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HomeMy WebLinkAbout2012 04-23 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 23, 2012 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 Carol Kleven, Kay Lasman, Lin Myszkowski, Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Sandy Christensen, 6803 Toledo Avenue N., stated her objection to the Maranatha Homes project to rezone land directly adjacent to her property to R -5 or R -6, possibly resulting in a four - to five -story building. Braden Barnhart, 6813 Toledo Avenue N., stated his objection to the Maranatha Homes project and request to rezone from R -1 due to the shadow a multi -story building would cast on his back yard and ability for residents of a two -three story building to see into his back yard. Mr. Barnhart pointed out that other businesses were not allowed to go above two stories or within 40 feet. Kris Anderson, 5213 Eleanor Lane, reported the Park and Recreation Commission and Housing Commission will meet to address outstanding issues relating to the community garden program and intends to make a recommendation to the City Council for consideration at its May 14, 2012, meeting. Judy Broeren, 5001 Zenith Avenue N., asked the City to reconsider a community garden in Happy Hollow Park. Because there are a lot of new families with children, and she is concerned with safety as there are no stop signs off Brooklyn Boulevard and traffic travels at a fast speed. 04/23/12 -1- Allan Hancock, 5520 Freemont Avenue N., supported a community garden program and suggested a meeting be held to determine the location of community interest prior to selecting a specific location. Randy Christensen, 7001 Regent Avenue N., addressed the Maranatha project and indicated the neighborhood is opinionated in its opposition to this project. He asked the City Council to assure it is aware of the history with Maranatha, noting it had changed ownership, and asked that the letter he submitted be formally entered into the record. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 7:00 p.m. Motion passed unanimously. 2. INVOCATION Presentation of Colors by St. Alphonsus Boy Scout Troop 454. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:02 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited when the Colors were presented. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Myszkowski moved and Councilmember Kleven seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. April 9, 2012 — Study Session 2. April 9, 2012 — Regular Session 3. April 11, 2012 — Joint Session with Commissions 04/23/12 -2- 6b. LICENSES MECHANICAL Aairgate Heating & A /C, Inc. Dietrich Mechanical GTS HVAC, Inc. Gilbert Mechanical Glowing Hearth & Home J Berd Mechanical Contractors, Inc. Louis DeGidio Services, Inc. Midwest Maintenance & Mechanical Northern Heating & A/C, Inc. RC Heating & A/C Solid Refrigeration LLC South Mechanical Contractors, Inc. Westair Corporation MOTOR VEHICLE DEALERSHIP Boulevard Auto Sales, Inc. PUBLIC DANCE Brooklyn Center Investments Group, Inc. RENTAL RENEWAL (TYPE III — one-year license) 1304 68th Lane N. 6765 Humboldt Avenue N. 5617 Logan Avenue N. RENEWAL (TYPE II — two-year license) 4810 63rd Avenue N. Passed w /Weather Deferral 5348 70th Circle 5325 Humboldt Avenue N. Passed w/Weather Deferral 6753 Humboldt Avenue N. 6813 Humboldt Avenue N., B304 6937 Unity Avenue N. 7169 Unity Avenue N. RENEWAL (TYPE I — three-year license) 5160 Drew Avenue N. Passed w/Weather Deferral 4707 Eleanor Lane 5637 Emerson Avenue N. 6819 Orchard Avenue N. 04/23/12 -3- P.O. Box 1649, Maple Grove 4353 Sequoia Drive, Eagan 4018 Joyce Lane, Brooklyn Center 4451 West 76th Street, Edina 100 Eldorado Drive, Jordan 3308 Southway Drive, St. Cloud 21033 Heron Way, Lakeville 710 Pennsylvania Avenue S., Golden Valley 9431 Alpine Drive NW, Ramsey 4880 McAllister Avenue NE, St. Michael 1125 American Boulevard E., Bloomington 21005 Langford Avenue, Jordan 11184 River Road NE, Hanover 6121 Brooklyn Boulevard 2101 Freeway Boulevard Samuel Holloway II Moeen Ahmad Masood /Shehla Alvi Darwin and Marcia Kulzer Paul Miller Deepak Nath Linda Mitchell Moeen Ahmad Mosood /Shehla Alvi Raymond Charest Wells Bovard Angelique Brown Chen Zhou Todd Vlasaty Douglas Pederson Lue Moua 6437 Scott Avenue N. Greg Gervlis SIGNHANGER Signation Sign Group Spectrum Sign Systems, Inc. 6840 Shingle Creek Parkway 9278 Isanti Street NE, Blaine TOBACCO RELATED PRODUCT Family Dollar 2105 57th Avenue N. 6211 Brooklyn Boulevard 6c. RESOLUTION NO. 2012 -57 SUPPORTING THE CITY OF BROOKLYN CENTER'S MINNESOTA SAFE ROUTES TO SCHOOL PLANNING ASSISTANCE GRANT APPLICATION 6d. RESOLUTION NO. 2012 -58 AMENDING FUNDING SOURCES, IMPROVEMENT PROJECT NO. 2010 -16, CONTRACT 2010 -I, SHINGLE CREEK RESTORATION IMPROVEMENTS 6e. RESOLUTION NO. 2012 -59 AUTHORIZING EXECUTION OF A SITE LEASE AGREEMENT WITH ZAYO GROUP, LLC 6f. RESOLUTION NO. 2012 -60 ACCEPTING QUOTATIONS AND AWARDING A CONTRACT FOR 2012 DISEASED TREE REMOVAL PROGRAM 6g. RESOLUTION NO. 2012 -61 SUPPORTING AN APPLICATION BY AEON FOR A HENNEPIN COUNTY ENVIRONMENTAL FINANCIAL GRANT (VIEW POINTE AT SHINGLE CREEK) Motion passed unanimously. 7. PRESENTATIONS /PROCLAMATIONS/RECOGNITIONS /DONATIONS 7a. BUILDING AND COMMUNITY STANDARDS ANNUAL REPORT Assistant City Manager /Director of Building and Community Standards Vickie Schleuning presented the Building and Community Standards annual report that included highlights of department activities. Councilmember Lasman moved and Councilmember Ryan seconded to receive the Building and Community Standards annual report. Motion passed unanimously. 7b. PROCLAMATION DECLARING MAY 20 -26, 2012, PUBLIC WORKS WEEK IN BROOKLYN CENTER 04/23/12 -4- Councilmember Kleven moved and Councilmember Myszkowski seconded to adopt PROCLAMATION declaring May 20 -26, 2012, Public Works Week in Brooklyn Center. Mayor Willson read the proclamation in full and extended the City Council's appreciation to the excellent staff of Brooklyn Center. Councilmember Lasman described the after -hour sacrifices made by the City's Public Works staff. Motion passed unanimously. City Manager Curt Boganey thanked the City Council for its direction and leadership. He recognized the Building and Community Standards Department and Public Works Department as well as the leadership provided by Mr. Lillehaug and Ms. Schleuning. Mr. Boganey stated it is his privilege to serve as City Manager and thanked staff for their contribution. 8. PUBLIC HEARINGS - None. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2012 -002 SUBMITTED BY PAUL HYDE OF REAL ESTATE RECYCLING, LLC. REQUEST FOR THE APPROVAL OF REZONING OF LAND LOCATED AT 4001 LAKEBREEZE AVENUE FROM C -2 (COMMERCE) TO PUD -MIXED C -1 /I -1 (PLANNED UNIT DEVELOPMENT -MIXED COMMERCE AND INDUSTRIAL PARK) Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2012 -002 submitted by Paul Hyde of Real Estate Recycling LLC for approval of rezoning of land located at 4001 Lakebreeze Avenue from C -2 (Commerce) to PUD -MIXED C- 2/I-1 (Planned Unit Development -Mixed Commerce and Industrial Park). He noted the City Council and Metropolitan Council had approved a land use change from OS- Office /Service Business to a new Mixed -Use OS /I- Office - Service Business /Industrial. Mr. Benetti advised of asbestos contamination found on the site and that Mr. Hyde is actively seeking grants to clean the site. It was noted the development and site plans will come before the City Council at a future meeting. Mr. Benetti advised of the Planning Commission's consideration and recommendation for approval of the rezoning element at its April 12, 2012 meeting. Mr. Benetti answered questions of the City Council relating to the 50 -foot buffer and 8 -foot high fence with landscaping along Azelia Avenue North to screen single - family and duplex properties. He advised that the trail easement complies with the Three Rivers Park District requirement and will create a connection at the southwest corner. Mr. Benetti stated some cutting may be required into the hill to accommodate a 10 -foot trail. 1. RESOLUTION NO. 2012 -62 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012 04/23/12 -5- 002 SUBMITTED BY PAUL HYDE OF REAL ESTATE RECYCLING, LLC, FOR A REZONING OF LAND LOCATED AT 4001 LAKEBREEZE AVENUE NORTH FROM C2 (COMMERCE) TO PUD -MIXED C2 /I -1 (PLANNED UNIT DEVELOPMENT -MIXED COMMERCE AND INDUSTRIAL PARK) Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2012 -62 Regarding the Recommended Disposition of Planning Commission Application No. 2012 -002 Submitted by Paul Hyde of Real Estate Recycling, LLC, for a Rezoning of Land Located at 4001 Lakebreeze Avenue North From C2 (Commerce) To PUD -Mixed C2 /I -1 (Planned Unit Development -Mixed Commerce and Industrial Park) Motion passed unanimously. 2. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND GENERALLY LOCATED IN THE MOST SOUTHERLY SECTION OF THE CITY OF BROOKLYN CENTER, SITUATED BETWEEN AZELIA AVENUE NORTH TO THE WEST, LAKEBREEZE AVENUE NORTH TO THE NORTH, AND HIGHWAY 100 TO THE EAST AND SOUTH (ADDRESSED AS 4001 LAKEBREEZE AVENUE NORTH) Councilmember Lasman moved and Councilmember Ryan seconded to approve first reading of an Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding the Zoning Classification of Certain Land Generally Located in the Most Southerly Section of the City of Brooklyn Center, Situated Between Azelia Avenue North to the West, Lakebreeze Avenue North to the North, and Highway 100 to the East And South (Addressed as 4001 Lakebreeze Avenue North) and set second reading and Public Hearing for May 14, 2012. Motion passed unanimously. 9b. PLANNING COMMISSION APPLICATION NO. 2012 -005 SUBMITTED BY BORDER FOODS, INC. REQUEST FOR THE APPROVAL OF A VARIANCE TO CITY CODE SECTION 35 -703 AND SITE AND BUILDING PLAN APPROVAL OF A NEW TACO BELL RESTAURANT LOCATED AT 5532 BROOKLYN BOULEVARD Mr. Benetti provided an overview of Planning Commission Application No. 2012 -005 submitted by Border Foods, Inc. for approval of a variance to City Code Section 35 -703 and site and building plan approval of a new Taco Bell Restaurant located at 5532 Brooklyn Boulevard. Mr. Benetti advised the Planning Commission• recommended approval of the application at its April 12, 2012, meeting subject to conditions as detailed in the draft resolution. Mr. Benetti answered questions of the City Council relating to the drive -thru configuration and one -way service lane that will remove drive -thru traffic from internal customer traffic. It was noted that over 60% of business is conducted via the drive -thru but it moves very quickly. 04/23/12 -6- The City Council discussed the project and stated its appreciation to Taco Bell for presenting an improved layout; however, concern was expressed about the drive -thru circulation. Mr. Benetti acknowledged the site is constrained but it is felt the proposed layout will work. He indicated the driveway locations meet the requirement for a 50 -foot separation and the drive -thru lane will have B6 -12 concrete curb to address runoff. The City Council agreed there is clear justification for variance consideration. With regard to the deteriorating condition of Brooklyn Boulevard Lane, Mr. Benetti advised it is a private roadway and the responsibility of the businesses. Mr. Boganey stated all of the owners have a joint agreement that requires them to be responsible for upkeep and maintenance of that private roadway. 1. RESOLUTION NO. 2012 -63 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012 -005 SUBMITTED BY BORDER FOODS, INC. FOR THE APPROVAL OF A VARIANCE TO CITY CODE SECTION 35 -703 AND SITE AND BUILDING PLAN APPROVAL OF A NEW TACO BELL RESTAURANT, LOCATED AT 5532 BROOKLYN BOULEVARD Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2012 -63 Regarding the Disposition of Planning Commission Application No. 2012 -005 Submitted by Border Foods, Inc. for the Approval of a Variance to City Code Section 35 -703 and Site and Building Plan Approval of a New Taco Bell Restaurant, Located at 5532 Brooklyn Boulevard. Barbara Schneider, representing Border Foods, thanked the City Council for its consideration and positive comments. She reported they continue to work with staff to address questions raised and provide requested documentation. Ms. Schneider indicated Taco Bell has several other drive -thru locations that successfully operate with this configuration, noting the radius complies with franchisor standards for site development. With regard to timing, Ms. Schneider explained if approved tonight, they will submit plans for permitting, go out for bids, demolish the building, start site work/construction in June, and it will take 100 days to erect the new building. The City Council stated its appreciation to Taco Bell for having faith in Brooklyn Center and willingness to redevelop. Ms. Schneider stated the owners of this business and senior staff live in Minneapolis, the business participates with the food shelf, and is a member of the community. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 5240 DREW AVENUE NORTH Assistant City Manager/Director of Building and Community Standards Vickie Schleuning 04/23/12 -7- advised that 5240 Drew Avenue N. was inspected and 20 property code violations were cited and ultimately corrected. There have been 6 validated police incidents /nuisance calls within the last 12 months. This property was previously licensed as a Type III Rental License and qualifies for a Type IV six -month provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan. Councilmember Ryan moved and Councilmember Lasman seconded to accept the staff report. Motion passed unanimously. Councilmember Ryan moved and Councilmember Lasman seconded to open the hearing. Motion passed unanimously. Brad Schumacher, property owner of 5240 Drew Avenue N., noted violation of the City's Crime Free Housing Ordinance results in tenant eviction; however, in the case of car theft it results in punishing the victim of the car theft and placing them at a disadvantage. Mr. Schumacher suggested the City Council reconsider this provision so tenants are not afraid to call the police. He indicated his parking lot is being used by those trafficking drugs at Twin Lakes Manor, which results in attributing additional police calls to his property and an inability to receive a higher level of rental licensure. Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. Councilmember Kleven moved and Councilmember Lasman seconded to approve the issuance of a Type IV six -month provisional rental license and mitigation plan for 5240 Drew Avenue N., with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10b. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 4306 65TH AVENUE NORTH Ms. Schleuning advised that 4306 65th Avenue N. was inspected and 21 property code violations were cited and ultimately corrected. This is a new rental license. The property qualifies for a Type IV six -month provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation 04/23/12 -8- plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan. Councilmember Lasman moved and Councilmember Ryan seconded to accept the staff report and open the hearing. Motion passed unanimously. No one appeared to address the Council. Councilmember Lasman moved and Councilmember Myszkowski seconded to close the hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Kleven seconded to approve the issuance of a Type IV six -month provisional rental license and mitigation plan for 4306 65th Avenue North, with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10c. RESOLUTION NO. 2012 -64 ORDERING CORRECTIONS OF HAZARDOUS AND NUISANCE CONDITIONS AT 6701 BRYANT AVENUE NORTH, BROOKLYN CENTER Ms. Schleuning introduced the item and advised this property (both house and garage) were significantly damaged by fire and considered a significant health hazard. She presented the history of action with this property, abatement that occurred, and indicated the property was not in compliance. Ms. Schleuning advised the property is under new ownership but due to the length of time the accessory and principal structures have been in a hazardous condition, staff recommends authorization to abate the nuisance. The City Council acknowledged the structures posed a health hazard and asked questions relating to the process. Ms. Schleuning advised that if approved tonight, the prosecuting attorney will serve this order and the property owner will have ten days to demolish the garage. It was indicated additional study was needed relating to the interior work required for the house structure. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2012 -64 Ordering the Correction of Hazardous Conditions and further for the Abatement of Public Nuisances, Safety and Health Hazards with Respect to that Real Estate Located at 6701 Bryant Avenue N., Brooklyn Center, Minnesota 55430 Legally Described as Lot 8, Block 1, West River Estates, Hennepin County, Minnesota in the City of Brooklyn Center, Hennepin County, Minnesota and its owner Latin Work Remodeling Corp., a Minnesota Domestic Corporation. 04/23/12 -9- Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following: • April 10, 2012, Brooklyns Bridge Youth Alliance Meeting • April 11, 2012, City Council Joint Session with Commissions • April 12, 2012, Brooklyns Youth Council Future Fair at Brooklyn Center High School • April 13, 2012, Annual Fire Department Appreciation Dinner • April 15, 2012, Brooklyn Center Fire Department Relief Association Pancake Breakfast • April 17, 2012, Joint Meeting of the Housing Commission and Park and Recreation Commission at Happy Hollow Park Relating to Community Gardens • April 18, 2012, Annual Crime Prevention Police and Citizen's Awards Ceremony Councilmember Myszkowski reported on her attendance at the following: • April 11, 2012, City Council Joint Session with Commissions • April 12, 2012, Brooklyns Youth Council Future Fair at Brooklyn Center High School • April 13, 2012, Annual Fire Department Appreciation Dinner • April 14, 2012, EarthFest • April 17, 2012, Earle Brown Days Committee Meeting • April 17, 2012, Joint Meeting of the Housing Commission and Park and Recreation Commission at Happy Hollow Park Relating to Community Gardens • April 18, 2012, Annual Crime Prevention Police and Citizen's Awards Ceremony • April 20, 2012, Meeting with Retiring Brooklyn Center High School Superintendent Keith Lester Councilmember Myszkowski announced that the Northwest Regional Family Services Center was chosen by Minneapolis /St. Paul Business Journal as a finalist as for the "Best in Real Estate" award. Councilmember Lasman reported on her attendance at the following: • April 11, 2012, City Council Joint Session with Commissions • April 13, 2012, Brooklyn Center Fire Fighters Awards Dinner • April 14, 2012, Luncheon Meeting with representatives of the Muslim Community • April 14, 2012, EarthFest • April 15, 2012, Brooklyn Center Fire Department Relief Association Pancake Breakfast • April 17, 2012, Joint Meeting of the Housing Commission and Park and Recreation Commission at Happy Hollow Park Relating to Community Gardens • April 18, 2012, Annual Crime Prevention Police and Citizen's Awards Ceremony • April 18, 2012, Crime Prevention Meeting • April 21, 2012, Brooklyn Center Great Shingle Creek Cleanup Councilmember Kleven indicated she would not comment on seven events that have already been mentioned and reported on her attendance at the following: • April 12, 2012, Brooklyns Youth Council Future Fair at Brooklyn Center High School 04/23/12 -10- • April 12, 2012, Planning Commission Meeting • April 15, 2012, Brooklyn Center Fire Department Relief Association Pancake Breakfast • April 16, 2012, Checked on the mural painting but it was canceled due to inclement weather • April 18, 2012, Senior Spring Forum • April 21, 2012, Marlin Park and Lakeside Park Cleanup Mayor Willson reported on his attendance at the following: • April 10, 2012, Brooklyns Bridge Youth Alliance Meeting • April 11, 2012, City Council Joint Session with Commissions • April 13, 2012, Brooklyn Center Fire Department Appreciation Dinner • April 14, 2012, Luncheon Meeting with representatives of the Muslim Community • April 15, 2012, Brooklyn Center Fire Department Relief Association Pancake Breakfast • April 18, 2012, Annual Crime Prevention Police Citizen's Awards Ceremony • April 19, 2012, Speaking Engagement at ITT Technical School Classes 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:49 p.m. Motion passed unanimously. 04/23/12 -11- STATE OF MINNESOTA) COUNTY OF HENNEPIN) CITY OF BROOKLYN CENTER) ss. Certification of Minutes 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 23, 2012. 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 March 14, 2012, Regular Session. City Clerk 04/23/12 -12- Mayor