross Country Sign & Neon, Inc TruSigns RENTAL INITIAL (TYPE III - one-year license) 2325 Ericon Drive INITIAL (TYPE II— two-year license) 2329 55th Ave N 4207 Lakeside Ave, #323 4741 Twin Lake Ave RENEWAL (TYPE III— one-year license) 1600 71st Ave North 5214 Drew Ave North 7025 Drew Ave North 6300 France Ave North 5310 Knox Ave North 3024 Nash Road 7156 Unity Ave North RENEWAL (TYPE II two-year license) 282467 th Lane North 1308 68th Lane North 1309 6811 Lane North 5418 701h Circle 130072 nd Ave North 5325 France Ave North 5931 Halifax Place 1537 Humboldt Place North 4013 Joyce Lane 6437 Kyle Ave North 166th Court SE, Becker 3731 Thurston Ave Suite 108, Anoka 14800 170 th Ave, Foreston 14505 21st Ave N, Ste 221, Plymouth Ross Herman Sara Corbin Douglas Holiman John Busch RHA 3, LLC Paris & Nicole Fadden Dave Swartout Wade Klick Douglas Allen Wahl James Hardy Morgan Michelle Shaffer Molly Collins Konrad Wagner do Phil Beaumia Amanda Frost/Nelson Douglas Allen Wahl Marinela & Scott Selseth David Goeske Jerilou Wiedmeyer ShoeMiller Properties LLC Fredrick Heim Sheng Lee RENEWAL (T)'PE I— three-year license) 5408 Girard Ave North Michaele Gardner 2841 Lane North Brooke Berner 6600 Dupont Ave North Thomas Le 6e. APPROVAL OF APPLICATION AND PERMIT FOR TEMPORARY ON - SALE LIQUOR LICENSE SUBMITTED BY THE LOPPET FOUNDATION FOR AN EVENT TO BE HELD AT SURLY BREWING 09/12/16 -3- COMPANY, 4811 DUSHARME DRIVE, BROOKLYN CENTER, ON OCTOBER 15, 2016 6d.RESOLUTION NO. 2016-137 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2016-06, FREEWAY BOULEVARD MILL AND OVERLAY (EAST OF XERXES AVENUE) STREET IMPROVEMENTS 6e.AN ORDINANCE AMENDING CHAPTER 35— ZONING OF THE CITY CODE OF ORDINANCES REGARDING THE REGULATION OF FLOODPLAIN MANAGEMENT WITHIN THE CITY OF BROOKLYN CENTER, MINNESOTA —Approve first reading of ordinance and set second reading and Public Hearing for October 10, 2016. 6f. RESOLUTION NO. 2016-138 APPROVING THE METROPOLITAN EMERGENCY SERVICES BOARD OPIATE ANTAGONISTS SUBGRANT AGREEMENT Motion passed unanimously. 7.PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2016-139 EXPRESSING RECOGNITION AND APPRECIATION OF ANNA BURKE FOR HER DEDICATED PUBLIC SERVICE ON THE FINANCIAL COMMISSION Mayor Willson read in full a Resolution expressing recognition and appreciation of Anna Burke for her dedicated public service on the Financial Commission and presented the resolution to Ms. Burke. Councilmember Graves moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2016-139 Expressing Recognition and Appreciation of Anna Burke for Her Dedicated Public Service on the Financial Commission. Motion passed unanimously. 8.PUBLIC HEARINGS 8a. PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT NUISANCE ABATEMENT COSTS, DELINQUENT ADMINISTRATIVE FINES! CITATIONS, AND DELINQUENT ADMINISTRATIVE VACANT BUILDING REGISTRATIONS Councilmember Graves moved and Councilmernber Myszkowski seconded to open the Public Hearing. 09/12/16 -4- Motion passed unanimously. No one wished to address the Council. Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. 1.RESOLUTION NO. 2016-140 CERTIFYING SPECIAL ASSESSMENTS FOR NUISANCE ABATEMENT COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Myszkowski moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2016-140 Certifying Special Assessments for Nuisance Abatement Costs to the Hennepin County Tax Rolls. 2.RESOLUTION NO. 2016-141 CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE VACANT BUILDING REGISTRATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Graves moved and Councilmember Myszkowski seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2016-141 Certifying Special Assessments for Administrative Vacant Building Registration Costs to the Hennepin County Tax Rolls. 3. RESOLUTION NO. 2016-142 CERTIFYING SPECIAL ASSESSMENTS FOR ADMINISTRATIVE FINES/CITATION COSTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Myszkowski moved and Councilmember Graves seconded to open the Public Hearing. 09/12/16 -5- Motion passed unanimously. Lisa Yankton, 5615 Fremont Ave North, wrote a letter that Councilmember Graves read on her behalf. She stated she would like to object to $125.00 penalty/citation fee and the $40.00 special assessment fee for her property. She noted she made attempts to get an extension and didn't receive any responses to her messages she left for staff. She stated she was directed to make this request to the City Council from Xiong Thao with the City. Kodjo Oyegade, 6236 Chowen Lane North, addressed the Councilmembers. He stated he was appealing the penalty and assessment fee associated with this property. He stated there was a refrigerator on his property when he bought the home that was not removed right away. He got a notice to move it and at that time it was winter and too cold to move the item and as a result he got the fees. Mayor Willson stated those with questions on what the next step in the process of appealing the penalties are should speak with Deputy Director of Building and Community Standards Jesse Anderson and he directed Mr. Oyegade to Mr. Anderson in the audience. Matt Joseph, 2836 Colfax Avenue South, Minneapolis addressed the Councilmembers. He stated he owns the rental property located at 5930 Camden Avenue North and would like to appeal three of the last fines that his tenants were assessed. He stated he had not received any citations or letters regarding these issues and believes it was due to his address being incorrect within the City. He stated he has filed for eviction for the tenants who have received the citations and they are no longer residents after next month. He noted if he had gotten notice of these issues, he would have tried to assist with the problems to hopefully correct the problems before citations and assessments were given. Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to close the Public Hearing. Motion passed unanimously. Councilmember Myszkowski moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2016-142 Certifying Special Assessments for Administrative Fines/Citation Costs to the Hennepin County Tax Rolls, without subsequent contested properties. Motion passed unanimously. 8b. PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS Councilmember Myszkowski moved and Councilmember Graves seconded to open the Public Hearing. Motion passed unanimously. 09/12/16 -6- No one wished to address the Council. Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to close the Public Hearing. Motion passed unanimously. 1. RESOLUTION NO. 2106-143 CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Graves moved and Councilmember Myszkowski seconded to adopt RESOLUITION NO. 2016-143 Certifying Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Tax Rolls. 8c. FRANCHISE FEES FROM XCEL ENERGY AND CENTERPOINT ENERGY Councilmember Graves moved and Myszkowski Councilmember seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. 1.ORDINANCE NO. 2016-09 AMENDING ORDINANCE NO. 2003-22 5 EXHIBIT A; XCEL ENERGY ELECTRIC FRANCHISE FEE SCHEDULE Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to approve Ordinance No. 2016-09 Amending Ordinance No. 2003-22, Exhibit A; Xcel Energy Electric Franchise Fee Schedule. 2.ORDINANCE NO. 2016-10 AMENDING ORDINANCE NO. 2003-23, EXHIBIT A; CENTERPOINT ENERGY OPERATIONS WITHIN THE CITY OF BROOKLYN CENTER FEE SCHEDULE Councilmember Graves moved and Councilmember Myszkowski seconded to open the Public Hearing. Motion passed unanimously. 09/12/16 -7- No one wished to address the Council. Councilmember Myszkowski moved and Councilmember Graves seconded to close the Public Hearing. Motion passed unanimously. Councilmember Graves moved and Lawrence-Anderson Councilmember Myszkowski seconded to adopt Ordinance No. 2016-10 Amending Ordinance No. 2003-23 Exhibit A; Centerpoint Energy Operations Within the City of Brooklyn Center Fee Schedule. 9.PLANNING COMMISSION ITEMS 9a1. RESOLUTION NO. 2016-144 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2016-008, SUBMITTED BY HARSHAL PATEL WITH BROOKLYN CENTER HOTEL GROUP, LLC FOR SITE AND BUILDING PLAN APPROVAL OF A NEW 4- STORY 82-ROOM FAIRFIELD INN AND SUITES HOTEL (LOCATED AT 6250 EARLE BROWN DRIVE) Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2016-008 and advised the Planning Commission recommended approval of the application at their August 25, 2016 meeting. Councilmember Graves asked how many jobs this will create. Mr. Benetti stated he believes about 3-4 jobs. Councilmember Lawrence-Anderson asked when they expect to break ground if approved. Mr. Benetti replied they plan to have it ready and running by 2017 for the Super Bowl. Councilmember Lawrence-Anderson also stated it is nice people will have options on different hotel price points. Councilmember Graves asked if they will have a restaurant. Mr. Benetti stated no, they will not have a normal restaurant just a breakfast for guests. Councilmember Myszkowski moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2016-144 Regarding the Disposition of Planning Commission Application No. 2016-008 For Site and Building Plan Approval of a New4-Story 82-Room Fairfield Inn and Suites Hotel (located at 6250 Earle Brown Drive). 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. 09/12/16 -8- 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 10a4. lOal. 5943 COLFAX AVENUE NORTH 10a2. RESOLUTION NO. 2016-145 APPROVING A TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 3000 62ND AVENUE NORTH 100. RESOLUTION NO. 2016-146 APPROVING A TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 4013 65TH AVENUE NORTH 10a4. RESOLUTION NO. 2016-147 APPROVING A TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5748 HUMBOLDT AVENUE NORTH Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 5943 Colfax Avenue North; and adopt RESOLUTION NO. 2016-145 Approving a Type IV Rental License for 3000 62nd Avenue North; RESOLUTION NO. 2016-146 Approving a Type IV Rental License for 4013 65th Avenue North; and, RESOLUTION NO. 2016-147 Approving a Type IV Rental License for 5748 Humboldt 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. lOb. RESOLUTION NO. 2016-148 AWARDING THE SALE OF $5,655,000 GENERAL OBLIGATION IMPROVEMENT AND UTILITY REVENUE BONDS, SERIES 2016A FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Nate Reinhardt provided a presentation and background on this item and noted Mr. Doug Green with Springsted, Inc., Brooklyn Center's Financial Advisor, is present as well to answer any questions the Council may have. Councilmember Myszkowski moved and Councilmember seconded to adopt RESOLUTION NO. 2016-148 Awarding the sale of $5,655,000 General Obligation Improvement and Utility Revenue Bonds, Series 2016A Fixing their Form and Specifications; Directing their Execution and Delivery; and Providing for their Payment. Motion passed unanimously. lOc. RESOLUTION NO. 2016-149 CONSIDERING THE APPEAL OF 09/12/16 -9- SPECIAL ASSESSMENT DEFERRAL FOR 3506 WOODBINE LANE SUBMITTED BY ALIE AND ABIOSEH KAMARA Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Ms. Kamara addressed the Councilmembers regarding the appeal of the special assessment deferral for her property. She stated she and her husband have limited fixed income and they can't afford the fees. Mayor Willson stated he understands her issues and is sorry to hear about it. He stated the income limits for the deferral are set and unfortunately their income is over the limit by approximately $7,000. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2016-149 Considering the Appeal of Special Assessment Deferral for 3506 Woodbine Lane. Motion passed unanimously. 11.COUNCIL REPORT Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • August 29, 2016: Attended Joint Budget Work Session with Financial Commission • August 31, 2016: Attended Open House at 3301 Poe Ave North, Neighborhood Stabilization program. Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: August 29, 2016: Attended Joint Budget Work Session with Financial Commission Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • August 29, 2016: Attended Joint Budget Work Session with Financial Commission • August 30, 2016: Attended Park Development Board Meeting for the Minneapolis Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • August 24, 2016: Attended Fair Housing Advisory Committee Meeting • August 29, 2016: Attended Joint Budget Work Session with Financial Commission 12.ADJOURNMENT Councilmember Lawrence-Anderson moved and Councilmember Graves seconded adjournment of the City Council meeting at 8:40 p.m. Motion passed unanimously. 09/12/16 -10- 09/12/16 -11- STATE OF MINNESOTA) COUNTY OF HENNEP[N) 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 September 12, 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 September 26, 2016, Regular Session. 1AJ via I1 Mayor 09/12/16 -12