Loading...
HomeMy WebLinkAbout2013 10-14 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 OCTOBER 14, 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, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Planning and Zoning Specialist Tim Benetti, and Carla Wirth and Mary Mullen of Timesaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Ray Christensen, 6803 Toledo Avenue N., stated he attended the Council's July 22, 2013, meeting to express his concerns regarding the Maranatha project. He stated to date he had not received a written response and while Director of Business and Development Eitel was prompt in calling him, his explanation was not complete. He stated he remains concerned with the height of the building, which was to be three stories tall but is actually almost four stories tall and resulting shadow onto his property. Mr. Christensen referenced a recent newspaper article that mentions Phase II, including a 38-unit senior independent living facility, that would be similar in height. Councilmember Lawrence-Anderson moved and Councilmember Myszkowski seconded to close the Informal Open Forum at 6:50 p.m. Motion passed unanimously. 2. INVOCATION Reverend Sung-Joo Park, Korean Presbyterian Church of Minnesota, offered the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING 10/14/13 -1- 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, 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, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth and Mary Mullen, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Myszkowski moved and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, as amended, to add 7.c. Resolution Declaring International Walk to School Day, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. September 23, 2013 — Study Session 2. September 23, 2013 —Regular Session 3. September 23, 2013 —Work Session 4. October 7, 2013 —Joint Work Session with Financial Commission 6b. LICENSES MECHANICAL All Appliance Installation Plus P.O. Box 166, Cambridge Barnes Plumbing Company, Inc. 3923 Washington Avenue N,Minneapolis Dave's Heating and Air Conditioning 1601 37th Avenue NE, Columbia Heights Edina Heating and Cooling, Inc. 15753 Cedar Ridge Road, Eden Prairie G-HVAC 16036 Mallard Way SE, Prior Lake Heatpro Heating and Air Conditioning 2185 67th Street E, Inver Grove Heights North Suburban Heating&Air Conditioning 19066 Jasper, Anoka Oxygen Service Company 1111 Pierce Butler Route, St Paul United Heating & Air Conditioning, Inc. 1295 Hackamore Road, Medina RENTAL INITIAL (TYPE III—one-year license) 1007 65th Avenue N. John Deering 7212 Humboldt Avenue N. Natan Zadik—Invitation Homes 10/14/13 -2- I INITIAL (TYPE II — two-year license) 3013 65 th Avenue N. 5927 Aldrich Avenue N. 5321 Colfax Avenue N. 5214 Great View Avenue 5500 James Avenue N. 5300 Logan Avenue N. 7224 Newton Avenue N. 5313 Penn Avenue N. RENEWAL (TYPE III— one-year license) 4101 61 st Avenue N. 4306 66 th Avenue N. 5956 Beard Avenue N. 5031 Drew Avenue N. 6813 Humboldt Avenue N. B301 5350 Logan Avenue N. RENEWAL (TYPE II— two-year license) 3713 53 rd Place N. 3301 62nd Avenue N. 3609 66 th Avenue N. 6430 Dupont Avenue N. 5510 France Avenue N. 5225 Howe Lane 6807 Humboldt Avenue N. C304 6819 Humboldt Avenue N. A301 5338 Irving Avenue N. 5659 Knox Avenue N. 6406 Noble Avenue N. 3216 Poe Road 7189 Unity Avenue N. 5949 York Avenue N. 4937 Zenith Avenue N. RENEWAL (TYPE I — three-year license) 3224 67 th Avenue N. 1325 68 t1 Lane N. 5350 71 st Circle 5243 Ewing Avenue N. 6807 Humboldt Avenue N. C103 6807 Humboldt Avenue N. C302 6813 Humboldt Avenue N. B202 6936 Unity Avenue N. Ernest Strempke Yue Liu Teodoro Llereha-Cooke Joel Salazar Sarah Vogt Benjamin Anthony Rhonda Braziel Brian Hamilton Long Xiong Sarah Vogt Ann Cook Missing CFHC and CPTED Followup Adrian Jimenez New Concepts Management Manoj Moorjani Nazir Moghul Huong Trang Bradley McKnight Patricia Leners Kin Chew Michael Williamson New Concepts Management New Concepts Management TMC Management Corporation Rory Mysliwiec Jeremy Dummer Matt Just McClure Properties LLC Orrin Hager James Maciazka Haymant Dasrath Konrad Wagner Ali S aj ad/786/Homes LLC Gary Scherber New Concepts Management New Concepts Management New Concepts Management Paul Johnson 10/14/13 -3- 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2013-121 EXPRESSING RECOGNITION AND APPRECIATION OF ROGER PETERSON FOR HIS DEDICATED PUBLIC SERVICE ON THE PARK AND RECREATION COMMISSION Mayor Willson read in full a Resolution expressing recognition and appreciation of Roger Peterson for his dedicated service on the Park and Recreation Commission. He expressed the Council's gratitude for Mr. Peterson's leadership throughout the years. Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to approve RESOLUTION NO. 2013-121, Expressing Recognition and Appreciation of Roger Peterson for his Dedicated Service to the City on the Park and Recreation Commission. Councilmember Lawrence-Anderson, as liaison to the Park and Recreation Commission, stated Mr. Peterson will be sorely missed. Motion passed unanimously. 7b. RESOLUTION NO. 2013-122 RECOGNIZING RESIDENT VOLUNTEERS WHO PARTICIPATED IN THE CITY OF BROOKLYN CENTER'S 2013 LANDSCAPE AND GARDEN SPOTLIGHT Mayor Willson read in full a Resolution recognizing resident volunteers who participated in the City of Brooklyn Center's 2013 Landscape and Garden Spotlight. City staff presented a slide show presentation depicting the gardens of. Clement and Mary Goneau of 1607 Woodbine Lane; Willis and Betty Dahn of 5733 Knox Avenue N.; and Heidi Winters of 2107 71St Avenue N. Councilmember Myszkowski moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2013-122 Recognizing Resident Volunteers who Participated in the City of Brooklyn Center's 2013 Landscape and Garden Spotlight. Motion passed unanimously. 7c. RESOLUTION NO. 2013-123 DECLARING OCTOBER 9, 2013, AS INTERNATIONAL WALK TO SCHOOL DAY Mayor Willson read in full a Proclamation recognizing International Walk to School Day on October 9, 2013. Councilmember Ryan moved and Councilmember Myszkowski seconded to approve RESOLUTION NO. 2013-123 Declaring October 9, 2013, as International Walk to School Day. Motion passed unanimously. 8. PUBLIC HEARINGS 10/14/13 4- -None. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2013-018 SUBMITTED BY GATLIN DEVELOPMENT COMPANY. REQUEST FOR A PLANNED UNIT DEVELOPMENT (NO. 4) TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2013-018 request by Gatlin Development Company for a Planned Unit Development (PUD) Amendment No. 4 to the 2011 Shingle Creek Crossing. The Planning Commission recommended approval of the application at its September 26, 2013 meeting. Mr. Benetti reviewed the amended PUD including adjustments to Building Pads A and B with components including increased building depth and location of trash containers. He noted it is staff's recommendation that this application be adopted with conditions noted. Mr. Benetti stated the developer's goal is to begin demolition in 2013 under a separate permit. He confirmed the developer is utilizing a recycling program. With regard to the close location of the Food Court to the Applebee's Restaurant and LA Fitness, Mr. Benetti stated staff will work with the applicant to assure access is maintained and safety is addressed. In addition, engineering and planning staff will address the truck delivery route and loading area to assure it is adequate and will not impact customer parking or pedestrian spaces. Mr. Benetti stated the burden of designing loading spaces is with the engineering staff during the site plan process and will be designed to accommodate the City's largest fire truck as well as semi-truck traffic. At this point, it is conceptual and those details will be addressed during site plan review. 1. RESOLUTION NO. 2013-124 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-018 SUBMITTED BY GATLIN DEVELOPMENT COMPANY FOR A PLANNED UNIT DEVELOPMENT AMENDMENT (NO. 4) TO THE 2011 SHINGLE CREEK CROSSING PLANNED UNIT DEVELOPMENT Councilmember Kleven moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2013-124 Regarding the Disposition of Planning Commission Application No. 2013-018 Submitted by Gatlin Development Company for a Planned Unit Development Amendment (No. 4)to the 2011 Shingle Creek Crossing Planned Unit Development. Motion passed unanimously. 10/14/13 -5- 9b. PLANNING COMMISSION APPLICATION 2013-019 SUBMITTED BY LOREN VAN DER SLIK ON BEHALF OF GATLIN DEVELOPMENT COMPANY. REQUEST FOR SITE AND BUILDING PLAN APPROVAL FOR PROPOSED BUILDING D, LOCATED ON LOT 1, BLOCK 1, SHINGLE CREEK CROSSING 2ND ADDITION (1090 SHINGLE CREEK CROSSING) Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2013-019, request by Loren Van Der Slik on behalf of Gatlin Development Company for Site and Building Plan approval for proposed Building D located on Lot 1, Block 1, Shingle Creek Crossing 2nd Addition, 1090 Shingle Creek Crossing. The Planning Commission recommended approval of the application at its September 26, 2013,meeting. 1. RESOLUTION NO. 2013-125 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2013-019 SUBMITTED BY LOREN VAN DER SLIK ON BEHALF OF GATLIN DEVELOPMENT COMPANY, APPROVING THE SITE AND BUILDING PLAN FOR PROPOSED BUILDING D, LOCATED ON LOT 1, BLOCK 1, SHINGLE CREEK CROSSING 2ND ADDITION (1090 SHINGLE CREEK CROSSING) Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2013-125 Regarding the Disposition of Planning Commission Application No. 2013-019 Submitted by Loren Van Der Slik on Behalf of Gatlin Development Company, Approving the Site and Building Plan for Proposed Building D, Located on Lot 1, Block 1, Shingle Creek Crossing 2nd Addition(1090 Shingle Creek Crossing). Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 1510 69th AVENUE NORTH Assistant City Manager/Director of Building and Community Standards Vickie Schleuning advised that the owner of 1510 691h Avenue North is applying for a new rental license. This property was inspected and 27 property code violations (6.75/unit) were cited and ultimately corrected. 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. She noted the owners were present and wished to address the Council. Councilmember Myszkowski moved and Councilmember Lawrence-Anderson seconded to open the hearing. 10/14/13 -6- Motion passed unanimously. David Itman, co-owner of 1510 69th Avenue N. with Ryan Whisenant, assured the City Council that they have addressed all the issues that had arisen from recent inspections. Ryan Whisenant, co-owner of 1510 691h Avenue N. with David Itman, stated they have a caretaker on site who is a tenant of the property. Mr. Boganey asked for comment on the initial difficulty of having someone at the rental property when City inspections were scheduled. Mr. Itman stated messages were not received by staff before the scheduled inspection, and he apologized for the inconvenience. The City Council thanked the owners for attending the meeting and encouraged them to get beyond a Type IV license. Councilmember Ryan moved and Councilmember Myszkowski seconded to close the hearing. Motion passed unanimously. 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 1510 69th 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 5713 HUMBOLDT 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 5713 Humboldt 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. 10c. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6807 HUMBOLDT AVENUE NORTH, C301 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 10/14/13 -7- motion. Ms. Schleuning stated New Concepts Management owns all but one unit and are attempting to purchase that unit. Currently, the units are condominiums but the property owners are considering whether to convert the condominiums into apartments. Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 6807 Humboldt Avenue North, C301, 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. 10d. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6813 HUMBOLDT AVENUE NORTH, B302 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 6813 Humboldt Avenue North, 13302, 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. 10e. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 7200-7224 CAMDEN AVENUE NORTH,EVERGREEN PARK MANOR 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. The City Council noted it had considered a Type IV, six-month license, for this rental property six months ago and expressed disappointment that it again remained at a Type IV status. The City Council indicated strong confidence in staff s recommendation, noting the City has additional enforcement tools when a rental license is in effect. 1. RESOLUTION NO. 2013-126 APPROVING A TYPE IV RENTAL LICENSE FOR 7200-7224 CAMDEN AVENUE NORTH, EVERGREEN PARK MANOR Councilmember Ryan moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2013-126 Approving a Type IV Rental License for 7200-7224 Camden Avenue North, Evergreen Park Manor. 10/14/13 -8- Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan reported on his attendance at the following and provided information on the following upcoming events: • September 28, 2013, West Fire Station Open House • September 29, 2013, Lions Pancake Breakfast • October 7, 2013, City Council Joint Budget Work Session with Financial Commission • October 13,2013, Liberian Business Association Meeting • October 24, 2013, Land Use Rules Meeting with Representatives of MN-DNR and League of Minnesota Cities • October 24, 2013, LA Fitness Open House, 10am-6pm, Grand Opening at 12:00 p.m. Councilmember Kleven reported on her attendance at the following and provided information on the following upcoming events: • September 24, 2013, Multi-Cultural Advisory Committee's Child Safety Awareness meeting at Police Department • September 26, 2013, Brooklyn Center Business Association Luncheon • September 26, 2013, Planning Commission Meeting • September 28, 2013, West Fire Station Open House • September 29, 2013, Lions Pancake Breakfast • September 29, 2013, Multi-Cultural Advisory Committee's Recognition Ceremony for Bruce and Donna Hobbs • October 2, 2013, Brooklyn Bridge Alliance for Youth Open House • October 5, 2013, Riverwood Neighborhood"Adopt a River Day" Clean-up • October 7, 2013, City Council Joint Budget Work Session with Financial Commission • October 8, 2013, Brooklyn Center Women's Club Luncheon • October 9, 2013, International Walk to School Day at Evergreen School • Restaurant Depot will be opening on December 4, 2013, in the former Best Buy location Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • September 24, 2013, Multi-Cultural Advisory Committee's Child Safety Awareness Meeting • September 28, 2013, West Fire Station Open House • September 29, 2013, Lions Pancake Breakfast • October 2, 2013, Brooklyn Bridge Alliance for Youth Open House • October 7, 2013, City Council Joint Budget Work Session with Financial Commission • Congratulations to Garden City Elementary School for achieving the Celebration Eligible Designation under the Minnesota Department of Education's Multiple Measurements Rating Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • September 24, 2013, Multi-Cultural Advisory Committee's Child Safety Awareness Meeting 10/14/13 -9- • September 28, 2013, West Fire Station Open House • October 5-6, 2013,Police Department's Cops on Top benefiting Special Olympics • October 6, 2013, Crime Prevention booth at Cub Foods • October 7, 2013, City Council Joint Budget Work Session with Financial Commission • October 7, 2013, Brooklyn Center Business Association Executive Board Meeting - in November, she will announce a$500 contribution to the City's youth • October 13, 2013, Brooklyn Center Housing Commission's New Neighbor Welcome Bag Delivery • October 26, 2013, LA Fitness Open House, l Oam-6pm, Grand Opening at Noon • Thanked the City's dedicated Police and Fire Department staff for their services during opening events for new businesses Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • September 13, 2013, Special Council Budget Meeting • September 17, 2013, Recording Session: Mayor's Minute at Cable Channel 12 • September 17, 2013, spoke to students at Brown College, participated in signing of mock Constitution • September 23-29, 2013, out of town and unable to attend September 23 City Council Meeting • September 30, 2013, Brooklyns Meeting • October 1, 2013, Dangerous Dog Hearing • October 7, 2013, City Council Joint Budget Work Session with Financial Commission • October 13, 2013, Riverwood Fall Festival • October 13, 2013, Liberian Business Association Meeting 12. ADJOURNMENT Councilmember Myszkowski moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:05 p.m. Motion passed unanimously. 10/14/13 -10- 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 October 14, 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 October 28, 2013, Regular Session. 0 City Clerk Mayor 10/28/13 -11-