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Home My WebLink About2013 07-08 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 8, 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, 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 Myszkowski moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2. INVOCATION As the Invocation, Mayor Willson requested a moment of silence and personal reflection. 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, Director of 07/08/13 -1- 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. 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 Work Session minutes of June 24, 2013, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. June 24, 2013 - Study Session 2. June 24, 2013 — Regular Session 3. June 24, 2013 — Work Session 6b. LICENSES AMUSEMENT DEVICES Mendota Valley Amusement, Inc. Brooklyn Center American Legion MCTO GARBAGE COLLECTION VEHICLE Budget Waste Systems, Inc. Farmers Union Industries dba Midwest Grease Jate Mies, Inc. SANIMAX USA, Inc. Walters Recycling and Refuse Waste Management — Blaine MECHANICAL Airics Heating Anderson Residential Heating & A/C Aspen Air Freedom Heating & Air Conditioning, Inc. First Choice Plumbing & Heating, LLC Metro Heating & Cooling Ray Welter Heating Company RENTAL INITIAL (TYPE II — two-year license) 3407 65th Avenue N. / Granite City Apartments 07/08/13 -2- 390 Richmond Street, South St. Paul 6110 Brooklyn Boulevard 6845 Shingle Creek Parkway 3516 East Lake Street, Minneapolis P.O. Box 26, Redwood Falls 11365 Xeon Street NW, Coon Rapids 505 Hardman Avenue, South St. Paul P.O. Box 67, Circle Pines 10050 Naples Street NE, Blaine 2609 Highway 13 West, Burnsville 1628 County Road 10, Spring Lake Park 308 SW 15 Street, Forest Lake 1568 143rd Lane NE, Ham Lake 29948 Highway 47 NW, Isanti 255 Roselawn Avenue, St. Paul 4637 Chicago Avenue S., Minneapolis Christopher Kohler 4212 62nd Avenue N. 5024 71St Avenue N. 6831 Drew Avenue N. 5311 Emerson Avenue N. 5801 Girard Avenue N. 4201 Lakeside Avenue #109 4207 Lakeside Avenue #236 4207 Lakeside Avenue #238 6700 Perry Avenue N. 7037 Perry Avenue N. RENEWAL (TYPE III — one-year license) 6937 Morgan Avenue N. 7212 Willow Lane N. RENEWAL (TYPE II — two-year license) 1200 67th Avenue N. / Emerson Chalet 5812 Camden Avenue N. 5321 Fremont Avenue N. 4201 Lakeside Avenue #302 5600 Lilac Drive N. 5724 Logan Avenue N. 5349 Northport Drive RENEWAL (TYPE I — three-year license) 6125 Lilac Drive N. Crossings @ Brookwood Manor 6107 Bryant Avenue N. 6706 Drew Avenue N. 7024 Newton Avenue N. 6724 Toledo Avenue N. 7193 Unity Avenue N. SIGNHANGER G Signs LLC L and D Sign Rafik Moore /RTO Investments LLC Dallas Worth David Gardner Kim Chew Cha Moua Marie Dworshak Judith Spanberger Peng Zhao James Haugdahl Kin Chew Dao Yang Michael Beasley Tom Morrow/VIP Properties Roberto Rodriguez Larry Norals Xavier Haro Sue Xiong Konstantin Ginzburg Paul Ferfon Lang Nelson Associates Daniel Yesnes Yang Yang Zheng Troy Pfingsten Steve & Cheryl Schleif Mary Turcotte 2739 Rushmore Road, Hastings 6045 Lake Elmo Avenue, Stillwater 6c. APPROVE REQUEST BY THE LUTHER COMPANY, LLP FOR AN AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR BRI MAR 2ND ADDITION TO EXTEND THE DEADLINE FOR THE COMPLETION OF THE PRIVATE IMPROVEMENTS — FROM JULY 15, 2013, TO JULY 15, 2014 6d. RESOLUTION NO. 2013 -70 CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR THE ISSUANCE OF CONDUIT REVENUE BONDS (ODYSSEY ACADEMY PROJECT) 07/08/13 -3- Motion passed unanimously. 7. PRESENTATIONS/ PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2013 -71 EXPRESSING RECOGNITION AND APPRECIATION OF ELLEN DAVIS FOR HER PUBLIC SERVICE ON THE SHINGLE CREEK AND WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSIONS Councilmember Kleven moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2013 -71 Expressing Recognition and Appreciation of Ellen Davis for her Public Service on the Shingle Creek and West Mississippi Watershed Management Commissions. Mayor Willson read in full a Resolution expressing recognition and appreciation to Ellen Davis for her public service on the Shingle Creek and West Mississippi Watershed Management Commissions. Motion passed unanimously. 7b. NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ANNUAL UPDATE Sharon Kephart, Brooklyn Center representative on the Advisory Commission of the Northwest Hennepin Human Services Council (NWHHSC) stated she is a 17 -year resident and has been proud to represent the City of Brooklyn Center. She described the topics they had addressed, activities undertaken, and training received during 2012. Mandora Young, Brooklyn Center representative on the Advisory Commission of the NWHHSC, thanked the City Council for the opportunity to serve the City in this capacity. She stated she looks for resources for their clients including reaching out to other communities. Ms. Young stated she will do her best for Brooklyn Center and its residents and wants to make a difference. Lyla Pagels, Senior Leadership Team, stated she is a 32 -year resident and Registered Nurse for more than 40 years. She described their work to identify 24/7 caregivers and to communicate with them about The Gathering Space, a group respite opportunity. Barb Jensen, Senior Leadership Committee, stated she became part of this Committee in 2009 and found they were doing many of the things in the Year 2000 Report that was prepared in 1984 relating to the needs of seniors. Ms. Jensen thanked the City Council for its continued leadership and commitment. Susan Blood, NWHHSC Executive Director, stated her appreciation for the citizen volunteers who serve on their Board. She stated Brooklyn Center's 2012 contribution of $12,182 resulted in receiving $62,216 of benefit. This means that for every one dollar Brooklyn Center contributed, it received $5.11 in services. Ms. Blood thanked the City Council for its support 07/08/13 -4- and City Manager Curt Boganey for serving on the NWHHSC Executive Committee. Anita Perkins, Program Coordinator, described the 2012 activities of the Community Emergency Assistance Program. She also presented the 2013 Guide to Human Services and emergency resources folder that is handed out to residents. Mayor Willson thanked Ms. Blood and those who work with and volunteer for NWHHSC for their devotion to Brooklyn Center and meeting its residents' needs. Councilmember Ryan moved and Councilmember Myszkowski seconded to accept the Northwest Hennepin Human Services Council Annual Report. Motion passed unanimously. 8. PUBLIC HEARINGS 8a ORDINANCE NO. 2013 -02 AMENDING AND REPEALING CERTAIN SECTIONS OF CHAPTER 34 (SIGNS) AND CHAPTER 35 (ZONING) RELATED TO DYNAMIC MESSAGE SIGNS (DMS) WITH PUBLIC USES Planning and Zoning Specialist Tim Benetti introduced the item, discussed the history, and stated the purpose of the proposed ordinance to amend and repeal certain sections of Chapter 34 (Signs) and Chapter 35 (Zoning) related to Dynamic Message Signs (DMS) with public uses. He advised of the Planning Commission's consideration, conducting two fully noticed Public Hearings, and unanimous recommendation to the City Council to accept and adopt the new ordinance amendment language presented in the draft ordinance. Mr. Benetti explained if this ordinance is adopted following tonight's Public Hearing, it would not become effective until 30 days after publication. Councilmember Ryan moved and Councilmember Kleven seconded to open the Public Hearing. Motion passed unanimously. No one appeared to speak. Councilmember Myszkowski moved and Councilmember Lawrence- Anderson seconded to close the Public Hearing. Motion passed unanimously. Councilmember Kleven moved and Councilmember Lawrence- Anderson seconded to adopt ORDINANCE NO. 2013 -02 Amending and Repealing Certain Sections of Chapter 34 (Signs) and Chapter 35 (Zoning) related to Dynamic Message Signs (DMS) with Public Uses. Motion passed unanimously. 07/08/13 -5- 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2013 -006 SUBMITTED BY GATLIN DEVELOPMENT COMPANY — REQUEST FOR APPROVAL OF PUD AMENDMENT NO. 5 TO THE SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT SIGN PROGRAM, SPECIFICALLY TO ALLOW NINE (9) MONUMENT TYPE SIGNS ON VARIOUS COMMERCIAL PAD SITES WITHIN THE SHINGLE CREEK CROSSING PUD SITE Mr. Benetti provided an overview of Planning Commission Application No. 2013 -006 requesting approval of PUD Amendment No. 5 to the Shingle Creek Crossing Planned Unit Development Sign Program, and advised the Planning Commission recommended approval of the applications at its June 26, 2013, meeting. 1. RESOLUTION NO. 2013 -72 REGARDING RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013- 006 SUBMITTED BY GATLIN DEVELOPMENT COMPANY FOR A PLANNED UNIT DEVELOPMENT AMENDMENT (NUMBER 5) TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT Councilmember Myszkowski moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2013 -72 Regarding Recommended Disposition of Planning Commission Application No. 2013 -006 Submitted by Gatlin Development company for a Planned Unit Development Amendment (Number 5) to the 2011 Shingle Creek Crossing Planned Unit Development. Motion passed unanimously. 9b. PLANNING COMMISSION APPLICATION NO. 2013-007 SUBMITTED BY THE ECONOMIC DEVELOPMENT AUTHORITY (EDA) FOR THE CITY OF BROOKLYN CENTER REQUEST FOR APPROVAL OF PUD AMENDMENT TO THE 2007 BROOKLYN HOTEL PARTNERS LLC / EMBASSY SUITES PLANNED UNIT DEVELOPMENT PROJECT, WHICH WOULD ALLOW THE RECONFIGURATION AND APPROVAL OF A NEW 4- STORY, 81 ROOM CANDLEWOOD SUITES ON THE VACANT DEVELOPMENT SITE OWNED BY THE CITY'S EDA Mr. Benetti provided an overview of Planning Commission Application No. 2013 -007 requesting a Planned Unit Development Project to allow the reconfiguration and approval of a new four- story, 81 room, Candlewood Suites on the vacant development site owned by the City's EDA, the background of this project, and advised the Planning Commission recommended approval of the applications at its June 26, 2013, meeting. Mr. Benetti advised of the modifications made to the draft resolution at the recommendation of the City Attorney. City Attorney Charlie LeFevere answered questions of the City Council relating to the lot division process. He explained the City normally requires a platting process but sometimes a 07/08/13 -6- modified process is allowed to divide the property by metes and bounds. In this case, the property to be created is not likely to be changed or conveyed and will become EDA property. 1. RESOLUTION NO. 2013 -73 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013- 007 SUBMITTED BY ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF BROOKLYN CENTER OF A PLANNED UNIT DEVELOPMENT AMENDMENT TO THE 2007 BROOKLYN HOTEL PARTNERS, LLC/EMBASSY SUITES PLANNED UNIT DEVELOPMENT TO PROVIDE FOR THE ALLOWANCE OF A NEW 81 -UNIT CANDLEWOOD SUITES HOTEL (LOCATED AT 2650 EARLE BROWN DRIVE) Councilmember Ryan moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2013 -73 Regarding Recommended Disposition of Planning Commission Application No. 2013 -007 submitted by Economic Development Authority for the City of Brooklyn Center of a Planned Unit Development Amendment to the 2007 Brooklyn Hotel Partners, LLC /Embassy Suites Planned Unit Development to Provide for the Allowance of a New 81 -Unit Candlewood Suites Hotel (located at 2650 Earle Brown Drive). Motion passed unanimously. 9c. REQUEST FOR APPROVAL OF A PROPOSED LAND USE AMENDMENT TO THE CITY'S COMPREHENSIVE PLAN TO CHANGE THE THREE ADDRESSED PROPERTIES LOCATED AT 3955, 4001, AND 4007 — 69TH AVENUE NORTH AND CONSISTING OF APPROXIMATELY 1.76 ACRES, FROM SF- SINGLE FAMILY RESIDENTIAL TO RB- RETAIL/BUSINESS (COMMERCIAL) FOR THE PURPOSE OF EXPANDING THE HONDA DEALERSHIP, LOCATED AT 6800 BROOKLYN BOULEVARD Mr. Benetti provided an overview of the request for approval of a proposed Land Use Amendment to the City's Comprehensive Plan to change three properties consisting of approximately 1.76 acres from SF- Single Family Residential to RB- Retail/Business to allow the expansion of the Honda Dealership located at 6800 Brooklyn Boulevard. He reviewed anticipated land use requests and advised the Planning Commission recommended approval of the applications at its June 26, 2013, meeting. The development plan would be considered by the City Council at a future date. Mr. Benetti stated if approved by the City Council, staff would request authorization to submit this amendment to the Metropolitan Council for review. 1. RESOLUTION NO. 2013-74 GRANTING PRELIMINARY APPROVAL OF A PROPOSED LAND USE AMENDMENT TO THE 2013 COMPREHENSIVE PLAN . FROM "SF- SINGLE- FAMILY" TO "RB- RETAIL BUSINESS," RELATIVE TO THE R3- MULTIPLE FAMILY RESIDENTIAL ZONED LAND GENERALLY LOCATED AT 3955, 4001, AND 4007 — 69THH AVENUE NORTH AND AUTHORIZE THE FORMAL 07/08/13 -7- SUBMITTAL OF SAID AMENDMENT TO THE METROPOLITAN COUNCIL Councilmember Lawrence - Anderson moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2013 -74 Granting Preliminary Approval of Proposed Land Use Amendment to the 2013 Comprehensive Plan from "SF- Single Family" to "RB- Retail Business," relative to the R3- Multiple Family Residential Zoned Land Generally Located at 3955, 4001, and 4007 — 69th Avenue North and Authorize the Formal Submittal of Said Amendment to the Metropolitan Council. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 5706 JAMES 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 Ryan moved and Councilmember Lawrence - Anderson seconded to approve the issuance of a Type IV six -month provisional rental license and mitigation plan for 5706 James 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. 10b. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 4912 ZENITH 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 Lawrence - Anderson seconded to approve the issuance of a Type IV six -month provisional rental license and mitigation plan for 4912 Zenith 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. 07/08/13 -8- 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • June 27, 2013, Earle Brown Days Parade • June 28 -29, 2013, Earle Brown Days Golf Tournament and Family- Friendly Events • June 29, 2013, Brooklyn Center Rotary Family Fun and Games Event • Thanked former Mayor Kragness for organizing the Honor Our Veterans Program • July 1, 2013, Joint City Council / Financial Commission Meeting • July 6, 2013, African Immigrants Family Reunion and Picnic • July 12, 2013, American Cancer Society Relay for Life Councilmember Kleven reported on her attendance at the following and provided information on the following upcoming events: • June 25, 2013, Multi- Cultural Advisory Committee and CSU Joint Meeting • June 26, 2013, Tour of the Brooklyn Center ITT Technical Institute • June 26, 2013, Morning and Afternoon Ceremonies when 500 people at each became United States Citizens • June 26, 2013 Planning Commission Meeting • June 27, 2013, Exhibit on Minnesota Disasters at North Hennepin College • June 27, 2013 Earle Brown Days Parade • June 28, 2013, Served Food at the Centennial Park Dunkin Jamboree • June 29, 2013, Earle Brown Days Events and Handed out Prizes • July 1, 2013, Joint City Council / Financial Commission Meeting • July 9, 2013, Centennial Park Entertainment by the Reuben Ristrom Band • Dates and Locations for Free Breakfasts and Lunches in Brooklyn Center • Popeye's is now open at 5430 Brooklyn Boulevard Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • June 27, 2013, Brooklyn Center Business Association Luncheon • June 27, 2013, Earle Brown Days Parade • June 28, 2013, Set up Park for Earle Brown Festivities • June 29, 2013, Volunteered with Earle Brown Days Committee to take registrations and help vendors • June 29, 2013, Honor Our Veterans Program and Capri Big Band • July 1, 2013, Joint City Council / Financial Commission Meeting Councilmember LawrencelAnderson reported on her attendance at the following and provided information on the following upcoming events: • June 27, 2013, Brooklyn Center Business Association Luncheon • June 27, 2013, Earle Brown Days Parade • June 29, 2013, Garbage Patrol for Business Expo • June 29, 2013, Honor Our Veterans Program • June 29, 2013, Concert and Fireworks 07/08/13 -9- • July 1, 2013, Joint City Council / Financial Commission Meeting Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • June 25, 2013, Multi- Cultural Advisory Committee Meeting • June 26, 2013, Minneapolis Northwest Convention and Visitors Bureau Board Meeting • June 27, 2013, Earle Brown Days Parade • July 1, 2013, . Joint City Council / Financial Commission Meeting • July 6, 2013, African Immigrants Family Reunion and Picnic 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Lawrence - Anderson seconded adjournment of the City Council meeting at 8:17 p,m. Motion passed unanimously. 07/08/13 -10- 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 8, 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 July 22, 2013, Regular Session. City Clerk 07/08/13 -11- Mayor