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HomeMy WebLinkAbout2010 06-14 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 14, 2010 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, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager /Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Yelich requested a moment of silence and personal reflection 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, Tim Roche, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. 06/14/10 -1- 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Yelich seconded to approve the Agenda and Consent Agenda, with amendments to the Study Session and Work Session minutes of May 24, 2010, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. May 24, 2010 — Study Session 2. May 24, 2010 — Regular Session 3. May 24, 2010 — Work Session 4. June 7, 2010 — Joint Work Session with Auditor /Financial Commission 6b. LICENSES AMUSEMENT DEVICES Dandy Amusements International, Inc. 6420 Camden Avenue N. GARBAGE HAULER Allied Waste Services of North America LLC P.O. Box 39, Circle Pines Aspen Waste Systems, Inc. 2951 Weeks Avenue N, Minneapolis Darling International, Inc. 9000382 nd Avenue, Blue Earth Randy's Environmental Services P.O. Box 169, Delano Walters Recycling and Refuse P.O. Box 67, Circle Pines Walz Brothers Sanitation P.O. Box 627, Maple Grove MECHNICAL Bob's Heating & Air 1123 W. Linden Street, Stillwater Bonfe's Plumbing, Heating & Air 505 Randolph Avenue, St. Paul Brooklynaire 8205 Groveland Road, Mounds View Dakota Mechanical of MN 575 Minnehaha Avenue W., St. Paul Ductworks Heating & Air 6108 Olson Mem. Hwy, Golden Valley Edina Heating and Cooling 15753 Cedar Ridge Road, Eden Prairie Flare Heating and Air 9303 Plymouth Avenue, Golden Valley Fore Mechanical 3102 103 Lane NE, Blaine Groff s Heating and Air 3255 131 West, Rosemount Liberty Comfort Systems 627 E. River Road, Anoka Marsh Heating & A/C 6248 Lakeland Ave. N, Brooklyn Park Otsego Heating & Air 21 1 St Street NW, Osseo Ray Welter Air Conditioning 4637 Chicago Avenue, Minneapolis 06/14/10 -2- Superior Heating & Air 3731 Thurston Avenue NW, Anoka Trane 775 Vandalia Street, St. Paul RENTAL — STANDARDS PRIOR TO MARCH 6.2010 INITIAL 6807 Humboldt Avenue N. #C301 Raymond Charest RENEWAL 4408 69 Avenue N. Eugene & Diane Wright 5256 Twin Lake Blvd. E. Brian Somkhan 907 57 Avenue N. David LaFavor 421363 d Avenue N. Bryan Friendshuh 5812 Camden Avenue N. Roberto Miguel Rodriquez 5420 Girard Avenue N. Scot Sorum 4207 Lakeside Avenue #226 Beach Condominium Association RENTAL — CURRENT STANDARDS INITIAL — (TYPE II — two-year license) 3223 49 Avenue N. Wade Klick 5424 70 Circle John Huntley 6931 Toledo Avenue N. Jason Schubert RENEWAL (TYPE I — three-year license) 5235 Drew Avenue N. Jay Nelson Battenberg 5300 -04 Vincent Avenue N. Steven & Debra Elhardt 5630 Irving Avenue N. Mary Gilleshammer RENEWAL — (TYPE II — two-year license) 5925 Washburn Avenue N. Cheng Lor RENEWAL (TYPE III —one-year license) 4214 Lakeside Avenue James Shoultz SIGN HANGER L & D Sign 6045 Lake Elmo Avenue, Stillwater 6c. RESOLUTION NO. 2010 -88 APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NOS. 2009-05,15 AND 16, CONTRACT 2009 - B, SHINGLE CREEK PARKWAY & 69 AVENUE STREET IMPROVEMENTS AND 2009 CITY TRAIL IMPROVEMENTS Motion passed unanimously. 7. PRESENTATIONS/ PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2010 -89 EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF OFFICER DWAYNE HOLMSTROM 06/14/10 -3- Councilmember Yelich moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2010 -89 Expressing Recognition and Appreciation for the Dedicated Public Service of Officer Dwayne Holmstrom. Mayor Willson read a resolution of appreciation recognizing Officer Dwayne Holmstrom for over 20 years of service to the City. City Manager Curt Boganey stated staff s appreciation for Dwayne Holmstrom's outstanding performance on behalf of Brooklyn Center as a member of the Police Department. Councilmember Roche added his congratulations and wished Mr. Holmstrom, a high school friend, an enjoyable retirement. Motion passed unanimously. 8. PUBLIC HEARING 8a. ORDINANCE NO. 2010 -10 RELATING TO DANGEROUS DOG REQUIREMENTS; AMENDING CITY CODE SECTION 1 -250 TO 1 -300 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed ordinance. He noted the recommended changes are necessitated by State law and address minor housekeeping items to assure the City's ordinance is consistent with Minnesota Statutes. Councilmember Lasman moved and Councilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. Councilmember Roche moved and Councilmember Yelich seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Roche seconded to adopt ORDINANCE NO. 2010 -10 Relating to Dangerous Dog Requirements; Amending City Code Section 1 -250 to 1 -300. The Council reviewed the ordinance amendments and it was noted that should a nuisance with barking dogs occur over the weekend, residents should call 911 with the understanding that all emergency calls are prioritized to first address significant public safety issues. It was acknowledged that the proposed ordinance amendments are in order to add clarification and strengthen enforcement, which benefits all residents to assure public safety. Motion passed unanimously. 06/14/10 -4- 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2010 -008 SUBMITTED BY GARY BRUMMER/GB HOMES. REQUEST FOR SITE AND BUILDING PLAN APPROVAL FOR CONSTRUCTION OF A 6,000 SQ. FT. COMMUNITY ROOM WITH INDOOR POOL, PARTY ROOM, EXERCISE ROOM, AND OFFICES FOR GATEWAY COMMONS Director of Business and Development Gary Eitel provided an overview of Planning Commission Application No. 2010 -008, a request for site and building plan approval for construction of a 6,000 sq. ft. community room with indoor pool, party room, exercise room, and offices for Gateway Commons. He advised the Planning Commission recommended approval of the application at its May 27, 2010, meeting subject to conditions detailed in the staff report. Mr. Eitel answered questions of the City Council regarding the repositioned gates to create a secure environment. Councilmember Lasman moved and Councilmember Yelich seconded to approve Planning Commission Application No. 2010 -008 subject to the following conditions of 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 shall be appropriately screened from view. 5. The buildings are to be equipped with an automatic fire extinguishing systems to meet NFPA standards and connected to a central monitoring device in accordance with Chapter 5 of the city ordinances. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city ordinances. 7. B -612 curb and gutter shall be provided around all parking and driving areas. 8. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. Motion carried unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2010-90 APPOINTING ELECTION JUDGES Councilmember Lasman moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2010 -90 Appointing Election Judges. Motion passed unanimously. 06/14/10 -5- 10b. AMEND 2010 CITY COUNCIL MEETING SCHEDULE Mr. Boganey introduced the item and recommended approval of the schedule revision. Councilmember Lasman moved and Councilmember Roche seconded to amend the 2010 City Council meeting schedule to change the dates of the canvass of election returns as follows: cancel August 11, 2010, meeting; set August 13, 2010, meeting and set time of meeting at 5:00 p.m.; and, cancel November 3, 2010, meeting. The canvass of returns will be added to the regularly scheduled November 8, 2010, meeting. Motion passed unanimously. 10c. RESOLUTION NO. 2010 -91 AUTHORIZING TRANSFER OF FUND BALANCE FOR CAPITAL PURPOSES Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. He advised that after the transfer is made, the general fund would remain within the reserve policy parameter of having a balance at the close of each fiscal year of 50 -52 percent of next year's General Fund operating budget. Councilmember Ryan moved and Councilmember Roche seconded approve RESOLUTION NO. 2010 -91 Authorizing Transfer of Fund Balance for Capital Purposes. Motion passed unanimously. 10d. RESOLUTION NO. 2010 -92 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. It was noted that failure to remove the trees or to appeal this declaration can result in the City contracting to have the diseased trees removed and placing the cost as a lien against the property for collection with the property taxes. Councilmember Lasman moved and Councilmember Roche seconded to approve RESOLUTION NO. 2010 -92 Declaring a Public Nuisance and Ordering the Removal of Diseased Trees at Certain Properties in Brooklyn Center, Minnesota. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Yelich reported on his attendance at two neighborhood meetings held on May 26, 2010, West Palmer Lake Park, and June 9, 2010, West Fire Station, that were well attended. He encourage residents to take advantage of these opportunities to meet their neighbors and learn what is going on in the community. 06/14/10 -6- Councilmember Lasman reported on her attendance at the following: • May 26, 2010, West Palmer Lake Park meeting. • May 31, 2010, Memorial Day Ceremony at Mound Cemetery. • June 5, 2010, Crime Prevention Fund Raiser at CUB. • June 7, 2010, Budget Work Session to receive the Auditor's report. • June 7, 2010, Centennial Celebration Committee meeting to plan the City's upcoming 100 year birthday party. She encouraged residents to keep abreast of the celebration and to attend as many activities as possible. • June 9, 2010, West Fire Station neighborhood meeting. Councilmember Lasman noted that the Police Department report indicated a generalized reduction of crime in the area. Councilmember Roche stated he had visited Mound Cemetery over Memorial Weekend, which contains a lot of City history and is interesting to visit. He announced the June 15, 2010, Housing Commission meeting, its efforts to find an alternative for community gardens, and its work with Odyssey Academy. Councilmember Roche thanked the Star Tribune for its June 5, 2010, article and interview of Officer Reynolds indicating that crime prevention has paid off in Brooklyn Center. He announced the next neighborhood gathering will be at Lions Park on June 29, 2010, and encouraged residents to attend to learn what is going on in the community. Councilmember Roche also announced June 24 -26, 2010, celebration of Earle Brown Days, an annual event that is free to attend. He stated there will be fireworks on Saturday night and encouraged residents to enjoy Oak City or Mango Tango, a new restaurant, as well as the parade and Dudley Tournament. Councilmember Ryan reported on his attendance at the following: • May 26, 2010, West Palmer Lake Park neighborhood meetings, which have been a great success in getting information out to residents. • June 7, 2010 Joint Council Work Session with the Financial Commission to review the auditor's report, which was most favorable to the City. Mayor Willson reported on his attendance at the following: • May 26, 2010, West Palmer Lake Park neighborhood meeting. • June 1, 2010, Brooklyns Youth meeting. • June 7, 2010, Joint meeting with the Financial Commission. • June 10, 2010, Visit Minneapolis North Executive Board meeting. Mayor Willson stated that on June 16, 2010, he will attend the Visit Minneapolis North quarterly board meeting. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 7:30 p.m. Motion passed unanimously. 06/14/10 -7- 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 June 14, 2010. 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 June 28, 2010, Regular Session. City Clerk Mayor 06/14/10 -8-