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Home My WebLink About2018 01-22 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 JANUARY 22, 2018 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. unr.r. Carr. 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 Public Works Doran Cote, Interim Community Development Director Michael Ericson, Planner and Zoning Administrator Ginny McIntosh, Police Chief Tim Gannon, 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 Butler seconded to close the Informal Open Forum at 6:45 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Butler read a Martin Luther King quote as the Invocation. 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, April Graves, Kris Lawrence - Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Interim Community Development Director Michael Ericson, Planner and 01/22/18 -1- Zoning Administrator Ginny McIntosh, Police Chief Tim Gannon, City Clerk Sharon Knutson, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan moved and Councilmember Graves seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. January 8, 2018 — Study/Work Session 2. January 8, 2018 — Regular Session 3. January 8, 2018 — Work Session 6b. LICENSES GASOLINE SERVICE STATION Boulevard Enterprise, Inc. Dba: Christy's Auto Service MECHANICAL H2O Control, Inc. Minneapolis/St. Paul Mechanical RENTAL INITIAL (TYPE II — hwo year license) 4201 Lakeside Avenue #311 RENEWAL (TYPE III — one-year license) The Avenue Apartments 6331 Beard Avenue N. 2113 55t" Avenue N. 6425 Fremont Avenue N. 5550 Girard Avenue N. 7110 Riverdale Road RENEWAL (TYPE II — hvo year license) 3808 61St Avenue N. 4118 Woodbine Lane 6649 Xerxes Place N. RENEWAL (TYPE I — three-year license) 6821 Noble Avenue N. 01/22/18 -2- 5300 Dupont Avenue N. 10499 West River Road, Brooklyn Park 1711 120th Lane NE, Blaine Sagal Mohamad CCF 1 Holdings LLC Invitation Homes LLC Troy Jones Restart, Inc. James Nelson/ACR Homes Adedamola Ogundipe Ron & Jeanette Blasewitz Lane Schwartz Reuben & Diane Ristrom 290067 th Lane N. 2919 68th Lane N. 1600 71" Avenue N. 7218 Grimes Avenue N. SIGNHANGER Electro Signs and Design, LLC Sign Maintenance Lighting & Electrical, Inc TOBACCO RELATED PRODUCT Royal Tobacco Dolores Ann Fischer Ken LeFevre RHA 3, LLC Shawn & Djuana Banks 1680 99th Lane NE, Suite C, Blaine 700 Tower Drive, Medina 5625 Xerxes Avenue N. 6c. RESOLUTION NO. 2018-24 APPROVING AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION AND THE CITY OF BROOKLYN CENTER FOR FEDERAL PARTICIPATION IN CONSTRUCTION — AGENCY AGREEMENT NO. 1029924 6d. RESOLUTION NO. 2018-25 AUTHORIZING THE ACQUISITION OF A TAX FORFEITED PARCEL AS PART OF THE BROOKLYN BOULEVARD CORRIDOR PROJECT PHASE 1 6e. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND GENERALLY LOCATED IN THE NORTHWEST SECTION OF THE CITY, GENERALLY SITUATED BETWEEN HIGHWAY 94 TO THE SOUTH, 68TH AVENUE NORTH TO THE NORTH, BROOKLYN BOULEVARD TO THE EAST, AND NOBLE LANE TO THE WEST, AND LOCALLY IDENTIFIED AS 4435 68TH AVENUE NORTH AND 4321 68TH AVENUE NORTH, RESPECTIVELY —MOTION TO APPROVE FIRST READING OF ORDINANCE AND SET SECOND READING AND PUBLIC HEARING FOR FEBRUARY 12, 2018. Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RE COGNITIONS/DONATIONS - None. 8. PUBLIC HEARINGS 8a. ORDINANCE NO. 2018-01 VACATING A PORTION OF RIGHT-OF-WAY: LILAC DRIVE NORTH Director of Public Works Doran Cote introduced the item, discussed the history, and stated the purpose of the proposed ordinance to vacate a portion of right-of-way on Lilac Drive North. He noted the City owns a fee interest in certain lands originally acquired for highway purposes, all 01/22/18 -3- of which are located adjacent to Lilac Drive North. The subject area for vacation was formerly used for a section of roadway that is being removed as part of the Brooklyn Boulevard Corridor Project Phase 1. This vacated area would be used to mitigate the loss of parking on the Brookdale Covenant Church property due to the installation of a new signal at Highway 100 south ramp and the extension of Lilac Drive North. Mr. Cote described the land exchange agreement and explained the property owner will be required to dedicate a drainage and utility easement over the vacated portion of the right-of-way to maintain access to the existing utilities within the vacated area. He noted this item was first read on December 11, 2017, published in the official newspaper on December 21, 2017, and offered this evening for Public Hearing and adoption of the ordinance. Councilmember Ryan moved and Councilmember Butler seconded to open the Public Hearing. Motion passed unanimously. No one appeared to address this item. Councilmember Ryan moved and Councilmember Lawrence -Anderson seconded to close the Public Hearing. Motion passed unanimously. Councilmember Graves moved and Councilmember Ryan seconded to adopt ORDINANCE NO. 2018-01 Vacating a Portion of Right -of -Way: Lilac Drive North. Motion passed unanimously. 8b. CONSIDERATION OF LIQUOR LICENSE ENFORCEMENT ACTION AT JAMMIN WINGS, 2590 FREEWAY BOULEVARD City Clerk Sharon Knutson introduced the item and stated the purpose of this agenda item to consider liquor license enforcement action at Jammin Wings, 2590 Freeway Boulevard. She presented history of this consideration, explaining that on November 27, 2017, Mr. Brown, owner of Jammin Wings, submitted a renewal application and fee for a State and City intoxicating liquor license and Sunday liquor license, as well as the City application for an optional 2 a.m. liquor license. On December 11, 2017, the City Council approved the issuance of these liquor licenses. On or about December 19, 2017, while preparing the licenses for issuance, she checked with the State of Minnesota Department of Alcohol and Gambling Enforcement Division website to make sure the 2 a.m. permit was active and discovered it had expired on August 1, 2017. Ms. Knutson stated she then contacted the Alcohol and Gambling Enforcement Division to confirm and they affirmed it had not been submitted as of that date. Ms. Knutson stated she informed the City Manager and then Mr. Brown that the permit had lapsed so the City could not issue a liquor license until that permit had been approved by the State. Mr. Brown informed her that he had not received that application from the State and was 01/22/18 -4- unaware it was not active at the time. Mr. Brown then took immediate action to renew the 2 a.m. permit with the State, which she confirmed with the State, and then issued that license. Ms. Knutson stated on January 8, 2018, she received an email notification from the State AGED and learned the check submitted by Mr. Brown was NSF for a closed account so, therefore, the permit was not valid. In consulting with the City Manager and City Attorney, it was agreed a violation of Minnesota Statutes, Section 340A.504, subdivision 7, had occurred. Ms. Knutson noted the City Attorney has drafted a memorandum, which was provided in the meeting packet, to outline the enforcement action options that can be considered by the City Council following the Public Hearing. Councilmember Lawrence -Anderson moved and Councilmember Graves seconded to open the Public Hearing. Motion passed unanimously. Mr. Brown explained that in the past, he got a package from the City to pay for the license and did not realize the State permit for optional 2 a.m. was due on August 1St. However, as the City Cleric stated, his account was closed. He said it was tampered with so the bank closed the account. He paid for the State permit, but the State took longer to go forward with the check and the account was closed by the bank on January 2, 2018. He stated he thought the State's check had cleared but it did not. Mr. Brown stated he paid the check to the State as well as the bounced check fee. Mayor Willson explained that any time there is a violation, the City has to address it and it does not matter when it occurred, but that a violation did occur. So tonight, the City will hold the public hearing and obtain advice from staff as well as the City Attorney. Mr. Brown stated he would like a 4 a.m. license during the upcoming Super Bowl. Mayor Willson referenced the memorandum that contained the request for the 4 a.m. license, which is a different issue than what is under consideration at this time. Mr. Boganey asked questions of Mr. Brown to determine the dates the checks were written and when the account was closed. He recounted that the check was written on December 19, 2017, the State contacted the City on January 8, 2018, and the account closed on January 2, 2018. He asked if on December 19, 2017, when the check was written to the State there were sufficient funds on that date. Mr. Brown answered in the affirmative. Councilmember Graves moved and Councilmember Butler seconded to close the Public Hearing. Motion passed unanimously. City Attorney Troy Gilchrist clarified that on Page 1 of his memorandum, last sentence, it should indicate: "This violation does not rise to that level." He described the range of options before the City Council for a liquor license violation, noting this does not trigger mandatory revocation but ranges from no penalty at all, a civil penalty up to $2,000, and/or suspension of the liquor license 01/22/18 -5- for no greater than 60 days. He noted with each option, there is flexibility including a limited suspension or imposition of a penalty with suspension of a portion conditioned on not having another violation. Mr. Gilchrist stated the civil penalty can be in addition to suspension or revocation. He noted the violation was focused on serving after 1 a.m. without the appropriate permit. Mayor Willson pointed out if the 2 a.m. permit is suspended, then the 4 a.m. permit cannot go forward. He asked about imposing an administration fee to cover staff time and expenses, such as is imposed with rental licenses, as well as a civil penalty so the violation is documented. Mayor Willson stated the City does not want to see any more violations but if one should occur, this will provide documentation to take stronger action. Mr. Gilchrist advised if the City Council is inclined to consider a suspension or revocation, he would recommend directing staff to prepare a resolution for consideration at the next meeting. Councilmember Graves stated the City has been working with this business on other issues and the City Council has considered its liquor licenses, seating, and other requirements as well. She stated she enjoys going to Jammin Wings and likes that it is open until 2 a.m., noting it is one of the only Black -owned businesses in the City. But that being said, Councilmember Graves wanted to assure the rules are followed so Jammin Wings can stay there. She stated she supports imposing a civil penalty of up to $2,000 and suspending it conditioned on there being no further violations. Mr. Brown pointed out that in the four and a half years he has been in business, there has been only one violation, which not many bars or restaurants can say. Mayor Willson stated the City needs to be consistent with enforcing its ordinances across the board. He offered the option to consider a $1,000 civil penalty plus $300 administrative fee to cover staff time and suspend the civil penalty. He noted this would be similar to a rental ordinance violation where an administration fee is charged. Mr. Boganey stated it would probably need to be a $1,300 civil penalty and suspending $1,000. He indicated the notion of $300 being the amount to account for staff time may not be an unreasonable assessment of cost when considering his time, and the City Attorney's and City Cleric's time in dealing with this issue over the past several weeks. Mayor Willson stated he would like to consider an administrative fee. Mr. Boganey asked whether the ordinance provides for an administrative fee penalty. Mr. Gilchrist agreed with Mr. Boganey that the penalty would need to be cast as a civil penalty, noting the City's cost at $300 is modest but would be partial reimbursement. Councilmember Lawrence -Anderson stated that is less than she was thinking to impose but is willing to consider that level. She suggested the resolution cite that no further violations shall occur, noting the City wants to make sure the new liquor establishments it is trying to attract know they are required to follow the rules. Mayor Willson clarified the discussion was to suspend $1,000 of the civil penalty unless another violation were to occur. In that case, the $1,000 civil penalty would be imposed. 01/22/18 -6- Councilmember Ryan noted that testimony from Mr. Brown indicates there was no intentional negligence. He asked how it operates with the State when there is a glitch in the payment and whether there is no communication from the State to the license holder of the need to cure the situation. Ms. Knutson described the permitting and licensing procedure, explaining that with the 2 a.m. license, the State of Minnesota Alcohol and Enforcement Division authorizes the City to issue the liquor license. The State issues a permit for one year from whenever the applicant applies and the City issues its license the calendar year from January 1 to December 31. Ms. Knutson explained the State does not notify the City that someone did not renew their permit and from August 1 to December 19, Jammin Wings did not have permission from the Commissioner of Public Safety to operate until 2 a.m. She stated this is the first time this situation has occurred, and Mr. Brown indicated he did not get anything from the State to say he needed to renew his permit. Mr. Boganey explained the State timeframe is based on when the business owner makes application for their first permit. Up to this year, Jammin Wings always renewed the State permit but there was a change in the management structure of the business and that did not happen. Councilmember Ryan stated while it is the owner's responsibility, it is an example of a mistake and they need to be held responsible but not in a punitive manner. He stated his support to consider a civil penalty with the greater part suspended unless subsequent violations occur. Mr. Gilchrist asked for a sense of duration for the subsequent violations. Mayor Willson stated the license will be renewed December 31 so the suspension could be through the license period. The City Council agreed with the logic to tie the violation term to the license term. Councilmember Ryan moved and Councilmember Graves seconded to direct staff to prepare a resolution to impose a $1,300 civil penalty, suspending $1,000, contingent upon no further liquor license violations. Motion passed unanimously. Councilmember Graves stated support to consider Jammin Wings' request for a 4 a.m. liquor license. Mayor Willson asked staff if there is an underlying issue to not consider that request. Mr. Boganey stated he has no new information but in a previous memo discussing the optional 2 a.m. liquor license elimination, it was indicated that a significant number of violations and police calls occur after 1 a.m. Mayor Willson pointed out that another violation would go against the license. Mr. Brown noted it is only for a short period of time, during the Super Bowl, and they will increase security during that time. 01/22/18 -7- Police Chief Tim Gannon stated there are a select number of days and at this time, he would not oppose this request. Mr. Boganey indicated under the City's ordinance, staff has the authority to issue this permit if it is not opposed by the City Council. The consensus of the City Council was to support the administrative issuance of a 4 a.m. liquor license to Jammin Wings during the Super Bowl. 9. PLANNING COMMISSION ITEMS - None. 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 testimony on any of the rental licenses as listed on tonight's meeting agenda. Seeing no one coming forward, Mayor Willson called for a motion on Agenda Items 10a1 through 10a6. 10al. 4200 JOYCE LANE 10a2. 6325 KYLE AVENUE N. 100. 6424 SCOTT AVENUE N. 10a4. RESOLUTION NO. 2018-26 APPROVING A TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 4450 58TH AVENUE N. 10a5. RESOLUTION NO. 2018-27 APPROVING A TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 6015 ALDRICH AVENUE N. 10a6. RESOLUTION NO. 2018-28 APPROVING A TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 6718 COLFAX AVENUE N. Councilmember Ryan moved and Councilmember Graves seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for the following: 4200 Joyce Lane, 6325 Kyle Avenue N., 6424 Scott Avenue N., and, adopt Resolution No. 2018-26 Approving a Type IV 6 -Month Provisional Rental License for 4450 58th Avenue N.; Resolution No. 2018-27 Approving a Type IV 6 -Month Provisional Rental License for 6015 Aldrich Avenue N.; and, Resolution No. 2018-28 Approving a Type IV 6 -Month Provisional Rental License for 6718 Colfax Avenue N., 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. 01/22/18 -8- 10b. AMEND CITY COUNCIL MEETING SCHEDULE TO ADD CITY COUNCIL WORK SESSION TO REVIEW DEVELOPMENT PROPOSALS FOR THE OPPORTUNITY SITE It was noted the purpose of this agenda item is for the City Council to consider amending its meeting schedule to add a Work Session on Tuesday, February 20, 2018, starting at 5 p.m., to receive and review developer proposals for the South Opportunity Site between John Martin Drive and Bass Lake Road. Councilmember Ryan moved and Councilmember Lawrence -Anderson seconded to amend the City Council meeting schedule to add a City Council Work Session on February 20, 2018, starting at 5 p.m., to review development proposals for the Opportunity Site. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: ® January 11, 2018: North Hennepin Area Chamber of Commerce State of the Cities Luncheon ® January 18, 2018: Highway 252 PAC Planning Meeting ® January 18, 2018: Brooklyn Center Lions Club Board Meeting ® January 23, 2018: MAC Meeting ® January 26, 2018: League of Minnesota Cities Experience Cities Conference ® January 27, 2018: Annual Legislature and Local Officials Breakfast Meeting ® March 11-13, 2018: Attending National League of Cities Congressional Conference in Washington, D.C., to address Blue Line federal funding to ensure obstacles at the federal level do not go unaddressed Councilmember Lawrence -Anderson provided information on the following upcoming events: ® January 23, 2018: MAC meeting Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • January 11, 2018: North Hennepin Area Chamber of Commerce State of the Cities Luncheon ® January 16, 2018: Community Activity Services Meeting ® January 18, 2018: Martin Luther King Jr. Celebration ® January 26-27, 2018: Minnesota League of Cities Events Councilmember Butler reported on her attendance at the following and provided information on the following upcoming events: ® January 12, 2018: Spoke with Mr. Chism about his Open Market Concept ® January 18, 2018: Martin Luther King Breakfast ® January 23, 2018: MAC Meeting ® January 26, 2018: Resident Meeting 01/22/18 -9- Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: ® January 9, 2018: CCX Mayor's Minutes ® January 11, 2018: Presented State of the Cities Address at the North Hennepin Area Chamber of Commerce Luncheon ® January 11, 2018: Blue Line CMC Meeting ® January 12, 2018: Met with Mr. Boganey ® January 16, 2018: Rotary Meeting Luncheon ® January 16, 2018: West Fire Station Relief Association Board Meeting ® January 17, 2018: Chaired the Brooklyn Bridge Alliance for Youth Meeting ® January 17, 2018: North Metro Mayors Association Meeting ® January 18, 2018: PAC 252 Meeting ® January 19, 2018: Met with Mr. Boganey ® January 19, 2018: Phone Interview about the Blue Line 12. ADJOURNMENT Councilmember Graves moved and Councilmember Lawrence -Anderson seconded adjournment of the City Council meeting at 7:54 p.m. Motion passed unanimously. 01/22/18 -10- 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 January 22, 2018. 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 February 12, 2018, Regular Session. Aw4w-f�- City Clerk 01/22/18 -11- Mayor