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Home My WebLink About2017 07-24 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 JULY 24, 2017 CITY HALL - COUNCIL CHAMBERS ii KSM1'A s] I,iISi'A&ii!tNi :t U WLSi,i.J[.i ii 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, Councilmembers Marquita Butler, April Graves, Kris Lawrence-Anderson, and Dan Ryan were present. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Director of Community Activities, Recreation and Services Jim Glasoe, Interim Communications Coordinator/Planning Specialist Angel Smith, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney Troy Gilchrist, and Carla Wirth, 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 Ryan moved and Councilmember Lawrence-Anderson seconded to close the Informal Open Forum at 6:45 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Ryan requested a moment of silence and personal reflection to seek the guidance of a Greater Power as the Invocation. 'I PtIISM1i] Diliti SI II1I I IDF}'IiU Dl I[II The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00 p.m. 4. ROLL CALL 07/24/17 -1- Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Director of Business and Development Gary Eitel, Deputy Director of Building and Community Standards Jesse Anderson, City Clerk Sharon Knutson, City Attorney Troy Gilchrist, City Prosecutor Joseph Murphy, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. WI] eI DIiDK1 *I)7 Councilmember Ryan moved and Councilmember Graves seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Work Session minutes of July 10, 2017, and the following consent items were approved: 6a, APPROVAL OF MINUTES 1.July 10, 2017— Study Session 2.July 10, 2017 - Regular Session 3. July 10, 2017 - Work Session 6b. LICENSES MECHANICAL Air Express, Inc. All Climate Mechanical Anderson's Residential Heating Appliance Connections, Inc. Northland Mechanical Contractor Residential Heating & A/C, Inc. RENTAL INITIAL (TYPE II - two-year license) 5412V2 Fremont Ave. N. RENEWAL (TYPE III— one-year license) 4214 Lakeside Ave. 5311 Emerson Ave. N. RENEWAL (T)PE II— two-year license) 6436 June Ave. N. RENEWAL (TYPE I - three-year license) 5120 Drew Ave. N. 5836 York Ave. N. 07/24/17 -2- 1010 118th Ave. NE, Blame 7944 University Ave. NE, Fridley 1628 County Rd 10 #34, Spring Lake Park 12850 Chestnut Blvd., Shakopee 9001 Science Center Dr., New Hope 1815 East 41St Street, Minneapolis Gary Anakkala James E. and Gloria R. Schoultz Kin Chew Jenny Pham Neng Xi Zhang Courtney Thao Tran SIGNHANGER KORT Sign Design 6146 Olson Memorial Hwy, Minneapolis Signminds, Inc. 1400 Quincy St., Minneapolis r e. RE, SOLUTION NO. 2017-105 DECLARING A PUBLIC NU FM[S1 DWiIAND ORDERING THE RE, MOVAL OF DEAD TREES 6d.RE, SOLUTION NO. 2017-106 -iii DECLARINGir PUBLICNUISANCE ORDERING THE .f,e. APPLICATION AND PERMIT FOR TEMPORARY ON-SALE LIQUOR LICENSE SUBMITTED BY ST. ALPHONSUS CATHOLIC CHURCH, 7025 HALIFAX AVENUE NORTH, FOR A SOCIAL EVENT TO BE HELD SEPTEMBER 29 THROUGH OCTOBER 1, 2017 1L 1iJ'SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR : COMMUNITY CENTER SUPPLEMENTAL HVAC UNIT PROJECT _ RESOLUTION ADOPTINGI[I NIl BROOKLYN CENTER 6h, RESOLUTION NO. 2017409 APPROVING THE AGREEMENT WITH NORTHERN CAPITAL INSURANCE GROUP AS THE CITY'S INSURANCE AGENT OF RECORD 6i.RESOLUTION NO. 2017-110 AMMENDING THE SPECIAL ASSESSMENT FEES FOR 6018 ALDRICH AVENUE N 6j.RESOLUTION NO. 2017-111 ACCEPTING BIDS AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 201740 AND 2017-11, 2017 PAYMENT, TRAFFIC SIGNAL SYSTEM AND TRAIL REHABILITATION IMPROVEMENTS (69T11 AVENUE AND FRANCE AVENUE) Motion passed unanimously. 1'. 1DI1IN WI N [I]A(II*WM IIS]I!JH D[E11k1 NI (I] IJiIIIi1 N (S]I1 None. &uia.m [N U ari i l[I+1 None. 9. PLANNING COMMISSION ITEMS 07/24/17 -.3- 9a. PLANNING COMMISSION APPLICATION NO. 2017-005 SUBMITTED BY JACK SHAW, SHAW CONSTRUCTION, REQUESTING SITE AND BUILDING PLAN APPROVAL FOR A 6,080 SF ADDITION WITH A MINOR AMENDMENT TO THE PUD/1-1 DEVELOPMENT AGRE EMENT Director of Business and Development Gary Eitel provided an overview of Planning Commission Application No. 2017-005 regarding the request by Jack Shaw, Shaw Construction, Inc., for approval of Site and Building Plan for a 6,080-sq. ft. addition (1,280 sq. ft. of showroom/office space and 4,800 sq. ft. of industrial space) with a minor amendment to the PUD/I-1 Development Agreement for 6601 Parkway Circle. He advised the Planning Commission recommended approval of the applications at its July 13, 2017, meeting. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2017-112 Regarding the Recommended Disposition of Planning Commission Application No. 2017-005 Submitted by Jack Shaw, Shaw Construction, Inc. Requesting Approval of Site and Building Plan for a 6,080-sq. ft. addition with a Minor Amendment to the PUD/I-1 Development Agreement for 6601 Parkway Circle. Mayor Willson thanked staff for working with the applicant and stated he is pleased this business will stay in Brooklyn Center. Motion passed unanimously. ilL EI1Ui[S1I SIS]k'1i II] I 11 U iS]IilNk'K1 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 1 Oal through 100. lOal. 904 53RD AVENUE NORTH 10a2. 5214 EWING AVENUE NORTH 100, RESOLUTION NO. 2017-113 APPROVING A TYPE IV 6-MONTH 07/24/17 -4- (IA!1 FffI]iMflN 111 1 111 aUI] A11I II IVI MIuJ U[S]tDU Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 904 53rd Avenue North; 5214 Ewing Avenue North; and, adopt RESOLUTION NO. 2017-113 Approving a Type IV 6-Month Provisional Rental License for 1425 55th 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. " City Manager Curt Boganey introduced the topic and advised that the property owner was delinquent in payment of first half taxes and City Code Section 12-901, subd. 9, requires rental licenses with three or more units to be current on payment of all utility fees, taxes, assessments, fines, penalties, or other financial claims due to the City on the licensed property. According to Code, the information was submitted to the City Council for holding of a hearing and determination on the dispensation of the license. Joseph Murphy, City Prosecutor's office, stated Keia IsaacsonlPBK Properties, LLC, is the owner of 4100 Lakebreeze Avenue N. and since this apartment comprises four units, the owner must remain current in payment of property taxes. He indicated the City confirmed with Hennepin County Taxpayer Services that on June 6, 2017, the first half 2017 property taxes on this property were unpaid. On June 6, 2017, City Clerk Knutson sent a letter to Keia Isaacson/PBK Properties, LLC notifying of the unpaid property taxes and payment must be paid within ten days. On June 26, City Clerk Knutson notified the City Prosecutor that property taxes were still not current and on the same date, the City Prosecutor mailed a letter and notice of proposed license action to Keia IsaacsonlPBK Properties, LLC. He noted that letter was not received by the property owner until June 29, 2017, but on June 28, 2017, Hennepin County confirmed the first half 2017 property taxes were paid in full including penalties and interest. Mayor Willson asked whether this is a newly constructed property. City Clerk Sharon Knutson stated the property was built in 1964; the owners are new and just applied for the rental license on December 2, 2016, and the license was issued on May 22, 2017. May 17, 2017, was the date property taxes were required to be paid and the City Council meeting was on May 22, 2017, so that was during the grace period in payment of taxes. She stated the City Code also provides for two other options, which are to not renew or to deny the license, but since this license is not pending initial approval or renewal, the two options for consideration are revocation and suspension. Councilmember Ryan asked whether the new owners were fully apprised of the City's ordinances and requirements. Ms. Knutson answered in the affirmative. Mayor Willson opened the floor for comment by the property owner, noting the property was not 07/24/17 -5- in attendance. Councilmember Ryan moved and Councilmember Butler seconded to open the hearing. Motion passed unanimously. No one appeared to speak. Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to close the hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded that given they are new licenses and the violation is cured, to suspend until all the fees, taxes, utilities, and financial obligations have been resolved. Mr. Boganey stated typically prior to the City Council determination, staff is directed to prepare a resolution with findings of fact. Mayor Willson stated the City Council could treat this matter as a first-time offense and allow it to go forward as the payment has been made. Or, as included in the motion, staff could be directed to suspend the license until the taxes are paid. In this case, the license would be suspended but since the taxes are paid, it would still move forward. City Attorney Gilchrist stated it appears the City Council supports directing staff to prepare a resolution for action by the Council at the next meeting. The motion on the floor directs staff to prepare a resolution to suspend the license conditioned on Code compliance (paying taxes). At the next meeting, the City Council would take action on that resolution; however, it would not have a punitive action on the property owners since the taxes have been paid. He advised of the importance of having findings in writing for the City Council's consideration. Councilmember Ryan moved and Councilmember Graves seconded to direct staff to prepare a resolution to the City Council to provide for suspension of this license in lieu of the owner making good on all financial commitments and taxes paid to the City. Councilmember Ryan stated in reviewing the recommendations from former City Attorney LeFevere, he would like the Council to be consistent in its actions in proportion and type of violation. Mayor Willson agreed and noted the Ordinance specifically states suspension or revocation and the message needs to be clear that their rental license will be suspended if property taxes are not paid. He stated he supports the motion as it suspends the rental license until the taxes are paid. Mr. Boganey stated this action will also create a clear record of the action and rationale for that action should there be subsequent violations. He noted the Ordinance requires a time period for the suspension and the motion mentions that time period as being payment of the taxes. Motion passed unanimously. 07/24/17 -6- L 4IiUhi IU i DI Il] I Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • July 11, 2017: Public Announcement for City of Brooklyn Center Branding Campaign • July 11, 2017: Public Roll Out for City's new Logo as part of the Branding Campaign • July 13, 2017: Helped the Housing Commission deliver Welcome Bags • July 17, 2017: Metro Cities Policy Committee Meeting on Regional Transportation Issues • July 17, 2017: Joint Meeting with Financial Commission • July 20, 2017: East Palmer Lake Park Neighborhood Area Meeting • July 21, 2017: Metro Cities Housing and Economic Development Committee • July 25, 2017: Community Dialogue Session Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: July 11, 2017: Media and Public Roll Out for City's new Logo as part of the Branding Campaign • July 17, 2017: Joint Meeting with Financial Commission o July 20, 2017: East Palmer Lake Park Neighborhood Area Meeting o July 25, 2017: Community Dialogue Session o July 28, 2017: Grand Opening and Ribbon Cutting of Boost Mobile Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • July 12-16, 2017: Young Elected Official National Convening and thanked the City for the opportunity to attend • July 20, 2017: East Palmer Lake Park Neighborhood Area Meeting • July 27, 2017: League of Minnesota Cities Racial Equity Training • August 1, 2017: National Night Out Councilmember Butler reported on her attendance at the following and provided information on the following upcoming events: o July 11, 2017: Public Roll Out for City's new Logo as part of the Branding Campaign o July 17, 2017: Joint Meeting with Financial Commission • July 19, 2017: Crime Prevention Meeting July 20, 2017: East Palmer Lake Park Neighborhood Area Meeting July 25, 2017: Community Dialogue Session Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • July 11, 2017: Press Roll Out for City's new Logo and Branding Campaign o July 11, 2017: Public Roll Out for City's new Logo as part of the Branding Campaign o July 14, 2017: Meeting with City Manager Boganey July 17, 2017: Joint Meeting with Financial Commission 07/24/17 -7- • July 18 2017: Rotary Club Meeting • July 20, 2017: East Palmer Lake Park Neighborhood Area Meeting Mayor Willson stated he is unable to attend the Boost Mobile Ribbon Cutting and asked Councilmember Ryan if he could attend in his place. Councilmember Ryan answered in the affirmative. Mayor Willson stated on the morning of same day he will provide a welcome to the Minnesota Summit on Parental and Youth Infant Exposure Conference at the Earle Brown Heritage Center. Mayor Willson stated today he requested a proclamation for an organization working with opioid addiction and newborns. He has noticed everyone is mentioning the opioid crisis in the United States and he firmly believes it has been induced over the past 4-5 years by pharmaceutical opioids as well as the number of opioids available. I Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded adjournment of the City Council meeting at 7:45 p.m. Motion passed unanimously. 07/24/17 -8- 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 July 24, 2017. 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 August 14, 2017, Regular Session. IVAk 9A"nA- / • /77 City Clerk Mayor 07/24/17 -9-