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HomeMy WebLinkAbout2005 10-10 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 OCTOBER 10, 2005 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, Director of Public Works /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. Mayor Kragness opened the meeting for the purpose of Informal Open Forum. Shar Bjerke, 7020 Dallas Road, addressed the Council regarding damage done to her lawn by the City crews when they removed the tree debris from her front yard. She said she received three estimates to repair the damage. City Manager Michael McCauley said she could submit her claim and estimates to the City Clerk, and the City would then submit the claim the League of Minnesota Cities Insurance Trust. Councilmember Carmody moved and Councilmember Lasman seconded to close the Informal Open Forum at 6:50 p.m. Motion passed unanimously. 2. INVOCATION A moment of silence was offered for 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. 10110105 -1- 4. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and i Mary O'Connor. Also present were City Manager Michael McCauley, Assistant City Manager /Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Lasman expressed appreciation to the City crews for the clean -up of the tree debris from the storm damage throughout the city. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Carmody seconded to approve the consent agenda and agenda as amended, with amendments to the September 26, 2005, Study and Regular Session minutes as discussed in the Study Session, and the following consent items were approved: 7a. APPROVAL OF MINUTES September 22, 2005, Emergency Meeting; September 26, 2005, Regular, Study, and Work Session. 7b. LICENSES MECHANICAL Commercial Plumbing & Heating Inc. 24428 Greenway Ave, Forest Lake Fore Mechanical 3520 88 Ave NE, Blaine RENTAL Renewal: 5400 Irving Ave N (Single Family) Paul Choua Vue 5329 Queen Ave N (Two Family -One Unit) Alvin Stachowski 7110 Riverdale Road (Single Family) James Nelson Initial: 1604 68th Lane (Single Family) David Brooks 5301 Dupont Ave N (1 Bldg, 6 Units) Spencer Ung 5316 & 5320 Russell Ave N (Two Family) Daniel Hedlund 10110105 -2- 7c. RESOLUTION APPROVING FINAL REGISTERED LAND SURVEY FOR APPLE AMERICAN LIMITED PARTNERSHIP OF MINNESOTA — RESOLUTION NO. 2005-145 7d. RESOLUTION AWARDING A CONTRACT WITH SHORT ELLIOTT HENDRICKSON, INC. FOR PROFESSIONAL ENGINEERING SERVICES, IMPROVEMENT PROJECT NO. 2005 -05, TWIN LAKE AVENUE RECONSTRUCTION — RESOLUTION NO. 2005-146 7e. RESOLUTION AMENDING THE 2005 CENTRAL GARAGE BUDGET TO PROVIDE FOR THE EARLY ORDER/PURCHASE OF ONE TANDEM AXEL DUMP TRUCK, EQUIPMENT NO. 11G — RESOLUTION NO. 2005- 147 7f. RECEIVE AND ACCEPT REPORT ON 5013 66TH AVENUE NORTH PROPOSED SPECIAL ASSESSMENT FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNT Motion passed unanimously. 8. PLANNING COMMISSION ITEM 8a. PLANNING COMMISSION APPLICATION NO. 2005-014 SUBMITTED BY GIGI YANIS REQUESTING A SPECIAL USE PERMIT TO CONDUCT A HOME OCCUPATION THAT INVOLVES CUSTOMER TRAFFIC AT 5549 BROOKLYN BOULEVARD. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS SEPTEMBER 29, 2005, MEETING. Mr. McCauley clarified a question that was asked in the Study Session with regard to a sign in the applicant's front yard and explained the applicant had applied for and received a permit for the sign just over a month ago. He said the Special Use Application was reviewed by the Planning Commission and was recommended for approval. Councilmember O'Connor inquired if there was any cost to the applicant. Mr. McCauley responded the cost of the Planning Commission Application for a Special Use Permit is $200, but there is no annual fee or license. Councilmember Niesen raised the question of the language in the Planning Commission Information Sheet, paragraphs three and four, with the reference to the word "should" rather than "must." She inquired what the conditions, guidelines, or requirements are for granting this application and whether it is something that the Council has discretion. Mr. McCauley responded the City Ordinances set forth standards that guide the issuance of a Special Use Permit, and if an applicant complies with the standards set forth in the ordinance, then it is a 10/10/05 -3- required granting and the City cannot arbitrarily come up with criteria for the applicant's plan. He further explained that a home occupation with customer traffic requires a Special Use Permit because it is in a residential area, and there are criteria for the amount of traffic and activity conducted by the home occupation. Planning and Zoning Specialist Ron Warren addressed the Council and said the definitions for home occupations cite certain activities that aren't found in the definition for special home occupations, and, those are compared to other similar, comparable home occupations that have been granted. He said this particular application was looked at being akin to some counseling businesses, and with regard to zoning implications it was no different than a beauty salon in terms of customer traffic and hours of operation. He further said if the applicant can show that the home occupation is incidental and secondary to the residential use of the property, then it is eligible to be a home occupation if it meets the zoning criteria. He said there are certain types of home occupations that the City Council hasn't granted event with a Special Use Permit, such as automobile repair. Councilmember Niesen inquired why it was acceptable to erect a sign in her yard before approval of the home occupation. Mr. Warren responded the applicant was not operating a business in the home but conducting the operation at outside events away from the home. He said it was under that basis and that understanding that the applicant applied for and was given a sign permit. Councilmember Niesen inquired about sign requirements with relation to size and lighting. Mr. Warren responded there are two types of signs that are allowed, one for properties along major thoroughfares, which allows a six square foot sign. He continued in the non -major thoroughfare areas of the City, only a two and one -half square foot sign is allowed. He said the sign can be lighted, but cannot flash or chase if it is outside. He said she is only permitted to have one sign for which a permit is required. Councilmember Carmody moved and Councilmember Lasman seconded to approve Planning Commission Application No. 2005 -014 submitted by GiGi Yanis subject to the following conditions recommended by the Planning Commission: 1. The special use permit is granted for a home occupation involving customer traffic related to palm and tarot card readings to be conducted on an appointment only basis at 5549 Brooklyn Boulevard. The home occupation may not be altered or expanded in any way not comprehended by this application without first securing an amendment to the special use permit. 2. The special use permit is subject to applicable codes, ordinances, and regulations. Any violation thereof may be ground for revocation. 3. All parking associated with the home occupation shall be off street on improved space provided by the applicant. Vehicle parking on the property shall be in compliance with Section 19 -103, Subdivision 12, of the City Ordinances. 10/10/05 -4- 4. The hours of operation shall be between the hours of 9 a.m. and 9 p.m. Customers shall be served on an appointment only basis. 5. The applicant shall comply with the recommendations of the Building Official with respect to safety related matters following inspection of the property. 6. There is no over the counter sales of merchandise comprehended through the granting of this special use permit. Any sales related to this home occupation shall be conducted off premises. Motion . assed unanimously. Y 9. COUNCIL CONSIDERATION ITEMS 9a. PROCLAMATION DECLARING OCTOBER 16 THROUGH 22, 2005, TO BE ADMINISTRATIVE SERVICES WEEK Mayor Kragness read a Proclamation Declaring October 16 Through 22, 2005, to be Administrative Services Week. Councilmember Carmody said she had received compliments from citizens who had called City Hall for assistance after the storm and the receptionists were very helpful and responsive. Councilmember Lasman moved and Councilmember Carmody seconded adoption of a Proclamation Declaring October 16 Through 22, 2005, to be Administrative Services Week. Councilmember O'Connor voted against the same. Motion passed. 9b. RESOLUTION RECEIVING AND ACCEPTING OBSERVATIONS AND CONCLUSIONS REPORT PREPARED BY CARL H. NEU, JR. — RESOLUTION NO. 2005-148 Mr. McCauley said the report prepared by Mr. Carl Neu is the summary and minutes of the Council retreat. Councilmember O'Connor said she doesn't care to accept the report and will vote no mainly because she doesn't agree with what came up at the retreat. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2005-148 Receiving and Accepting Observations and Conclusions Report Prepared by Carl H. Neu, Jr. Mayor Kragness inquired if Councilmember O'Connor had objections to the way that it was reported or what happened at the retreat. Councilmember O'Connor said that something she said at the retreat was not in the final report, but in general she doesn't agree with a lot of the conclusions that were 10/10/05 -5- made at that retreat. Councilmember O'Connor voted against the same. Motion passed. 9c. RESOLUTION DESIGNATING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE BASIS FOR ALL INCIDENT MANAGEMENT IN THE CITY OF BROOKLYN CENTER — RESOLUTION NO. 2005-149 Mr. McCauley said the City currently uses the Minnesota Incident Management System (MIMS) which is similar to the National Incident Management System (NIMS). He stated the federal government has mandated the use of the National Incident Management System in order to be eligible to receive federal grants; and it is recommended to adopt the National Incident Management System. Mayor Kragness inquired if the City is required to file duplicate reports, one with each agency. Mr. McCauley responded that he is unaware of the reporting requirements but there is the requirement to certify that the City uses NIMS when applying for grants or declarations. He said he wouldn't want the City to not be eligible for federal grants or federal disaster grant money. Councilmember Lasman moved and Councilmember Niesen seconded adoption of RESOLUTION NO. 2005-149 Designating the National Incident Management System (NIMS) as the Basis for All Incident Management in the City of Brooklyn Center Councilmember O'Connor inquired who wrote the resolution. Mr. McCauley responded Fire Chief Boman. Councilmember O'Connor asked what the cost is of the National Incident Management System. Mr. McCauley responded he is unsure, but did not think it would be particularly significant because everyone in the state will have to use National Incident Management System protocols. Councilmember O'Connor inquired what is incident management. Mr. McCauley said it is the way in which the City structures and responds to emergencies, including training and command and response. Councilmember O'Connor referred to the resolution and said it states the federal government has to develop the system, but it doesn't state the levels below the federal government needs to develop it. Mr. McCauley responded affirmatively that the federal government develops the system and the City adopts the federal system as the standard for Incident Management. Councilmember O'Connor said the City had its own natural disaster with the September 21 storm and believes it was handled just fine locally. She said the City doesn't need any money from the federal government, and believes it is much better to handle situations from the bottom up. 10/10/05 -6- i Mayor Kragness referred to the resolution, noting the Governor of the State of Minnesota has designated the NIMS as the basis for all incident management in the State of Minnesota. She said the City is, in turn, designating the National Incident Management System. Councilmember Carmody said she supports this resolution because if something were to happen in which the City did need federal funds to clean up the infrastructure, it is important to receive those funds. Councilmember Niesen inquired about the emergency declaration. Mr. McCauley responded it was only informational; under the City Code of Ordinances, the Mayor is empowered to declare a local emergency. Councilmember Lasman referred to the resolution and said she was pleased to know that the City was working with other governmental agencies as a team on incident management on interoperable communications, consolidated action plans, and unified command structures. She further stated the City cannot work alone on emergency situations and cannot function as efficiently. Councilmember O'Connor voted against the same. Motion passed. Councilmember O'Connor inquired what would be the result of the emergency declaration. Mayor Kragness said the Mayor would be responsible to call the Governor if there were an emergency and need for assistance in the City. Councilmember O'Connor asked if the Mayor had done that (with relation to the September 21 storm). Mr. McCauley responded the Mayor had a conference call with other Mayors and the Governor regarding receiving assistance, and the State provided two trucks and some other equipment. 9d. RESOLUTION AWARDING A PROFESSIONAL SERVICES CONTRACT FOR STORM WATER MANAGEMENT PLANNING SERVICES — RESOLUTION NO. 2005-150 Mr. McCauley said there are three parts to the storm water management planning services. He said the first art is updating h management plan as required b State Statutes and to be in o f t d the local water mana eme y P p g g p q compliance with the Shingle Creek and West Mississippi Watershed Management Commission. p g PP g Mr. McCauley said the second part is storm water infrastructure maintenance planning, which includes developing a rationalized plan for how ponds in the City would be rejuvenated. He explained that ponds collect and take materials out of the water stream so there is less polluting going into the watersheds from storm events because they are captured, but that also means that the sedimentation would have to be removed from the ponds. He stated the City needs to evaluate when that would be planned and what it would cost, as well as look at a more rationalized long -term strategy such as the elimination of small ponds and the use of regional ponds. He informed that the City is responsible for private ponds even though they are private and they would have to be worked into that equation. He said this study would give the City information that can be used for capital planning and development of a long -term plan and program in establishing future storm water utility rates to fund major rehabilitation and maintenance work for public storm water ponds. He stated the 10/10/05 -7- City currently does not have that information, and it needs a system of sampling and checking to determine what stage these ponds are at so that a determination can be made as to whether or not they will need remediation sooner or later than expected. Mr. McCauley stated the third part of the contract relates to addressing local flooding problems along portions of the trunk storm sewer under Interstate 94 near 59th Avenue. He said plans need to be developed to replace this trunk storm sewer to alleviate flooding situations, and this requires specialized design work to go underneath an interstate to replace the sewer. He said Mr. Blomstrom received proposals from three firms and has recommended the proposal from Bonestroo & Associates based on its highly detailed scope of services and experience with completing similar projects, especially as it relates to the challenges associated with the pipeline under the interstate. Councilmember Niesen said any effort towards water improvement is good and inquired if this was in the budget and what length of time would be covered by the plan. Mr. McCauley responded there is money in the 2005 storm water utility budget and the proposal amount exceeds that, however, there would be funding in the 2006 budget that would be sufficient to cover the cost. He said he hopes the plan will provide a 15 to 20 year picture, and then a framework can be developed to identify when updates should occur. Councilmember Niesen asked if the watershed is involved. Mr. McCauley said it is a separate undertaking by the City because it is dealing specifically with the City's system. He said it could impact the watershed with issues such as consolidating small ponds into regional ponds. Councilmember Carmody inquired if the capital costs would be funded from the storm water utility and the maintenance costs from the General Fund. Mr. McCauley responded it would all be funded from the Storm Water Utility Fund. Councilmember O'Connor asked what the consolidating f the small ponds into regional ponds g p g P would look like. Mr. McCauley said as an example, at Centerbrook Golf Course there are series of ponds that are connected with the City of Minneapolis in a regional pond. He said the runoff from Brookdale and its surrounding area drains into the regional pond at the golf course and then works its way to the regional pond in Minneapolis. He said because of this type of large massive pond with aeration, there are no weeds and it isn't partially full. He also stated that a regional ponds could be a conceptual idea f p e or redevelopment rather than requiring a developer to put in a number of small ponds, which also means giving up valuable commercial property. He said it would be have to be reviewed whether it is feasible or cost effective to consider in long -term planning. He said Palmer Lake is also used for some regional detention. Councilmember O'Connor expressed concern with some of the small ponds and the danger for children and safety issues, noting the pond at Earle Brown Elementary School. Councilmember O'Connor asked if the pipe under Interstate 94 could be cleaned out rather than replaced and what the cost would be. Mr. Blomstrom responded that cleaning had been looked at, but the area is approximately 300 acres draining through a 30 -inch pipe and even cleaned out it is radically undersized for that large of a drainage area. He said as part of this study, the pipe size is 10/10/05 -8- what the consultant will need to determine, and it may even need to be two or three pipes crossing the roadway. With regard to cost, he said the main purpose of this part of the study is evaluating the project and estimating how much it will cost. Councilmember O'Connor asked if the City's Engineering Division could do a lot of this work rather than spending $75,000 to do planning. Mr. Blomstrom explained there are three parts to the study, and with regard to tunneling, it is a very specialized business which Bonestroo has experience with. He said Bonestroo would do the surveying, preparing plans, initial design, writing reports, and there would be a whole team involving people with different specialties in tunneling and storm water computer modeling. Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2005-150 Awarding a Professional Services Contract for Storm Water Management Planning Services. Councilmember O'Connor voted against the same. Motion passed. 9e. AMENDED RESOLUTION AUTHORIZING ADDITIONAL EXPENDITURES FOR STORM CLEAN -UP AND RESPONSE — RESOLUTION NO. 2005-151 Mr. McCauley said at the September 22 meeting Mr. Blomstrom had prepared an initial estimate of the costs of storm clean -up. He said Mr. Blomstrom has prepared an updated cost estimate, which includes more detailed information with respect to resources that the City has used. He said the resolution would increase by roughly $55,000, the authorization from $300,000 to $355, 000. He said the basic changes from the first resolution would be $5,000 more in Market Street Energy Company LLC for tree grinding and disposal and miscellaneous services from $50,000 to $100,000 based primarily on the contracts for security for the dumping site, excess fuel, overtime, and miscellaneous contractors. Mr. Blomstrom showed a PowerPoint presentation on the storm clean -up effort. He explained the progress of the City crews with regard to tree debris clean-up and said there are four crews working full -time on the clean -up. He said the pace is slower than anticipated due to the volume of debris, and crews are working block by block through the neighborhoods. He reminded that the last day for residents to place tree debris at the curb is October 10, and the public drop -off site at the former Jerry's New Market is open until Monday, October 17. He said the clean -up effort will continue through October and into November, but that does not include removal and grinding of stumps. He reviewed the preliminary cost estimates, which include equipment rentals, contractors, excess fuel, generators for the water system, security, and miscellaneous electrical repairs. Mayor Kragness inquired if the holes would be filled in the yards where there were downed boulevard trees. Mr. Blomstrom said there hasn't been much planning for that yet, but it will need to be reviewed and planned. He also explained that large equipment is operated to remove this amount of debris and there will be some rutting in the front yards. i 10/10/05 -9- Councilmember Lasman inquired about the 24 -hour dump site security and if it was needed for trucks to operate round the clock or for safety. Mr. Blomstrom said the security company has done a very good job of controlling the site and not just policing it to avoid mattresses and appliances, but also providing information and coordinating and guiding residents to where they need to dump the materials. Councilmember O'Connor raised the question of how much money is in the fund and where will the extra money come from. Mr. McCauley responded there is roughly $300,000 above the minimum fund balance in the Capital Reserve Emergency Fund, so that would be the primary source. He said the remainder would come from a source other than the Capital Reserve Emergency Fund, possibly the Utilities Fund because some of the costs relate to keeping the utilities running with emergency generators. Councilmember O'Connor inquired if the money would be spent this year and whether it would make the City below budget at the end of the year. Mr. McCauley responded there is no budget for this; but if funds are transferred from the Capital Reserve Emergency Fund, then it would be a transfer from that fund. He said if the expenses are left in the General Fund, then it would be a transfer to the General Fund which would offset the over - budget in those areas. He further stated the Council would have a resolution presented before the end of the year that would transfer the funds to cover these costs. Councilmember Carmody moved and Councilmember Niesen seconded adoption of RESOLUTION NO. 2005-151 Amended Resolution Authorizing Additional Expenditures for Storm Clean -Up and Response. Motion passed unanimously. 9f. RESOLUTION AMENDING THE SCHEDULE FOR RENTAL DWELLING LICENSE FEES — RESOLUTION NO. 2005-152 Mr. McCauley said based on the Council's discussion at the recent Work Session, he prepared two alternates for Council consideration. He said both alternates would reduce the cost for renewal of a single- family rental dwelling license and the cost for renting one side of a duplex. He said both alternates have the same fee structure for single - family and duplexes, and the differences are in the multi - family dwelling fees. He said Alternate #1 has a $200 per building plus $18 per unit fee; Alternate 42 has $250 per building plus $13 per unit. He stated both alternates raise approximately the same amount of revenue that is projected to be raised by the current fee structure. He said one of the assumptions that is based in both alternates is that there continues to be the increase in the number of single - family rental dwelling units. Councilmember Carmody inquired about the pending licenses that are on hold and how those would be affected since the proposed fees won't take effect until January 2006. Mr. McCauley explained that some of the licenses that are on hold were in response to the proposal to have a registration for a non - conforming use. He said City Attorney Charlie LeFevere's opinion has clarified that a license is not required for a structural non - conforming use. He said with respect to those licenses that are 10/10/05 -10- i i pending and are required to have a rental license, the applicant is required to pay the current fee under the current fee structure. Councilmember Niesen reviewed the two alternates with regard to the total fees for multi - family dwellings. She said if the Council thinks that multi- family complexes are better able to shoulder the costs, then it would make sense to adopt the resolution. Councilmember O'Connor agreed and suggested Alternate #1 because it brings in more revenue, but it doesn't penalize small complexes. Councilmember O'Connor moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2005-152 Amending the Schedule for Rental Dwelling License Fees (Alternate #1). Motion passed unanimously. 10. ADJOURNMENT Councilmember Carmody moved and Councilmember Lasman seconded adjournment of the City Council meeting at 8:10 p.m. Motion passed unanimously. City Clerk Ma or 10/10/05 -11-