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HomeMy WebLinkAbout2007 08-27 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 AUGUST 27, 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 Gary Eitel, 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 Ryan seconded to close the Informal Open Forum at 6:47 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Yelich requested a moment of reflection on important work and decisions to be made by the City Council. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:02 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 Gary Eitel, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. 08/27/07 -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 Northwest Hennepin Human Services Teen Pregnancy Awareness Committee meeting on August 24, 2007, who is working on surveys to gather information from the public. She discussed various classes offered through the Brookdale Library and encouraged residents to take advantage of the learning opportunities. Councilmember Yelich stated in the interest of time he had nothing to report. Councilmember O'Connor stated she had nothing to report. Mayor Willson commended those involved with the layout and production of the City Watch Newsletter. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Ryan seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 7a. APPROVAL OF MINUTES 1. August 13, 2007 Joint Meeting w/ Brooklyn Center School Board 2. August 13, 2007 Regular Session 3. August 13, 2007 Work Session 4. August 20, 2007 Budget Works Session w/ Financial Commission 7b. LICENSES AMUSEMENT DEVICE NAMCO CYBERTAINMENT INC 877 Supreme Drive, Bensenville, IL (Regal Cinemas, 6420 Camden Ave N) MECHANICAL Discount Appliance 1051 109 Ave NE, Blaine Sabre Heating A/C 3062 Ranchview Lane, Plymouth RENTAL 3612 55th Ave N Lutheran Social Service of MN 3313 63rd Ave N Yuan Paul Xiong 5118 66th Ave N Scott Hanson 1609 68th Ln Jeremy Ziegler 5415 69th (Maranatha Place) Center Park Senior Apts, Inc. 6700 Humboldt Ave (Sterling Sq.) John Roder 5324, 26 James Ave N Steven Debra Elhardt 5517 Knox Ave N Roger Harris 08/27/07 -2- 5712 Logan Ave N Dwayne Meier 6906 Toledo Ave N Edward Roe 2928 67th LN Benjamin Nicole Tramm 6234 Brooklyn Blvd Thomas Johnson 5725 Emerson Ave N Magdaline Opare -Addo 7236 Emerson Ave N Charley Vang 5801 Girard Ave N Yang Moua Diana Cha 7224 Major Ave N Charley Vang 4727 Wingard Ln Tenneh Johnson SIGNHANGER Arrow Designs International 13715 Aberdeen Str NE, Ham Lake Sign A Rama 353 Willow Bend, Crystal 7c. APPROVAL OF APPLICATIONS AND PERMITS FOR TEMPORARY ON- SALE LIQUOR LICENSES SUBMITTED BY ST. ALPHONSUS CHURCH, 7025 HALIFAX AVENUE NORTH, FOR EVENTS TO BE HELD OCTOBER 6-7,2007, FEBRUARY 9, 2008, MARCH 15, 2008, AND MAY 3, 2008 7d. SITE PERFORMANCE GUARANTEE REDUCTION BROOKLYN CENTER I, LLC (6901 BROOKLYN BLVD) 8. PRESENTATIONS PROCLAMATIONS /RECOGNITIONS/DONATIONS 8a. DISEASED TREE PRESENTATION DON MILLER WITH THE DEPARTMENT OF NATURAL RESOURCES FORESTRY PROGRAM Don Miller, Department of Natural Resources Forestry Program, stated based on a DNR survey of city streets and front yards, he has found 4,900 Elm trees of five inches or larger in Brooklyn Center. He stated based on that information, he would estimate that there are at least 5,000 Elm trees in other areas in the City, totaling approximately 10,000 Elm trees throughout the City. He explained that based on the street and front yard trees and the US Forestry's system of calculating environmental benefits, he comes up with a cost of maintaining the public and private trees at $150,000 per year. He stated the annual environmental benefits would consist of stormwater management, energy conservation, pollution reduction, increase in property values, and other social and environmental benefits totaling $500,000 per year. He stated the program is worthwhile and explained that the trees would be lost over five years if no action was taken or they could be lost over 30 years if action is taken as the diseased trees are identified. 8b. RESOLUTION NO. 2007 -111 EXPRESSING RECOGNITION AND APPRECIATION OF RONALD BOMAN FOR HIS 39 YEARS OF DEDICATED SERVICE TO THE CITY OF BROOKLYN CENTER Mayor Willson read the Resolution in its entirety. Councilmember Lasman moved and Councilmember Yelich seconded to adopt RESOLUTION NO. 2007 -111 Expressing Recognition and Appreciation of Ronald Boman for His 39 Years of Dedicated Service to the City of Brooklyn Center. 08/27/07 -3- City Manager Curt Boganey stated he is proud to recommend the acknowledgment of Ronald Boman. Motion passed unanimously. 9. PUBLIC HEARING None 10. PLANNING COMMISSION ITEMS 10a. PLANNING COMMISSION APPLICATION NO. 2007 -016 SUBMITTED BY ADAM MAIER. REQUEST FOR SPECIAL USE PERMIT APPROVAL TO OPERATE A CHILDCARE FACILITY IN THE COMMERCIAL BUILDING LOCATED AT 6415 BROOKLYN BOULEVARD. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS AUGUST 16, 2007, MEETING. Planning and Zoning Specialist Ron Warren introduced the item and discussed information presented in the Staff Report. Applicant Adam Maier stated the existing location will be closed and replaced by the proposed location. Owner Antonio Smith stated the age range of children being cared for is six weeks old to 12 years old. Councilmember Lasman moved and Councilmember Yelich seconded to approve Planning Commission Application No. 2007 -016 subject to the conditions recommended by the Planning Commission: 1. The Special Use Permit is granted for a group daycare facility or childcare facility subject to the granting of a license for this operation by the Minnesota Department of Human Services. The applicant shall show proof of this licensing and have a current copy of said licensing on file with the City. 2. The daycare facility as proposed by the applicant meets the Standards for Special Use Permits contained in Section 35 -220, Subdivision 2b of the Zoning Ordinance. Furthermore, the proposal is considered to be compatible with, complimentary to and of comparable intensity to uses allowed in the C -1 zoning district and that the proposal is planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon these facilities, the immediate neighborhood or the community. 3. The Special Use Permit is subject to all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 4. Any expansion or alteration of the proposed use beyond that contained in this submittal shall require an amendment to this Special Use Permit. 5. The play area shall be provided in a manner consistent with Section 35 -411, Subdivision 6 of the City's zoning ordinance and be continually maintained in this manner. 6. The required 6 ft. high opaque screening required along the south property line shall be repaired and maintained in a manner consistent with the requirements of the City ordinance. 7. Building plans for remodeling and occupancy of this building are subject to approval of the Building Official prior to the issuance of these permits. 08/27/07 -4- Motion passed unanimously 10b. PLANNING COMMISSION APPLICATION NO. 2007 -014 SUBMITTED BY HANSON THORPE PELLINEN OLSON, INC. REQUEST FOR PRELIMINARY PLAT APPROVAL TO COMBINE SIX EXISTING TRACTS OF LAND WITHIN BROOKDALE CENTER AND PROPOSED VACATED RIGHT OF WAY TO CREATE THREE NEW PARCELS OF LAND, ONE OF WHICH IS THE PROPOSED SITE FOR WAL -MART. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS AUGUST 16, 2007, MEETING. Mr. Warren introduced the item and discussed information presented in the Staff Report. There was discussion on the cost of the project to the City where Mr. Boganey indicated that this proposal does not include any direct public subsidy by the City of Brooklyn Center. City Attorney Charlie LeFevere discussed suggestions regarding parking and Condition No. 18 in the Planned Unit Development as follows: 18. No building permits will be issued until the applicant has provided proof, deemed sufficient by the City Attorney, demonstrating sufficient legal restrictions or covenants to assure that future development of the Brookdale Shopping Center properties will not result in a parking lot ratio of under 4.5 spaces per 1,000 square feet of gross leasable space. Councilmember Yelich moved and Councilmember O'Connor seconded to open the Public Hearing. Motion passed unanimously. Charles Howley, HTPO Engineering, discussed the loading facility and the large trucks that will be used to deliver merchandise to the store. He stated agreement to all screening stipulations and discussed why a two story building was not considered. He discussed the sidewalk, pedestrian crossings, and internal pedestrian paths to get to the mall or the Wal -Mart. Ryan Hogan, HTPO Engineering, explained that the majority of two story Wal -Mart buildings are in downtown areas and areas where space is not available. He explained that tracter trailers will not be kept onsite for long periods of time as they are dropped off and empty trailers are removed from the site. Dan Cetena, President of Brooks Mall Properties discussed the abundance of parking at the Brookdale Shopping Center and discussed the objection of Sears. He discussed the easement and explained the reasoning for the proposed. Michael Parks, Planning Commissioner discussed his concerns with the loading dock, increased traffic, closed entrance to the shopping center, and placement of the building on the site. L.J. Rotman, Attorney representing Sears, discussed the objection from Sears' perspective. He stated issues such as congestion in the mall, loss of signalization on Bass Lake Road, segregation of Sears from the Mall, and loss of parking. He stated Sears requests that the application be denied. Howard Rustard, Attorney representing Wal -Mart, explained Wal -Mart's view of the Sears' objection to the proposal and stated they have had ample time to respond to the possibility. 08/27/07 -5- Philip Cohen, 5501 Humboldt Ave N, stated support for the addition of Wal -Mart and stated the proposed store is an upscale Wal -Mart and stated it would be a benefit to the City. Mark Allen, 5427 Twin Lake Blvd, stated support for the proposal and stated the store will be a positive addition to the community. He stated this is an opportunity to improve the area and the City should recognize the opportunity. Councilmember Yelich moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to approve Planning Commission Application No. 2007 -014 subject to the conditions recommended by the Planning Commission as amended: 1. The final plat is subject review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The area indicated as County Road 10 right of way shall formally be vacated prior to final plat approval. 4. Building permits for the construction of the Wal -Mart Supercenter comprehended under Planning Commission Application No. 2007 -015 shall not be issued until the final plat has been approved by the City Council and filed with Hennepin County. 5. The applicant shall dedicate a trail and sidewalk easement not to exceed 30 feet through the proposed Lot 3 from the regional trail along Shingle Creek Parkway to the existing pedestrian bridge over T.H. 100 approved by the City Engineer as part of the Final Plat. 6. The Final Plat shall include the dedication of public drainage and utility easements in the manner and location approved by the City Engineer. 7. The applicant shall provide an updated and executed copy of cross access agreements with various property owners within Brookdale in a manner acceptable to the City Attorney prior to Final Plat approval. Councilmember Yelich stated preference that the application be tabled until all questions have been answered. Councilmember Yelich voted against the same. Motion passed. 10c. PLANNING COMMISSION APPLICATION NO. 2007 -015 SUBMITTED BY BROOKDALE CENTER. REQUEST FOR PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT TO ALLOW FOR THE CONSTRUCTION OF AN APPROXIMATE 184,600 SQ. FT. WAL -MART SUPERCENTER ALONG THE NORTH SIDE OF BROOKDALE SHOPPING CENTER. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS AUGUST 16, 2007, MEETING. 1. RESOLUTION NO. 2007 -112 REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2007 -015 SUBMITTED BY BROOKDALE CENTER. Mr. Warren introduced the item and discussed information presented in the Staff Report. 08/27/07 -6- Councilmember O'Connor moved and Councilmember Lasman seconded to add an additional Condition No. 18 as follows: 18. No building permits will be issued until the applicant has provided proof, deemed sufficient by the City Attorney, demonstrating sufficient legal restrictions or covenants to assure that future development of the Brookdale Shopping Center properties will not result in a parking lot ratio of under 4.5 spaces per 1,000 square feet of gross leasable space. Councilmember Yelich voted against the same. Motion passed. Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLTION NO. 2007 -112 Regarding Disposition of Planning Commission Application No. 2007 -015 Submitted by Brookdale Center. Motion passed unanimously. 11. COUNCIL CONSIDERATION ITEMS 11a. RESOLUTION NO. 2007 -113 AUTHORIZING APPROVAL OF THE ISSUANCE OF A PREMISES PERMIT FOR BROOKLYN PARK BABE RUTH LEAGUE, INC. TO CONDUCT LAWFUL GAMBLING AT BOULEVARD'S BAR GRILL, 2545 COUNTY ROAD 10, BROOKLYN CENTER Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. There was a discussion regarding the number of gambling licenses allowed in the City and restrictions on such. Ed Bock, Gambling Manager for Babe Ruth League, discussed the kids that participate in the Babe Ruth League. He stated there are approximately 180 Brooklyn Center kids who participate. Councilmember Lasman moved and Councilmember Yelich seconded to adopt RESOLTION NO. 2007 -113 Authorizing Approval of the Issuance of a Premises Permit for Brooklyn Park Babe Ruth League, Inc. to Conduct Lawful Gambling at Boulevard's Bar Grill, 2545 County Road 10, Brooklyn Center. Motion passed unanimously. I1b. AN ORDINANCE VACATING CERTAIN DRAINAGE AND UTILITY EASEMENTS WITHIN THE PLAT OF BROOKLYN FARM, HENNEPIN COUNTY, MINNESOTA Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed Ordinance amendment. There was discussion regarding the maintenance of the storm water pond. Councilmember Ryan moved and Councilmember Yelich seconded to approve first reading and set second reading and Public Hearing for September 24, 2007. 08/27/07 -7- Motion passed unanimously. llc. RESOLUTION NO. 2007 -114 ACCEPTING QUOTATION AND AWARDING A CONTRACT FOR KYLAWN PARK BUILDING DEMOLITION, IMPROVEMENT PROJECT NO. 2007-17 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Yelich moved and Councilmember O'Connor seconded to adopt RESOLTION NO. 2007 -114 Accepting Quotation and Awarding a Contract for Kylawn Park Building Demolition, Improvement Project No. 2007 -17. Motion passed unanimously. lld. RESOLUTION NO. 2007 -115 ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2007 -14, CONTRACT, 2007 -D, 2007 STREET SEAL COATING 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 RESOLTION NO. 2007 -115 Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 2007 -14, Contract, 2007 -D, 2007 Street Seal Coating. Motion passed unanimously. Ile. RESOLUTION NO. 2007-116 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 Ryan seconded to adopt RESOLTION NO. 2007 -116 Declaring Public Nuisance f Diseased Trees. and Ordering the Removal o g g Councilmember O'Connor voted against the same. Motion passed. llf. RESOLUTION NO. 2007 -117 ORDRING THE CORRECTION OF HAZARDOUS CONDITIONS AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 4501 WOODBINE LANE N 55429 BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS LOT 5, BLOCK 2, NORTHBROOK MANOR 2ND ADDITION, ACCORDING TO THE PLAT ON FILE WITH THE REGISTRAR OF TITLES, HENNEPIN COUNTY, MINNESOTA IN THE CITY OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. 08/27/07 -8- Councilmember Lasman moved and Council LTI N member Ryan seconded to adopt RESO O NO. 2007 -117 Ordering the Correction of Hazardous Conditions and Further for the Abatement of Public Nuisances, Safety and Health Hazards with Respect to that Real Estate Located at 4501 Woodbine Lane N 55429 Brooklyn Center, Minnesota 55430 Legally Described as Lot 5, Block 2, Northbrook Manor 2nd Addition, According to the Plat on File with the Registrar of Titles, Hennepin County, Minnesota in the City of Brooklyn Center, Hennepin County, Minnesota. Motion passed unanimously. 12. ADJOURNMENT Councilmember Yelich moved and Councilmember Ryan seconded adjournment of the City Council meeting at 10:06 p.m. Motion passed unanimously. 08/27/07 -9- 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 August 27, 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 September 10, 2007, Regular Session. R City lerk Mayor or Y 08/27/07 -10-