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Home My WebLink About2012 08-13 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 AUGUST 13, 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, Finance Director Dan Jordet, 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 Carol Hamer, Timesaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Will Dahn, 5733 Knox Avenue North, addressed the City Council regarding his concern about the MPCA and the Logan Avenue site. Mr. Dahn stated the MPCA is spending a lot of time doing testing for ground water pollution, and that it has been going on since 2005. The MPCA first set up their testing labs, of which one of their wells is located by his property, with an approximate 8 inch round pipe that extends to the water table that is very ugly and rusting. He stated the worst part is it seems like the MPCA is never ending with their testing. He stated his request is that he would like to have the City set up another meeting with the MPCA. He expressed his concern that he is not able to sell his house because he must declare that he is sitting on a polluted ground water situation. The Informal Open Forum was closed at 7:00 p.m. 2. INVOCATION Councilmember Myszkowski requested a moment of silence and personal reflection as the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING 08/13/12 -1- 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 Carol Kleven, Kay Lasman, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Dan Jordet, 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 Carol Hamer, 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, with amendments to the Regular Session minutes of July 23, 2012, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. July 23, 2012— Study Session 2. July 23, 2012—Regular Session 3. July 23, 2012—Work Session 4. July 30, 2012—Joint Session with Financial Commission 6b. LICENSES MECHANICAL AirCorps, LLC 2230 Terminal Road, Roseville Airtech Thermex LLC 4918 West 35th Street, St. Louis Park Damyan's Heating& Cooling 7900 Excelsior Boulevard, #300, Hopkins Dennis Greger 814 17th Avenue N., South St. Paul Heating& Cooling Solutions, Inc. 1802 226th Lane NE, East Bethel Legend Mechanical 8555 W. 123`d Street, Savage Minnesota Heating & Air 1070193 d Avenue N., Maple Grove Perfection Heating & Air 1770 Gervais Avenue, Maplewood TNC Industries, Inc. 7100 Medicine Lake Road,New Hope Upland Heating & Cooling, Inc. 308 SW 15th Street, Forest Lake RENTAL— CURRENT RENTAL STANDARDS INITIAL (TYPE II—two-year license) 2018 55th Avenue N. Chen Xuan Zhou 4908 Abbott Avenue N. Jeff Hudson 08/13/12 -2- 7211 Camden Avenue N. Arthur Bannerman 5943 Colfax Avenue N. Juliana Koe 5444 Humboldt Avenue N. Melanie Boes 4207 Lakeside Avenue#140 Joseph Drechsler 3024 Nash Road James Morgan RENEWAL (TYPE III—one-year license) 3141 491h Avenue N. Manoj Moor ani 6607 Beard Avenue N. Ernie Zheng 3800 Burquest Lane Michael Perron 5739 James Avenue N Doug Wahl 5813 June Avenue N Lena Lim RENEWAL (TYPE II—two year license) 7018 Brooklyn Boulevard Nelia Schaff 5245-47 Drew Avenue N. Mai Xiong 6718 Colfax Avenue N. Ken Fountain RENEWAL (TYPE I—three-year license) 49016 1"Avenue N. Antonio Smith 535272 nd Circle Denise Michaelides 5828 Fremont Avenue Hamid Safdari SIGNHANGER Apparently Graphic, Ltd. 1055 Cliff Road E., Burnsville Signart Company, Inc. 2170 Dodd Road, Mendota Heights 6c. APPLICATIONS AND PERMITS FOR TEMPORARY ON-SALE LIQUOR LICENSES SUBMITTED BY CITY OF LAKES NORDIC SKI FOUNDATION FOR EVENTS TO BE HELD AT SURLY BREWING COMPANY, 4811 DUSHARME DRIVE, BROOKLYN CENTER, ON SEPTEMBER 22,AND OCTOBER 27,2012 6d. RESOLUTION NO. 2012-102 CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT NUISANCE ABATEMENT COSTS, DELINQUENT ADMINISTRATIVE FINES/ CITATIONS, AND DELINQUENT ADMINISTRATIVE VACANT BUILDING REGISTRATIONS 6e. RESOLUTION NO. 2012-103 CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS 6f. RESOLUTION NO. 2012-104 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 08/13/12 -3- 6g. RESOLUTION NO. 2012-109 VACATING CERTAIN EASEMENTS WITHIN OUTLOT ONE, DONNAYS BROOK LYN GARDENS 5TH ADDITION; LOTS 1 AND 2, BLOCK 1, MARANATHA ADDITION; PART OF STORM SEWER EASEMENT 3211239, HENNEPIN COUNTY, MINNESOTA This item was considered as Agenda Item l Ob. 6h. RESOLUTION NO. 2012-105 APPROVING FINAL PLAT FOR EVANS NORDBY ADDITION Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS —None. 8. PUBLIC HEARINGS —None. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2012-010 SUBMITTED BY LOREN VAN DER SLIK (GATLIN DEVELOPMENT COMPANY). REQUEST FOR PUD AMENDMENT APPROVAL TO AMEND THE PREVIOUSLY APPROVED 2011 PLANNED UNIT DEVELOPMENT FOR SHINGLE CREEK CROSSING (DATED 9-12-11) Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2012-010 and advised the Planning Commission recommended approval, on a 5-1 vote, of the applications at its August 2, 2012, meeting. The request is for a second amendment to the Planned Unit Development (PUD) of Shingle Creek Crossing to revise Building B from an original proposed bank/financial use to a new convenience food restaurant with drive-thru service use and reconfigure the original labeled Building C from a retail use to a new mixed-use of convenience food with drive-thru service and retail uses. 1. RESOLUTION NO. 2012-106 REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012- 010 SUBMITTED BY LOREN VAN DER SLIK (GATLIN DEVELOPMENT COMPANY) FOR APPROVAL OF A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT TO THE 2011 SHINGLE CREEK CROSSING PUD Councilmember Kleven moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2012-106 Regarding Recommended Disposition of Planned Commission Application No. 08/13/12 -4- 2012-010 submitted by Loren Van Der Slik (for Gatlin Development Company) for Approval of a Planned Unit Development(PUD) Amendment to the 2011 Shingle Creek Crossing PUD. Motion passed unanimously. 9b. PLANNING COMMISSION APPLICATION NO. 2012-012 SUBMITTED BY LOREN VAN DER SLIK (GATLIN DEVELOPMENT COMPANY). REQUEST FOR SITE AND BUILDING PLAN APPROVAL FOR PROPOSED "BUILDING G" AS ILLUSTRATED AND PLANNED FOR UNDER THE 2011 SHINGLE CREEK CROSSING PUD MASTER DEVELOPMENT PLAN, 1180 SHINGLE CREEK CROSSING. Mr. Benetti provided an overview of Planning Commission Application No. 2012-012 and advised the Planning Commission recommended approval of the applications at its August 2, 2012, meeting. The request is to approve site and building plans for proposed Building G and other related improvements. 1. RESOLUTION NO. 2012-107 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012- 012 SUBMITTED BY LOREN VAN DER SLIK (GATLIN DEVELOPMENT COMPANY) FOR APPROVAL OF APPROVING A NEW SITE AND BUILDING PLAN FOR PROPOSED BUILDING G (LOCATED ON LOT 11, BLOCK 1, SHINGLE CREEK CROSSING ADDITION— 1180 SHINGLE CREEK CROSSING) Councilmember Myszkowski moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2012-107 Regarding the Recommended Disposition of Planning Commission Application NO. 2012-012 Submitted by Loren Van Der Slik (Gatlin Development Company) Approving New Site and Building Plan for Proposed Building G (Located on Lot 11, Block 1, Shingle Creek Crossing- 1180 Shingle Creek Crossing). Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2012-108 RECEIVING PROPOSED CHARTER AMENDMENT AND CALLING A SPECIAL ELECTION THEREON City Manager Curt Boganey introduced the item, reviewed its history,and explained the purpose of the resolution to accept the proposed Charter amendment and calling a special election on Tuesday,November 6, 2012. Councilmember Kleven expressed her preference for Election Question Alternative #4. She noted the key word in this option is "changing,"and that the language is clear and precise. 08/13/12 -5- Councilmember Lasman concurred. She stated she would like it to be clear to the voters that this would actually be a change to the Charter. Councilmember Myszkowski concurred. She expressed concern that many people are not aware of what it would mean to change to a ward system. Councilmember Ryan stated he is considering Election Question Alternative #4. He offered the following language as an alternative: "Shall the form of Brooklyn Center City Government be changed by adopting an amendment to the City Charter requiring the election of City Council Members by ward?" Councilmember Ryan stated Brooklyn Center is small enough in size that wards are not needed, and that each member of the City Council represents the whole City. He stated his position that candidates who run at large for City Council must learn the issues in every corner of the City. He further stated that there should be consideration of the high cost of changing to a ward system for no apparent benefit. He noted that he is curious about the process by which this was brought forward, with no public hearings held by the Charter Commission as to whether the public would like this change. Councilmember Lasman commented on the similar language in Election Question Alternative#4 and Councilmember Ryan's suggestion. Councilmember Lasman moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2012-108 Receiving Proposed Charter Amendment and Calling a Special Election Thereon, with Election Alternative#4 as the approved language. Mayor Willson stated he has reviewed the Charter Commission minutes back to 1965. In 1976, the Charter Commission Subcommittee conducted a very in-depth study, looking at all sides of this issue and concluded that a ward system was not appropriate at that time given the size of Brooklyn Center and how it is split into four different sections with the major highways. There have been at least two studies since then. This Charter Commission has taken it upon itself to take this to vote by the citizens; however, he has yet to see any documentation where the Commission has studied the issue extensively. He stated he has seen comments about how it would be less expensive and easier to run in smaller areas. He has also seen comments regarding the diverse community electing individuals who are not Caucasian, which is the minority based on the last census. He stated he feels by going to a ward system there would be less representation than there is with all City Council Members being at-large. He pointed out that an additional piece that the Charter Commission is asking for in this change, which is not included in the language, is that if the ward system is adopted, each ward member will be able to appoint, at their discretion, an individual on any and all of the City's commissions. In this case, they would not only have a divisive ward system put in place, but also City government and its commissions potentially being put into a divisive state. He stated Brooklyn Center has gotten through 100 years, and that the City Council has represented the City well in those 100 years. He also believes the current City Council is representing the City well. He stated he believes there is more behind this Charter Commission language than just putting in a fair system for the election of City Council Members. 08/13/12 -6- Councilmember Lasman stated another burden to operating under the ward system would be the redistricting that could be required to be in compliance with the ward boundaries. She stated her position that the ward system is not in the citizens' best interest. Mayor Willson pointed out that every two years, individuals in Brooklyn Center have been able to vote for two City Council Members and the Mayor-at-Large. However, under the ward system they would still vote for the Mayor-at-Large, but only one City Council member from their ward. Councilmember Kleven noted with the current system an individual running for City Council that comes in second place would still be on the City Council, but this would not be the case with the ward system. Councilmember Myszkowski stated she is deeply concerned that should this amendment pass it would cause an undue burden on City administration. Mayor Willson commented it is ultimately up to the voters in November, and the City Council will abide by what the voters decide. Motion passed unanimously. 10b. RESOLUTION NO. 2012-109 VACATING CERTAIN EASEMENTS WITHIN OUTLOT ONE, DONNAYS BROOK LYN GARDENS 5TH ADDITION; LOTS 1 AND 2, BLOCK 1, MARANATHA ADDITION; PART OF STORM SEWER EASEMENT 3211239,HENNEPIN COUNTY,MINNESOTA City Engineer Steve Lillehaug presented an overview of the Maranatha 2nd Addition Plat and Resolution No. 2012-109 vacating certain easements pertaining to the Maranatha site redevelopment in connection with final plat approval of Maranatha 2'' Addition. Councilmember Kleven moved and Councilmember Lasman seconded to open the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing Motion passed unanimously. No one wished to speak. Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2012-109 Vacating Certain Easements Within Outlot One, Donnays Brooklyn Gardens 5th Addition; Lots l and 2, Block 1, Maranatha Addition; Part of Storm Sewer Easement 3211239, Hennepin County, Minnesota. 08/13/12 -7- Motion passed unanimously. 11. COUNCIL REPORT Councilmember Myszkowski reported on her attendance at the following: • July 28, 2012, Liberian Independence Day Celebration& Soccer Tournament • July 30, 2012, Joint City Council/Financial Commission Budget Work Session • August 1, 2012, Early National Night Out Gathering at the neighborhood that surrounds Odyssey Academy Charter School • August 6, 2012, Brooklyn Center National Night Out Kick Off in Centennial Park • August 7, 2012,National Night Out Parties Councilmember Ryan encouraged the residents to get out and vote at the upcoming primaries and reported on his attendance at the following: • July 30, 2012, Joint City Council/Financial Commission Budget Work Session • August 2, 2012, Lions Club Monthly Dinner with a presentation on domestic terrorism • August 6, 2012, Brooklyn Center National Night Out Kick Off in Centennial Park • August 7, 2012,National Night Out Parties • August 9, 2012, Met Council Presentation with a discussion on how the Met Council can better serve cities like Brooklyn Center with public outreach. Councilmember Lasman encouraged residents to vote at the upcoming primary elections and reported on her attendance at the following: • July 26, 2012, Brooklyn Center Business Association Luncheon, which included a presentation by Director of Business and Development Gary Eitel on events happening in the City. • July 30, 2012,Joint City Council/Financial Commission Budget Work Session • August 6, 2012,National Night Out Kick Off Event • August 7, 2012,National Night Out Gatherings • August 11, 2012, Hmong Play at the Brookdale Hennepin County Library Councilmember Kleven encouraged residents to vote at the upcoming primary elections and reported on her attendance at the following: • July 25, 2012, Delivery of welcome bags to newcomers in the City • July 28, 2012, Soccer Tournament at Brooklyn Center High School in celebration of Liberian Independence Day • August 2, 2012, Planning Commission Meeting • August 3, 2012, Farmers Market on 63rd Avenue and Brooklyn Boulevard • Aug 6, 2012, Local Board of Equalization Training Session • August 7, 2012,National Night Out • August 9, 2012, Earle Brown Heritage Center Wellness Expo for people with disabilities • August 9, 2012, Met Council Presentation with discussion on a regional vision for the next 30 years • August 11, 2012, Hmong Play at the Brookdale Hennepin County Library 08/13/12 -8- Mayor Willson encouraged residents to vote in the primary elections and reported on his attendance at the following: • July 20, 2012, Joint City Council/Financial Commission Budget Work Session • August 6 , 2012, Mayors Minute for Channel 12 • August 6, 2012, Local Board of Appeal and Equalization Training • August 7, 2012,National Night Out Events • August 9, 2012, 50th Walmart Celebration at Marriott Inn where he gave the keynote address Mayor Willson stated the Charter Commission's proposed change in language to the City's form of government will be on the ballot at the November 6th general election. He encouraged residents to look for the two public postings that will be in the paper explaining, in detail, the changes being proposed. He encouraged residents to contact members of the Charter Commission or City Council and/or contact City Hall with questions. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 7:53 p.m. Motion passed unanimously. 08/13/12 -9- 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 August 13, 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 min_utes at its August 27, 2012, Regular Session. n City Clerk Mayor 08/13/12 -10-