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HomeMy WebLinkAbout2006 08-14 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 AUGUST 14, 2006 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session and was called to order by Mayor/President Myrna Kragness at 8:39 p.m. ROLL CALL Mayor/President Myrna Kragness and Councilmembers /Commissioners Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were Interim City Manager Curt Boganey, Community Development Specialist Tom Bublitz, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. SOIL CONDITIONS AND RELATED ISSUES 57TH AND LOGAN AREA Interim City Manager Curt Boganey announced that Scott Tracy, the City's consultant from Tetra Tech, and Community Development Specialist Tom Bublitz were present to discuss the soil conditions and related issues for the 57 and Logan area development. Community Development Specialist Tom Bublitz stated the Phase I study and second Phase II investigation have been completed. He stated a third Phase II investigation is proposed. He discussed the areas of concern including the dry cleaner site and underground storage tanks, which have been removed from the site. He explained that during the Phase 11 investigation, volatile organic compounds were found that caused pollution including ground water contamination that was found both on and off the site. He stated between one and five gallons, most likely a lesser amount of chemicals were released and due to the water flow to the southeast were spread into the surrounding neighborhood. Mr. Bublitz discussed the role of MPCA and Administrative Liability Assurances. He stated the goal is to get as many assurances from the PCA so that further investigation will not be needed. He discussed different assurances from the MPCA and stated expected assurances from the MPCA will allow for development and addressing of the effects off site. He stated onsite soil assessments will be done relative to the risk of those soils contaminating the ground water. Mr. Bublitz discussed the installation of monitoring wells and stated water well receptor surveys will be conducted off site to locate wells in the area. He stated a public meeting will be held to discuss the issues within a 100 foot area outside the plume. He discussed soil vapors and the detection of such, being conducted to finalize the assurances from the PCA. He stated legally, the capping of wells is a State issue. He stated if a well is still working, the home can be sold as is, however if a well is not being used, it must be capped by a certified professional. 08/14/06 1 Councilmember /Commissioner Niesen stated concern for standards preventing this from happening again by existing dry cleaners. Mr. Bublitz stated new chemicals are being used; however he is not sure of the current requirements. Mr. Bublitz stated an actual source of contamination t four however under the was no d, a tank slab of the dry cleaner operation was found with a small amount of sludge material. He stated the tank may have been used to catch spilled materials. Councilmember /Commissioner Lasman inquired about the developer's actions during these investigations. Mr. Bublitz responded the City has met with the developer. He stated Steiner is aware of the issue and he believes they are comfortable with the situation. He stated the developer would most likely have to form a contingency plan to address any contaminants found during development. Councilmember /Commissioner Carmody inquired about the pollution being in the corner of the property and asked if construction can begin or if the entire parcel has to be cleared first. Mr. Tracy responded the sequencing for the site will be determined as they determine the development of the property. He stated once the method to protect the people is determined, the construction can begin. He discussed the No Further Association determination from the PCA and effects on the developer. He stated anyone who owns the property from this point forward is not responsible for the current contaminant issues. ADJOURN WORK SESSION TO EDA Councilmember /Commissioner Lasman moved and Councilmember /Commissioner Carmody seconded to recess the City Council Work Session and call to order the Economic Development Authority Meeting at 9:08 p.m. Motion passed unanimously. RECONVENE WORK SESSION The Work Session was reconvened at 9:31 p.m. SCOTT AND RENAE PROVOST, 7032 WILLOW LANE — LIMIT ON THE NUMBER OF DOGS Mr. Boganey discussed the history of the item and stated there is not a solution for the Provost's other than an ordinance amendment. He requested direction from the City Council. Mayor /President Kragness explained that the City Council worked very hard on the ordinance when it was drawn up. She explained that at that time, residents were allowed to apply for a kennel license. She stated ignorance of the law is not an excuse and she believes the Provosts were informed of the ordinance by neighbors and the Police Department. She stated it would not be fair to others who have requested a variance and been denied, to grant one to the Provosts. Councilmember /Commissioner Lasman stated agreement with Mayor Kragness. 08/14/06 2 Councilmember /Commissioner Niesen stated given the age of the poodles, she would like to see the City Council grant a special exception for the Provosts and not order the Provosts to remove the dogs from their home. She stated that the Provosts mentioned that their son would be taking the poodles with him when he moved out of the home. Councilmember Lasman responded the son was willing to take two of the dogs, leaving three dogs in the home, which would still leave them in violation of the ordinance. City Attorney Charlie LeFevere stated variances should be granted very little and are typically for the zoning code. He stated there are no variances to nuisance and general licensing provisions. He stated the City Council can change the ordinance, however all similar situated people would have to be treated the same. Councilmember /Commissioner Carmody stated the Provosts have been in violation for some time and they should be held responsible to find out what the laws are. Councilmember /Commissioner O'Connor stated concern that the ordinance states a combination of five (5) animals, which would allow for the five dogs. Mayor Kragness stated the ordinance indicates that two dogs and three cats is the maximum. Mr. LeFevere responded the language was written in the manner so that a person is allowed a maximum of two dogs and three cats. Councilmember /Commissioner Lasman stated sympathy for the Provosts; however they will have to figure out what they are going to do with the extra dogs. Councilmember /Commissioner Niesen stated the poodles are a family unit and she realizes the Provosts were wrong; however the City Council should be able to grant them a Kennel License for a limited length of time. The majority consensus of the City Council was to send a letter to the Provosts stating that at this time, the City will not change the ordinance, although sympathetic of their situation. They also indicated that the letter should indicate that the only way the City can allow them to keep the dogs would be to have an ordinance amendment, which would have to be offered to everyone in the City. Mayor/President Kragness asked that the City Council be updated on the situation in the future. CRACKER BARREL PROPERTY DISPOSITION — EDA Mr. Boganey stated the Economic Development Authority owns the property located at 5101 James Circle N, the former Cracker Barrel property. He stated he believes the EDA has an opportunity to look at this situation in a couple different ways. He stated one way would be to intervene to acquire the property in order to influence future development. He stated another way is to look at it as a single property and get it back on the tax rolls. He stated the other way to look at it is as part of a bigger picture, now that the Olive Garden is closed and available for sale and the Days Inn may also be available. He stated it is fair to say that the location is well located; however the land values are depressed for these parcels. He stated by owning more property, it would put the City in the situation to attract a development that it would not be otherwise able to attract. He stated such possibilities would be things like the Medtronic expansion. He stated in 08/14/06 3 the last week the City has been contacted by a confidential source looking for this type of land, which could be the kind of development that is a once in every 10 to 15 year opportunity. Mayor/President Kragness stated she envisions something really nice coming onto the property. She stated she would be in favor of purchasing the Olive Garden site. Councilmember /Commissioner Carmody asked if the City could advertise that all three properties may be available. Mr. Boganey discussed the possibility of using a realtor to attempt to sell the properties jointly. Councilmember /Commissioner Carmody stated concern for taking property off of the tax rolls in the school district. She stated concern that the property would be turned into something less desirable. She stated she does not want property that the City owns marketed by the same realtor as the Olive Garden site. Councilmember /Commissioner Niesen asked other Councilmembers if they were planning to consider buying the Northwest Athletic Club similar to their consideration of the Cracker Barrel property. She listed other tax exempt uses that could purchase available properties besides just Council's stated concern of a church, and stated concern that other businesses would want to sell their property because they think the City will buy it. She voiced her opinion that the recent Real Estate Recycling proposal for purchase of the 57 and Logan property for redevelopment was a lowball bid offering $1 for every $4 the City invested, and cited the sophistication level of real estate developers. Mr. Boganey stated the property can be sold with conditions to prevent undesirable tenants. Councilmember /Commissioner Niesen stated opposition to the City takin on new real estate efforts due to Council and staff s commitment to the development of the 57 and Logan property and ongoing Opportunity Site work. She stated she would vote against proposals to purchase business properties outside those areas and opined that if the EDA had excess funds, staff should propose and Council should consider removing various TIF properties within TIF District 3 and allowing that money to begin flowing to the City, the County, and affected school districts. Mayor/President Kragness suggested that the item be moved to the next meeting since a consensus is not going to be reached tonight. Mr. Boganey stated a decision can wait two weeks. He stated there may be other interest in the Olive Garden site; therefore that property may be unavailable, which may not be a negative thing. Councilmember /Commissioner Lasman stated she was not in favor of purchasing the property; however she changed her mind when she heard that someone may be interested in the entire property. Mr. Boganey stated the interest is legitimate; however they are looking at other cities and must remain confidential. He stated the confidential party would need a minimum of two of the parcels. He stated by controlling it and owning it, the City may be able to make them an offer they could not refuse. 08/14/06 4 Councilmember /Commissioner Carmody recommended that the For Sale sign be placed on the property to see what parties are interested. It was the majority consensus of the City Council to place the For Sale sign on the Cracker Barrel site. Councilmember /Commissioner Niesen requested the current property taxes being paid and property value along with building value be reported on the next property update. REVIEW DRAFT LETTER TO ATTORNEY JILL WAITE This item was discussed at the City Council Study Session. CONSIDER REQUEST FROM LANG NELSON ASSOCIATES INC. TO ALLOW BANNERS IN THE CITY OF BROOKLYN CENTER The City Council discussed the various banners hung throughout the City. It was the majority consensus of the City Council to consider making amendments to the ordinance in regard to banners. Mr. Boganey stated Staff would review options in the ordinance for decorative banners on private properties. Councilmember /Commissioner Niesen stated favor that Lang Nelson be allowed signage. She stated the CVS Pharmacy sign is intrusive. She stated she would like restriction on the brightness of signage. MISCELLANEOUS There were no miscellaneous items discussed. ADJOURNMENT Councilmember /Commissioner Lasman moved and Councilmember /Commissioner Carmody seconded adjournment of the City Council/Economic Development Authority Work Session at 10:40 p.m. M 'on passed un imously. City Clerk M 08/14/06 5