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HomeMy WebLinkAbout2007 06-11 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 JUNE 11, 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 Support Services Dan Jordet, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Allan Hancock, 5520 Freemont Ave, presented information on Rain Barrels and described the benefits of using such a stormwater collection method. It was suggested that information on Rain Barrels be provided in the City Newsletter for interested residents. City Manager Curt Boganey stated he would report back to the City Council on the use of Rain Barrels. He stated information would be included in a future City Newsletter. Councilmember Lasman moved and Councilmember O'Connor seconded to close the Informal Open Forum at 6:56 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Yelich offered a moment of silence and 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 06/11/07 -1- 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 Support Services Dan Jordet, 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 stated in the interest of time, he had nothing to report. Councilmember Lasman reported attending the May 15 Parks Tour where park usage was reviewed and critiques were given for future improvements. She reported attending the May 18 Crime Prevention Golf Tournament Fundraiser and encouraged future participation. She reported attending the May 29 Joint Work Session with the City of Crystal where discussion was held on the future Bass Lake Road project, deer population issues, and trail systems. Councilmember Yelich passed on the opportunity to provide a Council Report. i Councilmember O'Connor reported attending the Earle Brown Days Board of Directors meeting and summarized the events scheduled for the festival. Mayor Willson thanked the City Council, City Staff, Police Department, and Fire Department for the compassion and condolences in the sudden death of his 23 year -old daughter. 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 additional Item No. 11 e. under Council Consideration, with amendments to the May 29, 2007 Joint Work Session with Crystal minutes and May 29, 2007 Work Session minutes, and the following consent items were approved: 7a. APPROVAL OF MINUTES 1. May 29, 2007 Joint Work Session with Crystal 2. May 29, 2007 Regular Session 3. May 29, 2007 Work Session 4. June 4, 2007 Joint Work Session with Financial Commission 7b. LICENSES FIREWORKS PERMANENT Walgreens 6390 Brooklyn Blvd i GARBAGE HAULER ULER Ace Solid Waste, Inc Ramsey, MN BFI Waste Systems Circle Pines, MN Walz Brothers Sanitation Maple Grove, MN 06/11/07 -2- LIOUOR Boulevard's Bar Grill 2545 Co Rd 10 [contingent upon submittal of Workers' Compensation Insurance Coverage, copy of Hennepin County Food License, and payment of license fees, approval by State AGED, and Building Official's issuance of Certificate of Occupancy] MECHANICAL Nasseff Mechanical Contractors 122 S. Wabasha, St. Paul United Heating A/C 1295 Hackamore Road, Medina Wencl Services, Inc. 8148 Pillsbury Ave S, Bloomington RENTAL Renewal (There were no calls for service for the following) 6912 Unity Ave N (Single Family) Geri Lynn Williams Initial 5240 Drew Ave N (1 bldg, 10 units) Bradley Schumacher 3 disturbing the peace (There were no calls for service for the following) 6807 Humboldt Ave N #302 (Single Family) Erik Ostigaard 5617 Logan Ave N (Single Family) Darwin Marcia Kulzer SIGNHANGER Universal Sign Company 1033 Thomas Ave, St. Paul 7c. RESOLUTION NO. 2007-83 DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 21 THROUGH JUNE 23, 2007 Motion passed unanimously. 8. PRESENTATIONS PROCLAMATIONS /RECOGNITIONS/DONATIONS 8a. RESOLUTION NO. 2007-84 EXPRESSING APPRECIATION FOR THE DONATION OF JAMES AND LORI DEAN IN SUPPORT OF THE BROOKLYN CENTER COMMUNITY CENTER City Manager Curt Boganey introduced the item and discussed the purpose of the proposed resolution. He discussed the exercise equipment that was donated which will significantly benefit the citizens, allowing the City to provide services to residents at a reduced price. He stated he anticipates that by marketing, memberships will increase, funding the annual cost of maintaining and replacing the equipment. Councilmember Yelich moved and Councilmember Lasman seconded to adopt Resolution No. 2007- 84 Expressing Appreciation for the Donation of James and Lori Dean in Support of the Brooklyn Center Community Center. Motion passed unanimously. 06/11/07 -3- 9. PUBLIC HEARING There was not a Public Hearing scheduled for this meeting. 10. PLANNING COMMISSION ITEMS 10a. PLANNING COMMISSION APPLICATION NO. 2007 -009 SUBMITTED BY BROOKLYN CENTER CHURCH OF THE NAZARENE. REQUEST FOR 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 CITY COUNCIL TABLED THIS ITEM ON MAY 14, 2007, AND REQUESTED THE PLANNING COMMISSION'S REVIEW AND COMMENTS ON A PROPOSED LANDSCAPE SCREENING PLAN ALONG THE WEST PROPERTY LINE. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 31, 2007, MEETING. Mr. Boganey introduced the item and discussed the history of Planning Commission Application No. 2007 -009. He explained that the City Council should act on the item tonight otherwise, due to time constraints, the application will be approved as previously submitted unless the City Council takes a 60 -day extension, with proper notification. Planning and Zoning Specialist Ron Warren discussed the information presented in the staff report. Councilmember Yelich moved and Councilmember Lasman seconded to approve Planning Commission Application No. 2007 -009 subject to the following conditions recommended by the Planning Commission: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of building permits. 2. Grading, drainage, utility and erosion control plan are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits. 4. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 5. B612 curb and gutter shall be provided around all parking and driving areas. 6. An as built survey of the property, improvements and utility service lines shall be submitted to the City Engineering Department. 7. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standards specifications and details. 8. The applicant shall provide appropriate erosion and sediment control devices on site during construction as approved by the City Engineering Department and shall obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. 9. A special use permit is granted to the Brooklyn Center Church of the Nazarene to expand the church in the proposed three phase development and to provide for a Metro Transit Park and Ride facility as comprehended by these plans. Any expansion or alteration of this site, not comprehended by the zoning ordinance or by these approved plans shall not be authorized and would be subject to an amendment to the special use permit. 06/11/07 -4- 10. The special use permit is subject to all applicable codes, ordinances and regulations. Any violations thereof could be grounds for revocation. 11. The screening /landscape plan dated May 28, 2007 is considered to be sufficient screening consistent with Section 35 -711 of the City Ordinances provided the plan is modified to eliminate the portion of the screen fence along the west side of the parking lot and the addition of four more evergreen trees along the west side of the church property to the south of, and in line with, the evergreen trees shown on that plan. Motion passed unanimously. 11. COUNCIL CONSIDERATION ITEMS Ila. AN ORDINANCE AMENDING CHAPTERS 3 AND 4 OF THE BROOKLYN CENTER CITY CHARTER; SECTIONS 3.11 AND 4.04 Mr. Boganey introduced the item and stated the purpose of the proposed ordinance. Councilmember Lasman moved and Councilmember Ryan seconded to approve first reading of ordinance and set second reading and Public Hearing for July 9, 2007. Councilmember O'Connor voted against the same. Motion passed. There was discussion on the fact that a unanimous vote is needed to move the ordinance forward. There was discussion regarding Section 4.04 where concern for clarity was raised. It was indicated that the title: FILE BY AFFIDAVIT FEE OR BY PETITION is confusing and should not include the word Affidavit. City Attorney Charlie LeFevere stated it would be confirmed whether or not an affidavit is required by State law and whether the Charter Commission can further amend Section 4.04 or if a special election is necessary. He stated the City Council can move forward with the ordinance and the Charter Commission should be informed of the minor language changes. He stated the title as presented is not underlined, perhaps indicating that the title is not intended to be changed from the current title which is: FILE BY AFFIDAVIT. Mr. Boganey stated the Charter Commission will receive a copy of the minutes and the proposed changes along with information on the cost of a special election. Councilmember O'Connor moved and Councilmember Lasman seconded to approve first reading of ordinance as long as the title is not changed and remains: FILE BY AFFIDAVIT and set second reading and Public Hearing for July 9, 2007. Motion passed unanimously. llb. RESOLUTION NO. 2007 -85 ACCEPTING THE COMPREHENSIVE ANNUAL FINANCIAL STATEMENT FOR THE YEAR ENDED DECEMBER 31, 2006 Mr. Boganey introduced the item and stated the purpose of the proposed resolution. 06/11/07 -5- Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2007 -85 Accepting the Comprehensive Annual Financial Statement for the Year Ended December 31, 2006. Director of Fiscal Support Services Dan Jordet responded to an inquiry by explaining that the City's net assets reflected in the financial report are correct and explained the calculation of the net assets. Councilmember O'Connor voted against the same. Motion passed. 11c. RESOLUTION NO. 2007 -86 APPROVING FINAL PLAT FOR LINCOLN CROSSING Mr. Boganey introduced the item and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember O'Connor seconded to adopt RESOLUTION NO. 2007 -86 Approving Final Plat for Lincoln Crossing. Motion passed unanimously. 11d. RESOLUTION NO. 2007 -87 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 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 -87 Declaring a Public Nuisance and Ordering the Removal of Diseased Trees. Councilmember O'Connor voted against the same. Motion passed. 11e. SPECIAL WORK SESSION MEETINGS WITH FINANCIAL COMMISSION JUNE 18 AND JULY 30 AT 6:30P.M. Councilmember Lasman moved and Councilmember Yelich seconded to set the dates of Special Work Sessions with the Financial Commission to discuss the 2008 Budget on June 18, 2007, and July 30, 2007 at 6:30 p.m. in the Council /Commission Conference Room. Motion passed unanimously. 12. ADJOURNMENT Councilmember Yelich moved and Councilmember Ryan seconded adjournment of the City Council meeting at 7:50 p.m. Motion passed unanimously. 06/11/07 -6- STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) i 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 June 11, 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 June 25, 2007, Regular Session. City Clerk 1 %ayr 06/11/07 -7-