Loading...
HomeMy WebLinkAbout2011 07-25 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 JULY 25, 2011 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 Carol Kleven, Kay Lasman, Tim Roche (arrived at 6:05 p.m.), and Dan Ryan. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, 'Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS City Manager Curt Boganey advised of the revision to the resolution for Item 8a to include a more succinct legal description. Councilmember Roche arrived at 6:05 p.m. Councilmember Ryan requested discussion of EDA Item 4a, Resolution Approving Development Agreement with Real Estate Recycling, LLC (Environmental Testing Loan), relating specifically to Article 5, Section 5.23, Indemnification, and asked whether the extensive language will protect the City from potential liability. Mr. Boganey confirmed that is the purpose. MISCELLANEOUS Councilmember Kleven reported that Brooklyn Park will be conducting a study of garbage hauling that will include public input meetings. She suggested the City follow up with Brooklyn Park to learn how their residents respond. Councilmember Kleven reported on the closing of Perkins and that a group of kidney specialists are moving into the American National University building. Councilmember Kleven asked for an update on the tap room law and potential conflict with the law governing cities with municipal liquor. Mr. Boganey explained that issue has not yet been resolved but staff has discussed the matter with the Surly Brewing Co. owner, Omar Ansari, and his advisors have agreed there is a conflict between the two statutes. Mr. Boganey explained the 07/25/11 -1- City could issue a tap room liquor license at the current Brewery site only if they build a restaurant. He stated that due to the conflict, which may have been an oversight, an amendment may be considered during the next legislative session. It was noted that past events at Surly Brewing Co. were accomplished through a temporary license with a not - for - profit organization. The Council discussed the intent of the legislation and municipalities that are able to issue a tap room license. Councilmember Lasman stated she received a second mailing from the National League of Cities, Leadership Training Institute, notifying her of the Silver Level of Achievement in Leadership Award and asking if she would attend the luncheon to claim the award. She stated she researched flights but found it may cost $1,000 or more to attend this one -day luncheon so she has decided to not attend, due to the City's tight budget. Councilmember Lasman stated she appreciates the support of the Council to attend and accept the award and asked if the Mayor would present the award at a future meeting. Mayor Willson stated he would be honored to make the presentation. Councilmember Roche thanked Councilmember Lasman for this consideration. Councilmember Roche reported the Financial Commission has an opening due to unexcused absenteeism. Mayor Willson asked staff to advertise this vacancy. Councilmember Lasman indicated she will be out of town to attend a school or job related conference and unable to attend National Night Out events. Councilmember Roche reported that his house has been sold so his last meeting will be August 8, 2011. Mayor Willson requested an update on the Shingle Creek Crossing groundbreaking ceremony. Director of Business and Development Gary Eitel stated it is his understanding the groundbreaking will be at 5:30 p.m. on either September 13 or 15, depending on the Mayor's schedule. Mayor Willson suggested September 13, 2011, since a neighborhood meeting is scheduled for September 15. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS PROPOSAL BY WINGS FINANCIAL FOR THE TERMINATION OF THE CEMENT POND/FOUNTAIN EASEMENT AND DEDICATION OF A NEW TRAIL EASEMENT Mr. Eitel summarized the history of the cement storm water and aesthetic pond and fountain at 6160 Summit Drive and changes in ownership. He then provided a presentation on the proposal by Wings Financial to remove the fountain and cement pond and dedicate the trail easement to allow the continuation of the trail /pedestrian walkway around the pond. Wings Financial would pay for the demolition and restoration, estimated at $20,000, and the EDA would be responsible for all costs associated with the reconstruction of the trail, i.e., surveying, legal costs, trail construction, and aesthetic improvement such as landscaping, as well as on -going maintenance. 07/25/11 -2- It was noted that Wings Financial would have no current or future financial responsibilities for lighting of the trail or placement of a fountain in the pond. Mr. Eitel asked whether: the Council has a sufficient understanding of the 2000 ReliaStar- Brookdale Cement Pond/Fountain easement Agreement; is willing to accept the responsibility of reconstructing/maintaining the trail around the pond; and, interested in the placement of a fountain within the pond and/or pedestrian lighting of the trail. He noted this trail is an "orphan" and a maintenance agreement for it does not exist. With regard to the fountain, he advised it may cost $45,000 to repair the existing fountain; however, it would add an amenity. The Council discussed the cost to properly repair and maintain the fountain, due to its age, and whether the funds may be better spent on a new fountain. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. ,RECONVENE STUDY SESSION Councilmember Lasman moved and Councilmember Roche seconded to reconvene the Study Session at 6:46 p.m. Motion passed unanimously. PROPOSAL BY WINGS FINANCIAL FOR THE TERMINATION OF THE CEMENT POND/FOUNTAIN EASEMENT AND DEDICATION OF A NEW TRAIL EASEMENT— CONTINUED Mr. Eitel described how the pond could become an amenity to this site, especially for those staying at Embassy Suites. He explained that a fountain would aerate the pond but additional treatment may be required to remove algae bloom and create a pristine pond. Mr. Eitel explained the agreement would remove the cement fountain and pond at the cost of Wings Financial and the question for the Council is whether to establish the trail around the pond, pedestrian scaled lighting on the east side of the pond, and a fountain. Councilmember Roche stated his support to include a fountain and incorporate the pond into the Earle Brown Heritage Center, noting it would create synergy and could become the "center" for Brooklyn Center and assist in the rebranding effort. He agreed a fountain would also present a good impression to those staying at the Embassy Suites. Councilmember Roche stated he has a sufficient understanding of the costs, supports including a fountain, and to reconstruct and maintain the trail around the pond, and add lighting. 07/25/11 -3- Councilmember Kleven concurred and stated she also supports installing a fountain. Mayor Willson supported installation of a trail and changing the lighting so it can be used for taking a stroll in the evening and placement of a fountain in the pond to create ambiance and an amenity for Embassy Suites, Earle Brown Heritage Center, and the other side. Councilmember Ryan concurred, noting it would be up to the Council whether trail improvements are completed. He stated he would like to see what can be done with pond maintenance to eliminate algae. Mr. Boganey advised that the decision relating to termination of the agreement with Wings Financial is the first and most critical decision to be made. He recapped that the Council has uniformly agreed to terminate that agreement and allow Wings Financial, at its expense, to remove the cement pool and fountain. He noted that everything else related to the trail, lighting, and fountain are at the EDA's discretion. The majority consensus of the Council was to direct staff to prepare a resolution to terminate the Cement Pond Easement and provide additional information on costs to build the trail, lighting, installing a fountain, maintenance, and operating those amenities. It was noted the Council will also need to weigh whether it should be the obligation of the EDA/City for on -going maintenance. ADJOURNMENT Councilmember Kleven moved and Councilmember Ryan seconded to close the Study Session at 7:00 p.m. Motion passed unanimously. 07/25/11 -4- 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 July 25, 2011. 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 August 8, 2011, Regular Session. I City Clerk M�a�� I 07/25/11 -5-