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HomeMy WebLinkAbout2006 05-22 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 22, 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 Mary Tietjen, 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. Councilmember Niesen moved and Councilmember Lasman seconded to close the Informal Open Forum. Motion passed unanimously. Informal Open Forum closed at 6:46 p.m. 2. INVOCATION Mayor Kragness introduced Father Bill Bueche, St. Alphonsus Church who offered 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, 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, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. 05/22/06 1 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember O'Connor stated she attended the Brooklyn Center Volunteer Fire Fighter Banquet where those with 10 and 20 years of service were honored. She stated she attended the Park and Recreation meeting where the Capital Improvement Plan for the golf course was discussed. She highlighted the Capital Improvement Plan for the golf course. Councilmember Lasman stated she attended a Crime Prevention Special meeting on May 10 th . She stated the Explorers Post completed law enforcement activities at the off site area competition. She stated three teams of four people each attended the competition from Brooklyn Center where one team took first place in the area of crime scene search. She stated the teams and their instructing officers did a great job and should be commended. She stated they discussed a new NLO and Cadet that were hired to work with the Code Enforcement department over the summer and with immigrant new comers to explain the basic ordinances of the City. She stated there was also a discussion on the Hennepin County Dispatch transition from the City of Brooklyn Center to Hennepin County where the Police Chief expressed expectation of a seamless transition. She stated on May 16 she attended the Housing Commission meeting. She stated they will be visiting individual neighborhoods within the City to make a list of amenities and updates to the property for a possible publication providing ideas to other residents of the City. She stated the Commission will start on 53 Avenue to 57 Avenue along with Logan Avenue and Lyndale Avenue. She stated she attended the Crime Prevention Golf Tournament Fundraiser on May 19 where Police Lieutenant Kevin Benner made a hole -in -one. Councilmember Carmody stated she attended the Watershed Meeting and the Technical Advisory Committee meeting where the criteria on rating the capital improvement projects was discussed. She stated the budget for 2007 was also discussed. Councilmember Niesen stated she attended the Northwest Suburbs Cable Communications Commission on May 20 where federal legislation was discussed. She explained the possibility of the Federal Government granting franchises to new video /cable providers /operators. She stated this could take away the control from the City where collected fees would be lost, jeopardizing Cable Channel 12. She stated St. Louis Park made a presentation on WIFI and discussed competing to offer wireless internet city -wide. She stated this issue will be discussed in September. She stated she spoke to Tim Gaffron regarding the City's replacement of cable equipment, and the source and probable resolution of the continuing problems with signal /transmission of City Council Meetings. She stated she spoke with a representative of Comcast who acknowledged that the wiring configuration was old but that fiber optic was not an option due to cost considerations. Both Tim and Greg Moore advised the Comcast representative that despite the age of the wiring, Comcast needs to ensure that it works. Follow -up was planned. Mayor Kragness discussed the process of dangerous dog hearings and reminded the public that the City monitors dangerous dogs. She stated on May 11 she attended the Chamber Luncheon and the open house of the new brewery on May 12 She stated on May 18 she attended the AMM's final meeting of the year and her final meeting where she received a certificate of appreciation. She stated she also attended the Brooklyn Center Volunteer Fire Fighter Banquet. 05/22/06 2 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember O'Connor requested that item 7d. be moved from the consent agenda to the regular addenda for discussion. Councilmember Lasman inquired about Councilmember Niesen's changes to the May 8 th Work Session meeting minutes. Councilmember Niesen responded that the change is in addition to the proposed minutes. Councilmember Carmody moved and Councilmember Lasman seconded to approve the consent agenda and agenda as amended, with the removal of Item No. 7d from the Consent Agenda to Council Consideration Item No. 9d and amendments to the May 8, 2006 — Regular Session minutes and May 8, 2006 — Work Session minutes as submitted by Councilmembers O'Connor and Niesen and the following consent items were approved as amended: 7a. APPROVAL OF MINUTES 1. May 1, 2006 - Board of Appeal and Equalization 2. May 8, 2006 — Study Session 3. May 8, 2006 — Regular Session 4. May 8, 2006 — Work Session 7b. LICENSES AMUSEMENT DEVICE Family Dollar #5110 2105 57 Ave North Family Dollar #4514 6223 Brooklyn Boulevard B.C. Community Center 6301 Shingle Creek Parkway MECHANICAL Anderson Heating & A/C 4347 Central Ave NE, Columbia Heights Faircon Service Company 2560 Kasota Ave, St. Paul Grendahl Mechanical Inc 6135 Kellogg Ave S, Minneapolis MOTOR VEHICLE DEALERSHIP Brookdale Metro Mitsubishi 7235 Brooklyn Boulevard RENTAL Renewal (There were no calls for service for the following) 5920 Ewing Ave N (Single Family) Carl & Wendy Linder 5347 -49 Penn Ave N (Two Family) Karen Pelak 5256 E Twin Lake Blvd (Two Family, 1 Unit) Brian Somkhan 5300 -04 Vincent Ave N (Two Family) Steven & Debra Elhardt Initial (There were no calls for service for the following) 1604 67 Lane (Single Family) Hillary Iweajunwa 5200 Howe Lane (Single Family) Kazim Adgoti 5325 Humboldt Ave N (Single Family) Linda Mitchell 05/22/06 3 5755 Humboldt Ave N (Single Family) Toan Truong 6601 Unity Ave N (Single Family) Donte Jackson 7c. RESOLUTION NO. 2006 -66 RATIFYING CANCELLATION OF MAY 15, 2006, CITY COUNCIL WORK SESSION WITH FINANCIAL COMMISSION Motion passed unanimously. 8. PLANNING COMMISSION ITEM 8a. PLANNING COMMISSION APPLICATION NO. 2006 -005 SUBMITTED BY MCDONALD'S US FOR SITE AND PLAN APPROVAL AND A SPECIAL USE PERMIT TO REDEVELOP THE EXISTING MCDONALD'S CONVENIENCE FOOD RESTAURANT INTO A NEW 78 SEAT CONVENIENCE FOOD RESTAURANT WITH A DRIVE -UP WINDOW AT 5525 XERXES AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 22, 2006 MEETING. City Manager Michael McCauley stated the requested action is to approve Planning Commission Application No. 2006 -005. Councilmember Niesen inquired about the Special Use application. Planning and Zoning Specialist Ron Warren and Mr. McCauley explained the process and particulars of a Special Use Permit in regards to this application. Councilmember Niesen requested information on the traffic flow within the site. Mr. Warren stated the access from public streets will not change much. He stated from Xerxes Avenue, the areas to the south and west are nonpublic and will serve as access to McDonald's. He discussed the current access points and the proposed changes to the current accesses and stated the number of accesses have not changed and the circulation should remain similar. He stated traffic will move in a counter clockwise fashion around the site. He stated the landscaping plan has been revised with added tress to the southeast corner of the property. Councilmember Lasman inquired about the size of the new facility and timing of construction. Mr. Warren responded the facility will seat 78 customers and will have 14 employees. He stated the construction would start as soon as the permits are issued, with a 90 day turn around time for completion. Eric Kellogg, Engineering Firm representing McDonald's stated the amount of seating will remain the same. Councilmember Niesen inquired about the possibility of the building facing the other direction, so that patrons would be looking out the windows towards the Brookdale Mall. Mr. Kellogg responded the building is designed to fit the site. He further explained that the proposed layout helps the traffic flow and keeps distance from pedestrians and the drive through traffic. 05/22/06 4 Councilmember Lasman moved and Councilmember Carmody seconded to approve Planning Commission Application No. 2006 -005 Submitted by McDonald's US for Site and Plan approval and a Special Use Permit to redevelop the existing McDonald's convenience food restaurant into a new 78 seat convenience food restaurant with a drive -up window at 5525 Xerxes Avenue North 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. 4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 5. The building is to 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. 6. An underground irrigation system shall be installed in all landscape areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 10. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center current Standard Specifications and Details. 11. 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. 12. This special use permit is granted for the convenience food restaurant proposal as indicated in this application. Any expansion or alteration of the use not comprehended by the zoning ordinance or these plans shall require an amendment to the special use permit. 05/22/06 5 13. This special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. 14. The plans shall be modified prior to the issuance of building permits to reduce the access along the west side of the site to the access road from its current 33 ft. to a maximum width of 30 ft. 15. The landscape plans shall be modified to be consistent with the landscape point system utilized by the Planning Commission for evaluating such plans. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. MAYORAL APPOINTMENT — FINANCIAL COMMISSION Mayor Kragness requested ratification of appointment of Gene Maze to the Financial Commission. She stated vacancies remain on the Financial Commission. Councilmember Lasman moved and Councilmember Carmody seconded to ratify Mayoral Appointment of Gene Maze to the Financial Commission. Motion passed unanimously. 9b. RESOLUTION NO. 2006 -67 ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2005 -18, CONTRACT 2005 -I, CENTRAL PARK BALLFIELD LIGHTING IMPROVEMENTS Mr. McCauley explained this is a previously authorized project and the resolution authorizes the installation. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006 -67 Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 2005 -18, Contract 2005 -I, Central Park Ballfield Lighting Improvements. Motion passed unanimously. 9c. PRESENTATION ON EMERGENCY MANAGEMENT PREPAREDNESS AND AVIAN FLU (CHIEF BOMAN) Chief Boman presented a PowerPoint Presentation and discussed the following: - Terms: Seasonal Flu, Avian Flu, Pandemic Flu - Planning Assumptions for Pandemic Flu - Resources for City of Brooklyn Center 05/22/06 6 Councilmember O'Connor asked what the City would do if someone in Brooklyn Center were to contract the Avian Flu. She asked if the home would be quarantined and if the City would try to locate the bird in which the virus came from. She stated concern that Brooklyn Center would be a prime location for the virus due to the abundance of birds in the City. Chief Boman responded the City would not be involved until the illness is discovered by medical personnel. He stated the County would quarantine the home if needed. He stated the only way to find out if a bird has the illness is to call the Health Department if a dead bird is found. He stated most likely it will be transmitted from human to human, not bird to human. 9d. (FORMERLY ITEM NO. 7B) RESOLUTION NO. 2006 -68 APPROVING THE MEMORANDUM OF UNDERSTANDING FOR LELS LOCAL 86 (LIEUTENANTS /SERGEANTS) AND THE CITY OF BROOKLYN CENTER FOR THE POST EMPLOYMENT HEALTH CARE SAVINGS PLAN Councilmember O'Connor asked how many employees are in Local 86. Mr. McCauley responded roughly nine to 10 and explained that this resolution pertains to the Lieutenants and Sergeants. Councilmember O'Connor stated concern that this undertaking will be a burden on the City, articular) taking care of the health care savings account after the employee p Y g retires. g Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2006 -68 Resolution Approving the Memorandum of Understanding for LELS Local 86 (Lieutenants /Sergeants) and the City of Brooklyn Center for the Post Employment Health Care Savings Plan. Councilmember O'Connor voted against the same. Motion carried. 10. ADJOURNMENT I Councilmember Carmody oved and Councilmember Lasman seconded adjournment of the City Y J Council meeting at 8:07 p.m. M ion passed un imously. 1� City Clerk W y or I 05/22/06 7