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Home My WebLink About2018 04-09 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 APRIL 9, 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. ROLL CALL Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, and Dan Ryan were present. Councilmember Kris Lawrence-Anderson was absent and excused. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Director of Public Works Doran Cote, Community Development Director Meg Beekman, Planner and Zoning Administrator Ginny McIntosh, 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 City Council. Councilmember Ryan moved and Councilmember Graves seconded to close the Informal Open Forum at 6:47 p.m. Motion passed unanimously. 2.INVOCATION Councilmember Butler provided information and facts on Autism in honor of Autism Awareness month as the Invocation. 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 04/09/18 -1- Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, and Dan Ryan were present. Councilmember Kris Lawrence-Anderson was absent and excused. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Director of Public Works Doran Cote, Community Development Director Meg Beekman, Planner and Zoning Administrator Ginny McIntosh, 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 Butler seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Study Session minutes of March 26, 2018, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.March 26, 2018 - Study/Work Session 2.March 26, 2018 - Regular Session 6b. LICENSES MECHANICAL B& D Plumbing, Heating & A/C Blue Ox Heating & Air LLC Chesney Mechanical Corporate Mechanical Deans Tank, Inc. Elk River Heating & Air Conditioning Inc. GV Heating & Air Inc. Heating & Cooling Two Inc. Home Energy Center Horwitz Inc. Jayhawk Mechanical Kraft Mechanical Minnesota Petroleum Service Neighborhood Plumbing & Heating Sabre Plumbing, Heating & A/C Schadegg Mechanical Standard Heating & A/C SIGN HANGER Vasseur Design 4145 MacKenzie Court, St. Michael 5720 International Pkwy, New Hope 4118 Shoreline Drive, Robbinsdale 5114 Hillsboro Avenue N, New Hope P.O. Box 22515, Robbinsdale 19567 Twin Lakes Rd NW, Elk River 5182 West Broadway, Crystal 18550 County Rd 81, Maple Grove 2415 Annapolis Lane N, Ste. 170, Plymouth 7400 49th Avenue N, New Hope 3307 N. 2nd Street, Minneapolis 2441 Ventura Drive, Suite 100, Woodbury 682 39th Ave NE, Minneapolis 130 Broadway Avenue N, Foley 15535 Medina Rd, Plymouth 225 Bridgepoint Drive, So. St. Paul 130 Plymouth Avenue N, Minneapolis 4337 Welcome Avenue North, Minneapolis 04/09/18 -2- RENTAL RENEWAL (TYPE III— one-year license) 5821 Ewing Avenue N Invitation Homes 5300 France Avenue N Invitation Homes 6300 France Avenue N Wade Klick 7018 France Avenue N Crystal Brummer 5931 Zenith Avenue N Invitation Homes RENEWAL (TYPE II— two-year license) 5301 Dupont Avenue N Minnesota Apartments LLC 5323 Brooklyn Blvd MSP Home Rental 5419 Humboldt Avenue N Ceclilia Pineda 7124 Indiana Avenue N Weyu Ademo Bekuto 6342 June Avenue N Dave Swartout 5332 Morgan Avenue N James Waters 6906 Newton Avenue N Eric A Syrstad 7085 Unity Avenue N Swendia, LLC RENEWAL (T)'PE I— three-year license) 5256 Twin Lake Blvd E Brian Somkhan 4309 63rd Avenue N Nathan Erickson/Azingo LLC 2801 66th Avenue N Prosperous Property LLC 5331 Camden Avenue N Ross Herman 6638 Camden Drive Gal Peremislov 6769 Humboldt Avenue N Li-Chwen Su 6c.APPROVAL OF RESOLUTION NO. 2018-74 AUTHORIZING EXECUTION OF COOPERATIVE AGREEMENT FOR COST PARTICIPATION WITH HENNEPIN COUNTY AND BROOKLYN PARK FOR TRUNK HIGHWAY 25211-94 ENVIRONMENTAL REVIEW 6d.JOINT POWERS AGREEMENT FOR THE BROOKLYN BOULEVARD CORRIDOR PROJECT PHASE 1 6d1. APPROVAL OF RESOLUTION NO. 2018-75 AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT WITH THE CITY OF MINNEAPOLIS FOR THE RECONSTRUCTION OF BROOKLYN BOULEVARD (CSAH 152) FROM SOUTH OF 49TH AVENUE TO NORTH OF BASS LAKE ROAD (CSAH 10), IMPROVEMENT PROJECT NO. 2018-05 6d2. APPROVAL OF RESOLUTION NO. 2018-76 AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT WITH THREE RIVERS PARK DISTRICT FOR THE RECONSTRUCTION OF BROOKLYN BOULEVARD (CSAH 152) 04/09/18 -3- FROM SOUTH OF 49TH AVENUE TO NORTH OF BASS LAKE ROAD (CSAH 10), IMPROVEMENT PROJECT NO. 2018-05 6e.RESOLUTION NO. 2018-77 APPROVING FINAL PLAT FOR NORTHBROOK CENTER 3RD ADDITION 6f.RESOLUTION NO. 2018-78 ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 2018-09, WATER TOWER NO. 2 AND WATER TOWER NO. 3 REHABILITATION 6g.APPROVAL OF FIRST READING AND SETTING SECOND READING AND PUBLIC HEARING FOR MAY 14, 2018, FOR AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING ZONING CLASSIFICATION OF CERTAIN LAND GENERALLY LOCATED IN THE SOUTHEAST SECTION OF THE CITY, GENERALLY SITUATED BETWEEN HIGHWAY 100 TO THE WEST AND NORTH, LOGAN AVENUE NORTH TO THE EAST, AND 57T11 AVENUE NORTH TO THE SOUTH, AND LOCALLY IDENTIFIED AS 1950 57TH AVENUE NORTH 6h.RESOLUTION NO. 2018-79 AUTHORIZING THE COMMUNITY ACTIVITIES, RECREATION AND SERVICES DEPARTMENT TO APPLY FOR GRANT FUNDING THROUGH THE DEPARTMENT OF NATURAL RESOURCES OUTDOOR RECREATION GRANT PROGRAM 6i. RESOLUTION NO. 2018-80 APPROVING THE METROPOLITAN EMERGENCY SERVICES BOARD OPIATE ANTAGONISTS SUBGRANT AGREEMENT Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. PROCLAMATION DECLARING APRIL 22-29, 2018, TO BE COMMUNITY CLEANUP WEEK Mayor Willson read in full a Proclamation declaring April 22-29, 2018 to be Community Cleanup Week in Brooklyn Center. Councilmember Graves moved and Councilmember Ryan seconded to adopt Proclamation Declaring April 22-29, 2018, to be Community Cleanup Week in Brooklyn Center. Motion passed unanimously. 7h. PROCLAMATION DECLARING APRIL 22, 2018, TO BE EARTH DAY IN 04/09/18 -4- BROOKLYN CENTER Mayor Willson read in full a Proclamation declaring April 22, 2018, to be Earth Day in Brooklyn Center. Councilmember Butler moved and Councilmember Graves seconded to adopt Proclamation Declaring April 22, 2018, to be Earth Day in Brooklyn Center. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. ORDINANCE NO. 2018-03 AMENDING CHAPTER 25 OF THE CITY CODE OF ORDINANCES RELATING TO THE REGULATION OF RIGHT-OF-WAY MANAGEMENT Director of Public Works Doran Cote introduced the item, discussed the history, and stated the purpose of the proposed ordinance. Councilmember Ryan asked if the conversion from 4G to 5G refers to speed and/or bandwidth. Mr. Cote responded affirmatively. Mayor Willson stated he believes the companies will be putting the 5G items closer to the user and asked if they would need to input new equipment to sustain that. Mr. Cote stated that is also correct. Councilmember Graves 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 Butler seconded to close the Public Hearing. Motion passed unanimously. Councilmember Graves asked if there is any information about health effects regarding radio waves on people. She stated she doesn't know enough about the technologies to know if these are known to have an adverse effect on people. Mr. Cote stated if they suspect this may interfere with any current frequencies or can cause any issues, they can request a frequency study. Councilmember Ryan moved and Councilmember Butler seconded to adopt ORDINANCE NO. 2018-03 Amending Chapter 25 of the City Code of Ordinances Relating to the Regulation of Right-of-Way Management. Motion passed unanimously. 04/09/18 -5- 9.PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2018-003, SUBMITTED BY DAVID PEMBERTON OF SATHRE-BERGQUIST, INC., REQUESTING PRELIMINARY PLAT APPROVAL FOR MOHS ADDITION, WHICH WOULD SUBDIVIDE AN EXISTING Ri (ONE FAMILY RESIDENCE) DISTRICT PROPERTY INTO TWO APPROXIMATELY 9,982-SQUARE FOOT LOTS Planner and Zoning Administrator Ginny McIntosh provided an overview of Planning Commission Application No. 2018-003 and advised the Planning Commission recommended approval of the application at its March 29, 2018, meeting. 9a1. RESOLUTION NO. 2018-81, REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2018- 003, SUBMITTED BY DAVID PEMBERTON OF SATHRE-BERGQUIST, INC., REQUESTING APPROVAL OF THE PRELIMINARY PLAT OF MOHS ADDITION (LOCATED AT 5006 FRANCE AVENUE NORTH) Councilmember Butler moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2018-81, Approving Planning Commission Application No. 2018-003, Submitted by David Pemberton of Sathre-Bergquist, Inc., Requesting Preliminary Plat Approval for Mohs Addition, which would subdivide an existing RI (One Family Residence) District property into two approximately 9,9820-square foot lots (Located at 5006 France Avenue North). Motion passed unanimously. 10.COUNCIL CONSIDERATION ITEMS lOa. 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 1 Oa 1 through 1 0a5. lOal. 5301 RUSSELL AVENUE NORTH, SOMMERSET PLACE APARTMENTS 10a2. 6919 FRANCE AVENUE NORTH 100. RESOLUTION NO. 2018-82 APPROVING A TYPE IV RENTAL LICENSE FOR 994 53 " AVENUE NORTH 10a4. RESOLUTION NO. 2018-83 APPROVING A TYPE IV RENTAL LICENSE FOR 2006 BROOK VIEW DRIVE 04/09/18 -6- 10a5. RESOLUTION NO. 2018-84 APPROVING A TYPE IV RENTAL LICENSE FOR 5455 EMERSON AVENUE NORTH 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: 5301 Russell Avenue North; 6919 France Avenue North; and adopt RESOLUTION NO. 2018-82 Approving a Type IV Rental License for 904 53 Avenue North; RESOLUTION NO. 2018-83 Approving a Type IV Rental License for 2006 Brookview Drive; and, RESOLUTION NO. 2018-84 Approving a Type IV Rental License for 5455 Emerson 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. MASTER SAC DEFERRAL AGREEMENT lObi. RESOLUTION NO. 2018-85 APPROVING PAYMENT DEFERRAL AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND THE METROPOLITAN COUNCIL Ms. Beekman introduced this item, provided background, and stated the purpose of this item. Mayor Willson stated he is concerned about this impacting the new business owner. Councilmember Ryan stated he echoes Mayor Willson's thoughts but he is pleased with how staff is taking all of this into consideration with their plans. Mr. Boganey explained what SAC (Sewer Access Charge) mean for the general public. Councilmember Butler moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2018-85 Approving the Payment Deferral Agreement between the City of Brooklyn Center and the Metropolitan Council. Motion passed unanimously. 10b!. RESOLUTION NO. 2018-86 APPROVING PAYMENT DEFERRAL AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND JAMBO AFRICA, INC Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2018-86 Approving the Payment Deferral Agreement between the City of Brooklyn Center and Jambo Africa, Inc. Motion passed unanimously. lOc. RESOLUTION NO. 2018-87 EXPRESSING SUPPORT FOR THE 04/09/18 -7- METROPOLITAN COUNCIL'S U LINE BUS RAPID TRANSIT (BRT) PROJECT Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2018-87 Expressing Support for the Metropolitan Council's D Line Bus Rapid Transit (BRT) Project. Motion passed unanimously. 11.COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • April 4, 2018: Joint Commission Meeting • April 5, 2018: Brooklyn Center Lions Club Meeting • April 13, 2018: Tour of Proposed D Line Transit • April 17, 2018: Crime Prevention Police and Citizens Award Ceremony Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • April 3 2018: Youth blanket making for homeless • April 4, 2018: Joint Council/Commission Meeting • April 5-6, 2018: TOP training • April 14, 2018: Convention at the Library Councilmember Butler reported on her attendance at the following and provided information on the following upcoming events: • March 27, 2018: iPad training and Mac Meeting • April 4,2018: Joint Council/Commission Meeting • April 6-7, 2018: Delegation Youth Event Councilmember Butler noted she will be absent at the next meeting because she will be on vacation. Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • March 27, 2018: Constituent Meeting • March 28, 2018: Myron Green (website Mr. Clean) meeting at Cub Foods • March 30, 2018: VUE National Gala • April 3, 2018: Call with Brooklyn Bridge Alliance Director • April 4, 2018: Joint Council/Commission Meeting 12.ADJOURNMENT Councilmember Graves moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:02 p.m. 04/09/18 -8- Motion passed unanimously. 04/09/18 -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 April 9,2018. 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 April 23, 2018, Regular Session. bat rid 14 ^ 6/) m A Ck Clerk Mayor 04/09/18 -10-