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HomeMy WebLinkAbout2007 07-09 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 JULY 9, 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, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one addressed the City Council. Councilmember Lasman moved and Councilmember Yelich seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2. INVOCATION Councilmember O'Connor asked that everyone take a moment of silence to ponder the part of the Pledge of Allegiance that reads, "liberty and justice for all." 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:01 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, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. 07/09/07 -1- 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 League of Minnesota Cities Conference in Duluth from June 22 -29 and discussed the various seminars she participated in. Councilmember Yelich reporting attending a Police Ride -Along and stated he was impressed with the professionalism of the Police Department and encouraged the City Council to take advantage of the opportunity. Councilmember O'Connor stated she had nothing to report. Mayor Willson reported attending The United States Conference of Mayors in Los Angeles, CA, and submitted a synopsis of his attendance for the record. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Ryan seconded to approve the Agenda and Consent Agenda as amended, with amendments to the June 25, 2007 Regular Session minutes, and the following consent items were approved: 7a. APPROVAL OF MINUTES 1. June 25, 2007 Study Session 2. June 25, 2007 Regular Session 3. June 25, 2007 Work Session 7b. LICENSES AMUSEMENT DEVICE American Amusement Arcades Bloomington, MN Theisen Vending Company Golden Valley, MN GARBAGE HAULER Midwest Grease Redwood Falls, MN T &L Sanitation Service Blaine, MN Sanimax ato Inc. South St. Paul, MN Walters Recycling Refuse Blaine, MN MECHANICAL Brooklyn Air Heating Cooling 4254 Brigadoon Dr, Shoreview A. Aarons Plumbing HVAC P.O. Box 712, Chanhassen Comfort Matters Heating Cooling 10486 Kalland Lane NE, Hanover 07/09/07 -2- RENTAL Renewal 6012 Zenith Ave N Hearthstone Properties 5707 Emerson Ave N Lois Frost Twin Lake North Apts. 4500 -4590 58 Ave N TLN LA NEL River Glen Apts. 407 -607 70 Ave N 504 -604 69" Ave N Gary Brummer Initial 6919 Newton Ave N Ger Yang Motion passed unanimously. 8. PRESENTATIONS PROCLAMATIONS /RECOGNITIONS/DONATIONS 8a. RESOLUTION NO. 2007 -94 EXPRESSING RECOGNITION AND APPRECIATION OF BRAD HOFFMAN FOR HIS 32 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER Mayor Willson read the Resolution in its entirety. Councilmember be Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. Y p 2007 -94 Expressing Recognition and Appreciation of Brad Hoffman for His 32 Years of Dedicated Service to the City of Brooklyn Center. Motion passed unanimously. City Manager Curt Boganey stated on behalf of the City and the former City Managers Mr. Hoffman has worked for, he would like to commend Mr. Hoffman for his dedicated service to the City. 8b. RESOLUTION NO. 2007 -95 EXPRESSING APPRECIATION FOR THE DONATION OF MEDTRONIC CORPORATION I T N SUPPORT OF THE EARLE BROWN DAYS FESTIVAL Mayor Willson read the Resolution in its entirety. Councilmember Lasman moved and Councilmember Yelich seconded to adopt RESOLUTION NO. 2007 -95 Expressing Appreciation for the Donation of Medtronic Corporation in Support of the Earle Brown Days Festival. Motion passed unanimously. 9. PUBLIC HEARING 9a. ORDINANCE NO. 2007-06 AMENDING CHAPTERS 3 AND 4 OF THE BROOKLYN CENTER CITY CHARTER; SECTIONS 3.11 AND 4.04 Councilmember Lasman moved and Councilmember O'Connor seconded to open the Public Hearing. Motion passed unanimously. 07/09/07 -3- No one wished to address the City Council Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to adopt ORDINANCE NO. 2007 -06 Amending Chapters 3 and 4 of the Brooklyn Center City Charter; Sections 3.11 and 4.04 along with modification to the title of Section 4.04 to read: FILE BY FEE OR BY PETITION. Motion passed unanimously. 10. PLANNING COMMISSION ITEMS 10a. PLANNING COMMISSION APPLICATION NO. 2007 -011 SUBMITTED BY CITY OF BROOKLYN CENTER EDA. REQUEST FOR PRELIMINARY PLAT APPROVAL TO DIVIDE THE PROPERTY AT 6300 EARLE BROWN DRIVE INTO TWO SEPARATE LOTS. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS JUNE 28, 2007, MEETING. Mr. Boganey introduced the item, discussed the history, and stated the purpose of Planning Commission Application No. 2007 -011. Councilmember Lasman moved and Councilmember Ryan seconded to approve Planning Commission Application No. 2007 -011 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. Appropriate cross access and cross parking agreements between Lots 1 and 2 of the proposed Brooklyn Farm 2 nd Addition shall be developed and filed with the titles to the property. 4. An appropriate driveway easement between the proposed Lot 1 and the Earle Brown Heritage Center property shall be verified or developed and filed with the title to the properties. 5. All drainage and utility easements recommended to be vacated by the City Engineer shall be vacated by ordinance amendment prior to final plat approval. 6. All easements required by the City Engineer for drainage and utility purposes shall be executed prior to final plat approval. 7. An appropriate off site parking agreement providing up to 45 parking spaces on the Earle Brown Heritage Center for the proposed Lot 1, Block 1, Brooklyn Farm 2 Addition shall be developed and filed with the titles to the property so that the site complies with the minimum parking requirements. There was discussion on the ownership of the lots and the parking configuration once the property is divided and what would happen if the Earle Brown Heritage Center were to be sold. There was discussion on dividing the resolution into two resolutions, one to divide the property and the second for the moving of the parking spaces. Planning and Zoning Specialist Ron Warren explained that the proposed resolution executes what the City Council has previously approved as 07/09/07 -4- part of the Planned Unit Development. He stated the Earle Brown Heritage Center has an excess of parking and meets its parking requirements for its facilities. Motion passed unanimously. 10b. PLANNING COMMISSION APPLICATION NO. 2007 -012 SUBMITTED BY GRIFFIN COMPANIES. REQUEST FOR SPECIAL USE PERMIT TO OPERATE AN AUTOMOTIVE REPAIR FACILITY IN A PORTION OF THE COMMERCIAL BUILDING LOCATED AT 5810 XERXES AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS JUNE 28, 2007, MEETING. Mr. Boganey introduced the item, discussed the history, and stated the purpose of Planning Commission Application No. 2007 -012. Councilmember Lasman moved and Councilmember Ryan seconded to approve Planning Commission Application No. 2007 -012 subject to the following conditions recommended by the Planning Commission: 1. The Special Use Permit is granted for an auto repair facility providing light and medium duty repair operations such as tune ups, oil changes, tire rotation, tire rod, axles, gaskets, mufflers and minor transmission and engine repairs. No other automotive service /repair work such as body work, painting or collision repair shall be performed on the site. Any change in the use of the operation not comprehended by this application or permitted under the zoning ordinance will require approval of an amendment to this Special Use Permit. 2. Building plans for tenant remodeling shall be reviewed and approved by the Building Official prior to the issuance of building permits and a Certificate of Occupancy for this operation. 3. There shall be no service, repair or maintenance of vehicles out of doors. All service and maintenance to vehicles shall be done inside the building with the overhead doors closed. 4. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 5. There shall be no outside display or storage of merchandise on this site other than that which is authorized under Administrative Land Use permits. 6. The Special Use Permit is subject to all applicable codes, ordinances, and regulations. Any violation thereof shall be g rounds for revocation. There was discussion on enforcement of the conditions. Mr. Boganey discussed the enforcement of the conditions and repercussions if they are not followed. Motion passed unanimously. 11. COUNCIL CONSIDERATION ITEMS 11a. RESOLUTION NO. 2007 -96 AUTHORIZING APPROVAL OF THE ISSUANCE OF A PREMISES PERMIT FOR AMERICAN POST T ND CAN LEG ON OS 630 O CONDUCT LAWFUL GAMBLING AT 6110 BROOKLYN BOULEVARD, BROOKLYN CENTER Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. 07/09/07 -5- Councilmember Lasman moved and Councilmember Yelich seconded to adopt RESOLUTION NO. 2007 -96 Authorizing Approval of the Issuance of a Premises Permit for American Legion Post 630 to Conduct Lawful Gambling at 6110 Brooklyn Boulevard, Brooklyn Center. Motion passed unanimously. 11b. SITE PERFORMANCE GUARANTEE RELEASE NORSE MANAGEMENT, INC. (BRISTOL VILLAGE TOWNHOMES LOCATED BETWEEN 67TH PLACE AND 68TH PLACE AT IRVING PLACE) Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Yelich seconded to authorize release of the remaining $10,000 cash performance guarantee. Motion passed unanimously. 11c. RESOLUTION NO. 2007 -97 AUTHORIZING PROPOSED USE OF AUTO THEFT PREVENTION GRANT Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Yelich seconded to adopt RESOLUTION NO. 2007 -97 Resolution Authorizing Proposed Use of Auto Theft Prevention Grant. There was discussion on the crime rate per capita in Hennepin County and the effectiveness of the program. Mr. Boganey discussed the success of the program in Brooklyn Center. It was the majority consensus of the City Council to direct staff to provide the City Council with the previous report on the Auto Theft Prevention Program. Councilmember O'Connor stated opposition to expending tax dollars in this manner. Councilmember O'Connor voted against the same. Motion passed. 11d. RESOLUTION NO. 2007 -98 AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC BUILDING CAPITAL IMPROVEMENT PLANNING Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Yelich seconded to adopt RESOLUTION NO. 2007 -98 Resolution Authorizing a Professional Services Agreement for Public Building Capital Improvement Planning. Motion passed unanimously. 07/09/07 -6- Ile. RESOLUTION NO. 2007-99 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. Councilmember Lasman moved and Councilmember Yelich seconded to adopt RESOLUTION NO. 2007 -99 Declaring a Public Nuisance and Ordering the Removal of Diseased Trees. Councilmember O'Connor voted against the same. Motion passed. llL RESOLUTION NO. 2007-100 APPROVING FINAL PLAT: BROOKLYN FARM 2ND ADDITION Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Yelich seconded to adopt RESOLUTION NO. 2007 -100 Approving Final Plat: BROOKLYN FARM 2ND ADDITION. Motion passed unanimously. 12. ADJOURNMENT Councilmember Yelich moved and Councilmember O'Connor seconded adjournment of the City Council meeting at 8:17 p.m. Motion passed unanimously. 07/09/07 -7- 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 July 9, 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 July 23, 2007, Regular Session. c l l City Clerk Mayor 07/09/07 -8-