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HomeMy WebLinkAbout2009 06-22 CCM Regular SessionMINUTES 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 22, 2009 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, Planning and Zoning Specialist Ron Warren, Information Technology Director Patty Hartwig, Assistant City Manager /Director of Building Community Standards Vickie Schleuning, Police Chief Scott Bechthold, Fire Chief Lee Gatlin, Assistant City Attorney Sarah Sonsalla, and Carol Hamer, Timesaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Ms. Carol Kleven, 5835 Zenith Avenue North, addressed the City Council and stated she was present at the June 8"' City Council meeting in regards to her garage sale signs that were taken down. She thought the officer that returned her signs was a code enforcement officer, but has learned he was from the Police Department. What she understands at this point is that the Sign Ordinance must be taken literally and will be enforced on a complaint basis only, there must be permission to post the signs, and the signs will be taken down if they are not at least 15 feet back from the street. She stated the City cannot get to everyone, so the ordinance is not equally enforced. If you pay $40 for an ad and your signs are taken down it is tough luck. Ms. Klevin stated the only option she sees is to have the ordinance changed. This is what she is proposing. The new ordinance would refrain from mentioning any distance back from the street for placement of the sign. She expressed concern that the current ordinance is prejudiced against garage sales in particular and pointed out that real estate signs are located within the 15 foot sight line area. She stated people in the community today are suffering financially. Garage sales are good for the community; they are helping people purchase items for pennies. They are recycling and filling the needs of their neighbors and bringing them all closer together. Without signs they cannot have garage sales. The ordinance has to be changed. She is not in this alone and can provide other names and numbers. Councilmember Lasman moved and Councilmember Roche seconded to close the Informal Open Forum at 6:53 p.m. 06/22/09 -1- Motion passed unanimously. 2. INVOCATION Deacon Winkelman of St. Alphonsus Church offered 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 7:03 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, Planning and Zoning Specialist Ron Warren, Information Technology Director Patty Hartwig, Assistant City Manager /Director of Building Community Standards Vickie Schleuning, Police Chief Scott Bechthold, Fire Chief Lee Gatlin, Assistant City Attorney Sarah Sonsalla, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Roche seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. June 8, 2009 Study Session 2. June 8, 2009 Regular Session 3. June 8, 2009 Work Session 6b. LICENSES AMUSEMENT DEVICES Metro Coin of Minnesota 14940 -B 28 Avenue N, Plymouth Theisen Vending Company Family Dollar 2105 57 Avenue N Theisen Vending Company Family Dollar 6211 Brooklyn Blvd GARBAGE HAULER Allied Waste Services Aspen Waste Systems P.O. Box 39, Circle Pines 2951 Weeks Avenue SE, Minneapolis 06/22/09 -2- Darling International 9000382 nd Avenue, Blue Earth Sanimax 505 Hardman Avenue, South St. Paul T L Sanitation Service P.O. Box 49695, Blaine Walters Recycling and Refuse P.O. Box 67, Circle Pines Walz Brothers Sanitation P.O. Box 627, Maple Grove MECHANICAL Air Tech Heating and A/C 24456 Old Mill Road Merifield American Appliance 10519 Nassau Street NE, Blaine Anderson Heating and A/C 4347 Central Avenue NE, Columbia Heights Doug Wahl Dependable Indoor Air 2619 Coon Rapids Blvd, Coon Rapids Genz -Ryan Plumbing and Htg. 2200 W Highway 13, Burnsville Heating Cooling Design 10830 Able Street NE, Blaine Liberty Comfort Systems 627 East River Road, Anoka Modern Heating and A/C 2318 First Street NE, Minneapolis Sabre Plumbing and Heating 3062 Ranchview Lane, Plymouth RENTAL INITIAL Earle Brown Farm Apts 6207 Colfax Ave N Long Yang 6114 Dupont Ave N Doug Wahl 7131 Halifax Ave N Willie Overstreet 6901 Quail Ave N Shuang Lin RENEWAL 170169"' Ave N Earle Brown Farm Apts Earle Brown Farm Apts 5001 Ewing Ave N Bartholomew Dabrowski 300062 d Ave N Dan Soffa 5118 66"' Ave N Scott Hanson 1336 68" Ln N Soye Chalte 130072 d Ave N Marinela Scott Selseth 501 Bellvue Ln Dragon Property Mgmt 5439 Colfax Ave N Roger Kadlec 5825 Colfax Ave N Beulah Hill 6824 Fremont PI N David Oium 5421 Lyndale Ave N Dragon Property Mgmt SIGNHANGER Collins Electrical Systems 4990 North Highway 169, New Hope 6e. RESOLUTION NO. 2009 -77 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 06/22/09 -3- 6d. RESOLUTION NO. 2009 -78 ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2008 -13, CONTRACT 2008 -G, REFORESTATION. OF 2007 STREET IMPROVEMENT PROJECT AREA Motion passed unanimously. 7. PRESENTATIONS/ PROCLAMATIONS /RECOGNITIONS/DONATIONS 7a. NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL SUSAN BLOOD Ms. Susan Blood, Northwest Hennepin Human Services Council (NWHHSC), provided an overview of the programs and services administered by NWHHSC. Ms. Myrna Kragness, NWHHSC, provided an overview of the Capacity Building Program administered by NWHHSC. Members of the City Council thanked Ms. Blood and Ms. Kragness for their work with NWHHSC on behalf of the City of Brooklyn Center. City Manager Boganey pointed out that the City contributes a relatively small amount of dollars to NWHHSC on an annual basis along with the other member cities. The agency takes that percentage of City contributions and is able through grants and utilizing state and federal funds to turn that City contribution into a larger benefit for the community. 7b. CENTERPOINT ENERGY GRANT FAITH PEDERSON RESOLUTION NO. 2009 -79 EXPRESSING APPRECIATION FOR THE DONATION OF CENTERPOINT ENERGY COMMUNITY PARTNERSHIP FOR A $2,500 GRANT TO PURCHASE EMERGENCY RESPONSE AND SAFETY EQUIPMENT Mr. Boganey introduced the item and stated the purpose of the proposed resolution. Ms. Faith Pederson, CenterPoint Energy, presented the City with a $2,500 partnership grant check to purchase safety equipment for the Fire Department. Mayor Willson requested Ms. Pederson to convey the City's thanks to CenterPoint Energy. Councilmember Lasman moved and Councilmember Ryan seconded to remove the item from the table. Motion passed unanimously. Councilmember Yelich moved and Councilmember Lasman seconded to adopt RESOLUTION NO. 2009 -79 Expressing Appreciation for the Donation of CenterPoint Energy Community Partnership for a $2,500 Grant to Purchase Emergency Response and Safety Equipment. 06/22/09 -4- Motion passed unanimously. 8. PUBLIC HEARING -None. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2009 -003 SUBMITTED BY HOLIDAY STATION STORE. REQUEST FOR A SPECIAL USE PERMIT AND SITE AND BUILDING PLAN APPROVAL TO REDEVELOP A NEW CONVENIENCE STORE /GASOLINE STATION AT THE SOUTHEAST CORNER OF COUNTY ROAD 10 AND XERXES AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS JUNE 11, 2009, MEETING. Planning and Zoning Specialist Ron Warren provided an overview of Planning Commission Application No. 2009 -003 and advised the Planning Commission recommended approval of the application at its June 11, 2009, meeting. Mr. Warren answered questions of the City Council regarding the request for a special use permit and site and building plan approval to redevelop a new convenience store /gasoline station at the southeast corner of County Road 10 and Xerxes Avenue North. There was discussion on the landscape plan for the subject site and the easement to accommodate a 10 foot trail along County Road 10. Mr. John Baregi, Holiday Companies, answered questions of the City Council on the site plan for the new convenience store /gasoline station at 5710 Xerxes Avenue North. There was discussion on the likely pedestrian traffic at the proposed site. Councilmember Yelich inquired whether Holiday Companies would be willing to include a fence as a barrier to encourage pedestrians to avoid cutting through the landscaped green strip. Mr. Baregi indicated that Holiday Companies would be willing to include a small ornamental fence. Mayor Willson noted the Council has not voted on including the proposed fence in the site plan. He questioned if a fence would negate any of the plantings included in the landscaping plan. Mr. Baregi stated that plantings should not need to be removed from the plan as a result of an ornamental fence. It was noted that soil borings have been completed. The report is not available yet, but there are not any foreseen issues. There was discussion on public safety concerns expressed by residents regarding the subject location. Councilmember Ryan requested Mr. Baregi to request to Holiday management that due consideration be given to public safety and possible participation with the Police Department in a program similar to the ongoing crime reduction program with the Police Department and the Super America stores located in the City. Councilmember Yelich asked whether Holiday Companies would be open to participating in the environmental safety design review conducted by the Police Department with local businesses. Mr. Baregi provided information on security 06/22/09 -5- practices of Holiday Companies and indicated willingness to meet with the Police Chief regarding public safety. Councilmember Lasman moved and Councilmember Roche seconded to approve Planning Commission Application No. 2009 -003 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 roof top or on ground mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguisher 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 except for where the City Engineer may approve a lesser standard in deference to plan considerations. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to 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. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the Engineering Department and the applicant shall obtain an NPDES construction site erosion control permit from the Minnesota Pollution Control Agency prior to disturbing the site. 12. The owner of the property shall enter into an appropriate trail easement within the green strip area along County Road 10 and an easement for the bus bench/shelter area along Xerxes Avenue as approved by the City Engineer prior to the issuance of building permits. 13. The owner of the property shall enter into a proof of parking agreement to provide up to 24 parking spaces on the site upon a determination by the City to be constructed within one year, that such parking is needed. 14. The applicant shall obtain formal approval of the access arrangement along County Road 10 from Hennepin County Transportation Department and any necessary permits prior to the issuance of building permits by the City. 06/22/09 -6- 15. The owner of the property shall enter into an easement and agreement for the maintenance and inspection of utility and storm drainage system as approved by the City Engineer prior to the issuance of building permits. 16. The landscape plan shall be modified prior to the issuance of building permits to provide decorative fencing of 2 %2 feet to 3 feet in height along the Xerxes Avenue and County Road 10 Greenstrips. Councilmember Yelich moved and Councilmember Roche seconded to amend the motion to include a decorative fence in the site plan as referenced above as a condition of approval. Mayor Willson voted against the same. Motion passed. Amended motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2009 -80 RELATING TO THE CONSIDERATION OF A RENEWAL RENTAL LICENSE FOR 5301 DUPONT AVENUE NORTH Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution, which is to affirm the decision of the City Manager that the rental complex located at 5301 Dupont Avenue North is not eligible for a regular license. Councilmember Yelich moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2009 -80 Relating to the Consideration of a Renewal Rental License for 5301 Dupont Avenue North. Motion passed unanimously. IOb. RESOLUTION NO. 2009 -81 AUTHORIZING THE REPLACEMENT OF THE CITY TELEPHONE AND VOICE MAIL SYSTEM BY JOINING THE LOGIS IP TELEPHONY SERVICE AND ACQUIRING HARDWARE AND SOFTWARE OFF THE STATE OF MINNESOTA CONTRACT AT A COST NOT TO EXCEED THE BUDGETED AMOUNT OF $233,200 Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. It was noted that funds for the replacement of the telephone and voice mail system have been accumulated specifically for this purpose. Information Technology Director Patty Hartwig and Mr. Kevin Pikkaraine of LOGIS answered questions of the City Council regarding the LOGIS IP Telephony Service and the benefits of the advanced technology and participation with LOGIS. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION 06/22/09 -7- NO. 2009 -81 Authorizing the Replacement of the City Telephone and Voice Mail System by Joining the LOGIS IP Telephony Service and Acquiring Hardware and Software Off the State of Minnesota Contract at a Cost Not to Exceed the Budgeted Amount of $233,200. Motion passed unanimously. IOc. RESOLUTION NO. 2009 -82 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2009-05,15, AND 16, CONTRACT 2009 -B, SHINGLE CREEK PARKWAY AND 69TH AVENUE STREET IMPROVEMENTS, CENTRAL PARK TRAILS (WEST) IMPROVEMENTS AND 2009 MISCELLANEOUS TRAIL IMPROVEMENTS Public Works Director /City Engineer Steve Lillehaug provided an overview of Improvement Project Nos. 2009 -05, 15, and 16, Contract 2009 -13, Shingle Creek Parkway and 69 Avenue Street Improvements, Central Park Trails (West) Improvements and 2009 Miscellaneous Trail Improvements. There was discussion on the premature failure of pavement included in the project area. Mr. Lillehaug stated MnDOT and the Minnesota Asphalt Paving Association have been requested to assist in determining the reason for the premature failure of these roads and other roads in the City. Staff will report back to the City Council. Councilmember Roche moved and Councilmember Yelich seconded to approve RESOLUTION NO. 2009 -82 Approving Plans and Specifications and Authorizing Advertisement for Bids, Improvement Project Nos. 2009 -05, 15, and 16, Contract 2009 -B, Shingle Creek Parkway and 69 Avenue Street Improvements, Central Park Trails (West) Improvements and 2009 Miscellaneous Trail Improvements. Motion passed unanimously. I L COUNCIL REPORT Councilmember Yelich encouraged residents to participate in the upcoming Earle Brown Days events. Councilmember Lasman reported on the following: June 11 and June 12 fundraising for the Crime Prevention Program at the Cub hotdog and brat wagon. June 13 Brooklyn Historical Society meeting. A slide show was presented on a new book being published on early schools, churches, businesses, and farms in the area. June 16 Crime Prevention monthly meeting: Part I Crimes are down 11 There are currently 194 active neighborhood watch programs in the City; the goal is to get the number up to 200 this year. June 16 Riverwood Neighborhood Annual Picnic June 19 Dudley Tournament 06/22/09 -8- National Night Out kick off party is scheduled for Monday, August 3 ra in Central Park. National Night Out is scheduled for the following evening. Councilmember Roche reported on the following: The Brooklyn Center Landscape and Garden contest deadline is June 29 Information is available on the City website and the City newsletter. Adopt a garden was a 100% success in the City for the first time. The Dudley Tournament was an outstanding success. Residents are heard when they call City Hall and the Police Department. Events on Quarles Road and at Firehouse Park are going to be dealt with. It is up to the citizens to raise awareness of events that are happening in their neighborhoods. Request to individuals to pick up garbage at Firehouse Park. Councilmember Ryan reported on the following: June 9 1h Brooklyn Center High School Alumni Association meeting. A very important function of the Association is to build up a scholarship fund to assist graduates in paying for post- secondary education. June 11 th ribbon cutting for the new Embassy Suites Hotel. June 12 ride -along with the Brooklyn Center Police Department. The professionalism and dedication of the Police Department was evident. Upcoming Earle Brown Days events. Mayor Willson reported on the following: June 11 Embassy Suites grand opening. June 1 Ith Visit Minneapolis North (VMN) Executive meeting. June 14 United Families gathering at Anchor Nation Church in Minneapolis. June 16 Riverwood Neighborhood Association picnic. June 17 VMN Board meeting. June 19 throw of the first pitch at the Dudley Tournament. 12. ADJOURNMENT Councilmember Yelich moved and Councilmember Lasman seconded adjournment of the City Council meeting at 8:24 p.m. Motion passed unanimously. 06/22/09 -9- STATE OF MINNESOTA) COUNTY OF HENNEPIN) CITY OF BROOKLYN CENTER) ss. Certification of Minutes 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 22, 2009. 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 July 13, 2009, Regular Session. r ojw City Clerk Mayor L_J 06/22/09 -10-