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HomeMy WebLinkAbout2017 12-11 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 DECEMBER 11, 2017 CITY HALL - COUNCIL CHAMBERS 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 Marquita Butler, Kris Lawrence-Anderson, and Dan Ryan. Councilmember April Graves was absent and excused. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Director of Business and Development Gary Eitel, Communications Coordinator Angel Smith, Interim Community Development Director Michael Ericson, Planner and Zoning Administrator Ginny McIntosh, Engineering Technician IV Jay Hill, Public Works Director Doran Cote, 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. Bill Talmadge, 5406 Logan Avenue N., stated his concern relating to panhandling that is aggressive or impacts traffic flow. He stated residents are also fed up with panhandling and while he knows panhandling in a non-aggressive manner is not an illegal activity, it intimidates residents when they are aggressively approached, traffic is impeded, and debris is left behind. Mr. Talmadge stated he understands the City wants to be prudent with its resources but the problem persists. He listed locations where aggressive panhandling occurs and suggested placards or signs with wording to educate the public at the point panhandling and vehicles meet. Ralph Neinas, 3920 52nd Avenue N., stated he is a 30-year resident and wants to address the railroad crossing at Azelia Avenue N. and 50th Avenue N. where the trains block that intersection for as long as 45 minutes to 1 hour. Mr. Neinas stated he used to work for the railroad and knows they are only allowed 10 minutes. He stated he received a letter on February 14, 2017, and asked when something is going to happen. Mayor Willson agreed this is a situation, so staff had met with the railroad, who is aware of the problem, and while they said they will take steps to avoid it, there will be 5-15 minute blockage at times based on Federal regulations in how the trains are put together. 12/11/17 -1- Mr. Neinas stated his opinion that the Federal government is not hearing the City's concerns and expressed his own concern someone waiting in a car may be robbed or attacked by a gang member. Mr. Neinas stated he was blocked at this intersection in October so he wanted to address his concern with the City Council. Mayor Willson stated another option is to alert drivers before they get blocked at that intersection so they know to detour around that location. City Manager Boganey stated the City Attorney had been asked to research how long the train can legally be stopped on the track. City Attorney Troy Gilchrist advised the Statute does have a time limitation but in communication with the railroad, they indicated that Statute does not apply to them as they are instead subject to federal regulations. Mr. Gilchrist stated the City explained its concerns with emergency response and continues to hold those conversations to find a resolution. Mayor Willson offered to meet with Mr. Neinas and the City Manager to further address this topic. Robert Marvin, 4711 Twin Lake Avenue, stated the three Twin Lake Associations have also talked with the railroad about that issue as well as the abandoned wooden piers under the trestle that have damaged boats. Mr. Marvin stated when they raised these concerns, the railroad's response was that they will fix it if they get an order from a jurisdiction that has the authority. Mayor Willson closed the Informal Open Forum at 6:59 p.m. 2. INVOCATION Mayor Willson commented on the current fires burning in California, loss of lives, homes, and property, and requested a moment of silence and personal reflection as the Invocation. U (III] 1I] Ma .1 3(I1UPi 1 III1 kI 3I'L'4 I DI DIN Ii[l 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 Marquita Butler, Kris Lawrence-Anderson, and Dan Ryan. Councilmember April Graves was absent and excused. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Director of Business and Development Gary Eitel, Communications Coordinator Angel Smith, Interim Community Development Director Michael Ericson, Planner and Zoning Administrator Ginny McIntosh, Engineering Technician IV Jay Hill, Public Works Director Doran Cote, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. UDI 1111 LI] II UI D(1 V[SJ 12/11/17 -2- The Pledge of Allegiance was recited. r1. 'i J .J UIA'L Ni] 7UI I 7VkI IZESiI11 W'DI 3II7.'i Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.November 27, 2017 - Study/Work Session 2.November 27, 2017 - Regular Session 3.November 27, 2017 - Work Session 4.December 4, 2017 —2017 Budget Hearing 5.December 4, 2017—Special Session 6b. LICENSES GASOLINE SERVICE STATION Holiday Stationstore #292 420 66' Avenue N. Kabalan Co. dba: Pump N Munch 1505 69th Avenue N. Holiday Stationstore #2099 6890 Shingle Creek Parkway LIQUOR - CLASS A ON-SALE INTOXICATING Apple Minnesota LLC dba Applebee's Neighborhood Grill & Bar 1400 Shingle Creek Crossing 2200 Beverage Management, LLC dba DoubleTree by Hilton Minneapolis N. 2200 Freeway Boulevard LIQUOR - CLASS B ON-SALE INTOXICATING Brooklyn Hotel Partners LLC dba Embassy Suites 6300 Earle Brown Drive Jammin Wings LLC dba Jammin Wings 2590 Freeway Boulevard LIQUOR - CLASS F ON-SALE INTOXICATING Flikj International Corp. Dba Earle Brown Heritage Center 6155 Earle Brown Drive LIQUOR - ON-SALE club INTOXICATING Duoos Bros. American Legion Post 630 6110 Brooklyn Boulevard LIOUOR - ON-SALE WINE INTOXICATING AND 3.2 PERCENT MALT LIQUOR Brooklyn Center Restaurant, Inc. dba 50's Grill 5524 Brooklyn Boulevard Davanni's Pizza & Hot Hoagies 5837 Summit Drive 12/11/17 -3- Hiep Thanh Dell, Inc. dba Hiep Thanh BBQ & Deli 6201 Brooklyn Boulevard -Subject to submittal of Liquor Liability Insurance Certificates Rose Garden 6090 Shingle Creek Parkway LIQUOR - ON-SALE 3.2 PERCENT MALT LIQUOR Centerbrook Golf Course Centennial Park and Evergreen Park 6301 Shingle Creek Parkway Chipotle Mexican Grill 5711 Xerxes Avenue N. UEC Hospitality LLC dba Wingstop #1005 1180 Shingle Creek Crossing/G1 m[i1IfS]tI1 m DW.1 J M 11 M ($1111] Awad Company dba Winner 6501 Humboldt Avenue N. Diamond Lake 1994 LLC dba Cub Foods - Brookdale 3245 County Road 10 Kabalan Co. dba Pump N Munch 1505 69th Avenue N. -Subject to submittal of Liquor Liability Insurance Certificate Leng Ku dba Sun Foods Northern Tier Retail LLC dba SuperAmerica #3192 Northern Tier Retail LLC dba SuperAmerica #4160 Northern Tier Retail LLC dba SuperAmerica #4058 LIQUOR SUNDAY SALES 2200 Beverage Management, LLC dba DoubleTree by Hilton Minneapolis N Apple Minnesota LLC dba Applebee's Neighborhood Grill & Bar Brooklyn Hotel Partners LLC dba Embassy Suites Duoos Bros. American Legion Post 630 Flik International Corp. dba Earle Brown Heritage Center Jammin Wings LLC dba Jammin Wings 6350 Brooklyn Boulevard 6950 Brooklyn Boulevard 6545 West River Road 1901 57t1' Avenue N. 2200 Freeway Boulevard 1400 Shingle Creek Crossing 6300 Earle Brown Drive 6110 Brooklyn Boulevard 6155 Earle Brown Drive 2590 Freeway Boulevard LIOUOR - OPTIONAL SPECIAL 2 A.M. CLOSING 2200 Beverage Management, LLC dba DoubleTree by Hilton Minneapolis N 2200 Freeway Boulevard Jammin Wings LLC dba Jammin Wings 2590 Freeway Boulevard 12/11/17 -4- MECHANICAL Alan Mechanical, Inc. Midland Heating & Air Conditioning Sedgwick Heating T&S Heating and Air Conditioning PUBLIC DANCE Jammin Wings, LLC RENTAL INITIAL (T)PE II - Iwo-year license) 2412 Ericon Drive 7875 Fuller Road, Eden Prairie 413 West 601h Street, Minneapolis 1408 Northland Drive, Suite 310, Mendota Heights 1524 Mulberry Street, Taylor Falls 2590 Freeway Boulevard Kurt Templin RENEWAL (TYPE III— one-year license) 4811 Lakeview Avenue Diane Krenz 2307-0954 1h Avenue N. James Johnson 6742-44 France Avenue N. Infinite Property LLC 140172 n Avenue N. Chad Tesmer RENEWAL (TYPE II— two-year license) 4748-52 Twin Lake Avenue 3609 66t1 Avenue N. 5201 Drew Avenue N. 5913 June Avenue N. 5524 Knox Avenue N. 4207 Lakeside Avenue #240 6907 Quail Avenue N. RENEWAL (TYPE 1— three-year license) 270165 1h Avenue N. 3312 65 t" N. ti] :i.iiiii U DIWI I DI s:i (i] ilirli I Grant and Pam Osgood Bradley McKnight Ahmed Omar Mohammed Mehdi Michaele Ude Tomjy Conteh Tony & Carmen Holder Trinh Vu Charles Kaatz Holiday Stationstore #292 42066 th Avenue N. Kabalan Co. dba: Pump N Munch 1505 691h Avenue N. Holiday Stationstore #2099 6890 Shingle Creek Parkway 6c. 2018 CITY COUNCIL MEETING SCHEDULE 191 ItTell) L14 RV412tv Oita I of more]], 12/11/17 -5- 6e. RESOLUTION NO. 2017499 SETTING SALARIES FOR CALENDAR YEAR 2018 RESOLUTION 6f. RESOLUTION NO. 2017-200 AUTHORIZING EXECUTION OF LA111) EXCHANGE AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND BROOKDALE COVENANT CHURCH 01 MINN WIN I[U ri IAI fl W I]SHINGLE Motion passed unanimously. J11*I NfII[I]Ii4 J D[ILI1IWI I N [I]Ii )II]iYLI N (I]K 7a. RESOLUTION NO. 2017-202 EXPRESSING RECOGNITION AND APPRECIATION TO DIRECTOR OF BUSINESS AND DEVELOPMENT GARY EITEL FOR 10 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER Mr. Boganey stated his strong support to recognize the contribution of Director of Business and Development Gary Eitel. Mayor Willson read in full a Resolution expressing the City's appreciation to Director of Business and Development Gary Eitel for ten years of dedicated service to the City of Brooklyn Center. Councilmember Ryan moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2017-202 Expressing Recognition and Appreciation to Director of Business and Development Gary Eitel for 10 Years of Dedicated Service to the City of Brooklyn Center. Motion passed unanimously. Mayor Willson announced the December 20, 2017, retirement celebration for Mr. Eitel. He noted when Mr. Eitel came to the City, it was to be for only several months with the intent of retiring; however, Mr. Eitel stayed for ten years and the City has been fortunate to have him. 8. PUBLIC HEARINGS 8a. ORDINANCE NO. 2017-02 AMENDING CHAPTER 23 OF THE CITY CODE OF ORDINANCES REGARDING FILMING ACTIVITIES AND COMMERCIAL PHOTOGRAPHY 12/11/17 -6- Deputy City Manager Reggie Edwards introduced the item, discussed the history, and stated the purpose of the proposed ordinance to place regulations on filming activities and commercial photography within Brooklyn Center. He described the types of requests the City has received, process followed to draft the proposed ordinance, and elements included in the proposed ordinance. Dr. Edwards explained there is not a set permit fee but there would be a fee based on the requested service. It was noted this item was first read on November 13, 2017; published in the official newspaper on November 23, 2017; and, is offered this evening for Public Hearing. Dr. Edwards presented next steps to open the Public Hearing to receive comments and consider adoption of the proposed ordinance. Councilmember Butler moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Don Bumgarner, 7030 Drew Avenue N., stated his concern as it involves First Amendment rights and the ordinance does not indicate it wouldn't apply to private citizens or news media. Mayor Willson explained this is not defined so broadly to include private citizens or television cameras for the news media. City Attorney Troy Gilchrist concurred and advised it is intended to focus on commercial photography and movie sets and would not apply to or restrict private citizens or news media. He noted it also exempts small business photographers who take things like senior pictures. Mr. Bumgarner stated he finds the language to be vague and ambiguous and that it could apply to a private citizen filming something should the news media want to purchase that film. He would like specific language included to exempt private citizens. Tammy Sathre, 6038 Lilac Drive N., stated she shares the concern that a private citizen would be required to obtain a permit if they are taking photos in a park. Mayor Willson explained why that activity would not fall under this ordinance. Robert Marvin, 4711 Twin Lake Avenue, stated he understands the need for this type of ordinance for a Hollywood production that may interrupt traffic but even though the intent is not to limit individuals, he found the language does not specifically state that. He noted if someone calls the police, then City resources would be expended and the exception would no longer apply. Mr. Marvin felt a 'one size fits all' approach does not work and suggested additional insurance be required beyond $300,000 depending on the scope of the interruption. He also suggested the $500 fee to close a street be more closely defined, thinking the fee should be proportionate with the disruption. Mayor Willson explained at the time the permit is pulled, the amount of the fee would be determined based on staff's analysis of the scope of the request, interruption, and use of City services. Mr. Marvin referenced the language relating to use of public right-of-way and private property when filming which may be occurring at a resident's party. Mayor Willson stated again that relates to private citizen's activities and the ordinance is not overly broad. 12/11/17 -7- With regard to Mr. Marvin's comment during Informal Open Forum, Mayor Willson asked Mr. Marvin for specifics relating to his conversation with the railroad when they indicated that if a jurisdictional body went to them, they would honor that request. Mr. Martin stated he would check his notes and share them with staff. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lawrence-Anderson clarified the purpose of this ordinance is to protect the City against expenditures resulting from commercial operations and in no way imposes on private citizens. Councilmember Ryan asked if under reasonable definition of 'commercial filming activity' that concerns with freedom of speech and freedom of movement on public property are not affected by this ordinance. Mr. Gilchrist advised the activities subject to permitting are commercial activities engaged for payment and the activity would have to result in the use of City services so this would not pertain to someone calling the police to complain. He stated staff did discuss scenarios from permitting a major motion picture to something much smaller, which is the reason for the general conditions and review and broad discretion by the City Manager to place conditions and respond to the specific activity under consideration. Mr. Boganey stated if the applicant is dissatisfied with conditions established by the City Manager there is a process to appeal to the City Council. Mayor Willson noted the use of drones is also addressed, which will be impacted by the location of the Crystal Airport. Councilmember Ryan stated the intent is to limit nuisances and inconveniences to the public while encouraging positive commercial activity. He stated he finds the ordinance to be reasonably crafted and he supports it. Mr. Boganey read the specific exceptions detailed in the proposed ordinance. Councilmember Ryan moved and Councilmember Butler seconded to adopt ORDINANCE NO. 2017-02 Amending Chapter 23 of the City Code of Ordinances Regarding Filming Activities and Commercial Photography. Motion passed unanimously. E:1 ,-____CHAPTER.itii I :1E CITY CO I] DtSl IS]ORDINANCES'I REGARDING1 I] I[I m [SillS) LICENSES Dr. Edwards introduced the item, discussed the history, and stated the purpose of the proposed ordinance relating to the number and type of liquor licenses issued in the City and resolution to 12/11/17 -8- amend the fee schedule. He described staff's review and comparison with 12 other cities within the regional marketplace of Brooklyn Center relating to impact of the liquor license fee and regulations on whether they locate in Brooklyn Center. He presented key findings, noting Brooklyn Center has one of the lowest number of establishments licensed to serve intoxicating liquor among the 12 cities reviewed. The City also has one of the higher fee structures among those cities reviewed. Dr. Edwards stated the City also has the most restrictive seating capacity, and higher food to liquor sales ratio regulation, but does not have a significant difference in police calls. Dr. Edwards noted the City Council discussed the liquor license regulations and fees and directed staff to develop an amended liquor license ordinance to flatten/simplify classification and fee tier system, set City fees that are comparable and competitive with other cities, and address related public safety matters. It was noted this item was first read on November 13, 2017; published in the official newspaper on November 23, 2017, and, is offered this evening for Public Hearing. Dr. Edwards presented significant ordinance changes, provided an explanation of each, and stated staff believes the proposed ordinance addresses the direction provided by the City Council. He recommended the City Council hold the Public Hearing and consider adoption of the proposed ordinance and resolution. Councilmember Butler stated the Police Chief was included in the ordinance discussion and asked, if stopping liquor sales at 1 a.m., were there any other concerns with increasing the number of liquor licenses issued, Dr. Edwards stated staff looked at the police calls over the last year and did not see a correlation based on the types of calls received and the liquor license regulations. Staff's best guess is that someone who has consumed alcohol and is on the route home, may stop for one more and the City wants to mitigate Brooklyn Center becoming that stopping point. Couneilmember Butler asked if there is an increase in police calls would that licensed establishment be treated similar to a rental license where the license can be pulled. Mr. Boganey stated staff did not modify the ordinance in that respect and the prior City Council comment was if after implementation of these changes the City found there was an establishment with specific problems, then the City could amend the ordinance to address that specific problem that might arise. That was the intent. Mr. Boganey stated there is no Statutory ratio requirement for the food to liquor, but 30% is reflective of the norm from the 12 study cities. Councilmember Lawrence-Anderson stated she heard this ordinance was last altered in the 1970s so it is time for a review. She asked if this new license process will be more efficient use of staff time. Mr. Boganey stated it will without a doubt and both staff and applicants will be better served by this less complicated system. Councilmember Lawrence-Anderson noted staff reviews the ratio prior to a new renewal date. Mr. Boganey confirmed that is correct. Councilmember Lawrence-Anderson stated in the past she offered her support and hopes this will be in effect prior to the Super Bowl. 12/11/17 -9- Mayor Willson stated his support to close liquor sales at 1 a.m. ORDINANCE1. i ii N Councilmember Butler moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Wayne Brown, owner of Jammin Wings, stated his concern as this ordinance will immensely affect his business which is open until 2 a.m. He asked if his business can be grandfathered as he is in his fifth year of business. If not, he would like assistance from the City with employee transportation as it would assure employee longevity. Also, his business advertises as being open until 2 a.m. and the City said he has to remove his sign. Mr. Brown stated police calls to his business have gone down dramatically and he has talked with Mr. Boganey about how to continue to improve his business. Mayor Willson clarified this ordinance change is not as a direct result of any current business in Brooklyn Center but for businesses that want to locate in Brooklyn Center but cannot meet the City's criteria. He explained the bus service and bus stops are not City resources. Mr. Brown stated another issue is the difficulty in access from the 1-694 and 1-94. Mayor Willson explained the City only has jurisdiction over local highways. Councilmember Butler asked about the amount of liquor sales after 1 a.m. Mr. Brown estimated more than 30% of his business since it is a nightclub atmosphere. Mayor Willson suggested looking at the food to liquor ratio to determine the actual percent. Mr. Boganey stated staff does not have immediate access to sales data related to a particular hour of the day. Mr. Brown offered to provide that information. Mr. Boganey stated Mr. Brown indicated that in the evening there is more of a nightclub atmosphere but the Statute specifically says liquor licenses are provided at restaurants and hotels. The purpose of the Statute is to supplement restaurant activity, not to provide a liquor license for a nightclub, which is prohibited for suburban communities. If the business is functioning as a nightclub, that is not in the spirit of the State law. Mayor Willson noted Mr. Brown may have used the wrong term and meant that he has late night customers coming in for food, Mr. Brown stated that is correct and his ratio is 54% food with 46% alcohol. Carol Kleven, 5835 Zenith Avenue N., thanked staff for reviewing the liquor license ordinance, noting the City has waited a long time to get large sit-down restaurants. She stated if this ordinance amendment makes that feasible, then she supports it and thinks the City should make it happen. Ms. Kieven stated Police Chief Gannon assured her the Department was prepared for any issues that could occur, but she is concerned about a recent Sun Post article saying Qdoba wants to sell beer and cocktails. She explained Qdoba does not sell liquor at their other locations and she would not like Brooklyn Center to be the first location to start that. 12/11/17 -10- Jackson George, 5901 Brooklyn Boulevard, Liberian Business Association, stated they have 45 businesses in Brooklyn Center and Brooklyn Park, meet at restaurants for monthly meetings, and would like the restaurant to offer wine. He stated his support for the new ordinance. Estella Fallah, owner of Estella's Kitchen, 6838 Humboldt Avenue N., stated her support for the proposed ordinance, as not having a liquor license has been a block to grow her business. Mayor Willson welcomed Ms. Fallah and stated the City's support of incubator businesses. Mr. Boganey noted sections of the ordinance not under consideration tonight would make it difficult for Humboldt Square to qualify as it contains a day care and a liquor license is prohibited within a certain distance of a day care. Ms. Fallah stated she understands that is the case and had talked about it with her landlord who was also not aware. She stated she is between the day care and the church, but she is not open on Sunday. Mr. Boganey stated he will confirm whether the distance prohibition from day cares and churches is State law. Robert Marvin, 4711 Twin Lake Avenue, agreed that promoting business is a good thing and stated the City may get more revenue as it issues more licenses, and this will help grow business. He supported the proposed resolution. Councilmember Ryan moved and Councilmember Butler seconded to close the Public Hearing. Motion passed unanimously. Mr. Gilchrist pointed out a needed correction to 'Section 11-107, Paragraph 14. Off-Sale Small Brewer License. This license may be issued to a Brewer licensed under Minnesota Statutes, Section 340A.301...' Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt ORDINANCE NO. 2017-03 Amending Chapter 11 of the City Code of Ordinances Regarding Liquor Licenses, as amended. Motion passed unanimously. ii.i ijir ri Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2017-203 Amending the City of Brooklyn Center Fee Schedule Relating to Liquor Licensing. Motion passed unanimously. 8e. PUBLIC HEARINGS FOR FIREHOUSE PARK AREA IMPROVEMENTS Public Works Director Doran Cote introduced the item, noting a 4/5ths vote of the City Council is required to order the improvement and plans and specs for the project and a simple majority 12/11/17 -11- vote is required to certify the special assessments. He reported that no appeals have been received to date. Engineering Technician IV Jay Hill presented the Capital Improvement Program (CIP) and feasibility report for the proposed project in the residential neighborhood area commonly referred to as the Firehouse Park Area that included: full street reconstruction, replacement of free-standing street lights with LED fixtures, and boulevard restoration; installation of new storm sewers and concrete curb and gutter; replacement of approximately 50% of existing water main pipes, new valves, hydrants, and water services to the curb stops where impacted; and, replacement of approximately 90% of sanitary sewer pipe, access structures, and residential sewer services to property lines. He displayed pictures of pavement conditions and described the proposed improvements. Mr. Hill then presented the feasibility report for Agenda Item 8d, the proposed project in the residential neighborhood area commonly referred to as the 51St Avenue / Frontage Road Area that included: full street reconstruction of 51St Avenue from Brooklyn Boulevard to Xerxes Avenue, replacement of street signs an sidewalk, changes to turn lanes and points of access, installation of concrete driveway aprons, installation of concrete curb and gutter and a new six- foot sidewalk and boulevard restoration; repair and replacement of existing storm sewers on Avenue and new storm sewers on Lilac Drive; complete replacement of the existing water main pipes, new valves, hydrant, and water services to the shut off valve where impacted on 51 s' Avenue; and, complete replacement of sanitary sewer pipe, access structures, and residential sewer services to property lines on 515t Avenue. Mr. Hill explained that special assessments are proposed as one of several funding sources for this project. He presented a summary of assessments, noting for a non-subdividable single- family residential property zoned RI, the full unit assessment is $4,353 for street improvements and $1,306 for storm drainage improvements. Other larger RI zoned properties would be assessed based on computing a maximum number of subdividable lots times the full RI unit assessments. Mr. Albers explained how the special assessment would be calculated for property zoned R3. Mr. Hill outlined the process for a property owner to appeal or object to a special assessment as well as payment options. He stated staff recommends the City Council hold a public hearing to accept comments on the improvement project and defer comments concerning the special assessment to the second public hearing. Councilmember Butler stated she received questions asking why residents have to pay or cover the full amount. Mayor Willson noted all residents have been treated equally since the start of this process and now there are only three years left to complete streets in the City so it would not be fair to cover these assessments when earlier assessments were not covered. Mr. Boganey stated in addition, at the beginning of the process, it was a policy choice for the City Council that it would be best, fair, and justifiable that residents benefiting from the improvement should be paying some portion of the cost. That is how the program was started. The Statutory authority is based on the assumption that the improvement made by the 12/11/17 -12- government actually improves the private value and benefit to the owner of the property where the improvement is taking place. The City cannot assess more to a property owner than the actual change in the value of the property. Mr. Boganey explained the other justification is the individual property owners are getting a special benefit from the improvement so they should contribute towards that improvement. The City Council reviewed the preliminary project budget and percentages to be paid by the City and those to be assessed. Councilmember Ryan stated over the many years the City has been responsible to replace critical infrastructure, the construction price index has surpassed the consumer price index so the project price has increased significantly over the 25 years of projects. He stated he is aware this is a difficult challenge for some homeowners but the cost is over many funds to mitigate the impact of the special assessments as much as possible. Mr. Boganey noted the assessment is for 16.3% of the total reconstruction cost but the Street Reconstruction Fund is contributing 32.6% and that comes from all tax payers and franchise fees (general public). This means the City's general public is paying twice as much for the street as the private property owner. Mayor Willson agreed wages have not kept up with the increase in construction project costs so many are struggling to keep up. Councilmember Ryan stated unless Edina has changed its policies, they assess for the total project cost and five years ago, a neighborhood petitioned to suspend their project because they didn't want to pay in the range of a $14,000 assessment. He agreed Brooklyn Center has taken on projects and assessments in a very responsible manner to reduce the impact of special assessments. 1. RESOLUTION NO. 2017-204 ORDERING IMPROVEMENTS AND AUTHORIZING PRE PARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NOS. 2018-01, 02, 03, AND 04, FIREHOUSE PARK AREA STREET, STORM DRAINAGE, AN:f, UTIILITY IMPROVEMENTS Councilmember Lawrence-Anderson moved and Councilmember Butler seconded to open the Public Hearing. Motion passed unanimously. Aleta Stevenson, 6726 North Fifth Street, stated she works nights and asked if they will be able to drive on the street during the project. Mayor Willson explained the street will be dug up but put back in place every night to provide residents access to their garages on a daily basis. When needed, the contractor will also accommodate moving a vehicle during the day. Councilmember Lawrence-Anderson stated if the City is aware of a resident's medical needs, they will make accommodations with the contractor. 12/11/17 -13- Ms. Stevenson asked about the mailboxes. Mayor Willson stated the contractor may place temporary mailboxes outside of the construction area so the Post Office can still deliver mail. If the neighborhood thinks a locked mailbox is important, they can make that request. Mr. Hillcrest described the updated street light fixtures and stated multi-use poles will not be changed. Ms. Stevenson asked if trees will be replaced if located on private property. Mr. Hillcrest stated trees within the boulevard or near the sanitary or water services that have to be removed due to construction will be replaced one-to-one. Councilmember Ryan moved and Councilmember Butler seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2017-204 Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project Nos. 2018-01, 02, 03, and 04, Firehouse Park Area Street, Storm Drainage, and Utility Improvements. Motion passed unanimously. 2. RESOLUTION NO 2017-205 CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2018-01 AND 2018-02, FIREHOUSE PARK AREA STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Butler moved and Councilmember Lawrence-Anderson seconded to open the Public Hearing. Motion passed unanimously. No one wished to address this item. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lawrence-Anderson moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2017-205 Certifying Special Assessments for Improvement Project Nos. 2018-01 and 2018-02, Firehouse Park Area Street and Storm Drainage Improvements to the Hennepin County Tax Rolls. Motion passed unanimously. 12/11/17 -14- -_&U HU i.i:u 1 kII'I D] ii hvi DII,iii V(I]1 LUI DI aiii 1 IkU t,1& DIU DI1 I Mr. Hill presented this feasibility report with Agenda Item 8c, Public Hearing for Firehouse Park Area Improvements. 1. RESOLUTION NO. 2017-206 ORDERING IMPROVEMENTS A11D AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NO. 2018-06, 51 s ' AVENUE / FRONTAGE ROAD STRE ET, STORM DRAINAGE, AND UTILITY IMPROVEMENT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to open the Public Hearing. Motion passed unanimously. No one wished to address this item. Councilmember Lawrence-Anderson moved and Councilmember Butler seconded to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2017-206 Ordering Improvements and Authorizing Preparation of Plans and Specifications for Improvement Project No 2018-16, 51st Avenue I Frontage Road Street, Storm Drainage, and Utility Improvements. Motion passed unanimously. 2, RESOLUTION NO 2017-207 CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO 2018-06, 51ST AVENUE / FRONTAGE ROAD STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS Councilmember Lawrence-Anderson moved and Councilmember Butler seconded to open the Public Hearing. Motion passed unanimously. No one wished to address this item. Councilmember Ryan moved and Councilmember Butler seconded to close the Public Hearing. Motion passed unanimously. 12/11/17 -15- Councilmember Lawrence-Anderson moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2017207 Certifying Special Assessments for Improvement Project No 2018-06, 51st Avenue / Frontage Road Street and Storm Drainage Improvements to the Hennepin County Tax Rolls. Motion passed unanimously. [S]1U i Planner and Zoning Administrator Ginny McIntosh provided an overview of Planning Commission Application No. 2017-012 and advised the Planning Commission recommended approval of the applications at its November 30, 2017, meeting. Councilmember Butler moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2017-209 Regarding the Recommended Disposition of Planning Commission Application No. 2017-02 Submitted by Trent Mayberry / Told Development Company Approving New Site and Building Plan for the Development of a Bank of America on Building Site F in the Shingle Creek Crossing 6 t" (located at 2545 County Road 10). 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- Month Provisional Rental Licenses. Mayor Willson polled the audience and asked whether anyone was in attendance to provide 12/11/17 -16- 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 10a14. lOal.6009 Aldrich Avenue N. 10a2.5606 Bryant Avenue N. 100.6337 Bryant Avenue N. 10a4.4906 Howe Lane 10a5.4200 Lakebreeze Avenue 10a6.5300 Logan Avenue N. 100.5401 Oliver Avenue N. 10a8.5337-39 Queen Avenue N. 10a9.6000 Vincent Avenue N. lOalO.RESOLUTION NO. 2017-210 Approving a Type IV 6-Month Provisional Rental License for 3300 65th Avenue N. lOall.RESOLUTION NO. 2017-211 Approving a Type IV 6-Month Provisional Rental License for 6106 Aldrich Avenue N. 10a12.RESOLUTION NO. 2017-212 Approving a Type IV 6-Month Provisional Rental License for 5637-39 Girard Avenue N. 10a13.RESOLUTION NO. 2017-213 Approving a Type IV 6-Month Provisional Rental License for 2913 Nash Road 10a14.RESOLUTION NO. 2017-214 Approving a Type IV 6-Month Provisional Rental License for 5406 Sailor Lane 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: 6009 Aldrich Avenue N., 5606 Bryant Avenue N., 6337 Bryant Avenue N., 4906 Howe Lane, 4200 Lakebreeze Avenue, 5300 Logan Avenue N., 5401 Oliver Avenue N., 5337-39 Queen Avenue N., 6000 Vincent Avenue N., and adopt RESOLUTION NO. 2017-210 Approving a Type IV 6-Month Provisional Rental License for 3300 65th Avenue N.; RESOLUTION NO. 2017-211 Approving a Type IV 6-Month Provisional Rental License for 6106 Aldrich Avenue N.; RESOLUTION NO. 2017-212 Approving a Type IV 6-Month Provisional Rental License for 5637-39 Girard Avenue N.; RESOLUTION NO. 2017-213 Approving a Type IV 6-Month Provisional Rental License for 2913 Nash Road; and, RESOLUTION NO. 2017-214 Approving a Type IV 6-Month Provisional Rental License for 5406 Sailor Lane, 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. Ni Zi J i] II L'AI 3II (SiSINW )A'A [IM1'LEI1IIkU KIi (S]t1 Councilmember Lawrence-Anderson moved and Councilmember Butler seconded to ratify the following Mayoral appointments: Financial Commission - term to expire December 31, 2020 Tia Hedenland and Teneshia Kragness 12/11/17 -17- Housing Commission - term to expire December 31, 2020 Mark Goodell Park and Recreation Commission - term to expire December 31, 2020 Bud Sorenson and Jill Dalton Planning Commission - term to expire December 31, 2019 Alexander Koenig, Abraham Rizvi, and Rochelle Sweeney NW Suburbs Cable Communications Commission - term to expire December 31, 2018 Darryl Sannes Mayor Willson explained if there are three absences in a row, it results in an automatic resignation and notice is sent to that individual. He stated he asked the City Clerk to send similar information to each Chair indicating the Mayor reviews these appointments on an annual basis and participation is important. Motion passed unanimously. With regard to 2018 liaison appointments, Mayor Willson stated Councilmember Butler would like to move from the Financial Commission to another to gain a better understanding of the City. Also, he would like Councilmember Ryan to remain as the League of Minnesota Cities liaison. Mayor Willson asked Members to call if they would like to be reassigned, noting he will submit his appointments to the City Clerk by December 18, 2017, for consideration at a January 2018 meeting. Councilmember Ryan stated his interest in continuing to serve as the City's liaison to the League of Minnesota Cities and Metro Cities. a * 'i i a a.wi u Councilmember Ryan moved and Councilmember Butler seconded to recess to the Economic Development Authority Meeting. Motion passed unanimously. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to reconvene the Regular Session. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following events: • November 28, 2017: MAC Meeting • November 29, 2017: League of Minnesota Cities Annual Board Meeting • November 30, 2017: Visit Minneapolis Northwest Open House • December 3, 2017: Holly Sunday • December 4, 2017: Public Hearing for the City's Budget 12/11/17 -18- • December 5, 2017: Neighborhood Watch Captains Dinner • December 9, 2017: Lions Club Bell Ringing at Cub Foods Councilmember Lawrence-Anderson reported on her attendance at the following events: • November 28, 2017: MAC Meeting • December 3, 2017: Holly Sunday • December 4, 2017: Public Hearing for the City's Budget • December 5, 2017: Neighborhood Watch Captains Dinner Councilmember Butler reported on her attendance at the following events: • November 28, 2017: ACER Neighborhood Gathering • November 30, 2017: Visit Minneapolis Northwest Open House • December 1, 2017: ACER Meeting • December 3, 2017: Holly Sunday • December 4, 2017: Public Hearing for the City's Budget Mayor Willson reported on his attendance at the following events: • December 4, 2017: Public Hearing for the City's Budget • December 8, 2017: Brooklyns Breakfast for BrookLynk 12. ADJOURNMENT Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded adjournment of the City Council meeting at 9:58 p.m. Motion passed unanimously. 12/11/17 -19- 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 December 11, 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 January 8, 2018, Regular Session. (2 City Clerk Mayor 12/11/17 -20-