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Home My WebLink About2016 10-24 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 OCTOBER 24, 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, Lin Myszkowski, Kris Lawrence- Anderson and Dan Ryan were present. Also present were Interim Assistant to City Manager Reggie Edwards, Planning and Zoning Specialist Tim Benetti, Director of Community Activities, Recreation and Services Jim Glasoe, Police Chief Tim Gannon, 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. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the Council. Councilmember Ryan moved and Councilmember Graves seconded to close the Informal Open Forum at 6:49 p.m. Motion passed unanimously. 2.INVOCATION None this evening. 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, Lin Myszkowski, Lawrence-Anderson and Dan Ryan were present. Also present were Interim Assistant to City Manager Reggie 10/24/16 -1- Edwards, Planning and Zoning Specialist Tim Benetti, Director of Community Activities, Recreation and Services Jim Glasoe, Police Chief Tim Gannon, 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 Ryan moved and Councilmember Myszkowski seconded to approve the Agenda and Consent Agenda as amended, with corrections to the October 10, 2016, Regular Session minutes and moving Consent Agenda Item No. 6j to Item No. 8a for Public Hearing, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.October 3, 2016 - Joint Work Session with Financial Commission 2.October 10, 2016 - Study/Work Session 3.October 10, 2016 - Regular Session 4.October 10, 2016 - Work Session 6b. LICENSES GASOLINE SERVICE STATION Brookdale Holiday Northern Tier Energy Super America Super America Super America MECHANICAL Mespo Heating and Cooling Inc TOBACCO RELATED PRODUCT Brookdale Holiday Brooklyn Center Municipal #1 Brooklyn Center Municipal #2 Family Dollar Inc. Northern Tier Energy Super America Super America Super America RENTAL INITIAL (TYPE II - two-year license) 5710 Xerxes Avenue North 190157 th Avenue North 6950 Brooklyn Boulevard 6545 West River Road 8448 Logan Avenue North 5710 Xerxes Avenue North 5625 Xerxes Avenue North A 6930 Brooklyn Boulevard 6211 Brooklyn Boulevard 1901 57th Avenue North 6950 Brooklyn Boulevard 6545 West River Road 10/24/16 -2- 5101 63 rd Avenue North RENEWAL (TYPE III - one-year license) 1510 691h Avenue North RENEWAL (TYPE II - two-year license) 3819 Burquest Lane 6538 Ewing Avenue North RENEWAL (TYPE I - three-year license) 210055 th Avenue North 2930 68th Lane North 532872 nd Circle 5937 Abbott Avenue North 6936 Unity Avenue North Adedamola Ogundipe Marsha Ann Darnell Amir Chaoki TuUyen Tran Cindy & Raymond Scherbing Venessa Reuter Shuxing (Mark) Sun & Manying Sun Mark Crost Paul Johnson 6c.RESOLUTION NO. 2016-169 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DEAD TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA 6d.RESOLUTION NO. 2016-170 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA 6e.RESOLUTION NO. 2016-171 AUTHORIZING TRAILHEAD PARKING AND SIGNAGE AND PLAY NODE INSTALLATION EASEMENT AGREEMENTS FOR CENTENNIAL PARK 6f.RESOLUTION NO. 2016-172 ESTABLISHING THE INTEREST RATE FOR 2017 SPECIAL ASSESSMENTS 6g.RESOLUTION NO. 2016-173 ESTABLISHING 2017 STREET AND STORM DRAINAGE SPECIAL ASSESSMENT RATES 6h.RESOLUTION NO. 2016-174 ACCEPTING A FEASIBILTY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2017-01, 02, 03, 04 AND 05, EVERGREEN PARK AREA STREET, UTILITY AND TRAIL IMPROVEMENTS 6i. RESOLUTION NO. 2016-175 DECLARING COSTS TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2017-01, 02, EVERGREEN PARK AREA STREET AND STORM DRAINAGE IMPORVEMENTS 10/24/16 -3- 6j.RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS WITHIN LOT 2, BLOCK 1, BROOKLYN FARM 2ND ADDITION —This item was removed from the Consent Agenda and moved to Public Hearing Item No. 8a. 6k.RESOLUTION NO. 2016-176 SETTING 2017 EMPLOYER BENEFITS CONTRIBUTION FOR FULL-TIME NON-UNION EMPLOYEES 61. RESOLUTION NO. 2016-177 COMMITTING THE CITY OF BROOKLYN CENTER TO WORK COLLABRATIVELY TO PROMOTE GREATER ECONOMIC STABILITY, THE ELIMIATION OF ECONOMIC RACIAL DISPARITIES, AND A MUTUALLY PROPEROUS COMMUNITY FOR ALL BROOKLYN CENTER RESIDENTS, BUSINESSES, AND ENTREPRENEURS 6m. ORDINANCE AMENDING CHAPTER 23 OF THE CITY CODE OF ORDINANCES ADDING SECTIONS 23-2400 THROUGH 23-2414 REQUIRING LICENSES FOR TRANSIENT ACCOMODATIONS —Approve first reading and set second reading and Public Hearing for November 28, 2016. Motion passed unanimously. 7. PRESENTATIONSIPROCLAMATIONSIRECOGNITIONSIDONATIONS 7a.PROCLAMTION DECLARING OCTOBER 24, 2016, TO BE DESIGNATED AS RANDOM ACTS OF KINDNESS DAY Mayor Willson read in full a Proclamation Declaring October 24, 2016, to be designated as Random Acts of Kindness Day. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded declaring October 24, 2016, to be designated as Random Acts of Kindness Day. Motion passed unanimously. 7b.RANDOM ACTS OF KINDNESS PRESENTATION OF RECOGINITION AND CERTIFICATE CEREMONY Mayor Willson presented all nominees who were being recognized for their Random Acts of Kindness with their certificates. The Councilmembers thanked all the citizens for their kindness being contributed to the Community and other citizens. 7c. NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ANNUAL REPORT 10/24/16 -4- Susan Blood, Northwest Hennepin Human Services Council Executive Director, provided a presentation and background on what services Northwest Hennepin Human Services Council provides to the community. Councilmember Ryan moved and Councilmember Graves seconded to receive Northwest Hennepin Human Services Council Annual Report. Motion passed unanimously. 8.PUBLIC HEARINGS 8a. RESOLUTION NO. 2016-178 VACATING DRAINAGE AND UTILITY EASEMENTS WITHIN LOT 2, BLOCK 1, BROOKLYN FARM 2ND ADDITION Councilmember Ryan moved and Councilmember Graves seconded to open the public hearing. Motion passed unanimously. No one wished to address the 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 RESOLUTION NO. 2016-178 Vacating Drainage and Utility Easements Within Lot 2, Block 1, Brooklyn Farm 2'd Addition. Motion passed unanimously. 9.PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2016-009, SUBMITTED BY GATLIN DEVELOPMENT COMPANY, REQUESTING APPROVAL OF A PLANNED UNIT DEVELOPMENT AMENDMENT NO. 8 TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT, LOCATED AT 1150, 1050, 1020, 1000, 1100 SHINGLE CREEK CROSSING AND 2501 COUNTY ROAD 10 9a1. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2016-009, SUBMITTED BY GATLIN DEVELOPMENT COMPANY, REQUESTING APPROVAL OF A PLANNED UNIT DEVELOPMENT AMENDMENT NO. 8 TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT 10/24/16 -5- (LOCATED AT 1150, 1050, 1020, 1000, 1100 SHINGLE CREEK CROSSING AND 2501 COUNTY ROAD 10) Planning and Zoning Specialist Tim Benetti provided a presentation with background and details on this item. Mayor Willson stated at this point he isn't prepared to approve this PUD; he believes this property isn't going to give the retail feeling they were wanting for that location. He stated whatever is put in that space needs to provide traffic and give synergy to surrounding buildings. Councilmember Ryan asked what the purpose of building "W" is in the updated PUD. Mr. Benetti stated this building is mainly to provide screening per Mr. Gatlin's initial plan. Mayor Willson asked how many jobs this new storage business could create. Mr. Deanovic stated it will create three job openings. Mayor Willson stated he has a hard time justifying using TIF dollars on this business when it will not put much back to the community. Mayor Willson stated in his opinion, this PUD is one that feels like they are settling instead of sticking with the plan they have had in mind for this area for a long time. Councilmember Myszkowski stated she has comfort knowing something will be going into that space provided it has been vacant for so long. She noted that while the City has wanted to put retail stores in that space, she doesn't think it will turn out well right now with the market the way it is. She stated her two adult daughters and many millennials would rather shop online so she is concerned with putting in a lot of retail stores. Councilmember Graves agrees with Councilmember Myszkowski; however, she isn't pleased with this building being a staple in the corner with a great deal of visibility that a storage business is what they want to put in there. She also feels the plan and PUD was moving too fast and with the Planning Commission being split on which direction to move forward with this PUD. Councilmember Graves stated she can't agree to move forward with this at this time as she needs more information. Mayor Willson stated tonight the City Council can choose to approve the PUD and it will move forward with the storage space. Or, if the City Council does not approve the PUD, they may have an option to look at this in more depth. Councilmember Ryan stated the issue here is the location of building "Y". He feels the Extra Space facility they are proposing is very nice; however, it is an unfortunate location. He noted the residents have expressed interest that they want retail stores in that location and he can't support the PUD at this time either. Mayor Willson moved and Councilmember Myszkowski seconded to direct staff to bring back a resolution on findings and reasoning on the City Council's decision to deny approval of this PUD this evening for City Council review at their next meeting. 10/24/16 -6- Motion passed unanimously. 9b. A REQUEST SUBMITTED BY THE CITY OF BROOKLYN CENTER, MINNESOTA, ACTING ON BEHALF OF THE CITY'S ECONOMIC DEVELOPMENT AUTHORITY (EDA) AUTHORIZING APPROVAL OF A SIMPLE LAND DIVISION OF EDA OWNED LAND, FOR THE BENEFIT OF THE NEW FAIRFIELD INN AND SUITES HOTEL, LOCATED AT 6250 EARLE BROWN DRIVE 9b1. RESOLUTION NO. 2016-179 REGARDING A REQUEST SUBMITTED BY THE CITY OF BROOKLYN CENTER, MINNESOTA ACTING ON BEHALF OF THE CITY'S ECONOMIC DEVELOPMENT AUTHORITY (EDA) AUTHORIZING APPROVAL OF A SIMPLE LAND DIVISION OF EDA OWNED LAND, FOR BENEFIT OF THE NEW FAIRFIELD INN AND SUITES HOTEL (LOCATED AT 6250 EARLE BROWN DRIVE) Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2016-180 Authorizing Approval of a Simple Land Division of EDA Owned Land, for Benefit of the New 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. 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. 5240 DREW AVENUE NORTH 10a2. 3307 63RD AVENUE NORTH 10a3. 6225 JUNE AVENUE NORTH 10a4. 6900 NEWTON AVENUE NORTH 10a5. RESOLUTION NO. 2016-180 APPROVING A TYPE IV RENTAL LICENSE FOR 5101-03 XERXES AVENUE NORTH 10a6. RESOLUTION NO. 2016-181 APPROVING A TYPE IV RENTAL LICENSE FOR 5556 EMERSON AVENUE NORTH 10a7. RESOULTION NO. 2016-182 APPROVING A TYPE IV RENTAL LICENSE FOR 4201 WINCHESTER LANE 10a8. RESOLUTION NO. 2016-183 APPROVING A TYPE IV RENTAL LICENSE FOR 6013 ZENITH AVENUE NORTH 10/24/16 -7- 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: 5240 Drew Avenue North; 3307 63rd Avenue North; 6225 June Avenue North; 6900 Newton Avenue North; and, adopt RESOLUTION NO. 2016-181 Approving a Type IV Rental License for 5101-03 Xerxes Avenue North; adopt RESOLUTION NO. 2016-182 Approving a Type IV Rental License for 5556 Emerson Avenue North; adopt RESOLUTION NO. 2016-183 Approving a Type IV Rental License for 4201 Winchester Lane; and, RESOLUTION NO. 2016- 184 Approving a Type IV Rental License for 6013 Zenith 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. 2016-184 ADDRESSING APPEAL OF CERTAIN RENTAL INSPECTION COMPLIANCE ORDERS FOR 4819 AZELIA AVENUE NORTH IN BROOKYLN CENTER, MINNESOTA Deputy Director of Building and Community Standards Jesse Anderson provided a presentation on the background and details on this item. Councilmember Ryan stated he thinks they should have a due date for compliance of the violations. Mayor Willson stated he agrees with Councilmember Ryan and feels there should a date for compliance and he isn't opposed to giving her a year to comply. Councilmember Ryan moved and Councilmember Graves seconded to open the public hearing. Motion passed unanimously. No one wished to address the Council. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the public hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2016-185 Addressing Appeal of Certain Rental Inspection Compliance Orders for 4819 Azelia Avenue North in Brooklyn Center, Minnesota, as amended to include a due date of one year for compliance. Motion passed unanimously. 11. COUNCIL REPORT 10/24/16 -8- Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • October 13, 2016: Attended the Planning Commission Meeting • October 14, 2016: Attended a meeting with Brooklyn Center residents at Shingle Creek Crossing • October 17, 2016: Attended Joint Work Session with Financial Commission • October 19, 2016: Attended a Public Forum on Police Community Relations at Park Center High School Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming event: • October 17, 2016: Attended Joint Work Session with Financial Commission Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • October 14, 2016: Attended a meeting with Brooklyn Center residents at Shingle Creek Crossing • October 17, 2016: Attended Joint Work Session with Financial Commission • October 18, 2016: Attended Housing Commission Meeting • October 19, 2016: Attended a Public Forum on Police Community Relations at Park Center High School Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • October 17, 2016: Attended Joint Work Session with Financial Commission • October 18, 2016: Attended Parks & Recreation Meeting • October 24, 2016: Attended Brooklyn Center Youth Council Meeting Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • October 11, 2016: Cable 12 Minutes Taping • October 12, 2016: Attended BAMA Meeting • October 13, 2016: Attended the Blueline CMC Meeting • October 14, 2016: Attended a meeting with Amy Hunter • October 17, 2016: Attended Joint Work Session with Financial Commission 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Graves seconded adjournment of the City Council meeting at 9:04 p.m. Motion passed unanimously. 10/24/16 -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 October 24, 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 November 14, 2016, Regular Session. City Clerk Mayor 10/24/16 -10-