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Home My WebLink About2008 02-25 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 FEBRUARY 25, 2008 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 Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, City Attorney Charlie LeFevere, Director of Fiscal Support Services Dan Jordet, Engineering Technician IV Bruce Johnson, Community Development Director Gary Eitel, Planning and Zoning Specialist Ron Warren, Assistant to the City Manager Vickie Schleuning, and Carol Hamer, Timesaver Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:47 p.m. Motion passed unanimously. 2. INVOCATION Jill Collins, St. Alphonsus Parish Council, provided the Invocation. 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 Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, City Attorney Charlie LeFevere, Director of Fiscal Support Services Dan Jordet, Engineering Technician IV Bruce Johnson, Community Development Director Gary Eitel, Planning and Zoning Specialist Ron Warren, Assistant to the City Manager Vickie Schleuning, and Carol Hamer, TimeSaver Secretarial, Inc. 02/25/08 -1- 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Ryan reported on attending the City Council Annual Retreat on Saturday, February 16th. The Mayor and all members of the City Council were in attendance, as well as the City Manager and City Department Heads. The purpose of the retreat was to review accomplishments in 2007 and reassess goals for 2008. Councilmember Lasman reported on attending the City Council Annual Retreat on Saturday, February 16 and the Crime Prevention Program meeting on February 20''. She announced that the Citizen and Police Awards Ceremony would be held on April 16th in Constitution Hall in the Community Center. She congratulated Cable Channel 12 for receiving the Large Business of the Year Award. She congratulated all of the nominees and noted the Luther Dealership, located in Brooklyn Center, was a finalist for the award. Councilmember Yelich reported on attending the Scout Expo at Brookdale Mall on February 23rd. Any parents or young persons interested in finding out more information about the Scouts should contact the Northern Star Council website. Councilmember O'Connor reported on attending the following meetings and events: City Council Annual Retreat on Saturday, February 16 Cable Commission Meeting Earle Brown Days Festival Meeting: the festival is scheduled for June 26th 28th. Parties interested in participating in the Craft and Business Expo should contact 763 -569 -3400. Mayor Willson reported on attending the City Council Annual Retreat on Saturday, February 16th. He thanked the staff department heads who were present on a Saturday. He reported that he gave the Mayor's Proclamation to an Eagle Scout on the night of Saturday, February 16th. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, as amended, with the removal of Item No. 7b from the Consent Agenda to Council Consideration Item No. 11 f, and the following consent items were approved: 7a. APPROVAL OF MINUTES 1. February 11, 2008 Study Session 2. February 11, 2008 Regular Session 3. February 11, 2008 Work Session 7b. LICENSES This item was moved to Council Consideration Item No. 11 f. 7c. Site Performance Guarantee Reduction 1. 1701 James Circle (Hansen Brothers Fence) Motion passed unanimously. 02/25/08 -2- 8. PRESENTATIONS PROCLAMATIONS /RECOGNITIONS/DONATIONS —None 9. PUBLIC HEARING None 10. PLANNING COMMISSION ITEMS 10a. PLANNING COMMISSION APPLICATION NO. 2008 -001 SUBMITTED BY REAL ESTATE RECYCLING (RER) ACQUISITIONS, LLC. REQUEST FOR REZONING AND DEVELOPMENT PLAN APPROVAL THROUGH A PUD PROCESS OF A 51,000 SQ. FT. OFFICE/INDUSTRIAL BUILDING AT THE OLD HOWE FERTILIZER SITE CURRENTLY ADDRESSED 4821 XERXES AVENUE NORTH. 1. RESOLUTION NO. 2008 -23 REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2008 -001 SUBMITTED BY REAL ESTATE RECYCLING (RER) ACQUISITIONS, LLC City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Planning and Zoning Specialist Ron Warren presented detailed project background information, discussed the resolution, and responded to questions from the City Council. There was discussion on maintenance of the site, possible uses on the site, and truck access on the site. Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2008 -23 Regarding Disposition of Planning Commission Application No. 2008 -01 Submitted by Real Estate Recycling (RER) Acquisitions, LLC. Motion passed unanimously. 2. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (SOUTHWEST QUADRANT OF BROOKLYN BOULEVARD AND 49TH AVENUE NORTH) Councilmember Lasman moved and Councilmember Ryan seconded approval of first reading of an Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding the Zoning Classification of Certain Land (Southwest Quadrant of Brooklyn Boulevard and 49 Avenue North) and setting second reading and Public Hearing for March 24, 2008. Motion passed unanimously. 02/25/08 -3- 11. COUNCIL CONSIDERATION ITEMS Ila. CHARTER COMMISSION RECOMMENDATION REGARDING ADMINISTRATIVE FINES 1. AN ORDINANCE RELATING TO ADMINISTRATIVE FINES; ADDING A NEW SECTION 12.13 TO THE BROOKLYN CENTER CITY CHARTER Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance. He stated before Council tonight is approval of the first reading of the ordinance and setting the second reading and public hearing for March 24, 2008. Ms. Schleuning provided a brief overview of the purpose for the proposed ordinance and the process involved with establishing an administrative penalty system. There was discussion on Section 12.13. Fines and Penalties, a. Subdivision 1: last sentence: The procedure shall authorize the City to use the services of a third party hearing officer to decide whether an administrative penalty should be imposed." Ms. Schleuning explained the third party would be someone who does not live or work in the City, and is not involved with the City Councilmember O'Connor stated her opposition to implementing the administrative penalty system. Councilmember Lasman stated her support of implementing the administrative penalty system. Councilmember Lasman moved and Councilmember Ryan seconded approval of first reading of an Ordinance Relating to Administrative Fines; Adding a New Section 12.13 to the Brooklyn Center City Charter and setting second reading and Public Hearing for March 24, 2008. Councilmember Yelich indicated he would like to see this item deferred until Council priorities are considered. Mayor Willson and Councilmember Ryan stated their support of implementing the administrative penalty system. Councilmembers O'Connor and Yelich voted against the same. Motion passed. llb. ACQUISITION OF TAX FORFEITED PROPERTY AND EXECUTION OF A QUIT CLAIM DEED FOR CERTAIN LAND IN THE CITY 1. AN ORDINANCE AUTHORIZING THE ACQUISITION OF TAX FORFEITED PROPERTY AND EXECUTION OF A QUIT CLAIM DEED FOR CERTAIN LAND IN THE CITY Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance. It was verified that the County value placed on the property is $180.70. Councilmember Ryan moved and Councilmember Lasman seconded approval of first reading of an Ordinance Authorizing the Acquisition of Tax Forfeited Property and Execution of a Quit Claim Deed for Certain Land in the City and setting second reading and Public Hearing for March 24, 2008. 02/25/08 -4- Motion passed unanimously. 2. RESOLUTION NO. 2008-24 APPROVING A PURCHASE AGREEMENT FOR PARCEL 01- 118 -21 -34 -0070 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Ryan moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2008 -24 Approving a Purchase Agreement for Parcel 01- 118 -21 -34 -0070. Motion passed unanimously. llc. AN ORDINANCE AMENDING THE REGULATION OF INOPERABLE AND /OR JUNK VEHICLES Mr. Boganey introduced the item and stated the purpose of the proposed ordinance. Ms. Schleuning provided background information and reviewed the highlights of the proposed ordinance. It was verified that a stock car /demolition type vehicle on a flatbed trailer that is obviously visible would be considered inoperable. This type of vehicle would be allowed if it is enclosed in a trailer that is deemed operable. There was discussion in relation to the City's authority to assess for incurred costs. There was discussion on Section 19 -1307, specifically in relation to the inclusion of the term "...guilty of a misdemeanor... Mr. LeFevere advised that cities do not have the authority to make a violation a more serious crime than a misdemeanor. He pointed out that throughout the City's codes the statement is included that violation of the code is a misdemeanor. Councilmember Ryan moved and Councilmember Yelich seconded approval of first reading of an Ordinance Amending the Regulation of Inoperable and /or Junk Vehicles and setting second reading and Public Hearing for March 24, 2008. Councilmember O'Connor voted against the same. Motion passed. lld. RESOLUTION NO. 2008 -25 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2008 -01, 02, 03 AND 04, 2008 RESIDENTIAL AREA NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS (MARANATHA AREA) Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. It was verified that approval of this project does not include the Bass Lake Road project. pp p J P J Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2008 -25 Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project No. 2008 -01, 02, 03, and 04, 2008 Residential Area Neighborhood Street, 02/25/08 -5- i Storm Drainage, and Utility Improvements (Maranatha Area). Motion passed unanimously. lle. STAFF RECOMMENDATION TO DELETE PROPOSED SPECIAL ASSESSMENT FOR 6939 BROOKLYN BOULEVARD FROM SPECIAL ASSESSMENT LEVY ROLL, IMPROVEMENT PROJECT NO. 2008-01 AND 2008 -02 Mr. Boganey introduced the item, discussed the history, and stated the purpose for deleting the proposed special assessments for 6939 Brooklyn Boulevard from the Special Assessment Levy, Improvement Project No. 2008 -01 and 2008 -02. Councilmember Yelich moved and Councilmember O'Connor seconded to approve the staff recommendation to delete proposed special assessment for 6939 Brooklyn Boulevard from Special Assessment Levy Roll, Improvement Project No. 2008 -01 and 2008 -02. Motion passed unanimously. 11L LICENSES FOR COUNCIL APPROVAL MECHANICAL Commercial Plumbing Heating 24428 Greenway Ave, Forest Lake Ductworks Heating Air 8140 Arthur St NE, Spring Lake Park Home Depot Home Services 700 Prior Ave N, St. Paul GTS HVAC, Inc. 4018 Joyce Lane, Brooklyn Center Infinity Heating and Air 1017 Meadowood Dr, Brooklyn Park RENTAL 5527 Humboldt Ave N Michael McAlpin 6331 Indiana Ave N Kou Vang 5743 June Ave N Charlynn Waughtel 4107 LakeBreeze Ave Robb Yurch 5030 Lilac Dr N Adelaide Cassell 6424 Orchard Ave N Deana Fenning 5843 Fremont Ave N D J Properties LLC 461966 1h Ave N Michael Barlow 5807 Drew Ave N Drew Kabanuk 7215 Girard Ave N Rebecca Thomley Councilmember Yelich stated this item includes approval of rental licensing of six additional single family homes. Residents are increasingly concerned about this trend and are looking for greater oversight from the City on this issue. Until the City gets to the point where they can do that, he will be voting against this particular item. It was noted that although the concern is understood, Council needs to move forward with the motion on these licenses. Councilmember Lasman moved and Councilmember O'Connor seconded to approve the list of licenses. 02/25/08 -6- Motion passed unanimously. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:18 p.m. Motion passed unanimously. 02/25/08 -7- 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 February 25, 2008. 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 March 10, 2008, Regular Session. City Clerk Mayor 02/25/08 -8-