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HomeMy WebLinkAbout2010 06-14 CCM Study 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 STUDY SESSION JUNE 14, 2010 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Tim Roche (arrived at 6:05 p.m.), Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager /Director of Building and Community Standards Vickie Schleuning, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Yelich requested discussion on agenda item 6c, Resolution Approving Change Order No. 1, Improvement Project Nos. 2009 -05, 15, and 16, specifically in relation to how the change order came about. Public Works Director /City Engineer Steve Lillehaug explained that within a eriod of six months willow tree roots caused a section of the newly paved trail to p Y A heave, causing a significant problem. The change order was staff initiated following additional research to determine what can prevent tree roots from heaving bituminous. Councilmember Lasman requested discussion on agenda item 10a, Appointing Election Judges, specifically in relation to why full -time City employees were being appointed. City Manager Curt Boganey confirmed that the appointment includes full -time City employees, and the action by the Council would officially designate them to carry out specific duties during the election. Councilmember Roche arrived at 6:05 p.m. Councilmember Ryan requested discussion on agenda item 8a, an Ordinance Relating to Dangerous Dog Requirements, and determination of the Animal Control Review Panel whether the incident meets the threshold of that definition. Mayor Willson pointed out that the entire ordinance section defines a "potentially dangerous dog" and advised of the membership, role, and authority of the Animal Control Review Panel to make this determination based on the circumstances of the incident. Councilmember Ryan noted the requested amendment clarifies language to conform to State statutes. 06/14/10 -1- Councilmember Yelich requested discussion on agenda item 9a, Planning Commission Application No. 2010 -008, Site and Building Plan Approval for Gateway Commons, specifically in relation to the size of utility lines coming into and out of this property. Mr. Lillehaug explained that the applicant was asked to provide calculations to verify the size of utilities and once that information is submitted and reviewed, changes may be made, if warranted. Director of Business and Development Eitel advised that the 8 -inch water line is for fire protection and accommodated the original pool. Councilmember Lasman requested the following correction to the Study Session minutes of May 24, 2010: Page 2, paragraph 5, last line: Some Council Members discussed the request and indicated a preference that this type of class remain in the educational realm rather than with the Police Department or that a better referral system be used. The Council indicated no objection to a cursory examination as long as it does not absorb too many City resources if the resident attends and makes eemment at Ope F.,,,,m tenigh . Councilmember Lasman requested the following correction to the Work Session minutes of May 24, 2010: Page 2, paragraph 6, first line: The Council asked questions of Mr. Roder. It was noted that Mr. Roder had made a conscious decision to not pay property taxes and utilities and use income from this property to pay other bills. Mr. Roder stated this correct but he knew..." It was the majority consensus of the City Council to accept the correction the May 24, 2010, Study Session and Work Session minutes. MISCELLANEOUS Councilmember Lasman presented the request of the Centennial Celebration Committee to rename "Central Park" to "Centennial Park," which would memorialize the occasion of the City's centennial and remove confusion with Central Park in Brooklyn Park. She cited past precedent for changing park names. The Council discussed the request and a majority consensus was reached to expedite the request and refer the matter to the Park and Recreation Commission for review and recommendation at its June 15, 2010, meeting. The Council also requested staff to schedule a discussion at an upcoming Work Session and provide information on costs associated with such a name change. Councilmember Lasman complimented staff on the improved demarcation of the road project to alert drivers where to make turning ovement and . provide added safety. g p y 06/14/10 -2- Councilmember Lasman asked staff to inspect the large tree limb that is extending over the sidewalk at Halifax and 71 Avenues North. Mr. Boganey reviewed the process for removing a tree, if it posed an eminent safety threat, and stated a Code Enforcement Officer will inspect the property. Councilmember Roche presented the request of the Housing Commission Chair to amend the April 26, 2010, Work Session minutes to provide additional clarity and assure it is not misinterpreted that the Housing Commission Chair wanted to solicit funds. Mr. Boganey read the referenced section of the April 26, 2010, Work Session minutes and indicated there is no attribution to the Housing Commission Chair, just the Commission. Councilmember Roche said he would report the information to the Housing Commission Chair. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS ZONING CONSIDERATION RELATING TO FARMERS MARKETS Mr. Eitel re nted the amending the se consideration of the Planning Commission regarding P g g g g zoning ordinance as it relates to farmers markets. The Council discussed the duration of farmers markets and supported added language to specify "during daylight hours," which would prevent the use of artificial illumination. Mr. Boganey stated the matter before the Council is whether it supports creating a formal structure relating to farmers markets. Hours of operation is one of many details that can be addressed if the Council supports developing such an ordinance. The Council discussed each of the four policy issues put forward by the Planning Commission and reached the following consensus: 1. Does the City Council want the Planning Commission to consider changes to the administrative land use provisions that would allow farmers markets to operate on an annual 30 -week permit similar to out -of -door nursery and garden center sales and displays? The Council supported this policy question. 2. Does the City Council want the Planning Commission to consider changes to the zoning ordinance that would allow a farmers market to be located on a vacant commercial lot? The Council discussed the location of commercially zoned vacant properties and it was agreed that permission would have to be obtained from the property owner. It was acknowledged that there is an indication of success with farmers markets when operated in conjunction with existing retail versus operating from a vacant property. 06/14/10 -3- Mr. Eitel advised that farmers markets prefer sites with high visibility, high traffic volumes, and ease of access. It is also beneficial if the site has another draw, such as a CUB Store, or destination business. Mr. Boganey stated the consideration is for commercially zoned lots, which restricts farmers markets to a specific zone. In addition, language can be drafted to include size parameters. He suggested staff identify all potential vacant commercial lot locations that meet the determined criteria on a map so the Council can determine whether some locations are not desirable. The Council supported changes to the zoning ordinance that would allow a farmers market to be located on a vacant commercial lot, which are less likely to impact residential lots. ADJOURN WORK SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lasman moved and Councilmember Roche seconded to close the Work Session at 6:45 p.m. Motion passed unanimously. RECONVENE WORK SESSION Councilmember Roche moved and Councilmember Ryan seconded to reconvene the Study Session at 6:47 p.m. Motion passed unanimously. ZONING CONSIDERATION RELATING TO FARMER'S MARKETS - CONTINUED Discussion continued related to the policy issues put forward by the Planning Commission as follows: 3. Does the City Council want the Planning Commission to consider changes to the zoning ordinance that would allow farmers markets to locate within zoning districts other than commercial; such as institutional uses as government centers, regional library, schools, religious institutions, and /or parks? Mr. Eitel reviewed potential sites, other than commercial, and described how several communities have tied the operation of farmers markets into other activities, such as park programs, and tend to be more of a farmers fair, than a farmers market that sells produce. He explained that in most cases, a fee is charged that covers out -of- pocket costs but is not enough to cover the City's full cost. The Council discussed the pros and cons of a municipally -run and regulated farmers market versus allowing private enterprise to make application for farmers market sites. The Council acknowledged that the City does not currently have enough staff to organize and operate a farmers market and staff resources were better used to address redevelopment. 06/14/10 -4- The Council requested the Planning Commission draft definition criteria for "farmers market." 4. Does the City Council find the list of products which may be offered for sale at a farmers market acceptable? It was noted that seven categories were listed along with an indicator that "nothing may be sold which is prohibited under local, state, or federal law or rules." The Council discussed the need to assure that all food products sold meet health standards for consumption. Mr. Eitel clarified that the Planning Commission recommends the City's administrative use permit address only the location, parking area, and to assure a safe environment. Thus, the City would not be responsible or liable for products sold. He explained that the applicant would be responsible to assure the market is efficiently and effectively operated, and that all products sold meet local, State, and /or Federal laws or rules. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 7:00 p.m. Motion passed unanimously. 06/14/10 -5- STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, certifies: 1. That attached hereto is a full, true, and complete transcript of the minutes of a Study Session of the City Council of the City of Brooklyn Center held on June 14, 2010. 2. That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. That the City Council adopted said minutes at its June 28, 2010, Regular Session. City Clerk Mayor 06/14/10 -6-