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HomeMy WebLinkAbout1996 10-15 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 15, 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 and Zoning Specialist Ron Warren, Community Development Specialist Tom Bublitz, Director of Community Development Brad Hoffman, and Council Secretary Stephen Sydow. MOMENT OF SILENCE A moment of silence was observed. COUNCIL REPORT There were no Council reports. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Kragness stated a request had been made to remove the minutes of the August S, 1996, Special Work Session for further clarification (item 5a(1) on the consent agenda). Counciimember Carmody requested item 5d be removed from the consent agenda and placed at the end of Council Consideration Items. There was a motion by Councilmember Mann and seconded by Counc' - ilmember Carmody to approve the a Q PP October 1 � 1 996 agenda and consent agenda with the removal of item 5a(1) and to place item 5d at the end of Council Consideration Items. The motion passed unanimously. 10/15/96 _1_ APPROVAL OF MINUTES There was a motion by Councilmember Mann and seconded by Councilmember Carmody to approve the minutes of the September 9, 1996, Regular Session; September 16, 1996, Joint Session with Brooklyn Park City Council; September 23, 1996, Special Session; September 23, 1996, Regular Session; September 30, 1996, Special Session; and September 30, 1996, Joint Session with Charter Commission. The motion passed unanimously. APPOINTMENT OF ELECTION JUDGES There was a motion by Councilmember Mann and seconded by Councilmember Carmody to approve the appointment of additional elections judges for the November 5; 1996, General Election. The motion passed unanimously. RESOLUTION NO. 96 -201 Councilmember Mann introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF BARRY JENSEN FOR HIS ACHIEVEMENT IN SWIMMING 500 MILES IN THE BROOKLYN CENTER POOL The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody and passed unanimously. RESOLUTION NO. 96 -202 Councilmember Mann introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHNG IMPROVEMENT PROJECT NOS. 1997 -04, 05, AND 06, FRANCE AVENUE, 69TH AVENUE TO NORTH CITY LIMITS, STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody and passed unanimously. RESOLUTION NO. 96 -203 Councilmember Mann introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING A GIFT OF $1,000 FROM CRACKER BARREL OLD COUNTRY STORE FOUNDATION TO PLANT EVERGREEN TREES N EVERGREEN PARK 10/15/96 _�_ The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody and passed unanimously. AN ORDNANCE VACATTING PART OF 4 SANITARY SEWER EASEMENT WITHIN TRACT C. REGISTERED LAND SURVEY i MBER 1 377 There was a motion by Councilmember Mann and seconded by Councilmember Carmody to approve for first reading An Ordinance Vacating Part of a Sanitary Sewer Easement within Tract C, Registered Land Survey Number 1377. The motion passed unanimously. The second reading and public hearing will be scheduled November 12, 1996, at 7 p.m. or as soon thereafter as the matter may be heard. AN ORDINANCE VACATING PART OF A UTILITY EASEMENT AT LOT 2, BLOCK 1 SANDER ERICKSON ADDITION There was a motion by Councilmember Mann and seconded by Councilmember Carmody to approve for first reading An Ordinance Vacating Part of a Utility Easement at Lot 2, Block 1, SANDER ERICKSON ADDITION. The motion passed unanimously. The second reading and public hearing will be scheduled November 12, 1996, at 7 p.m. or as soon thereafter as the matter may be heard. RESOLUTION NO. 96-204 Councilmember Mann introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED, AND AUTHORIZING FINAL PAY VIENT. IMPROVEMENT PROJECT NO. 1996 -13, CONTRACT 1996 -E, PLAYGROUND REPLACEMENT AT GRANDVIEW, GARDEN CITY, KYLAWN, MARLIN, RIVERDALE, AND WEST PALMER PARKS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody and P assed unanimously. I RESOLUTION NO. 96 -205 Councilmember Mann introduced the following resolution and moved its adoption: RESOLUTION APPROPRIATING $2,000 FROM THE 1996 GENERAL FUND BUDGET TO THE YOUTH FOOTBALL PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody and passed unanimously. y 10/1 5/96 -3- RESOLUTION NO. 96 -206 Councilmember Mann introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 10/15/96) The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody and passed unanimously. LICENSES There was a motion by Councilmember Mann and seconded by Councilmember Carmody to approved the following list of licenses. The motion passed unanimously. MECHANICAL SYSTEMS Kraemer Heating 7441 Dallas Court RENTAL DWELLINGS Initial: Brooklyn Center Leased Housing Associates Ltd. Partnership Summerchase Apartments Richard Koblitz 5318 Camden Ave. N. Eddy M. Day 5401 Penn Ave. N. Wolfgang and Kathleen Griesser 1708 69th Ave. N. Renewal: TLN La Net Twin Lake North Apartments Randall Cook 5347 Brooklyn Boulevard Randall Tyson 5 13 7-3 9 France Ave. N. Joseph Korman 5321 Morgan Ave. N. John and Gail Lambert 5900 Washburn Ave. N. SIGN H ANGER A LaPointe Sign 6600 Oxford Street Signcrafters 7775 Main Street NE OPEN FORUM There were no requests for open forum. 10/15/96 -4- PUBLIC HEARING RESOLUTION REPROGRAMMING 1996 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FROM SCATTERED SITE REDEVELOPMENT PROJECT TO 53RD AVENUE DEVE OPM NT AND LINKAGE PROJECT City Manager McCauley gave an overview of the proposed 53rd Avenue Development Project. Mr. McCauley explained the proposed project involved the acquisition of approximately 26 properties along 53rd Avenue North from 4th Street to Bryant Avenue North. It would also include some houses on Camden and Bryant Avenues. A green strip would be created along 53rd Avenue North with walk paths and bike paths and include a fence similar to the fence on 69th Avenue North to separate the green space from the housing development. Mr. McCauley stated this project has been previously discussed over the past ten years. This project would also include linkages to the proposed Hennepin County trail and park system north of Lyndale and also to the proposed Minneapolis bikeway, parkway, and playground project south of Lyndale. This linkage would enhance the southern entrance to the City of Brooklyn Center. Mr. McCauley explained the houses proposed for removal are properties which the City has had code violations due to the age, size, and condition of the properties. He explained that property values in this area have not increased over the past six years, but remained stagnant. The time frame for acquisition of the homes would begin with negotiating with the homeowners and is proposed to complete acquisition of the housing by the close of the school year next spring/summer and to begin development in August/September 1997. The funding for this proposed project comes from Community Development Block Grant Funds and also Economic Development Authority Funds and a minor portion would come from the utility fund. The estimated cost of this proposed project is $3.2 million and has increased from the initial estimation of approximately $2 million due to costs related to relocation and appraisals. Those persons who would be displaced would be offered fair market value for their homes plus relocation assistance. The Brooklyn Center School District has indicated a desire to work with dislocated persons in locating another home in the Brooklyn Center School District. Mr. McCauley indicated that at the neighborhood meeting there were a mixture of responses to this proposed project. Residents were concerned about access to Bellvue Park. Mr. McCauley indicated this can be Discussed and worked out with the neighbors in the final design phase. There was a motion by Councilmember Carmody and seconded by Councilmember Hilstrom to'open the public hearing. The motion passed unanimously. Mary Haley, 5306 Bryant Avenue North, addressed the Council with concerns regarding the proposed project. Ms. Haley explained that the booklet which was distributed at the neighborhood meeting included a paragraph regarding identifying physical features for certain areas of the City which defined a neighborhood. The booklet indicated the southeast comer of Brooklyn Center does not have an identifying physical feature and this proposed project would create such a feature as an important part of the reinvigoration of the neighborhood to set it apart and make it unique and attractive. Ms. Haley has lived in her home for 12 1 /2 years and was attracted to the southeast neighborhood by Bellvue Park and the Brooklyn Center School District because of its small size. She said the southeast neighborhood offers the presence of a small town feeling. She indicated both 10/15/96 -5- her and her husband have been involved in Brooklyn Center, and she is saddened to see her home and her neighborhood considered aging and in need of reinvigoration. She concluded by stating that the things that make the southeast neighborhood are the people and the parks, and she hopes the City Council will not replace that preservation with a green strip. Tim Olson, 516 53rd Avenue North, addressed the Council with concerns regarding the proposed project. Mr. Olson questioned why 53rd Avenue was chosen for a redevelopment project. He indicated the Mississippi River is a unique feature for the southeast neighborhood. He questioned why 25 homes must be destroyed in order to build 14 new homes. He said this project will not block Minneapolis from Brooklyn Center. He was concerned that the City gave such short notice to the residents who would be displaced. He is involved in the City in the Adopt -a -Park Program and Earle Brown Days. He does most of his shopping in Brooklyn Center. He concluded by saying he believed Brooklyn Center does not need projects like this but should instead build u concerns for Y P J P its citizens and community. There was a motion by Councilmember Hilstrom and seconded by Councilmember Carmody to close the public hearing. The motion passed unanimously. Councilmember Carmody addressed some of the citizen concerns. She stated the project could not be any larger because it is all the City can afford at this time. She stated the southeast neighborhood has the highest percentage of rental property. In regard to the timing of the meeting, she believed it is better for residents not to have to worry whether their home will be acquired or not for an extended period of time. Councilmember Hilstrom said when the Earle Brown Heritage Center was proposed two studies were done, the Marquette Study and the Maxfield Study, and both indicated the City needed to do something with the southeast neighborhood to prevent the spread of urban decay. Mayor Kragness stated it takes a lot of money to do redevelopment projects. She said the City must start with a small project and work up to the large project. Councilmember Mann agreed the City must do something to stabilize the property values. RESOLUTION NO. 96 -207 Councilmember Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION REPROGRAMMING 1996 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FROM SCATTERED SITE REDEVELOPMENT PROJECT TO 53RD AVENUE DEVELOPMENT AND LINKAGE PROJECT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Kathleen Carmody and passed unanimously. 10/15/96 -6- AN ORDINANCE AMENDING CHAPTER l OF THE CITY ORDINANCES RELATING TO THE LICENSING OF RENTAL DWELLING UNITS City Manager McCauley indicated this ordinance would provide streamlining and efficiency of the rental housing licensing ordinance. This ordinance was approved for first reading on September 23, 1996. and is offered this evening for a public hearing and second reading. There was a motion by Councilmember Hilstrom and seconded by Councilmember Carmody to open the public hearing. The motion passed unanimously. No public input was offered. There was a motion by Councilmember Hilstrom and seconded by Councilmember Nichols to close the public hearing. The motion passed unanimously. ORDINANCE NO. 96 -14 Councilmember Carmody introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 12 OF THE CITY ORDINANCES RELATING TO THE LICENSING OF RENTAL DWELLING UNITS The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Mann and passed unanimously. AN ORDINANCE VACATING A TILITY EASEMENT AT LOT 6 BLOCK 1 JOHN RYD_EN SECOND ADDITION City Manager McCauley stated this is a request from the property owner at 2113 55th Avenue North to vacate a utility easement along the back line of their property to allow them to construct a new garage. There was a motion by Councilmember Hilstrom and seconded by Councilmember Nichols to open the public hearing. The motion passed unanimously. No public input was offered. There was a motion by Councilmember Nichols and seconded by Councilmember Hilstrom to close the public hearing. The motion passed unanimously. ORDNANCE NO. 96 -15 Councilmember Kathleen Carmody introduced the following ordinance and moved its adoption: 10 /1 5/96 -7- AN ORDINANCE VACATING A UTILITY EASEMENT AT LOT 6, BLOCK 1. JOHN RYDEN SECOND ADDITION The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Charles Nichols and passed unanimously. PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO 96016 SUBMITTED BY HUNERBERG CONSTRUCTION COMPANY Planning and Zoning Specialist Warren introduced Planning Commission Application No. 96016 submitted by Hunerberg Construction Company requesting site and building plan approval for an 1,800 sq. ft. expansion to the Douglas Metal Specialities operation at 4912 France Avenue North. Mr. Warren indicated the property is located along the east side of France Avenue approximately midway between the Soo Line Railroad tracks and 50th Avenue North. This addition would enclose the loading area and provide an overhead door along the east side of the building. Mr. Warren indicated when Planning Commission Applications like this are received the City takes the opportunity to ensure compliance with current zoning and site requirements. He reviewed the parking requirements and indicated approximately four more parking stalls would be needed for this addition. Mr. Warren indicated Mr. Hunerberg is present if Council had questions. Councilmember Mann asked how this addition would fit into the City's Comprehensive Plan. Mr. Warren indicated it does work into the Comprehensive Plan for this industrial area. He also indicated the applicant will be upgrading the exterior of the building. There was a motion by Councilmember Hilstrom and seconded by Councilmember Carmody to approve Planning Commission Application No. 96016 submitted by Hunerberg Construction Company requesting site and building plan approval for an 1,800 sq. ft. expansion to the Douglas Metal Specialties operation at 4912 France Avenue North subject to the following conditions recommended by the Planning Commission: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading and drainage plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of site improvements. 4. Any outside trash disposal facilities shall be appropriately screened from view. 10/15/96 -8- 5. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 6. Plan approval is exclusive of signery which is subject to Chapter 34 of the City Ordinances. 7. B -612 curb and butter shall be provided at the east end of the parking lot to assist site drainage in this area. 8. One existing parking space shall be designated for handicap parking with the proper signage. The motion passed unanimously. COUNCIL CONSIDERATION ITEMS AN ORDINANCE ANfENDING CHAPTER 6 OF THE BROOKLYN CENTER CITY CHARTER SECTION 6.02 S BD 3Sal Tim Willson, Charter Commission Chair, addressed the Council regarding the proposed ordinance amending the City Charter. ;VIr. Willson explained that the Charter Commission has worked on this amendment for most of the year. He said a sub - committee met to study this proposal and then made its recommendation to the full Charter Commission. The amendment would remove the last line of Section 6.02 Subdivision 3(a) of the City Charter which reads, ``Appointment and removal of department heads shall be made final only upon a majority vote of the Council." He indicated this would keep the political process out of the approval of appointments and terminations of department heads. Mr. Willson said Minnesota Statutes 410.12, Subdivision 7 authorizes the Charter Commission to recommend Charter amendments by ordinance with unanimous vote of the Council. There was a motion by Councilmember Hilstrom and seconded by Councilmember tilann to approve for first reading An Ordinance Amending Chapter 6 of the Brooklyn Center City Charter; Section 6.02 Subd. 3(a). The motion passed unanimously. The second reading and public hearing will be scheduled for November 12, 1996, at 7 p.m. or as soon thereafter as the matter may be heard. SET DATE AND TIME FOR CANVASS OF NOVEMBER 1996 GENERAL ELECTION There was a motion by Councilmember Carmody and seconded by Councilmember Hilstrom to schedule the canvass of the November 5, 1996, General Election to be Wednesday, November 6, 1996, at 5 p.m in the City Hall Council Chambers. The motion passed unanimously. PRIVATE KENNEL LICENS - 6421 BRYANT AVENUE NORTH There was a motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve a private kennel license for Jana Lynn Roberts. 6421 Bryant avenue North. to keep four cats. The motion passed unanimously. 10/15/96 -9- PRIVATE KENNEL LICENSE - 6312 FRANCE AVENUE NORTH There was a motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve a private kennel license for Patricia Shogren and Bradley Shogren, 6312 France Avenue North. to keep three dogs. The motion passed unanimously. RESOLUTION NO. 96 -208 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PUBLICATION OF THE NOTICE OF FINDING OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR THE 53RD AVENUE DEVELOPMENT AND LINKAGE PROJECT IN THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution wa duly seconded by Councilmember Carmody and passed unanimously. �. COVERAGE OF 1 OPERATING LOSSES AT EARLE BROWN HERITAGE CENTER City Manager McCauley stated this report is in response to questions raised by Ms. Nancy Carlson at the September 23, 1996, Citv Council meeting. Mr. McCauley said at the close of 1995 there was an operating deficit at the Earle Brown Heritage Center, and in order to close out the end of year transactions, there was a transfer of funds; however, it was an error to not have brought the transfer of funds before the City Council for approval. He indicated there are two issues relative to this matter, the first being whether or not the actions taken by the Finance Director have legal implications. He referenced the City Attorney's written opinion regarding this. The second issue is whether the handling of the operating losses at the Earle Blown Heritage Center for 1995 were correctly handled. iV1r. McCauley said he is seeking the direction from City Council either to study this further or to direct staff to prepare resolutions which would ratify the loan from the combined funds to the EDA or identify a different source of funding for either ' a loan or a grant. Councilmember Mann indicated that since 1989 the Council has been receptive to try new methods to cover operating expenses at the Earle Brown Heritage Center, including a new management company and food service company. She said before she can finalize the transfer, something has to change to make the Earle Brown Heritage Center cost effective. She believes it is an asset to the community, however not at any cost. Councilmember Hilstrom raised concerns regarding the written opinion of the City Attorney. She said Mr. LeFevere's opinion states that this transfer does not fall under the Charter because it is not an interfund loan but a loan between the EDA and the City. She said the Council has a policy addressing interfund loans and loans to enterprise funds which indicates that the loan must be paid 10/'15/96 -10- back in ten years. She is concerned that this money is not being paid back to the City. She questioned what the City can do as far as rules and policies so this doesn't happen again. The City Attorney responded that even with safeguards, mistakes can happen. He suggested three options: 1) Charter amendment to require City Council to adopt ordinance in order to make a transfer to another public entity, such as a school district, EDA, County, etc.; 2) provision of ordinance that no such transfers be made except by ordinance; or 3) require by ordinance that the transfer must be done by Council resolution. Mr. LeFevere said the EDA is a separate legal entity from the City, and it is a technicality but the Charter relates only to interfund transfers between and among City funds. He indicated this transfer was a procedural error not rising to the level of illegality in the sense of criminal activity, and it shouldn't happen again. There was a lengthy discussion among Councilmembers regarding the operation of the Earle Brown Heritage Center. Specifically, Councilmembers are concerned that the facility continues to lose money and that loans cannot be paid back to the City. Councilmembers discussed options to make the Earle Brown Heritage -- Center a financially secure operation. Councilmember Hilstrom recommended an outside expert be brought in to determine what can be done at the Earle Brown Heritage Center. Mayor Kragness indicated the Earle Brown Heritage Center is coming into the black this year and making a profit. Councilmembers agreed before any action can be taken on this item something needed to be done regarding the Earle Brown Heritage Center. There was a motion by Councilmember Hilstrom and seconded by Councilmember Nichols to table discussion of the Earle Brown Heritage Center to the next work session to have further extended discussion regarding its operation. The motion passed unanimously. POLICY FOR INSTALLATION OF WIRELESS COMMUNICATION ANTENNAS ON CITY WATER TOWERS City Manager McCauley informed Council there was no action requested of the Council this evening regarding this policy. He said the League of Minnesota Cities drafted a policy and the City was trying to incorporate it for use on the Brooklyn Center water towers. He indicated one of the priorities of this policy is to ensure no interference with the City's communications equipment. He said the proposed monthly lease rate would be $1,000 per site. He requested any Council comments regarding the policy. Councilmember Nichols recommended the Metropolitan Airports Commission review this policy. Councilmember Mann questioned if City's are required to reasonably accommodate these antennae. Mr. McCauley responded affirmatively, however "reasonably accommodate" still needs a clear definition. The City Attorney indicated the law means the Federal Communications Act may restrict the City in its efforts to refuse to allow towers in the City, but they may not restrict you to set a policy regarding public facilities such as water towers. 10/15/96 -11- Councilmember Mann asked if the 51,000 per month fee could be increased. Mr. McCauley indicated this is an approximation, and the City would price itself for marketability and competitiveness compared with other cities. Councilmember Nichols indicated he would prefer to see the policy be flexible enough so that when technology changes the policy can be adjusted accordingly. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 1997 02 AND 03 ORCHARD LANE WEST STREET STORM DRAINAGE AND UTILITY IMPROVEMENTS AND ACCEPTNGQUOTATIONS FOR SANITARY AND STORK[ SEWER TELEVTSNG Councilmember Carmody indicated she had concerns regarding this project because she would prefer to see City staff work on Brooklyn Boulevard as a priority with regard to safety issues. Mr. McCauley stated that personnel working on Brooklyn Boulevard would be different from the personnel who would work on the Orchard Lane West Project. He said the Brooklyn Boulevard Project is a Hennepin County Project and the City has been meeting with Hennepin County staff discussing getting the Brooklyn Boulevard Project moving along. He said the City will continue to monitor and meet with Hennepin County regarding the Brooklyn Boulevard Project. RESOLUTION NO. 96 -209 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 1997 -01, 02, AND 03, ORCHARD LANE WEST STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS, AND ACCEPTING QUOTATIONS FOR SANITARY AND STORM SEWER TELEVISING The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody and passed unanimously. ADJ0UR1Niy1ENT There was a motion b y Councilmember Hilstrom and seconded by Councilmember Carmody to adjourn the meeting at 8:35 p.m. The motion passed unanimously. —�J City Clerk Mayor 10/15/96 -17-