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Home My WebLink About2007 03-26 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 MARCH 26, 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 Willson opened the meeting for the purpose of Informal Open Forum. Mr. and Mrs. Heitke, 5418 Erving Avenue, inquired about rules regarding portable basketball hoops and stated concern for basketball hoops that are being placed near the curbs where loud noise, lights, and guns have been seen. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:50 p.m. Motion passed unanimously. 2. INVOCATION Mayor Willson 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 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. 03/26/07 _1_ 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Ryan reported attending the National League of Cities 2007 Congressional City Conference March 10 -14 in Washington, D.C. He reported that the conference provided educational and networking opportunities along with established contact with elected counterparts at the national level. He reported attending the Housing Commission meeting on March 20. Councilmember Lasman reported attending the Minnesota Department of Human Rights Regional meeting on March 20, which was very informative. She reported attending the National Night Out and Crime Prevention meetings on March 21, where the awards ceremony and the Crime Prevention Program sponsored Golf Tournament was discussed. She also reported attending the Prayer Breakfast Committee meeting on March 20, and stated the Prayer Breakfast will be held on May 12, 2007, at the Earle Brown Heritage Center. Councilmember Yelich stated he had nothing to report. Councilmember O'Connor reported attending the Earle Brown Days Festival Committee meeting and stated the festival will be June 21 -23. She discussed the meeting and stated parade applications are due by May 1. Mayor Willson reported attending a Dangerous Dog Hearing on March 14. He also reported attending the Riverwood Captains Watch meting on March 14. He reported attending two fourth grade reading sessions at Evergreen Elementary on March 23. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Ryan seconded to approve the Agenda and Consent Agenda as amended, with the removal of Item No. 7c. from the Consent Agenda to Council Consideration Item No. 11 d and the following consent items were approved: 7a. APPROVAL OF MINUTES 1. March 12, 2007 — Study Session 2. March 12, 2007 — Regular Session 3. March 12, 2007 — Work Session 7b. LICENSES SIGNHANGER Amtech Lighting Services 6077 Lake Elmo Ave, Stillwater Electro Neon & Design 1680 99 Lane NE, Blaine Franz Reprographics 2781 Freeway Blvd, Brooklyn Center Leroy Signs 6325 Welcome Ave N, Brooklyn Park 03/26/07 -2- MECHANICAL CO Carlson Air Cond Co 34492 d Street N, Minneapolis Dave's Heating & Air 1601 37 Ave NE, Columbia Heights Harris Companies 909 Montreal Circle, St. Paul LBP Mechanical 315 Royalston Ave N, Minneapolis Quality Refrigeration 6237 Penn Ave So, #100, Richfield RENTAL Renewal 130072 nd Ave N Marinela & Scott Selseth 7c. (FORMERLY CONSENT AGENDA ITEM NO. 7D.) RESOLUTION NO. 2007 -47 SETTING COURTESY BENCH INSPECTION AND PERMIT FEES AND ESTABLISHING CORRIDORS PROHIBITING COURTESY BENCHES FOR 2007 -2008 Motion passed unanimously. 8. PRESENTATIONS There were no presentations. 9. PUBLIC HEARING 9a. AN ORDINANCE VACATING AN EASEMENT WITHIN PORTIONS OF LOT 4 AND LOT 5, BLOCK 5, LAKEBREEZE ADDITION, 4821 TWIN LAKE AVENUE NORTH City Manager Curt Boganey introduced the item and stated the purpose of the proposed Ordinance. He stated the Ordinance should be tabled until the April 9, 2007, City Council meeting when the proposed new easement will be available. Councilmember Lasman moved and Councilmember O'Connor seconded to open the Public Hearing. Motion passed unanimously. No one wished to address the City Council. Councilmember Lasman moved and Councilmember O'Connor seconded to close the Public Hearing Motion passed unanimously. Councilmember O'Connor moved and Councilmember Yelich seconded to table the Ordinance Vacating an Easement Within Portions of Lot 4 and Lot 5, Block 5, Lakebreeze Addition, 4821 Twin Lake Avenue North until April 9, 2007. Motion passed unanimously. 03/26/07 -3- 9b. CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2007 -05 AND 06, RIVERWOOD AREA NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS FOR 7124 RIVERDALE RD, 7118 RIVERDALE RD, 7200 RIVERDALE RD, 7206 RIVERDALE RD AND 6842 WEST RIVER RD TO THE HENNEPIN COUNTY TAX ROLLS 1. RESOLUTION NO. 2007 -48 AMENDING LEVY NOS. 16816 AND 16817 AND CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2007 -05 & 06, RIVERWOOD AREA NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS Mr. Boganey introduced the item and stated the purpose of the proposed resolution. Public Works Director /City Engineer Todd Blomstrom presented a PowerPoint presentation summarizing the following: Background, City Council Code of Policies, 6842 West River Road, 7118 Riverdale Road, 7124 Riverdale Road, 7200 Riverdale Road, 7206 Riverdale Road, and Recommended Council Action. Councilmember Lasman moved and Councilmember O'Connor seconded to open the Public Hearing. Motion passed unanimously. Eric Hjelmberg, 7124 Riverdale Road, stated he is satisfied with the proposal; however he does not intend on subdividing the property. He stated objection to the indicated second access to his property because there is no existing street included in the street project. City Attorney Charlie LeFevere explained that typically the developer of the property would be responsible for the costs associated with the street construction, if a street was to be constructed for a second access to the property. There was further discussion on the proposed assessment to 7124 Riverdale Road. Councilmember Lasman moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember O'Connor moved to reduce the assessment of 7124 Riverdale Road by $3,200, reflecting only street assessment charges for one unit. Motion failed for lack of second. Councilmember Lasman moved and Councilmember Yelich seconded to adopt RESOLUTION NO. 2007 -48 Amending Levy Nos. 16816 and 16817 and Certifying Special Assessments for Improvement Project Nos. 2007 -05 & 06, Riverwood Area Neighborhood Street and Storm Drainage Improvements to the Hennepin County Tax Rolls. Councilmember O'Connor voted against the same. Motion passed. 03/26/07 -4- 10. PLANNING COMMISSION ITEMS 10a. PLANNING COMMISSION APPLICATION NO. 2007 -002 SUBMITTED BY BRETT HILDRETH. REQUEST FOR PRELIMINARY PLAT APPROVAL TO SUBDIVIDE THE PROPERTY AT 5421 LYNDALE AVENUE NORTH AND ALSO COMBINE SURPLUS HIGHWAY RIGHT -OF -WAY TO CREATE THREE NEW SINGLE FAMILY RESIDENTIAL LOTS. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MARCH 15, 2007, MEETING. Planning and Zoning Specialist Ron Warren introduced the item and explained that along with approval of Planning Commission Application Nos. 2007 -002 and 2007 -003, several conditions were recommended by the Planning Commission. Councilmember Lasman moved and Councilmember Yelich seconded approval of Planning Commission Application No. 2007 -002 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. Approval of this application is contingent upon approval of the lot width variance request under Planning Commission Application No. 2007 -003. 4. Prior to final plat approval, all encroachments into or over proposed lot lines shall be removed and verified. The driveway encroachment over Lot 3 can continue provided an appropriate cross access easement as approved by the City Attorney, is filed with the titles to the properties at Hennepin County along with the final plat. 5. No building permits shall be issued for new dwellings until the plat has been given final approval by the City Council and filed with Hennepin County. Motion passed unanimously. 10b. PLANNING COMMISSION APPLICATION NO. 2007 -003 SUBMITTED BY BRETT HILDRETH. REQUEST FOR A VARIANCE TO CREATE A SINGLE FAMILY RESIDENTIAL LOT IN THE R -2 ZONING DISTRICT THAT IS LESS THAN 60 FT. IN WIDTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MARCH 15, 2007, MEETING Councilmember O'Connor moved and Councilmember Yelich seconded approval of Planning Commission Application No. 2007 -003 subject to the following conditions recommended by the Planning Commission: 1. The standards for a variance contained in the Zoning and Subdivision Ordinances are met. 2. The precedent of providing two of the three lot requirements (depth and area) is met in this case. 3. No setback deficiencies will result from the proposed subdivision. 4. The proposal is considered reasonable and creates no unorthodox arrangements. 5. The proposal is not considered detrimental to the public welfare or surrounding properties. 6. To not grant the variance would be considered depriving the applicant of the reasonable use of his land. 03/26/07 -5- Motion passed unanimously. 10c. PLANNING COMMISSION APPLICATION NO. 2007 -004 SUBMITTED BY MEER, LLC. REQUEST FOR A SPECIAL USE PERMIT AND SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT AN ADDITIONAL SCHOOL BUS GARAGE BUILDING AT 4435 68 AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MARCH 15, 2007, MEETING. Planning and Zoning Specialist Ron Warren introduced Planning Commission Application No. 2007 -004 submitted by MEER, LLC requesting a Special Use Permit and Site and Building Plan approval to construct an additional school bus garage building at 4435 68 Avenue North. He indicated that the Planning Commission recommended approval of Planning Commission Application No. 2007 -003 subject to 17 conditions. There was a discussion on the application where traffic and storm water management was discussed. Councilmember Lasman moved and Councilmember Ryan seconded approval of Planning Commission Application No. 2007 -004 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 all site improvements. 4. Any outside trash disposal facilities and roof top 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 landscaped 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 to the City Engineering Department prior to the release of the performance guarantee. 10. All work performed and materials used for construction of the utilities shall conform to the City of Brooklyn Center current standard specifications and details. 11. The plan shall be modified to provide: a. concrete parking delineators /protectors along parking rows in the north parking area. b. Verification of existing landscaping on the landscape plan to provide a minimum of 425 landscape points per the Landscape Point System utilized by the Planning Commission for evaluating landscape plans. 03/26/07 -6- 12. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City Engineering Department. 13. The applicant shall obtain and NPDES permit from the Minnesota PCA prior to disturbing the site. 14. The Special Use Permit is granted for the expansion of a school bus garage facility pursuant to the City Zoning Ordinance and per the plans that have been approved. 15. The Special Use Permit is subject to all applicable codes, ordinances and regulations. Any violation thereof could be grounds for revocation. 16. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of building permits. 17. A proof of parking agreement acknowledges the need to install up to 306 parking spaces on site shall be executed and filed with the title to the property prior to the issuance of permits. Motion passed unanimously. 11. COUNCIL CONSIDERATION ITEMS Ila. RESOLUTION CONGRATULATING THE NORTH METRO STARS ON THEIR PARTICIPATION IN THE MINNESOTA STATE HIGH SCHOOL LEAGUE STATE CLASS AA HOCKEY TOURNAMENT Councilmember Lasman moved and Councilmember Yelich seconded to table the Resolution Congratulating the North Metro Stars on Their Participation in the Minnesota State High School League State Class AA Hockey Tournament until they are notified for attendance at the City Council meeting to accept the resolution. Motion passed unanimously. llb. PROCLAMATION DECLARING MARCH 2007 TO BE MINNESOTA FOODSHARE MONTH Mayor Willson read the Proclamation in its entirety. Councilmember Lasman moved and Councilmember Ryan seconded to adopt a Proclamation Declaring March 2007 to be Minnesota FoodShare Month. Motion passed unanimously. llc. SET DATE AND TIME OF JOINT MEETING WITH BROOKLYN PARK CITY COUNCIL FOR MONDAY, APRIL 30, 2007, AT 6:00 P.M. Councilmember Lasman moved and Councilmember Ryan seconded to set date and time of joint meeting with Brooklyn Park City Council for Monday, April 30, 2007, at 6:00 p.m. in Council /Commission Conference Room, Brooklyn Center City Hall. Motion passed unanimously. 03/26/07 -7- lld. (FORMERLY CONSENT AGENDA ITEM NO. 7C.) RESOLUTION NO. 2007 -49 APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 86 AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR 2007 There was discussion on the proposed resolution where the number of Sergeants and Lieutenants and distribution of funds per month were discussed. Councilmember Lasman moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2007 -49 Approving the Contract for Law Enforcement Labor Services (LELS) Local 86 and the City of Brooklyn Center for the Calendar Year 2007. Motion passed unanimously. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember O'Connor seconded adjournment of the City Council meeting at 8:30 p.m. Motion passed unanimously. 03/26/07 -8- 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 March 26, 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 April 9, 2007, Regular Session. City Clerk Mayor I 3/26/2007 -9-