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Home My WebLink About2013 01-28 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 JANUARY 28, 2013 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, Kris Lawrence-Anderson, Lin Myszkowski, 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, Inca 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 Ryan seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Myszkowski shared an excerpt from President Obama's second inaugural address as 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 7:03 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works 01/28/13 -1- 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, 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 Ryan moved and Councilmember Myszkowski seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Study Session and Regular Session minutes of January 14, 2013, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. January 14, 2013 —Study Session 2. January 14, 2013 —Regular Session 3. January 14, 2013 —Work Session 6b. LICENSES MECHANICAL Heating & Cooling Two 18550 Country Road 81, Maple Grove Owens Companies, Inc. 930 East 80'h Street, Bloomington Pace Plumbing P.O. Box 270935, St. Paul Standard Water Control 5337 Lakeland Avenue N., Crystal Wencl Services, Inc. 8148 Pillsbury Avenue S., Bloomington PUBLIC DANCE Brooklyn Center Investment Group 2101 Freeway Boulevard RENTAL INITIAL (TYPE III—one-year license) 7024 Morgan Avenue N. Cory McClure RENEWAL (TYPE III—one-year license) 5550 Girard Avenue N. Restart, Inc. 6737 Regent Avenue N. Kim Vu-Tran RENEWAL (TYPE II—two-year license) 6712 Beard Avenue N. Morris Matthews 5548 Dupont Avenue N. John Lindahl 7042 Emerson Avenue N. John Hicks 6819 Humboldt Avenue N. A304 New Concepts Management 01/28/13 -2- RENEWAL (TYPE I—three-year license) 5529 Aldrich Drive N. Betty Scully 6809 Fremont Place N. Ali Sajjad 6828 Fremont Place N. Ali Sajjad 6913 Toledo Avenue N. Fred Hanus TOBACCO RELATED PRODUCT Quick Stop 5808 Xerxes Avenue N. Regal Foods Corp. 615 66th Avenue N. 6e. APPLICATION AND PERMIT FOR TEMPORARY ON-SALE LIQUOR LICENSE SUBMITTED BY ST. ALPHONSUS CHURCH, 7025 HALIFAX AVENUE NORTH, FOR A SOCIAL EVENT TO BE HELD MARCH 16, 2013 6d. RESOLUTION NO. 2013-19 ESTABLISHING PARKING RESTRICTIONS ON JUNE AVENUE NORTH FROM 58TH AVENUE NORTH TO 61sT AVENUE NORTH Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2013-20 EXPRESSING RECOGNITION AND APPRECIATION OF STAN LEINO FOR HIS DEDICATED PUBLIC SERVICE ON THE PLANNING COMMISSION Councilmember Myszkowski moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2013-20 Expressing Recognition and Appreciation of Stan Leino for his Dedicated Public Service of the Planning Commission. Mayor Willson read in full a resolution expressing recognition and appreciation to Stan Leino for his service on the Planning Commission. Mayor Willson presented the resolution to Mr. Leino who stated his appreciation for this recognition. Motion passed unanimously. 7b. REPORT FROM OPEN TO BUSINESS BY ROB SMOLUND City Manager Curt Boganey introduced the item and recognized the attendance of Rob Smolund. Mayor Willson indicated that members of the City Council recently attended a meeting with other metro mayors who mentioned this program was successful in their communities. Rob Smolund, Open to Business, explained the purpose of this program to extend the City's economic development efforts by offering free and confidential consulting service to small 01/28/13 -3- businesses that need help. He stated his goal is to become their trusted advisor to give them an objective third party view. Mr. Smolund described the types of loan programs offered and reviewed his 27 years of experience with entrepreneurs, commercial enterprise, and management. Mr. Smolund reported on activities undertaken in Brooklyn Center during which Open to Business served 26 clients comprising 20 start-ups and 6 existing businesses. He stated he expects participation to increase during 2013 due to additional outreach and more businesses becoming aware of the program. Mr. Smolund then reported on Hennepin County's activities, clients reached, and loans approved. He indicated he is available at the Brooklyn Center City Hall on the third Tuesday of the month from 2:30 p.m. to 4:30 p.m. for scheduled appointments or walk-in clients. Mayor Willson stated he has referred businesses to this service and commented on the importance of this program since venture capitalists and banks are not continuing in that field. The City Council thanked Mr. Smolund for his report and indicated its support for this program to provide assistance to Brooklyn Center's small businesses. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to accept the Open to Business report. Motion passed unanimously. 8. PUBLIC HEARINGS -None. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2013-002 SUBMITTED BY LOREN VAN DER SLIK/GATLIN DEVELOPMENT. REQUEST FOR PRELIMINARY PLAT APPROVAL OF SHINGLE CREEK CROSSING 3" ADDITION, LOCATED IN THE SHINGLE CREEK CROSSING PUD PROPERTIES. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS JANUARY 17, 2013, MEETING Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2013-002, the request of Loren Van Der Slik/Gatlin Development for Preliminary Plat approval of Shingle Creek Crossing 3`d Addition located in the Shingle Creek Crossing PUD properties. He advised the Planning Commission recommended approval of the applications at its January 17, 2013, meeting. It was noted the final plan will be presented separately by the City Engineer. Mr. Benetti answered questions of the City Council relating to buildings under construction in Shingle Creek Crossing. 01/28/13 -4- Councilmember Kleven moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2013-21 Regarding Recommended Disposition of Planning Commission Application No. 2013-002 Submitted by Loren Van Der Slik (for Gatlin Development Company) rd a Request for Preliminary lat of Shingle Creek Crossing 3 Addition. q rY g g Motion carried unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 1606 71sT AVENUE NORTH Assistant City Manager/Director of Building and Community Standards Vickie Schleuning advised that 1606 71st Avenue North was inspected and 21 property code violations were cited and ultimately corrected. There have been zero validated police incidents/nuisance calls within the last 12 months. This 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 plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan. Councilmember Myszkowski moved and Councilmember Ryan seconded to open the hearing. Motion passed unanimously. No one wished to address the City Council. Councilmember Ryan moved and Councilmember Myszkowski seconded to close the hearing. Motion passed unanimously. Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 1606 71St 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. 10b. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 4714 WINGARD LANE Ms. Schleuning advised that 4714 Wingard Lane was inspected and 17 property code violations were cited and ultimately corrected. This is a new rental license. This property qualifies for a Type IV six-month provisional rental license based on the number of property code violations 01/28/13 -5- 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 Lawrence-Anderson seconded to open the hearing. Motion passed unanimously. No one wished to address the City Council. Councilmember Lawrence-Anderson moved and Councilmember Kleven seconded to close the hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Kleven seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 4714 Wingard Lane, with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10c. N - RENTAL LICENSE CONSIDERATION OF TYPE IV 6 MONTH PROVISIONAL EN FOR 6937 MORGAN AVENUE NORTH Ms. Schleuning advised that 6937 Morgan Avenue North was inspected and 16 property code violations were cited and ultimately corrected. There have been zero validated police incidents/nuisance calls within the last 12 months. This 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 plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan. Councilmember Myszkowski moved and Councilmember Kleven seconded to open the hearing. Motion passed unanimously. No one wished to address the City Council. Councilmember Ryan moved and Councilmember Myszkowski seconded to close the hearing. 01/28/13 -6- Motion passed unanimously. Councilmember Myszkowski moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 6937 Morgan 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. 10d. MAYORAL APPOINTMENT OF MEMBERS TO SERVE ON PLANNING COMMISSION Mayor Willson announced the following appointments to serve on the Planning Commission with terms to expire on December 31, 2014: Benjamin Freedman of 2613 65th Avenue North; and, Randall Christensen of 7001 Regent Avenue North. Councilmember Myszkowski moved and Councilmember Kleven seconded to ratify the Mayoral appointments of Benjamin Freedman, 2613 65th Avenue N; and, Randall Christensen, 7001 Regent Avenue North, to the Planning Commission with terms to expire December 31, 2014. Benjamin Freedman, 2613 65th Avenue North, introduced himself and indicated he is a second year law student. Mayor Willson extended the City's appreciation to Mr. Freedman for volunteering to serve the City in this capacity. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following: • January 16, 2013, Annual Storm Water Pollution Prevention Program • January 17, 2013, Tax Reform Open House for Community Leaders • January 26, 2013, State Legislators Local Elected Officials Breakfast • January 26, 2013, Retirement Dinner for Dr. Duane Orn Councilmember Kleven reported on her attendance at the following: • January 15, 2013, Earle Brown Days Committee Meeting • January 16, 2013, Annual Storm Water Pollution Prevention Program • January 17, 2013, Tax Reform Open House for Community Leaders • January 22, 2013, MAC meeting • January 24, 2013, Brooklyn Center Business Association Luncheon Meeting • January 26, 2013, State Legislators Local Elected Officials Breakfast • January 26, 2013, Retirement Dinner for Dr. Duane Orn Councilmember Kleven congratulated Police Chief Benner on his appointment to the Eliminating Racial Disparities Steering Committee. She then presented housing data from December of 2012. 01/28/13 -7- Councilmember Myszkowski reported on her attendance at the following: • January 15, 2013, Earle Brown Days Committee Meeting • January 15, 2013, Housing Commission Meeting • January 24, 2013, Brooklyn Center Business Association Luncheon Meeting • January 26, 2013, State Legislators Local Elected Officials Breakfast Councilmember Lawrence-Anderson reported on her attendance at the following: • January 15, 2013, Park and Recreation Commission Meeting • January 24, 2013, Brooklyn Center Business Association Luncheon Meeting • January 26, 2013, State Legislators Local Elected Officials Breakfast • January 26, 2013, Retirement Dinner for Dr. Duane Orn Councilmember Lawrence-Anderson announced the Odyssey Academy Winter Carnival on February 8, 2013. Mayor Willson reported on his attendance at the following: • January 15, 2013, Taping of Cable 12 Show, "In the Know" • January 22, 2013, Brooklyn Bridge Alliance for Youth Meeting, during which he accepted the nomination and was elected as Chair of that organization • January 25, 2013, Minneapolis North Visitors Bureau Board of Directors Meeting • January 26,2013, State Legislators Local Elected Officials Breakfast • January 26, 2013, Retirement Dinner for Dr. Duane Orn • January 28, 2013, Liberian Delegation Meeting on the Sister City Program • January 28, 2013,Northport Robbinsdale Elementary School Speech to Students Mayor Willson announced the City received a $179,300 grant award from the Metropolitan Council under the Livable Communities Tax Base Revitalization Account for the former Lifetime Fitness site. These funds will be used towards environmental mitigation on that site. 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Kleven seconded adjournment of the City Council meeting at 8:01 p.m. Motion passed unanimously. 01/28/13 -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 January 28, 2013, 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 February 11, 2013, Regular Session. City Clerk Mayor 01/28/13 -9-