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.
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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.
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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
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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
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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
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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
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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.
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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.
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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:
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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.
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Councilmember Ryan moved and Councilmember Lasman seconded to adopt RESOLUTION NO.
2007 -65 Approving an Application to the Hennepin County Environmental Response Fund.
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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
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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.
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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
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