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HomeMy WebLinkAbout2007 04-23 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 APRIL 23, 2007 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, Public Works Director /City Engineer Todd Blomstrom, Community Development Director Brad Hoffman, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. Mayor Willson opened the meeting for the purpose of Informal Open Forum. I Kris Lawrence- Anderson, 5213 Eleanor Lane, stated the rental Ordinance needs to be applied to all units under five and stated the Ordinance is of the highest priority to her. Philip Berglin, 601 Bellvue Lane, Financial Commissioner applicant, introduced himself and stated he looks forward to working with the City. Karen Bennett, 4008 71 Ave N, stated she installed a fence on her property to keep her neighbors out of her yard. She stated the neighbors are coming through the fence, to retrieve balls, leaving the gate open. She expressed frustration and indicated that she spoke to the Police Department regarding the matter. Tracy Blaisdell, 4001 71 Ave N, stated concern with the incorrect placement of a stop sign and speeding vehicles in her neighborhood. She indicated that two houses in her neighborhood have not been maintaining properly, creating an eye -sore. She stated she has not contacted the Police Department regarding the speeding vehicles because many of them are from the house in which Ms. Bennett stated concern. John Peterson, 5212 64 Ave N, stated the rental Ordinance is lacking regarding single family housing and he would like to see resolution to the matter made a priority. Councilmember Lasman moved and Councilmember O'Connor seconded to close the Informal Open Forum at 6:58p.m. Motion passed unanimously. 04/23/07 -1- 2. INVOCATION Councilmember O'Connor offered a moment of silence 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, Public Works Director /City Engineer Todd Blomstrom, Community Development Director Brad Hoffman, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Ryan reported attending the Housing Commission meeting on April 17, 2007, where the Point -of -Sale Ordinance was discussed. He reported attending the Annual Crime Prevention Program Police Citizens Awards Ceremony on April 18, 2007, sponsored by the Brooklyn Center Police Department and the Crime Prevention Program. He also reported participating in a ride -along on April 20, 2007, in two patrol cars where he was able to observe Police Officers in their normal duties. He stated he is impressed with the dedication and professionalism of the Brooklyn Center Police Officers. Councilmember Lasman reported attending the North Metro Mayors Association Board of Directors meeting hosted by Brooklyn Center on April 11, 2007, where reports were given by Senator Pogemiller and Representative Hortman on transportation issues. She reported attending a Seminar Committee meeting hosted by North Memorial Trauma Center on underage alcohol abuse. She further reported attending the Crime Prevention Program meeting to discuss the upcoming golf tournament fundraiser on May 18, 2007, along with the Annual Crime Prevention Program Police Citizens Awards Ceremony where inspiring stories were told and 50 awards were presented. She also reported attending the Great Shingle Creek Cleanup on April 21, 2007, where she participated in cleaning up the trail system. Councilmember Yelich reported attending a seminar on Comprehensive Planning on April 18, 2007. He extended a compliment to all residents who participated in the Shingle Creek Cleanup. Councilmember O'Connor reported attending the Park and Recreation Commission meeting and stated parks throughout the City will be visited during the next two meetings. She stated she informed the Commission of the road reconfiguration at Bass Lake Road between Brooklyn Boulevard and Hwy 81 where a Commissioner expressed concern of left turns in the middle lane, which was a problem years ago. She further reported attending the Annual Crime Prevention Program Police Citizens Awards Ceremony where she was pleased to learn about the new 04/23/07 -2- I leadership award for children in honor of the Citgo gas station employee who was killed while assisting a customer. Mayor Willson reported attending the North Metro Mayors Association Board meeting on April 11, 2007. He reported attending the Annual Crime Prevention Program Police Citizens Awards Ceremony n April 18 2007. He reported joining Y mn the Riverwood Neighborhood p p g g od for a neighborhood cleanup on Hwy 252. He further reported attending the National Youth Service Learning a at Garden i g City Elementary where 20 students from East Y and West African countri Y Y es put together a ceremony and peace book that they are soliciting funds for, with proceeds going to charity. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman requested the following change to the Work Session minutes of April 9, 2007: Mr. Boganey distributed an update on the 57 and Logan Development Agreement and discussed the information presented. He illustrated that a larger plume of vapors have been found than expected. He discussed the findings of the Minnesota Pollution Control Agency (MPCA). He stated the City is working with the County who has indicated more testing is needed. He stated after testing, it may be justified to enter the homes and implement a venting system. He stated Steiner Development would like to proceed with the commercial aspect of their development, holding off on the residential aspect. He discussed the options to be considered by the City Council. Councilmember O'Connor requested the following change to the Work Session minutes of April 9, 2007: A Pate 1 Councilmember O'Connor asked if the house would be shut down if the water was to be turned off. Mr. Boeanev responded that he did not know. Councilmember Lasman moved and Councilmember O'Connor seconded to approve the Agenda and Consent Agenda, with amendments to the April 9, 2007 Work Session minutes, and the following consent items were approved: 7a. APPROVAL OF MINUTES 1. April 9, 2007 Study Session 2. April 9, 2007 Regular Session 3. April 9, 2007 Work Session 4. April 16, 2007 I- 694/94 Redevelopment Work Session 7b. LICENSES MECHANICAL Allan Mechanical, Inc. 7875 Fuller Road, Eden Prairie CenterPoint Energy 9320 Evergreen Blvd NW, Suite B, Coon Rapids Custom Mechanical Inc 14081 94 Ave N, Maple Grove Kumar Mechanical, Inc. 877 SW 3rd Street, New Brighton 04/23/07 -3- Louis Degidio, Inc. 21033 Heron Way, Lakeville MOTOR VEHICLE DEALERSHIP Luther Brookdale Chevrolet 6701 Brooklyn Blvd Luther Brookdale Chrysler Jeep Dodge 6121 Brooklyn Blvd Brooklyn Center Motors, LLC 6800 Brooklyn Blvd 7c. RESOLUTION NO. 2007 -61 DESIGNATING 2007 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES Motion passed unanimously. 8. PRESENTATIONSIPROCLAMATIONS 8a. TREE CITY USA 1. RESOLUTION NO. 2007 -62 RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA FOR THE FIFTEENTH CONSECUTIVE YEAR Councilmember Lasman moved and Councilmember Yelich seconded to adopt RESOLUTION NO. 2007 -62 Recognizing the Designation of Brooklyn Center as a Tree City USA for the Fifteenth Consecutive Year. Motion passed unanimously. 2. PROCLAMATION DECLARING APRIL 27, 2007 ARBOR DAY AND MAY 2007 ARBOR MONTH IN BROOKLYN CENTER Mr. Boganey explained that the City of Brooklyn Center forestry program includes an Arbor Day and Month program which travels between elementary schools in Brooklyn Center, providing teaching resources, learning activities, and an Arbor Day event to plant one or more trees. He stated the students at Odyssey Charter School will participate in the 2007 Arbor Month celebration at Kylawn Park on May 10, 2007, at 1:00 p.m. He stated the $200 monetary contribution from the Sons of the American Legion will be dedicated to this event. Councilmember Lasman moved and Councilmember Ryan seconded to adopt a Proclamation Declaring April 27, 2007 Arbor Day and May 2007 Arbor Month in Brooklyn Center. Motion passed unanimously. 9. PUBLIC HEARING There was not a Public Hearing scheduled for this meeting. 10. PLANNING COMMISSION ITEMS 10a. PLANNING COMMISSION APPLICATION NO. 2007 -005 SUBMITTED BY MANLEY COMMERCIAL, INC. REQUEST FOR PRELIMINARY PLAT APPROVAL TO COMBINE AND REDIVIDE THREE LOTS AND SURPLUS 04/23/07 -4- RIGHT OF WAY INTO THREE NEW LOTS AND A COMMON AREA FOR A DEVELOPMENT UNDER A PLANNED UNIT DEVELOPMENT (PUD). Mr. Boganey introduced the item and stated the Planning Commission recommended approval at its April 12, 2007, meeting. Planning and Zoning Specialist Ron Warren explained that the City is not involved in the acquisition of the house located at 419 67 Avenue North. He stated Manley Commercial has the option to buy the r p operty, pending the approval of this application. Janelle Frechette, 6630 Camden Drive, distributed a letter to the City Council outlining her concerns regarding landscaping, tree preservation, waste disposal, and traffic. Mr. Warren stated the proposed plan is a modified plan in response to concerns expressed at the Planning Commission meeting. He stated the applicant has agreed to consider retaining as much of the landscaping on the west side of the property as they can. He explained that the applicant intends to clear a portion of the landscaping due to grading; however he stated a 35 -foot buffer would remain. He stated additional landscaping has been added around the dumpster to enhance screening of the waste receptacles. He discussed the traffic light on 66 and Camden Avenues along with access points of the townhome development. There was a discussion on the hours of operation for the commercial uses. Cindy Weber, Manley Commercial, Inc., stated the owners of the property located at 419 67 Avenue North are willing sellers. She stated a strong interest for a drive through coffee shop, however explained that restrictions to the hours of operation may prohibit such use. She discussed other possible tenants such as a hair salon, dry cleaner, tax office, and restaurant. Councilmember Lasman moved and Councilmember Ryan seconded approval of Planning Commission Application No. 2007 -005 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. 2007 -006. 4. The owner association documents and declarations shall be reviewed and approved by the City Attorney and filed with the final plat. 5. All easements necessary to provide utility service to the proposed site development shall be dedicated to the public for public use, as approved by the City Engineer, prior to final plat approval. 6. Water and sanitary sewer services to the existing home at 419 67 Avenue North shall be disconnected at the mains prior to building removal or demolition. Service disconnections shall be done in conformance with sewer and water service disconnection specifications available at the City Engineering department office. I 04/23/07 -5- 7. The home and accessory building at 419 67 Avenue North shall be demolished and /or removed from the property prior to the filing of the plat with Hennepin County or the execution of an agreement to assure such removal. 8. No vehicle access to the proposed site shall be gained from anywhere along 67 Avenue North. 9. Building permits for construction of any building comprehended under Planning Commission Application No. 2007 -006 shall not be issued until the final plat has been approved by the City Council and filed with Hennepin County. 10. All necessary easement and right of way vacations shall be accomplished by ordinance amendment and formally requested by the applicant prior to final plat approval. 11. The access agreement granting access to this site from 66 Avenue North shall be re- reviewed by the City Attorney for appropriateness prior to final plat approval. Motion passed unanimously. 10b. PLANNING COMMISSION APPLICATION NO. 2007 -006 SUBMITTED BY MANLEY COMMERCIAL, INC. REQUEST FOR REZONING FROM C -2 (COMMERCE), R -3 (MULTIPLE FAMILY RESIDENCE TOWNHOUSES) AND R- 1 (ONE FAMILY RESIDENCE) TO PUD /C -2 (PLANNED UNIT DEVELOPMENT /COMMERCE) AND DEVELOPMENT PLAN APPROVAL THROUGH THE PUD PROCESS OF A THREE BUILDING, 25,500 SQ. FT. COMMERCIAL RETAIL /SERVICE CENTER. 1. RESOLUTION NO. 2007 -63 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2007 -006 SUBMITTED BY MANLEY COMMERCIAL, INC. Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2007 -63 Regarding the Disposition of Planning Commission Application No. 2007 -006 Submitted by Manley Commercial, Inc. Motion passed unanimously. 2. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (NORTHWEST OF T.H. 252 AND 66 AVENUE NORTH) Councilmember Lasman moved and Councilmember Ryan seconded to approve first reading and set second reading and Public Hearing for May 14, 2007. Motion passed unanimously. 10c. PLANNING COMMISSION APPLICATION NO. 2007 -007 SUBMITTED BY GLOBAL CONSTRUCTION INVESTMENT CO., INC. REQUEST FOR PRELIMINARY PLAT APPROVAL TO SUBDIVIDE THE PROPOSED TOWNHOUSE DEVELOPMENT AT 4821 TWIN LAKE AVENUE INTO TWO LOTS AND A COMMON AREA. 04/23/07 -6- Mr. Boganey introduced the item and stated the Planning Commission recommended approval at its April 12, 2007, meeting. Councilmember Lasman moved and Councilmember O'Connor seconded approval of Planning Commission Application No. 2007 -007 subject to the following conditions recommended by the Planning Commission: I 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions to Chapter 15 of the City Ordinances. 3. A declaration of covenants and restrictions along with home owner association documents shall be reviewed and approved by the City Attorney prior to final plan approval. 4. The Outlot designation shall not be used for the common area lot. The final plat shall be modified accordingly. Motion passed unanimously. 11. COUNCIL CONSIDERATION ITEMS 11a. MAYORAL APPOINTMENT —FINANCIAL COMMISSION MEMBER Councilmember O'Connor moved and Councilmember Lasman seconded to ratify Mayoral appointments of Philip Berglin, 601 Bellvue Lane and Jessica Roerick, 6119 Emerson Avenue, to the Financial Commission. Motion passed unanimously. 11b. RESOLUTION NO. 2007 -64 AMENDING THE CITY COUNCIL CODE OF POLICIES; SECTION 1.6 TO GUIDE CITY STAFF ON HOW TO INCORPORATE COUNCIL MEMBER INITIATED ITEMS INTO THE WORK SESSION AGENDA IN AN ORDERLY AND EQUITABLE MANNER Mr. Boganey introduced the item and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Yelich seconded to adopt RESOLUTION NO. 2007 -64 Amending the City Council Code of Policies; Section 1.6 to Guide City Staff on How to Incorporate Council Member Initiated Items into the Work Session Agenda in an Orderly and Equitable Manner. Motion passed unanimously. 11c. RESOLUTION NO. 2007 -65 APPROVING AN APPLICATION TO THE HENNEPIN COUNTY ENVIRONMENTAL RESPONSE FUND Mr. Boganey introduced the item and discussed the pending situation with the Minnesota Pollution Control Agency and stated the purpose of the proposed resolution. 04/23/07 -7- Councilmember Ryan moved and Councilmember Lasman seconded to adopt RESOLUTION NO. 2007 -65 Approving an Application to the Hennepin County Environmental Response Fund. I Motion passed unanimously. 11d. ORDINANCE NO. 2007 -04 VACATING AN EASEMENT WITHIN PORTIONS OF LOT 4 AND LOT 5, BLOCK 5, LAKEBREEZE ADDITION, 4821 TWIN LAKE AVENUE NORTH Mr. Boganey stated the item was first read on February 26, 2007; and a Public Hearing was held on March 26, 2007, at which time the Ordinance was tabled to allow staff and the applicant to execute the replacement easement. Councilmember Lasman moved and Councilmember Ryan seconded to adopt ORDINANCE NO. 2007 -04 Vacating an Easement Within Portions of Lot 4 and Lot 5, Block 5, Lakebreeze Addition, 4821 Twin Lake Avenue North, subject to receiving an executed copy of a replacement easement for the property. Motion passed unanimously. 11e. RESOLUTION NO. 2007 -66 ESTABLISHING CITY IMPROVEMENT PROJECT NO. 2007 -17, KYLAWN PARK IMPROVEMENTS, AND AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT Mr. Boganey introduced the item and stated the purpose of the proposed resolution. He stated to his g Y p� p p knowledge, the Park and Recreation Commission has not identified any use for the property. He stated the tennis courts are in a condition that warrants removal. Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2007 -66 Establishing City Improvement Project No. 2007 -17, Kylawn Park Improvements, and Authorizing a Professional Services Agreement. Motion passed unanimously. 11L RESOLUTION NO. 2007 -67 GRANTING CORPORATE AUTHORITY FOR TRANSACTION OF FINANCIAL BUSINESS MATTERS Mr. Boganey introduced the item and stated the purpose of the proposed resolution. Councilmember Yelich moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2007 -67 Granting Corporate Authority for Transaction of Financial Business Matters. Motion passed unanimously. 12. ADJOURNMENT Mayor Willson moved and Councilmember Lasman seconded adjournment of the City Council meeting at 8:10 p.m. in recognition of and respect for the life and contributions of Theodore Kauth. Motion passed unanimously. 04/23/07 -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 April 23, 2007. 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 May 14, 2007, Regular Session. City Clerk Mayor 04/23/07 -9-