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HomeMy WebLinkAbout2009 08-24 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 AUGUST 24, 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 Iriformal 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, Police Chief Scott Bechthold, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Ms. Diane Sannes, 7006 Willow Lane N, addressed the City Council and thanked staff and Council for the work to bring four new restaurants to the City. She stated she understands with these four new restaurants there will be over 100 new jobs created. She stated it was exciting for her to work with many youth in the Brooklyn Center area that wanted to apply for some of the restaurant jobs. Ms. Jo Roberts, representative of Link Associates located at 5400 France Avenue N, addressed the City Council and expressed her thanks for the new restaurants in the City and the job opportunities. She stated she previously spoke to Council about things happening with rental licenses. Since that time she met with staff and it was agreed that the rental license ordinance needs to be modified. She stated her concurrence with comments made by Councilmember Ryan on the possible effect late utility payments from tenants may have on delinquent utility payments by property owners in relation to the discussion on enforcement of the rental licensing ordinance. Mr. Allan Hancock, 5520 Fremont Avenue N, Mr. Nathan Paulsen, 5815 Emerson Avenue N, Ms. Linda Hanka, 5517 James Avenue N, and Ms. Diane Sannes, 7006 Willow 'Lane N, appeared before the City Council. Mr. Hancock stated their appreciation for the Council taking community gardens under consideration. Mr. Bud Sorenson, 6901 Toledo Avenue N, addressed the City Council and stated his concern with the trail agreement that is under consideration tonight related to the possibility for an 08/24/09 -1- alternative future alignment of the regional trail through Central Park. This has been taken care of with the additional language that has been included in the agreement. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:51 p.m. Motion passed unanimously. 2. INVOCATION Boy Scout Troop 454 performed the flag ceremony 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 7:00 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, Police Chief Scott Bechthold, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited under the Invocation portion of the agenda with the flag ceremony performed by Boy Scout Troop 454. 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. August 10, 2009 Study Session 2. August 10, 2009 Regular Session 3. August 10, 2009 Work Session 6b. LICENSES MECHANICAL Changing Climate Inc. 4335 Pheasant Ridge Dr, Blaine Home Comfort Cooling and Heating 8111 151 Lane NW, Ramsey Neil Heating and A/C P.O. Box 29292, Minneapolis 08/24/09 -2- Ray Welter Heating 4637 Chicago Avenue S, Minneapolis Swift Mechanical Inc. 3403 Victoria Street N, Shoreview RENTAL INITIAL 904 53` Ave N Istoki Sources Mekoret 5160 Drew Ave N Chen Zhou 6839 Colfax Ave N Danny Stacey Angell 6443 Emerson Ave N Deepak Nath 5740 Logan Ave N Shuang Lin LLC 7224 Noble Ave N Quoc Nguyen 6�37-43 Humboldt Ave N Humboldt Square Apts Valley Management Group RENEWAL 3706 55�' Ave N Mains'1 Properties 5307 Howe Ln Jose Villagrano 3812 Janet Ln Mains'1 Properties 5743 June Ave N Charlynn Waughtel 4207 Lakeside Ave #320 Heinz Pollinger 5712 Logan Ave N Dwayne Meier SIGNHANGER S& N Landscaping Inc. 15140 87 Street NE, Otsego Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS -None. 8. PUBLIC HEARING -None. 9. PLANNING COMMISSION ITEMS 9a. PLANNING COMMISSION APPLICATION NO. 2009-004 SUBMITTED BY JIM IRWIN ON BEHALF OF BARRY MINNEAPOLIS, LLC. REQUEST FOR SITE AND BUILDING PLAN APPROVAL FOR A 145,317 SQUARE FOOT OFFICE BUILDING, A 28,255 SQUARE FOOT ANNEX BUILDING AND A THREE STORY COVERED PARKING FACILITY ON A 8.57 ACRE SITE AT THE SOUTHWEST QUADRANT OF FREEWAY BOULEVARD AND HUMBOLDT AVENUE NORTH Planning and Zoning Specialist Ron Warren provided an overview of Planning Commission Application Nos. 2009-004 and 2009-005 and advised the Planning Commission recommended approval of the applications at its August 13, 2009, meeting. 08/24/09 -3- Mr. Jim Irwin, Barry Real Estate Companies, addressed the City Council and stated he is available for questions. Mr. Irwin and Mr. Warren responded to questions of the City Council on the subject applications. Mr. Irwin indicated there is no intention to include a helipad on any of the buildings in the site. Mr. Warren advised that he has no reservations about recommending that these applications be approved. All of the typical requirements for review of a site have been submitted and comply with the City's standards. Mayor Willson thanked Mr. Irwin and his team for being part of the City's redevelopment. He thanked staff for their work in bringing this project forward. Councilmember Lasman moved and Councilmember Yelich seconded to approve Planning Commission Application No. 2009-004 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 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. 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 prior to release of the performance guarantee. 10. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center current Standard Specification and Details. 11. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City's Engineering Department and applicant shall obtain an NPDES construction site erosion permit from the Minnesota Pollution Control Agency prior to disturbing the site. 12. The final plat comprehended under Planning Commission Application No. 2009-001 shall be given final approval by the City Council and filed with Hennepin County prior to the issuance of building permits for this project. 08/24/09 -4- 13. Plan approval is contingent upon the granting of the variance from the green strip/parking setback requirements comprehended under Planning Commission Application No. 2009- 005. 14. The owner of the property shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 15. Storm water drainage systems shall be approved by the West Mississippi Watershed Management Commission prior to the issuance of permits. 16. The owner of the property shall enter a proof of parking agreement to provide up to 694 parking spaces on the site upon a determination by the City, to be constructed within one year following notification that such parking is needed. Motion carried unanimously. 9b. PLANNING COMMISSION APPLICATION NO. 2009-005 SUBMITTED BY JIM IRWIN ON BEHALF OF BARRY MINNEAPOLIS, LLC. REQUEST FOR A VARIANCE FROM SECTION 35-412, SUBDIVISION 4, OF THE ZONING ORDINANCE REQUIRING A 15 FOOT PARKING SETBACK AND GREEN STRIP ON A PORTION OF THE FREEWAY BOULEVARD RIGHT-OF-WAY FOR THE DEVELOPMENT PROPOSED UNDER APPLICATION NO. 2009-004 Councilmember Yelich moved and Councilmember Ryan seconded to approve Planning Commission Application No. 2009-005 subject to the following condition of the Planning Commission: 1. The owner of the property shall enter into a proof of parking agreement, the implementation of which will negate the need for said variance. Motion carried unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2009-105 AUTHORIZING THE EXECUTION OF A TRAIL AGREEMENT BETWEEN THREE RIVERS PARK DISTRICT AND THE CITY OF BROOKLYN CENTER City Manager Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. Public Works Director/City Engineer Steve Lillehaug presented information on Three Rivers Park District features in the City of Brooklyn Center: 9 regional parks; 7 park reserves; 3 special recreation features; 12 regional trails; and 2 non-regional facilities. Mr. Lillehaug provided an overview of the proposed trail agreement between Three Rivers Park District and the City of Brooklyn Center. 08/24/09 -5- Mr. Don DeVeau, Three Rivers Park District, provided information on trails and parks provided by the Park District and stated the proposed trail will be a tremendous asset to this community and the Three Rivers Park District. Councilmember Roche stated his support of the proposed trail agreement and the Three Rivers Park District Regional Trail System. He requested Mr. DeVeau to comment on the possibility of a pedestrian bridge to tie in to the Mississippi River Trail in the vicinity of Highway 694/TH 252. Mr. DeVeau indicated that the Three Rivers Park District believes this may be an opportune area for cooperation in the future. Mayor Willson commended staff for their efforts with the subject agreement and thanked the Three Rivers Park District for working with the City. Councilmember Yelich moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2009-105 Authorizing the Execution of a Trail Agreement between Three Rivers Park District and the City of Brooklyn Center. It was noted that this agreement is a starting point that includes the ability to evolve the trail system in the future to benefit the residents and the regional area. Motion passed unanimously. lOb. RESOLUTION NO. 2009-106 AUTHORIZING THE DEDICATION OF EASEMENTS ON CITY PROPERTY PERTAINING TO THE BASS LAKE ROAD STREETSCAPE AND REGIONAL TRAIL PROJECT Mr. Lillehaug introduced the item, discussed the history, and stated the purpose of the proposed resolution. Councilmember Lasman moved and Councilmember Ryan seconded to approve RESOLUTION NO. 2009-106 Authorizing the Dedication of Easements on City Property Pertaining to the Bass Lake Road Streetscape and Regional Trail Project. Motion passed unanimously. lOc. RESOLUTION NO. 2009-107 RESCINDING SPECIAL ASSESSMENT OF PID 03-118-21-41-0017 FROM LEVY ROLL NO. 17076, IMPROVEMENT PROJECT NO. 2008-05, XERXES AVENUE AND NORTHWAY DRIVE STREET IMPROVEMENTS Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution. It was clarified that an assessment has already been paid on the subject property; if the assessment were not to be rescinded it would be like a second assessment on the property. Councilmember Yelich moved and Councilmember Lasman seconded to approve RESOLUTION NO. 2009-107 Rescinding Special Assessment of PID 03-118-21-41-0017 from 08/24/09 -6- Levy Roll No. 17076, Improvement Project No. 2008-05, Xe�es Avenue and Northway Drive Street Improvements. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Yelich reported his attendance at the following: Tuesday, August 18, Park and Recreation Commission meeting which included discussion on the Three Rivers Park District trail agreement that was approved this evening Tuesday, August 18, Kylawn Park Neighborhood Meeting Councilmember Lasman reported that emergency personnel will be honored on September 12, 2009, at the Cathedral. She stated she would like to join the Cathedral in showing her appreciation for the hard work of emergency personnel in making their city a fine place to live. She reported on her attendance at the following events: August 12, Safety Camp Graduation Celebration: third and fourth graders were trained in areas of water safety, fire safety, personal safety, and household safety. August 19, Shingle Creek Trails Meeting: Three Rivers Park District staff, City street staff, and council members were present to discuss the Three Rivers Park District trail agreement that was approved this evening. August 20, Kylawn Park Community Meeting August 21, Tree Trust Picnic at Central Park honoring youth volunteerism Councilmember Roche re orted on the followin P g The FBI is coming to Brooklyn Center, as well as the following new restaurants: Chilito s, Checkers, and Oishi. Thank you to Diane Sannes for putting the individuals opening the franchises in touch with students from Brooklyn Center High School that are looking for work. He encouraged residents to support local businesses. Thank you to the Public Works Department for the quick clean up of trees and branches following the recent storm. His attendance at the Kylawn Park Neighborhood Meeting. Thank you to Odyssey Charter School for opening up their gym for the meeting. The new edition of City Watch is available. The Earle Brown Heritage Center 20 anniversary celebration is scheduled for September 9, 2009; 2:00 to 5:00 p.m. Shingle Creek Watershed District will be meeting on Thursday, August 27 2009; 7:00 p.m. to 8:30 p.m. at Zanewood Recreation Center located on Zane and 69 Avenues. The meeting will be about clean up and reconfiguration of the creek. Councilmember Ryan reported on the following: His attendance at the August 20th Kylawn Park Neighborhood Meeting. Police Chief Bechthold chaired the meeting, reporting on the significant reduction of crime in the City. The City has successfully applied for two law enforcement grants. The next 08/24/09 -7- neighborhood meeting is scheduled for September 15, 2009, at Firehouse Park located at 65�' and Dupont Avenues. September 9, 2009, 20 Anniversary Celebration of the Earle Brown Heritage Center. Mayor Willson thanked Councilmember Lasman for filling in as Mayor Pro Tem over the past two weeks while he was on vacation. He reported that the Northwest Hennepin Human Services Council was a recipient of the Governor's Council on Faith and Community Service Initiatives 2009 Best Practices Award. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Roche seconded adjournment of the City Council meeting at 8:15 p.m. Motion passed unanimously. 08/24/09 -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 August 24, 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 September 14, 2009, Regular Session. City Clerk Mayor 08/24/09 -9- i