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HomeMy WebLinkAbout2008 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, 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 6:48 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, Acting Director of Public Works /City Engineer David Peterson, Deputy Director of Public Works Bruce Johnson, City Attorney Mary Tietjen, and Carol Hamer, 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 Lasman moved and Councilmember O'Connor seconded to close the Informal Open Forum at 6:49 p.m. Motion passed unanimously. 2. INVOCATION Councilmember O'Connor requested a moment of silence and personal reflection as 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, Community Development Director Gary 08/11/08 -1- Eitel, Planning and Zoning Specialist Ron Warren, Acting Director of Public Works /City Engineer David Peterson, Deputy Director of Public Works Bruce Johnson, City Attorney Mary City Attorney Mary Tietjen, and Carol Hamer, Timesaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Ryan reported on the following: Attendance at National Night Out neighborhood gatherings on August 5 He thanked everyone involved with National Night Out. Tuesday, Au ust 19 is the last day to pre- register for the upcoming primary election on September 9 Individuals can contact the City Clerk or the Hennepin County Auditor's Office for details concerning their polling location. Voter registration materials are available at the Brookdale Hennepin County Library. He challenged citizens to become informed and get out and vote. Councilmember Lasman reported on attending National Night Out neighborhood gatherings on August 5 She commended Police Chief Bechthold, Crime Prevention Specialist Becky Boie, and the Police Department on its work. She encouraged residents to consider starting a block watch if they do not have one in their neighborhood yet. Councilmember Yelich reported on the following: Attendance at National Night Out neighborhood gatherings on August 5 He thanked Crime Prevention Specialist Becky Boie for coordinating the event. He presented a picture of the following sign posted in the City at Moorwood Townhomes: "No Rental Homes Allowed in Moorwood". He discussed the concerns of the residents regarding problems in the townhome association prior to making changes in their bylaws. He presented an overview of statistics related to the following information: crime rate amongst comparable cities; registered sex offenders amongst comparable cities; probationers /population in first and second ring Minneapolis suburbs. He stressed that it is imperative to adopt policies and make it clear that slumlords are not welcome in the City along with any criminal activity associated with them. He stressed that this should be a high priority of the City Council. Mayor Willson asked the City Attorney if the No Rental Homes Allowed in Moorwood sign should be addressed due to the potential ordinance violation. Ms. Tietjen replied that the City would be justified in following up on a potential ordinance violation. Mayor Willson directed Mr. Boganey to take the appropriate action to follow up on the posted sign. Councilmember O'Connor reported on the following events: Attendance at National Night Out on August 5 th by holding a pizza party at the Humboldt Square Shopping Center. 08/11/08 -2- Ball games will continue to be held on Thursdays at 2:00 p.m. at Firehouse Park. Children and adults are welcome to attend. Mayor Willson reported on attending National Night Out neighborhood gatherings on August 5th He commented on the citizens coming together and forming neighborhood alliances. He stated the neighborhoods are the eyes and ears on the street and are the strength in the City. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan moved and Councilmember Yelich seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Study Session minutes of July 28, 2008, and the following consent items were approved: 7a. APPROVAL OF MINUTES 1. July 28, 2008 Study Session 2. July 28, 2008 Regular Session 7b. LICENSES MECHANICAL Kraemer Heating 7441 Dallas Court, Maple Grove Mark's Heating and A/C 141 South Street, Foreston Sharp Heating and A/C 7221 University Avenue NE, Fridley RENTAL INITIAL 5903 Emerson Ave N Chai Lee 5136 France Ave N Les Suoos 4825 Twin Lake Ave Rena Chrysler RENEWAL 5412 Fremont Ave N Gary Anakkala 520063 d Ave N Evaristus Ejimadu 5325 Humboldt Ave N Linda Mitchell 7c. APPLICATIONS AND PERMITS FOR TEMPORARY ON -SALE LIQUOR LICENSES SUBMITTED BY ST. ALPHONSUS CHURCH, 7025 HALIFAX AVENUE NORTH, FOR EVENTS TO BE HELD OCTOBER 4 AND NOVEMBER 15, 2008, AND FEBRUARY 21, MARCH 14, AND MAY 2, 2009 Motion passed unanimously. 8. PRESENTATIONS PROCLAMATIONS /RECOGNITIONS/DONATIONS -None. 08/11/08 -3- 9. PUBLIC HEARING -None. 10. PLANNING COMMISSION ITEMS 10a. PLANNING COMMISSION APPLICATION NO. 2008 -006 SUBMITTED BY LUTHERAN CHURCH OF THE TRIUNE GOD. REQUEST FOR PRELIMINARY PLAT TO SUBDIVIDE THE PROPERTY AT 5827 HUMBOLDT AVENUE NORTH INTO TWO LOTS. Mr. Warren introduced the item, discussed the history, and stated the purpose of Planning Commission Application No. 2008 -006. Councilmember Ryan moved and Councilmember Yelich seconded to approve Planning Commission Application No. 2008 -006 submitted by Lutheran Church of the Triune God 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 acknowledges that the existing landscape screening between the church parking lot and abutting residential lots is determined to be effective screening consistent with the requirements of Section 35 -711 of the City Ordinances. There was discussion on the size of the lots with the proposed subdivision. Motion passed unanimously. 10b. PLANNING COMMISSION APPLICATION NO. 2008 -007 SUBMITTED BY LUKE PAPIN. REQUEST FOR A SPECIAL USE PERMIT TO OPERATE A HOME OCCUPATION INVOLVING CUSTOMER TRAFFIC AND THE PARTICIPATION OF ONE NON RESIDENT AT 3800 WOODBINE LANE. Mr. Warren introduced the item, discussed the history, stated the purpose of Planning Commission Application No. 2008 -007, and responded to questions from the City Council. Mr. Luke Papin and Mr. Curtis Rebelein Jr. were present to answer questions of the Council. There was discussion on the following in relation to the special use permit request: Criminal background checks and proof of current Minnesota residency will be required prior to making an appointment for potential customers; business will be conducted on an appointment only basis. Background checks are very extensive. Licensing requirements are established by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). ATF requires a signed affidavit by licensees of secured storage; annual and random inspections are conducted. ATF limits ammunition on -site to personal use. 08/11/08 4- Guns are tested off -site. Licensing requirements prohibit the production of automatic weapons. There are no current plans to participate in gun shows; it should be noted that gun show sales are subject to the same conditions of regular business sales. Councilmember Yelich moved and Councilmember Lasman seconded to approve Planning Commission Application No. 2008 -007 submitted by Luke Papin; Request subject to the following conditions and considerations: 1. The special use permit is granted for a home occupation involving the sale of firearms that are manufactured or assembled at 3800 Woodbine Lane North and involve the participation of one non resident employee. Said home occupation will involve customer traffic on the site. This home occupation may not be expanded or altered in any way not comprehended by this application without first securing an amendment to the special use permit. 2. No retail sales of firearms or other merchandise not produced on the lot shall be allowed. 3. The home occupation shall not involve the storage of ammunition other than that for personal use, or raw materials such as gun powder or other explosives. 4. The special use permit is subject to all applicable codes, ordinances and regulations. Any violations thereof may be grounds for revocation. 5. All parking associated with this home occupation shall be off street on improved space provided by the applicant. Vehicle parking on the property shall be in compliance with Section 19 -103, Subdivision 12 of the city ordinances regarding the size of vehicles allowed. 6. The hours for retail sales of firearms that are produced on the premises are limited to Monday through Saturday, 10:00 a.m. to 7 p.m. 7. The applicant shall comply with recommendations of the Building Official with respect to safety related matters involving this home occupation. 8. A current copy of the applicant's ATF firearms license shall be kept on file with the city and no operation of the home occupation shall commence until the filing of the license. 9. The applicant shall report annually to the Community Development Department that he continues to be in compliance with the foregoing conditions and shall provide such additional information as the Community Development Department may require to assure compliance. Motion passed unanimously. 08/11/08 -5- 11. COUNCIL CONSIDERATION ITEMS 11a. RESOLUTION NO. 2008-85 APPOINTING ELECTION JUDGES Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember O'Connor seconded to approve RESOLUTION NO. 2008-85 Appointing Election Judges. Mayor Willson thanked the election judges for their participation. Motion passed unanimously. 11b. RESOLUTION NO. 2008 -86 ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT FOR IMPROVEMENT PROJECT NO. 2008- 12, CONTRACT 2008 -F, 2008 SEALCOATING Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember O'Connor moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2008 -86 Accepting Work Performed and Authorizing Final Payment for Improvement Project No. 2008 -12, Contract 2008 -F, 2008 Sealcoating. Staff was commended for the participation in this program as a means to lower the City's costs. It was verified with Mr. Boganey that Staff anticipates participating in this consortium with next year's sealcoating project. Motion passed unanimously. 11c. RESOLUTION NO. 2008 -87 APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NOS. 2008 -01, 02, 03, 04, CONTRACT 2008 -A, 2008 RESIDENTIAL AREA NEIGHBORHOOD STREET AND UTILITY IMPROVEMENTS Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. It was verified with Mr. Peterson that City records were updated accordingly from the 1' /2 inch water service lines shown in the as -built records to the 2 inch lines found with the improvement project. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008 -87 Approving Change Order No. 1, Improvement Project Nos. 2008 -01, 02, 03, 04, Contract 2008 -A, 2008 Residential Area Neighborhood Street and Utility Improvements. 08/11/08 -6- Motion passed unanimously. 11d. RESOLUTION NO. 2008 -88 CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2008 -88 Calling for a Public Hearing on Proposed Special Assessments for Delinquent Public Utility Service Accounts. Motion passed unanimously. 11e. RESOLUTION NO. 2008 -89 APPROVING FINAL PLAT FOR ROSENAU ADDITION Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. There was discussion on the approval being conditional on all of the conditions of the final plat being met. Mr. Warren explained that with the approval of the final plat this evening the City Manager and Mayor will be authorized to sign and release the final plat once the conditions have been met. Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2008 -89 Approving Final Plat for Rosenau Addition subject to the conditions of the final plat having been met. Motion passed unanimously. 11f. RESOLUTION NO. 2008 -90 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. There was discussion on the City's inspection of trees. Mr. Peterson explained that all boulevard trees are inspected for disease each year. Tees on private properties are usually checked if they are obviously diseased. Other trees on private property are checked when reported by property owners or neighbors. Diseased trees are removed from City parks on a regular basis. Councilmember Yelich moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2008 -90 Declaring a Public Nuisance and Ordering the Removal of 08/11/08 -7- Diseased Trees. There was discussion on a fallen tree at an apparently vacant property across from the Fire Station on 66 Avenue. Mr. Boganey stated Staff is in the process of putting together some abatement procedures on this particular tree. In addition there are several other trees in the City where Staff is working on the removal. Councilmember O'Connor voted against the same. Motion passed. 11g. AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY CODE OF ORDINANCES REGARDING FLASHING AND ROTATING SIGNS Mr. Boganey introduced the item and stated the purpose of the proposed ordinance. Mr. Warren discussed the history, provided an overview of the proposed ordinance, and answered questions of the Council regarding the proposed ordinance. There was discussion on the following in relation to the proposed ordinance: Distribution of the proposed sign ordinance amendment to all affected businesses in the City. Whether the proposed language in the ordinance limits the City's ability to limit motion in ways other than flashing and rotating. Ms. Tietjen advised that any court interpreting the ordinance would likely look at the intent of the ordinance, rather than go into great detail about whether or not the ordinance was crafted creatively enough to cover every possible movement of signs. However, clarification regarding the intent would be helpful. High definition picture signs similar to television screens, which are currently being used in outdoor advertising along interstates, would be subject to the established criteria included in the ordinance. The majority consensus of the City Council was to direct staff as follows: 1) Distribute the proposed amendment to the Sign Ordinance to all affected businesses in the City; and 2) Modify the proposed language of the ordinance to clarify the intent that freestanding signs are to remain stationary. Councilmember Lasman moved and Councilmember Ryan seconded to approve first reading of an Ordinance Amending Chapter 34 of the City Code of Ordinances Regarding Flashing and Rotating Signs and Setting Second Reading and Public Hearing on September 8, 2008. Motion passed unanimously. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:19 p.m. Motion passed unanimously. 08/11/08 -8- 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, 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 25, 2008, Regular Session. g Cit V yCI r Mayor 08/11/08 -9-