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HomeMy WebLinkAbout2006 02-27 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 FEBRUARY 27, 2006 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 and was called to order by Mayor Myrna Kragness at 6:45 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager Michael McCauley, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Yungerberg. Myrna Kragness opened the meeting for the purpose of Informal Open Forum. Y g p g pmF p No one wished to address the City Council. Informal Open Forum closed at 6:47 p.m. 2. INVOCATION Mayor Kragness offered a prayer as the invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna Kragness at 7:00 p.m. 4. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager Michael McCauley, Public Works Director /City Engineer Todd Blomstrom, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Yungerberg. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 02/27/06 1 6. COUNCIL REPORT Councilmember O'Connor stated she attended the Park and Recreation Commission meeting where they discussed the golf course. She stated a picture of the golf course and how it would be flooded during major storms was shown and will be discussed at the Joint City Council Meeting with the Financial Commission next Monday. She stated exclusive use fees for parks and non resident fees for classes was also discussed and stated the fees should be reviewed. She stated she attended an event at Brooklyn Center High School for Black History Month. She stated she tutors children at Earle Brown School and she attended a program put on by her students. Councilmember Lasman stated she attended a Crime Prevention Program meeting on February 15, 2006, where the program voted to assist the Brooklyn Center Explorers Program to fund their competition. She stated the program has grown from eight to 12 members from last year. She reminded everyone that on April 19, 2006, the program sponsors the Police and Citizens Award Ceremony where citizens who have done a good deed are honored and given an award and the Police are given their honors. She stated a local business was featured in the Star and Tribune. Councilmember Carmody stated she also attended the Housing Commission meeting and supplied a report on the subject material. Councilmember Niesen stated she attended the Northwest Suburbs Cable Commission on February 16, 2006, where she listened to a presentation, met people, and took a tour of the facility. She stated the Northwest Cable TV and the Northwest Suburbs Cable Communications Commission each have budgets and constantly review how they can provide communication services to help build a sense of community. She stated she attended the legislative breakfast where eminent domain was discussed and the laws affecting it. Mayor Kragness stated she attended North Metro Mayors Association on February 15, 2006, where she met with Senator Dean Johnson, and Representative Erik Paulsen who discussed issues coming up in this legislative session. She stated she also attended Good Morning North Hennepin where issues such as Highway 610 and eminent domain were discussed. She stated she attended the Brooklyn Center Business Association luncheon on February 23, 2006. She discussed the Explorers Fund Raiser that she attended on February 20, 2006, to raise money for uniforms. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Carmody moved and Councilmember Lasman seconded to approve the consent agenda and agenda as amended, with the removal of Item No. 7c. Resolution No. 2006 -30 Approving Change Order No. 3, Improvement Project No. 2004 -14, Contract 2004 -H, Shingle Creek Parkway and Summit Drive Improvements and Item No. 7d. Resolution No. 2006 -31 Selecting the No Waiver Option For Statutory Tort Liability, the removal of February 13, 2006, Regular Session minutes, and the movement of Item I I b. Resolution Expressing Recognition and Appreciation for the Dedicated Public Service of Jeanie Mueller to the beginning of the agenda, and the following consent items were approved: 02/27/06 2 7a. APPROVAL OF MINUTES — Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. January 9, 2006 — Regular Session 2. February 13, 2006 — Study Session 3. February 13, 2006 — Work Session 7b. LICENSES RENTAL Initial 3201 67th Ave N Juha Rouvinen Motion passed unanimously. llb. RESOLUTION NO. 2006 -22 EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF JEANIE MUELLER Mayor Kragness presented a plaque to Jeanie Mueller expressing recognition and appreciation of her dedicated public service. Councilmember Lasman read the resolution. Councilmember Lasman moved and Councilmember Carmody seconded adoption of Resolution No. 2006 -22 Expressing Recognition and Appreciation for the Dedicated Public Service of Jeanie Mueller. Motion passed unanimously. 8. PUBLIC HEARING 1. PUBLIC HEARINGS ON IMPROVEMENT PROJECT NOS. 2006 -01, 02, 03 AND 04, CONTRACT 2006 -A, CENTERBOOK AREA NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS 8a. RESOLUTION NO. 2006 -23 ORDERING IMPROVEMENTS AND AUTHORIZING DEVELOPMENT OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NOS. 2006 -01, 02, 03 AND 04, CONTRACT 2006 -A, CENTERBROOK AREA NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS 02/27/06 3 8b. RESOLUTION NO. 2006 -24 CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2006 -01 AND 2006 -02, CONTRACT 2006 -A, CENTERBROOK AREA NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS TO THE HENNEPIN COUNTY TAX ROLLS City Manager Michael McCauley explained that there are two resolutions for consideration, one for the actual project and the second is for the special assessment for the improvements. Public Works Director /City Engineer Todd Blomstrom stated the first resolution would order the improvements and authorize the development of plans to specification for the street and utility improvements and the second resolution and public hearing would consider the certification of special assessments. He discussed existing infrastructure, project limits, project evaluation including: streets, water distribution, sanitary sewer and storm water drainage. He also discussed proposed neighborhood improvements, project CIP illustrating sources of funding, estimated expenditures, estimated revenues, special assessment payment options, preliminary project schedule, and project information and availability. He also discussed the placement of catch basins in the golf course. Councilmember O'Connor suggested a fence around the ponds that would protect children and allow for maintenance. Mayor Kragness responded fencing around ponds is not practical. Mr. Blomstrom responded the pond will be approximately four feet deep with slopes that are flat and at normal water level. He explained that if you were to slide down the slope, you would land in mud that is approximately one foot deep. He described the surrounding vegetation that makes it difficult to get into the pond. Councilmember Niesen inquired about the fence around the pond near Wicks Furniture. Mr. Blomstrom responded that particular fence was installed for a special purpose particular to that property. He explained that cost, aesthetics, and other property particulars are considered when p p p p determinin g Y safet measures. Councilmember Carmody explained that if the pond was fenced and children were climbing the fencing and if something were to happen, it is harder to get emergency personnel into the fenced pond. She stated she would be opposed to fencing around storm water ponds. Councilmember O'Connor inquired about number two in the resolution. Mr. McCauley explained that in order to have the bonds qualify as tax exempt, the City has to indicate the intent to use bond financing. He explained that if the City does not, it is not able to use Tax Exempt Financing. Councilmember Niesen moved and Councilmember O'Connor seconded to open the Public Hearing on a Resolution Ordering Improvements and Authorizing Development of Plans and Specifications for Improvement Project Nos. 2006 -01, 02, 03 and 04, Contract 2006 -A, Centerbrook Area Neighborhood Street, Storm Drainage, and Utility Improvements. Motion passed unanimously. 02/27/06 4 No public input was offered. Councilmember Carmody moved and Councilmember Lasman seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006 -23 Ordering Improvements and Authorizing Development of Plans and Specifications for Improvement Project Nos. 2006 -01, 02, 03 and 04, Contract 2006 -A, Centerbrook Area Neighborhood Street, Storm Drainage, and Utility Improvements. Motion passed unanimously. Councilmember Niesen moved and Councilmember Carmody seconded to open the Public Hearing on a Resolution Certifying Special Assessments for Improvement Project Nos. 2006 -01 and 2006 -02, Contract 2006 -A, Centerbrook Area Neighborhood Street and Storm Drainage Improvements to the Hennepin County Tax Rolls. Motion passed unanimously. No public input was offered. Councilmember Carmody moved and Councilmember Lasman seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006 -24 Certifying Special Assessments for Improvement Project Nos. 2006 -01 and 2006 -02, Contract 2006 -A, Centerbrook Area Neighborhood Street and Storm Drainage Improvements to the Hennepin County Tax Rolls. Motion passed unanimously. 9. PLANNING COMMISSION ITEM 1. PLANNING COMMISSION APPLICATION NO. 2006 -001 SUBMITTED BY JIM LAVALLE OF SP BROOKLYN CENTER, LLC. REQUEST FOR A PLANNED UNIT DEVELOPMENT AMENDMENT AND DEVELOPMENT PLAN APPROVAL FOR A 10,000 SQ. FT. MULTI TENANT RETAIL BUILDING AT 615 66 AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS FEBRUARY 16, 2006, MEETING. 02/27/06 5 9a. RESOLUTION NO. 2006 -25 REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2006 -01 SUBMITTED BY JIM LAVALLE OF SP BROOKLYN CENTER, LLC. Mr. McCauley stated when the Regal Theater Development first occurred and the Planned Unit Development was authorized it contemplated two outlots, this being the northerly of the two. He stated the Planning Commission recommended approval of the multi - tenant retail building subject to the conditions. Planning and Zoning Specialist Ron Warren stated the site is serviced by a shared access and was designed so in the Planned Unit Development in 1998. He stated parking is proposed around the perimeter of the building. He stated the developer plans to have a potential coffee shop to be located on the east end of the building with a drive through window. He stated the parking exceeds the minimum requirement by eight to nine spaces. He stated storm water would drain to the east and it is recommended that two additional catch basins be constructed. He explained that additional landscaping was recommended and the revisions have been submitted by the applicant. He stated the City Engineer has requested that the street and sidewalk easement be provided along Camden Avenue. Councilmember Niesen stated concern with the aesthetics of the drive through on the coffee shop where the plans indicated traffic will be routed around a dumpster. She stated concern with the trash collection time and the staff bringing trash to the dumpster during peak drive through time. Mr. Warren explained that the drive through will not be that busy and the establishment most likely has a process for trash removal. Mr. LaValle explained that the dumpster was placed in that location for screening purposes. He stated he does not see the proposed route for traffic as a safety concern. Councilmember Lasman moved and Councilmember Carmody seconded to adopt RESOLUTION NO. 2006 -25 Regarding Disposition of Planning Commission Application No. 2006 -01 Submitted by Jim LaValle of SP Brooklyn Center, LLC. Motion passed unanimously. 10. PRESENTATION 10a. RESOLUTION NO 2006 -26 ACCEPTING REPORT FROM OPPORTUNITY SITE TASK FORCE, THANKING OPPORTUNITY SITE TASK FORCE FOR ITS WORK, AND DIRECTING IMPLEMENTATION EFFORTS Mr. McCauley stated Tim Willson and Jeanne Messersmith would be providing an overview of the work done on the Opportunity Site. Tim Willson, Opportunity Site Task Force Chair stated the task force came together well and have strong goals. He thanked the City Council for allowing him to serve on the Opportunity Task Force. 02/27/06 6 Jeanne Messersmith thanked the City Council for allowing her to serve on the task force. She stated the theme has changed to meet the needs of the citizens and to increase the tax base. She discussed needs and changes that have taken place due to growth. She discussed the history of the changes in the area. Damon Farber stated Tom Whitlock was responsible for the construction of the guidelines. He stated all of the task force members share a passion for the property. He thanked City Staff for all their efforts on development of the report. He stated they are seeking support on the proposed strategy. Mr. Farber presented a presentation with the following highlights: Goals for Redevelopment, Task Force Vision Statement, A Long Term Vision for the Opportunity Site, and Redevelopment of the Logan and 57 Site. Councilmember O'Connor inquired about lower priced homes and apartment buildings. Mr. Farber responded by explaining the proposed level of quality and detail. Mr. McCauley explained that the guidelines are designed to have a level of relationship between space, landscaping, building materials and variations in fagade that do not allow for cheap materials. Councilmember Lasman explained that in 1998 it was suggested to move in this direction with higher density, higher quality housing. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006 -26 Accepting Report from Opportunity Site Task Force, Thanking Opportunity Site Task Force for Its Work, and Directing Implementation Efforts. Councilmember O'Connor voted against the same. Motion passed. 11. COUNCIL CONSIDERATION ITEMS 11a. CONSTITUTIONAL DEDICATION OF THE MOTOR VEHICLE SALES TAX Councilmember Carmody stated she agrees with the resolution but disagrees with the amendment. She stated she would like to see the numbers clarified and the resolution reworded. She stated she would not vote in favor of the resolution as presented and that the numbers should be changed to a range rather than a flat 40% and 60 %. She stated both highway and transit should get the money. Mayor Kragness responded the resolution says at least 40% or 60% so that the distribution is flexible. Councilmember Niesen stated agreement with Councilmember Carmody however she stated the amount of money should not be locked in and the funding should be somewhat flexible. She stated it should say the money is dedicated but not specific to percentages. Councilmember O'Connor stated agreement with Councilmember Carmody and Councilmember Niesen. 02/27/06 7 Mr. McCauley stated if the City Council wishes to have a statement of support without a formula; the statement should be clear and not truncated. He suggested that the resolution simply state support of a constitutional amendment allocating the funds to highway and transit. Councilmember Niesen, Councilmember Lasman and Mayor Kragness stated agreement with Mr. McCauley. Councilmember Niesen moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006 -27 Supporting a Constitutional Amendment for Motor Vehicle Sales Tax Dedication to Transportation. Councilmember O'Connor voted against the same. Motion passed. 11b. RESOLUTION NO. 2006 -22 EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF JEANIE MUELLER This item was moved up on the agenda following Approval of Agenda and Consent Agenda. 11c. RESOLUTION NO. 2006 -28 EXPRESSING APPRECIATION TO MR. ROBERT SHADDUCK AND JERRY'S FOODS Mayor Kragness read the resolution expressing appreciation to Mr. Robert Shadduck and Jerry's Foods. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006-28 Expressing Appreciation to Mr. Robert Shadduck and Jerry's Foods. Motion passed unanimously. 11d. SET DATE AND TIME OF JOINT WORK SESSION WITH FINANCIAL COMMISSION FOR MONDAY, MAY 15, 2006, AT 6:30 P.M. Councilmember Lasman moved and Councilmember O'Connor seconded to set date and time of Joint Work Session with Financial Commission for Monday, May 15, 2006, at 6:30 p.m. in Council /Commission Conference Room, City Hall. Motion passed unanimously. 11e. RESOLUTION NO. 2006-29 ON STADIUM VOTE Councilmember Niesen stated she was contacted by a resident urging her to support a referendum vote before a stadium tax in Hennepin County is enforced. She read her proposed resolution. 02/27/06 8 Councilmember O'Connor moved and Councilmember Niesen seconded to adopt RESOLUTION NO. 2006 -29 Declaring the City of Brooklyn's Center Support for a Referendum for any Stadium Sales Tax in Hennepin County. Councilmember Carmody stated she does not think Hennepin County should use a sales tax to fund a stadium. She stated the resolution was rushed and she does not think it is going to matter. Councilmember Niesen responded the resolution will also be going to the area legislators who will be voting. Councilmember Carmody responded the residents should speak to this. Councilmember Lasman stated support of the theory of the resolution however she does not know that it is a municipal issue. Roger Kloster, Brooklyn Center resident, suggested that the City Council pass a resolution stating its support for Hennepin County to support the current law requiring a referendum. Councilmember Carmody voted against the same. Motion passed. 11L (FORMERLY CONSENT AGENDA ITEM NO. 7C.) RESOLUTION NO. 2006 -30 APPROVING CHANGE ORDER NO. 3, IMPROVEMENT PROJECT NO. 2004- 14, CONTRACT 2004 -H, SHINGLE CREEK PARKWAY AND SUMMIT DRIVE IMPROVEMENTS Councilmember O'Connor stated the change order is going to cost a lot and the location of irrigation systems was known. Mr. Blomstrom responded that a memo included in the City Council packet explains that at the time the specs were prepared, the information to determine the location of the irrigation system was not available. Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2006 -30 Approving Change Order No. 3, Improvement Project No. 2004- 14, Contract 2004 -H, Shingle Creek Parkway and Summit Drive Improvements. Motion passed unanimously. llg. (FORMERLY CONSENT AGENDA ITEM NO. 7D.) RESOLUTION NO. 2006 -31 SELECTING THE NO WAIVER OPTION FOR STATUTORY TORT LIABILITY Councilmember O'Connor stated lawsuits against the City may exceed the maximum. Mr. McCauley stated under state law, the City may be deemed to have waived statutory limits of liability to the extent of insurance coverage without a specific statement not to waive the limits. He explained that in federal court those limits do not apply. Mr. LeFevere explained that more coverage could be purchased, however most cities do not purchase it due to the liability. 02/27/06 9 Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006 -31 Selecting the No Waiver Option for Statutory Tort Liability. Motion passed unanimously. 10. ADJOURNMENT Councilmember Lasman moved and Councilmember Carmody seconded adjournment of the City Council meeting at 9:43 p.m. Motion passed unanimously. i City Clerk M or 02/27/06 10