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HomeMy WebLinkAbout2008 07-14 CCM Work Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION JULY 14, 2008 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 6:48 p.m. ROLL CALL Mayor /President Tim Willson and Councilmembers /Commissioners Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Todd Blomstrom, Community Development Director Gary Eitel, City Attorney Mary Tietjen, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember /Commissioner Yelich requested the following correction to the June 23, 2008, Work Session minutes: Paize 2. Op en bullet item under bullet No. 3: "This requirement is to be included in the policy moving forward. However, due to this ~°quir- of have bee p sly City Council approving wi& the Riverwood i v uaa vauvix� i Association's request prior to haviniz a policy in place, staff will discuss..." Councilmember /Commissioner Yelich stated his disagreement with the factual accuracy of the above statement as reflected in the draft minutes. He noted this topic was addressed in the May 27, 2008, Study Session minutes. It was noted that the open bullet item reflects the Council's discussion that the Riverwood Association did not have prior knowledge of the logo requirement. Councilmember /Commissioner O'Connor stated she would like to add a topic to the miscellaneous portion of the Work Session agenda. ADJOURNMENT Councilmember /Commissioner Lasman moved and Councilmember /Commissioner Ryan seconded adjournment of the City Council Work Session at 7:00 p.m. 07/14/08 -1- I CALL TO ORDER Motion by Councilmember /Commissioner Lasman, seconded by Councilmember /Commissioner Ryan, to reconvene the City Council/Economic Development Authority (EDA) Work Session at 8:37 p.m. Motion passed unanimously. ROLL CALL Mayor /President Tim Willson and Councilmembers /Commissioners Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Todd Blomstrom, Community Development Director Gary Eitel, and Carol Hamer, TimeSaver Off Site Secretarial, Inc. SHINGLE CREEK AND WEST MISSISSIPPI WATERSHED MANAGEMENT OPERATING BUDGET Mr. Boganey stated the Joint Powers Agreement for the Shingle Creek Watershed Management Commission provides that a member city may object to the operating budget by giving written notice to the Commission by August 1st of the preceding year. Mr. Boganey reported that staff has no objection to the proposed 2009 Shingle Creek and West Mississippi Watershed Management Commission Operating Budgets. The proposed assessments for 2009 do not exceed the assessment cap. The City representative to the Watershed Commission has indicated she would not recommend disapproval based upon her knowledge of the budget. Mr. Boganey explained if Council chooses to take no action the budgets will proceed to the Commissions for their consideration. If Council chooses to be one of the cities on record objecting to the budgets the topic should be included on the agenda of the next City Council meeting for action. It was noted that the Watershed Districts are working within the parameters of the approved cap and that the work done by the Watershed Districts is mandated. Mr. Boganey advised that the revenue source for the Watershed District budgets is the stormwater utility and does not involve a property tax levy. Councilmember /Commissioner O'Connor stated her opposition to City support of the Watershed District budgets. She pointed out that both budgets have increased by 4 Councilmember /Commissioner Lasman stated her support of the City working cooperatively to support the waterways. Councilmember /Commissioner Ryan concurred. Mr. Boganey suggested Council consider the following options: 1) Take no action; 2) Direct the City Manager to send a letter to the Watershed Districts indicating the consensus of the Council regarding the budgets; 3) Include the Watershed District budgets on the next City Council meeting agenda for Council consideration with the results of the vote communicated to the Watershed Districts. 07/14/08 -2- i The majority consensus of the City Council was to direct staff to prepare a resolution of support of the Watershed District budgets for Council consideration, and that the following information be provided to Council at the time of consideration: 1) The significant difference in each budget's allocation towards management plan expenses; 2) How each Watershed District is addressing chloride. CENTER POINTE LICENSE UPDATE Mr. Boganey provided an update on a meeting held the previous Monday with staff and the law firm representing Center Pointe Apartments. The purpose of the meeting was to address staff's position that Center Pointe Apartments is in breach of the agreement with the City. The meeting meets the requirement of providing an opportunity for clarification on the breaches and ensuring that there is not a misunderstanding before bringing the issue to the judge. Essentially, Center Pointe Apartments only took exception to staff's position that the door had not been appropriately dealt with and provided excuses for the other issues. A follow up meeting is scheduled for August 7th, and representatives of Paramark have been subpoenaed. Following the August 7th meeting it will be determined whether the next step is to go to the judge and request consideration of license revocation. Mr. Boganey reported another issue for Council to be aware of is in relation to the fence. He explained under the agreement the owner has the right to approve the final design of the fence. Just prior to the contractor being authorized to proceed with installation of the fence the owner raised some design questions, to which staff responded. The owner then indicated that they felt it was necessary to obtain the mortgage holder's approval on the waiver of the assessment, that they were unable to obtain that approval, and that they were working on the issue. The net result is that the timeline has gone beyond the deadline for the bids to be accepted. Mr. Boganey stated his understanding is that City Attorney LeFevere is in further discussions with the owner or the owner's representative about the issue of obtaining the waiver. If the waiver is obtained they will then have to negotiate with the contractor in hopes that the price will not be raised, or have the owner pay the difference. There was discussion on the following in relation to Center Pointe Apartments: Due diligence being conducted by the City will put the City in the position for the strongest reaction from the judge if consideration of license revocation is requested. Code performance standards in relation to repair of the door. Security /safety issues in relation to the necessary repairs to the door. Cost issues associated with the labor intensive staff time involved with monitoring and re- inspecting the property. MISCELLANEOUS 57TH/LOGAN AVENUES SITE Mr. Boganey reported he and Community Development Director Eitel met with a realtor representing a grocery chain that has expressed an interest in the 57th/Logan Avenues site. They are ready to come forward with a proposal for a small grocery store that would not utilize the 07/14/08 -3- i entire site; however, they would like to purchase the entire site. Mr. Boganey recommended if the City will be considering proposals, that there be a competitive process with other potential users for the site invited to submit proposals. He noted a question for consideration is what the timeline would be to consider proposals. He suggested the Comprehensive Plan review process be completed with neighborhoods engaged in order to receive feedback about the kind of development they would like to see. The City may also want to wait until better market conditions exist. It is conceivable that some type of development for the Brookdale Ford property and the adjacent property could come before the City within the next 6 to 12 months; depending on what that development is, it could have a significant influence on the best use for the 57th/Logan Avenues site. Mr. Boganey stated with all those factors to consider, looking at a single source proposal for a small grocery store without looking at others would not be his recommendation. However, if the Council would like to review the proposal he will request that the realtor bring it forward. There was discussion on the anticipated completion of the Minnesota Pollution Control Agency (MPCA) process to allow development of the site. Mr. Boganey stated they are 60 to 90 days away from wrapping things up with the MPCA in order to re- subdivide the property and be in a position to promote development of the site. Mayor Willson stated his position that the completion of the MPCA process would be the driver to the next step of development of the site. Councilmembers /Commissioners Lasman and Ryan concurred. It was noted that it would be beneficial to have citizen involvement in the Comprehensive Plan and input on the subject property. Staff was directed to provide the Council with calculations that reflect the property remaining off the tax rolls until the MPCA process is completed and alternative development options can be considered. Staff was requested to provide the Council with information from the realtor regarding purchase price for the property. Mr. Boganey replied he will determine if this is public data or if the developer would like the information to remain confidential. There was discussion on a possible open -ended RFP process once the MPCA process is completed and the land is available for development. The majority consensus was that a competitive process should be used to solicit proposals rather than acting on a single unsolicited proposal at this time. In response to concerns expressed about possible pollution resulting from canisters that were pulled from the site, Mr. Eitel explained pictures of the canisters came from the City's documentation of the original site cleanup. The MPCA has been aware of the pictures throughout the whole cleanup process on the site. 07/14/08 -4- WOOD BURNING PERMITS Councilmember /Commissioner O'Connor requested information from staff regarding wood burning in neighborhoods and the lack of knowledge by staff as to who was supposed to handle the recent request by a resident to address this issue. Mr. Boganey replied that there is a dispute of the facts. What was stated in the email about this issue and what the employee says occurred do not line up completely. Having said that, he has made it a point to ensure that all staff involved in the process are appropriately knowledgeable and trained with respect to what the ordinance requires. Also, several weeks ago it was determined that the way the City was dealing with wood burning permits and the information on the website were not in conformance with City Code requirements. The information on the website was changed and is now in line with City Code requirements. Mr. Boganey stated he anticipates that the Fire Chief would like to recommend modification to the current ordinance to some degree to make it easier to administer. However, as it stands today the ordinance is being followed as written, the information on the permits is consistent with the ordinance, and the employees have been trained to apply the ordinance properly. COMMUNITY CENTER AND PARK ISSUES Councilmember /Commissioner Lasman inquired about the status of noise issues associated with parties in parks which was discussed during the youth seminar in March. Mr. Boganey replied that seasonal park patrol employees were brought on staff this summer, and he has not heard of any issues in this area. There had also been discussion of issues associated with late night and weekend events at the Community Center. Policies and practices at the Community Center have been modified; space is no longer leased out for certain types of events on late nights and weekends, and those issues have been eliminated. ADJOURNMENT Councilmember /Commissioner Lasman moved and Councilmember /Commissioner Ryan seconded adjournment of the City Council/Economic Development Authority Work Session at 10:13 p.m. Motion passed unanimously. 07/14/08 -5- i 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 Work Session of the City Council of the City of Brooklyn Center held on July 14, 2008. 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 28, 2008, Regular Session. kid (2<'F'o al't *A j low city Clerk U Mayor i 07/14/08 -6-