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Home My WebLink About2006 01-23 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 JANUARY 23, 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 Pro Tem Kathleen Carmody at 6:45 p.m. ROLL CALL Mayor Pro Tem Kathleen Carmody and Councilmembers Diane Niesen and Mary O'Connor. Mayor Myrna Kragness and Councilmember Kay Lasman were absent and excused. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Public Works Director /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Yungerberg. Mayor Pro Tem Carmody opened the meeting for the purpose of Informal Open Forum. Joel Wilson, 5649 Fremont Avenue N, explained that after the reconstruction of his home, it was discovered that the eaves were 16 inches, exceeding the 12 inch standard. He explained that it is a growing trend to have 16 to 18 inch eaves; therefore he feels the Ordinance addressing this issue should be updated. He stated he was unaware of the issue until it was too late and explained that when the delivery permit of the modular home was issued, the Community Development Department informed the modular home company that a Certificate of Occupancy would not be issued, due to the four inch encroachment of the setback. He explained that the foundation was poured prior to the manufacturer's submittal of accurate plans. He stated the eaves could be reduced however, cost is an issue. Mayor Pro Tem Carmody stated the situation would be researched and someone would respond to Mr. Wilson by the end of the week. She also requested that a summation and any action taken be included in the City Manager's Update. Councilmember Niesen moved and Councilmember O'Connor seconded to close the Informal Open Forum at 6:55 p.m. Motion passed unanimously. 2. INVOCATION There was no invocation offered. 01/23/06 - 1 - 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Pro Tem Kathleen Carmody at 7:00 p.m. 4. ROLL CALL Mayor Pro Tem Kathleen Carmody and Councilmembers Diane Niesen and Mary O'Connor. Mayor Myrna Kragness and Councilmember Kay Lasman were absent and excused. Also present were City Manager Michael McCauley, Assistant City Manager /Director of Operations Curt Boganey, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Yungerberg. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Niesen stated she wrote a four page report on the National League of Cities Conference that she attended in North Carolina. She summarized the report for the City Council includin g helpful ful tools and ideas she learned in the seminars. She discussed the need for volunteer opportunities for those people who wish to contribute to the community. She discussed collecting the top ten reasons people live in Brooklyn Center and collaborating those reasons on a book mark to be available in the library. She stated she attended a class on Capital Budgeting and Financing where she learned about available financing vehicles. She discussed what she learned regarding TIF and stated she will be paying closer attention to how TIF money is being used. She stated she also learned important information about working with the media. Councilmember O'Connor attended the Park and Recreation Commission meeting where the scheduled 2006 park improvements were discussed. Those improvements are: ball field lights, an aggressive skate park, and a park storage facility costing $450,000. She stated the golf course and its profitability were also discussed. Mayor Pro Tem Carmody stated on January 11, 2006, she attended a House sub committee meeting on eminent domain in Blaine. She stated on January 12, 2006, she attended a meeting at Edinburgh along with Mayor Kragness and Michael McCauley who spoke about changes over the last year, the State of the Cities address for the North Hennepin Chamber of Commerce, and eminent domain. She stated Maple Grove, Osseo, and Brooklyn Park also spoke about the changes they are experiencing. She stated on January 12, 2006, she also attended the Shingle Creek Watershed meeting to discuss the Capital Improvement Plan. She stated on January 17, 2006, she attended the Housing Commission meeting and discussed the list made of topics of concern. She stated on January 21, 2006, she attended a meeting with Representative Hilstrom to educate Brooklyn Center's School District on the various options regarding the bond issue. 01/23/06 -2- 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Niesen moved and Councilmember O'Connor seconded to approve the consent agenda and agenda as amended, with the removal of Item No. 7a. Approval of the Minutes of January 9, 2006 — Regular Session from the Consent Agenda and amendments to the January 9, 2006 — Work Session minutes as discussed in the Study Session and the following consent items were approved: 7a. APPROVAL OF MINUTES 1. January 9, 2006 — Joint Session With Housing Commission 2. January 9, 2006 — Work Session 7b. LICENSES MECHANICAL Wallace Mechanical 905 7 th Ave N, Princeton RENTAL Renewal 5209 Xerxes Ave N (2 bldgs, 24 Units) Mei Hua 5211 Xerxes Ave N 292653 d Ave N (Single Family) Nita Morlock 4201 Lakeside Ave N #206 (Single Family) Germaine Pawelk 5449 Lyndale Ave N (Single Family) Dakota Communities 6813 Noble Ave N (Two Family, 1 Unit) David Zemke 6835 Noble Ave N (Two Family, 1 Unit) Robert Berglund 6926 West River Road (Single Family) Mark Pivec 7218 -24 West River Road (Two Family, 2 Units) Arlene Johnson 6448 Willow Lane (Single Family) Brett Hildreth Initial 4806 Twin Lake Ave N (1 bldg, 4 units) Abdulkareem A- Hammed 7129 Unity Ave N (Single Family) Gregory Kosch 7c. RESOLUTION NO. 2006-08 APPROVING FINAL PLAT, BRI MAR 2" ADDITION Motion passed unanimously. 01/23/06 -3- 8. PUBLIC HEARING 8a. 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) — ORDINANCE NO. 2006 -01 —THIS ITEM WAS FIRST READ ON NOVEMBER 14, 2005; PUBLISHED IN THE OFFICIAL NEWSPAPER ON NOVEMBER 24,2005; AND OFFERED FOR SECOND READING AND PUBLIC HEARING ON DECEMBER 12, 2005, AND JANUARY 9, 2006, AT WHICH TIME IT WAS TABLED UNTIL THE FINAL PLAT HAS BEEN FILED. City Manager Michael McCauley stated the City Council previously approved a Preliminary Plat and Planned Development. He stated the City Council approved the Final Plat consistent with the Preliminary Plat. He stated the Luther Dealerships have a combined property with the northeast quadrant of the Interstate and Brooklyn Boulevard. He stated this is the final step in the process which amends the developers request for a Planned Unit Development. Councilmember Niesen moved and Councilmember O'Connor seconded to open the Public Hearing. Motion passed unanimously. No public input was offered. Councilmember O'Connor moved and Councilmember Niesen seconded to close the Public Hearing. Motion passed unanimously. Councilmember Niesen moved and Councilmember O'Connor seconded to adopt ORDINANCE NO. 2006 -01 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). Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. AMEND 2006 CITY COUNCIL MEETING SCHEDULE AND SET DATE AND TIME FOR JOINT MEETING WITH FINANCIAL COMMISSION FOR MONDAY, MARCH 6, 2006, AT 6:30 P.M. IN COUNCIL /COMMISSION CONFERENCE ROOM, CITY HALL Mr. McCauley stated the purpose of joint meeting with the Financial Commission is to discuss the golf course and other subjects of concern. 01/23/06 -4- Councilmember O'Connor moved and Councilmember Niesen seconded to amend 2006 City Council Meeting Schedule and set Joint Meeting with Financial Commission for Monday, March 6, 2006, at 6:30 p.m. in Council /Commission Conference Room, City Hall. Motion passed unanimously. 9b. RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2006- 01, 02, 03 AND 04, CENTERBROOK AREA NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS — RESOLUTION NO. 2006 -09 Mr. McCauley stated the proposed resolution moves the annual street reconstruction project forward by calling for the public hearing and the improvements are included in the Capital Improvement Plan. He stated there has been a survey of the neighborhood to outline the response of the proposal and the actual consideration of the project will be on February 27, 2006. Public Works Director /City Engineer Todd Blomstrom stated the street and utility improvements proposed for the Centerbrook neighborhood are included in the Capital Improvement Program. He stated the improvements are scheduled for 2006, and the project is located east of Highway 100, south of County Road 10, west of Logan Avenue, and north of 55 Avenue. He explained that the majority of the properties are single family with four commercial properties and the property improvements are laid out in the Feasibility Report. He stated the streets are proposed to be reconstructed based on the City's current street design standards. He stated the sanitary sewer improvements include replacement of the structures in the entire pipe network within the neighborhood, with the exception of a short section in the northern portion of Lilac Drive near 57 Avenue. He stated the Engineer's Report included comments from the residents who indicated poor water quality, poor drainage throughout the neighborhood, which is attributed to the street condition. He stated the purpose is to expand sanitary sewer and improve drainage. He displayed a cost analysis of the project, totally $2.7 million. Councilmember O'Connor asked about the storm drainage improvements and if the water discharged into the storm sewer system would be discharged into the storm water management pond. Mr. Blomstrom responded the proposed pond will be located in the vacant area, north of the golf course parking lot. He stated it is proposed to route the storm water throughout the majority of the neighborhood into one central location to be treated at a facility located north of the parking lot before it is discharged into the ditch, which flows directly south. Councilmember O'Connor inquired about how the pond water is treated. Mr. Blomstrom stated the pond will be as large as possible and will allow particles to settle on the bottom of the pond, which will periodically be trenched out. Councilmember O'Connor asked if a fence would be placed around the pond. Mr. Blomstrom responded a fence is not proposed. He outlined the sloping of the pond and vegetation to reduce risks of falling in to the pond. He stated its maximum depth would be about four feet. Councilmember O'Connor asked if other land around the golf course could be used for storm water management. Mr. Blomstrom responded the land is flat, therefore without a pumping station, a pond is not feasible. 01/23/06 -5- Councilmember O'Connor asked if the approximate $4,000 assessment is an increase from last year. Mr. Blomstrom responded the amount of assessment increased by 3.3% from the previous year. Councilmember Niesen asked if a tree assessment was done and if the trees to be removed are marked. Mr. Blomstrom responded removing trees is necessary to allow water and sewer replacement services. He explained that at a previous meeting, the trees to be removed were indicated on property plans. He stated the need for approximately 100 replacement trees, costing approximately $225 per tree. Councilmember Niesen moved and Councilmember O'Connor seconded adoption of RESOLUTION NO. 2006 -09 Accepting Engineer's Feasibility Report and Calling for a Public Hearing, Improvement Project Nos. 2006 -01, 02, 03 and 04, Centerbrook Area Neighborhood Street, Storm Drainage, and Utility Improvements. Motion passed unanimously. 9c. RESOLUTION DECLARING COST TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2006 -01 AND 02, CONTRACT 2006 -A, CENTERBROOK AREA NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS — RESOLUTION NO. 2006-10 Mr. McCauley stated it is a separate hearing on February 27, 2006. Councilmember O'Connor moved and Councilmember Niesen seconded adoption of RESOLUTION NO. 2006 -10 Declaring Cost to be Assessed and Calling for a Public Hearing on Proposed Special Assessments for Improvement Project Nos. 2006 -01 and 02, Contract 2006- . A, Centerbrook Area Neighborhood Street and Storm Drainage Improvements. Motion passed unanimously. 12. ADJOURNMENT Councilmember Niesen moved and Councilmember O'Connor seconded adjournment of the City Council meeting at 7:40 p.m. Motion passed unanimously. a 0w � � '�"�� City Clerk MayorV 01/23/06 -6-