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HomeMy WebLinkAbout2006 07-10 CCM Regular Session i 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 10, 2006 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 and was called to order by Mayor Myrna Kragness at 6:45 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, and Mary O'Connor. Councilmember Diane Niesen was absent and excused. Also present were Interim City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Planning and Zoning Specialist Ron Warren, Public Works Director /City Engineer Todd Blomstrom, and Deputy City Clerk Camille Worley Mark Hostetler presented information on Brooklyn Center Community Festival and requested support from the City. He stated the purpose of the event is to bring together different cultures and promote a sense of community. Scott and Renae Provost, 7032 Willow Lane requested to reschedule their appearance regarding the limit on number of dogs until the July 24, 2006, City Council meeting. Councilmember Lasman moved and Councilmember Carmody seconded to close the Informal Open Forum at 6:52 p.m. Motion passed unanimously. 2. INVOCATION Rev. G. Allen Foster, Citadel of Hope, offered a prayer as the invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna Kragness at 7:00 p.m. i 07/10/06 1 4. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, and Mary O'Connor. Councilmember Diane Niesen was absent and excused. Also present were Interim City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, CARS Director Jim Glasoe, Planning and Zoning Specialist Ron Warren, Public Works Director /City Engineer Todd Blomstrom, and Deputy City Clerk Camille Worley 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember O'Connor stated she attended the Park and Recreation meeting where they toured three parks. She stated the mascot was chosen to be a dolphin named Dunkin. Councilmember Lasman stated she attended the League of Minnesota Cities Conference in St. Cloud on June 28`" where City Officials from throughout the State of Minnesota were in attendance. She discussed round table discussions in which she participated in along with workshops on eminent domain, land use, Government Information Systems, community centers, program funding changes, and legislative updates. She stated she attended workshops on immigration issues and holding successful meetings. Councilmember Carmody stated she also attended the League of Minnesota Cities Conference in St. Cloud on June 28 where she attended several sessions including holding successful meetings. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember O'Connor requested that the minutes be divided into separate items and pulled from the consent agenda. She explained that she must abstain from voting on the minutes from the last meeting. She stated she would like Councilmember Niesen's requested amendments included. Councilmember Carmody stated two corrections were agreed upon during the worksession and stated her opposition to separating the minutes from the consent agenda. Councilmember Carmody moved and Councilmember Lasman seconded to approve the consent agenda and agenda with some amendments to the June 5, 2006, Joint Work Session With Financial Commission minutes as submitted by Councilmember O'Connor. The following consent items were approved as amended: Councilmember O'Connor abstained from voting on the June 26, 2006, Study Session, June 26, 2006, Regular Session, and June 26, 2006, Work Session minutes, as she was not present at the meetings. 07/10/06 2 1. May 22, 2006 — Study Session 2. June 5, 2006 — Joint Work Session With Financial Commission 3. June 12, 2006 — Study Session 4. June 12, 2006 — Regular Session 5. June 26, 2006 — Study Session 6. June 26, 2006 — Regular Session 7. June 26, 2006 — Work Session 7b. LICENSES AMUSEMENT DEVICE Regal Cinemas 6420 Camden Avenue North GARBAGE HAULER Anamax Transportation Corporation 505 Hardman Avenue, South St. Paul Aspen Waste Systems, Inc. 2951 Weeks Avenue SE, Minneapolis Farmers Union Industries LLC dba Midwest Grease P. O. Box 26, Redwood Falls Randy's Sanitation, Inc. P. O. Box 169, Delano Waste Management — Blaine 10050 Naples Street NE, Blaine MECHANICAL Condor Fireplace and Stone 8282 Arthur St NE, Spring Lake Park Joel Smith Heating & A/C 4920 173rd Ave, Ham Lake Residential Heating & A/C 1815 East 41st Street, Minneapolis United Heating & A/C 1295 Hackamore Road, Medina RENTAL Renewal 824 69 Ave N Joseph Roche NONE 7018 Brooklyn Blvd Nelia Schaff 5 DISTURBING PEACE 3907 Burquest Lane Malcolm Vinger NONE 5412 & 12 % Fremont Ave N Gary Anakkala NONE 6749 Humboldt Ave N Suburban Properties 1 DISORDERLY CONDUCT (There were no calls for service for the following) 6757 Humboldt Ave N Suburban Properties 6761 Humboldt Ave N Suburban Properties 6773 Humboldt Ave N Suburban Properties 3900 Janet Lane Keith Carlson 07/10/06 3 Initial (There were no calls for service for the following) 3006 63` Ave N William Hill 2100 69 Ave N Barbara Romashko 5342 70 Circle Nick Mbuba 6724 Drew Ave N John Hodgkins 4507 Kathrene Drive Theophilus Nyumah SIGNHANGER Sign A Rama 1050 33rd Ave SE, Minneapolis 7c. RESOLUTION NO. 2006 -80 APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NOS. 2006 -01, 02, 03, AND 04, CONTRACT 2006 -A, CENTERBROOK AREA NEIGHBORHOOD STREET AND UTILITY IMPROVEMENTS 7d. RESOLUTION NO. 2006 -81 APPROVING AMENDMENT NO. 1 TO THE EASTBROOK ESTATES SUBDIVISION AGREEMENT A vote was taken. Aye: Mayor Kragness, Councilmembers Carmody and Lasman. Nay: Councilmember O'Connor. Motion passed. 8. PRESENTATION —Martha Sinoe, President of Organization of Liberians in Minnesota The presentation was not given for lack of appearance. 9. PLANNING COMMISSION ITEM 9a. PLANNING COMMISSION APPLICATION NO. 2006 -008 SUBMITTED BY TJB HOMES REQUESTING SITE AND BUILDING PLAN APPROVAL FOR AN 8,000 SQ. FT. ONE STORY OFFICE BUILDING AND A SPECIAL USE PERMIT TO ALLOW THE PLACEMENT OF FILL BELOW THE 100 YEAR FLOOD ELEVATION AT 1701 JAMES CIRCLE. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS JUNE 29, 2006, MEETING. Interim City Manager Curt Boganey explained that the application is for a site building approval and special use permit. He stated the Planning Commission recommended approval subject to the listed conditions. 07/10/06 4 Councilmember Lasman moved and Councilmember O'Connor seconded approval of Planning Commission Application No. 2006 -008 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 permits. 2. Grading, drainage, utility and erosion control plans 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 permits to assure the completion of site improvements. 4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscape areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 10. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center current Standard Specifications and Details. 11. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City Engineering Department. 12. The applicant shall obtain an NPDES permit from the Minnesota PCA prior to disturbing the site. 13. A special use permit is granted for the placement of fill in areas below the 100 year flood elevation based upon the acceptance of an appropriate flood mitigation plan providing acceptable compensatory storage as approved by the City Engineer. Said approval shall take into consideration appropriate comments from the Minnesota DNR and the Watershed Management Commission. 07/10/06 5 14. This special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. 15. The property owner shall enter into a utility maintenance agreement as approved by the City Engineer prior to the issuance of building permits. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2006 -81 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES Mr. Boganey explained that the resolution follows the policy established by the City regarding diseased tress. He stated similar requests will be made throughout the summer. Councilmember Carmody moved and Councilmember Lasman seconded adoption of Resolution No. 2006 -81 Declaring a Public Nuisance and Ordering the Removal of Diseased Trees. A vote was taken. Aye: Mayor Kragness, Councilmember Carmody and Councilmember Lasman. Nay: Mary O'Connor. Motion passed. Mayor Kragness inquired as to why Councilmember O'Connor voted against the item. Councilmember O'Connor responded the Elm disease has won and most of the Elm trees have died. She stated she would like to see any trees with leaves remain throughout the summer for purposes of shade. She stated the residents should be allowed time to remove the trees on their own. She stated the winter months would be a better time for tree removal. Councilmember Lasman asked that it be verified that the State of Minnesota requires removal of all diseased trees. 10b. RESOLUTION NO. 2006 -82 AUTHORIZING SOLICITATION OF BIDS FOR THE REPLACEMENT OF PUMP ENGINE NO.6 IN THE FIRE DEPARTMENT Mr. Bo ane explained that the request is for staff to send out a Request for Proposal for a new g Y p q q p Pump Engine. He stated funding is included in the Capital Improvement Plan. He stated the existing equipment is approximately 20 years old and due for replacement. He explained that there has been a spike in steel prices and the longer the City waits, the more the engine will cost. He stated once the proposals are received, the City Council will have a chance to review the item before the engine is purchased. 07/10/06 6 Councilmember Carmody moved and Councilmember Lasman seconded adoption of Resolution No. 2006 -82 Authorizing Solicitation of Bids for the Replacement of Pump Engine No. 6 in the Fire Department. Motion passed unanimously. 10c. AN ORDINANCE AMENDING ORDINANCE NO. 2004-13 REGARDING COUNCIL SALARIES FOR 2007 -2008 Mr. Boganey explained that the City Council is not authorized to increase its own salary, however are given the opportunity to set salaries for future City Councils. He stated the Financial Commission recommended a zero increase in 2007 and a 2% increase in 2008. Councilmember Lasman moved and Councilmember Carmody seconded Motion to approve the first reading of ordinance and set second reading and Public Hearing for August 14, 2006. Motion passed unanimously. 11. ADJOURNMENT Councilmember Carmody moved and Councilmember Lasman seconded adjournment of the City Council meeting at 7:20 p.m. M on passed u im --�� o -- usly. City Clerk Mayo 07/10/06 7