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Home My WebLink About2018 05-29 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 MAY 29, 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. PUTT, CALL Mayor Tim Willson and 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 Public Works Doran Cote, Community Development Director Meg Beckman, Planner and Zoning Administrator Ginny McIntosh, Police Chief Tim Gannon, 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. Todd Henning, 1906 Brookview Drive, addressed the City Council. He stated along with several others from the "Backyard Chickens Group", he attended the Housing Commission meeting recently. He stated it was informative, they seemed receptive and open to the idea of having backyard chickens and he stated he is looking forward to the next steps. Anna Cooper, 3206 61st Avenue N, addressed the City Council. She stated she is here on behalf of the "Backyard Chickens Group" as well. She stated she wants to keep the issue in front of the City Council and Housing Commission and appreciates their help on this issue. She also noted, the group has a tent reserved for Earle Brown Days so everyone should stop by. Councjlmember Lawrence-Anderson moved and Councilmember Butler seconded to close the Informal Open Forum at 6:50 p.m. Motion passed unanimously. kI'LIiWIt[SXI Mayor Willson recited a prayer as the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING 05/29/18 -1- The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:00p.m. 4.ROLL CALL Mayor Tim Willson and 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 Public Works Doran Cote, Community Development Director Meg Beckman, Planner and Zoning Administrator Ginny McIntosh, Police Chief Tim Gannon, 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 Lawrence-Anderson seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1.April 30, 2018 - Board of Appeal and Equalization Reconvene 2.May 14, 2018 - Study/Work Session 3.May 14, 2018 - Regular Session 4.May 14, 2018 - Work Session 6b. LICENSES MECHANICAL Affordable Comfort Mechanical LLC dba: Apollo Air Express Inc. App Professional Plumbing Dean's Professional Plumbing Inc. Flare Heating and Air Cond. Hearth & Home Technology dba: Fireside Hearth & Home Joel Smith Heating & A/C Knight Heating & Air Conditioning, Inc. Linn Star Logistics LLC Marsh Heating & A/C Mechanical Air Systems RHL, Inc. 6510 Hwy 36 Blvd N, Oakdale 1010 ll8th1 Ave NE, Blaine 1220 Vernon St., Big Lake 7400 Kirkwood Ct. N, Maple Grove 9303 Plymouth Ave N, Ste. //104, Golden Valley 215th St W., Lakeville 13915 Lincoln St NE Ste. B, Ham Lake 13535 89th St NE, Elk River 9440 Wright Bros Ct SW, Cedar Rapids 6248 Lakeland Ave N, Brooklyn Park 6995 20th Ave S, Centerville 25113 21st Ave, St. Cloud 05/29/18 -2- River City Sheet Metal Inc. dba: River City Furnace Vector Services AMUSEMENT DEVICE Theisen Vending Company dba: Family Dollar Store #5110 Theisen Vending Company dba: Family Dollar Store #45 14 Theisen Vending Company dba: Jammin Wings FIREWORKS PERMANENT American Promotional Events dba: TNT Fireworks American Promotional Events dba: TNT Fireworks FIREWORKS TEMPORARY American Promotional Events dba: TNT Fireworks 8290 Main St NE, Ste. 39, Fridley 712 Vista Blvd Ste. 102, Waconia 2105 57th Avenue 6211 Brooklyn Blvd 2590 Freeway Blvd 3245 Co Rd No 10 6100 Shingle Creek Parkway 3245 Co Rd No 10 LIQUOR - ON-SALE INTOXICATING & SUNDAY SALES Topgolf USA 6420 Camden Avenue N RENTAL INITIAL (TYPE II— Iwo-year license) Humboldt Square 6737-43 Humboldt Avenue N RENEWAL (TYPE III— one-year license) 49th Avenue N 6337 Bryant Avenue N 5415 Emerson Avenue N RENEWAL (TYPE II two-year license) 5337-39 Queen Avenue N 3612 55th Avenue N 6930 Halifax Avenue N 6012 Kyle Avenue N RENEWAL (TYPE I— three-year license) Emerson Chalet 1200 67th Avenue N 5000 France N 6718 Colfax Avenue N Humboldt Square Ventures, LLC Isaac Obi My Truong MNSF II, LLC Thanh Kim Oan Lutheran Social Service of Minnesota Ali Egal James Hager Tom Morrow Dean Gannon and Michael Nightingale RHA 3,LLC 05/29/18 -3- 5909 June Avenue N 6424 June Avenue N 5350 Logan Avenue N 6400 Orchard Avenue N 4718 Twin Lake Avenue 5000 Zenith Avenue N SIGNHANGER A-Sign and Screen Printing Co DeMars Sign Inc. Walker Sign Holding Inc. Jeffrey Davis Faisale Boukari Manoj Mooiani Invitation Homes Richard & Elizabeth Becht Infinite Property, LLC 708 Lowry Avenue N, Minneapolis 410 93rd Avenue NW, Coon Rapids 945 Pierce Butler Route, St. Paul TRANSIENT ACCOMMODATIONS - LEVEL 1 Country Inn & Suites 2550 Freeway Blvd DoubleTree by Hilton Minneapolis North 2200 Freeway Blvd 6e. RESOLUTION NO. 2018-113 APPROVING WELLS FARGO AS THE CITY'S CUSTODIAN FOR INVESTMENT SECURITIES 6d.RESOLUTION NO. 2018-114 ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, PROJECT NOS. 2015-05,06,07 AND 08, 63RD AVENUE STREET AND UTILITY IMPROVEMENTS 6e.RESOLUTION NO. 2018-115 APPROVING CHANGE ORDER NO.2 AND ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, PROJECT NO. 2014-05, WATER TREATMENT PLANT PROJECT 6f. RESOLUTION NO. 2018-116 ESTABLISHING IMPROVEMENT PROJECT NOS. 2019-01, 02, 03 AND 04, INTERSTATE AREA STREET AND UTILITY IMPROVEMENTS 6g. RESOLUTION NO. 2018-117 AUTHORIZING THE EXCHANGE OF ONE PERSONAL FLOATING HOLIDAY FOR THE MONDAY PRECEDING THE 2018 CHRISTMAS DAY HOLIDAY FOR CITY EMPLOYEES Motion passed unanimously. 7.PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS - None. 8.PUBLIC HEARINGS - None. 05/29/18 4- 9. PLANNING COMMISSION ITEMS 9a.RESOLUTION NO. 2018-118 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2018-006 SUBMITTED BY ALAN MILAVETZ OF MILAVETZ, GALLOP & MILAVETZ, REQUESTING SITE AND BUILDING PLAN APPROVAL FOR A 1,222- SQUARE FOOT ADDITION ONTO AN EXISTING OFFICE BUILDING, PARKING LOTS EXPANSION, AND CONSIDERATION OF A REQUEST TO COMBINE TWO ADJACENT COMMON-OWNED LOTS (LOCATED AT 191557TH AVENUE NORTH AND 200157 T" AVENUE NORTH) Planner and Zoning Administrator Ginny McIntosh provided an overview of Planning Commission Application No. 2018-006 and advised the Planning Commission recommended approval of the applications at its May 17, 2018 meeting. Councilmember Graves moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2018-118, Approving Planning Commission Application No, 2018-006, Submitted by Alan Milavetz of Milavetz, Gallop & Milavetz, Requesting Site and Building Plan Approval for a 1,222 square foot Addition onto an Existing Office Building, Parking Lots Expansion, and Consideration of a Request to Combine Two Adjacent Common-owned Lots (Located at 1915 57th Avenue North and 2001 57th Avenue North). Motion passed unanimously. 9b.AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES TO ESTABLISH A NEW SECTION 35-420 TO ALLOW AUTOMOBILE DEALERSHIP OFF-SITE VEHICLE STORAGE AS AN INTERIM USE IN THE I-i, 1-2, AND C-2 ZONING DISTRICTS Community Development Director Meg Beekman provided an overview of Planning Commission Application No. 2018-008 and advised the Planning Commission recommended approval of the applications at its May 17, 2018 meeting. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to Approve First Reading and Set Second Reading and Public Hearing for June 25, 2018, of An Ordinance Amending Chapter 35 of the City Code of Ordinances to Establish a New Section 3 5-420 to Allow Automobile Dealership Off-Site Vehicle Storage as an Interim Use in the I-i, 1-2, and C-2 Zoning Districts. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS lOa. AN ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF ORDINANCES REGARDING MEDIAN SAFETY REQUESTED 05/29/18 -5- Chief Gannon introduced this item and provided an overview of the proposed Ordinance. City Attorney Troy Gilchrist stated this ordinance only focuses on those two roads addressed in this ordinance amendment and noted if they would want others included they would need to amend the language in the proposed ordinance. Chief Gannon stated he would want to look at the data and due the research to make sure they put the most accurate information in any amendments. City Manager Curt Boganey stated he would suggest having staff review and get data for the other median located at Highway 252 to see if it fits the criteria for this ordinance amendment, then they could add that median into the second reading if needed so there is nothing holding up on the process. City Attorney Gilchrist stated it may require a little more work than just adding the 252 medians to the ordinance because he doesn't believe it fits the criteria for this ordinance. He stated he is happy to review it further and noted he wouldn't want to add it to the ordinance and have it jeopardize the entire validity of the ordinance if it doesn't qualify. Councilmember Lawrence-Anderson asked how the public will be educated on this item. Chief Gannon stated they plan to have many media outlets on this item. He stated they have already discussed news coverage on this topic and noted the officers who will actually be dealing with this issue on the roads would be trained. Councilmember Graves asked how much a citation for this offense is, as well as, does the citation increase upon receiving a second one. Chief Gannon stated there will be a warning first, then a citation is issued on the second incident and noted it will be a petty misdemeanor (like a traffic violation). He stated the fees and graduated scale are set by the State. He noted that this is meant to deter people from being in the median areas where traffic is not safe for them, and he believes once a person is warned they are not likely to repeat the offense. Councilmember Graves moved and Councilmember Butler seconded to Approve First Reading and Set Second Reading and Public Hearing for June 25, 2018 in Consideration of an Ordinance Amending Chapter 25 of the Code of Ordinances Regarding Median Safety. Motion passed unanimously. lOb. CONSIDERATION OF INTERIM ORDINANCE NO. 2018-05 REGULATING AUTOMOBILE DEALERSHIP OFF-SITE VEHICLE STORAGE Community Development Director Meg Beekman provided an overview of the proposed Interim Ordinance No. 2015-05, Regulating Automobile Dealership Off-Site Vehicle Storage. Ms. Beekman stated the applicant had a request to change the hours in the interim ordinance to reflect those of their operation which would be 9 p.m. as the latest time they could be operating cars on the site. 05/29/18 -6- City Attorney Gilchrist stated the part of the proposed interim ordinance they are addressing is Article 2, Subsection C "Times in which vehicles can be brought to the site". He stated if the Council is in agreement, he suggested they approve the interim ordinance and then make a motion to approve the amendment which would allow the hours in which they can move cars on and off the site to run concurrent with their hours of operation. Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to Adopt Interim Ordinance No. 2015-05 Regulating Automobile Dealership Off-Site Vehicle Storage effective immediately. Councilmember Ryan moved and Councilmember Graves seconded to Approve an Amendment to Interim Ordinance No. 2015-05 Regulating Automobile Dealership Off-Site Vehicle Storage effective immediately, to allow the times in which vehicles can be brought to the site to run concurrent with the dealerships hours of standard operation. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • May 17, 2018: Neighborhood Meeting in the Park • May 22,2018: MAC Meeting • May 23, 2018: 252 Project Planning Meeting • May 24,2018: BCBA Meeting Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: - None to report at this time. Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • May 15, 2018: Parent Orientation for Freedom Schools Osseo • May 15,2018: CARS Meeting • May 16, 2018: Alfreda Daniels Meeting • May 17, 2018: Neighborhood Meeting in the Park • May 18,2018: BYC Meeting Councilmember Butler reported on her attendance at the following and provided information on the following upcoming events: • May 15, 2018: Housing Commission Meeting • May 17, 2018: Neighborhood Meeting in the Park • June 1,2018: CAPT Open House 1:00pm - 3:30 p.m. 05/29/18 -7- Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • May 16, 2018: Mayors Minute Taping • May 16, 2018: North Metro Mayors Association Meeting • May 17, 2018: FBI Academy Meeting • May 23, 2018: 252 Project Planning Meeting • May 24,2018: FBI Academy Meeting • May 24, 2018: Victoria Townhomes Meeting • May 25, 2018: Meeting with City Manager Boganey • May 29, 2018: Rotary Lunch • May 30, 2018: Brooklyn Center MN Dot 252 Presentation on May 31st 2018 at Brooklyn Center Constitution Hall. 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Graves seconded adjournment of the City Council meeting at 8:02 p.m. Motion passed unanimously. 05/29/18 -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 May 29, 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 June 11, 2018, Regular Session. Uk(Lt/ALLJLLJA City t: erk P--q JA-^ May4 Pro Tern 05/29/18 -9-