HomeMy WebLinkAbout2018 06-25 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
JUNE 25, 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, Kris Lawrence-
Anderson, and Dan Ryan were present. Also present were City Manager Curt Boganey, Deputy
City Manager Reggie Edwards, Community Development Director Meg Beckman, Planner and
Zoning Administrator Ginny McIntosh, Police Chief Tim Gannon, Fire Chief Lee Gatlin, 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.
Melina Garcia, 6913 France Avenue North, addressed the City Council. She stated she and
others have seen pan handlers moving into the residential area of her neighborhood at the corner
of her block. She stated he has been seen laying on the median and leaving garbage around and
she is concerned he is not of sound mental mind and/or under the influence.
Dave Hreha, 4811 63rd Avenue North, addressed the City Council. He stated the City re-sodded
the corner outside his house a few years ago and since it has grown uncontrollable weeds and he
would like to request the City have it re-sodded. He stated he will pay for anything he needs to
in order to get it fixed.
April Heckard, 6907 France Avenue North, addressed the City Council. She stated the City did
some construction in front of her house that left a lot of holes in her yard. She contacted the City
about this issue but she is still hasn't received a call back and would like to know when her yard
will be repaired.
Councilmember Ryan moved and Councilmember Graves seconded to close the Informal Open
Forum at 6:55 p.m.
Motion passed unanimously.
2.INVOCATION
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Councilmember Butler recited a quote by Maya Angelou 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
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, Community Development Director Meg Beekman, 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 Graves moved and Councilmember Lawrence-Anderson seconded to approve
the Agenda and Consent Agenda as submitted, and the following consent items were approved:
6a. APPROVAL OF MINUTES
1.June 11, 2018 - Study/Work Session
2.June 11, 2018—Regular Session
6b. LICENSES
MECHANICAL
2 Cool 2 Heat, LLC
A ABC Appliance & Heating Inc.
dba: Total Comfort
852 86th LN NW, Coon Rapids
8818 7th Ave N,
Golden Valley
Appliance Connections Inc. 12850 Chestnut Blvd, Shakopee
Bonfe Plumbing & Heating & Air Services, Inc. 455 Hardman Ave, South St. Paul
Custom Refrigeration 640 Mendelssohn Ave N, Golden
Valley
Freedom Heating & Air 888 County Rd D West, Ste. 205,
New Brighton
K&S Heating A/C & Plumbing Inc. 4205 HWY 14W,
Rochester
Larson Plbg
3095 162nd La NW, Andover
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Legacy Mechanical Services
McQuillan Bros Plumbing, Heating & AC
Northern Air Heating and Cooling
OT Heating & Cooling LLC
Perfection Heating & Air Inc.
Riccar Heating & A/C
Royalton Heating & A/C
Select Mechanical
Treated Air Company
United Heating & A/C Inc.
Westair Inc.
AMUSEMENT DEVICE
Mendota Valley Amusement, Inc.
Mendota Valley Amusement, Inc.
GARBAGE HAULER
Curbside Waste
Walz Brothers Sanitation
RENTAL
INITIAL (TYPE III— one-yecir license)
5542 Irving Avenue N
RENEWAL (TYPE ill— one-year license)
1302 69th Avenue N
4216 Lakebreeze Avenue
201255 th Avenue N
5600 Colfax Avenue N
6618 Colfax Avenue N
6642 Dupont Avenue N
6724 France Avenue N
4214 Lakeside Avenue
6424 Marlin Drive
7224 Noble Avenue N
RENEWAL (TYPE II— two-year license)
3501 47th Avenue N
1717 120th St NE, Monticello
1711 MN 36 E, Maplewood
888 County Rd D W, New Brighton
10020 Dogwood St NW #A3, Coon
Rapids
1770 Gervais Ave, Maplewood
2387 Station Parkway
NW, Andover
4120 85th Ave N,
Brooklyn Park
6219 Cambridge Street, St. Louis
Park
9954 166th Ct SE, Becker
1295 Hackamore Road, Medina
11184 River Road NE,
Hanover
6110 Brooklyn Blvd
6845 Shingle Creek Parkway
4025 85th Ave N, Brooklyn Park
P.O. Box 627, Maple Grove
Doug Wahl
Myra Chazin
Daniel Tan
Invitation Homes
(Missing cpted)
Thai Vang
Khemraj Changrawatie
Kevin Motaijemi
Jessica Stoll
James & Gloria Shoultz
(Missing 1 ARM Meeting)
Charles Jing Bright
(Missing cpted)
Quoc Ai Nguyen
Todd Burmeister
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3224 62 nd Avenue N
1300 68th Lane N
5333 Dupont Avenue N
5712 Northport Drive
6900 Quail
RENEWAL (T)PE I— three-year license)
5200 France Avenue N
5930 Aldrich Avenue N
6001 Emerson Avenue N
5325 France Avenue N
1549 Humboldt Place N
5740 Logan Avenue N
6000 Vincent Avenue N
Michael Mills
Grant and Pam Osgood
RHA 3, LLC
Cindy & Raymond Scherbing
Michael Johnson
Christian Knutson
Lori Kay Stevenson
Keith Carrico
David Goeske
ShoeMiller Properties LLC
Lin Shuang LLC
Patricia Slatosky
6c.RESOLUTION NO. 2018-126 APPOINTING ELECTION JUDGES FOR
2018 ELECTIONS
6d.RESOLUTION NO. 2018-127 AUTHORIZING THE ECONOMIC
DEVELOPMENT AUTHORITY TO SUBMIT A MINNESOTA INVEST
FUND APPLICATION ON BEHALF OF GET BIZZY, INC.
Motion passed unanimously.
7.PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
7a. PRESENTATION BY SHANNON FULL, PRESIDENT/CEO OF TWIN WEST
CHAMBER OF COMMERCE
This item will be rescheduled as Shannon Full was not available this evening.
8.PUBLIC HEARINGS
8a. ORDINANCE NO. 2018-06 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
Planner and Zoning Administrator Ginny McIntosh introduced the item, discussed the history,
and stated the purpose of the proposed ordinance.
Councilmember Ryan asked what the time limit would be for this permit. Ms. McIntosh stated it
is on a case-to-case basis. She stated the Luther Auto Dealership has the 5900 Shingle Creek
Parkway site which is part of the Opportunity Site.
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City Manager Curt Boganey explained that the ordinance being discussed tonight is not specific
to any site or permit.
Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to open the
Public Hearing.
Motion passed unanimously.
No one appeared to address this item.
Councilmember Lawrence-Anderson moved and Councilmember Butler seconded to close the
Public Hearing.
Motion passed unanimously.
Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to adopt
ORDINANCE NO. 2018-06 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.
Motion passed unanimously.
8b. ORDINANCE NO. 2018-07 AMENDING CHAPTER 25 OF THE CODE OF
ORDINANCES REGARDING MEDIAN SAFETY
Police Chief Tim Gannon introduced the item, discussed the history, and stated the purpose of
the proposed ordinance.
Mayor Willson stated over the past two years due to concerns and outreach from citizens, they
have looked at other cities that address this issue and have not found anything that has held up in
court. He stated the City Attorney has drafted a narrow and specific document that he is
confident the courts will accept. He noted they found a lot of case law which had been thrown
out in the past because they were vague in sites.
Councilmember Lawrence-Anderson moved and Councilmember Butler seconded to open the
Public Hearing.
Motion passed unanimously.
Melina Garcia, 6913 France Avenue North, addressed the City Council. She stated she has been
living in Brooklyn Center since 2011 and noted she has seen an increase in panhandlers on the
medians. She noted the City is a leader in the auto industry and she doesn't think it looks good.
She asked if the ordinance is passed and she sees this issue in her area, what type of resolution
could she expect.
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Mayor Willson stated she can call 911 and state it's a non-emergency but that way her concerns
will be documented.
Ms. Garcia asked what she can do about signs that were zip-tied to the signs on the corners
around her neighborhood.
Mayor Willson stated she can go online and make a complaint on the website or call 911 and
note it is a non-emergency call. Mr. Boganey stated also calling City Hall she will be routed to
the appropriate person who can help her.
April Heckard, 6907 France Avenue North, addressed the City Council. She asked where the
definition of high traffic they used for the ordinance comes from. Mayor Willson stated it is from
traffic studies.
Ms. Heckard noted her neighborhood shouldn't be high traffic but she notes a lot of cars coming
and going through the night. She stated there is a panhandler who showed up a few weeks ago
and is there all day and night right on the other side of her yard. She doesn't like that the
panhandlers can see her coming and going and knows her daily schedule, she stated she chose
her neighborhood because it was comfortable and safe for her daughter and no longer feels safe.
Susan Arneson, 3818 57th Avenue North, addressed the City Council. She asked if there will be
signage posted on the medians if this ordinance is passed.
Mayor Willson stated some of the roads owned by Hennepin County have already been putting
up signs on their streets.
Mr. Boganey stated they are not sure about that, he stated it will be discussed if the ordinance is
passed this evening. He stated they are hoping that citations and letting people know it is not
allowed will be enough action but following that if it continues to be an issue then they would
probably look at posting signs.
Timothy Haroidson, 1207 72 nd Avenue North, addressed the City Council. He stated White Bear
Lake has an ordinance that pertains to this issue, he stated the boarder of Maplewood and White
Bear Lake you can see the panhandlers only on the Maplewood side. He stated there are a few
medians that wouldn't be covered by this ordinance and noted if this passes they may want to
keep an eye out for those places and increased panhandlers there.
Mr. Boganey stated this ordinance won't solve all the problems, but it is intended to help.
City Attorney Troy Gilchrist stated courts have stated public walkways are free space and people
can be there so the courts are struggling with how to focus on safety concerns without breaching
the public's rights of expression.
Councilmember Lawrence-Anderson stated she has in cases told business owners about any
panhandlers on their property and in most cases, they address the issue.
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Councilmember Ryan moved and Councilmember Butler seconded to close the Public Hearing.
Motion passed unanimously.
Councilmember Ryan moved and Councilmember Graves seconded to adopt ORDINANCE NO.
201 8-O7Amending Chapter 25 of the Code of Ordinances Regarding Median Safety
Motion passed unanimously.
9. PLANNING COMMISSION ITEMS
9a. PLANNING COMMISSION APPLICATION NO. 2018-009, SUBMITTED BY
NEAL THAO OF NOBLE ACADEMY, REQUESTING APPROVAL OF A SITE
PLAN FOR A DRIVEWAY EXPANSION (LOCATED AT 6201 NOBLE AVENUE
NORTH)
Planner and Zoning Administrator Ginny McIntosh provided an overview of Planning
Commission Application No. 2018-009 and advised the Planning Commission recommended
approval of the applications at its June 14, 2018 meeting.
Ms. McIntosh answered questions of the City Council regarding the request for approval of a site
plan for a driveway expansion (located at 6201 Noble Avenue North).
Councilmember Ryan stated he wanted to clarify that there wouldn't be any bus storage onsite.
Ms. McIntosh stated that is correct, the school contracts the buses and that business stores the
buses offsite. Councilmember Ryan asked if the applicant will need to restore the landscaping to
its original stated after expanding the sidewalk. Ms. McIntosh stated that is correct.
Councilmember Butler asked if residents were happy with the result of the site plans when they
left the Planning Commission meeting. Ms. McIntosh stated not all of them were pleased and
noted some are here tonight.
Councilmember Lawrence-Anderson stated her kids went to Odyssey School a long time ago.
She stated they played on the hill and it will not be the same without it. She stated she is not in
support of removing the hill.
Councilmember Butler stated she is uneasy about approving this site plan due to the large
number of residents being opposed to this project. She stated she agrees with Councilmember
Lawrence-Anderson and is not in support of the site plan.
Mayor Willson stated he understands that residents are not happy about the hill being removed
for the bus lane to be installed, but noted the applicant owns the land and he doesn't see any legal
reasons in which the city can't approve the application.
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Councilmember Ryan asked if it would be appropriate to allow the residents present tonight to
speak to their concerns and hold a brief open hearing. Mayor Willson stated that would be fine
and asked for a motion to open a public hearing.
Councilmember Graves moved and Councilmember Butler seconded to open the Public Hearing.
Motion passed unanimously.
Aim Dahlin, 6208 Perry Avenue North, addressed the City Council. She stated they are in favor
of the school but their concerns are that the developer left the residents out of the picture. She
stated this is not a small upgrade and she stated in her research using a staggered drop off and
pick up has worked well and she doesn't see the need to do any work on the hill or green space.
Marcos Carmona, 6202 Perry Avenue North, addressed the City Council. He stated his concern
is the negative impact this project has on the green area around the school and their
neighborhood.
Jerry Dahlin, 6208 Perry Avenue North, addressed the City Council. He stated they are against
the revised plan and also are against the entire plan in general. He noted they were blindsided
and it was not brought up until 10 days ago and they have been acting ever since.
Kerry Dahlin, 6208 Perry Avenue North, addressed the City Council. She stated the developers
don't want to destroy the area, its green and beautiful and the school doesn't know what they are
getting rid of.
Councilmember Ryan asked how the traffic flow was in the past. Ms. Dahlin explained they
would pull in off 63 rd turn onto Noble and pull through the drive through at the front door and
then turn right onto Noble and make a circle.
Mohammed Remtula, 6220 Perry Avenue North, addressed the City Council. He stated he wants
to thank the City for all they do.
Mr. Yang, contractor for the applicant, addressed the City Council. He apologized for the
residents' feeling side-blinded by the project. He stated it was not intentional; they were
following the process laid out by the City. He stated the hill on Perry Avenue will remain as it
was once it is re-sodded. He noted the other hill will have some minor modifications but it will
not change much. He addressed the concerns regarding traffic during the day and stated they will
be gating the 63'' exit so when school is out, traffic is not coming and going.
Councilmember Ryan asked if they can make the turn for the bus lane on the original plan wider.
Ms. McIntosh stated it would be tight. She stated per the fire inspection it will need a 20-foot
wide turn.
Councilmember Lawrence-Anderson stated she is familiar with the space and charter schools and
the way it was running before was fine with a staggered pick-up and drop-off schedule for the
buses. She stated she can't support the green space and hill being removed.
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Councilmember Graves asked how long they think the project will take to completed. Mr. Vang
stated they hope to be done by mid-August.
City Attorney Gilchrist addressed the Mayor's statement regarding the fact the property belongs
to the applicant and the City Council doesn't have much recourse to deny the applicant the right
to do whatever on that land unless it doesn't meet a City Code or Ordinance. He noted the scope
of discretion narrows as the City Council gets closer to the administrative levels.
Councilmember Ryan asked if they could place conditions on the permit, limiting the amount of
green space and hill that the applicant can remove. City Attorney Gilchrist stated they can place
a condition that states the applicant will work with staff to minimize impact on that space, but
noted that doesn't guarantee anything.
Marcos Carmona, Jr., 6202 Perry Avenue N, addressed the City Council. He stated he noticed
the applicant is building the outside classroom in a location where children will have to cross the
parking lot to get to it. He stated he doesn't think that is safe and that it contradicts the
applicant's main reason for putting in the new bus lane, safety of the children.
Councilmember Ryan moved and Councilmember Graves seconded to close the Public Hearing.
Motion passed unanimously.
Councilmember Graves moved and Mayor Willson seconded to approve Planning Commission
Application No. 2018-009, Submitted by Neal Thao of Noble Academy, Requesting Approval of
a Site Plan for a Driveway Expansion (Located at 6201 Noble Avenue North).
Councilmember Lawrence-Anderson and Councilmember Butler voted against the same.
Motion passed.
Councilmember Ryan moved and Mayor Willson seconded to amend the approval of Planning
Commission Application No. 2018-009, Submitted by Neal Thao of Noble Academy, Requesting
Approval of a Site Plan for a Driveway Expansion (Located at 6201 Noble Avenue North), to
direct staff to work with applicant to minimize the effect on the hill and green space on the
property.
Councilmember Lawrence-Anderson and Councilmember Butler voted against the same.
Motion passed.
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.
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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 lOal through lOalO.
lOal. RESOLUTION NO. 2018-128 APPROVING A TYPE IV 6-MONTH
PROVISIONAL RENTAL LICENSE FOR 7240 WEST RIVER RD
10a2. RESOLUTION NO. 2018-129 APPROVING A TYPE IV 6-MONTH
PROVISIONAL RENTAL LICENSE FOR 3106 64TH AVENUE NORTH
100. RESOLUTION NO. 2018-130 APPROVING A TYPE IV 6-MONTH
PROVISIONAL RENTAL LICENSE 5410 GIRARD AVENUE
10a4. RESOLUTION NO. 2018-131 APPROVING A TYPE IV 6-MONTH
PROVISIONAL RENTAL LICENSE FOR 5302 HUMBOLDT AVENUE
NORTH
10a5. RESOLUTION NO. 2018-132 APPROVING A TYPE IV 6-MONTH
PROVISIONAL RENTAL LICENSE FOR 6765 HUMBOLDT AVENUE
NORTH
10a6. RESOLUTION NO. 2018-133 APPROVING A TYPE IV 6-MONTH
PROVISIONAL RENTAL LICENSE FOR 7031 HUMBOLDT AVENUE
10a7. RESOLUTION NO. 2018-134 APPROVING A TYPE IV 6-MONTH
PROVISIONAL RENTAL LICENSE FOR 6413 JUNE AVENUE NORTH
10a8. RESOLUTION NO. 2018-135 APPROVING A TYPE IV 6-MONTH
PROVISIONAL RENTAL LICENSE FOR 7030 REGENT AVENUE
NORTH
100. RESOLUTION NO. 2018-136 APPROVING A TYPE IV 6-MONTH
PROVISIONAL RENTAL LICENSE FOR 6424 SCOTT AVENUE NORTH
lOalO. RESOLUTION NO. 2018-137 APPROVING A TYPE IV 6-MONTH
PROVISIONAL RENTAL LICENSE FOR 4734 TWIN LAKE AVENUE
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
and adopt RESOLUTION NO. 2018-128 Approving a Type IV Rental License for7240 West
River Road; RESOLUTION NO. 2018-129 Approving a Type IV Rental License for 3106 64th
Avenue North; RESOLUTION NO. 2018-130 Approving a Type IV Rental License for 5410
Girard Avenue North; RESOLUTION NO. 2018-131 Approving a Type IV Rental License for
5302 Humboldt Avenue North; RESOLUTION NO. 2018-132 Approving a Type IV Rental
License for 6765 Humboldt Avenue North; RESOLUTION NO. 2018-133 Approving a Type IV
Rental License for 7031 Humboldt Avenue North; RESOLUTION NO. 2018-134 Approving a
Type IV Rental License for 6413 June Avenue North; RESOLUTION NO. 2018-135 Approving
a Type IV Rental License for 7030 Regent Avenue North; RESOLUTION NO. 2018-136
Approving a Type IV Rental License for 6424 Scott Avenue North; and RESOLUTION NO.
2018-137 Approving a Type IV Rental License for 4734 Twin Lake Avenue, 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.
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11.COUNCIL REPORT
Councilmember Ryan reported on his attendance at the following and provided information on
the following upcoming events:
• June 20, 2018: Neighborhood Meeting
• June 21, 2018: Earle Brown Days Parade
• June 30, 2018: Saturday night fireworks
Councilmember Lawrence-Anderson reported on her attendance at the following and provided
information on the following upcoming events:
• June 26, 2018: MAC Meeting
• June 29, 2018: Volunteering, selling tickets
Councilmember Graves reported on her attendance at the following and provided information on
the following upcoming events:
• June 16, 2018: Juneteenth Celebration and Tator Days Festival
• June 20, 2018: Neighborhood Meeting
• June 21, 2018: Earle Brown Days Parade
• June 23, 2018: Earle Brown Days Family Festival
Councilmember Butler reported on her attendance at the following and provided information on
the following upcoming events:
• June 20, 2018: Neighborhood Meeting
• June 21, 2018: Earle Brown Days Parade
• June 23, 2018: Earle Brown Days Family Festival
Mayor Willson reported on his attendance at the following and provided information on the
following upcoming events:
• June 11, 2018: Returned from US Conference of Mayors
• June 15, 2018: Meeting with Mr. Boganey
• June 19, 2018: Rotary Meeting
• June 20, 2018: Neighborhood Meeting
• June 21, 2018: Earle Brown Days Parade
• June 22, 2018: Meeting with Saint Alfanso Group Assembly
12.ADJOURNMENT
Councilmember Ryan moved and Councilmember Graves seconded adjournment of the City
Council meeting at 9:30 p.m.
Motion passed unanimously.
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STATE OF MINNESOTA)
COUNTY OF HENNEPIN) ss. Certification of Minutes
CITY OF BROOKLYN CENTER)
The undersigned, being the duly qualified and appointed City Cleric 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 June
25, 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 July 9, 2018, Regular Session.
L1L
City Clerk
Mayor
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