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Home My WebLink About2007 05-14 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 MAY 14, 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, Planning and Zoning Specialist Ron Warren, Director of Fiscal and Support Services Dan Jordet, City Attorney Charlie LeFevere, Police Lieutenant Scott Nadeau, and Deputy City Clerk Camille Worley. Mayor Willson opened the meeting for the purpose of Informal Open Forum. No one addressed the City Council. Councilmember Lasman moved and Councilmember O'Connor seconded to close the Informal Open Forum at 6:46p.m. Motion passed unanimously. 2. INVOCATION Councilmember Ryan 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, Planning and Zoning Specialist Ron Warren, Director of Fiscal and Support Services Dan Jordet, City Attorney Charlie LeFevere, Police Lieutenant Scott Nadeau, and Deputy City Clerk Camille Worley. 05/14/07 -1- 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Ryan reported attending the 50 Anniversary Celebration at the Brooklyn Center North Port Elementary School and the Brooklyn Center Business Association Luncheon on April 26, 2007. He also reported attending the Hennepin Technical College Open House on May 9, 2007, that featured a networking reception. He reported attending the Association for Responsible Management meeting on May 10, 2007. Councilmember Lasman reported attending the Northwest Hennepin Teen Parent Connection meeting and dinner on April 24, 2007. She reported attending the North Hennepin Chamber meeting on April 27, 2007, where Star Students were recognized and food sharing was discussed. She also reported attending the Northwest Hennepin Family Health Success Forum on May 5, 2007, where barriers, solutions, and formation of committees were discussed. She reported attending the Crime Prevention meeting on May 9, 2007, where the Golf Tournament Fundraiser was discussed. She also reported attending the Brooklyn Center Prayer Breakfast on May 12, 2007, where Start Student Chamber sponsored luncheon was discussed. Councilmember Yelich stated in the interest of time, he had nothing to report. Councilmember O'Connor reported attending the Brooklyn Center Business Association Luncheon where the Metro Transit Station was visited. She reported attending the Earle Brown Days meeting. She stated the Earle Brown Days festivities will begin with the Parade on June 21, 2007. Mayor Willson reported attending the following: April 24, 2007 A welcome address to the Northwest Hennepin Family Services Collaboration. The Northwest Hennepin Teen Parent Connection Planning Commission at the Brooklyn Center Willow Lane School. April 26, 2007 Visited the 50 Anniversary Celebration at the Brooklyn Center Northport School. April 29, 2007 The Lions Pancake Breakfast fundraiser at the Brooklyn Center High School. April 30, 2007 Welcome address to the Central Weights and Measures Convention representing 12 Mid- west states including Minnesota at the Brooklyn Center Crown Plaza Hotel. Interview at City Hall with KSTP Channel 5, a promotional for our Earle Brown Days, June 21 -23, beginning with the Earle Brown Days Parade on June 21. May 4 -7, 2007 Minnesota Mayors Association Conference at the Holiday Inn Willmar hosted by the City of Benson. May 6, 2007 An address to the 20 Year Pastor's Celebration Service at the Brooklyn Center Unity Temple Church of Christ. He stated Chief Bechthold, Chief Boman and Councilmember Yelich also attended. May 9, 2007 05/14/07 -2- Presented the Brooklyn Center Riverdale Neighborhood Association at a luncheon at the Fish Lake Pavilion given by the North Hennepin Human Services Council which awarded their Invest Northwest Award to the Riverdale Neighborhood. May 10, 2007 Attended the CEAP Taste of the Northwest fundraiser at the Brooklyn Park Grand Rios Hotel. May 12, 2007 A welcome address and presented a Mayor's Proclamation to the 29 Annual Prayer Breakfast "Living by Faith" breakfast at the Brooklyn Center Earl Brown Heritage Center. I 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember O'Connor seconded to approve the Agenda and Consent Agenda as amended, with the addition of Item No. 1 Ik, with amendments to the April 23, 2007 Regular Session minutes and the April 30, 2007 Joint Meeting with Brooklyn Park minutes, and the following consent items were approved: 7a. APPROVAL OF MINUTES I April 23, 2007 Joint Meeting with Charter Commission 2. April 23, 2007 Regular Session 3. April 23, 2007 Work Session 4. April 30, 2007 Joint Meeting with Brooklyn Park City Council 5. April 30, 2007 Board of Appeal and Equalization 7b. LICENSES AMUSEMENT DIVICES CDL (Davanni's, MTCO, Brooklyn Center Legion) 11071 93 Ave N, Maple Grove FIREWORKS PERMANENT Big Lots #4494 5930 Earle Brown Drive FIREWORKS- TEMPORARY Cub Foods 3245 County Road 10 MECHANICAL Fore Mechanical Inc 352088 th Ave NE, Blaine Northern Heating Air Cond, Inc. 9431 Alpine Drive NW, Ramsey Paul Stafford Electric, Htg, Cooling 6225 Cambridge Street, Minneapolis Practical Systems 4342B Shad Oak Road Hopkins Y p Solid Refrigeration LLC 1125 American Blvd E, Bloomington St. Cloud Refrigeration 604 Lincoln Ave NE, St. Cloud Total Comfort 4000 Winnetka Ave N #100, New Hope UHL Company Inc 9065 Zachary Lane N, Maple Grove RENTAL Renewal 700-89066 1h Ave N Wiensch Construction 05/14/07 -3- 1 Assault, 12 Dist Peace, 1 Burglary, 3 Weapons, 3 Crimes Against Family, 1 Fire, 1 Obstructing Justice, 1 Sex Crime, and 1 Auto Theft (There were no calls for service for the following) 5224 65th Ave N Nick Morris 5637 Emerson Ave N Douglas Pederson 6037 Ewing Ave N Thor Yang 2741 Freeway Blvd. (Motel 6 Manager Apt.) Motel 6 3913 France PI Betty Nelson 5948 Fremont Ave N Ryan Coller 5548 Girard Ave N Berisso Bekuto 7211 Girard Ave N Tommy Vang 4519 Woodbine Ln Benson Vang Initial (There were no calls for service for the following) 5801 Ewing Ave N Christina Akinola 6412 Lee Ave N DeLaine Fritz 6936 Unity Ave N Edwina Willie 7217 Unity Ave N Franklin Stovall SIGNHANGER Express Signs Balloons, Inc. 19320 Yucon Str NW, Cedar Niemela's Signs Graphics, Inc. 1055 E. Cliff Rd, Burnsville Signcrafters 7775 Main Str, Minneapolis Taurus Sign Co 17900 280 St, Shafer Topline Advertising 11775 Justen Circle, Maple Grove 7c. RESOLUTION NO. 2007 -68 ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2006- 01, 02, 03, 04, CONTRACT 2006 -A, CENTERBROOK NEIGHBORHOOD STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS 7d. RESOLUTION NO. 2007-69 ACCEPTING QUOTATION AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2007 -13, CONTRACT 2007 -C, REFORESTATION OF 2006 STREET IMPROVEMENT PROJECT AREAS Motion passed unanimously. 8. PRESENTATIONS/PROCLAMATIONS There were no Presentations /Proclamations scheduled for this meeting. 9. PUBLIC HEARING There were no Public Hearings scheduled for this meeting. 10. PLANNING COMMISSION ITEMS 05/14/07 -4- 10a. PLANNING COMMISSION APPLICATION NO. 2007 -008 SUBMITTED BY SETH OLIVER. REQUEST FOR A PLANNED UNIT DEVELOPMENT AMENDMENT AND DEVELOPMENT PLAN APPROVAL OF THE FIRST PHASE OF A TWO BUILDING HOTEL COMPLEX CONSISTING OF AN EIGHT STORY, 175 ROOM HOTEL, 100 SEAT RESTAURANT AND AN ENCLOSED CONNECTION TO THE EARLE BROWN HERITAGE CENTER. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS APRIL 26, 2007, MEETING. 1. RESOLUTION NO. 2007 -70 REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2007 -008 SUBMITTED BY SETH OLIVER. City Manager Curt Boganey introduced the item and stated the Planning Commission recommended approval at its April 26, 2007, meeting. Planning and Zoning Specialist Ron Warren discussed the information presented in the staff report. He indicated that ground breaking should begin this summer. There was discussion on the 10 -year tax abatement for the property. There was also discussion on the access to the hotel from the Earle Brown Heritage Center if the center were to be sold in the future. Councilmember Lasman moved and Councilmember Yelich seconded to adopt RESOLUTION NO. 2007 -70 Regarding the Disposition of Planning Commission Application No. 2007 -008 submitted by Seth Oliver. Public Works Director /City Engineer Todd Blomstrom discussed the traffic study and the traffic generated by the proposed hotel site and stated congestion was shown to increase with the proposal. He discussed a possible four -way stop and traffic signals. Councilmember O'Connor voted against the same. Motion passed. 10b. PLANNING COMMISSION APPLICATION NO. 2007 -009 SUBMITTED BY BROOKLYN CENTER CHURCH OF THE NAZARENE. REQUEST FOR A SPECIAL USE PERMIT AND SITE AND BUILDING PLAN APPROVAL FOR A THREE PHASE CHURCH ADDITION AND PARKING LOT EXPANSION AT 501 73RD AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT THEIR APRIL 26, 2007, MEETING. Mr. Boganey introduced the item and stated the Planning Commission recommended approval at its April 26, 2007, meeting. Mr. Warren discussed the information presented in the staff report. Councilmember Yelich moved and Councilmember O'Connor seconded to amend condition No. 11 to accommodate the applicant's proposal for screening on the west side of the property, referencing photograph No. 4. 05/14/07 -5- Mayor Willson and Councilmember Ryan indicated that the Planning Commission's recommendations regarding the fence should be sustained. There was discussion on the light pollution and the different presented screening options. It was discussed that due to the simulated screening photographs not being presented to the Planning Commission, the item should be tabled so that the Planning Commission can review all information presented to the City Council. It was also indicated that the surrounding property owners should be made aware of the screening issue being considered. Councilmember Lasman moved and Councilmember Ryan seconded to table Planning Commission Application No. 2007 -009 until the Planning Commission has had an opportunity to review all information presented to the City Council. Councilmember O'Connor voted against the same. Motion passed. 11. COUNCIL CONSIDERATION ITEMS Ila. RESOLUTION NO. 2007 -71 ACCEPTING QUOTATION AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2007 -16, CONTRACT 2007 -E, 2007 DISEASED TREE REMOVAL Mr. Boganey introduced the item and stated the purpose of the proposed resolution. Mr. Blomstrom explained that the contract is valid for one -year and is based on the various sizes of the trees to be removed. Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2007 -71 Accepting Quotation and Awarding a Contract, Improvement Project No. 2007 -16, Contract 2007 -E, 2007 Diseased Tree Removal. Motion passed unanimously. llb. RESOLUTION NO. 2007 -72 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2007 -01, 02, 03, AND 04, CONTRACT 2007 -A, FREEWAY BOULEVARD AND SHINGLE CREEK PARKWAY STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS Mr. Boganey introduced the item and stated the purpose of the proposed resolution. There was discussion on the cost of the project and possible costs for future improvements along with the estimated daily water usage. Councilmember Yelich moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2007 -72 Accepting Bid and Awarding a Contract, Improvement Project Nos. 2007 -01, 02, 03, and 04, Contract 2007 -A, Freeway Boulevard and Shingle Creek Parkway Street, Storm Drainage and Utility Improvements. Councilmember O'Connor voted against the same. Motion passed. 05/14/07 -6- Ile. RESOLUTION NO. 2007 -73 ESTABLISHING IMPROVEMENT PROJECT NOS. 2008 -01, 02, 03, AND 04, CONTRACT 2008 -A, MARANATHA AREA NEIGHBORHOOD STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS Mr. Boganey introduced the item and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2007 -73 Establishing Improvement Project Nos. 2008 -01, 02, 03, and 04, Contract 2008 -A, Maranatha Area Neighborhood Street, Storm Drainage and Utility Improvements. Motion passed unanimously. 11d. RESOLUTION NO. 2007 -74 AUTHORIZING THE ACQUISITION OF EASEMENT ALONG WILLOW LANE NORTH 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 -74 Authorizing the Acquisition of Easement along Willow Lane North. Motion passed unanimously. Ile. RESOLUTION NO. 2007 -75 RESCINDING ASSESSMENT OF UNPAID UTILITIES TO 5903 EMERSON AVENUE NORTH Mr. Boganey introduced the item and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2007 -75 Rescinding Assessment of Unpaid Utilities to 5903 Emerson Avenue North. Motion passed unanimously. 11f. RESOLUTION NO. 2007 -76 AMENDING 2007 BUDGETS FOR CENTRAL GARAGE FUND AND LIQUOR STORE #1 TO ENABLE PURCHASE OF A CARGO VAN Mr. Boganey introduced the item and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2007 -76 Amending 2007 budgets for Central Garage Fund and Liquor Store #1 to Enable Purchase of a Cargo Van. Motion passed unanimously. llg. RESOLUTION NO. 2007 -77 AUTHORIZING SETTLEMENTS WITH THE METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES (MCES) DIVISION AND METRO TRANSIT DIVISION OF THE METROPOLITAN COUNCIL FOR SANITARY SEWER SERVICES RENDERED 05/14/07 -7- Mr. Boganey introduced the item and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2007 -77 Authorizing Settlements with the Metropolitan Council Environmental Services (MCES) Division and Metro Transit Division of the Metropolitan Council for Sanitary Sewer Services Rendered. Motion passed unanimously. llh. RESOLUTION NO. 2007 -78 AMENDING THE CITY COUNCIL CODE OF POLICIES; SECTION 2.32 WATER UTILITY METER READING POLICY AND AMENDING THE FEES FOR DELINQUENT METER READINGS Mr. Boganey introduced the item and stated the purpose of the proposed resolution. There was discussion on the current practices of unreported water meter readings. It was suggested that directions on how to read the meter or a phone number to call for help be indicated on the meter reading card. Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2007 -78 Amending the City Council Code of Policies; Section 2.32 Water Utility Meter Reading Policy and Amending the Fees for Delinquent Meter Readings. Councilmember O'Connor voted against the same. Motion passed. Ili. CHARTER COMMISSION RECOMMENDATIONS REGARDING SECTIONS 3.11 AND 4.04 OF THE CITY CHARTER Mr. Boganey introduced the item and stated the purpose of the proposed resolution. He stated the adoption of such ordinance requires a unanimous vote by the City Council in order to take effect. There was discussion regarding the potential burden to City Staff with the language of Section 4.04 and the cost of an election cycle if these items were to be voted on. City Attorney Charlie LeFevere stated the cost for an election would be greater than the cost for staff time to verify eligible voters. He explained that verifying registered voters would require less staff time then verifying eligible voters because a list of eligible voters is not available. Councilmember Lasman moved and Councilmember O'Connor seconded to consider Charter Commission recommendations and direct City staff to prepare the Ordinance amendment. The City Council also directed staff to estimate the time it would take to verify eligible voters listed on a petition and approximately how often staff would expect to receive a petition in lieu of a filing fee. The City Council also directed staff to include this information before the Ordinance is considered. Councilmember Yelich voted against the same. Motion passed. llj. RESOLUTION NO. 2007 -79 AUTHORIZING THE CITY MANAGER OF BROOKLYN CENTER TO ENTER INTO A JOINT AGREEMENT WITH THE CITY OF BROOKLYN PARK AND POLICE EXECUTIVE RESEARCH FORUM 05/14/07 -8- i TO CONDUCT A STUDY ON VIOLENT CRIME TO DELIVER A COMPREHENSIVE CRIME REDUCTION STRATEGY FOR BROOKLYN CENTER AND BROOKLYN PARK Mr. Boganey introduced the item and stated the purpose of the proposed resolution. He stated the PERF study should be complete in approximately 10 weeks following commencement. Police Lieutenant Scott Nadeau discussed the rise in crime and stated a larger spike has been seen in Brooklyn Park and Brooklyn Center. He stated the cause for the increase in crime should be revealed in the proposed study. He discussed the involvement of the housing market in the rise in crime. Councilmember Yelich moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2007 -79 Authorizing the City Manager of Brooklyn Center to Enter into a Joint Agreement with the City of Brooklyn Park and Police Executive Research Forum to Conduct a Study on Violent Crime to Deliver a Comprehensive Crime Reduction Strategy for Brooklyn Center and Brooklyn Park. Motion passed unanimously. 11k. SPECIAL WORK SESSION MEETING —MAY 21, 2007 I- 694/HWY 100 Councilmember Lasman moved and Councilmember O'Connor seconded to set the date of a Special Work Session to discuss 1- 694 /HWY 100 redevelopment on May 21, 2007 at 6:00 p.m. in the Council Chambers. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember O'Connor seconded adjournment of the City Council meeting at 9:07 p.m. Motion passed unanimously. 05/14/07 -9- I 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 May 14, 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 29, 2007, Regular Session. City Clerk Wyor I I i 02/26/07 -10-