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HomeMy WebLinkAbout1996 06-24 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 JUNE 24, 1996 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kristen Mann, and Charles F. Nichols, Sr. Also present were City Manager Michael J. McCauley, Director of Public Services Diane Spector, Planning & Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Council Secretary Lori Ende. OPENING CEREMONIES The invocation was offered by Dean Nyquist. COUNCIL REPORT Mayor Kragness congratulated the two newest members named to the Brooklyn Historical Hall of Fame: Dean Nyquist and Tom Shinnick. Councilmember Carmody informed the Council that she recently attended a League of Minnesota Cities conference and is interested in discussing some of the topics with the Council at its next work session. Councilmember Carmody also commended Dayton's and Mervyn's of California on a job well done in their clean-up day of the Arboretum. PRESENTATION BY STATE REPRESENTATIVE PHIL CARRUTHERS State Representative Phil Carruthers addressed the Council regarding issues recently discussed in the legislative session and made available to the Council copies of important legislation passed, many of which were issues brought forth from cities and governmental units. He stated that this last legislative session regarding the city transit and special assessment issues is good for the City of Brooklyn Center. He discussed current issues involved with the City and what the legislature can do with regard to these issues, including efforts to keep apartments, property, and streets up -to -date. Councilmember Nichols inquired as to the veto on the pond. He asked whether or not the City of Brooklyn Center will be able to apply for funds again when money is available. State Representative Carruthers stated the veto included the Hennepin Community Works project. He has received numerous calls from residents on Humboldt Avenue with regard to that project and suggested that residents should be advised of the status of Hennepin Community Works. 06/24/96 - 1 - State Representative Carruthers went on to list other bills within the legislature, one which authorizes the City to close businesses that are operating under non - compliance ordinances because of code problems or conducting illegal types of businesses. He noted that the legislature voted not to proceed with a new airport in Dakota County. State Representative Carruthers also discussed the current situation with Brookdale Center. He stated there was a bill for tax increment financing for Maple Grove to build a new mall. The bill was defeated. He stated he would not support a taxpayer subsidy in Maple Grove for a new mall when there is one in Brooklyn Center. A final note by State Representative Carruthers, there were no tax increases passed and the State ended up with a reserve of funds. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Mann and seconded by Councilmember Carmody to approve the June 24, 1996, agenda and consent agenda passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Mann and seconded by Councilmember Carmody to approve minutes of the May 20, 1996, Special Work Session and the June 10, 1996, Regular Session as printed passed unanimously. ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES REGARDING LIQUOR LICENSING• AMENDING SECTION 11 -609 BY DELETING PARAGRAPHS 6 AND 10 A motion by Councilmember Carmody and seconded by Councilmember Mann to approve the first reading of An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor Licensing; Amending Section 11 -609 by Deleting Paragraphs 6 and 10 passed unanimously. RESOLUTION NO. 96-120 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF PUBLIC SAFETY FOR THE WEED AND SEED PROJECT The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. 06/24/96 -2- BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION FINANCIAL STATEMENTS FOR THE CALENDAR YEAR ENDED DECEMBER 31 1995 A motion by Councilmember Mann and seconded by Councilmember Carmody to approve the Brooklyn Center Fire Department Relief Association Financial Statements for the Calendar Year Ended December 31, 1995, passed unanimously. RESOLUTION NO. 96-121 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 6/24/96) The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. RESOLUTION NO. 96 -122 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION APPROVING ACQUISITION OF SIDEWALK EASEMENTS, IMPROVEMENT PROJECT NO. 1995 -05, CONTRACT 1996 -C, 69TH AVENUE NORTH, SHINGLE CREEK PARKWAY TO DUPONT AVENUE NORTH, STREET, BRIDGE REPLACEMENT, ROADWAY, DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. LICENSES A motion by Councilmember Mann and seconded by Councilmember Carmody to approve the following list of licenses passed unanimously: GARBAGE AND REFUSE COLLECTION VEHICLES Environmental Refuse 4123 Russell Avenue North Nash and Sons Hauling 2301 93rd Way UWS /Gallagher's 95 West Ivy Avenue Walter's Recycling & Refuse Services P.O. Box 67, Circle Pines MECHANICAL SYSTEMS Erickson Plumbing, Htg /Cooling 9212 Isanti Street NE Fireplace Showroom 225 County Road 81 LBP Mechanical, Inc. 315 Royalston Avenue North 06/24/96 -3 - RENTAL DWELLINGS Initial: William Bartram 6107 Brooklyn Boulevard Renewal: KMS Management, Inc. Ryan Lake Apartments Kim La Corporation Ryan Terrace Manor KMS Management, Inc. Shingle Creek Apartments Roland Scherber 5243 Ewing Avenue North Robert and Marilyn Cashman 5430 Humboldt Avenue North Michael Haase 5318 -30 Queen Avenue North Lyle Miller 3513 47th Avenue North SIGN HANGER Contact Signs 1803 Victoria Street OPEN FORUM Charles Lenthe, 7007 Irving Avenue North, addressed the Council urging them to review requests for installation of Stop signs before issuing them. He indicated there are signs which he believes are unwarranted within the City, resulting in the Stop signs being an inconvenience. He also addressed the issue of speed limit signs and suggested speed studies should be done and those signs updated. He particularly noted speed studies conducted in the areas of 59th and 69th Avenues which connect to Brooklyn Boulevard and also on Humboldt Avenue. He also inquired as to whether there was a position taken on the Met Council growth management options. The City Manager responded the City has not yet taken a position on growth management options. Mr. Lenthe urged the Council to look at that because of the opportunity it provides for redevelopment of older homes. He stated his concern about the sealcoating program, and noted that he has since received a copy of the sealcoating map, would review it, and possibly call with any concerns. Dave Comer, 5511 Knox Avenue North, addressed the Council with regard to two issues of concern. His first issue being that the motor vehicle on his property with expired tabs was tagged by the police department. He stated he understands the need to keep the City clean and that some neighborhoods complain about junk being kept on properties. The second issue is when he was tagged for the expired tabs, he noticed the police department used the same envelopes as they would use for their regular mailings. He stated he almost threw the citation away, thinking it was an invitation or request for donation, which he frequently receives from the police department. He suggested that instead of tagging vehicles randomly for expired tabs, the police should give a warning first. 06/24/96 -4- Mr. Comer said it is a running motor vehicle and he does move the vehicle around his property from time to time. He stated he is unable to keep the vehicle in his garage because he runs a business out of his home and needs room for storage and other purposes. Councilmembers concurred that the major complaint from residents in the Brooklyn Center area is they are tired of their neighbors having cars, brush, trees, and junk laying around and noted this is not something people condone. It was noted that this ordinance is in effect as a benefit for the City as a whole. Councilmember Hilstrom suggested staff look into the issue of the police department using the same or similar envelopes for citations as they do other mailings. AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES REGULATING THE USE OF SKATEBOARDS AND IN -LINE SKATES. NEW SECTIONS 19 -1501 AND 19 -1502 The City Manager stated this ordinance was first read on May 28, 1996; published in the City's official newspaper on June 5, 1996; and is offered this evening for a public hearing and second reading. PUBLIC HEARING A motion by Councilmember Carmody and seconded by Councilmember Mann to open the public hearing at 7:45 p.m. passed unanimously. PUBLIC INPUT Charles Lenthe, 7007 Irving Avenue North, questioned whether the ordinance would allow for in- line skating in other parking lots. The City Manager pointed out the ordinance applies to the sidewalk and railing areas within the Civic Center complex area immediately around the City offices. A motion by Councilmember Carmody and seconded by Councilmember Mann to close the public hearing at 7:49 p.m. passed unanimously. ORDINANCE NO. 96-07 Member Kristen Mann introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES REGULATING THE USE OF SKATEBOARDS AND IN -LINE SKATES; ADDING NEW SECTIONS 19 -1501 AND 19 -1502 The motion for the adoption of the foregoing ordinance was duly seconded by member Kathleen Carmody and passed unanimously. 06/24/96 -5- AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES PROVIDING FOR THE ABATEMENT OF NOISE• DELETING SECTION 19 -1203 AND ADDING NEW SECTIONS 19 -1203 AND 19 -1204 The City Manager stated this ordinance was first read on May 28, 1996; published in the City's official newspaper on June 5, 1996; and is offered this evening for a public hearing and second reading. PUBLIC HEARING A motion by Councilmember Carmody and seconded by Councilmember Mann to open the public hearing at 7:50 p.m. passed unanimously. PUBLIC INPUT Councilmember Nichols inquired as to how the police will enforce such a noise ordinance and how they will distinguish between what is too loud and how sound carries. Dave Comer, 5511 Knox, stated he does not believe posting signs will have any effect and doesn't believe the City can enforce such an ordinance because frequency travels at different rates of speed. The City Manager gave a brief overview of the ordinance and stated the police department requested this ordinance with the intent to create a mechanism to deal with noise. The City Attorney gave a brief overview of the ordinance. The advantage of having such an ordinance is for the police officers to be able to deal with unreasonable noise problems. A motion by Councilmember Carmody and seconded by Councilmember Mann to close the public hearing at 8:01 p.m. passed unanimously. ORDINANCE NO. 96-08 Member Kathleen Carmody introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES PROVIDING FOR THE ABATEMENT OF NOISE; DELETING SECTION 19 -1203 AND ADDING NEW SECTIONS 19 -1203 AND 19 -1204 The motion for the adoption of the foregoing ordinance was duly seconded by member Charles F. Nichols, Sr. and passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 96005 The City Manager offered a preliminary introduction. 06/24/96 -6- The Planning & Zoning Specialist provided a presentation using overhead transparencies of the proposed Planning Commission Application No. 96005 being submitted by North Memorial Health Care requesting a rezoning from R -1 to PUD/R -1 and site and building plan approval through the Planned Unit Development (PUD) process to provide residential hospice care for more than six clients at 4201 58th Avenue North. The Planning Commission recommended approval of this application at its June 13, 1996, meeting. Councilmember Mann questioned whether the driveway into the complex would be asphalt. The North Memorial Hospice representative responded affirmatively. Councilmember Nichols expressed concern about traffic coming in and out of the complex and recommended a curb cut o that cars s comin g P in and out of the complex could move in and out of traffic more easily and with less danger. The North Memorial Hospice representative stated they haven't considered that option, although it is something they will look into because it could be an issue. Councilmember Hilstrom questioned whether it is the hospice's responsibility for the upkeep of the street. The Planning and Zoning Specialist stated there is an easement for access to this property under the home that was previously there, and indicated it goes back to the time when the open space was acquired or dedicated, the access was left there. He stated that the maintenance and upgrading of that facility be North Memorial's responsibility. Councilmember Hilstrom inquired as to the possibility of North Memorial deciding to sell the hospice in the future, and whether the new owners would have to come back to the Council. The Planning and Zoning Specialist stated that as far as the development agreement goes, there are points laid out in that development agreement and filed with the title of the property, but it would limit the use of this property to a hospice to serve no more than eight clients. He noted that any changes, other than change of ownership or control, would be subject to approval by the City Council. RESOLUTION NO. 96 -123 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 96005 SUBMITTED BY NORTH MEMORIAL HEALTH CARE The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND ORTH HOSPICE i 06/24/96 -7- A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to approve the first reading of An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (North Hospice) passed unanimously. COUNCIL CONSIDERATION ITEMS MAYORAL APPOINTMENT OF MEMBER TO SERVE ON COMMUNICATIONS TASK FORCE A motion by Councilmember Carmody and seconded by Councilmember Mann to table the Mayoral appointment of member to serve on Communications Task Force passed unanimously. SET DATE FOR JOINT MEETING WITH BROOKLYN PARK CITY COUNCIL A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to set a joint meeting with the Brooklyn Park City Council for September 16, 1996, with the location and time to be determined passed unanimously. RESOLUTION APPROVING METROPOLITAN LIVABLE COMMUNITIES ACT ACTION PLAN AND AUTHORIZING SUBMITTAL OF PLAN TO THE METROPOLITAN COUNCIL The City Manager explained the purpose of the Metropolitan Livable Communities Act action plan and gave a summary of the key information items relative to the Act and the requirement for continued participation in the Metropolitan Livable Communities Act and how the City of Brooklyn Center meets the affordability goals. Councilmember Mann stated that she cannot support this resolution. RESOLUTION NO. 96-124 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION APPROVING METROPOLITAN LIVEABLE COMMUNITIES ACT ACTION PLAN AND AUTHORIZING SUBMITTAL OF PLAN TO THE METROPOLITAN COUNCIL The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed, Kristen Mann opposed. RESOLUTION AUTHORIZING THE PURCHASE OF TWO (2) FORD TRUCKS CAB AND CHASSIS AND AMENDING THE 1996 GENERAL FUND AND CENTRAL GARAGE BUDGETS The City Manager explained the request for the purchase of two Ford trucks and the factors involved in the need for replacement of the current two single axle trucks as set forth in the Council packet materials. 06/24/96 -8- RESOLUTION NO. 96 -125 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF TWO (2) FORD TRUCKS, CAB AND CHASSIS, AND AMENDING THE 1996 GENERAL FUND AND CENTRAL GARAGE BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. RESOLUTION NO. 96-126 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) FORD TRUCK, CAB AND CHASSIS, AND AMENDING THE 1996 GENERAL FUND AND CENTRAL GARAGE BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed, unanimously. UPDATE ON CODE ENFORCEMENT The City Manager explained that the police department code enforcement officer has checked dwelling units and businesses for code enforcement. He used an overhead transparency to show the current status of the City and which areas have been inspected. He noted both the southeast and southwest areas received both letters and citations have been issued for non - compliance; the area north of Bass Lake Road, south of 63rd Avenue, and west of Brooklyn Boulevard received letters but noted follow -ups have not been completed; and the area north of 63rd Avenue, south of 1 -694, and west of Shingle Creek will be receiving its first check the week of June 17, 1996. ADJOURNMENT A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to adjourn the meeting at 8:45 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: Lori Ende TimeSaver Off Site Secretarial 06/24/96 -9-