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HomeMy WebLinkAbout2006 06-26 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 JUNE 26, 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 Diane Niesen. Councilmember Mary O'Connor 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, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. Councilmember Lasman moved and Councilmember Niesen seconded to open the Informal Open Forum. Motion passed unanimously. Allan Hancock, 5520 Fremont Avenue North, addressed the Council regarding community resources for local development. He distributed a sheet that outlined two resources (a film An Inconvenient Truth and a book America Beyond Capitalism) and said he wanted to bring these resources to the Council's attention. Councilmember Lasman moved and Councilmember Carmody seconded to close the Informal Open Forum at 6:50 p.m. 2. INVOCATION Mayor Kragness offered a moment of silence for 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. 06/26/06 1 4. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, and Diane Niesen. Councilmember Mary O'Connor 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, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Lasman said she attended the following events: June 13 Riverwood Neighborhood Association picnic; June 22 Earle Brown Days parade; June 23 and 24 Earle Brown Days Festival events including Ice Cream Social, 1st annual trivia contest, Arts and Crafts Fair, bingo, concert in the park, and fireworks. Councilmember Carmody said she attended the following events: June 13 Riverwood Neighborhood Association picnic; worked at the June 17 Earle Brown Days P ancake breakfast at Applebee's; June 22 Earle Brown Days parade; June 23 and 24 Earle Brown Days Festival events including Ice Cream Social, trivia contest, Family Fun & Games, and fireworks. Councilmember Niesen thanked the committee and sponsors of the Earle Brown Days Festival. She said she had talked with residents in the southwest community by Twin Lake Park regarding the shoreline restoration project, and there is more of a family orientation in that area because of the project. Mayor Kragness said she attended the June 13 Riverwood Neighborhood Association picnic and the June 22 -24 Earle Brown Days Festival activities. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Niesen moved and Councilmember Carmody seconded to approve the consent agenda and agenda as amended, which includes approving the submitted changes to the minutes but tabling all City Council minutes to the next Regular Session. Councilmember Carmody moved and Councilmember Lasman seconded that this motion be amended by removing the replacement language for the May 22, 2006, Study Session minutes as submitted by Councilmember Niesen and tabling it to the next meeting for consideration. Amended motion passed unanimously. The following consent items were approved: 06/26/06 2 7b. LICENSES AMUSEMENT DEVICE Torrence Enterprises Inc 2067 West San Bruno, Fresno, CA @ Brookdale Mall 1108 Brookdale Mall American Amusement Arcades 2100 West 96th Street, Bloomington @ Scoreboard Pizza Inc. 6816 Humboldt Ave North GARBAGE HAULER Ace Solid Waste 6601 McKinley Street NW, Ramsey T & L Sanitation Service, Inc. P. O. Box 49695, Blaine Walters Recycling & Refuse P. O. Box 67, Circle Pines MECHANICAL Air Conditioning Associates 689 Pierce Butler Route, St. Paul Air Masters, Inc. 5885 149th Street West, #101, Apple Valley SIGNHANGER Contact Signs, Inc. 1803 Victoria Street, Roseville 7c. SET DATE AND TIME FOR JOINT MEETING WITH OPPORTUNITY SITE TASK FORCE FOR JULY 12, 2006, AT 7 P.M. TO REVIEW PROPOSALS RECEIVED FOR THE 57TH AND LOGAN AVENUES REDEVELOPMENT SITE 7d. SITE PERFORMANCE GUARANTEE RELEASE STARBUCK'S COFFEE (5512 BROOKLYN BOULEVARD) Original motion passed unanimously. 8. PLANNING COMMISSION ITEM 8a. PLANNING COMMISSION APPLICATION NO. 2006 -007 SUBMITTED BY JOSEPH ISAACS TO RESUBDIVIDE THE PROPERTY AT 5420 GIRARD AVENUE NORTH TO RE- ESTABLISH TWO PLATTED LOTS THAT HAVE BEEN COMBINED FOR TAX PURPOSES. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS JUNE 15, 2006, MEETING. Interim City Manager Curt Boganey said this item was presented to the Planning Commission on June 15, 2006, and the Planning Commission approved it with six conditions which he outlined from the Planning Commission Information Sheet contained in the agenda packet. Councilmember Niesen inquired about the combination of the lots for tax purposes and what effect resubdividing them will have. 06/26/06 3 Planning and Zoning Specialist Ron Warren responded that he was not sure about the tax benefits, but combining the lots can have benefits for the property owner with regard to building additions and setback requirements, as accessory structures can cross the lot line. He explained the current house has a small encroachment over the property line, which is a wood deck, and the property owner has agreed to alter the size of the deck to meet the requirements for the resubdivision. Mr. Warren explained the combination of two lots into a single lot is an administrative procedure that does not require City Council approval; however, to uncombine or resubdivide the combined lots requires City Council approval. He stated that combined lots could only be sold as one lot, and uncombining the lots would allow the property owner to sell two lots. Councilmember Carmody inquired about the existing driveway. Mr. Warren explained the intention of the property owner is to build another house and to share the driveway and work out an easement agreement. Councilmember Niesen raised the issue of the size of the lots, what is allowable, and today's standards. Mr. Warren explained that currently a lot must be a minimum of 60 ft. wide and 7,600 sq. ft. in area. He said the zoning ordinance provides that any legal lots of record prior to January 1, 1976, could be built on if they are at least 40 ft. wide and 5,000 sq. ft. in area. Mayor Kra ess asked if the prop would be rental. Y � P P Y Mr. Issacs, applicant, addressed the Council and said he had recently purchased the property and would be building a new house on the new lot and selling the existing house. Councilmember Lasman inquired if the sewer and water hookups already exist. Mr. Warren responded that he believed they exist, but if they don't then that would be the cost of the owner /developer. Councilmember Lasman moved and Councilmember Carmody seconded approval of Planning Commission Application No. 2006 -007 subject to the following six conditions recommended by the Planning Commission: 1. The legal descriptions and survey showing the reestablishment of the underlying lots shall be filed with Hennepin County. 2. The City Assessor is authorized to process the resubdivision in conjunction with Hennepin County. 3. The resubdivision approval does not comprehend approval of any other action pertaining to the use of the property. 06/26/06 4 4. No variances from City Ordinance requirements are implied. Any future structures on Lot 26 are required to meet setback requirements. 5. The applicant shall be responsible for modifying the wood deck attached to the single family home on Lot 27 so that a minimum 3 ft. setback from the interior property line is established. Said modification shall be accomplished prior to the filing of the certificate of survey to reestablish the underlying properties. 6. The applicant shall execute and file a cross access easement over Lots 26 and 27 for driveway purposes prior to finalization of this resubdivision. Said cross access easement shall be reviewed and approved by the City Attorney. Councilmember Niesen asked how many cases like this might come before the City Council, which would allow a smaller home to be built and not meet the current standards. Mr. Warren responded the Zoning Ordinance has allowed for this size lot since 1976, but the City Council could amend it to remove that provision. He said since 1976 there may be six to ten cases where this has been done and there may be another one before the end of the year. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. APPOINTMENT OF MEMBERS TO THE TECHNICAL ADVISORY COMMITTEE OF THE SHINGLE CREEK AND WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSIONS Mr. Boganey said the Shingle Creek and West Mississippi Watershed Management Commissions adopted amendments to their bylaws to create Technical Advisory Committees. He said this committee allows representatives of the City to attend and participate in all meetings of the Watershed Commissions. Councilmember Carmody moved and Councilmember Lasman seconded appointment of Director of Public Works as Member and Supervisor of Streets Division and City Manager as Alternate Members of the Shingle Creek and West Mississippi Watershed Management Commissions and directing the City Manager to provide the Watershed Commissions with the names of the incumbents of each position and future changes. Motion passed unanimously. 9b. RESOLUTION NO. 2006 -78 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES Mr. Boganey said a resolution has been prepared which includes a list of trees identified by the City Forester as being diseased, and it is recommended to adopt the resolution that orders the removal of these diseased trees to avoid spreading the disease. 06/26/06 5 Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006 -78 Declaring a Public Nuisance and Ordering the Removal of Diseased Trees. Motion passed unanimously. 9e. RESOLUTION NO. 2006 -79 RECOGNIZING MEMBERS OF THE BROOKLYN CENTER PUBLIC SAFETY COMMUNICATIONS CENTER IN RECOGNITION AND APPRECIATION OF THEIR SERVICE TO THE CITY OF BROOKLYN CENTER Mayor Kragness read the recognition resolution in its entirety. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006 -79 Recognizing Members of the Brooklyn Center Public Safety Communications Center in Recognition and Appreciation of Their Service to the City of Brooklyn Center. 10. ADJOURNMENT Councilmember Carmody moved and Councilmember Lasman seconded adjournment of the City Council meeting at 7:40 p.m. Motion passed unanimously. L - City Clerk Mayor 06/26/06 6