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Home My WebLink About2006 08-28 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 28, 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 6:47 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were Interim 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 Kragness opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Carmody moved and Councilmember Lasman seconded to close the Informal Open Forum at 6:47 p.m. Motion passed unanimously. 2. INVOCATION Mayor Kragness offered a moment of silence 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. 4. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were Interim 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. 08/28/06 1 S. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Niesen stated she had nothing to report. Councilmember Carmody discussed an article in the August 23, 2006, Home section of the Star Tribune showcasing a home located in Brooklyn Center where the owners constructed all the furniture and improvements to the home themselves. Councilmember Lasman stated she attended the City Council Budget Work Session with the Financial Commission. She stated the City Council and the Financial Commission are working hard to form a good fiscal budget for 2007. Councilmember O'Connor stated she had nothing to report. Mayor Kragness had nothing to report. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Carmody seconded to approve the consent agenda and agenda with amendments to the August 14, 2006, Study Session, August 14, 2006, Regular Session, August 14, 2006, Work Session, and August 21, 2006, Budget Work Session w/ Financial Commission minutes as discussed at the Study Session. The following consent items were approved as amended: 7a. APPROVAL OF MINUTES 1. August 14, 2006 — Study Session 2. August 14, 2006 — Regular Session 3. August 14, 2006 — Work Session 4. August 21, 2006 — Budget Work Session w/ Financial Commission 7b. LICENSES MECHANICAL Heating & Cooling Design Inc. 10830 Able St NE, Blaine Total Air Supply 541 N Wheeler St, St. Paul RENTAL Renewal (There were no calls for service for the following) 5233 Drew Ave N (Single Family) James & Joan Bagwell 5906 Dupont Ave N (Single Family) Bruce Goldberg 6744 France Ave N (Two Family- 1 Unit) Donald Renelt 5408 A & B Girard Ave (Two Family) Gardner Properties 08/28/06 2 5505 Lyndale Ave N (Single Family) Brett Hildreth 5519 & 5523 Lyndale Ave (Two Family) Brett Hildreth 5900 Pearson Drive (Single Family) Mary Tjosvold 5316 -20 Russell Ave N (Two Family) Daniel Hedlund 7029 Willow Lane (Single Family) Wayne LaFore Initial (There were no calls for service for the following) 2401 -03 54th Ave N (Two Family) Angela Rekucki 1320 68th Lane N (Single Family) Rachel Omao 5239 -41 Drew Ave N (Two Family) Aleane Washington 6801 Emerson Ave N (Single Family) Maude Hancock 6807 Humboldt Ave N 4201 (Single Family Condo) Gary Pull 1 ASSAULT and 2 CRIMES AGAINST FAMILY (There were no calls for service for the following) 5728 Logan Ave N (Single Family) Ayi Kokodoko 3318 Mumford Road (Single Family) Dimeji Alamutu 6413 Perry Ave N (Single Family) Monemany Daohenang 5319 Queen Ave N (Two Family —1 Unit) Karen Pelak Motion assed unanimously. p 8. COUNCIL CONSIDERATION ITEMS 8a. RESOLUTION NO. 2006-97 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES Interim City Manager Curt Boganey stated it is the recommendation of City staff that the City Council approve the Declaration of Public Nuisance so that the diseased trees can be removed. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006 -97 Declaring a Public Nuisance and Ordering the Removal of Diseased Trees. Councilmember O'Connor voted against the same. Motion passed. 08/28/06 3 i 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO: 2006 -009 SUBMITTED BY THE LUTHER COMPANY LIMITED PARTNERSHIP. REQUEST FOR REZONING FROM C -2 (COMMERCE) AND R -3 (MULTIPLE FAMILY RESIDENCE) TO PUD /C -2 (PLANNED UNIT DEVELOPMENT /COMMERCE) OF FOUR CONTIGUOUS LOTS LOCATED EASTERLY OF BROOKLYN BOULEVARD BETWEEN I -94 AND 69 AVENUE NORTH AND DEVELOPMENT PLAN APPROVAL THROUGH THE PUD PROCESS FOR A TWO PHASE REDEVELOPMENT AND EXPANSION OF THE BROOKDALE DODGE AUTOMOBILE DEALERSHIP AND THE FORMER RYAN OLDS PROPERTY. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS AUGUST 17, 2006, MEETING. 1. RESOLUTION NO. 2006 -98 REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2006-02 SUBMITTED BY THE LUTHER COMPANY LIMITED PARTNERSHIP 2. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (EASTERLY OF BROOKLYN BOULEVARD BETWEEN I -94 AND 69TH AVENUE NORTH) 9b. PLANNING COMMISSION APPLICATION NO. 2006-010 SUBMITTED BY THE LUTHER COMPANY LIMITED PARTNERSHIP. REQUEST FOR PRELIMINARY PLAT APPROVAL TO DIVIDE AND COMBINE TO RECONFIGURE THREE EXISTING LOTS ADDRESSED AS 6700 BROOKLYN BOULEVARD AND 6800 BROOKLYN BOULEVARD AND 4101 69 AVENUE NORTH. THIS APPLICATION IS A COMPANION APPLICATION TO 2006- 009. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS AUGUST 17, 2006, MEETING. I Planning d Zoning Specialist Ron a f the roe and discussed the g g Spec Warren displayed map o property riy background information presented in the Memorandum dated August 21, 2006, with subject of: City Council Consideration Item — Planning Commission Application No. 2006 -009. In response to Mayor Kragness' inquiry, Mr. Warren discussed screening and fencing. Councilmember Lasman inquired about the elevation of the property. Mr. Warren stated there will not be a need for a retaining wall and the grading will match that of the adjoining property. Councilmember Lasman inquired about the loudspeaker system at the dealership. Mr. Warren stated it was a recommendation of the Planning Commission that the dealership address the nuisance of the loudspeaker system. Councilmember O' etside f the property. Mr. Connor inquired about a sidewalk along the stre o Warren explained that a sidewalk will be present, even if an easement is required. 08/28/06 4 Councilmember O'Connor asked if the corner of the property, owned by Hennepin County, was found to be contaminated with chemicals from the previous dry cleaner site. She also asked if Hennepin County would be responsible for the cleanup of that contamination, since they are the owner of the property. Mr. Warren stated he is unsure of the pollution findings and the delegation of responsibility; however he discussed the drainage and prevention of future pollution. Councilmember Niesen stated the need for more greenspace and asked if the City Council has the authority to require more greenspace. Mr. Warren stated the City Council has established precedence similar to the proposal with other similar properties, however it has the authority to deny the application due to the lack of greenspace. City Attorney Charlie LeFevere explained the Planned Unit Development declaration. The City Council discussed security fencing. Councilmember Niesen proposed alternatives to fencing to provide a more appealing look to the site. Councilmember Lasman moved and Councilmember O'Connor seconded approval of Planning Commission Application No. 2006 -010 Submitted by the Luther Company Limited Partnership subject to the following conditions recommended by the Planning Commission: 1. The final plan 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. Approval of this preliminary plat is contingent upon approval of Planning Commission Application No. 2006 -009. 4. Appropriate cross access and cross parking agreements between Lot 1, Block 1, Chrysler Realty Addition and the proposed Lot 1, Block 1, Bri Mar 2 nd Addition, as approved by the City Attorney, shall be developed and filed with the titles to the property. 5. The applicant shall provide the City with an executed copy of a shared access easement between the proposed Lots 1 and 2, Bri Mar 2 nd Addition prior to final plat approval. 6. The applicant shall execute all easements required by the City Engineer for drainage and utility purposes prior to final plat approval. 7. The applicant shall provide written certification from a licensed land surveyor that the existing sidewalk along Brooklyn Boulevard does not encroach into the boundaries of the proposed Lots 1 and 2, or provide the appropriate sidewalk easement dedication along with the final plat. 8. Building permits for construction of any of the building additions comprehended under Planning Commission Application No. 2006 -009 shall not be issued until the final plat has been approved by the City Council and filed with Hennepin County. 08/28/06 5 Motion passed unanimously. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006 -98 Regarding Disposition of Planning Commission Application No. 2006 -009 Submitted by the Luther Company Limited Partnership. Motion passed unanimously. Councilmember Lasman moved and Councilmember Carmody seconded to approve first reading and set second reading and Public Hearing on September 25, 2006, for an Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Easterly of Brooklyn Boulevard Between 1 -94 and 69`" Avenue North). Motion passed unanimously. 10. ADJOURNMENT Councilmember Carmody moved and Councilmember Lasman seconded adjournment of the City Council meeting at 8:05 p.m. Motio passed unanimously. City Clerk Mayor 08/28/06 6