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Home My WebLink About2013 08-12 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 12, 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, Interim.Finance Director Greg Andrews, Public Works Director/City Engineer Steve Lillehaug, 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, 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 Kleven moved and Councilmember Lawrence-Anderson seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2. INVOCATION As the Invocation, Councilmember Lawrence-Anderson recognized those who contributed to and supported National Night Out. 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 08/12/13 4- Mayor Tim Willson and Councilmembers Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City,Manager Curt Boganey, Interim Finance Director Greg Andrews, Public Works Director/City Engineer Steve Lillehaug, 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. 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 July 22,2013, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. July 15,2013 —Joint Work Session with Financial Commission 2. July 22, 2013—Study Session 3. July 22,2013 —Regular Session 4. August 5, 2013 —Joint Work Session with Financial Commission 6b. LICENSES MECHANICAL 1St Call Heating& Air Conditioning 11585272 d Avenue, Zimmerman B & B Plumbing 25593 109th NW, Zimmerman Forced Air One 6768 158th Lane NW,Ramsey Riccar Heating &Air Conditioning 2387 Station Parkway NW, Andover Schwantes Heating 6080 Oren Avenue N., Stillwater RENTAL— CURRENT RENTAL STANDARDS INITIAL(TYPE III—one-year license) 6116 Aldrich Avenue N. Ryan Whisenant INITIAL (TYPE II—two-year license) 2801 67th Lane Paul Carey 4935 Abbott Avenue N. Robert Anderson 6019 Halifax Place Kin Chew 5525 Logan Avenue N. Alan Sandeen RENEWAL (TYPE III-one-year license) 6114 Dupont Avenue N. Doug Wahl 1519 Humboldt Place N. ShoeMiller Properties LLC 08/12/13 -2- 5318 Irving Avenue N. Nathaniel LoChe 5813 June Avenue N. Lena Lim RENEWAL (TYPE II-two-year license) 6742-44 France Avenue N. Donald Renelt 300062 d Avenue N. Dan Soffa 5550 France Avenue N. Belinda Gonzalez 6757 Humboldt Avenue N. Saleem Raza 6819 Humboldt Avenue N., A203 New Concepts Management 6325 Kyle Avenue N. Cuong Pham 4213 Woodbine Lane Donald Stefanske and Betty Engelby RENEWAL (TYPE I-three-year license) 5519-23 Lyndale Avenue N. Dragon Property Management 5300-04 Vincent Avenue N. Steven and Debra Elhardt 907 57`h Avenue N. David LaFavor 6538 Ewing Avenue N. TuUyen Tran 7036 Halifax Avenue N. John Pham 5319 Knox Avenue N. Daniel Yesnes 5541 Morgan Avenue N. Yang Yang Zheng SIGNHANGER Leroy Signs 6325 Welcome Avenue N., Brooklyn Park 6c. APPLICATION AND PERMIT FOR TEMPORARY ON-SALE LIQUOR LICENSE SUBMITTED BY CITY OF LAKES NORDIC SKI FOUNDATION FOR AN EVENT TO BE HELD AT SURLY BREWING COMPANY, 4811 DUSHARME DRIVE, BROOKLYN CENTER, ON SEPTEMBER 21 AND 22,2013 6d. RESOLUTION NO. 2013-88 GRANTING CORPORATE AUTHORITY FOR SIGNING OF CHECKS AND TRANSACTION OF FINANCIAL BUSINESS MATTERS 6e. RESOLUTION NO. 2013-89 WITHDRAWING A "REQUEST FOR PROPOSALS" DOCUMENT FOR PROVIDING PROFESSIONAL AUDIT SERVICES 6f. FIBER OPTIC NETWORK EXPANSION AND PARTNERSHIPS 1. RESOLUTION NO. 2013-90 AUTHORIZING EXECUTION OF AN AGREEMENT FOR DEVELOPMENT, OPERATIONS, AND MAINTENANCE OF AN INSTITUTIONAL COMMUNICATION NETWORK BETWEEN THE CITY OF BROOKLYN CENTER AND LOGIS 08/12/13 -3- 2. RESOLUTION NO. 2013-91 AUTHORIZING EXECUTION OF A FIBER AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND HENNEPIN COUNTY 6g. RESOLUTION NO. 2013-92 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 6h. RESOLUTION NO. 2013-93 CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT NUISANCE ABATEMENT COSTS, DELINQUENT ADMINISTRATIVE FINES/ CITATIONS, AND DELINQUENT ADMINISTRATIVE VACANT BUILDING REGISTRATIONS 6i. RESOLUTION NO. 2013-94 APPROVING A LAND USE AMENDMENT TO THE 2030 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 6j. RESOLUTION NO. 2013-95 CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS City Manager Curt Boganey introduced newly appointed Interim Finance Director Greg Andrews. Interim Finance Director Greg Andrews reviewed his professional background and stated he looks forward to working with the City Council during recruitment of a Finance Director. Mayor Willson extended the City Council's welcome to Interim Finance Director Andrews. Mayor Willson read in full a Mayoral Proclamation recognizing and expressing appreciation to former Finance Director Daniel Jordet for his nine years of professional and exemplary service to the City of Brooklyn Center. 8. PUBLIC HEARINGS 8a. ORDINANCE NO. 2013-03 AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND GENERALLY LOCATED AT 3955, 4001, AND 4007 — 69' AVENUE NORTH 08/12/13 -4- City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance to change the zoning classification of property at 3955,4001,and 4007— 69t' Avenue North. It was noted this item was published in the official newspaper on August 1, 2013, and is offered this evening for Public Hearing and second reading. Planning and Zoning Specialist Tim Benetti presented past consideration of the ordinance noting it would provide for additional vehicle storage of the Luther Honda Toyota Dealership. Councilmember Myszkowski moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. No one appeared to speak. Councilmember Ryan 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. 2013-03 Amending Chapter 35 of the City Code of Ordinances Regarding the Zoning Classification of Certain Land Generally Located at 3955, 4001, and 4007 - 69 Avenue North. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2013-012 SUBMITTED BY RECREATION FIRE AND MIRACLE MINISTRIES FOR A SPECIAL USE PERMIT TO OPERATE A PLACE OF RELIGIOUS ASSEMBLY (CHURCH) IN THE PUD/1-1 (PLANNED UNIT DEVELOPMENTANDUSTRIAL PARK) DISTRICT Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2013-012 and advised the Planning Commission recommended approval of the applications at its July 25, 2013, meeting. Mr. Benetti answered questions of the City Council regarding the request for a Special Use Permit (SUP) to operate a church in the PUD/1-1, Planned Unit Development/Industrial Park District. Jessica Harstad, representing Recreation Fire and Miracle Ministries, introduced herself and thanked City staff for its help through this process. She indicated the Church has been in operation for three years and is currently renting a different space in Brooklyn Center. 08/12/13 -5- 1. RESOLUTION NO. 2013-96 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-012 SUBMITTED BY RECREATION FIRE AND MIRACLES MINISTRIES CHURCH FOR A SPECIAL USE PERMIT TO OPERATE A PLACE OF RELIGIOUS ASSEMBLY IN THE PUD/I-1 ZONE (6601 SHINGLE CREEK PARKWAY) Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt Resolution No. 2013-96 Regarding the Disposition of Planning Commission Application No. 2013-012 Submitted by Recreation Fire and Miracles Ministries Church for a Special Use Permit to Operate a Place of Religious Assembly in the PUD/I-1 Zone (6601 Shingle Creek Parkway). Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 7025 NEWTON 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 Kleven moved and Councilmember Lawrence-Anderson seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 7025 Newton 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 7009 UNITY AVENUE NORTH Assistant City Manager/Director of Building and Community Standards Vickie Schleuning advised that 7009 Unity Avenue North was inspected and ten 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 and all applicable ordinances. Councilmember Ryan moved and Councilmember Kleven seconded to open the hearing. 08/12/13 -6- Motion passed unanimously. Bakary Fatty, owner of 7009 Unity Avenue North, stated he understands the rental licensing process and noted there have been no police calls. He stated some of the violations were minor in nature and he has followed all required of him. Mr. Fatty asked the City Council to consider approval. Mayor Willson explained the ordinance provides for continuity in Code enforcement to assure adequate living conditions for renters. He thanked Mr. Fatty for coming forward tonight and indicating that he will continue to support the maintenance of this property. Councilmember Ryan moved and Councilmember Lawrence-Anderson 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 7009 Unity 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 events: • July 25, 2013, Metro Cities Seminar on New State Law and Changes in Regulations • July 26, 2013,Liberian Independence Celebration • August 5, 2013,National Night Out Kickoff Event • August 5,2013, Joint City Council/Financial Commission Work Session • August 6, 2013,National Night Out Neighborhood Events Councilmember Kleven reported on her attendance at the following and provided information on the following upcoming events: • August 1, 2013, Session at the Library with teaching artist from the Guthrie Theater • August 1, 2013, Toured two remodeled homes that are part of the Brooklyn Center Neighborhood Stabilization Program • August 1, 2013, Joint meeting of NWCC and the ISAIAH Group • August 5, 2013,United Methodist Church Lunch Program • August 6, 2013, Day of Peace Event at the Minnesota School of Business • August 6, 2013,National Night Out Neighborhood Events • August 7, 2013, Teen Club at the Library • August 8 and 9, 2013, Global Leadership Summit • August 14, 2013, Blood Drive at Brown College 08/12/13 -7- • Farmers Market on Thursdays in the Brooklyn United Methodist Church parking lot and on Fridays-Sundays behind Walgreens • Bass Lake Road project delay and anticipated completion in late-August to early-September Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • August 5, 2013,National Night Out Kickoff Event • August 5, 2013, Joint City Council/Financial Commission Work Session • August 6, 2013,National Night Out Neighborhood Events • August 7, 2013, Parents United for Public Schools Meeting • Brooklyns Youth Council Planning Retreat Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • July 24, 2013, Odyssey Academy Board Meeting • July 25, 2013, Brooklyn Center Business Association Luncheon • July 25,2013, VIP Screening of the movie"Boy's Cry" • August 5, 2013, Brooklyn Center Business Association Board Meeting • August 5,2013,National Night Out Kickoff Event • August 5, 2013, Joint City Council/Financial Commission Work Session • August 6, 2013,National Night Out Neighborhood Events • August 25, 2013,showing of"Boy's Cry"at the Brooklyn Center High School • September 6, 2013 Annual Golf Fund raiser Mayor Willson reported on his attendance at the following events: • Aspen Institute Conference for Minnesota Legislators and Commissioners from the fields of health,public safety, and human services regarding youth and a program addressing Drinking in Excess (DIE) and the abuse of alcohol • August 5,2013,National Night Out Kickoff Event • August 5,2013, Joint City Council/Financial Commission Work Session • August 6,2013,Dangerous Dog Hearing • August 6, 2013,National Night Out Neighborhood Events • Conversation with Jimmy Longoria, the artist working with Mn/DOT on a sound wall mural behind the Earle Brown Elementary School 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Myszkowski seconded adjournment of the City Council meeting at 7:50 p.m. Motion passed unanimously. 08/12/13 -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 August 12, 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 August 26, 2013, Regular Session. City Clerk Mayor 08/12/13 -9-