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HomeMy WebLinkAbout2006 05-08 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 MAY 8, 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, Assistant City Manager/Director of Operations Curt Boganey, Public Works Director /City Engineer Todd Blomstrom, Community Development Director Brad Hoffman, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. Myrna Kragness opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council. Informal Open Forum closed at 6:46 p.m. Councilmember Carmody moved and Councilmember O'Connor seconded to close the Informal Open Forum. Motion passed unanimously. 2. INVOCATION Mayor Kragness requested a moment of silence 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. 05/08/06 1 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, Assistant City Manager/Director of Operations Curt Boganey, Public Works Director /City Engineer Todd Blomstrom, Community Development Director Brad Hoffman, Planning and Zoning Specialist Ron Warren, Police Chief Scott Bechthold, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Niesen stated she gave an interview to Juanita Hoff. She thanked Lieutenant Gannon and City Manager Michael McCauley who provided information for her interview. She stated Juanita was a gracious host and she enjoyed the interview. Councilmember Carmody had nothing to report. Councilmember Lasman stated she attended the Northwest Teen Pregnancy meeting on April 25 where many organizations were present. She discussed the event and those organizations that attended. She stated she also attended the Brooklyn Center Prayer Breakfast on May 6 h , where 200 people attended. Councilmember O'Connor apologized for not attending the May 1 St meeting. She stated she was unaware of the Board of Equalization meeting. Mayor Kragness stated she also attended the Northwest Teen Pregnancy meeting and the Prayer Breakfast along with the Knights of Columbus Awards Ceremony. She stated she traveled to Austin, MN, for the Minnesota Mayors Conference where they visited the SPAM museum. She stated the theme of the conference was Crisis Preparedness and Response. She outlined the conference and areas of discussion. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Carmody moved and Councilmember Lasman seconded to approve the consent agenda and agenda, with amendments to the April 24, 2006 -Work Session minutes and the following consent items were approved as amended: 7a. APPROVAL OF MINUTES 1. April 24, 2006 — Study Session 2. April 24, 2006 — Regular Session 3. April 24, 2006 — Work Session 05/08/06 2 7b. LICENSES MECHANICAL Flare Heating 9303 Plymouth Ave N, Golden Valley Louis Degidio, Inc. 21033 Heron Way, Lakeville Absolute Heating & Cooling 1085 Brown Road S, Orono MOTOR VEHICLE DEALERSHIP R.L. Brookdale Motors 6801 Brooklyn Boulevard Brookdale Ford, Inc. 2500 County Road 10 RENTAL Renewal (There were no calls for the following properties) 4907 65 Ave N (Single Family) William Bjerke 1316 68 th Lane N Sin le Family) Valerie Blount- McKissack ( g Y) 1807 70 th Ave N Sin le Family) Rebecca Th omle ( g Y) Y 5401 France Ave N (Sing le Family) Dan g Van g 7215 Girard Ave N (Single Family) Rebecca Thomley 4214 Lakeside Ave N (Two Family, 1 Unit) James Shoultz 6907 Quail Ave N (Single Family) Tony & Carmen Holder 6724 Toledo Ave N (Single Family) Steven & Cheryl Schleif 5115 Twin Lake Blvd E (Two Family, 1 Unit) Ruth Cioni Initial (There were no calls for the following properties) 2912 69 Lane (Single Family) Joseph Feahn 2000 Brookview Drive (Single Family) Anastasia Berler 7006 Fremont Ave N (Single Family) Teto Wilson THEFT FROM VEHICLE CRIMINAL DAMAGE TO PROPERTY (There were no calls for the following properties) 7218 Grimes Ave N (Single Family) Shawn Banks 4113 Lakebreeze Ave N (Two Family, 1 Unit) Pamela Grover 5337 -39 Queen Ave N (Two Family) Ambe Funwi SIGNHANGER Fish & LaBeau Signs 3320 WinPark Dr, Crystal Signation Sign Group 6840 Shingle Creek Pkwy Motion passed unanimously. 05/08/06 3 8. APPEARANCE 8a. PRESENTATION - REPRESENTATIVES OF THE CITY OF CRYSTAL City of Crystal Mayor ReNae Bowman stated her presence to seek approval of a Resolution Calling for an Independent and Objective Study of the Crystal Airport that Identifies the Regional Cost - Benefit of Continued Operations and Opportunities for Redevelopment. She stated the resolution does not call for the closure of the airport nor are they seeking any local government funds. She stated both the resolution and proposed legislation is a response to an economic impact study and cost benefit analyses that the Metropolitan Airports Commission released in 2005. She stated these studies are flawed and outlined in the Crystal letter of response to the MAC included in the packet. She stated part of the plan calls for the introduction of four passenger jet airplanes and stated concern for the impact to the neighborhoods. She stated the City of Crystal stands to lose 350 affordable houses because the lie in red zones of the airport. She stated although the portion of the airport that lies in Brooklyn Center is small, it is environmentally significant and a sensitive area containing both wetlands and a natural wildlife habitat. She stated they believe that it is in the best interest of all parties that they seek an objective analysis of the airport and its impact of its regional economy. Mayor Kragness stated support for the resolution. Councilmember Niesen inquired about the study and asked if any of the other Councilmembers had read it. Mayor Kragness responded that she has not read the study and stated the resolution stating support is the present issue. City of Crystal City Manager Anne Norris explained that they are currently discussing the possibility of having the University of Minnesota's Center for Urban and Regional Affairs provide an independent study. She stated they have had an informal discussion with the Minnesota Department of Economic Development regarding the matter. Councilmember Niesen stated the City Council should discuss this item at a Work Session prior to voting on it because she would like a chance to talk to the City Council and air her concerns and opinion regarding the matter. City of Crystal Mayor ReNae Bowman stated by stating support for the resolution and the independent study, the Brooklyn Center City Council would have something to discuss at a Work Session. She stated money is not coming into Crystal like indicated and the money said to be coming into communities is not accurate. Councilmember Lasman stated they are asking for a study which is appropriate. Councilmember Carmody stated concern that the tone of the letter indicates that they want closure of the airport. 8b. RESOLUTION NO. 2006 -60 SUPPORTING THE COMPLETION OF AN INDEPENDENT AND OBJECTIVE STUDY OF THE CRYSTAL AIRPORT THAT IDENTIFIES THE REGIONAL COST - BENEFIT OF CONTINUED OPERATIONS AND OPPORTUNITIES FOR REDEVELOPMENT 05/08/06 4 Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006 -60 Resolution Supporting the Completion of an Independent and Objective Study of the Crystal Airport that Identifies the Regional Cost - Benefit of Continued Operations and Opportunities for Redevelopment. Councilmember Niesen requested that the Brooklyn City Council discuss the issue and create its own resolution. Mayor Kragness stated Brooklyn Center would only be supporting a study as indicated in the last sentence of the resolution. City of Crystal Mayor ReNae Bowman stated they are not supporting development of the property and are only looking for an economic study. She explained that if the airport was closed and the property sold, it would take 20 years to close out and develop the property. Councilmember Carmody stated disagreement with Councilmember Niesen and stated this is similar to the stadium tax resolution where all they are asking for is a study. Councilmember Carmody moved and Councilmember Lasman seconded to amend the previous motion where the 7 th whereas on the resolution be changed to read Brooklyn Center rather than Crystal. Councilmember Lasman suggested that the resolution read: Crystal and Brooklyn Center. Councilmember Carmody suggested that the resolution read: Crystal, Brooklyn Center, and Brooklyn Park. Councilmember Lasman agreed with Councilmember Carmody. Councilmembers O'Connor and Niesen voted against the amendment. Motion carried. Councilmember Niesen stated she would prefer that Brooklyn Center follow Brooklyn Park's lead in creating its own resolution. Councilmembers O'Connor and Niesen voted against the original motion as amended. Motion carried. 9. PUBLIC HEARING 9a. ORDINANCE NO 2006 -02 AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING SIDE YARD SETBACK REQUIREMENTS AND THE HEIGHT OF ACCESSORY STRUCTURES —THIS ITEM WAS FIRST READ ON APRIL 10, 2006; PUBLISHED IN THE OFFICIAL NEWSPAPER ON APRIL 20, 2006; AND IS OFFERED THIS EVENING FOR SECOND READING AND PUBLIC HEARING. City Manager Michael McCauley explained that Mr. Joel Wilson had a problem with eaves on a home he was building, thus causing reconsideration of the ordinance. He stated this would allow the eaves to be no more than 1/3 of the side yard setback and increase the height of accessory structures. He discussed changes in trend, including heights of garages that have effected this 05/08/06 5 situation. Councilmember Lasman moved and Councilmember Carmody seconded to open the Public Hearing on An Ordinance Amending Chapter 35 of the City Code of Ordinances Regarding Side Yard Setback Requirements and the Height of Accessory Structures. Motion passed unanimously. No public input was offered. Councilmember Lasman moved and Councilmember O'Connor seconded to close the Public Hearing. Motion passed unanimously. Councilmember Carmody moved and Councilmember Lasman seconded to adopt ORDINANCE NO. 2006 -02 Amending Chapter 35 of the City Code of Ordinances Regarding Side Yard Setback Requirements and the Height of Accessory Structures. Motion passed unanimously. 10. PLANNING COMMISSION ITEM 10a. PLANNING COMMISSION APPLICATION NO. 2006 -004 SUBMITTED BY ENDEAVOUR PROJECT DEVELOPMENT REQUESTING SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A 3,700 SQ. FT. MULTI - TENANT RETAIL BUILDING AT THE NORTHWEST CORNER OF 69 AVENUE NORTH AND BROOKLYN BOULEVARD (6901 BROOKLYN BOULEVARD). THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS APRIL 27, 2006, MEETING. Mr. McCauley stated a proposed site plan was reviewed by the Planning Commission where they have recommended approval. Public Works Director /City Engineer Todd Blomstrom stated the proposal passed the Hennepin County Traffic conditions to allow them to maintain the access onto Brooklyn Boulevard and to change the driveway access geometrics. Community Development Director Brad Hoffman stated a seating plan is not available for the coffee shop, which would determine the exact parking requirement; however, if the coffee shop is the chosen use, parking would be adequate. Councilmember Niesen stated she likes the landscaping and stated concern with the protection of the nearby residential properties. Mr. Hoffinan responded that he is aware that screening of the residential properties to the west is needed. Councilmember O'Connor stated concern for the group home and the houses near the drive aisle. 05/08/06 6 Councilmember Lasman moved and Councilmember Carmody seconded to approve Planning Commission Application No. 2006 -004 Submitted by Endeavour Project Development requesting Site and Building Plan approval to construct a 3,700 sq. ft. multi -tenant retail building at the northwest corner of 69 Avenue North and Brooklyn Boulevard (6901 Brooklyn Boulevard) subject to the following conditions recommended by 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 site improvements. p p 4. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 5. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 6. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. 7. B612 curb and gutter shall be provided around all parking and driving areas as directed by the City Engineer. 8. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 9. The applicant shall provide appropriate erosion and sediment control devices on site during construction as approved by the City Engineering Department. 10. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center current specifications and details. 11. The building shall be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 12. The applicant shall obtain an NPDES permit from the Minnesota Pollution Control Agency and provide adequate erosion control as approved by the City Engineering Department prior to disturbing the site. 13. The applicant shall provide an appropriate directional sign or signs, to prohibit west bound 05/08/06 7 traffic along the south portion of the building leading to the south access to the site. 14. The applicant shall provide appropriate information for determining the minimum required parking for this site based on a potential mixture of retail space and restaurant space. 15. Access to the site including any modifications along Brooklyn Boulevard and 69 Avenue North is subject to approval by Hennepin County Transportation Department and obtaining of the appropriate permits 16. The applicant shall obtain the necessary permits from Hennepin County to complete the proposed connection to the storm sewer system located at County Road 130 (69 Avenue North 17. The applicant shall provide a 6 ft. high opaque screen fence along the west and north property lines. Motion passed unanimously. 11. COUNCIL CONSIDERATION ITEMS 11a. RESOLUTION NO. 2006 -61 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2006 -05, 06, 07, AND 08, HUMBOLDT AVENUE AND EARLE BROWN DRIVE STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Mr. McCauley stated the resolution would award the project. He stated the bids were reasonable. Councilmember O'Connor questioned the size of the construction. Mr. Blomstrom responded the project is from 65 Avenue to 69 Avenue, approximately four blocks. Mayor Kragness read the Resolution Accepting Bid and Awarding a Contract Improvement Project Nos. 2006 -05, 06, 07, and 08, Humboldt Avenue and Earle Brown Drive Street, Storm Drainage, and Utility Improvements in its entirety. Councilmember Carmody oved and Councilmember Lasman seconded adoption of Y p RESOLUTION NO. 2006 -61 Accepting Bid and Awarding a Contract, Improvement Project Nos. 2006 -05, 06, 07, and 08, Humboldt Avenue and Earle Brown Drive Street, Storm Drainage, and Utility Improvements Motion passed unanimously. 11b. RESOLUTION NO. 2006 -62 AUTHORIZING RENTAL FEES FOR PARK SHELTERS Mr. McCauley stated the Park and Recreation Commission has studied having rental fees for reserved use of the park shelters. He stated this appears to be a common practice with other cities and would continue to allow the first person to use the park if it is not reserved. 05/08/06 8 Councilmember Lasman inquired about fees for school events and stated she would prefer to table the item until information is obtained regarding school groups using the facilities and the fees they would be charged. Mayor Kragness responded if the reserve fees are set, they should apply to all groups who wish to use the facilities. Councilmember Carmody explained that the City would still be maintaining the facilities and with the highest fee being $40, the School groups should be charged the same fees as all other users. She stated she is not in favor of tabling the item. Mayor Kragness read the Resolution Authorizing Rental Fees for Park Shelters in its entirety. Councilmember Lasman moved, Councilmember Niesen seconded to table the Resolution Authorizing Rental Fees for Park Shelters until more information on School groups is received. Councilmember Niesen stated she was under the impression the proposed fees were to apply to nonresidents only. She stated she feels she pays a lot of taxes and one of the benefits of paying those taxes should be the free use of the park facilities. Mayor Kragness and Councilmembers Carmody and O'Connor voted against. Motion failed. Councilmember Carmody moved and Councilmember O'Connor seconded adoption of RESOLUTION NO. 2006-62 Authorizing Rental Fees for Park Shelters. Councilmembers Lasman and Niesen voted against the same for reasons stated above. Motion carried. 11c. RESOLUTION NO. 2006 -63 ACCEPTING 2006 ANNUAL DEER MANAGEMENT IMPLEMENTATION PLAN REPORT AND ADOPTING THE CITY MANAGER RECOMMENDATIONS THEREIN Mr. McCauley explained that 14 deer were killed during the hunt. He recommended that the hunt be continued in 2006. Councilmember Carmody suggested that the City request assistance from the Cities of Crystal and Brooklyn Park. Assistant City Manager/Director of Operations Curt Boganey responded all of the deer in the central district on the date of the aerial survey were in Brooklyn Park; therefore they may be more inclined to participate. He stated the Metropolitan Airports Commission continues to be supportive of the efforts and had obtained their own private company to do deer removal. He stated the amount of deer in the area is continually decreasing and if it continues to decrease, he might suggest discontinuing the hunt for a year or two. Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2006 -63 Accepting 2006 Annual Deer Management Implementation Plan Report and Adopting the City Manager Recommendations Therein. Councilmember Lasman inquired about the 11 car accidents involving deer. Mr. Boganey stated the accidents were spread throughout the community and the increasing number of accidents is 05/08/06 9 another reason for the recommendation before the City Council. Motion passed unanimously. 11d. RESOLUTION NO. 2006-64 APPOINTING CURT BOGANEY AS ACTING CITY MANAGER Mayor Kragness read the entire Resolution Appointing Curt Boganey as Acting City Manager. Councilmember O'Connor inquired about the suggested compensation. Mr. McCauley explained that the suggested compensation is 95% of the current City Manager's salary to compensate for the extra duties and to bring Mr. Boganey above all department heads in which he would be supervising. Councilmember Carmody asked if a temporary Assistant City Manager would be hired. Mr. McCauley responded Mr. Boganey may need to hire a temporary Assistant City Manager to assist him in the extra duties. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006-64 Appointing Curt Boganey as Acting City Manager. Councilmember O'Connor moved to amend the resolution, compensating Mr. Boganey at a rate of 85% of the current City Manager's salary. Motion failed for lack of a second. Mr. McCauley explained that a 10% differential to supervise department heads is reasonable. He stated if the 85% were implemented, Mr. Boganey would be paid the same or less than those he is supervising. Councilmember O'Connor voted against the same. Motion carried. 11e. RESOLUTION NO. 2006 -65 DIRECTING SOLICITATION OF PUBLIC SECTOR EXECUTIVE RECRUITING FIRM PROPOSALS Mr. McCauley stated the filling of the City Manager position needs a process allowing the City Council to receive information, deal with data privacy, and check references. He stated the City Council is not readily available to perform these tasks. He stated the proposed resolution would give the City Council a chance to review two to three firms so that it can determine which it prefers. He stated this resolution would not commit the City Council to using a search firm; however it would lead them into the process so that on June 12' the City Council can interview the preferred firms. He stated he would be soliciting the firms. He stated it is not appropriate to put staff in the position to recruit, solicit and communicate the findings to the City Council. He stated it would be best if staff were isolated from the process. Councilmember O'Connor stated she would like to see if the City could get by with a City Manager and no Assistant City Manager, using it as an opportunity to save money and to tryout Mr. Boganey as the City Manager. Mayor Kragness stated the responsibility of the position could not be handled by one person. 05/08/06 10 Councilmember Carmody responded an interim City Manager's position is to keep the ship afloat and there is a lot to be considered. She stated she would like to see a firm hired. Councilmember Niesen stated that legally, the position of City Manager must be posted and applications must be taken; it cannot just be given to someone. She stated that the position of City Manager is the only position Council controls and the most important Administrative position in the City. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006 -65 Directing Solicitation of Public Sector Executive Recruiting Firm Proposals. Councilmember O'Connor voted against the same. Motion carried. 9. ADJOURNMENT Councilmember Lasman moved and Councilmember Carmody seconded adjournment of the City Council meeting at 8:24 p.m. Motion passed unanimously. City Clerk Mayo 05/08/06 11