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HomeMy WebLinkAbout2012 08-27 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 27 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 an Councilmemb r 1 Kl ven Ka Lasman Lin M szkowsk Dan y d e s Caro e y y , Ryan. Also present were City Manager Curt Boganey, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Director of Community Activities, Recreation and Services Jim Glasoe, 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. Diane Sannes, 7006 Willow Lane, commented that while it is evident in other cities, in Brooklyn Center you will not see graffiti, flashing lights, or small advertising signs. She complimented City staff for its diligence. Ms. Sannes invited the Council to attend the September 1, 2012, Brooklyn Historical Society event relating to the 1862 Dakota War. Khalid Daibes, owner of Twin Cities Wireless, stated he is representing the seven businesses in the 615 66`" Avenue N. strip mall that urgently need a change in the City's sign regulation. He opined that the small businesses within the strip mall are unable to compete without the use of small flashing signs, which are prohibited by the City's Sign Ordinance. He noted the proposed sign location is in a common business area that is 60 feet from the public sidewalk. Mr. Daibes asked the Council to provide relief by not requiring a sign permit fee and to allow flashing and sandwich signs so these small businesses can be competitive. Mayor Willson asked if these businesses had displayed large-sized flags. Mr. Daibes stated they had done so on two occasions; however, immediately removed them when the City's Code Inspector informed them that such flags were not allowed and in violation of the Code. Councilmember Kleven moved and Councilmember Myszkowski seconded to close the Informal Open Forum at 6:57 p.m. 08/27/12 -1- Motion passed unanimously. 2. INVOCATION As the Invocation, Mayor Willson requested a moment of silence and personal reflection for those who have been crippled during recent wars. 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, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, Director of Community Activities Jim Glasoe, 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. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Myszkowski seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Regular Session minutes of August 13,2012, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. August 13, 2012—Study Session 2. August 13, 2012—Regular Session 3. August 13, 2012—Work Session 6b. LICENSES MECHANICAL Bettin, Inc. DBA Ecowater Systems 3208 1St Street South, Waite Park Bob Kissner Plumbing& Heating 13421 Durkirk Street, Ham Lake D L Johnson Heating and A/C 19620 Jackson Street NE, East Bethel Dean's Professional Plumbing 7400 Kirkwood Court N., Maple Grove High Road Heating & Cooling 6650 Winfield Circle, Rockford Stafford Home Services, Inc. 6225 Cambridge Street, Minneapolis Statewide Gas Service, Inc. 201 West Main Street, Waconia 08/27/12 -2- Titan Heating & Cooling LLP 7610 Jasmine Avenue S., Cottage Grove RENTAL— CURRENT RENTAL STANDARDS INITIAL (TYPE III—one-year license) 6325 Kyle Avenue N. Cuong Pham 5532 Logan Avenue N. Ira Kovalsky INITIAL (TYPE H—two-year license) 5339 Queen Avenue N. Thanh Kim Oan 2023 Brookview Drive Jamison Kohout 6030 Halifax Avenue N. Phyllis Z. Davidson 6032 Humboldt Avenue N. Deborah Counce RENEWAL (TYPE III—one-year license) 1323 67th Lane N. Ali Sajjad 6538 Ewing Avenue N. TuUyen Tran 5820 Logan Avenue N. Farnaz Toussi RENEWAL (TYPE 11—two-year license) 4842 71 St Avenue N. Erick Dinh 6116 Aldrich Avenue N. Troy Pullis 6c. RESOLUTION NO. 2012-110 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 6d. APPROVAL OF SITE PERFORMANCE GUARANTEE REDUCTION FOR 6000 BROOKLYN BOULEVARD (EVANS NORDBY) 6e. APPLICATION AND PERMIT FOR TEMPORARY ON-SALE LIQUOR LICENSE SUBMITTED BY ST. ALPHONSUS CHURCH, 7025 HALIFAX AVENUE NORTH, FOR AN EVENT TO BE HELD NOVEMBER 3,2012 6f. RESOLUTION NO. 2012-111 AUTHORIZING PROPOSED USE OF AUTO THEFT PREVENTION GRANT AMENDMENT 6g. AMEND 2012 CITY COUNCIL MEETING SCHEDULE TO ADD SPECIAL BUDGET WORK SESSION WITH FINANCIAL COMMISSION ON AUGUST 30,2012 Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS —None. 8. PUBLIC HEARINGS 08/27/12 -3- —None. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2012-017 SUBMITTED BY OMAR ABUISNAINEH. REQUEST FOR PLANNED UNIT DEVELOPMENT APPROVAL FOR THE REZONING OF CERTAIN PROPERTIES FROM C1 (SERVICE/OFFICE) DISTRICT AND C2 (COMMERCE) DISTRICT TO A NEW OVERALL PUD/C2 (PLANNED UNIT DEVELOPMENT/COMMERCE) DISTRICT, ALONG WITH DEVELOPMENT/SITE PLAN APPROVAL OF A PARKING LOT EXPANSION TO A RESTAURANT USE,FOR THE PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF BROOKLYN BOULEVARD AND 69TH AVENUE NORTH, AND ADDRESSED AS 6901 AND 6915 BROOKLYN BOULEVARD Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2012-017 and advised the Planning Commission recommended approval of the application at its August 16, 2012 meeting. Mr. Benetti answered questions of the City Council regarding the request for Planned Unit Development (PUD) approval for Rezoning from CI (Service/Office) District and C2 (Commerce) District to a new PUD/C2 (Planned Unit Development/Commerce) District and Development/Site Plan approval of a parking lot expansion to a restaurant at 6901 and 6915 Brooklyn Boulevard. He reviewed the points of access and described the travel lanes, as recommended by the City Engineer. Mr. Benetti stated the applicant is not sure whether they will need to use the drive-thru lane,but wants to assure there is adequate parking. Mayor Willson stated his concern with reducing the buffer area from 35 feet to 5 feet and the resulting impact on two residential properties. Mr. Benetti explained this area is identified as turning into office/retail, so it was believed to be appropriate to keep the six-foot screening to protect the west and north edges abutting residential,knowing that most of the parking will occur in front of the building with employee or overflow parking in the other area. Mr. Benetti explained that a 35-foot buffer would have limited redevelopment ability and parking on this site. It was believed an alternative is to allow for a reduction but assure landscaping is retained as part of the PUD process. Mr. Willson noted if the drive-thru is opened, traffic will be routed past the R-1 properties and buffering should be required for that reason. Mr. Benetti advised that the property had a six-foot screening fence in place. It was removed with the understanding that a new fence would replace the old fence. That was acceptable to the applicant as well as the neighbors to the north. Mr. Benetti stated a durable vinyl maintenance-free fence is proposed. 1. RESOLUTION NO. 2012-112 REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012- 017 SUBMITTED BY OMAR ABUISNAINEH TO REZONE PROPERTY 08/27/12 -4- LOCATED AT 6901-6915 BROOKLYN BOULEVARD FROM C-1 (SERVICE/OFFICE) AND C-2 (COMMERCE) TO PUD/C-2 (PLANNED UNIT DEVELOPMENT-COMMERCE) DISTRICT AND APPROVE A NEW DEVELOPMENT SITE PLAN Councilmember Lasman moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2012-112 Regarding Recommended Disposition of Planning Commission Application No. 2012-017 Submitted by Omar Abuisnaineh to Rezone Property Located at 6901- 6915 Brooklyn Boulevard from C-1 (Service/Office) and C-2 (Commerce) to PUD/C-2 (Planned Unit Development-Commerce) District and Approve a New Development Site Plan. Mayor Willson stated he struggles with this consideration due to the reduced buffer. He noted two homes will remain (to the north and to the west) that will be impacted by this setbackibuffer exception. The City Council acknowledged that it is sensitive to adjacent properties; however, the property owner is amenable to this change given the screening fence. Support was expressed for this action as resented since it is recognized as the appropriate use of this building and follows the as p resented, g Comprehensive Plan for the eventual elimination of residential homes on Brooklyn Boulevard as they become available. Mr. Benetti noted the surrounding property owners received mailed notice of the Planning Commission Public Hearing and will receive notice on the rezoning Public Hearing if this action is approved. Mayor Willson questioned the process should the City Council approve the draft resolution and first reading of the ordinance and then decide not to grant second reading. City Attorney Charlie LeFevere advised that approval of the development/site plan is contingent upon approval of the rezoning. If the rezoning is not approved,this approval would be null and void. Motion passed unanimously. 2. ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND GENERALLY LOCATED IN THE NORTHWEST QUADRANT OF THE CITY LOCATED AT 6901 AND 6915 BROOKLYN BOULEVARD Councilmember Ryan moved and Councilmember Lasman seconded to approve first reading of Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding the Zoning Classification of Certain Land Generally Located in the Northwest Quadrant of the City located at 6901 and 6915 Brooklyn Boulevard and set second reading and Public Hearing for September 24, 2012. ' Motion passed unanimously. 08/27/12 -5- 9b. PLANNING COMMISSION APPLICATION NO. 2012-018 SUBMITTED BY OMAR ABUISNAINEH. REQUEST PRELIMINARY PLAT APPROVAL OF MONTY ADDITION, FOR THE PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF BROOKLYN BOULEVARD AND 69TH AVENUE NORTH,AND ADDRESSED AS 6901 AND 6915 BROOKLYN BOULEVARD City Manager Curt Boganey provided an overview of Planning Commission Application No. 2012-018 requesting preliminary plat proval of Monty Addition for property at the northwest corner of Brooklyn Boulevard and 69 Avenue North, addressed as 6901 and 6915 Brooklyn Boulevard. It was noted the Planning Commission recommended approval of the application at its August 16, 2012 meeting. 1. RESOLUTION NO. 2012-113 REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2012- 018 SUBMITTED BY OMAR ABUISNAINEH, A REQUEST FOR PRELIMINARY PLAT OF MONTY ADDITION FOR THE PROPERTY LOCATED AT 6901-6915 BROOKLYN BOULEVARD Councilmember Kleven moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2012-113 Regarding Recommended Disposition of Planning Commission Application No. 2012-018 Submitted by Omar Abuisnaineh, a request for Preliminary Plat of Monty Addition for Property located at 6901 and 6915 Brooklyn Boulevard. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5814 EWING AVENUE NORTH Assistant City Manager/Director of Building and Community Standards Vickie Schleuning advised that 5814 Ewing Avenue North was inspected and nine property code violations were cited and ultimately corrected. There have been zero validated police incidents/nuisance calls within the last 12 months. This owner is applying for a renewal rental license. The property was previously issued a Type III Rental License and qualifies for a Type IV 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 the mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan. Councilmember Kleven moved and Councilmember Myszkowski seconded to open the hearing. Motion passed unanimously. No one appeared to speak. 08/27/12 -6- Councilmember Lasman moved and Councilmember Ryan seconded to close the hearing. Motion passed unanimously. The Council commented on the importance of keeping utilities paid. Mayor Willson stated he highly values staff's opinion and its management of the rental license program. Councilmember Lasman moved and Councilmember Myszkowski seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 5814 Ewing 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. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following: • August 16, 2012, Metro Cities Forum on Regional Transportation Policy • August 20, 2012, Joint City Council/Financial Commission Work Session Councilmember Ryan announced the August 30, 2012, Joint Budget Work Session. Councilmember Lasman reported on her attendance at the following: • August 15, 2012, Community School Workshop at Brooklyn Center High School • August 20, 2012, Joint City Council/Financial Commission Work Session Councilmember Lasman announced that school begins the day after Labor Day and urged all drivers to use extra caution while schoolchildren are walking to/from school and events. Councilmember Myszkowski stated she has been out of town since the last meeting. She announced the following: Brooklyn Historical Society presentation on the 1862 Dakota War on September 1, 2012; the Community Center will be closed from September 3 to September 9 for annual maintenance but the office will be open during regular hours; and, neighborhood area meeting at Firehouse Park on September 11, 2012, from 6-7:30 p.m. Councilmember Kleven reported on her attendance at the following: • August 16, 2012 helped stuff Welcome Bags for new residents • August 16, 2012, Brookdale Health 30th Year Anniversary Party • August 16, 2012, Planning Commission Meeting • August 20, 2012, Joint City Council/Financial Commission Work Session • August 25, 2012, Lunch at newly opened Mr. BBQ Councilmember Kleven congratulated Mr. BBQ for its opening and noted the Taco Bell building is constructed but not yet opened. She wished all a happy Labor Day and relayed a 08/27/12 -7- random act of kindness when someone purchased a large amount of school supplies for Robbinsdale Middle School teacher Megan Wilson. Mayor Willson reported on his attendance at the following: • August 15,2012, Safety Academy • August 17, 2012, gave a welcoming address to Laotian American National Alliance at the Crowne Plaza • August 20, 2012, Joint City Council/Financial Commission Work Session • August 26, 2012, Brooklyn Park Hispanic Heritage Festival Mayor Willson announced the following events: August 18, 2012, Luther Organization celebration; August 30, 2012, Joint Budget Work Session; September 4, 2012, visit of the Liberian Vice President with City officials and City Council; September 6, 2012, League of Minnesota Cities discussion on the metro; and, September 11, 2012, Firehouse Park neighborhood meeting. Mayor Willson advised that the Luther Organization is very appreciative of the Brooklyn Center Fire Department's and Police Department's involvement to reach out to community events. Mayor Willson congratulated Mr. BBQ for its recent opening and encouraged residents to visit that establishment. Mr. Boganey announced the City is now receiving applications for random acts of kindness. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 7:47 p.m. Motion passed unanimously. 08/27/12 -8- 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 27, 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 September 10, 2012, Regular Session. City Clerk Mayor i 1 08/27/12 -9-