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HomeMy WebLinkAbout1993 03-08 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 8, 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 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Dave Rosene, Barb Kalligher, and Kristen Mann. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, and Council Secretary Nancy Berg. OPENING CEREMONIES James McClousky offered the invocation. OPEN FORUM Mayor Paulson noted the Council had received no requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. Donald Egnell, 5400 Oliver Avenue North, stated he was from Brooklyn Peacemaker Center and would withhold any comments until the Council addressed the matter of mediation services as listed on the agenda. Jamie McNaughton, 3300 County Road 10, president of North Hennepin Mediation Project, thanked the City Council and the City of Brooklyn Center for the funding proposal as listed on the agenda. , COUNCIL REPORTS Councilmember Mann stated she had an item to discuss, but was willing to defer to after the discussion items because of the many people present to discuss agenda items. Councilmember Kalligher reported she had received a letter from Noah Bridges declining his appointment to the Park and Recreation Commission because of his career responsibilities at this time, and he would like to be reconsidered next year. 3/8/93 L Mayor Paulson presented Art Mead for reappointment to the Park and Recreation Commission. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve Art Mead for reappointment to the Park and Recreation Commission. The motion passed unanimously. Councilmember Mann stated the appointments and reappointments should have been handled appropriately from the beginning; and Mr. Mead should have been reappointed from the beginning. Mayor Paulson agreed, and explained the open commission advertisements by staff were not handled properly. Councilmember Rosene stated he also had some items to discuss and would defer until after the discussion items on the agenda. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmembers requested any items be removed from the consent agenda. Councilmember Mann asked the February 22, 1993, minutes and Item 12e be removed from the consent agenda. Councilmember Rosene asked the February 16, 1993, minutes be removed from the consent agenda. Councilmember Scott asked Item 12d be removed from the consent agenda. RESOLUTIONS RESOLUTION NO. 93 -27 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1993 PAY PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 93-28 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE MEMBERS OF THE BROOKLYN CENTER AD HOC BROOKLYN BOULEVARD STUDY TASK FORCE The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion assed unanimously. ousl P y 3/8/93 - 2 - RESOLUTION NO. 93 -29 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF KATHLEEN CARMODY The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 93 -30 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF GREGG PEPPIN The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 93 -31 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF WALLACE BERNARDS The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 93 -32 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF TWO (2) ROTARY MOWERS The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 93 -33 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AWARDING VARIOUS CITY INSURANCE CONTRACTS The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. 3/8/93 - 3 - LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to approve the following list of licenses: GASOLINE SERVICE STATION Humboldt Unocal 76 6840 Humboldt Ave. N. MECHANICAL SYSTEMS Allen Mechanical, Inc. 6020 Culligan Way Brady Mechanical Services, Inc. 3075 -C Spruce Street Ditter, Inc. 820 Tower Drive Egan & Sons Co. 7100 Medicine Lake Road Excel Air Systems 2075 Prosperity Road Harris Mechanical Contracting Co. 2300 Territorial Road Horwitz Mechanical Inc. 5000 North Highway 169 Midwest Equipment Co., Inc. 614 Como Avenue Minnegasco 201 South Seventh Street P & H Services Co., Inc. 208 73rd Ave. N. Pete's Repair, Inc. 8835 Xylon Ave. N. Ron's Mechanical 1812 E. Shakopee Avenue Royalton Heating & Cooling Co. 4120 85th Ave. N. Sunburst Heating & A/C, Inc. 1556 Oakways Fred Vogt & Co., Inc. 3260 Gorham Avenue Yale, Inc. 9649 Girard Avenue South POOL AND BILLIARDS TABLES American Amusement Arcades 850 Decatur Ave. N. Lynbrook Bowl 6357 N. Lilac Drive RENTAL DWELLINGS Renewal: - Henry W. Norton 5240 Drew Ave. N. Terry L. Hartmann 6827 Freemont Place M B L Investment Co. 3613 47th Ave. N. Nordic Properties 3713 47th Ave. N. L H Hanggi 3725 47th Ave. N. James M. Krzesowiak 3007 51st Ave. N. Catherine P. Shefeluk 3018 51st Ave. N. SIGN HANGERS Signart Co., Inc. 2170 Dodd Road Suburban Lighting, Inc. 6077 Lake Elmo Ave. N. 3/8/93 -4- APPROVAL OF MINUTES FEBRUARY 16, 1993 - SPECIAL WORK SESSION Councilmember Rosene asked the word accommodation be changed to commendation on paragraph eight, page three, of the February 16, 1993 special work session minutes. The paragraph would be corrected to read: Councilmember Rosene inquired as to the current status of the Brooklyn Boulevard Task Force. The City Manager answered the Brooklyn Boulevard Task Force had basically completed its assignment. Councilmember Rosene asked staff to prepare a resolution of commendation to the Brooklyn Boulevard Task Force. Councilmember Rosene suggested staff no longer run new copies of the minutes after a revision had been made unless so requested by a Councilmember. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve the minutes of February 16, 1993, special work session as amended. The motion passed unanimously. FEBRUARY 22, 1993 - REGULAR SESSION Councilmember Mann asked the February 2 1993 r session minutes recognize two rY � � g citizens: Ernie Erickson and Mary Ronnebaum of the Brooklyn Center Youth Hockey Association; and change the Brooklyn Center Swim Club to the Brooklyn Swim Club. The third paragraph on page three would now read: Councilmember Mann recognized Ernie Erickson of the Brooklyn Swim Club and Mary Ronnebaum of the Brooklyn Center Youth Hockey Association. She reported the city newsletter had previously been distributed by the Brooklyn Swim Club, but the Club had found it difficult to distribute the newsletter to the entire City. She explained the Park and Recreation Commission accepted proposals from both the Brooklyn Swim Club and the Brooklyn Center Youth Hockey Association to deliver the newsletters jointly in a timely manner. She further explained the process would be open to other youth clubs in the City in 1994. Councilmember Rosene asked to change paragraph four, page three, to read: Councilmember Rosene reported on the Crime and Safety meeting which was held at Brooklyn Center High School. He stated that an apartment manager at the meeting informed the group of an Owners and Managers Association which meets once a month to discuss problems and explore ways to improve the physical condition of apartments and how to deal with the diverse tenant mix. He stated he liked this organization and asked Council and staff to research ways which would encourage all owners and managers to become members and attend the meetings. 3/8/93 -5 - Councilmember Rosene asked to change paragraph three, page nine, to record a thank you to Sharon Knutson. The paragraph would be changed to read: Councilmember Rosene explained to Council he had contacted the City Manager and requested a forum to meet with the applicants. He said Sharon Knutson, staff member, contacted the various applicants and set up meetings with 14 of the 17 applicants for the Planning Commission. He thanked Ms. Knutson for handling this matter so efficiently. He stated any one of the applicants would be qualified to serve on any commission. Councilmember Rosene asked paragraph two, page 13 be changed to state the modification would be "no less than seven days." The paragraph would be changed to read: The City Manager recommended Council instruct the staff by motion to prepare the necessary ordinance changes and come back with the first reading. He explained staff would make the modification of "no less than seven days" and check into the trimming of vegetation over City sidewalks. Councilmember Rosene asked paragraph two, page 16 be changed to read: Councilmember Kalligher reiterated she had a problem with spending $6,000 for the appraisals when the decision had not been made to go forward with the project. Councilmember Rosene asked Council and staff whether switching neighborhoods should be considered if the Earle Brown Neighborhood turned it down resoundingly. The Director of Public Works reminded Council the reason the Southeast neighborhood was chosen was due to the Maxfield report, and the need for the City to provide stimulus for improvement in the neighborhood. He explained to switch neighborhoods could be done, but there was no possibility of doing it this year. He further explained the Public Works Department had spent a great deal of time putting together the feasibility report on the Earle Brown neighborhood. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve the minutes of February 22, 1993, regular session as amended. The motion passed unanimously. Councilmember Scott requested a copy of the amended February 22, 1993, minutes. PRESENTATIONS NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL The City Manager presented Jerry Eiserman, Northwest Hennepin Human Services Council representative. 3/8/93 -6- Mr. Eiserman gave the history of the Northwest Hennepin Human Services Council; and also showed a video outlining the services provided by Northwest Hennepin Human Services Council. He thanked Northwest Community Television for creating the video. Councilmember Rosene stated the Human Rights and Resources Commission annually reviews organizations with which the City has contractual agreements; and Northwest Hennepin Human Services Council always comes out with a very high rating. SUCCESS BY 60 NORTHWEST ON TRANSPORTATION The City Manager again presented Jerry Eiserman, Northwest Hennepin Human Services Council representative. Mr. Eiserman explained Success by 60 Northwest Transportation Committee was a number of individuals who volunteer their time to identify the needs of children under the age of six. He stated the Transportation Committee had worked 1 -1/2 years studying the transportation needs of the children under age six and their families in the Northwest area. He explained the history of the program and' reported on the information received from a survey performed by the Transportation Committee. The Committee recommended setting up several transit hubs and having buses coming into these areas allowing residents to move from hub to hub in a more efficient way. He also informed Council there had been no bus service to any of the area food shelves; however there would now be service within 1 -1/2 blocks of the CEAP food shelve. He thanked Mayor Paulson for his help in obtaining bus service to the CEAP food shelve. Mayor Paulson informed Council he had met with members of the Regional Transit Board, and the Board has a vision for transit that had been put together by the MTC and Metropolitan Council which would put the Northwest area in the forefront to make changes. He further stated there is a proposal for bus service between Northtown and Brookdale Center, and from Brookdale Center to downtown Minneapolis. He reiterated there was a real need to improve transit in the Northwest area; and Success by 69 Northwest Transportation Committee had done a fabulous job. Mr. Eiserman stated the Transportation Committee could make changes if it knows what kind of changes to make. He asked the Councilmembers to inform the Transportation Committee of any transportation requests they receive from their constituents. Mayor Paulson thanked Mr. Eiserman for both of his presentations. BROOKLYN BOULEVARD STUDY The City Manager presented Mr. Geoff Martin of Dahlgren, Shardlow and Uban, Inc., and explained he would present the findings and recommendations of the Brooklyn Center Brooklyn Boulevard Task Force for the redevelopment of Brooklyn Boulevard. 3/8/93 - 7 - Mr. Martin stated the findings and recommendations of the Brooklyn Center Brooklyn Boulevard Task Force were very apropos after listening to Mr. Eiserman's representation. He explained the recommendations of the Transportation Committee fall right in line with making the City walkable and accessible to all populations. He presented an overview of the Brooklyn Boulevard study and answered questions of the Council. He also clarified Item a on page 51 of the report should read "no vehicular traffic access from residential streets "; and Item b on Page 51 should read "an 8' brick wall should be the maximum." Mr. Martin recommended the following action by the City Council: 1. Adopt this study as an amendment to the Comprehensive Plan. 2. Revise zoning ordinances as appropriate. 3. Continue communications with Hennepin County. 4. Initiate communication with Brookdale Center. 5. Continue communications with MTC 6. Proceed with Brooklyn Boulevard development projects. 7. Establish an oversight process. 8. Promote the vision for Brooklyn Boulevard. Mr. Martin thanked the Council for their time and stated it had been a pleasure working with the committee. Mayor Paulson explained the Councilmembers had received an extensive presentation of the study along with the members of the Brooklyn Boulevard Task Force at a Council .work session in February. He further stated the report was the result of cooperation of the consultant, staff, and council. Councilmember Rosene stated the February 16 minutes reflected this was a good time for the Council to seek funding from the " ISTEA" Program. He reminded Council the funds would be in great demand. The Director of Public Works reported Hennepin County was very supportive of the concepts arising from the transportation study. He further reported Hennepin County was also recommending the City apply for ISTEA funds. He explained some of the funds are devoted to transportation and others to landscaping so the City intends to work with Hennepin County and apply for ISTEA fundings as soon as possible. 3/8/93 - 8 - Councilmember Kalligher asked if Brooklyn Center would be able to work with Hennepin County on some of the expense of improving Brooklyn Boulevard. The Director of Public Works answered yes, but the breakdown of costs was still a very open question. He further explained once the ISTEA funds were received, it would be a matter of negotiating the remaining costs between the City and Hennepin County. Councilmember Rosene congratulated the Director of Public Works and his department for being on top of the availability of ISTEA funding. Mayor Paulson thanked Mr. Martin and the Brooklyn Boulevard Task Force. He stated all of the presentations at the meeting were very exciting for the City of Brooklyn Center. He further stated it showed the City was being innovative and responsive to the needs of the community; and it provides a pattern to knit an even closer community than we already have. He explained Council was not proposing to do all of this at once, but when the City is presented with development proposals, the Council can implement this vision for Brooklyn Center. He recommended staff prepare a report for implementation and schedule a Council work session to discuss the Comprehensive Plan and ordinances. Councilmember Rosene asked what sort of timeframe would be possible for the return of the report. The Director of Community Development agreed to summarize the recommendations of the Brooklyn Boulevard study and to outline the conflicts with the zoning ordinances and come back to the Council with concepts to explore and look at for the streetscape concept. He stated staff could have a draft report to the Council by the second meeting in April. Councilmember Rosene stated there was a parallel between this and implementing the recommendations of the Disabilities Act. He further stated there were some things which could be accomplished with very little or no cost and some things would have to wait until the opportunity arises. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to accept the Brooklyn Boulevard Study with a thank you to all those involved, especially the Brooklyn Boulevard Task Force; direct staff to prepare a report for the Council for the implementation of the study; and staff to bring the report to the April 26, 1993, City Council meeting. Councilmember Scott recommended the changes to the Comprehensive Plan be the first area looked at, then the zoning changes in order to fit the Comprehensive Plan. The motion passed unanimously. 3/8/93 - 9- PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 93001 APPLICANT MARDELLA HOLT The City Manager presented Planning Commission Application No. 92001 submitted by Mardella Holt requesting preliminary plat approval to subdivide an approximate 33,210 square feet parcel of land located on the west side of Twin Lake Avenue in the 4700 block into two residential parcels. This application was recommended for approval by the Planning Commission at its February 25, 1993, meeting. The Planning and Zoning Specialist explained the proposed subdivision was within the flood plan for Twin Lake and would be required to be reviewed by the Shingle Creek Watershed Management Commission prior to approval of the final plat by the City Council, and application has been made to the Shingle Creek Watershed Management Commission. He also noted the subdivision proposed by the applicant contemplates lot dimensions that are closer to the Minnesota Department of Natural Resources shoreland management standards than the minimum allowed by the City's zoning ordinance in an R2 zone. He stated the Planning Commission recommended approval of Application No. 93001 submitted by Mardella Holt subject to four conditions which he reviewed for the Council. Councilmember Scott asked why one of the properties was not considered a corner lot. The Planning and Zoning Specialist answered the right -of -way did not continue by the property to create an actual corner. Mayor Paulson asked if this would fit in with the plans for the Parks. The Planning and Zoning Specialist answered this area was being considered by the Park and Recreation Commission and this subdivision did not create any conflicts to his knowledge. Councilmember Mann asked if the applicant had any problems with the conditions. The Planning and Zoning Specialist answered no, the applicant understood and had said they would comply. There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to approve Planning Commission Application No. 93001 submitted by Mardella Holt subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provision of Chapter 15 of the City Ordinances, including the need for a Subdivision Agreement regarding additional costs for utility service lines and hook ups. 3/8/93 -10- i 3. The applicant shall apply for and receive the necessary approvals from the Shingle Creek Watershed Management Commission prior to final plat approval by the City Council. 4. The property owner, not the City, will be responsible for building and paying for any fencing between the property and the park. The motion passed unanimously. RESOLUTION RESCINDING CITY COUNCIL RESOLUTION NO. 92 -267 AND APPROVING PLANNING COMMISSION APPLICATION NO. 92003 SUBMITTED BY PHILLIPS 66 COMPANY The City Manager presented the resolution rescinding City Council Resolution No. 92 -267 and approving Planning Commission Application No. 92003 submitted by Phillips 66 Company. He explained the resolution before the Council would rescind council Resolution No. 92 -267 and would approve Planning Commission Application 92003. He further stated the resolution would also require the following: 1. An 8' brick wall along the west property line. 2. A brick exterior to the proposed building and car wash. 3. A brick landscape wall along Brooklyn Boulevard, as noted in Phillips' plans. The brick is to match that of the building and westerly wall. 4. The three parking spaces in the southeast corner will be treated as a proof of parking, with that area being landscaped. 5. A corner landscaped node to include pedestrian seating. 6. All materials and landscaping called for by this resolution to be approved by the Community Development Director. The Director of Community Development explained a service station was the appropriate land use for this property, and the site provided safe movement of traffic with the curb cuts being changed. He further explained the Phillips 66 proposal meets all requirements except the 15'. greenstrip requirement, and the 8' brick wall would replace the 15' greenstrip. He reminded Council the property has a strange shape which was not a very common occurrence along Brooklyn Boulevard, and it was because of the 18' dedication the 15' greenstrip could not be met. RECESS The Brooklyn Center City Council recessed at 9 p.m. and reconvened at 9:13 p.m. 3/8/93 Mayor Paulson stated this was a matter the Council had taken up on a number of occasions with public hearings and work sessions. He again opened the meeting to anyone wanting to address the Council. Mayor Paulson recognized Gordon Jensen, attorney in Brooklyn Park on behalf of the Holiday Service Station. Mr. Jensen stated the Council was premature to rescind Resolution No. 92 -267. He further stated the Council had just received the Brooklyn Boulevard Study and already the Council is hearing an application for variance. He stated he believed the Council should wait until after the changes are made to the Comprehensive Plan. He explained his client had an obvious economic interest in this matter, but he did not want boarded -up buildings surrounding his business either. He further recommended the Council wait until after finalizing the ordinance changes. He requested this matter be tabled until the actual ordinances were set. The City Manager explained this parcel had been singled out for early consideration after the completion of the Brooklyn Boulevard Study. He further explained the Phillips 66 plan did include most of the basic recommendations. He also stated the applicant had attended most of the meetings of the Brooklyn Boulevard Task Force and has been very patient. Councilmember Rosene agreed with the City Manager and stated he did not believe it was a matter of being premature, but the City was at a point where it must fish or cut bait. He continued to state the City has a proposal which would benefit the community. He stated Mr. Jensen had spoken well for his client; and his client is a good member of the community, and it saddened him to think this might cut into the client's income. He felt the addition of the 8' brick wall and the greater distance from the corner for the entrance and exists made this proposal very viable. Councilmember Rosene stated the proposal may not be perfect, but it was better than the boarded -up building and would be an improvement to the community. The City Manager explained the 8' brick wall was appropriate, and the feature was originally proposed as a wooden fence but the Brooklyn Boulevard Study recommended masonry and this meets that recommendation. Councilmember Rosene asked how many other inquiries there have been for this property. The Director of Community Development answered this was the only application. Gary DeMars, 6512 Orchard Avenue North, related his support for this development. Councilmember Scott explained this was not the first time the Council had seen the Brooklyn Boulevard Study. She stated the Council had reviewed the study item by item at the February 16, 1993, work session and there had been many public hearings on the proposal so the Council was very familiar with this study. 3/8/93 -12- CORRECTION Councilmember Rosene stated the applicant had waited a long time, and the study had indicated this property would be used as a service station. Mayor Paulson thanked the applicant for its patience. He explained the applicant had agreed to the 8' brick wall, the use of brick for all the buildings, the proof of parking, and pedestrian seating which encompasses most of the concerns raised in the study. Councilmember Rosene explained if it were not for the 12' abutment with the R1 property requirement, the applicant would have been able to build a cookie - cutter type station without all of the enhancements recommended by the study. Councilmember Kalligher asked staff to provide Mr. Jensen a copy of the proposed resolution. Mark Holmes inquired if a public hearing was necessary. The City Manager answered a public hearing was not required but notices had been sent out to all area residents. RESOLUTION NO.93 - 34 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION RESCINDING CITY COUNCIL RESOLUTION NO. 92 -267 AND APPROVING PLANNING COMMISSION APPLICATION NO. 92001 and 92003 SUBMITTED BY PHILLIPS 66 COMPANY The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. ORDINANCES AN ORDINANCE VACATING A PORTION OF AN EASEMENT ON LOT 31. BLOCK 6 PEARSON'S NORTHPORT 3RD ADDITION The City Manager presented an Ordinance Vacating a Portion an Easement on Lot 31, Block 6, Pearson's Northport 3rd Addition. He informed Council this ordinance was first read on February 8, 1993, published in the City's official newspaper on February 17, 1993, and was offered this evening for a second reading. Mayor Paulson opened the meeting for the purpose of a public hearing on an Ordinance Vacating a Portion of an Easement on Lot 31, Block 6, Pearson's Northport 3rd Addition. He inquired if there was anyone present who wished to address the Council. No one appeared to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to close the public hearing at 9:35 p.m. The motion passed unanimously. 3/8/93 - 13 - Councilmember Rosene requested the following words be removed from the ordinance in Section 2: "or upon fee title of Lot 31, Block 6, PEARSON'S NORTHPORT 3RD ADDITION being conveyed to Paul Benson, whichever occurs later." ORDINANCE NO. 93 -01 Member Dave Rosene introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING A PORTION OF AN EASEMENT ON LOT 31, BLOCK 6, PEARSON'S NORTHPORT 3RD ADDITION The motion for the adoption of the foregoing ordinance was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Authorizing the Mayor and City Manager to Enter into an Agreement Between the City of Brooklyn Center and North Hennepin Mediation Project for Mediation Services. He explained the City's 1993 budget has $5,000 allocated for North Hennepin Mediation Project services. He further explained the City had not yet entered into a 1993 agreement with North Hennepin Mediation Project. RESOLUTION NO. 93 -35 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND NORTH HENNEPIN MEDIATION PROJECT FOR MEDIATION SERVICES The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. The City Manager presented a Resolution authorizing the Mayor and City Manager to Enter into an Agreement Between the City of Brooklyn Center and Brooklyn Peacemaker Center, Inc. for Juvenile Diversion Services. He explained the City's 1993 budget had $10,000 allocated for Brooklyn Peacemaker Center Services. He further explained the City had not yet entered into a 1993 agreement with Brooklyn Peacemaker Center, Inc. Councilmember Kalligher asked if there was a $50 fee for people using Brooklyn Peacemaker Center. Mr. Egnell answered there is a fee depending on the circumstances and ability to pay. He further stated if the resident does not have the ability to pay, the fee is waived. 3/8/93 -14- RESOLUTION NO. 93 -36 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND BROOKLYN PEACEMAKER CENTER, INC., FOR JUVENILE DIVERSION SERVICES The motion for the adoption of the foregoing resolution was duly seconded by member Dave ` Rosene, and the motion passed unanimously. DISCUSSION ITEMS WOODCO PREFINISHING, ZONING REGULATION VIOLATION The City Manager presented the Woodco Prefinishing, zoning regulation violation. He reminded Council Mr. Wood was given a March 1, 1993 compliance date by the Council to accomplish the following items: 1. Obtain a Pollution Control Agency (PCA) permit for air emissions. 2. Cease odorous emissions detectable beyond the limits of the site. The City Manager stated the City cannot push the PCA to move more quickly; and since December 14, 1992, four smell complaints have been received and verified by staff. Councilmember Scott asked if Mr. Wood was notified immediately when staff receives complaints. Mr. Wood stated he had never been notified. He stated Clay Larson, City Building Official, had told him he had received complaints and by the time he reached the site, the odor was gone. Mr. Wood admitted there might sometimes be an odor, but it was not continuing. Councilmember Rosene agreed with Councilmember Scott that staff should notify Mr. Wood as soon as a complaint is received. He agreed with the Ordinance Amending Chapter 35 as prepared by staff, but suggested adding the City Manager or designee should personally visit the site as soon as possible but within an hour. The City Manager agreed to look at adding this language but would like some flexibility due to some cases being more complex than others. Councilmember Scott asked as long as someone was there noticing the odor, why couldn't this person order the odor to be stopped. Councilmember Rosene asked if this should be stated in the ordinance. The City Manager stated he thought this should be the policy. 3/8/93 -15 - Mr. Wood asked who is going to determine what is a noxious odor. He offered to put meters on the people who are detecting odors. Councilmember Rosene stated those who are familiar with the odor would not need to have meters. Mr. Wood stated the meters would detect if the odor would adversely affect those smelling the odor. Councilmember Rosene stated the odor was making the City an undesirable place to live. Mrs. Wood stated Woodco Prefinishing had been making some positive steps to try to reduce the odor. She informed Council the base coat material is now 100 percent water - based; and on February 2 a new filter system was installed. She also stated the Air Quality Permit application had been submitted on December 29, 1992. Councilmember Rosene said it sounded like Woodco is moving in the right direction, and if Woodco continues making changes by the time this ordinance change becomes law, there would be no need for it by Woodco Products. He did recall smelling the odor in February. Mrs. Wood stated she would like to have better communication with the neighbors. Councilmember Rosene asked if the neighbors had their phone number, and if the Woods would like the neighbors to call them before they call the City. Mrs. Wood answered yes. Mr. Wood stated he would go over and talk to the neighbors if they contacted him. Mayor Paulson suggested looking at the ordinance as due process, and the Council should focus on the ordinance itself. Mr. Wood stated he had spent a lot of money to reduce the emissions, and it was his intent to reduce the emissions to zero. Ambrose Finneman presented to the Councilmembers something he found in the parking lot of Woodco Products. He stated last summer he was sick from the odor, and he had to wear a mask. Mayor Paulson asked Mr. Finneman if he had any concerns with the ordinance or the procedure. Mr. Finneman stated when he detects the odor he phones Clay Larson and he comes out to check. He also stated he could not hang his clothes on the line because of the odor. Orville Harris asked for a written report on what has taken place. The City Manager answered the Council had been provided a written report and Mr. Harris was also provided a copy of the report and the proposed ordinance amendment. Nora King, 6906 Logan Avenue North, stated Woodco Products had until March 1 to get rid of the smell and it was still there. Councilmember Scott explained Council was proposing an ordinance which would give the Council the authority to close down a business if it was not in compliance. The City Manager stated Mr. Wood had made a number of attempts to improve the emissions. Ms. King stated she had allergies and she wanted the Council to take care of the odor problem. 3/8/93 - 16- Mr. Wood explained there were other companies in the industrial area using chemicals, not just Woodco Products. Mr. Finneman stated Woodco Products was the problem not the other companies. There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances Regarding Zoning Regulation Compliance and setting a public hearing date of April 12, 1993, at 7:15 p.m. The motion passed unanimously. BROOKDALE OFFICE PARK PROJECT BONDS The City Manager presented the Brookdale Office Park Project Bonds. He explained there was a resolution before the City Council to approve the Supplemental Indenture of Trust relating to bonds. He further explained it was basically a matter of refinancing the bonds at a better interest rate. RESOLUTION NO. 93 -37 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A FIRST SUPPLEMENTAL INDENTURE OF TRUST RELATING TO THE $3,360,000 FLOATING RATE DEMAND COMMERCIAL DEVELOPMENT REVENUE REFUNDING BONDS ( BROOKDALE OFFICE PARK PROJECT), SERIES 1984, AND RELATED DOCUMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. STAFF RECOMMENDATION FOR A BROOKDALE AREA STORM WATER MANAGEMENT STUDY The City Manager presented the staff recommendation for a Brookdale area storm water management study. He explained the primary reason for pursuing the issue at this time is the City of Minneapolis is in the process of developing improvement plans for their neighborhood, and they appear willing to incorporate the concept of a storm water pond. The Director of Public Works explained the estimate for the development of a storm water management plan for this area would cost between $15,000 and $20,000 and recommended the City fund these costs from the Storm Drainage Utility fund. Councilmember Rosene stated he fully understood this proposal due to the work sessions, and he was pleased to see the RFPs would be submitted to four firms. 3/8/93 - 17 - RESOLUTION NO. 93 -38 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING SOLICITATION OF PROPOSALS TO DEVELOP A STORM WATER MANAGEMENT STUDY FOR THE BROOKDALE AREA The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. Mayor Paulson stated after the RFPs, the City should keep its options on equal footing. He said there was a lot to be said for water as a resource. AN ORDINANCE AMENDING THE CITY CODE REGARDING THE CLEAR VIEW TRIANGLE The City Manager presented an ordinance amending the City Code regarding the clear view triangle. He explained the City Council at its February 22, 1993, meeting discussed several changes and additions to the ordinances regarding the Clear View Triangle. He further explained the ordinance was presented for first reading and incorporates the following suggestions made by council: 1. Prohibiting vegetation from overhanging sidewalks or trails. 2. Prohibiting vegetation from blocking the visibility of signs to include traffic signals. 3. The section enforcing the ordinance and authorizing City forces to abate these nuisances has been clarified and expanded. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve for first reading An ordinance Amending the City Code Regarding the Clear View Triangle and setting a public hearing date of April 12, 1993, at 7:15 p.m. The motion passed unanimously. DISCUSSION ITEMS (CONTINUED) PROPOSED AMENDMENTS TO MULTIFAMILY DWELLING RECYCLING ORDINANCE The City Manager presented the proposed amendments to multifamily dwelling recycling Ordinance. He explained there was a problem with the current Ordinance. He further explained the problem was the Ordinance states the recycling requirements are set by requirements in County Ordinances, but Hennepin County had not passed amendments to Ordinance 13 which warrants our Ordinance unenforceable. He also explained HRG staff had discovered additional details need to be added to the Multifamily Recycling Ordinance requirements in order to further protect tenants' opportunity to recycle. 3/8/93 - 18 - Councilmember Rosene asked if staff was comfortable with the wording in Subdivision 5 of the Ordinance Amending Chapter 7 of "reasonable time" for replacement of containers. The City Manager answered it was the language in Ordinance 13 and staff is satisfied with "reasonable time." AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY ORDINANCES REGARDING RECYCLING SERVICES FOR MULTIFAMILY DWELLINGS There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve for first reading An Ordinance Amending Chapter 7 of the City Ordinances Regarding Recycling Services for Multifamily Dwellings and setting a public hearing date of April 12, 1993, at 7:15 p.m. The motion passed unanimously. AN ORDINANCE AMENDING CHAPTER 12 OF THE CITY ORDINANCES REQUIRING RECYCLING FACILITIES TO BE PROVIDED AT MULTIPLE FAMILY DWELLINGS WITH MORE THAN EIGHT UNITS There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to approve for first reading An Ordinance Amending Chapter 12 of the City Ordinances Requiring Recycling Facilities to be Provided at Multiple Family Dwellings with more than Eight Units and setting a public hearing date of April 12, 1993, at 7:15 p.m. The motion passed unanimously. CONSIDERATION OF APPOINTMENTS TO THE EARLE BROWN NEIGHBORHOOD HOUSING ADVISORY COMMITTEE The City Manager presented the consideration of appointments to the Earle Brown Neighborhood Housing Advisory Committee. He named the current members of the committee and reviewed its history. He explained Councilmember Kalligher had recently recommended two more residents from the southeast neighborhood to serve on the committee: Betty Engdahl, 5337 Knox Avenue North and Joyce Lindquist, 5521 Fremont Avenue North. He further stated Councilmember Kalligher had also recommended appointment of Johanna Mills, Bob Jechorek, and Nancy Carlson. There was a motion by Councilmember Kalligher to accept the committee appointments. Councilmember Rosene concurred with Councilmember Kalligher and agreed the appointment of Nancy Carlson would provide a high octane personality to the group. Councilmember Mann asked if applications needed to be submitted for this committee. The City Manager answered this Committee had always been rather informal. The Community Development Specialist explained it was a unique committee which was initially formed as a task force. Councilmember Mann asked if suggested appointees all lived in the Southeast neighborhood. The Community Development Specialist answered the only member who did not was the one housing commission member. 3/8/93 - 19 - Councilmember Kalligher stated it would be really nice to have a full committee. Councilmember Mann congratulated Councilmember Kalligher on her recruitment efforts. There was a motion by Mayor Paulson and seconded by Councilmember Scott to appoint and reappoint: Jody Brandvold, Robert Torres, and Robert Jechorek for three year terms; Delores Hastings, Betty Engdahl, and Johanna Mills for two year terms; Pamela Frantum, Douglas Rossi, Dennis Morrow, and Joyce Lindquist for one year terms; and Nancy Carlson for appointment to the Earle Brown Neighborhood Housing Advisory Committee. The motion passed unanimously. Councilmember Kalligher informed Council the Committee needed a chairperson and asked the Mayor to authorize a vote. Mayor Paulson authorized the Earle Brown Neighborhood Housing Advisory Committee to elect and vote for its chairperson. Councilmember Rosene stated there was an enormous groundswell of activity on the various commissions and committees. He asked if the size of the commissions and committees should be increased to accommodate the number of people who want to serve and because of the number of activities going on. Mayor Paulson agreed the City had always had good participation. He suggested the Council discuss the size of commissions at a Council work session. Councilmember Scott warned if the commissions have too many members and not enough show up at the meetings, a quorum would not be met for voting. She recommended citizens be reminded they are welcome to attend all commission meetings -- they are open to the public. Councilmember Rosene agreed residents should be encouraged to attend the commission meetings. LEGISLATIVE UPDATE The City Manager presented the legislative update. He asked Councilmembers to contact Sharon Knutson at City Hall if they wanted reservations made to attend the March 18, 1993, Legislative Conference. RESOLUTIONS (CONTINUED) RESOLUTION NO. 93 -39 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF BARBARA KALLIGHER The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann. Vote on the motion: 4 ayes, one abstain. Councilmember Kalligher abstained. The motion passed. 3/8/93 -20- RESOLUTION NO. 93 -40 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF KRISTEN MANN The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott. Vote on the motion: 4 ayes, one abstain. Councilmember Mann abstained. The motion passed. There was a motion by Councilmember Mann and seconded by Councilmember Scott to reconsider commission appointments for the purpose of discussion. Vote on the motion: two ayes, three nayes. The motion failed. Mayor Paulson invited anyone with questions concerning the appointments to iv him Y Y 9 g PP give a call. Mayor Paulson stated he had received a letter of congratulations on February 22 on Brooklyn Center being named Tree City U.S.A. Mayor Paulson also named the January $50 recycling winners: Richard Wyffels, Gerald Zembal, Mr. and Mrs. Joseph Lynch, and Ronald Hall; and the February $50 recycling winners: Harlan Fricke, Bradley & Scott Boyer, Donald Brown, and John Furlong. He congratulated all the recycling winners. He also suggested giving future winners a $50 gift certificate good toward the purchase of a tree or other landscaping. Councilmember Rosene liked the idea but suggested giving the winners their choice. ADJOURNMENT There was a motion by Councilmemeber Kalligher and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:45 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Nancy Berg Timesaver Off Site Secretarial 3/8/93 -21-