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Home My WebLink About2013 06-10 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 10, 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, 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. 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 6:47 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Ryan requested a moment of silence and personal reflection 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 7:00 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 06/10/13 -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, 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 Kleven moved and Councilmember Lawrence-Anderson seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. May 28, 2013 —Study Session 2. May 28, 2013 —Regular Session 3. May 28, 2013 —Work Session 6b. LICENSES AMUSEMENT DEVICES American Amusement Arcades 2100 West 96th Street,Bloomington AMF Earle Brown Lanes 6440 James Circle N. Davanni's 5937 Summit Drive Metro Coin of Minnesota, In. 14940 281h Avenue N.,Plymouth Brooklyn Center Community Center 6301 Shingle Creek Parkway Theisen Vending Company 2335 Nevada Avenue N., Golden Valley Family Dollar Store#4514 6211 Brooklyn Boulevard Family Dollar Store#5110 2105 57th Avenue N. GARBAGE COLLECTION VEHICLE Ace Solid Waste, Inc. 6601 McKinley Street NW, Ramsey Curbside Waste 4465 Trenton Lane#210, Plymouth T & L Sanitation Service, Inc. P.O. Box 49695, Blaine LIQUOR—BREWER TAPROOM AND SUNDAY Surly Brewing Company 4811 Dusharme Drive Subject to meeting the conditions and considerations for the Special Use Permit approved by the Planning Commission and City Council. LIQUOR-ON-SALE INTOXICATING, SUNDAY, AND 2 AM Jammin Wings, LLC 2590 Freeway Boulevard Subject to submittal of Liquor Liability and Workers' Compensation Insurance Certificate and payment of property taxes. 06/10/13 -2- MECHANICAL DLS Services, LLC 2145 128th Lane NE, Blaine Ductworks Heating &Air 6108 Olson Memorial Hwy. Golden Valley Hoffinan Refrigeration 5660 Memorial Avenue N., Stillwater Knight Heating and Air 13535 89th Avenue NE, Ostego Linn Star Logistics, LLC 9995 W. 69th Street, Eden Prairie Little Igloo HVAC, Inc. 1829135 1h Avenue NW, Andover Optimum Mechanical Systems 3030 Centerville Road, Little Canada Tonna Mechanical 2411 7th Street NW, Rochester RENTAL INITIAL (TYPE III—one-year license) 6015 Aldrich Avenue N. Lung Tran INITIAL (TYPE II—two-year license) 6018 Aldrich Avenue N. Christopher Page 2331 Encon Drive Scott Terhaar 5603 Knox Avenue N. Paul Johnson 6424 Lee Avenue N. Yang Vang RENEWAL (TYPE III—one-year license) 331262 d Avenue N. Pang Lee 2701 65th Avenue N. Trinh Vu Andrey Ryvlin 6777 Humboldt Avenue N. Missing 1 ARM Meeting 5600 Judy Lane Nita Morlock RENEWAL (TYPE II—two-year license) 3300 67th Avenue N. Sergey Kunin RENEWAL (TYPE I—three-year license) 6600 Dupont Avenue N. Thomas Le 6819 Humboldt Avenue N. A302 New Concepts Management 5532 Logan Avenue N. Ira Kovalsky SIGNHANGER Phoenix Signs 10856 County Road 81, Maple Grove 6c. RESOLUTION NO. 2013-61 ADOPTING A "REQUEST FOR PROPOSALS" DOCUMENT FOR PROVIDING AUDIT SERVICES 6d. RESOLUTION NO. 2013-62 ADOPTING COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR ENDED DECEMBER 31, 2012 06/10/13 -3- 6e. RESOLUTION NO. 2013-63 DECLARING THE CITY OF BROOKLYN CENTER'S PARTICIPATION IN THE STATE PERFORMANCE MEASUREMENT SYSTEM FOR 2013 6f. APPROVAL OF FIRST READING OF AN ORDINANCE AMENDING CHAPTER 34 AND CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING THE ALLOWANCE OF DYNAMIC MESSAGE SIGNS (DMS) TO PUBLIC PLACES AND USES AND ADDING DEFINITIONS OF PUBLIC USES AND SET SECOND READING AND PUBLIC HEARING ON JULY 8, 2013 Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS - None. 8. PUBLIC HEARINGS - None. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2013-001 SUBMITTED BY PANDA RESTAURANT GROUP, INC. AND HSB ARCHITECTS. REQUEST FOR SITE AND BUILDING PLAN APPROVAL OF THE NEW PANDA EXPRESS RESTAURANT IN THE SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT (1520 SHINGLE CREEK CROSSING) Planning and Zoning Specialist Tim Benetti presented the request of Panda Restaurant Group, Inc. and HSB Architects for site and building plan approval of a new Panda Express restaurant in the Shingle Creek Crossing Planned Unit Development (PUD) at 1520 Shingle Creek Crossing. He indicated the Planning Commission reviewed this request at its May 30, 2013, meeting and recommended approval. He advised that staff recommends adoption of the resolution in the packet, as well as approval of the submitted revised plan with a divided drive-thru lane, subject to approval by the City Engineer prior to issuance of a building permit. There was discussion on the Great Wall of China interior mural to be included inside the upper glass window box above the main entryway. Mr. Benetti answered questions of the City Council relating to the revised plan with the divided drive-thru lane. 1. RESOLUTION NO. 2013-64 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013 001 SUBMITTED BY PANDA RESTAURANT GROUP, INC. & HSB ARCHITECTS REQUESTING SITE AND BUILDING PLAN APPROVAL OF THE NEW PANDA EXPRESS RESTAURANT IN THE SHINGLE 06/10/13 -4- CREEK CROSSING PLANNED UNIT DEVELOPMENT (1520 SHINGLE CREEK CROSSING) Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to approve RESOLUTION NO. 2013-64 Regarding the Recommended Disposition of Planning Commission Application No. 2013-001 Submitted by Panda Restaurant Group, Inc. & HSB Architects Requesting Site and Building Plan Approval of the New Panda Express Restaurant in the Shingle Creek Crossing Planned Unit Development (1520 Shingle Creek Crossing). There was discussion on options for approving the plan with the divided drive-thru lane, subject to approval by the City Engineer prior to issuance of a building permit. A friendly amendment was offered by Mayor Willson and seconded by Councilmember Myszkowski, to amend the motion on the floor to approve RESOLUTION NO. 2013-64 Regarding the Recommended Disposition of Planning Commission Application No. 2013-001 Submitted by Panda Restaurant Group, Inc. & HSB Architects Requesting Site and Building Plan Approval of the New Panda Express Restaurant in the Shingle Creek Crossing Planned Unit Development (1520 Shingle Creek Crossing), with the resolution modified to include the divided drive-thru lane diagram dated April 29, 2013, subject to approval by the City Engineer prior to issuance of a building permit. Amendment passed unanimously. Amended motion passed unanimously. 9b. PLANNING COMMISSION APPLICATION NO. 2013-003 SUBMITTED BY MBC II, LLC / PAUL HYDE. REQUEST FOR AN AMENDMENT TO THE 2008 MINNEAPOLIS BUILDING CENTER II PLANNED UNIT DEVELOPMENT (FORMER HOWE FERTILIZER SITE—4821 XERXES AVENUE NORTH) Mr. Benetti presented the request of Paul Hyde of MBC II, LLC, for an Amendment to the 2008 Minneapolis Building Center II Planned Unit Development (Former Howe Fertilizer Site—4821 Xerxes Avenue North). He indicated the Planning Commission reviewed this request at its May 30, 2013, meeting and recommended approval. Mr. Paul Hyde, applicant, answered questions of the City Council in relation to assurances provided by the U.S. Department of Agriculture that a cleanup plan will be approved and on the intent for a Spring of 2014 construction season. 1. RESOLUTION NO. 2013-65 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-- 003 SUBMITTED BY MBC II, LLC / PAUL HYDE. REQUEST FOR AN AMENDMENT TO THE 2008 MINNEAPOLIS BUILDING CENTER II PLANNED UNIT DEVELOPMENT (FORMER HOWE FERTILIZER SITE—4821 XERXES AVENUE NORTH) 06/10/13 -5- Councilmember Ryan moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2013-65 Regarding the Recommended Disposition of Planning Commission Application No. 2013-003, submitted by MBC 11, LLC/Paul Hyde for an Amendment to the 2008 Minneapolis Building Center 1I Planned Unit Development (Former Howe Fertilizer Site— 4821 Xerxes Avenue North). Motion passed unanimously. 9c. PLANNING COMMISSION APPLICATION NO. 2013-004 SUBMITTED BY OMAR ANSARI OF SURLY BREWING COMPANY. REQUEST FOR A SPECIAL USE PERMIT TO ALLOW THE RETAIL SALES OF PRODUCTS MANUFACTURED OR PROCESSED AT A SITE LOCATED IN THE I-2 GENERAL INDUSTRY DISTRICT (4811 DUSHARME DRIVE). Mr. Benetti presented the request of Omar Ansari of Surly Brewing Company. Request for a Special Use Permit to Allow the Retail Sales of Products Manufactured or Processed at a Site Located in the I-2 General Industry District (4811 Dusharme Drive). He indicated the Planning Commission reviewed this request at its May 30, 2013,meeting and recommended approval. 1. RESOLUTION NO. 2013-66 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013- 004 SUBMITTED BY OMAR ANSARI OF SURLY BREWING COMPANY. REQUEST FOR A SPECIAL USE PERMIT TO ALLOW THE RETAIL SALES OF PRODUCTS MANUFACTURED OR PROCESSED AT A SITE LOCATED IN THE I-2 GENERAL INDUSTRY DISTRICT (4811 DUSHARME DRIVE). Councilmember Ryan moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2013-003 Regarding the Recommended Disposition of Planning Commission Application No. 2013-004 Submitted by Omar Ansari of Surly Brewing Company. Request for a Special Use Permit to Allow the Retail Sales of Products Manufactured or Processed at a Site Located in the I-2 General Industry District(4811 Dusharme Drive). Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6400 QUAIL AVENUE NORTH Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on this rental license. Seeing no one coming forward, Mayor Willson called for a motion. Councilmember Myszkowski moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 6400 Quail 06/10/13 -6- Avenue North, with the requirement that the mitigation plan and all applicable ordinances 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: • May 30, 2013, Retirement Reception for School District 286 Superintendent Keith Lester • June 3, 2013, Joint City Council/Financial Commission Budget Work Session • June 4, 2013, Metropolitan Council MSP 2014 Urban Planning and Policy Forum • June 6, 2013, Resident Meeting at City Hall regarding a problem property in the area of the 5300 block of Dupont and Emerson Avenues. Councilmember Kleven reported on her attendance at the following and provided information on the following upcoming events: • May 30, 2013, Retirement Reception for School District 286 Superintendent Keith Lester • May 29, 2013, Planning Commission Meeting • June 3, 2013, Joint City Council/Financial Commission Budget Work Session • June 4, 2013, Earle Brown Days Committee Meeting • June 5, 2013, Brooklyn Center High School Graduation Ceremony • June 8, 2013, Brookdale Library class entitled"Best Plants for Tough Sites" • First Tee Program and Golf Little League scheduled to begin in June at Centerbrook Golf Course • L.A. Fitness Preview Center is open with special rates • Neighborhood Meeting at Garden City Park scheduled for June 19th at 6:00 p.m. • Earle Brown Days and Parade scheduled for June 27th Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • May 30, 2013, Retirement Reception for School District 286 Superintendent Keith Lester • June 3, 2013,Joint City Council/Financial Commission Budget Work Session • June 5, 2013, Park Center Senior High Graduation Ceremony • League of Minnesota Cities 100 Year Celebration with former Mayor Cohen Councilmember Lawrence-Anderson reported on her attendance at the following and noted the following upcoming dates: • May 30, 2013, Retirement Reception for School District 286 Superintendent Keith Lester • May 30, 2013, Athletic Awards Banquet at Brooklyn Center High School • June 1, 2013, Town Hall Meeting with Representatives Hilstrom and Nelson and State Senator Eaton • June 3, 2013, Joint City Council/Financial Commission Budget Work Session • June 5, 2013, Odyssey Academy Board Meeting • June 5, 2013, Brooklyn Center Senior High Graduation Ceremony • Father's Day is June 16th 06/10/13 -7- Mayor Willson reported'on his attendance at the following: • June 1 2013, Town Hall Meeting with Representatives Hilstrom and Nelson and State Senator Eaton • June 3, 2013, Joint City Council/Financial Commission Budget Work Session 12. ADJOURNMENT Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded adjournment of the City Council meeting at 7:58 p.m. Motion passed unanimously. 06/10/13 -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 June 10, 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 June 24, 2013, Regular Session. City Clerk Mayor 06/10/13 -9-