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Home My WebLink About2010 10-11 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 OCTOBER 11, 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, and Carla Wirth, Timesaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. Will Dahn, 5733 Knox Avenue N., expressed his concern with sight pollution caused by multiple vehicles parking in R -1 and R -2 areas, which he believed impacted the health, safety, and welfare of the City. He referenced the current ordinance language and stated it is as enforceable as any ordinance that could be drafted and not vague in any manner. Jo Roberts, 6066 Shingle Creek Parkway, informed the Council of the October 26, 2010, benefit that is being sponsored by Equality, Inc. to address the issues of fair housing, domestic violence, and homelessness. Mr. Dahn continued his comments on the importance of assuring code enforcement and cautioned the Council against establishing an adverse precedence by not enforcing the current code. He commented that signs also contribute to sight pollution and should be cited if in violation of the ordinance. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 7:02 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Roche quoted John Lennon song lyrics as a personal reflection. 10 /11 /10 -1- 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, City Attorney Charlie LeFevere, and Carla Wirth, 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 Yelich seconded to approve the Agenda and Consent Agenda, as amended, to consider Item 6g, Resolution Authorizing Execution of a Cooperative Agreement for the Twin Lake Wetland 639W Improvement Project No. 2007 -09 between the Shingle Creek Watershed Management Commission and the City of Brooklyn Center, as Item l Ob, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. September 27, 2010 — Study Session 2. September 27, 2010 — Regular Session 3. September 27, 2010 — Work Session 6b. LICENSES COMMERCIAL KENNEL Cutting Edge Pet Care 4900 France Avenue N. Gentle Touch Animal Sanctuary 4900 France Avenue N. Paws Inn, LLLP 4902 France Avenue N. GASOLINE SERVICE STATION Northern Tier Retail LLC dba SuperAmerica 1901 57 Avenue N. dba SuperAmerica 6950 Brooklyn Boulevard dba SuperAmerica 6545 West River Road MECHANICAL Custom Sheetmetal of Monticello 1305 Edmonson Ave. NE, Monticello First Choice Plumbing & Heating 29948 Hi�hway & NW Isanti Massmann Gerithermal & Mechanical LLC 27944 96 Street NW, Zimmerman 10/11/10 -2- Woodland Stoves & Fireplaces 2901 E. Franklin Avenue, Minneapolis RENTAL — CURRENT RENTAL STANDARDS INITIAL (TYPE III — one-year license) 6937 Unity Avenue N Wells Bovard INITIAL (TYPE II — two-year license) 5101 -03 Xerxes Avenue N. Karen Ziegelman 160968 th Lane N. Jeremy Ziegler 720 69 Avenue N. Brett Hildreth 6813 Humboldt Avenue N. B 104 Raymond Charest RENEWAL (TYPE III — one-year license) 6349 Halifax Drive Charles Jing Bright 6819 Humboldt Avenue N. A204 William & Elsa Lind 5308 Lilac Drive N. Paul Baird RENEWAL (TYPE II — two-year license) 5408 Girard Avenue N. Gardner Properties III 4842 71 st Avenue N. Erick Dinh 5956 Beard Avenue N. Ann Cook 6315 Brooklyn Boulevard Raymond He 6343 Dupont Avenue N. Linh Nguyen RENEWAL (TYPE I — three-year license) 5209 Xerxes Avenue N. Chad Johnson 5211 Xerxes Avenue N. Chad Johnson TOBACCO RELATED PRODUCTS Northern Tier Retail LLC dba SuperAmerica 190157 th Avenue N. dba SuperAmerica 6950 Brooklyn Boulevard dba SuperAmerica 6545 West River Road 6c. RENTAL DWELLING LICENSE APPROVAL FOR PARTIAL OCCUPANCY AT GATEWAY COMMONS — 2802 AND 2806 NORTHWAY DRIVE 6d. APPROVAL OF SITE PERFORMANCE GUARANTEE RELEASE FOR SPEEDWAY SUPERAMERICA (190157 1H AVENUE NORTH) 6e. RESOLUTION NO. 2010 -136 APPROVING CHANGE ORDER NO. 2, IMPROVEMENT PROJECT NO. 2009 -18, CONTRACT 2009 -I, BASS LAKE ROAD STREETSCAPE AND REGIONAL TRAIL PROJECT 10 /11 /10 -3- 6f. RESOLUTION NO. 2010 -137 APPROVING CHANGE ORDER NO. 1 IMPROVEMENT PROJECT NOS. 2010 -05, 06, 07 AND 08, CONTRACT 2010 -B, TWIN LAKE AREA NEIGHBORHOOD STREET AND UTILITY IMPROVEMENTS 6g. THIS ITEM WAS CONSIDERED AS ITEM 10b 6h. RESOLUTION NO. 2010 -138 AUTHORIZING TRAFFIC CONTROL SIGNAL AGREEMENT NO. 96981R FOR THE INTERSECTIONS AT I -94 WITH SHINGLE CREEK PARKWAY BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF BROOKLYN CENTER Motion passed unanimously. 7. PRESENTATIONS / PROCLAMATIONS /RECOGNITIONS/DONATIONS - None. 8. PUBLIC HEARING - None. 9. PLANNING COMMISSION ITEMS - None. 10. COUNCIL CONSIDERATION ITEMS 10a. RESCHEDULE OCTOBER 18, 2010, JOINT BUDGET WORK SESSION Councilmember Lasman moved and Councilmember Roche seconded to approve rescheduling the October 18, 2010, Joint Budget Work Session to November 1, 2010, starting at 6:30 p.m. Motion passed unanimously. 10b. RESOLUTION NO. 2010 -139 AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT FOR THE TWIN LAKE WETLAND 639W IMPROVEMENT PROJECT NO. 2007 -09 BETWEEN THE SHINGLE CREEK WETLAND MANAGEMENT COMMISSION AND THE CITY OF BROOKLYN CENTER Public Works Director /City Engineer Steve Lillehaug provided an overview of the project, purpose, and key goals. He displayed a map depicting the wetland area and described the impairment to Twin Lake and Ryan Lake due to phosphorus loading from yard runoff, fertilizer, and grass clippings. Mr. Lillehaug reviewed the analysis that determined this wetland was a 10 /11 /10 -4- significant contributor to phosphorus loading and that the project would raise the elevation about 1.5 feet to sustain water in the wetland so it does not dry out and flush phosphorus into the lakes. The project would also construct a defined channel around the west side of the wetland. Mr. Lillehaug advised that this project is the highest priority in the EPA Total Maximum Daily Load (TMDL) study. Based on modeling and projections, it is anticipated this project alone will meet the targeted goal to reduce phosphorus by 750 pounds. The cost for this project is $570,000. He explained the City and Shingle Creek Watershed Management Commission applied for and received a grant in the amount of $300,000. The remaining costs will be funded by the cities of Brooklyn Center, Brooklyn Park, Crystal, New Hope, and Robbinsdale based on weighted ratios of lake frontage and contributing drainage area. The City's cost would be $29,325, or 5% of the total project. He reviewed the components of the project, anticipated time line, and recommended authorization to execute the Cooperative Agreement. The Council discussed the project and asked questions of Mr. Lillehaug who explained the wetland cannot be excavated to remove phosphorus due to vegetation impacts. It was noted the City's 2010 CIP allocated $165,800 toward this project from the Storm Drainage Utility so this estimate is well under that amount due to the grant. The Council also discussed the long -term viability of the Crystal Airport and whether it contributed to phosphorus loading in this wetland. Mr. Lillehaug explained the drainage area north of the wetland outflow consists of 1,300 acres, most in Brooklyn Park, and 300 acres of the airport drains to this wetland. He stated the watershed engineer has been working with MAC but MAC has made no monetary donation since it is a private property owner. Mr. Lillehaug stated the watershed will partner with MAC and other upstream property owners in a future project that p p p Y p J addresses the rest of the impairment. Councilmember Lasman moved and Councilmember Roche seconded to approve RESOLUTION NO. 2010 -139, Authorizing the Execution of a Cooperative Agreement for the Twin Lake Wetland 639W Improvement Project No. 2007 -09 between the Shingle Creek Wetland Management Commission and the City of Brooklyn Center. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Yelich reported on his attendance at the September 30, 2010, Riverwood Neighborhood Association meeting. Councilmember Lasman reminded everyone of the upcoming "Party of the Century" on February 5, 2011, to celebrate the City's centennial birthday. Councilmember Roche announced the October 26, 2010, benefit at the Crowne Plaza, 4 -8 p.m., sponsored by Equality, Inc. to address the issues of fair housing, domestic violence, and homelessness. He recognized the positive community impact made by Guy and Bonnie Madsen, 6401 Dupont Avenue N., who have picked up litter while on their walks to improve their health. 10 /11 /10 -5- Councilmember Roche complimented Councilmember Yelich for raising the issues on TH252. He then promoted the Brooklyn Center youth football program and the City's Park and Recreation program for its outstanding community- builder program. Councilmember Ryan reported on his attendance at the following: • September 30, 2010, Riverwood Neighborhood Association meeting. • October 9, 2010, Community Watch captain training session. Councilmember Ryan stated he will be attending the October 17, 2010, Interfaith forum at the Brooklyn Methodist Church and announced the October 19, 2010, grand opening of Ewing Square Apartments at 6220 France Avenue North. Mayor Willson stated he had nothing additional to report. 12. ADJOURNMENT Councilmember Roche moved and Councilmember Lasman seconded adjournment of the City Council meeting at 7:36 p.m. Motion passed unanimously. 10 /11 /10 -6- 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 October 11, 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 October 25, 2010, Regular Session. n City Clerk Mayor 10 /11 /10 -7-