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HomeMy WebLinkAbout2002 03-25 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 MARCH 25, 2002 WEST FIRE STATION — TRAINING ROOM 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum at 6:17 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Bob Peppe, and Tim Ricker. Councilmember Ed Nelson was absent and excused. Also present were City Manager Michael McCauley, Assistant City Manager Jane Chambers, and Deputy City Clerk Maria Rosenbaum. Mayor Kragness stated that this time is an opportunity for citizens to address the Council on items which are not on the agenda and that this time is not televised. This time is not to be used to make personal attacks, air personality grievances, make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with the citizens and questions from the Council will be for clarification only. This time will not be used for problem solving or reacting to the comments made, but rather for hearing the citizens for informational purposes only. Mayor Kragness suggested that each citizen address the Council and make their statement brief since they were all discussing the same issue. The following addressed the Council to oppose option two for the France Avenue relocation which had been previously chosen by the City Council at the November 27, 2000, meeting: Paul Oman, 5239 East Twin Lake Boulevard Bobbie Simons, 4210 Lakebreeze Avenue Brian Berger, 3937 51" Avenue North Jerome Johnson, 5333 East Twin Lake Boulevard Diane Niesen, 5107 East Twin Lake Boulevard Pat Cross, 3800 52 °d Avenue North Merlin Cross, 3800 52 °d Avenue North Maurice Britts, 4819 Lakeview Avenue Penny Brown, 4819 Azelia Avenue North 03/25/02 -1- Dale Grover, 4113 Lakebreeze Avenue J. Vollie Grover, 4113 Lakebreeze Avenue Charles Nichols, 4812 Lakeview Avenue Bob Hill, 4701 Twin Lake Avenue Wayde Lerbs, 5107 East Twin Lake Boulevard Steve Spaid, 3850 Oak Street Phil Roche, 5301 Brooklyn Boulevard Roni Brunner, 4701 Twin Lake Avenue Mr. Oman informed the Council that he believes he has new evidence of lies that had been presented to the Council and asked that the Council reconsider their vote from November 27, 2000, meeting. Ms. Simons requested that the Council eliminate option two and consider option three of the four options that had been presented to the City Council. Ms. Niesen showed three overheads that had been presented to the Council at previous meetings and expressed that the Council needs to revisit this issue. She believes the Council was rushed to judgment with the decision for the France Avenue relocation and that the Council needs to review the costs and revote on the issue. Ms. Britts expressed that she believes the Council should reconsider option two and choose option three. Ms. Brown discussed that she owns an apartment building in the area and is against the traffic on Azelia Avenue. Mr. Grover discussed that he believes the Council should consider option three, and that option three would be more beneficial. Ms. Grover asked the Council to consider option three. Mr. Nichols stated that he is considering long -term costs of the project and the cancer concerns. Mr. Hill requested that the Council reconsider the options and revote on the issue. He believes that the Council was pressured by the Minnesota Department of Transportation (Mn/DOT) and that the Council needs to stand up to Mn/DOT. Mr. Lerbs informed the Council that he has no financial stake or political aspiration. His issue is safety. He discussed a letter from Mn/DOT regarding the Shingle Creek Watershed issue relating to a roadway and suggested that the Council research this issue with the City Attorney. He asked that the Council take the opportunity to change, what be believes, has gone wrong, and informed the Council that he had approximately 1,000 reports if they wanted help with research. 03/25/02 -2- Mr. Spaid requested that the Council consider option three. Mr. Roche discussed that he was at the City Council meeting on February 25, 2002, which discussed the meeting of March 12, 2002, and that he had not received any notification of the meeting for March 12, 2002. Ms. Brunner discussed concerns she had with the groundwater under the Joslyn site and asked that the Council bring this issue back for another vote to avoid potential liabilities. Mr. Hill questioned if any action would be taken on this item and if not what they would have to do to have some action taken on this issue. Councilmember Peppe informed the citizens that the Council cannot take action on this issue until all approvals are submitted to the Council. Ms. Niesen expressed concern about the work progressing on the railroad and questioned if Mn/DOT will be notified of the issues that are going on with this project. City Manager Michael McCauley informed the Council that he could advise Mn/DOT the Council's target date for making a final decision with respect to the proposed Azelia Avenue extension. The Council consensus was that the matter be placed on the April 22, 2002, agenda for consideration of approval upon receipt of the required environmental permits. ADJOURN INFORMAL OPEN FORUM There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn Informal Open Forum. Motion passed unanimously. 2. INVOCATION A moment of silence was offered. 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 7:01 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Bob Peppe, and Tim Ricker. Councilmember Ed Nelson was absent and excused. Also present were City Manager Michael McCauley, Assistant City Manager Jane Chambers, Community Development Director Brad Hoffman, City Engineer Todd Howard, City Attorney Bob Vose, and Deputy City Clerk Maria Rosenbaum. 03/25/02 -3- 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Ricker reported that he attended the Housing Commission meeting on March 19, 2002, and that the topic discussed was the rental ordinance. Councilmember Peppe reported that he attended the Park and Recreation Commission meeting on March 19, 2002, and that the commission continues to discuss the grand opening of the Community Center that will be held on June 30, 2002, from 1:00 p.m. to 5:00 p.m. The Commission also discussed the Shingle Creek Watershed clean up scheduled for April 20, 2002, skateboard parks, and the Commission Recognition Event to be held on April 15, 2002. Councilmember Lasman reported that she attended the National League of Cities Conference in Washington D.C. March 8 through 12, 2002. She shared informed received at the sessions she attended and informed the Council that she thought the conference was very positive. On March 17, 2002, she attended the Heritage Festival, and on March 19, 2002, she attended the Northwest Hennepin Human Rights Art Contest and the Crime Prevention meeting. Mayor Kragness discussed the Northwest Hennepin Family Services Collaborative will sponsor a Children's Defense Fund on April 25, 2002, 6:30 p.m. at the Riverview United Methodist Church. She reported that the construction at Marshall Field's may be starting on April 15, 2002. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the agenda and consent agenda. Motion passed unanimously. 7a. APPROVAL OF MINUTES There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the minutes of the March 11, 2002, regular session, March 13, 2002, study and regular sessions, and March 18, 2002, general work session with Commission Chairs. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the following list of licenses. Motion passed unanimously. 03/25/02 -4- MECHANICAL Albers Mechanical Service Inc. 200 West Plato Boulevard, St. Paul Allied Fireside 2700 Fairview Avenue North, Roseville Assured Heating A/C 514 Jefferson Highway, Champlin Auto Garage Door & Fireplace 9210 Wyoming Avenue North, Brooklyn Park Blaine Heating & A/C, Elec. Inc. 13562 Central Avenue NE, Ham Lake Centraire Heating & A/C 7402 Washington Avenue South, Eden Prairie Condor Fireplace & Stone 8282 Arthur Street NE, Spring Lake Park Cronstrom's Heating & A/C 6437 Goodrich Avenue, St. Louis Park Countryside Heating & Cooling 6511 Highway 12, Maple Plain Dependable Indoor Air 2619 Coon Rapids Boulevard NW, Coon Rapids Ditter, Inc. 820 Tower Drive, Medina Fore Mechanical 3520 88th Avenue NE, Blaine Golden Vallley Heating 5182 West Broadway, Crystal Guyer's Builder's Express 13405 15' Avenue North, Plymouth Hansen Heating, Inc. 16218 Eveleth Street, Ham Lake Home Energy System 15200 25th Avenue South, Plymouth McDowall Company P O Box 1244, St. Cloud M & D Plumbing & Heating Inc. 11050 26th Street NE, St. Michael The Maintenance Team Inc. 5599 West 78th Street, Edina Maple Grove Htg & A/C 401 County Road 81, Osseo Metropolitan Mech Contractors 7340 Washington Avenue South, Eden Prairie Modern Heating & A/C 2318 First Street NE, Minneapolis P & H Services Co 1601 67th Avenue North, Brooklyn Center Quality Refrigeration 6237 Penn Avenue South, Richfield Residential Heating & A/C 1815 East 41st Street, Minneapolis Riccar Heating & A/C 2387 Commercial Boulevard NW, Andover River City Sheet Metal Inc. 9928 Bluebird Street NW, Coon Rapids Ron's Mechanical 12010 Old Brick Yard Road, Shakopee Rouse Mechanical 7320 Oxford Street, St. Louis Park Sedgwick Heating & A/C 8910 Wentworth Avenue South, Minneapolis Sharp Heating & A/C 4854 Central Avenue NE, Columbia Heights Standard Heating & A/C 410 West Lake Street, Minneapolis Suburban Air Conditioning 1290 B Osborne Road NE, Fridley Superior Heating, A/C & Elec. 2132 2nd Avenue North, Anoka Total Comfort 12800 Hwy 55, Plymouth Vogel Sheetmetal Inc. 10684 Lansing Avenue North, Stillwater Wenzel Heating & A/C 4131 Old Sibley Memorial Hwy, Eagan Yale Inc. 9649 Girard Avenue South, Minneapolis 03/25/02 -5- RENTAL Renewal: Ryan Terrace Apts (3601 47th Ave N) Robert Carpentier 3715 69th Avenue North Gary Olson 5401 Brooklyn Boulevard Northport Properties 5407 Brooklyn Boulevard Duane Orn 4902 France Avenue North William Dudley 5200 France Avenue North Christian Knutson 3819 France Place Robert Lindahl 1513 Humboldt Place North Daystar Investments, Inc 1549 Humboldt Place North Daystar Investments Inc 4204 Lakebreeze Avenue North Kathy Nguyen Initial: 3807 61st Avenue North Toshie Metzger 7c. RESOLUTION APPROVING ISSUANCE OF AN ON -SALE, CLASS D INTOXICATING LIQUOR LICENSE TO VALLARTA'S #1, DBA VALLARTA'S MEXICAN RESTAURANT RESOLUTION NO. 2002-40 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING ISSUANCE OF AN ON -SALE, CLASS D INTOXICATING LIQUOR LICENSE TO VALLARTA'S #1, DBA VALLARTA'S MEXICAN RESTAURANT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7d. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECT NOS. 2002 -01, 02, AND 03, SOUTHWEST AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 2002-41 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECT NOS. 2002 -01, 02, AND 03, SOUTHWEST AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS 03/25/02 -6- The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (SOUTHWEST CORNER OF 57 AND LOGAN AVENUES NORTH) Mr. McCauley informed the Council that the plat had not been filed and requested the Council to table this item to the April 8, 2002, meeting. There was a motion by Councilmember Lasman, seconded by Councilmember Ricker to table this item to the April 8, 2002, meeting. Motion passed unanimously. 8b. AN ORDINANCE AMENDING SECTIONS OF CHAPTER 12 OF THE BROOKLYN CENTER CODE OF ORDINANCES RELATING TO THE LICENSING OF RENTAL PROPERTIES Mr. McCauley discussed that this proposed ordinance amendment is a technical amendment that had been drafted and recommended by the City Attorney and the City Prosecutor and advised the Council that the City's Prosecuting Attorney Bill Clelland was available to discuss the proposed amendment. Mr. Clelland addressed the Council to provide an overview of the proposed amendment that would give the City more flexibility to suspend or revoke, a portion, not the entire rental property, define punishments, and clarifies matters that may come up at a later time. He informed the Council that this proposed amendment addresses detail that was lacking and that he believes this amendment is appropriate and provides guidance. Mayor Kragness asked Mr. Clelland to clarify the following statement: Violations may be cited by the City and prosecuted, and license suspension, revocation or non - renewal may be undertaken by the City whether or not a compliance order has been issued. Mr. Clelland said that this statement is not new, it is already addressed in Chapter 12, he believed Section 12 -1205. There are property owners that do not address violations until City inspections and that staff is usually good about working with the owners. The City is not to be responsible for maintaining rental properties. Councilmember Lasman questioned what the outcome of the meeting was with the property owners and who else might have attended the meeting. Mr. McCauley informed the Council that the property owners, Housing Commission, and ARM had discussed the proposed amendment. The property owners disagreed with some of the proposed ordinance. The Housing Commission was in favor of the ordinance. ARM took no position. 03/25/02 -7- There was a motion by Councilmember Lasman, seconded by Councilmember Ricker to continue the Public Hearing. Motion passed unanimously. Jim Sodderberg from Melrose Apartments, 6401 Camden Avenue North, addressed the Council to express that he thinks more time is needed to come up with solutions for this ordinance. He suggested a collaborative effort with the City of Brooklyn Park and that the Council table this item for another 30 to 60 days to address concerns about the vagueness of language. I Mark Yelich, Housing Commission Chair, discussed that the Housing Commission unanimously approved and recommended the proposed amendment as written. He discussed there will be future actions to be reviewed and that he does not see any reason to delay this matter. Janine Atchison, 5907 June Avenue North, addressed the Council to express that she still disagrees with Section 12 -910 and that she would be willing to work with City staff to set standards and conditions. Mr. McCauley talked about phase two of this matter and informed the Council that interested parties will be involved in phase two before presenting an actual ordinance for Council introduction. Councilmember Ricker questioned Ms. Atchison if she was comfortable with the statement in the proposed amendment that reads: Violations may be cited by the City and prosecuted, and license suspension, revocation or non - renewal may be undertaken by the City whether or not a compliance order has been issued. Ms. Atchison stated that she did not have a problem with that statement. Councilmember Peppe questioned whether or not the City of Brooklyn Center should be involved with the City of Brooklyn Park. He believes there might be advantages to work with a partnering City. Councilmember Ricker agreed that he thought working with the City of Brooklyn Park would be a good idea and that it would be nice to develop a coalition on rental changes. Mr. Sodderberg informed the Council that the City of Brooklyn Park will have a meeting on March 28, 2002, at 9:30 a.m., if anyone was interested in attending the meeting. Frank Lang, CEO of Earle Brown Crossings, addressed the Council to discuss that he is much in favor of the proposed amendments and believes that the City of Brooklyn Center should work with the City of Brooklyn Park to have some similarities with multi- housing. Mr. Lang asked that more time be allowed for the language to be modified. The Sterling Square Apartment Owner addressed the Council to discuss that he recently took over at Sterling Square Apartments and that he does not know all of the rental issues. He urged the Council to continue this matter until it collaborates with the City of Brooklyn Park. 03/25/02 -8- I Councilmember Ricker stated that he hears the concerns and believes that matter should be tabled to the April 8, 2002, meeting. Mayor Kragness questioned if the proposed amendments were approved and once the meetings had taken place more amendments were needed if the Council would be able to amend the ordinance again. Mr. McCauley discussed that the Council can amend an ordinance at anytime. Councilmember Peppe concurred that talking with the City of Brooklyn Park to get an idea of what they are working on would be an idea he would like to pursue so that the City of Brooklyn Center could be on the same track. Councilmember Ricker stated that he believes getting on the same track would be beneficial to the City. There are a lot of details involved and the City should work with the City of Brooklyn Park. He again suggested tabling this item. Councilmember Ricker questioned the urgency relating to this proposed amendment. Mr. McCauley informed the Council that the contemplating of revoking a license would be better served to have this ordinance established. Mr. Clelland discussed the serious process for revoking or suspending a license and that a great deal of reason was built in the proposed amendments for the current situation that the City is facing. City Attorney Bob Vose discussed that as written in a letter addressed to Mr. Clelland, Attorney Charlie LeFevere is comfortable with the language as written. Kris Lawrence- Anderson, 5213 Eleanor Lane, addressed the Council and shared that she is a Housing Commission Member and is upset about the things she is hearing about this matter. She would like the City to be cleaned up and believes that the ordinance should be adopted now as written. There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. Councilmember Lasman stated that she would like to see this proposed amendment passed at this time since the Housing Commission and the City Attorneys have recommended approval and that she respects the property owners and others who have spoke in regards to this matter and would like to see continued discussions. Councilmember Peppe agreed with Councilmember Lasman and would like to work with the City of Brooklyn Park at refining the ordinance. ORDINANCE NO. 2002-03 Councilmember Lasman introduced the following ordinance and moved its adoption: 03/25/02 -9- AN ORDINANCE AMENDING SECTIONS OF CHAPTER 12 OF THE BROOKLYN CENTER CODE OF ORDINANCES RELATING TO THE LICENSING OF RENTAL PROPERTIES The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Peppe. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. PROCLAMATION DECLARING APRIL 2002 CHILD ABUSE PREVENTION MONTH Mayor Kragness read the proclamation. A motion by Councilmember Lasman, seconded by Councilmember Peppe to adopt Proclamation Declaring April 2002 Child Abuse Prevention Month. Motion passed unanimously. 9b. RESOLUTION AMENDING THE 2002 CENTRAL GARAGE BUDGET TO PROVIDE FOR THE PURCHASE OF ONE 1500 GPM FIRE APPARATUS AND CALLING FOR BIDS Mr. McCauley discussed that this resolution would amend the 2002 Central Garage Budget to provide for the purchase of one 1500 GPM fire apparatus. The 1500 GPM diesel pumper fire apparatus was scheduled for replacement in 2004 but due to the deteriorating and unsafe condition of the present 1982 fire apparatus it is suggested to be replaced this year. It is possible for the City to purchase a fire apparatus manufactured in 2002 and have it delivered in late 2002 for approximately $280,000. This would be a savings of approximately $40,000 over purchasing in 2004. There is sufficient cash in the fire portion of the Central Garage to make the purchase, but additional funds will need to be identified to replace the difference between the accumulated depreciation for this piece of equipment and its cost. RESOLUTION NO. 2002-42 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 2002 CENTRAL GARAGE BUDGET TO PROVIDE FOR THE PURCHASE OF ONE 1500 GPM FIRE APPARATUS AND CALLING FOR BIDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9c. RESOLUTION APPROVING PLANS FOR TEMPORARY SIGNAL AT 50 AVENUE AND HIGHWAY 100 03/25/02 -10- Mr. McCauley discussed that this resolution would approve a temporary signal at the intersection of 50''' Avenue and Highway 100 that includes constructing a left turn lane on northbound Highway 100 and closing off 50' Avenue east of Highway 100. i Councilmember Ricker questioned if a timer or sensor will trigger the intersection. City Engineer Todd Howard informed the Council that there would be no loop detectors and that Mn/DOT may use microwave detectors. He stated that Mn/DOT would keep the traffic moving on Highway 100 during the temporary signal. RESOLUTION NO. 2002-43 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS FOR TEMPORARY SIGNAL AT 50 AVENUE AND HIGHWAY 100 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9d. RESOLUTION AMENDING THE SCHEDULE FOR COURTESY BENCH LICENSE FEES AND SETTING FEES FOR COURTESY BENCH INSPECTION AND PERMIT FEES Mr. McCauley discussed that the City Council adopted Ordinance 2001 -06 on April 23, 2001, which included language that a resolution would be adopted by the City Council setting inspection and permit fees. This resolution would amend the City's current fee schedule and set the courtesy bench inspection fee at $50 and the permit fee if the application is approved at $30. RESOLUTION NO. 2002-44 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE SCHEDULE FOR COURTESY BENCH LICENSE FEES AND SETTING FEES FOR COURTESY BENCH INSPECTION AND PERMIT FEES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9e. RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS Mr. McCauley discussed with the sell -off of Firstar Bank assets, the Bremer Banks added a presence in the City of Brooklyn Center and have requested status as a designated depository. This resolution would identify Bremer Bank as a designated depository for 2002. 03/25/02 -11- RESOLUTION NO. 2002-45 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 10. ADJOURNMENT There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the City Council meeting at 8:15 p.m. Motion passed unanimously. t City Clerk Mayor 03/25/02 -12-