The URL can be used to link to this page

Home My WebLink About2014 08-11 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 11,2014 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 Nate Reinhardt, 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. No one wished to address the City Council. Councilmember Kleven moved and Councilmember Myszkowski seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2. INVOCATION Mayor Willson requested a moment of silence for the victims of the Ebola virus epidemic which is ongoing in West Africa. 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. 08/11/14 4- 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, Finance Director Nate Reinhardt, 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 Ryan moved and Councilmember Lawrence-Anderson seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Regular Session and Work Session minutes of July 28, 2014, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. July 21,2014—Joint Work Session with Financial Commission 2. July 28,2014—Study Session 3. July 28, 2014—Regular Session 4. July 28, 2014—Work Session 6b. LICENSES MECHANICAL Blue Ox Heating and Air 1428 3Td Street N, Minneapolis Comfort Solutions Heating g & Cooling 11 1 st Street NW Osseo Flare Heating and Air Conditioning 9303 Plymouth Avenue, Golden Valley Legacy Mechanical Services 114 Thomas Circle#106, Monticello Walker Sign Holdings, Inc. 945 Pierce Butler Route, St. Paul RENTAL INITML (TYPE II—two-year license) 5338 Queen Avenue N Thanh Oan 2913 69"Lane N Jacob Basweti RENEWAL (TYPE III—one-year license) 5528 Humboldt Avenue N Bruce Goldberg 5318 Irving Avenue N Nathaniel LeChe— Missing CFHC 7224 Noble Avenue N Quoc Ai Nguyen 08/11/14 -2- RENEWAL (TYPE II—two-year license) 370147"Avenue N Drew Kabauk 5207 Xerxes Avenue N Dean Bona 6614 Bryant Avenue N Yi Lin/Khai Hong Lim Properties 5943 Colfax Avenue N Juliana Koe 3806 Eckberg Drive Jesus Preciado 1525 Humboldt Place N ShoeMiller Properties LLC 1549 Humboldt Place N ShoeMiller Properties LLC RENEWAL (TYPE I—three-year license) 4210 Lakebreeze Avenue James and Bobbie Simons 1335 67"Lane N Dennis and Shannon Dane 7211 Camden Avenue N Arthur Bannerman 6c. RESOLUTION NO. 2014-108 CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS 6d. RESOLUTION NO. 2014-109 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, CENTENNIAL CIVIC & VETERANS MEMORIAL AMPHITHEATER PROJECT 6e. RESOLUTION NO. 2014-110 CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT NUISANCE ABATEMENT COSTS, DELINQUENT ADMINISTRATIVE FINES/CITATIONS, AND DELINQUENT ADMINISTRATIVE VACANT BUILDING REGISTRATIONS 6f. RESOLUTION NO. 2014-111 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 6g. CONSIDERATION OF JOINT POWERS AGREEMENT WITH THE CITY OF MINNEAPOLIS TO PROVIDE ADDITIONAL REMEDIES FOR THE COLLECTION OF UTILITY CHARGES Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2014-112 EXPRESSING RECOGNITION AND APPRECIATION OF MARK HARTFIEL FOR OVER 32 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER 08/11/14 -3- Mayor Willson read in full a Resolution expressing recognition and appreciation of Mark Hartfiel, who began his employment with the City of Brooklyn Center on June 1, 1982, and who will retire on August 14,2014, after more than 32 years of service. City Manager Curt Boganey expressed his appreciation of and gratitude to Mark Hartfiel, who has played an integral role in the success of the City's Public Works Department. Councilmember Kleven moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2014-112 Expressing Recognition and Appre ' 'on of Mark Hartfiel for Over 32 Years of Dedicated Service to the City of Brooklyn Center. x' Motion passed unanimously. 8. PUBLIC HEARINGS 8a. ORDINANCE NO. 2014-07 AMENDING ORDINANCE NO. 2012-04 REGARDING COUNCIL SALARIES FOR 2015-2016 City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance. He added the Financial Commission has recommended adoption of this ordinance related to Council salaries for 2015-2016. Councilmember Ryan moved and Councilmember Myszkowski seconded to open the Public Hearing. Motion passed unanimously. There were no comments. Councilmember Lawrence-Anderson moved and Councilmember Kleven seconded to close the Public Hearing. Motion passed unanimously. Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt ORDINANCE NO. 2014-07 Amending Ordinance No. 2012-04 Regarding Council Salaries for 2015-2016. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2014-013 SUBMITTED BY TWO RIVERS INVESTMENT, INC., FOR A SPECIAL USE PERMIT TO CONVERT AN EXISTING GASOLINE SERVICE AND AUTOMOBILE REPAIR STATION INTO A NEW CONVENIENCE RETAIL FOOD STORE WITH FUEL 08/11/14 -4- SERVICES IN THE C2 (COMMERCE) DISTRICT, LOCATED AT 6840 HUMBOLDT AVENUE NORTH Planning and Zoning Specialist Tim Benetti provided an overview of Planning Commission Application No. 2014-013 and advised the Planning Commission recommended approval of the application at its July 28, 2014,meeting. Mr. Benetti stated that City staff requested that the applicant consider removing parking spaces to provide for access to and exit from the parking lot, and the applicant agreed. He added, however, the applicant has not agreed to closing off access to the site from Humboldt Avenue. He noted the 2013 Comprehensive Plan supports limited access near sign and signal interchanges. Mayor Willson stated the applicant has not submitted a green space plan which is a requirement of the application process. He noted safety issues related to space and access should be addressed at this time, and he agrees that both access points off Humboldt Avenue North should be closed. Mr. Benetti stated the applicant was not present at the Public Hearing for this application, and has not submitted comments to City staff regarding the Commission's recommendations. He noted the Planning Commission recommends approval of the application, with conditions regarding the closure of access off Humboldt Avenue as well as submission of a landscaping plan. Councilmember Myszkowski stated the Humboldt Square shopping area is in need of exterior improvements. She added she was disappointed when she learned that the applicant did not intend to improve the building's exterior. She questioned the feasibility of another food store in this neighborhood,which already has a variety of ethnic grocery stores. Councilmember Myszkowski stated the City has made the improvement of its image a major area of focus, and the location of this property is a gateway for the City. She added that the applicant has an opportunity to do something meaningful in terms of community development, but there appears to be a lack of commitment on their part. She noted she is not ready to approve this application. Councilmember Kleven requested clarification regarding the propane tank storage container on the site near the building. She added that area is unkempt, with weeds and cracked asphalt. Mr. Benetti stated a "knee wall" in that location was constructed as a trash enclosure, but the new owner will remove it and the propane tanks will be moved to a different location. Councilmember Lawrence-Anderson expressed her concern that there are no proposed aesthetic improvements to the site, and also with regard to the absence of the applicant and their lack of attention to the process. She added she is not ready to approve the request. Councilmember Ryan asked whether the applicant agreed to provide a plan for aesthetic improvements to the site. Mr. Benetti stated that City staff requested exterior modifications, but 08/11/14 -5- the owners indicated that they do not intend to complete exterior improvements. He stated the item should be tabled if the City Council wishes to give the applicant an opportunity to respond to their requests. Mayor Willson expressed his concern at the applicant's absence. He added he would support tabling the issue and providing a 60-day extension for the applicant to address the concerns of the City Council Councilmember Kleven stated she would like to see building plans for the proposed food store. Mayor Willson moved and Councilmember Ryan seconded to table the Special Use Permit application for an additional 60 days, to allow the applicant to address the concerns of the City Council with regard to the site and building plan, and to instruct City staff to prepare fmdings for denial. Motion passed unanimously. Councilmember Myszkowski asked whether the applicant is required to attend the Public Hearing. Mr. Boganey stated the Public Hearing is required by law, but attendance is not mandatory. Mr. Benetti stated the Public Hearing notice indicates that the applicant must be present,but it is not required by City Ordinance. Councilmember Ryan stated closing the access points on Humboldt Avenue will decrease safety on the site, and he does not support the recommendation of the Planning Commission. Mr. LeFevere stated closure of north access to the site off Humboldt Avenue will also create safety issues as semi-trucks will have to back up to leave the site. He added, however, approval with conditions will give the applicant the opportunity to meet the requirements of the Planning Commission and City Council. He noted the Special Use Permit is for a use that will reduce the amount of traffic on the site. Councilmember Ryan moved and Councilmember Myszkowski seconded to rescind the 60-day extension of Special Use Permit application process. Motion passed unanimously. 1. RESOLUTION NO. 2014-113 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-013 SUBMITTED BY TWO RIVERS INVESTMENT, INC., FOR A SPECIAL USE PERMIT TO CONVERT AN EXISTING GASOLINE SERVICE AND AUTOMOBILE REPAIR STATION INTO A NEW CONVENIENCE RETAIL FOOD STORE WITH FUEL SERVICES IN THE C2 (COMMERCE) DISTRICT, LOCATED AT 6840 HUMBOLDT AVENUE NORTH 08/11/14 -6- Mayor Willson moved and Councilmember Myszkowski seconded to adopt RESOLUTION NO. 2014-113 Regarding the Disposition of Planning Commission Application No. 2014-013 Submitted by Two Rivers Investment, Inc., for a Special Use Permit to Convert an Existing Gasoline Service and Automobile Repair Station into a New Convenience Retail Food Store with Fuel Services in the C2 (Commerce)District, Located at 6840 Humboldt Avenue North. Councilmember Ryan voted against the same. Motion passed. SUBMITTED BY THE 9b. PLANNING COMMISSION APPLICATION N0. 2014 014 S U CITY OF BROOKLYN CENTER FOR SITE AND BUILDING PLAN APPROVAL OF THE NEW CENTENNIAL CIVIC AND VETERANS MEMORIAL AMPHITHEATER LOCATED AT 6301 SHINGLE CREEK PARKWAY. Mr. Benetti provided an overview of Planning Commission Application No. 2014-014 and advised the Planning Commission recommended approval of the application at its July 28, 2014, meeting. Committee members Dr. Duane Orn and Myrna Kragness Kauth commented on the Amphitheater design and recommended the City Council's approval of the site and building plan. Councilmember Ryan thanked the Committee for their fundraising efforts, without which construction of the Amphitheater would not have been possible. He added a majority of the funds were provided by private citizens and corporate donations. Mayor Willson expressed his appreciation of the volunteer Commissioners and their hard work over the past few years in bringing this project to completion. Councilmember Lawrence-Anderson requested that the City Council be notified when ground- breaking for the Amphitheater construction is to take place. 1. RESOLUTION NO. 2014-114 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-014 SUBMITTED BY THE CITY OF BROOKLYN CENTER FOR SITE AND BUILDING PLAN APPROVAL OF THE NEW CENTENNIAL CIVIC AND VETERANS MEMORIAL AMPHITHEATER (6301 SHINGLE CREEK PARKWAY) Councilmember Myszkowski moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2014-114 Regarding the Disposition of Planning Commission Application No. 2014-014 Submitted by the City of Brooklyn Center for Site and Building Plan Approval of the New Centennial Civic and Veterans Memorial Amphitheater(6301 Shingle Creek Parkway). Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 08/11/14 -7- 10a. MAYORAL APPOINTMENT OF MEMBER TO SERVE ON HOUSING COMMISSION Councilmember Kleven moved and Councilmember Lawrence-Anderson seconded to ratify Mayoral appointment of Mark Goodell, 1512 Woodbine Lane, to serve on the Housing Commission with a term to expire December 31,2014. Motion passed unanimously. 10b. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 7200 DALLAS ROAD 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 Myszkowski seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 7200 Dallas Road,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 507 69"4 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 Lawrence-Anderson moved and Councilmember Ryan seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 507 69 th 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. 10d. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 6015 ALDRICH 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. 08/11/14 -8- 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 6015 Aldrich 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. 10e. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 5439 COLFAX 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 5439 Colfax 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. 10f. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 7212 WILLOW LANE 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 Myszkowski seconded to approve the issuance of a Type IV six-month provisional rental license and mitigation plan for 7212 Willow Lane, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before a renewal rental license would be considered. Motionassed unanimously. P Y 10g. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSE FOR 3901 BURQUEST LANE 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. 1. RESOLUTION NO. 2014-115 APPROVING A TYPE IV RENTAL LICENSE FOR 3901 BURQUEST LANE 08/11/14 -9- Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2014-115 approving the issuance of a Type IV six-month provisional rental license and mitigation plan for 3901 Burquest Lane,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: • August 4,2014,National Night Out Kick-Off Parry in Centennial Park • August 5, 2014, National Night Out; visited neighborhood parties in "ride along" with Commander Tim Gannon • August 6, 2014, Informational meeting on Ebola virus, presented by Minnesota Department of Health and Fire Chief Lee Gatlin • August 12,2014,Primary Election-polls open from 7:00 a.m.to 8:00 p.m. Councilmember Kleven reported on her attendance at the following and provided information on the following upcoming events: • July 31, 2014, Planning Commission meeting • August 4, 2014,National Night Out Kick-Off Party in Centennial Park • August 5, 2014, National Night Out; visited neighborhood parties in "ride along" with Sergeant Frank Roth • August 6, 2014, Informational meeting on Ebola virus, presented by Minnesota Department of Health and Fire Chief Lee Gatlin • August 7, 2014,delivered Book Sale fliers to local businesses and sorted books • August 11, 2014, visited Brooklyn Center Transit Center along with representatives of the City,Met Council and Metro Transit • Jimmy John's Sandwich Shop is moving into Shingle Creek Crossing with a drive-through. North Memorial Clinic will open at 5615 Xerxes Avenue North on August 19, 2014. • Don't forget to vote on August 12,2014. Councilmember Myszkowski reported on her attendance at the following and provided information on the following upcoming events: • July 29, 2014, attended Brooklyns Alliance for Youth meeting; Youth Employment Initiative fundraiser carwash will be held August 15-17, 2014, at Zanewood Recreation Center and August 22-24, 2014, at Brooklyn Park Community Activity Center (2:30-4:30pm on Fridays and Saturdays; Sundays are 12:00 to 2:00 p.m.). Carwashes are free but donations are welcome. • August 4,2014,National Night Out Kick-Off Party in Centennial Park • August 5, 2014, National Night Out; attended her own neighborhood party, which had its largest turnout in a decade 08/11/14 -10- • August 6, 2014, Informational meeting on Ebola virus, presented by Minnesota Department of Health and Fire Chief Lee Gatlin Councilmember Lawrence-Anderson reported on her attendance at the following and provided information on the following upcoming events: • August 4,2014,National Night Out Kick-Off Party in Centennial Park • August 5, 2014, National Night Out; attended neighborhood parties in "ride along" with Commander Tony Gruenig • August 6, 2014,Informational meeting on Ebola virus, presented by Minnesota Department of Health and Fire Chief Lee Gatlin • Get out and vote on August 12, 2014. Mayor Willson reported on his attendance at the following and provided information on the following upcoming events: • August 4,2014,National Night Out Kick-Off Party in Centennial Park • August 5, 2014, National Night Out; attended neighborhood parties in "ride along" with Police Chief Kevin Benner and City Manager Curt Boganey • August 6, 2014,North Metro Mayors Association meeting at City Hall • August 6, 2014, Informational meeting on Ebola virus, presented by Minnesota Department of Health and Fire Chief Lee Gatlin • August 6, 2014, meeting with Myron Orfield, University of Minnesota (confidential information included in the Council packet) • August 7, 2014, meeting with Rebecca Gilgen, Executive Director of Brooklyns Alliance for Youth,regarding fundraising efforts to support the Youth Employment Initiative • August 9,2014, Hmong community celebration honoring Captain Wao Tai Yang • August 13,2014, CSI Safety Academy Graduation at 5:30 p.m. at Constitution Hall • August 15,2014, City Council Canvass Returns of Primary Municipal Election 12. ADJOURNMENT Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded adjournment of the City Council meeting at 8:45 p.m. Motion passed unanimously. 08/11/14 -11- 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 11, 2014. 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 25, 2014, Regular Session. City Clerk Mayor 08/11/14 -12-