HomeMy WebLinkAbout2013 10-28 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
OCTOBER 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, and 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 Mary Mullen, TimeSaver Off Site Secretarial, Inc.
Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum.
Mark Carrell, 5341 Brooklyn Boulevard, stated he is concerned about the bus shelter near 55th
Avenue and Brooklyn Boulevard, which is close to his home. He added he has seen many illegal
activities at the bus shelter, including drug use, fighting, and even a recent shooting. He noted
that his home faces east and the bus shelter faces west, so people at the bus shelter have a direct
view of his home. Mr. Carrell stated he knows that Allan Properties donated the bus shelter with
the best intentions, but it is being used for the wrong reasons, and the bus shelter makes his
neighborhood an unsafe place to live. He noted that another nearby bus stop has a bench but no
shelter, and people only use it to wait for buses. He added that the shelter gives people a reason
to linger for hours, and it should be looked at from a safety perspective. He urged the Council to
consider whether it is necessary as well as safe to have a bus shelter at that location. He stated
that he and many of his neighbors agree that the neighborhood would be a safer place without the
bus shelter.
Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to close the
Informal Open Forum at 6:45 p.m.
Motion passed unanimously.
2. INVOCATION
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Councilmember Lawrence-Anderson offered a message of hope and perseverance in memory of
her father,who died of cancer at the age of 60.
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
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 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, and the following consent items were approved:
6a. APPROVAL OF MINUTES
1. October 14, 2013 —Study Session
2. October 14, 2013 —Regular Session
6b. LICENSES
MECHANICAL
All Systems Mechanical LLC 2282 Terminal Road, Roseville
Albers Mechanical 200 W. Plato Boulevard, St. Paul
MacDonald Heating and Air Conditioning 11848 305''Avenue, Princeton
Nassef Mechanical Contractors 122 S. Wabasha Street, St. Paul
Woody's Heating&Air 300 Bates Avenue, St. Paul
RENTAL— CURRENT RENTAL STANDARDS
INITIAL (TYPE III—one-year license)
5332 Irving Avenue N. Jack Kohler
INITIAL (TYPE II-two-year license)
6221 Shingle Creek Parkway/The Crest Apts. Christopher Nimmer
5406 70th Circle Mohammed Aaser
6701 Bryant Avenue N. Natan Zadik
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5357 Colfax Avenue N. Kin Chew
5228 Ewing Avenue N. Natan Zadik
7112 France Avenue N. Patrick Higgins
6807 Humboldt Avenue N. C104 Raymond Charest
5643 Knox Avenue N. Jason Flaa
7200 Morgan Avenue Dwayne Holmstrom
RENEWAL (TYPE III-one-year license)
1425 55h Avenue N. Trung Duong
Brooke Berner
2841 67th Lane N. Did not complete CFHC
RENEWAL (TYPE II-two-year license)
390062 d Avenue N. Levi Dickie
5913 June Avenue N. Mohammed Mehdi
4201 Lakeside Avenue#209 Robert Morgan
5332 Lilac Drive N. Mark Lundberg
SIGNHANGER
Rose City Sign Company 31208 County Road 71, Eagle Bend
6c. RESOLUTION NO. 2013-127 SETTING 2014 EMPLOYER BENEFITS
CONTRIBUTION FOR FULL-TIME NON-UNION EMPLOYEES
6d. RESOLUTION NO. 2013-128 APPROVING CONTRACT BETWEEN
CORNERSTONE ADVOCACY AND PROJECT PEACE
6e. APPROVAL TO AMEND 2013 CITY COUNCIL MEETING CALENDAR
RESCHEDULING THE NOVEMBER 4, 2013, BUDGET WORK SESSION WITH
FINANCIAL COMMISSION TO NOVEMBER 18,2013
Motion passed unanimously.
7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS
7a. PROCLAMATION DECLARING OCTOBER 28, 2013, TO BE DESIGNATED AS
RANDOM ACTS OF KINDNESS DAY
City Manager Curt Boganey introduced the item. He added that since 1997 the City has
recognized random acts of kindness throughout the community that make Brooklyn Center a
better place to live.
Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to approve
PROCLAMATION Declaring October 28, 2013, to be Designated as Random Acts of Kindness
Day.
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Mayor Willson read in full a proclamation declaring October 28, 2013, to be designated as
Random Acts of Kindness Day in the City of Brooklyn Center.
Motion passed unanimously.
7b. RANDOM ACTS OF KINDNESS PRESENTATION OF RECOGNITION AND
CERTIFICATE CEREMONY
Councilmembers read nominations and Mayor Willson presented certificates to the following
recipients in recognition of their Random Acts of Kindness: Jerry Evans, Joe Ericksen, Amanda
Shemon and the students from North View Junior, Michael Nendza, Ray Wagner, Lois
Dumonceaux, Steve Thoennes, Joan Thoennes, Paulette Houglum, Brett Ellard, Sandy
McCormick, Ruth Tate, Diane Sannes, Jeffrey and DeLanna Delzer, Kim Read, Travis
Bonovsky, Paul Fusco, Linda Hanka, Superintendent Bonine, and School Board Member
Jechorek.
Mayor Willson extended the City Council's congratulations to all recipients and thanked them
for making Brooklyn Center a better community. He stressed the importance of recognizing
Random Acts of Kindness, as they are important to Brooklyn Center and its residents.
8. PUBLIC HEARINGS
None
9. PLANNING COMMISSION ITEMS
9a. PLANNING COMMISSION APPLICATION NO. 2013-021 SUBMITTED BY
GATLIN DEVELOPMENT COMPANY. REQUEST FOR PRELIMINARY PLAT
APPROVAL OF SHINGLE CREEK CROSSING 4T" ADDITION LOCATED IN
THE SHINGLE CREEK CROSSING PUD PROPERTIES
Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission
Applications No. 2013-021 and advised the Planning Commission recommended approval of the
applications at its October 17, 2013, meeting.
1. RESOLUTION NO. 2013-129 REGARDING DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2013-021 SUBMITTED
BY GATLIN DEVELOPMENT COMPANY, A REQUEST FOR
PRELIMINARY PLAT OF SHINGLE CREEK CROSSING 4TH ADDITION
Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve
RESOLUTION NO. 2013-129 regarding disposition of Planning Commission Application No.
2013-021 submitted by Gatlin Development Company, a request for preliminary plat of Shingle
Creek Crossing 4h Addition.
Motion passed unanimously.
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9b. PLANNING COMMISSION APPLICATION NO. 2013-017 SUBMITTED BY
HALLE PROPERTIES, LLC. REQUEST FOR SITE AND BUILDING PLAN
APPROVAL OF A NEW 7,322 SQ. FT. DISCOUNT TIRE STORE FOR
BUILDING PAD A WITHIN THE SHINGLE CREEK CROSSING PLANNED
UNIT DEVELOPMENT PROJECT
Mr. Benetti provided an overview of Planning Commission Application No. 2013-017 and
advised the Planning Commission recommended approval of the application at its October 17,
2013,meeting. Mr. Benetti stated, with regard to the two access points on the property, staff was
concerned that the entry points were too narrow to allow garbage truck access. He added the
applicant provided a revised plan today with which the City Engineer is satisfied. He noted the
new revised plan also includes additional landscaping materials near the trash enclosure.
Mayor Willson stated that the Council agreed at its Study Session that the resolution should
include the following stipulation: "The Developer shall submit a landscaping and fence plan
subject to review and approval by City staff." City Attorney Charlie LeFevere agreed.
1. RESOLUTION NO. 2013-130 REGARDING THE DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2013-017 SUBMITTED
BY HALLE PROPERTIES, LLC AND GATLIN DEVELOPMENT
COMPANY, REQUESTING THE APPROVAL OF SITE AND BUILDING
PLAN FOR THE NEW DISCOUNT TIRE STORE, LOCATED ON
BUILDING PAD SITE A OF THE SHINGLE CREEK CROSSING
PLANNED UNIT DEVELOPMENT(1450 SHINGLE CREEK CROSSING)
Councilmember Ryan moved and Councilmember Myszkowski seconded to approve
RESOLUTION No. 2013-130 Regarding the Disposition of Planning Commission Application
No. 2013-017 Submitted by Halle Properties, LLC and Gatlin Development Company,
Requesting the Approval of Site and Building Plan for the New Discount Tire Store, located on
Building Pad Site A of the Shingle Creek Crossing Planned Unit Development (1450 Shingle
Creek Crossing) with the requirement that the Developer shall submit a landscaping and fence
plan subject to review and approval by City staff.
Motion passed unanimously.
9c. PLANNING COMMISSION APPLICATION NO. 2013-022 SUBMITTED BY
AVIS-BUDGET GROUP. REQUEST FOR SPECIAL USE PERMIT APPROVAL
TO ALLOW BUDGET RENTAL TRUCKS TO BE STORED AND LEASED
FROM THE EXISTING AVIS AUTO RENTAL FACILITY, LOCATED IN THE
SEARS AUTOMOTIVE CENTER BUILDING AND PROPERTIES
Mr. Benetti provided an overview of Planning Commission Application No. 2013-022 and
advised the Planning Commission recommended approval of the application at its October 17,
2013,meeting.
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Mr. Benetti answered questions of the City Council regarding the request of Avis-Budget Group
for special use permit approval to allow Budget Rental trucks to be stored and leased from the
existing Avis Auto rental facility, located in the Sears Automotive Center building and
properties.
The Council discussed the proposed parking/storage location for the Budget rental trucks,
directly in front of the rental facility. It was noted that trucks will be visible to traffic entering
the Shingle Creek Crossing development. Mr. Benetti stated the applicant has indicated that
trucks will not be parked there all the time, and there is little traffic in that area in any case.
Councilmember Myszkowski stated she is concerned that the industrial image presented by the
rental center and proposed truck i n e that the City wishes to convey. She
p p storages of the image ty y
added this issue was the subject of discussion at tonight's Study Session with regard to the City's
rental licensing program. She stressed the importance of the appearance of a premier shopping
development that the City has worked so hard to convey.
Councilmember Ryan agreed, adding the rental trucks should be left in their current location
behind the Pep Boys building.
Mayor Willson stated, with regard to the current arrangement, the applicant should show a better
awareness of the appropriate and allowed location for the trucks, as they continue to be moved to
the front of the Pep Boys building. Mr. Benetti stated staff was unable to find any reference to a
Special Use Permit for Pep Boys to store the trucks behind their building.
Councilmember Ryan suggested the Council consider a Special Use Permit for Pep Boys to store
the trucks. Mr. Benetti stated Budget has indicated that they wish to sever the relationship with
Pep Boys.
The Council agreed that trucks should not be allowed to be parked in front of the Budget
location. Mr. LeFevere stated the Council should direct staff to make preparation of findings for
denial of the application.
Councilmember Ryan moved and Councilmember Kleven seconded to direct staff to present
findings for denial of Planning Commission Application No. 2013-022 for Special Use Permit to
allow,Budget Rental trucks to be stored and leased from the existing Avis Auto rental facility,
located in the Sears Automotive Center Building and Properties.
Motion passed unanimously.
10. COUNCIL CONSIDERATION ITEMS
10a. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE
FOR 5563 HUMBOLDT AVENUE NORTH
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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 Lawrence-Anderson moved and Councilmember Myszkowski seconded to
approve the issuance of a Type IV six-month provisional rental license and mitigation plan for
5563 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.
10b. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE
FOR 5500 BRYANT AVENUE NORTH
Assistant City Manager/Director of Building and Community Standards Vickie Schleuning
advised that 5500 Bryant Avenue North was inspected and 17 property code violations were
cited and ultimately corrected. There has been 1 validated police incident 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 Myszkowski seconded to open the hearing.
Motion passed unanimously.
Brad Notenberg, 3450 Lexington Avenue N, Suite 100, Shoreview, stated he is the owner of the
property. He expressed his frustration that the 17 violations were minor. He added they were
due to miscommunication when a staff member left his company. Mr. Notenberg stressed that
he has had a long-standing relationship with the City through which he has shown his
understanding of the process and commitment to quality property management.
Councilmember Myszkowski moved and Councilmember Ryan seconded to close the hearing.
Motion passed unanimously.
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 5500
Bryant 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.
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10c. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE
FOR 5820 LOGAN 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 5820 Logan
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 and provided information on
the following upcoming events:
• October 21, 2013, City Council Joint Budget Work Session with Financial Commission
• October 24, 2013, MN-DNR Mississippi Critical Corridor Study meeting
• October 24, 2013, Ribbon Cutting ceremony at LA Fitness, Shingle Creek Crossing
• October 24, 2013, Metropolitan Council's 2040 Plan meeting
Councilmember Kleven reported on her attendance at the following and provided information on
the following upcoming events:
• October 16, 2013, Community Mediation and Restorative Services' Multicultural Mediation
Open House
• October 17, 2013,Brooklyn Center Planning Commission meeting
• October 19, 2013, Three Rivers Park Sampler at Sochacki Park
• October 21, 2013, City Council Joint Budget Work Session with Financial Commission
• October 24, 2013, Ribbon Cutting ceremony at LA Fitness, Shingle Creek Crossing
• October 24, 2013, Thrive MSP 2040 meeting
• October 26, 2013, "National Take Back Initiative Day"press conference hosted by Hennepin
County Sherriff's Office and US Senator Amy Klobuchar, encouraging the disposal of
unused and unwanted medications
• Meeting and film on human trafficking, featuring Nigerian-born Bukola Oriola, author of
"Imprisoned,"about her experience as a prisoner in 2007 in Minneapolis
• October 28, 2013, Qdoba Grand Opening
• November 2, 2013, Senior Surf Day at Brookdale Library from 1-3 p.m.
• November 1-7, 2013, Pumpkin Recycling at Cub Foods
• November 2013, Breast Cancer Awareness Month at Curves
• Congratulations to Kate Maguire on being named Minnesota Association of School
Administrators' 2014 Superintendent of the Year
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Councilmember Myszkowski reported on her attendance at the following and provided
information on the following upcoming events:
• October 15, 2013, Housing Commission"Welcome Bags"delivery
• October 21, 2013, City Council Joint Budget Work Session with Financial Commission
• October 24, 2013,Northwest Hennepin Family Service Center's Health Fair
• October 24, 2013, Executive Committee Meeting
• October 26,2013, Ribbon Cutting Ceremony at LA Fitness, Shingle Creek Crossing
• October 28, 2013,Qdoba Grand Opening
• Congratulations to Kate Maguire on being named Minnesota Association of School
Administrators' 2014 Superintendent of the Year
Councilmember Lawrence-Anderson reported on her attendance at the following and provided
information on the following upcoming events:
• October 15, 2013, Park and Recreation Commission Meeting
• October 24, 2013, Department of Public Safety Driver's Education Program Launch
• October 26,2013, Ribbon Cutting Ceremony at LA Fitness, Shingle Creek Crossing
• October 21, 2013, City Council Joint Budget Work Session with Financial Commission
• October 28,2013, Qdoba Grand Opening
• October 29, 2013, Latino Cultural Event at Brooklyn Center High School which coincides
with MAC meeting at the same time/location
Mayor Willson reported on his attendance at the following and provided information on the
following upcoming events:
• October 21, 2013, City Council Joint Budget Work Session with Financial Commission
• October 26, 2013,Ribbon Cutting Ceremony at LA Fitness, Shingle Creek Crossing
• October 26, 2013, Pre-Opening Party at Qdoba, including fundraising on behalf of BCHS
Centaurs
• October 28,2013, Qdoba Grand Opening, including Mayor's First Burrito Bite
Mayor Willson stated that he currently sits on the Board of the Firefighters Relief Association.
He added they have received State funding based on an insurance payment, but the City is not
obligated to transfer funds as the Association is self-funded.
Mayor Willson stated the Executive Director for the Brooklyn Bridge Alliance for Youth plans
to attend the National League of Cities' Annual Conference in Seattle, Washington, from
November 13-16, 2013. He added the organization is interested in the Brooklyn Bridge
Alliance.
Mayor Willson stated he will be joining a contingent including Councilmember Myszkowski,
Mr. Boganey, and Monique Drier on a visit to Voinjama, Liberia, from January 18-26, 2014.
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12. ADJOURNMENT
Councilmember Ryan moved and Councilmember Myszkowski seconded adjournment of the
City Council meeting at 8:24 p.m.
Motion passed unanimously.
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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 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 November 12, 2013, Regular
Session.
O o
City Clerk Mayor
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