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Home My WebLink About2007 05-29 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 29, 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 Pro Tern Kay Lasman at 7:00 p.m. ROLL CALL Mayor Pro Tern Kay Lasman and Councilmembers Mary O'Connor and Dan Ryan. 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 Willson and Councilmember Mark Yelich were absent and excused. Mayor Pro Tern Kay Lasman opened the meeting for the purpose of Informal Open Forum. Tim Roche, 816 69 Ave N, discussed garbage collection at the Metro Transit bus stop and stated he has collected two bags of garbage at the stop and offered to maintain two garbage cans at the bus stop. He discussed the tall grass at Humboldt Square Condominiums and requested that they be required to maintain the property adequately. He discussed Humboldt Square and stated the property is in poor shape, including the landscaping. He stated concern with the murder in his neighborhood and stated he is embarrassed to be a resident of Brooklyn Center. Councilmember O'Connor stated Diane Sannes from the Riverwood Neighborhood is organizing an "Adopt a Bus Stop" program and suggested that Mr. Roche contact her. Councilmember O'Connor moved and Councilmember Ryan seconded to close the Informal Open Forum at 7:12 p.m. Motion passed unanimously. 2. INVOCATION Mayor Pro Tern Kay Lasman 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 Pro Tern Kay Lasman at 7:15 p.m. 05/29/07 -1- 4. ROLL CALL Mayor Pro Tern Kay Lasman and Councilmembers Mary O'Connor and Dan Ryan. 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 Willson and Councilmember Mark Yelich were absent and excused. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Ryan reported attending the Housing Commission meeting with the City Manager and Mayor Tim Willson where various items of concern were discussed. He stated the Housing Commission will be providing its expertise and feedback regarding proposals from Staff for Code Enforcement and improvement of Ordinances. Councilmember O'Connor reported attending the Cable Commission meeting, Park and Recreation Commission meeting, and the Earle Brown Days Board of Directors meeting. She stated Earle Brown Days is from June 21 to June 23 with the parade on Thursday evening and a Pancake Breakfast sponsored by the Lions Club at Applebee's on June 16. Councilmember Lasman stated she would defer her Council Report until the next City Council meeting. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan moved and Councilmember O'Connor seconded to approve the Agenda and Consent Agenda as amended, with the removal of Item No. 7c. from the Consent Agenda to Item No. l le. under Council Consideration, with amendments to the May 14, 2007 Regular Session minutes, and the following consent items were approved: 7a. APPROVAL OF MINUTES 1. May 14, 2007 Board of Appeal and Equalization 2. May 14, 2007 Study Session 3. May 14, 2007 Regular Session 4. May 14, 2007 Work Session 5. May 21, 2007 Work Session 1- 694 /HWY 100 Redevelopment 7b. LICENSES AMUSEMENT DEVICES Torrence Enterprises Inc.(Brookdale) 2067 West San Bruno, Fresno, CA Metro Coin of N, Inc. (Community Center) 149040 —B 28 Ave, Plymouth, MN 05/29/07 -2- MECHANICAL B D Plumbing 4145 McKenzie Court, St. Michael Anderson Heating and Air 4347 Central Ave NE, Columbia Heights Planergy Construction LLC 710 Commerce Dr, Woodbury RENTAL Renewal (There were no calls for service for the following) 6018 Admiral PI (Single Family) Lutheran Social Service of MN 5301 Dupont Ave N (1 Bldg, 1 Unit) Spencer Ung 5224 65th Ave N (Single Family) Nick Morris 3101 67th Ave N (Single Family) Xong Lee 5609 Bryant Ave N (Single Family) Randy Archer 4210 Lakebreeze Ave N (1 Bldg, 4 Units) James Bobbie Simons 7137 Grimes Ave N (Single Family) Shawn Banks Initial (There were no calls for service for the following) 1336 68th Ln N (Single Family) Soye Chalte TEMPORARY ON -SALE 3.2 PERCENT MALT LIOUOR St. Alphonsus Catholic Church (June 23, 2007) 7000 Halifax Ave N Motion passed unanimously. 8. PRESENTATIONS/PROCLAMATIONS There were no Presentations /Proclamations scheduled for this meeting. 9. PUBLIC HEARING 9a. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (NORTHWEST OF T.H. 252 AND 66TH AVENUE NORTH) City Manager Curt Boganey stated the item was first read on April 23, 2007; published in the official newspaper on May 3, 2007; and is offered this evening for second reading and Public Hearing. He explained that because the final plat has not been filed with the County, a motion to table adoption of the Ordinance until the filing is complete is requested. Councilmember Ryan moved and Councilmember O'Connor seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the City Council. Councilmember O'Connor moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. 05/29/07 -3- Councilmember O'Connor moved and Councilmember Ryan seconded to table adoption of the Ordinance until the plat is filed with Hennepin County. Motion passed unanimously. 10. PLANNING COMMISSION ITEMS 10a. PLANNING COMMISSION APPLICATION NO. 2007 -010 SUBMITTED BY GREG A. NELSON. REQUEST FOR A SPECIAL USE PERMIT AMENDMENT TO EXPAND THE MINNESOTA MARTIAL ARTS ACADEMY LOCATED AT 6840 SHINGLE CREEK PARKWAY. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 17, 2007, MEETING. Planning and Zoning Specialist Ron Warren discussed the information presented in the staff report. Councilmember Ryan moved and Councilmember O'Connor seconded to approve Planning Commission Application No. 2007 -010 subject to the following conditions recommended by the Planning Commission: 1. The amended Special Use Permit is issued to Greg A. Nelson on behalf of Minnesota Martial Arts Academy, Inc. as an instructional use in martial arts, a strength and conditioning operation for training and athletic performance and chiropractic services specializing in health, education, injury prevention, personal and public safety. No other use, not comprehended by this application shall be permitted. Any further expansion or major alteration to the use shall be subject to an amendment to this Special Use Permit. 2. The Special Use Permit is subject to all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 3. Tenant improvement plans are subject to review and approval by the Building Official with respect to applicable codes through the building permit process. 4. Special Use Permit approval is exclusive of all signery which is subject to the provisions of Chapter 34 of the city ordinances and the city's sign policy with respect to 69`" Avenue North. Motion passed unanimously. 11. COUNCIL CONSIDERATION ITEMS 11a. LICENSING HEARING FOR BROOKDALE FORD MOTOR VEHICLE DEALER LICENSE Mr. Boganey stated the applicant requested that the item be tabled until the June 25, 2007, City Council meeting. Councilmember O'Connor moved and Councilmember Ryan seconded to table License Hearing for Brookdale Ford Motor Vehicle Dealer License until the June 25, 2007, City Council meeting. Motion passed unanimously. 05/29/07 -4- llb. RESOLUTION NO. 2007-80 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 Ryan moved and Mayor Pro Tern Lasman seconded to adopt RESOLUTION NO. 2007 -80 Declaring a Public Nuisance and Ordering the Removal of Diseased Trees. Councilmember O'Connor voted against the same. Motion passed. llc. RESOLUTION NO. 2007 -81 RESCINDING RESOLUTION NO. 2007 -75 AND ADOPTING CORRECTED RESOLUTION RESCINDING ASSESSMENT OF UNPAID UTILITIES TO 5903 EMERSON AVENUE NORTH Mr. Boganey introduced the item and explained that the $30.00 filing fee was not included in the total amount reflected in Resolution No. 2007 -75. Councilmember O'Connor moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2007 -81 Rescinding Resolution No. 2007 -75 and Adopting Corrected Resolution Rescinding Assessment of Unpaid Utilities to 5903 Emerson Avenue North. Motion passed unanimously. lld. AN ORDINANCE VACATING A PORTION OF STREET RIGHT -OF -WAY: 5TH STREET NORTH LOCATED SOUTH OF 67 AVENUE NORTH Mr. Boganey introduced the item and stated the purpose of the proposed ordinance. Councilmember O'Connor moved and Councilmember Ryan seconded to approve first reading of ordinance and set date and time for second reading and Public Hearing for June 25, 2007. Motion passed unanimously. lle. (Formerly Consent Agenda Item No. 7c) RESOLUTION NO. 2007 -82 APPROVING CHANGE ORDER NO. 2, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2006 -11, CONTRACT 2006 -E, CENTRAL /SALT STORAGE BUILDING Councilmember O'Connor stated she will vote against approval of the item due to the cost of the facility. Public Works Director /City Engineer Todd Blomstrom provided a brief summary of the Central /Salt Storage Building project. He discussed the use of the old salt storage facility and removal of park buildings. He discussed changes in storm water regulations regarding the use of salt. Councilmember Ryan moved and Mayor Pro Tem Lasman seconded to adopt RESOLUTION NO. 2007 -82 Approving Change Order No. 2, Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 2006 -11, Contract 2006 -E, Central /Salt Storage Building. Councilmember O'Connor voted against the same. Motion passed. 05/29/07 -5- 12. ADJOURNMENT Councilmember O'Connor moved and Councilmember Ryan seconded adjournment of the City Council meeting at 7:41 p.m. Motion passed unanimously. 05/29/07 -6- 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 29, 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 11, 2007, Regular Session. 1 a. O�ipw� City Clerk Mayor 05/29/07 -7- I