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HomeMy WebLinkAbout2008 07-28 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 JULY 28, 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, Director of Fiscal Support Services Dan Jordet, Community Development Director Gary Eitel, Planning and Zoning Specialist Ron Warren, Chief of Police Scott Bechthold, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Councilmember Lasman moved and Councilmember O'Connor seconded to open the Informal Open Forum at 6:46 p.m. Motion passed unanimously. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Duschan Wilson, 2900 Northway Drive, stated his opinion that Center Pointe Apartments are not being properly managed. He stated he was improperly served with an eviction notice and asked what he can do. Mayor Willson read the guidelines for Open Forum. City Manager Curt Boganey explained that it is not appropriate to try and answer that question at the Council meeting. He asked Mr. Wilson to contact him tomorrow so he can schedule a meeting to answer his questions. Mr. Boganey explained that the residents are invited to inform the Council of what is going on so the Council can take it under advisement. Sanchez Moore, 2810 Northway Drive, Unit 302, noted Center Pointe takes their rent for the entire year but makes no repairs. He expressed his frustration that the City knows about this situation but all they do is hold meetings, which do no good. He stated his opinion that Center Pointe should be shut down because of dangerous conditions, causing him to almost fall through the floor. 07/28/08 -1- A resident from 3431 Welcome Avenue stated she has found the apartment complex is getting better about completing work orders and cleaning up the building. She suggested that the problem is the people who live there. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:54 p.m. Motion passed unanimously. 2. INVOCATION Lonte Hill, Citadel of Hope Worship Center, provided the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session and was 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, Director of Fiscal Support Services Dan Jordet, Community Development Director Gary Eitel, Planning and Zoning Specialist Ron Warren, Chief of Police Scott Bechthold, City Attorney Charlie LeFevere, and Carla Wirth, Timesaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Ryan reported on attending the following events: July 18, American Cancer Society Relay for Life. This event raised money for cancer research and to lend support for survivors of this disease and their families. He stated his wife is a cancer survivor so he can identify with those who participated and expressed his admiration for their courage and fortitude. July 27, Home Safety Program with Riverwood residents. July 23, first Brooklyn Center Police Department Outreach meeting in Bellvue Park. Brooklyn Center Centennial Celebration meeting held that same evening. Councilmember Lasman reported on attending the following events: July 16, Brooklyn Center Crime Prevention meeting where they discussed the budget and National Night Out that will be held on August 5. She encouraged residents to get involved. 07/28/08 -2- July 18, Relay for Life. She stated this was a very moving event and is a great tradition in the City. They raised about $330,000 for that cause. July 23, Centennial Celebration meeting. She encouraged anyone who may want to participate or submit ideas, to contact Mayor Willson or a Councilmember. July 23, Bellvue Park Community meeting hosted by the Police Department. Councilmember Yelich stated he had nothing to report at this time. Councilmember O'Connor reported on attending the following events: Housing Commission meeting that was canceled for lack of a quorum. August 5, she will be hosting a Pizza Party, starting at 5:00 p.m., at Humboldt Square Shopping Center, and encouraged all to attend. Mayor Willson reported on attending the following events: July 15, Dangerous Dog Hearing. July 21, League of Minnesota Cities to work with new legislation. He announced that Brooklyn Park Mayor Lampi will represent the north Hennepin County area. July 22, Visit Minneapolis North Committee. July 23, Brooklyn Center 100 Year Celebration Committee. Bellvue Neighborhood Outreach meeting. He estimated there were 110 people at that event. Mayor Willson noted that neighborhoods are the City's strength and Brooklyn Center is known for its neighborhoods. 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. 7d from the Consent Agenda to Council Consideration Item No. 11 d, and the following consent items were approved: 7a. APPROVAL OF MINUTES 1. July 14, 2008 Joint Work Session with Financial Commission 2. July 14, 2008 Regular Session 3. July 14, 2008 Work Session 7b. LICENSES AMUSEMENT DEVICES Vend It LLC 1108 Brookdale Center GARBAGE HAULERS Waste Management 10050 Naples Street NE, Blaine MECHANICAL Air Conditioning Assoc. 55 W. Ivy Ave., St. Paul Air Quality Service, Inc. 6221 Cambridge St., St. Louis Park Hoffman Refrigeration and Heating 5660 Memorial Ave. N., Stillwater 07/28/08 -3- Master Gas Fitters 2242 Jennifer Lane N., N. St. Paul Northern Heating and AC 9431 Alpine Dr., Ramsey Pronto Heating and AC 7501 Washington Ave. N., Edina River City Sheet Metal 8290 Main St. NE, Fridley Whitetail Heating and Cooling 29692 Pine Oak Lane NW, Isanti RENTAL 907 57"" Avenue N. David LaFavor 6718 Aldrich Avenue N. James Price Dawn McNamara 6136 Brooklyn Blvd. Shannon Benalshaikh 6807 Humboldt Ave N C201 Gary Pull 5900 Pearson Dr Mary Tjosvold SIGN HANGER Arrow Design 13735 Aberdeen St., Ham Lake 7c. APPROVAL OF APPLICATION AND PERMIT FOR TEMPORARY ON- SALE LIQUOR LICENSE SUBMITTED BY SURLY BREWING COMPANY, 4811 DUSHARME DRIVE, FOR AN EVENT TO BE HELD SEPTEMBER 6, 2008. 7d RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES This item was moved to Council Consideration Item No. 11 d. Mayor Willson advised that one of the rental licenses is being removed from consideration and the EDA meeting scheduled to follow the City Council meeting tonight will not be held because the one agenda item was removed. Motion passed unanimously. 8. PRESENTATIONS PROCLAMATIONS /RECOGNITIONS/DONATIONS None. i 9. PUBLIC HEARING None. 10. PLANNING COMMISSION ITEMS 10a. PLANNING COMMISSION APPLICATION NO. 2008-003 SUBMITTED BY THE LUTHER COMPANY LLLP. REQUEST FOR REZONING FROM C -2 COM MERLE TO PUD /C 2 PLANNED UNIT DEVELOPMENT /COMMERCE AND DEVELOPMENT PLAN APPROVAL THROUGH THE PUD PROCESS OF THREE CONTIGUOUS LOTS LOCATED ON THE WEST SIDE OF BROOKLYN BOULEVARD BETWEEN I -94 AND 68 AVENUE FOR THE REDEVELOPMENT AND EXPANSION OF THE EXISTING CHEVROLET 07/28/08 -4- i SITE AND THE NEW BUICK, PONTIAC, GMC DEALERSHIP. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS JULY 17, 2008, MEETING. 1. RESOLUTION NO. 2008 -80 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2008- 003 SUBMITTED BY THE LUTHER COMPANY LLLP City Manager Boganey introduced the item and explained the proposed improvements to this site. Mayor Willson noted that Agenda Items No. 10al, 10a2, 10b, 10cl, and 10c2 all relate to the same property and asked Planning and Zoning Specialist Ron Warren to combine his presentation. Planning and Zoning Specialist Warren advised the Planning Commission recommended approval for all three applications and held public hearings at its July 17, 2008, meeting. He presented a general overview of the three requests before the Council: request for rezoning, preliminary plat approval to combine lots, and PUD. He recommended the resolutions be amended to place an additional condition to prohibit the use of outdoor paging systems for both the east and west side developments. Mr. Warren presented the draft resolutions and ordinances. Mr. Warren advised that Gene Hanson, who lives immediately to the east, expressed concern with the use of an outdoor paging system. Mr. Warren responded to questions from the Council. There was discussion on the prohibition of an outdoor paging system, potential issue with restriction of visibility, service areas located to the rear of the buildings, and concern expressed by Mr. Hubbard, which has been addressed with the proposed site plan and landscaping. Mr. LeFevere recommended the two resolutions be amended to add the following condition: There shall be no outdoor paging, announcing, or other amplified voice or music on the site. Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2008 -80, Regarding Disposition of Planning Commission Application No. 2008 -03, submitted by the Luther Company LLLP, and subject to conditions of the Planning Commission and addition of Condition 18 as stated by Attorney LeFevere. Motion passed unanimously. 2. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (WESTERLY OF BROOKLYN BOULEVARD BETWEEN I -94 AND 68" AVENUE NORTH) 07/28/08 -5- Mr. Boganey noted before Council tonight is approval of the first reading of the ordinance and setting the second reading and public hearing for August 25, 2008. Councilmember Lasman moved and Councilmember Yelich seconded to approve first reading and set second reading and Public Hearing on August 25, 2008, of an Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Westerly of Brooklyn Boulevard Between I -94 and 68 Avenue North). Motion passed unanimously. 10b. PLANNING COMMISSION APPLICATION NO. 2008 -04 SUBMITTED BY THE LUTHER COMPANY LLLP. REQUEST FOR PRELIMINARY PLAT APPROVAL TO COMBINE AND DIVIDE FOUR EXISTING LOTS INTO TWO LOTS ON THE EAST SIDE OF BROOKLYN BOULEVARD BETWEEN I -94 AND 69 AVENUE FOR THE CREATION OF TWO NEW AUTOMOBILE DEALERSHIPS. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS JULY 17, 2008, MEETING Mr. Warren stated the Planning Commission recommended approval at its meeting of July 17, 2008, subject to nine conditions. He discussed the recommended conditions, the ordinance, and responded to questions from the City Council. Councilmember Ryan moved and Councilmember Yelich seconded to approve Planning Commission Application No. 2008 -004 submitted by the Luther Company LLLP subject to the following conditions recommended by the Planning Commission: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Approval of this preliminary plat is contingent upon approval of Planning Commission Application No. 2008 -005. 4. Appropriate cross access and cross parking agreements and a dedication binding Lot 1, Block 1, Chrysler Realty Addition to the proposed Lot 1, Block 1, Bri Mar 2nd Addition, as approved by the City Attorney shall be developed and filed with the titles to the property. 5. The applicant shall provide the City with an executed copy of shared access easement between the proposed Lots 1 and 2, Bri Mar 2nd Addition prior to final plat approval to be filed with the titles to the properties. 6. The applicant shall execute all easements required by the City Engineer for drainage and utility purposes prior to final plat approval. 07/28/08 -6- 7. The applicant shall provide written certification from a licensed land surveyor that the existing sidewalk along Brooklyn Boulevard does not encroach into the boundaries of the proposed Lots 1 and 2 or provide the appropriate sidewalk easement dedication along with the final plat. 8. Building permits for construction of any of the buildings comprehended under Planning Commission Application No. 2008 -005 shall not be issued until the plat has been given final approval by the City Council and filed with Hennepin County. 9. The existing house at 4011 69th Avenue North shall be demolished or removed from the property and all utilities appropriately disconnected prior to final plat approval. Motion passed unanimously. 10c. PLANNING COMMISSION APPLICATION NO. 2008-005 SUBMITTED BY THE LUTHER COMPANY LLLP. REQUEST FOR REZONING FROM C -2 (COMMERCE) AND R -3 (MULTIPLE FAMILY RESIDENCE) TO PUD /C -2 (PLANNED UNIT DEVELOPMENT /COMMERCE) AND DEVELOPMENT PLAN APPROVAL THROUGH THE PUD PROCESS FOR TWO NEW AUTOMOBILE DEALERSHIPS (HONDA AND TOYOTA) ON THE EAST SIDE OF BROOKLYN BOULEVARD BETWEEN I -94 AND 69 AVENUE. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS JULY 17, 2008, MEETING. 1. RESOLUTION NO. 2008 -81 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2008- 005 SUBMITTED BY THE LUTHER COMPANY LLLP Mr. Warren stated the Planning Commission recommended approval of this application at its July 17, 2008, meeting, subject to 18 conditions including prohibition of using an outdoor paging system. He discussed the resolution and responded to questions from the City Council. Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2008 -81, Regarding Disposition of Planning Commission Application No. 2008 -05, submitted by the Luther Company LLLP, and subject to conditions of the Planning Commission and addition of Condition 19 as stated by Attorney LeFevere. Motion passed unanimously. 2. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (4011 AND 4101 69 AVENUE) 07/28/08 -7- II Councilmember Lasman moved and Councilmember Ryan seconded to approve first reading and set second reading and Public Hearing on August 25, 2008, for an Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (4011 And 4101 69' Avenue). Motion passed unanimously. Mayor Willson thanked the Luther Company organization for putting these properties together and bringing this wonderful redevelopment to Brooklyn Center. 11. COUNCIL CONSIDERATION ITEMS I Ila. RESOLUTION NO. 2008 -82 ADOPTING BUILDING CAPITAL IMPROVEMENTS AND FINANCING FOR 2008 AND 2009 City Manager Bo ane introduced the item discussed the history, stated the purpose of the tY g g Y rY� pmP proposed resolution. He advised of the costs involved and identified funding source to utilize some of the cash reserve in the Municipal Liquor Fund for the first two years of the plan. In 2010, other revenue sources will be identified. There was discussion on Bonestroo's administration fees and the low level of reserves in the Golf Course Fund. It was pointed out that the updated Comprehensive Plan will ask the general public about the disposition of the Community Center. A question was raised about the expenditure of $120,000 to make improvements to the Community Center over the next two years. However, it was noted this issue was discussed at a recent Work Session and consensus was that the initial improvements are necessary and in the best interest of City. There was discussion on using Liquor Fund reserves to fund this activity and that it is viewed as a temporary solution to catch up with maintenance issues. It was noted that use of Liquor Fund reserves has been beneficial to support the City, Parks, and this project as well. Councilmember Yelich moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008-82 Adopting Building Capital Improvements and Financing for 2008 and 2009. Councilmember Ryan commented on the importance of the Community Center and pool, which requires a tremendous amount of maintenance. He believed the City would be negligent if it didn't take prompt action to preserve that asset. Motion passed unanimously. llb. RESOLUTION NO. 2008 -83 APPROVING THE PROPOSED 2009 OPERATING BUDGETS FOR THE SHINGLE CREEK AND WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSIONS 07/28/08 -8- i Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. He stated this is within the budgetary cap established by the Joint Powers Agreement. There was discussion on the requirement for chloride prewetting and that the City's new equipment provides that ability. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008 -83 Approving the Proposed 2009 Operating Budgets for the Shingle Creek and West Mississippi Watershed Management Commissions. Councilmember O'Connor reviewed their expenditures and funding requests and stated she wonders why the administration costs for the watershed district are so expensive. It was noted the expenses are spread over nine cities. The assessment is based upon the size of the watershed distributed in each municipality and tax capacity of each so the costs are appropriately distributed and relatively small for each community. Councilmember O'Connor voted against the same. Motion passed. 11c. APPROVAL OF JOINT POWERS AGREEMENT FOR THE SERVICE OF BROOKLYN CENTER PUBLIC SAFETY OFFICERS DURING THE 2008 REPUBLICAN NATIONAL CONVENTION Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. He stated the Brooklyn Center Police Officers will be involved in transportation and low risk activities. In exchange, Brooklyn Center will receive mutual aid, if needed. The Council referenced a portion of the July 18, 2008, letter from the League of Minnesota Cities and a question was raised whether their insurance will cover the City's claims. Mr. Boganey explained the letter is carefully worded so it does not guarantee that any act by the City's Officers would automatically be a covered act, in case the act is beyond the scope of the coverage. He advised that the City's Police Officers, if performing their normal duties, would be covered under the policy. It was noted that the City's Officers will be assisting with the Republican National Convention only if they volunteer and the City's needs have already been met. Councilmember Lasman moved and Councilmember Yelich seconded approval of the Joint Powers Agreement for the Service of Brooklyn Center Public Safety Officers During the 2008 Republican National Convention. Motion passed unanimously. 11d. (FORMERLY CONSENT AGENDA ITEM NO. 7d) RESOLUTION NO. 2008 -84 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 07/28/08 -9- In response to Councilmember O'Connor, staff advised of the number and types of trees that are diseased, noting all are located on private land. Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2008 -84 Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees. Councilmember O'Connor voted against the same. Motion passed. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Yelich seconded adjournment of the City Council meeting at 8:30 p.m. Motion passed unanimously. 07/28/08 -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 July 28, 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 August 11, 2008, Regular Session. City Clerk Mayor 07/28/08 -11-