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Home My WebLink About2012 07-09 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 JULY 9, 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, and Lin Myszkowski. Absent and excused was Councilmember Dan Ryan. Also present were City Manager Curt Boganey, 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. No one wished to address the City Council. Councilmember Kleven moved and Councilmember Lasman seconded to close the Informal Open Forum at 6:48 p.m. Motion passed unanimously. 2. INVOCATION At the request of Councilmember Lasman, Father Peter Connolly, St. Alphonsus Catholic Church, 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 7:04 p.m. 4. ROLL CALL 07/09/12 -1- Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, and Lin Myszkowski. Absent and excused was Councilmember Dan Ryan. Also present were City Manager Curt Boganey, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Assistant City Manager /Director of Building and Community Standards Vicki Schleuning, Fire Chief Lee Gatlin, City Attorney Charlie LeFevere, 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 Myszkowski seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. June 25, 2012 — Study Session 2. June 25, 2012 — Regular Session 3. June 25, 2012 — Work Session 6b. LICENSES AMUSEMENT DEVICES Dandy Amusement International, Inc. Regal Cinemas #25662 GARBAGE HAULER Aspen Waste Systems, Inc. Farmer's Union dba Midwest Grease Jate Mies, Inc. dba Garbage Man Randy's Environmental Services Waste Management — Blaine MECHANICAL Altemp Mechanical, Inc. Centraire Heating and A/C Fore Mechanical G -HVAC KB Mechanical KB Service Company Knight Heating &Air Residential Heating &A/C RENTAL INITIAL (TYPE II — two-year license) 07/09/12 -2- 2265 Ward Avenue #C, Simi Valley, CA 6420 Camden Avenue N. 2951 Weeks Avenue SE, Minneapolis P.O. Box 26, Redwood Falls 11365 Xeon Street NW, Coon Rapids P.O. Box 169, Delano 10050 Naples Street NE, Blaine 925 Osprey Boulevard, Bayport 7402 Washington Avenue, Eden Prairie 3102 103`d Lane NE, Blaine 16036 Mallard Way SE, Prior Lake 5249 O'Connel Drive, Mounds View 430 E. County Road D, Little Canada 13535 89th Street NE, Ostego 1815 E. 41st Street, Minneapolis 5317 Camden Avenue N. 5742 Emerson Avenue N. 5836 York Avenue N. RENEWAL (TYPE III — one-year license) 6740 Grimes Place — Victoria Townhomes 6931 Toledo Avenue N. Jeffrey Brawley Joseph Faust Courtney Tran The Gaughan Properties Jason Schubert RENEWAL (TYPE II — two-year license) 3413 62' Avenue N. Lee Mixson RENEWAL (TYPE I — three-year license) 5354 70th Circle Deepak Nath 5901 Halifax Avenue N. Susan Bufis 6c. RESOLUTION NO. 2012 -94 ESTABLISHING IMPROVEMENT PROJECT NOS. 2013 -01, 02, 03, AND 04, KYLAWN PARK AREA STREET AND UTILITY IMPROVEMENTS 6d. RESOLUTION NO. 2012 -95 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES Motion passed unanimously. 7. PRESENTATIONS/ PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ANNUAL REPORT Susan Blood, Northwest Hennepin Human Services Council (NWHHSC), presented its 2011 annual report, noting that Brooklyn Center's 2011 contribution of $12,182 resulted in receiving $75,204 of benefit. For every one dollar Brooklyn Center contributed, it received $6.17 in services. Anita Perkins stated she works with the community emergency service providers and described the 2011 activities of the Community Emergency Assistance Program (CEAP) and Project Peace. She also presented the 2012 Guide to Human Services and emergency contact information. Mayor Willson noted the Council is working with Police Chief Kevin Benner, made domestic abuse a high priority, and has directed more resources towards that effort. Barb Jensen, Senior Leadership Committee, reviewed services provided to Brooklyn Center's seniors. Fire Chief Lee Gatlin indicated about 80 smoke detectors have been placed in seniors' homes during 2012 at no charge. Ms. Blood thanked City Manager Curt Boganey for serving on the NWHHSC Executive Committee and read into the record the letter submitted by Sharon Kephart, Brooklyn Center representative on the Advisory Commission of the NWHHSC. 07/09/12 -3- Mayor Willson thanked Ms. Blood, Ms. Perkins, and Ms. Jensen for their devotion to Brooklyn Center, especially during these trying economic times. Mr. Boganey clarified that NWHHSC is a research, planning, and coordinating organization, not a provider of services. Ms. Blood stated that is correct and explained that the Community Emergency Assistance Program (CEAP) provides emergency services such as rental help and gas cards. Ms. Perkins advised that emergency research folders and domestic violence folders are available at the front desk, police departments, and schools. Councilmember Lasman moved and Councilmember Kleven seconded to accept the Northwest Hennepin Human Services Council Annual Report. Motion passed unanimously. 8. PUBLIC HEARINGS - None. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NOS. 2012 -013, 014, AND 015 SUBMITTED BY LOREN VAN DER SLIK (GATLIN DEVELOPMENT COMPANY) FOR SITE AND BUILDING PLAN APPROVAL FOR PROPOSED BUILDINGS H, K, AND L Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application Nos. 2012 -013, 014 and 015 submitted by Loren Van Der Slik (Gatlin Development Company) requesting site plan and building plan approval for Building H (11,200 sq. ft. on a 1.10 acre parcel); Building K (reduced size of 9,500 sq. ft. on a 1.19 acre parcel); and, Building L (increased size of 11,200 sq. ft. on a 1.19 acre parcel). Mr. Benetti presented exterior elevations and site plans components for each building. He advised the Planning Commission recommended approval of the applications at its June 28, 2012, meeting. 1. RESOLUTION NO. 2012 -96 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING APPLICATION NO. 2012 -13 — SUBMITTED BY LOREN VAN DER SLIK (GATLIN DEVELOPMENT COMPANY) FOR SITE AND BUILDING PLAN APPROVAL FOR PROPOSED BUILDING H (LOCATED ON LOT 9, BLOCK 1, SHINGLE CREEK CROSSING ADDITION —1560 SHINGLE CREEK CROSSING) Councilmember Lasman moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2012 -96 Regarding the Recommended Disposition of Planning Application No. 2012 -13 Submitted by Loren Van Der Slik (Gatlin Development Company) Approving New Site and Building Plan for Proposed Building H (Located on Lot 9, Block 1, Shingle Creek Crossing Addition —1560 Shingle Creek Crossing). 07/09/12 -4- Motion passed unanimously. 2. RESOLUTION NO. 2012 -97 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING APPLICATION NO. 2012 -14 — SUBMITTED BY LOREN VAN DER SLIK (GATLIN DEVELOPMENT COMPANY) FOR SITE AND BUILDING PLAN APPROVAL FOR PROPOSED BUILDING K (LOCATED ON LOT 10, BLOCK 1, SHINGLE CREEK CROSSING ADDITION —1580 SHINGLE CREEK CROSSING) Councilmember Kleven moved and Councilmember Lasman seconded to adopt RESOLUTION NO. 2012 -97 Regarding the Recommended Disposition of Planning Application No. 2012 -14 Submitted by Loren Van Der Slik (Gatlin Development Company) Approving New Site and Building Plan for Proposed Building K (Located on Lot 10, Block 1, Shingle Creek Crossing Addition —1580 Shingle Creek Crossing). Motion passed unanimously. 3. RESOLUTION NO. 2012 -98 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING APPLICATION NO. 2012 -15 — SUBMITTED BY LOREN VAN DER SLIK (GATLIN DEVELOPMENT COMPANY) FOR SITE AND BUILDING PLAN APPROVAL FOR PROPOSED BUILDING L (LOCATED ON LOT 14, BLOCK 1, SHINGLE CREEK CROSSING ADDITION —1150 SHINGLE CREEK CROSSING) Councilmember Myszkowski moved and Councilmember Lasman seconded to adopt RESOLUTION NO. 2012 -98 Regarding the Recommended Disposition of Planning Application No. 2012 -15 Submitted by Loren Van Der Slik (Gatlin Development Company) Approving New Site and Building Plan for Proposed Building L (Located on Lot 14, Block 1, Shingle Creek Crossing Addition —1150 Shingle Creek Crossing). Motion passed unanimously. In response to the City Council's question, Mr. Benetti clarified that a two -way access will remain to the Kohl's Store site throughout the duration of the project. Mr. Boganey stated Mr. Gatlin, the developer, has indicated they have letters of intent for Buildings H, K, and L. 10. COUNCIL CONSIDERATION ITEMS 10a. MAYORAL APPOINTMENT OF MEMBER TO SERVE ON PARK AND RECREATION COMMISSION Mayor Willson presented his nomination of Jill Dalton to the Park and Recreation Commission. Councilmember Lasman moved and Councilmember Kleven seconded to ratify the Mayoral nomination of Jill Dalton, 6417 Colfax Avenue North, to the Park and Recreation Commission 07/09/12 -5- for a term to expire December 31, 2014. Motion passed unanimously. 10b. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 5715 EMERSON AVENUE NORTH Assistant City Manager /Director of Building and Community Standards Vickie Schleuning advised that 5715 Emerson Avenue North was inspected and would qualify for a Type I Rental License based on property code violations and validated police nuisance incidents. However, the property owner failed to meet the conditions of the Type IV Rental License, specifically failing to complete Phase II security improvements. This property received a Type IV Rental License on February 13, 2012, on condition of adherence to the Mitigation Plan and City ordinances. In accordance with the City ordinances, if the requirements of the license category and Mitigation Plan are not met, the license renewal category remains a Type IV. It was noted that the property was inspected and zero property code violations were cited. Staff recommends approval of a continued Type IV Rental License in lieu of denial, revocation, or suspension because the owner made improvements to the condition of the property and recently evicted a tenant who previously created nuisance issues. Councilmember Kleven moved and Councilmember Lasman seconded to open the hearing. Motion passed unanimously. No one wished to address the City Council. Councilmember Lasman moved and Councilmember Myszkowski seconded to close the hearing. Motion passed unanimously. 1. RESOLUTION NO. 2012-99 APPROVING A TYPE IV RENTAL LICENSE FOR 5715 EMERSON AVENUE NORTH The Council acknowledged the positive trend with this property and reduction of violations, a reflection of the success of the rental program. Councilmember Kleven moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2012 -99 Approving a Type IV Rental License for 5715 Emerson Avenue North. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Kleven reported on her attendance at the following: • June 28, 2012, Planning Commission Meeting 07/09/12 Councilmember Kleven stated she hoped residents enjoyed a memorable July 4th celebration. She announced the following events: July 10, 2012, Neighborhood Meeting at Willow Lane Park; July 10, 2012, Brooklyn Community Band event at Centennial Park; July 13, 2012, American Cancer Relay for Life at the Brooklyn Center High School; and, July 21 -22, 2012, Fun Fest at St. Alphonsus Catholic Church. Councilmember Lasman reported on her attendance at the following: • July 2, 2012, Budget Work Session with the Financial Commission Councilmember Lasman announced the July 10, 2012, Willow Lane Park Neighborhood Meeting and encouraged residents to enjoy the Relay for Life event, noting she will be out of town and unable to attend. Councilmember Myszkowski reported on her attendance at the following: • June 28, 2012, Planning Commission Meeting • July 2, 2012, Budget Work Session with the Financial Commission Mayor Willson reported on his attendance at the following: • July 2, 2012, Budget Work Session with Financial Commission Mayor Willson reported on his meetings with Walmart's managers who are hiring from Brooklyn Center and indicated a desire to be good neighbors in supporting local events; and, Dr. Duane Orn, Amphitheater Task Force Chair, and former Mayor Phil Cohen to discuss fund raising efforts, noting they have raised two- thirds of the needed funding. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Myszkowski seconded adjournment of the City Council meeting at 7:50 p.m. Motion passed unanimously. 07/09/12 -7- 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 July 9, 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 23, 2012, Regular Session. • City Clerk Mayor 07/09/12 -8-