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Home My WebLink About2018 09-10 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 SEPTEMBER 10, 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. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Nate Reinhardt, Deputy Director of Public Works Mike Marsh, Community Development Director Meg Beekman, Planner and Zoning Administrator Ginny McIntosh, Deputy Director of Building and Community Standards Jesse Anderson, 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 Hennings, 1900 Brookview Drive, addressed the City Council. He addressed the bird flu concerns with CDC reports. He stated chickens eat mice, they can smell but not anymore than a dog or cat might smell. He stated they can cluck but not much and it usually happens when they are laying eggs but are much quieter than some dogs. He stated they don't know what they would do with hens after laying happens but he doesn't think anyone would put their dog down at 5. Anna Cooper, 3206 61" Avenue North, addressed the City Council regarding backyard chickens. She stated at -large animals were brought up and noted that if an animal is at -large, whether it is a chicken or a dog, then whatever happens to them is on the owner. Todd Hennings, 1900 Broolcview Drive, addressed the City Council again and stated chickens are like ducks. They down up and to keep themselves warm in the winter and they use each other to stay warm. He also noted they keep netting or wire over the top of the coops to keep chickens from escaping. Councilmember Graves moved and Councilmember Butler seconded to close the Informal Open Forum at 6:59 p.m. Motion passed unanimously. 09/10/18 -1- 2. INVOCATION Councilmember Butler recited a quote by former President Obama requested a moment of silence and personal reflection 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, Deputy Director of Public Works Mike Marsh, Community Development Director Meg Beekman, Planner and Zoning Administrator Ginny McIntosh, Deputy Director of Building and Community Standards Jesse Anderson, 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 Graves seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. August 16, 2018 - Joint Work Session with Planning Commission 2. August 20, 2018 - Joint Work Session with Financial Commission 3. August 27, 2018 - Study Session 4. August 27, 2018 - Regular Session 5. August 27, 2018 - City Council/EDA Work Session 6b. LICENSES MECHANICAL Boys (Mechanical) Electric LLC Deschene Enterprises, Inc. General Heating & Air Conditioning J Dubs LLC NAC Mechanical & Electric Services Northwest Heating & Cooling Solid Refrigeration LLC 09/10/18 -2- 490 Villaume Avenue, So. St. Paul 10131 James Avenue NE, Otsego 11081 Chaparral Avenue, Shakopee 11703 River Hills Drive, Burnsville 1001 Labore Industrial Cit, Ste. B, Vadnais Heights 434 Taylor Street, Anoka 1125 American Blvd. E, Bloomington RENTAL INITIAL (TYPE IV— six-month license) 1112 Emerson Lane N Mark Ronea INITIAL (TYPE II — two—year license) 5024 71St Avenue N Marc Toscano 6319 Indiana Avenue N Fola Ogundipe 5407 Irving Avenue N Mark Gonzales 6225 June Avenue N Marc Toscano RENEWAL (TYPE III — one-year license) 1308 681h Lane N Konrad Wagner c/o Phil Beaumia 5444 Humboldt Avenue N Melanie Boes RENEWAL (TYPE II — tivo year° license) 132963 d Lane N 331264 th Avenue N 1323 67th Lane N 1309 681h Lane N 4935 Abbott Avenue N 7025 Newton Avenue N Vicki Krokum Xuyan Janet Lang Ali Sajjad/786 Homes LLC Amanda Frost/Nelson Robert Anderson Steve Branham RENEWAL (T)PE I— three-year license) 5338-40 Queen Avenue N Thanh Kim Oan 5807 Drew Avenue N Jose Antonio Villagrana 5643 Knox Avenue N Jason Flaa 6c. APPROVAL OF THE FIRST READING OF THE AMENDMENT TO THE RENTAL LICENSING ORDINANCE, SET THE SECOND READING AND PUBLIC HEARING FOR OCTOBER 8, 2018, AND APPROVE THE AMENDED RENTAL LICENSE CATEGORY CRITERIA POLICY 6d. RESOLUTION NO. 2018-156 APPROVING PUBLIC WORKS JOINT POWERS MUTUAL AID AGREEMENT 6e. RESOLUTION NO. 2018-157 DECLARING PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DEAD TREES Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS - None. 8. PUBLIC HEARINGS 09/10/18 -3- 8a. RESOLUTION NO. 2018-158 CERTIFIYING SPECIAL ASSESSMENTS FOR ADMNINSTRATIVE FINES/CITATIONS Deputy Director of Building and Community Jesse Anderson introduced the item, discussed the history, and stated the purpose of the proposed resolution. He noted the abatement issue has been resolved and the updated tax rolls sheet has been provided to the council. Councilmember Lawrence -Anderson moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Mr. Pelkey, 3318 50"' Avenue North, addressed the City Council. He stated he is contesting the fees he is being charged. He stated he has already addressed these fees and doesn't understand why he had to take time out of his day to come here to address them again. Ms. Graham, 6138 Colfax Avenue North, addressed the City Council. She stated she has already paid the fees and is not sure why she continues to be bothered with the bill. Mr. Hagen, 4207 Lakeside Avenue, Apt. 240, addressed the City Council. He stated he paid his bill already and is not sure why he is still getting them. Mr. Lee, 6612 Ewing Avenue, addressed the City Council. He stated he isn't sure what the citation is for and noted he just purchased the house on February 2, 2018, 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. 2018-158 Approving Special Assessments for Administrative Fines/Citations. Motion passed unanimously. 8b. RESOLUTION NO. 2018-159 CERTIFIYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY PROPERTY TAX ROLLS Finance Director Nate Reinhardt introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Lawrence -Anderson moved and Councilmember Butler seconded to open the Public Hearing. 09/10/18 -4- Mr. Jappah, 5338 Logan Avenue addressed the City Council. He stated he is looking for a little more time to pay the fees in the citations. Councilmember Butler moved and Councilmember Lawrence -Anderson seconded to close the Public Hearing. Motion passed unanimously. Councilmember Graves moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2018-159 Approving Special Assessments for Delinquent Public Utility Service Accounts to the Hennepin County Property Tax Rolls. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS Planner and Zoning Administrator Ginny McIntosh provided an overview of Planning Commission Application No. 2018-014 and advised the Planning Commission recommended approval of the applications at its August 30, 2018 meeting. 9a. RESOLUTION NOS. 2018-160 AND 2018-163 APPROVING PLANNING COMMISSION APPLICATION NO. 2018-014, REQUESTING PRELIMINARY AND FINAL PLAT APPROVAL AND SITE AND BUILDING PLAN APPROVAL FOR 7256 UNITY AVENUE NORTH Councilmember Graves moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2018-160 Regarding Recommended Disposition of Planning Commission Application No. 2018-014 Submitted by Dan Walsh of Community Housing Development Corporation, requesting approval of the Preliminary and Final Plat for Unity Place (Located at 7256 Unity Avenue North. Motion passed unanimously. Councilmember Graves moved and Councilmember Butler seconded to adopt RESOLUTION NO. 2018-163 Regarding Recommended Disposition of Planning Commission Application No. 2018-014 Submitted by Dan Walsh of Community Housing Development Corporation, requesting Site and Building Plan Approval (Located at 7256 Unity Avenue North). Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2018-161 TEMPORARILY SUSPENDING THE ISSUANCE OF NEW LICENSES FOR SALE OF TOBACCO OR TOBACCO RELATED PRODUCTS 09/10/18 -5- City Manager Boganey introduced this item. City Attorney Gilchrist stated based on the conversation during the work session and in particular to the application that has been received, he thinks it would be in the best interest of the City Council to make a decision on the license application for tobacco license before they move forward with a motion on the application. Attorney Gilchrist suggested they add an amendment to the language of the Resolution. Mayor Willson stated historically if an application has been received prior to the approval of suspension, the item would be grandfathered in. If any changes made were made tonight it would not affect the process. City Attorney Gilchrist agreed with this is true with zoning but with licensing the council has more power. He suggested adding a number 4, stating, the suspension directed by this resolution shall be in effect immediately, but shall not apply to any new application received prior to the adoption of this resolution. This will make the information more clear. Mayor Willson indicated this is a valid suggestion. Councilmember Ryan moved and Councilmember Lawrence -Anderson seconded to approve RESOLUTION NO. 2018-161 Regarding Temporarily Suspending the Issuance of New Licenses for Sale of Tobacco or Tobacco Related Products as amended by adding number 4 stating the suspension directed by this resolution shall be effective immediately, but shall not apply to any new application received prior to Motion passed unanimously. 10b. RESOLUTION NO. 2018-162 APPROVING TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 6501 BROOKLYN DRIVE 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 Item l Ob. Councilmember Ryan moved and Councilmember Lawrence -Anderson seconded to adopt RESOLUTION NO. 2018-162 approving the issuance of a Type IV six-month provisional rental license and mitigation plan for 6501 Brooklyn Drive, 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. 11. COUNCIL REPORT 09/10/18 -6- Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • September 11, 2018: League of MN Women Voters Forum Councilmember Lawrence -Anderson reported on her attendance at the following and provided information on the following upcoming events: • September 8, 2018: Farmers Market • September 11, 2018: Neighborhood Meeting and League of MN Women Voters Forum Councilmember Graves reported on her attendance at the following and provided information on the following upcoming events: • August 29, 2018: Brooklyn Middle School's Open House • August 30, 2018: Birch Grove Elementary Open House • August 30, 2018: Youth Motivation Festival at Central Park • September 7, 2018: William English Black Business Association Meeting Councilmember Butler reported on her attendance at the following and provided information on the following upcoming events: • September 11, 2018: Neighborhood Meeting and the League of MN Women Voters Forum • September 12, 2018: Top Golf Event Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • August 28, 2018: Rotary Lunch • August 31, 2018: Mayor's Minute taping • September 7, 2018: Liberia Delegation Meeting with City Manager, Police Chief and Deputy City Manager Edwards • September 7, 2018: Kenyan Intercity Organization Church Meeting 12. ADJOURNMENT Councilmember Graves moved and Councilmember Butler seconded adjournment of the City Council meeting at 7:54 p.m. Motion passed unanimously. 09/10/18 -7- 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 September 10, 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 September 24, 2018, Regular Session. City Clerk 09/10/18 -8- 'Y Mayor