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HomeMy WebLinkAbout1993 10-12 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 12, 1993 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7:02 p.m. ROLL CALL Mayor Todd Paulson and Councilmembers Celia Scott and Kristen Mann. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, City Attorney Charlie LeFevere, Public Works Coordinator Diane Spector, Director of Community Development Brad Hoffman, and Council Secretary Kathy Stratton. Councilmember Rosene was a late arrival and Councilmember Kalligher was excused from this evening's meeting. OPENING CEREMONIES Mr. Ulyssess Boyd offered the invocation. OPEN FORUM Mayor Paulson noted the Council had received one request to use the open forum session this evening. Ms. Peg Snesrud, 7849 Xerxes Court in Brooklyn Park, expressed her anger over an incident involving her son one week ago and invited the Council to participate in a solution to the problem of youth violence. She said her son had been assaulted in Brooklyn Center by a juvenile swinging a car jack, and though his physical wounds have nearly healed, he has been deeply affected emotionally. Ms. Snesrud gave several suggestions for taking a proactive approach to youth violence including multiple pronged involvement by State legislature, municipalities, school districts, juvenile court workers, and parents. She also stated Brooklyn Center and Brooklyn Park should work on "hot- spots" where more crime is occurring and develop a reputation as cities that are tough on juvenile crime, as well as empowering apartment manager coalitions to take responsibility for problem tenants. 10/12/93 - 1 - Ms. Snesrud explained her efforts to organize a Forum meeting on November 10, 1993, to further address this issue with all involved and detailed her progress thus far with Brooklyn Park's City Council. Councilmember Scott thanked Ms. Snesrud for her comments and concern and agreed youth violence is becoming a great problem. She said it is parents who are not taking responsibility for their children and not teaching them right and wrong at home. Mayor Paulson explained in Brooklyn Center a proactive approach to youth violence is being taken. He said there had been two town meetings regarding youth within the last year that had been a great success. He stressed the meetings produced awareness of the need for youth activities not just punishment and said coincidentally there is already a meeting scheduled for November 10th regarding the same subject. Police Captain Joel Downer responded he knew of the incident involving Ms. Snesrud's son and had spoken to Chief Hampton regarding the November 10 meeting. He explained Chief Hampton's comments that Brooklyn Center has always participated with Brooklyn Park in issues like this, but he would like to review the purpose of the proposed forum and determine if it is redundant considering already scheduled efforts made by Brooklyn Center. He explained Chief Hampton's desire to meet with Ms. Snesrud to coordinate efforts between her and both municipalities. COUNCIL REPORTS No Council reports were given APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmember requested any items be removed from the consent agenda. There was no such request. k APPROVAL OF MINUTES SEPTEMBER 20. 1993 - SPECIAL SESSION There was a motion by Councilmember Scott and seconded by Councilmember Mann to approve the minutes of September 20, 1993, special session as printed. The motion passed unanimously. SEPTEMBER 27, 1993 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Mann to approve the minutes of September 27, 1993, regular session as printed. The motion passed unanimously. 10/12/93 -2- f f PROCLAMATIONS There was a motion by Councilmember Scott and seconded by Councilmember Mann to Declare the Week of October 18 through 21, 1993, to be Manufacturer's Week in Brooklyn Center. The motion passed unanimously. There was a motion by Councilmember Mann and seconded by Councilmember Scott to Declare the Week of October 25 through 29, 1993, to be Toastmaster's Week in Brooklyn Center. The motion passed unanimously. RESOLUTIONS F RESOLUTION NO. 93 -165 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF ROBERT HOLMES The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 93 -166 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING HERITAGE FESTIVAL AS A CIVIC EVENT FROM NOVEMBER 8 THROUGH NOVEMBER 13, 1993 The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 93 -167 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR CONTRACT 1993 -H, IMPROVEMENT PROJECT NO. 1993-17, ANTI- SLIP FLOOR TREATMENT IN POOL DECK AND IN LOCKER ROOMS IN BROOKLYN CENTER COMMUNITY CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 93 -168 Member Celia Scott introduced the following resolution and moved its adoption: 10/12/93 -3- RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 10/12/93) The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. FINAL PLAT APPROVAL There was a motion by Councilmember Scott and seconded by Councilmember Mann for Final Plat Approval of the Brookdale Crossing 3rd Addition. The motion passed unanimously. CONSIDERATION OF SPECIFIED LICENSES f RESOLUTION NO. 93 -169 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING ISSUANCE OF A CLASS B AND SUNDAY ON -SALE INTOXICATING LIQUOR LICENSE TO CHI -CHI'S MIDWEST, INC., DBA CHI -CHI'S MEXICAN RESTAURANTE. The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 93 -170 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING ISSUANCE OF AN OFF -SALE NON - INTOXICATING MALT LIQUOR LICENSE TO BIRCH BRU, INC., DBA SUPERAMERICA, STORE NUMBER 4058, LOCATED AT 190157TH AVENUE NORTH WITHIN THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 93 -171 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING ISSUANCE OF AN OFF -SALE NON - INTOXICATING MALT LIQUOR LICENSE TO BIRCH BRU, INC., DBA SUPERAMERICA, STORE NUMBER 4160, LOCATED AT 6545 WEST RIVER ROAD WITHIN THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. 10/12/93 -4- LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Mann to approve the following list of licenses: CHRISTMAS TREE SALES LOT PQT Company 5616 101st Ave. N. Weber's Greenhouse 5040 Brooklyn Blvd. Jerry's NewMarket 5801 Xerxes Ave. N. COMMERCIAL KENNEL Brooklyn Pet Hospital 4902 France Ave. N. GARBAGE AND REFUSE COLLECTION VEHICLES Borg Securing, Inc. 16463 Round Lake Blvd. Waste Control 95 West Ivy. Ave. MECHANICAL SYSTEMS Newmech Companies, Inc. 1633 Eustis Street Sheetmetal Plus, Inc. 107 Division Street RENTAL DWELLINGS Initial: Pamela Sipe 5331 Logan Ave. N. Renewal: Ralph C. Johnson 5444 Bryant Ave. N. Brooklyn Center Church of Christ 6219 Dupont Ave. N. Stephen and Karen Cook 5306 Russell Ave. N. Swanson Investments 7240 West River Road Norton Rockler 1329 63rd Lane N. Virginia Dennis 5329 72nd Circle N. The motion passed unanimously. MAYORAL APPOINTMENTS Mayor Paulson explained he had looked over the applications for Financial Commission and had chosen to appoint Mr. Lawrence Peterson. He then stated his choice for the Northwest Hennepin Human Services Council Advisory Commission to be Beverly Lawrence and asked the Council for its consent regarding both of these. The Council reviewed the procedure of mayoral appointments requiring a unanimous vote, and because of attendance decided to table discussion and voting on the appointments until the next meeting. There was a motion made by Councilmember Scott and seconded by Councilmember Mann to table approval of mayoral appointments for the Financial Commission and the Northwest 10/12/93 -5 - Hennepin Human Services Council Advisory Commission until the next Council meeting when a majority vote is all that is required to approve the appointments. The motion passed unanimously. PUBLIC HEARING Mayor Paulson opened the meeting for the purpose of a public hearing on Refinancing for Facilities of Maranatha Conservative Baptist Home, Inc., and Center Park Senior Apartments, Inc. at 7:35 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared. There was a motion by Councilmember Scott and seconded by Councilmember Mann to close the public hearing at 7:35 p.m. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Mann to table this item to the October 25, 1993, regular Council meeting. The motion passed unanimously. ORDINANCES The City Manager introduced an Interim Emergency Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety and Welfare of the Residents of the City, and Regulating and Restricting Development on All Land South of 66th Avenue and North of I -694 Lying between Willow Lane and Highway 252. He stated this ordinance was first read on September 27, 1993, published in the City's official newspaper on October 6, 1993, and is offered this evening for a public hearing and second reading. Mayor Paulson opened the meeting for the purpose of a public hearing on this Interim Emergency Ordinance at 7:38 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared. There was a motion by Councilmember Scott and seconded by Councilmember Mann to close the public hearing at 7:38 p.m. The motion passed unanimously. ORDINANCE NO. 93 -11 Member Celia Scott introduced the following ordinance and moved its adoption: AN INTERIM EMERGENCY ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY, AND REGULATING AND RESTRICTING DEVELOPMENT ON ALL LAND SOUTH OF 66TH AVENUE AND NORTH OF 1 -694 LYING BETWEEN WILLOW LANE AND HIGHWAY 252 The motion for the adoption of the foregoing ordinance was duly seconded by member Kristen Mann, and the motion passed unanimously. 10/12/93 -6- The City Attorney explained the necessity of an addition to the companion resolution which had a blank in it where there should be a date with the above ordinance. He recommended readoption of the moratorium Resolution No. 93 -156 to include the date January 25, 1994. RESOLUTION NO. 93 -172 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY, AND REGULATING AND RESTRICTING DEVELOPMENT ON ALL LAND SOUTH OF 66TH AVENUE AND NORTH OF I -694 LYING BETWEEN WILLOW LANE AND HIGHWAY 252 The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and the motion passed unanimously. DISCUSSION ITEMS The City Manager introduced the Citizen Appeal of Administrative Traffic Committee Determination Regarding the Clear View Triangle. He explained since the time of the Clear View Triangle Ordinance the City has required measures be taken to remove obstructions in twelve instances. He said there are two property owners who have appealed the City's requirements to remove obstructions and cited the two addresses involved in these appeals. He explained the property at 5603 James is owned by Mr. Ken Campbell and showed an overhead with photos of the obstruction that had received complaints. Mr. Campbell explained to the Council he thought the complaint must have been due to lilac bushes on the properties across the street from him rather than the spruce tree on his property which he said is not wide enough to obstruct a vehicle. He explained he had heard the comment from staff that it would be a good time to transplant the tree. Mr. Campbell said that would be a proactive approach which would not be in line with the ordinance's intent to respond to obstructions only when citizens complain rather than going out looking for obstructions. He also explained removing the tree is not in keeping with his landscaping plans, and he did not see the tree as a public safety hazard. Councilmember Scott asked if the owner of the lilac bushes had been contacted. The Public Works Coordinator explained the property owners with the lilac bushes on their property were being cited in violation of the ordinance. Councilmember Scott said she would hate to see the tree taken down and wondered if the owner could trim the lower portion of it. Mr. Campbell said he would certainly trim the tree which would probably satisfy the complainant. Councilmember Mann concurred the tree was not the problem at that intersection and said trimming the bottom 18 to 24 inches of the tree was a good solution. 10/12/93 -7- The Director of Public Works explained 18 to 24 inches would probably not be enough since branches droop and snow weighs them down even more, but said trimming the tree 4 to 5 feet would eliminate the sight distance obstruction. There was a motion by Councilmember Scott and seconded by Councilmember Mann that the appeal be mitigated if the property owner trims the tree at least 24 inches up from the bottom and does so within two weeks from this meeting. In addition, the property owner needs to recognize, as the tree grows, it will become a problem. The motion passed unanimously. The Public Works Coordinator next showed photographs of the property at 5120 E. Twin Lake Boulevard owned by Daniel and Maureen Middlestedt. Mr. Middlestedt explained to the Council the picture was not current because some trimming had taken place since it was taken. He continued because of a rise in the land beneath his juniper shrubs trimming them to the level he had been asked to trim would destroy them. He said he had bought his property based partially on the landscaping value, and would file a just compensation claim if he had to remove the juniper. He also felt one of the people complaining had already been satisfied by the trimming and the other may be the type that just likes to complain and has ulterior motives. He said having to remove his juniper based on this type of complaint seemed unfair. Councilmember Mann explained she drove the intersection in a pick -up and there was no visual obstruction, however in a passenger car she could not see clearly. Mr. Middlestedt added there is currently a brush pile that needs to be removed which might add to the obstruction. He said he was waiting to remove it until he found out the action by the City Council. Councilmember Scott said she drove by the property in a van and saw no blockage to vision, but in a regular car she said it definitely seemed like a safety hazard. Councilmember Mann suggested the City allow further trimming and then re- evaluate the situation. There was a motion by Councilmember Scott and seconded by Councilmember Mann to allow the Middlestedts two weeks to try to alleviate the hazard with trimming and removing the brush pile, and the Middlestedts should stand warned the situation will be monitored and there may be a need for removal in the future. The motion passed unanimously. STATUS REPORT ON PROPOSED 1994 STREET IMPROVEMENTS The City Manager reported the progress on the six improvement project areas for 1994, detailing which step of the ten step process has been reached for each project area and reviewing the contents of the information provided for the Council. 10/12/93 -8 - The Director of Public Works explained his recommendation for passage of 3 resolutions and 2 motions regarding these projects and explained his reasons for these recommendations. In response to Councilmember Scott's question, the Director of Public Works explained Brooklyn Park is willing to participate in the cost of the topographic survey. Councilmember Mann asked if Brooklyn Park's residents are aware of the considered improvements. The Director of Public Works explained no informational meetings have been held as of yet by Brooklyn Park as their staff is waiting until a topographic survey is being conducted and get some preliminary facts before presenting it to their citizens. He stated if the resolution is passed tonight, then Brooklyn Park's staff will send out the notification letter tomorrow. Mayor Paulson expressed his concern that the Humboldt Avenue and 73rd Avenue studies f not be conducted separately but because of their impact on one another they should be studied together, especially if closure of Humboldt Avenue is an option that is being considered. The Director of Public Works explained the plans were to conduct them as separate projects, and he finds closure hard to accept as a viable alternative. He said closure would simply dump the traffic problem somewhere else. The City Manager stated he didn't think the City ever committed to closure as an option. Mayor Paulson said he only used the possibility of closure as an example of why the two improvement projects should go hand in hand. The City Manager said taking the recommended action for this evening would put the two projects on a parallel course without adversely affecting one another. Councilmember Rosene made the request of staff not to rule out any options yet and inquired what type of resident opposition might be found along 73rd Avenue. The Director of Public Works explained the most common resident problems are traffic volume is too high and that too much of the front yards will be lost. Councilmember Rosene said he has heard complaints about cables being dug up and not covered over for months, and wants to assure residents in the area their complaints will be heard and addressed. Councilmember Mann asked if any residents of `73rd Avenue were in the audience who wanted to speak. 10/12/93 -9- Kay Staffer of 1113 73rd Avenue North said she had talked to a lot of people, many of whom could not attend a meeting, who were very sad about any changes to their road. She said they are against having it torn up again, and some would even move out if more road construction is to take place. She said it is a beautiful street and should be kept that way, with the possible addition of more stop signs. Councilmember Mann responded by saying what are being discussed tonight are just studies, and the improvements are not a done deal to be rammed down the residents' throats. Tom Nystrom, 807 73rd Avenue North, said he built ten years ago and cannot believe the change since then in the amount of traffic. He said he is very afraid for his two sons and pleaded with the Council to do something about it. Leland Staffer, also of 1113 73rd Avenue North commented a vote should be taken among public before any improvements are made, or it's not fair to the residents. He said he doesn't like when the City goes over the heads of the taxpayers and makes decisions the residents don't want made. He also expressed anger over the volume of the sound system at City Council meetings as he said he could not hear what is being said at the Council table. The Director of Public Works explained the current procedure for making decisions over street improvements had been designed to include citizen participation at several points in the process. Councilmember Rosene commented in several instances it seems our City is being asked to bear the burden of commuter traffic from outlying areas using our streets. RESOLUTION NO. 93 -173 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING DEVELOPMENT OF FEASIBILITY STUDY FOR J 73RD AVENUE NORTH IMPROVEMENTS Mayor Paulson asked that a #6 be added to this resolution to read as follows: The feasibility study of 73rd Avenue North will be done simultaneously and in conjunction with the feasibility study for Humboldt Avenue North. The motion for the adoption of the foregoing resolution, as amended by Mayor Paulson's request, was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 93 -174 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING SOLICITATION OF PROPOSALS TO CONDUCT A TOPOGRAPHIC SURVEY OF 73RD AVENUE NORTH 10/12/93 -10- The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 93 -175 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSALTO PROVIDE GEOTECHNICAL SERVICES RELATING TO THE PROPOSED 1994 STREET IMPROVEMENT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Mann to postpone the candidate project on 57th Avenue North from 1994 to 1995. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to postpone indefinitely the Willow Lane project. The motion passed unanimously. There was a brief recess at 9 p.m. to change the videotape, and the City Council reconvened at 9:10 p.m. STATUS REPORT RE: RATES AND POLICIES FOR PUBLIC UTILITIES The City Manager explained the City Council annually reviews water, sanitary sewer, and storm drainage utility rates to ensure the utilities' financial goals are met. He said there are rate increases proposed and explained why they are necessary. The Public Works Coordinator further explained the proposed rate increases and explained specifically how they would go into effect. She detailed the reasons for rate increases because of decreasing interest subsidy, the need to finance capital improvements, a wet year resulting in decreased water revenue, and unavoidable increases in operating costs. Councilmember Rosene asked the City Attorney if the question of raising rates could be put to a public vote. Because Councilmember Mann asked what would happen if the rates were not raised, the Public Works Coordinator explained the City is under legal obligation not to lose money, so either rates must be raised or expenditures must be cut. Mayor Paulson said he had voted against the raises last year and if he voted for them this year it would be only with regret, but with awareness of the necessity. Councilmember Rosene said he had no great enthusiasm in voting for them either. 10/12/93 Councilmember Mann asked if there are other ways the expenditures could be cut and whether Brooklyn Center's rates are high or low in comparison with other cities. The Public Works Coordinator explained ways that money savings are currently being found and said Brooklyn Center's water rates are the 3rd or 4th lowest in the metro area, and the sewer rates are right in the middle range. RESOLUTION NO. 93 -176 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE WATER UTILITY RATE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed. Mayor Paulson voted nay. RESOLUTION NO. 93 -177 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE SANITARY SEWER UTILITY RATE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed. Mayor Paulson voted nay. RESOLUTION NO. 93 -178 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE STORM DRAINAGE UTILITY RATE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the .motion passed. Mayor Paulson voted nay. RESOLUTION NO. 93 -179 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING WATER AND SANITARY SEWER HOOKUP RATES FOR CALENDAR YEAR 1994 The motion for the adoption of the foregoing resolution was duly seconded by member Celia 'i Scott, and the motion passed unanimously. The City Manager said there have been no rate hikes in the recycling program since it began and explained if the City Council goes too long without raising the rates there is a need for greater hikes all at once resulting in greater opposition to them. Councilmember Rosene said he was eagerly awaiting the addition of mixed paper recycling. 10/12/93 -12- RESOLUTION NO. 93 -180 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AMENDING CITY COUNCIL RESOLUTION NO. 89 -121 REGARDING RATES FOR RECYCLING SERVICES FOR THE CITY OF BROOKLYN CENTER'S CURBSIDE RECYCLING PROGRAM. The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Mann to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:35 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Kathy Stratton TimeSaver Off Site Secretarial 10/12/93 - 13 -