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HomeMy WebLinkAbout2012 06-25 CCM Regular Session MINUTES 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, 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, Police Chief Kevin Benner, City Attorney Mary Tietjen, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Arvid Sorenson, 6901 Toledo Avenue N., indicated he would like to address his concern with vehicles passing on the shoulder of 691h Avenue in relation to the Maranatha application. Mayor Willson explained the Maranatha application is an agenda item; however, the request to provide input can be considered by the City Council when that item is under discussion. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:47 p.m. Motion passed unanimously. 2. INVOCATION At the invitation of Councilmember Kleven, Reverend Bernard, Brookdale Christian Center, provided 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. 06/25/12 -1- 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, Police Chief Kevin Benner, City Attorney Mary Tietjen, and Carla Wirth, Timesaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Kleven seconded to approve the Agenda and Consent Agenda, as amended, to remove Item 6g, Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 2010-05, 06, 07, and 08, Contract 2010-B, Twin Lake Area Neighborhood Street and Utility Improvements, for consideration as I Oc, and the following consent items were approved: 6a. APPROVAL OF MINUTES I. June 11, 2012—Study Session 2. June 11, 2012—Regular Session 3. June 11, 2012—Work Session 6b. LICENSES AMUSEMENT DEVICES Mendota Valley Amusement, Inc. 6110 Brooklyn Boulevard 6845 Single Creek Parkway GARBAGE HAULER Allied Waste Services P.O. Box 39,Circle Pines Budget Waste System, Inc. 3516 East Lake Street,Minneapolis LePage& Sons, Inc. 3118162 d Lane NW,Andover SANIMAX USA, Inc. 505 Hardman Avenue, So. St. Paul T& L Sanitation Services P.O. Box 49695, Blaine Walters Recycling& Refuse P.O. Box 67, Circle Pines Walz Brothers Sanitation P.O. Box 627, Maple Grove MECHANICAL Airics Heating 2609 Hihway 13 W, Burnsville Comfort Matters Heating& Cooling 10981 4t Street NE,Hanover Custom Refrigeration, Inc. 640 Mendelssohn Ave.N., Golden Valley Egan Mechanical 7625 Boone Avenue N.,Brooklyn Park Swenson Heating&Air 12723 320th Avenue NW, Princeton 06/25/12 -2- RENTAL CURRENT RENTAL STANDARDS INITIAL ('TYPE II—two-year license) 6001 Admiral Place Eileen Quade 5325 France Avenue N. David Goeske RENEWAL (TYPE III—one-year license) 7143 France Avenue N. Yi Lin RENEWAL (TYPE II—two year license) 5306 Russell Avenue N. Donna Reinarz 5931 Halifax Place Jerilou Wiedmeyer RENEWAL (TYPE I—three-year license) 6101 Xerxes Avenue N. Govan Singh SIGN HANGER Twin Cities Sign Installations 14333 Ural Street NE Ham Lake 6c. AMEND 2012 CITY COUNCIL MEETING SCHEDULE TO CANCEL THE AUGUST 17 MUNICIPAL PRIMARY ELECTION CANVASS 6d. RESOLUTION NO. 2012-87 APPOINTING ADDITIONAL ELECTION JUDGES 6e. RESOLUTION NO. 2012-88 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER,MINNESOTA 6f. RESOLUTION NO. 2012-89 ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2010-01, 02, 03, AND 04 CONTRACT 2010-A, DUPONT AVENUE STREET AND UTILITY IMPROVEMENTS 6g. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2010-05, 06, 07, AND 08, CONTRACT 2010-B, TWIN LAKE AREA NEIGHBORHOOD STREET AND UTILITY IMPROVEMENTS This item was considered as Agenda Item l Oc. Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS -None. 06/25/12 -3- 8. PUBLIC HEARINGS 8a. ORDINANCE NO. 2012-03 AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCE REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND, GENERALLY LOCATED IN THE NORTHWEST QUADRANT OF THE CITY AT 5401-5415 69'AVENUE NORTH Planning and Zoning Specialist Tim Benetti introduced the item, discussed the history, and stated the purpose of the proposed ordinance. This item was first read on May 29, 2012, was published in the official newspaper on June 7, 2012, and is offered tonight for second reading and Public Hearing. Mr. Benetti presented locations of similar R-5/R-6 rezonings. He indicated the rezoning would allow the development of this site for a new 97-bed nursing care center, which will be considered during an upcoming agenda item. Mr. Benetti presented the nine findings required to consider the proposed rezoning. He clarified the Public Hearing is on the second reading of the rezoning to PUD element. City Manager Curt Boganey advised the ordinance, if approved, would become effective after receipt of the Comprehensive Plan amendment acceptance letter from the Metropolitan Council, which has not yet been received, and 30-day publication period. Councilmember Lasman moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Ray Christensen, 6803 Toledo Avenue N., stated his interest in addressing the relationship of the Phase II buildings to R-1 homes;however, that had not been included in the presentation. Mr. Boganey stated it is true that when considering the zoning issue, it does not address building locations or heights. The issue under consideration is whether this area is appropriately zoned to the new R-5/R-6 designation abutting R-1 residential. He noted staff has indicated it is appropriate and not atypical in Brooklyn Center. Mr. Christensen stated his opinion this proposal is too big on property that is too small. He read a prepared statement detailing his concerns with the Maranatha request and that it has changed from the original proposal, which had contained an unbuildable outlot. Mr. Christensen stated he is disappointed that only one Planning Commissioner and one Council Member had contacted residents or responded to telephone calls and e-mails. He urged the Council to not approve the Maranatha application. Arvid Sorenson, 6901 Toledo Avenue N., stated he found there was a disconnect in the process and believed each consideration (amendment to the Comprehensive Plan, rezoning, PUD, preliminary and final plat)to be interrelated. Larry Snaza, 5406 68th Avenue N., stated concern that his basement may be flooded as a result of the proposed project since Vern Donnay had not built homes on this lot due to the water table. He asked how storm water will be addressed to assure flooding does not result. 06/25/12 -4- Randy Christensen, 7001 Regent Avenue N., stated he thinks the City Council should hold a Public Hearing on the PUD. Mayor Willson explained by State Statute and past practice, the Public Hearing on the PUD is held by the Planning Commission. Mr. Christensen suggested the application form then be revised to make the process clear. He stated his issues with the process, finding it to be frustrating, including the determination of when the application was complete. Mr. Christensen reviewed surrounding zoning and suggested other locations cited by the City contained a public roadway or another use (C-2/C-1 or school)to create a buffer between R-5/R- 6 and R-1 uses. Arvid Sorenson, 6901 Toledo Avenue N., stated his concern with vehicles passing on the shoulder of 69th Avenue. He believed most left turn traffic into the 5400 block occurred at Unity where the roadway is wider so passing vehicles were partially within the intersection. Mr. Sorensen noted pedestrians are more alert at intersection areas but when at mid-block, pedestrians do not expect a vehicle to be passing on the shoulder. Mr. Sorensen noted the proposal indicates the northeast driveway is the secondary access; however, he thinks the proposed parking areas will result in it becoming the primary driveway. Councilmember Kleven moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. The Council discussed the issues raised during public comment. Mr. Benetti explained the buffer had been increased to comply with the proposed land use amendment for enhanced setback standards to guide this area. The enhanced setback is calculated on the height of the building and in this case, the buffer width will be twice the height of the building, or 100 feet in width. The Council indicated it would consider the relative virtues of the buffer when it addressed the PUD request. Mayor Willson moved and Councilmember Lasman seconded to adopt ORDINANCE NO. 2012- . . 03 Amending Chapter 35 of the City Code of Ordinance Regarding the Zoning Classification of Certain Land, Generally located in the Northwest Quadrant Section of the City of Brooklyn Center, located at 5401-5415 69th Avenue North. Councilmember Myszkowski stated she had previously voiced her discomfort with this rezoning; however, after again viewing the subject property and other areas of the City, she is now comfortable with the requested rezoning. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2012-003 SUBMITTED BY MARANATHA CONSERVATIVE BAPTIST CARE, INC. Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2012-003, request for Development/Site and Building Plan Approval through 06/25/12 -5- the Planned Unit Development (PUD) process for a new three-story 97-bed nursing care center (Phase I) and parking areas; and the future Development Plan (Phase II) of a 38-unit senior independent living facility located at 5401 and 5415 69th Avenue North. Mr. Benetti presented the original and subsequent site plans and explained the changes in each. He described the 100- foot wide buffer to provide an enhanced setback from R-1 property and areas of parking that no longer necessitates proof of parking. Mr. Benetti advised the site abides by City ordinance and Watershed District standards relating to storm water management. He concluded his presentation and advised the Planning Commission reviewed and recommended approval of the application at its May 31, 2012 meeting. Mr. Benetti answered questions of the City Council regarding the request for PUD and Development/Site and Building Plan approval and presented features of the landscaping plan. With regard to the eastern fence location, he explained that area contains a drainage swale so the plan was modified for a screen fence. However, if feasible,all would prefer a living wall. The Council discussed its support for a living screening wall rather than an inanimate fence. Mr. Benetti suggested that landscaping element be addressed in the draft resolution or PUD agreement. The consensus of the City Council was to favor and implement a living screening wall rather than an inanimate fence and;to direct staff to work with the applicant to revise the landscaping plan and address residents' desire to not have their back yard shaded. The Council acknowledged that it is oftentimes difficult to accept change; however, the current building is obsolete and a need remains in Brooklyn Center for this type of housing. The Council discussed the application process, recounting the number of opportunities for public testimony. It was agreed the first plan submittal had not been supported by the City and created deep concern with the residents. The Council thanked the residents for their input that resulted in an improved project as well as Maranatha for being thoughtful and sensitive to the residents' concerns. In response to the Council's questions relating to vehicles passing on the shoulder of 69th Avenue, Public Works Director/City Engineer Steve Lillehaug explained the Westwood traffic study addressed trip generation from the Maranatha project, if approved. The study found the proposed project would result in no net gain or loss with Phase I development so a turn lane and/or regional improvements were not warranted. He explained that 69th Avenue is a Hennepin County roadway so the City does not have jurisdiction but could make recommendations for needed improvements. However, Hennepin County would then consider traffic records and counts for the entire corridor, not just this one location. With regard to cost, Mr. Lillehaug estimated $30,000 to $50,000 per turn lane, resulting in a significant and costly project throughout the corridor. 1. RESOLUTION NO. 2012-90 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012- 003 — SUBMITTED BY MARANATHA CONSERVATIVE BAPTIST CARE, INC. FOR A DEVELOPMENT PLAN/SITE AND BUILDING 06/25/12 -6- PLAN APPROVAL FOR A NEW THREE-STORY, 97-BED NURSING CARE CENTER (PHASE I) AND PARKING AREAS; AND FUTURE DEVELOPMENT PLAN (PHASE II) OF A 38-UNIT SENIOR INDEPENDENT LIVING FACILITY — LOCATED AT 5401 AND 5415 69TH AVENUE NORTH Mayor Willson moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2012-90 Regarding the Recommended Disposition of Planning Commission Application No. 2012-003 submitted by Maranatha Conservative Baptist Care, Inc. for a Development Plan/Site and Building Plan in Relation to the new Planned Unit Development on Property Located at 5401-5415 69th Avenue North. The Council acknowledged comments received on the need for an assisted living facility from residents who want to stay in Brooklyn Center. It was noted Maranatha has worked above and beyond what was required for this site to make it amenable with a 100-foot setback, living fencing across the east side, and reduction of building height. Motion passed unanimously. 9b. PLANNING COMMISSION APPLICATION NO. 2012-007 SUBMITTED BY MARANATHA CONSERVATIVE BAPTIST CARE, INC. Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2012-007, request for Preliminary Plat approval of Maranatha 2nd Addition located at 5401 and 5415 69th Avenue North. The platting will remove the interior lot line between the buildings and combine the two parcels (Lot 1 and Lot 2). The final plat will be considered during an upcoming agenda item. Mr. Benetti advised the Planning Commission reviewed and recommended approval of the application at its May 31, 2012 meeting. 1. RESOLUTION NO. 2012-91 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012- 007 - SUBMITTED BY MARANATHA CONSERVATIVE BAPTIST CARE, INC. FOR A PRELIMINARY PLAT APPROVAL OF MARANATHA 2ND ADDITION LOCATED AT 5401 AND 5415 69TH AVENUE NORTH Councilmember Lasman moved and Councilmember Kleven seconded to approve RESOLUTION NO. 2012-91 Regarding the Recommended Disposition of Planning Commission Application No. 2012-007 — Submitted by Maranatha Conservative Baptist Care, Inc. for Preliminary Plat Approval of Maranatha 2nd Addition - Located at 5401-5415 69th Avenue North. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS r 06/25/12 -7- 10a. AN ORDINANCE AMENDING ORDINANCE NO. 2010-12 REGARDING COUNCIL SALARIES FOR 2013-2014 Mr. Boganey introduced the item, discussed the history, and recommendation of the Financial Commission to increase Council salaries by 3% for 2013 and 2014. This item is presented for consideration of first reading tonight and the Public Hearing would be held on July 23, 2012. Councilmember Lasman moved and Councilmember Kleven seconded to approve first reading of an Ordinance Amending Ordinance No. 2010-12 Regarding Council Salaries for 2013-2014 and set second reading and Public Hearing for July 23, 2012. Motion passed unanimously. 10b. RESOLUTION NO. 2012-92 APPROVING FINAL PLAT FOR MARANATHA 2ND ADDITION Mr. Lillehaug introduced the item, noting it is a housekeeping consideration based on previous Council action to approve the rezoning, PUD site plan, and preliminary p lat. If a pp roved, it would allow the developer to close on the property. Mr. Lillehaug presented and recommended approval of the final plat of Maranatha 2nd Addition. Councilmember Kleven moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2012-92 Approving Final Plat for Maranatha 2nd Addition. Motion passed unanimously. 10c. RESOLUTION NO. 2012-93 ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2010-05, 06, 07, AND 08, CONTRACT 2010-B, TWIN LAKE AREA NEIGHBORHOOD STREET AND UTILITY IMPROVEMENTS Mayor Willson noted the one-year delay in this project resulted in potential liquidated damages of $246,750. Staff and the City Attorney had negotiated an amount of $82,000 that was negotiated down to $50,000. He expressed concern with the message this situation will send to other contractors who do business in Brooklyn Center. Mayor Willson stated support to more strongly enforce contractual terms and, in the front end, assure contractors that the City will hold them to deadlines or there would be liquidated damages. Mayor Willson moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2012-93 Accepting Work Performed and Authorizing Final Payment, Improvement Project Nos. 2010-05, 06, 07, and 08, Contract 2010-B, Twin Lake Area Neighborhood Street and Utility Improvements. The City Council discussed the amount negotiated for liquidated damages and potential impact on future projects. Mr. Boganey explained liquated damages were reduced from $82,000 to $50,000 to eliminate the prospect of the contractor contesting and avoid legal expenses. He 06/25/12 -8- stated it also recognizes the true direct costs experienced by the City so it would be fully reimbursed. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Myszkowski reported on her attendance at the following: • June 14, 2012, Planning Commission Meeting • June 19, 2012, Earle Brown Days Final Committee Meeting • June 19, 2012, Housing Commission Workshop • June 21, 2012, Earle Brown Days Parade • June 21, 2012,Announced the Marching Band Awards • June 23, 2012, Earle Brown Days Craft and Business Expo • June 23, 2012, Honor Our Vets Program for WWII and Police Officer Jeff Sommers • June 23, 2012, Fireworks Display Councilmember Myszkowski stated her thoughts were with Carlson County and Duluth as they recover from the recent flooding event. Councilmember Ryan reported on his attendance at the following: • June 12, 2012,Northport Park Neighborhood Meeting • June 13, 2012, Charter Commission Meeting • June 14, 2012, Meeting with Dupont/Emerson Avenue Residents • June 19, 2012, Presentation on the Brooklyn Boulevard Study • June 21, 2012, Earle Brown Days Parade • June 23, 2012, Centennial Park Family Fun and Games Event Councilmember Lasman reported on her attendance at the following: • June 12, 2012,Northport Park Neighborhood Meeting • June 14, 2012, Meeting with Dupont/Emerson Avenue Residents • June 16, 2012, Dudley Tournament • June 19, 2012, Open House and Presentation on the Brooklyn Boulevard Study • June 19, 2012, West Palmer Park Tour • June 21, 2012, Earle Brown Days Parade • June 22, 2012, Earle Brown Days Craft Show • June 23, 2012, Program Honoring Veterans, and Midnight Breeze Band Councilmember Kleven reported on her attendance at the following: • June 12, 2012,Northport Park Neighborhood Meeting • June 13, 2012, Charter Commission Meeting • June 14, 2012, Planning Commission Meeting • June 19, 2012, Open House on Brooklyn Boulevard Corridor Study • June 19, 2012, Park and Recreation Commission Meeting at East Palmer Shelter • June 21, 2012, Earle Brown Days Parade 06/25/12 -9- • June 23, 2012, Earle Brown Days Celebration and Fireworks Councilmember Kleven stated she is proud of the job the Police Department is doing. She mentioned the beautiful landscaping along Bass Lake Road and stated she is proud of the City's exciting future. Mayor Willson read a letter from Mike Howe extending thanks to City Clerk Sharon Knutson and the City Council for proclaiming May 28, 2012, as Mound Cemetery Day and the Mayor for being part of their Memorial Day service and celebration of 150 years of service to the community. Mayor Willson reported on his attendance at the following: • June 12, 2012,Northport Park Neighborhood Meeting • June 21, 2012, Earle Brown Days Parade Mayor Willson and each Councilmember thanked the Earle Brown Days sponsors, civic organizations,volunteers, and staff who assisted to assure successful and well-attended events. Mayor Willson commended Myrna Kragness for organizing the event to honor WWII Veterans, including those from Brooklyn Center. He stated prior to that celebration, he presented a Proclamation to Dale Greenwald for his many years of support to the community. Mayor Willson complimented Councilmember Myszkowski and her husband who shared their singing talents. Mayor Willson stated his concurrence with comments made by Councilmember Kleven that many exciting things are occurring in Brooklyn Center and he is excited about the future of the City. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember.Ryan seconded adjournment of the City Council meeting at 8:59 p.m. Motion passed unanimously. 06/25/12 -10- 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 June 25, 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 July 9, 2012, Regular Session. City Clerk Mayor 06/25/12 -11- -