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HomeMy WebLinkAbout1993 04-26 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 APRIL 26, 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, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Council Secretary Nancy Berg. OPENING CEREMONIES A moment of silence was observed. OPEN FORUM Dianne Reem, 6225 Chowen Avenue North, addressed the Council. She outlined for Council her extensive background in volunteer work in the City of Brooklyn Center. She explained she was a member of the Planning Commission, and it was her understanding a person who was appointed to a commission would be respected. She stated she had read the minutes of the April 5, 1993, City Council Work Session and noted commission members had been referred to as "stooges." She further stated she did not like being referred to in this manner. COUNCIL REPORTS Councilmember Mann reported the Park and Recreation Commission had received a petition from residents concerning the Orchard Park and storm holding pond. She further reported the Park and Recreation Commission recommended Option 3 with the two stages and they would be looking at capital improvements at their May 5, 1993, meeting. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmembers requested any items be removed from the consent agenda. Councilmember Mann requested the April 5, and April 12, 1993, minutes be pulled from the consent agenda. Mayor Paulson asked that item 12a be added to the consent agenda. 4/26/93 _ 1 _ RESOLUTIONS RESOLUTION NO. 93 -62 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 1993 ` DISEASED TREE REMOVAL, IMPROVEMENT PROJECT NO. 1993 -01, CONTRACT 1993 -A The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. LICENSES There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to approve the following list of licenses: MECHANICAL SYSTEMS E.A.H. Schmidt and Associates 3245 Winpark Drive Faircon Service 2668 Patton Road Flare heating & Air Conditioning, Inc. 664 Mendelssohn Ave. N. LBP Mechanical 315 Royalston Ave. Modern Heating & Air Conditioning, Inc. 2318 First St. NE Owens Services Corporation 930 East 80th Street S & W Heating 13610 Acacia Ave. NE Sedwick Heating & Air Conditioning Co. 8910 Wentworth Ave. S MOTOR VEHICLE DEALERSHIP Bob Ryan Oldsmobile 6700 Brooklyn Blvd. RENTAL DWELLINGS Renewal: Shingle Creek Tower 6221 Shingle Creek Pkwy. James and Bobbie Simons 6109 -11 -13 Beard Ave. N. Jack and Nancy Wold 5907 -09 June Ave. N. Ethel and Lambert Ackermann 4207 Lakeside Ave. N. #234 Dorothy Janssen /Julie & Sharon Haugen 4806 Twin Lake Ave. N. Bobby and Sally Robson 1107 57th Ave. N. Mrs. Helen Nelson- Chapman 1341 63rd Lane N. Joseph and Madeleine Roche 824 69th Ave. N. SIGN HANGER Nordquist Sign Co. Inc. 312 West Lake St. 4/26/93 -2- C APPROVAL OF MINUTES APRIL 5. 1993 - SPECIAL WORK SESSION Councilmember Mann asked paragraph 2, on page 5 of the minutes be changed to read: Councilmember Mann explained she did not feel the Council was following its own resolutions concerning commission appointments. She stated that qualifications, geographic representation and gender guidelines had been ignored in the past. She further stated she could only assume this would be a ploy for the Mayor to appoint more stooges. Mayor Paulson then suggested all our citizens were stooges and asked that the word "stooges" be put in the record. Councilmember Mann asked the following be added to the end of paragraph 3, page 5: ... Rights and Resources Commission the whole City would benefit. She stated she acknowledged transportation is an important issue, lateral service through the community and between communities. She further stated right now low income residents cannot get to doctor appointments or medical care. Councilmember Mann asked paragraph 4, page 5 be changed to read: The City Manager stated the Human Rights and Resources Commission at its next meeting would be discussing whether there was a need for additional membership. Councilmember Mann stated she was very interested to know what they decided and if a majority of commissions were in favor of increasing, she would be more than willing to discuss increasing commission size. Councilmember Rosene explained he was not trying any kind of political ploy. Councilmember Mann suggested sending a statement to all commissions asking for their input. The City Manager agreed to provide Council with a draft statement to send to commission members. Mayor Paulson stated such additions and corrections were unnecessary and politically orientated as pointed out by Ms. Reem. He suggested Council get on with its business. There was a motion by Councilmember Mann to approve the minutes of April 5, 1993, Special Work Session as amended. The motion failed for lack of a second. Councilmember Rosene stated he could not approve the corrections if they included any reference to Mayor Paulson referring to citizens as "stooges." He explained this would not be the way he remembered the discussion. He also asked paragraph 2, page 5 be changed to read: Councilmember Rosene explained he had attempted to be even - handed at the DFL meeting when he voted for the first motion. He explained he had voted with Councilmember Mann and Diane Lerbs, and he had taken a lot of heat ever since. 4/26/93 -3- Mayor Paulson pointed out the Council Secretary generally did a good job of taking the minutes, and he did not want to start every meeting taking apart the minutes for minor changes. There was a motion by Councilmember Rosene and seconded by Councilmember Mann to table the April 5, 1993, Special Work Session minutes until they had been reviewed by Mayor Paulson and Councilmembers Mann and Rosene. Vote on the Motion: 3 ayes and 2 abstain. Councilmembers Scott and Kalligher abstained. APRIL 12, 1993 - REGULAR SESSION Councilmember Mann asked the last sentence in paragraph 4, page 6 be changed to read: ... She added it is important for these neighborhoods to be represented on each commission, an excellent base for neighborhood groups, but this is not the case with certain areas. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve the minutes of April 12, 1993, Regular Session as amended. The motion passed unanimously. Y RECONVENE BOARD OF EQUALIZATION 5332 RUSSELL AVENUE NORTH, PID #02- 118 -21 -34 -0055 The City Manager reconvened the Board of Equalization on the matter of 5332 Russell Avenue North, PID #02- 118 -21 -34 -0055. He explained there had been a difference of opinion in regard to the value of the property, but an agreement had now been reached at $113,300. Councilmember Rosene stated if the Council had a property owner and City Assessor in agreement, the Council should approve. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve 5332 Russell Avenue North, PID #02- 118 -21 -34 -0055. The motion passed unanimously. MAYORAL APPOINTMENTS The City Manager presented the Mayoral appointments and explained the appointments would be to the Financial Commission, Human Rights and Resources Commission, and Northwest Hennepin Human Services Council Advisory Commission. He further explained the item was tabled to the April 26, 1993, City Council meeting because of the lack of a unanimous vote by the City Council on the Mayor's recommendations. He further stated the City Council may now approve the appointments recommended by the Mayor by majority vote. 4/26/93 4 Councilmember Mann inquired if any of the applicants had withdrawn. Mayor Paulson answered yes, Sarah Pollock had withdrawn from the Human Rights and Resources Commission. Councilmember Rosene explained he had received a call from a resident asking him to vote against the appointments because the Human Rights and Resources Commission would remain 100 percent female and the majority of the members would also be from the Southeast neighborhood. He further explained the Council had guidelines to follow for ender, racial and neighborhood 1 g � g od ba ance. He noted there were many folks of various ethnic backgrounds at the town crime meetings. He further noted the commission and the City would greatly benefit from ethnic balance. He agreed the Mayor's choices were the best. Councilmember Mann asked Mayor Paulson if he was requesting appointment of the same applicants. Mayor Paulson answered yes. Councilmember Mann stated it was the duty of the Council to uphold City Resolutions, particularly ones that allow citizens to participate in the process. She continued the resolution for representation requirements for citizens commissions states: 'Due regard shall be given by the Mayor and City Council in appointment of commission members." She explained in fact, three of the current Council voted for these requirements. She agreed all the applicants were qualified for the commissions, however by using our requirements, an unrepresented neighborhood could be represented, there could be the start' of gender balance on another unrepresented commission and we could gain a majority representation. She stated these appointments were wrong. She further stated they were against the spirit of citizen involvement, they ignore representation requirements, and they were inconsistent. Councilmember Mann continued if the Council did not take its representation requirements into account, Council would be misleading all citizens. She asked on what would the Council be basing its votes? She also asked if applications were going to be a thing of the past as previously demonstrated? She stated leadership based on partnership with citizens works. She continued to state successful communities and city governments of the future would be working together as partners in the process. Councilmember Mann asked Council to vote no, not to usurp the Mayor, but to keep the Council accountable to the citizens of Brooklyn Center and to follow representation requirements when appointing commission members. Mayor Paulson asked Councilmember Mann if there was someone else she wanted appointed. Councilmember Mann answered perhaps the assessor applicant would have been a much better choice for the Planning Commission and the analyst applicant would have been better for the Financial Commission. Mayor Paulson inquired to whom Councilmember Mann was referring. Councilmember Mann responded Lee Anderson. 4/26/93 -5 - CORRECTION: Councilmember Scott agreed gender balance and area representation was important to the commissions. She explained the Human Rights and Resources Commission was overloaded with females and representatives from the Southeast neighborhood. She further stated Brooklyn Center was one of the few cities without male representation on the Human Rights and Resources Commission. She agreed with appointing a minority applicant to the Human Rights and Resources Commission, but she still felt the commission was out of balance. She stated she agreed with the Mayor's appointment to the Human Rights and Resources Commission. She further stated she did not understand his appointment to the Financial Commission, but the commission would be balanced, and she supported his appointment to the Financial Commission. Councilmember Rosene stated it was unfortunate there weren't more female applicants for the Financial Commission, and it was also unfortunate there weren't more males applying for the Human Rights and Resources Commission. He explained the members of the Human Rights and Resources Commission were doing an excellent job, and if the commission members were interested in the Financial Commission and if some men were interested in the Human Rights and Resources Commission, the Council should look at making changes. He further explained when he referred to residents as folks, he was not referring to any ethnic background. Councilmember Scott appreciated Councilmember Rosene's comments, but she stated she felt all neighborhoods needed to be represented because different neighborhoods had different problems. She further stated she would not agree to a size increase on the Human Rights and Resources Commission if the new members were not males. She stated she believed many males would be interested in serving on the Human Rights and Resources Commission. Councilmember Kalligher pointed out the Council must realize it cannot change something overnight. She further stated the Council was trying to balance the commissions. She also stated the Council must stop bickering among itself. Mayor Paulson stated he hoped the Council's future appointments to the commissions would move toward gender and ethnic balance. He pointed out the commissions are getting there and there was an overall balance. There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to approve the following Mayoral Appointments: FINANCIAL COMMISSION Ned Storla, 4207 Lakeside Avenue North, #328 HUMAN RIGHTS AND RESOURCES COMMISSION Sherry Maddox, 5711 Knox Avenue North 4/26/93 -6- NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION Delores A. Fehlberg, 4512 Woodbine Lane Vote on the motion: four ayes, one nay. Councilmember Mann voted nay. The motion passed. PLANNING COMMISSION APPLICATION NO 93002 SUBMITTED BY BROOKDALE CHRISTIAN CENTER ASSEMBLY OF GOD The City Manager presented Planning Commission Application No. 93002 submitted by Reverend Robert Cilke on behalf of Brookdale Christian Center Assembly of God. He explained the application was a request for preliminary plat approval to subdivide an approximate 6 acre parcel of land located at 6030 Xerxes Avenue North into three lots and an outlot. He further explained the application had been recommended for approval -by the Planning Commission at its April 15, 1993, meeting. The Planning and Zoning Specialist used overhead slides to show the Council the area and reviewed the Planning Commission's discussion of the application. He explained the plat appeared to be in order, and the Planning Commission recommended approval of Application No. 93002 subject to five conditions which he reviewed for the Council. Councilmember Rosene asked the distance between the garage on Lot 1 and the proposed outlot to the North. The Planning and Zoning Specialist answered five feet, which was the minimum. Councilmember Rosene asked if the property would now be subject to taxes. The Planning and Zoning Specialist answered because the property was leased, it was subject to taxes right now. Councilmember Scott asked Reverend Robert Cilke if the property to the North of this subdivision containing another church building was currently rented out and for sale. Reverend Cilke answered yes. Councilmember Scott asked if the property was sold, was he proposing to add parking on the east side and did he anticipate parking problems. Reverend Cilke answered yes he would add parking on the east side, if needed, but he did not anticipate any parking problems. Councilmember Mann asked Reverend Cilke if he had any problems with the Planning Commission's requirements. Reverend Cilke answered no. Councilmember Mann stated the Planning Commission had done an excellent job. There was a motion by Councilmember Mann and seconded by Councilmember Rosene to approve Planning Commission Application No. 93002, submitted by Brookdale Christian Center Assembly of God, subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 4/26/93 -7- 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances, including the need for a subdivision agreement regarding costs for utility service line extensions and hook ups as well as extension of Vincent Avenue North. 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. Applicant shall provide an easement for access purposes over Lot 1, Block 1 to Lot 2, Block 1 for access to the garage area of the existing single family home. 5. Approval of this preliminary plat comprehends the west property line of Lot 2 to be a front property line for building set back purposes. The motion passed unanimously. Mayor Paulson recognized Mike Opat, County Commissioner, in the audience. He welcomed Mr. Opat to the meeting and suggested he make a presentation sometime in the future to keep the Council up -to -date on matters at the County level. Councilmember Rosene pointed out Mr. Opat had attended many Council meetings and also the crime and safety meetings. DISCUSSION ITEMS REPORT ON TOWN MEETINGS - CRIME AND SAFETY The City Manager presented the report on town meetings -- crime and safety held on February 18, 1993, and February 27, 1993. The Chief of Police stated he was pleased to present to the Council a summary on the two crime and safety town meetings. He summarized the report for the Council highlighting the citizens' concerns for safety and the need for additional police patrol. Councilmember Scott agreed the Curfew Ordinance was in need of revision. She suggested when it was changed the schools should be informed so they can inform the students. She also suggested providing pamphlets for the students to take home to their parents. She agreed with the suggestion by the Chief of Police and Lucy Gerold to hold a town meeting with juveniles. She stated the City must get the parents, community, and schools to work hand -in -hand. She also stated she would like to participate in a town meeting with the youths and help in any way she could. She stated she was also concerned about the lighting htin g g at commercial areas and suggested the community service officers contact the commercial enterprises about increasing their lighting. III 4/26/93 -8- Councilmember Rosene stated he was pleased to see the Police Department had already taken some steps to implement some of the suggestions. He congratulated the Chief of Police on inviting the appropriate officials to attend the town meetings. He also agreed it was time to adjust the curfew hours. He suggested once they are adjusted, residents need to be informed they will be enforced. He also stated he thought parents needed to have greater ability to eliminate inappropriate behavior in their children. Councilmember Mann concurred with Councilmembers Scott and Rosene. She suggested the City hold a cultural diversity seminar on an annual basis. Councilmember Rosene stated this was a long -range plan of CO -OP Northwest. Councilmember Kalligher asked if the report would be made available to the people who attended the town meetings. The Chief of Police stated he would be sending the report to certain elected officials and copies would be available at the Police Department after noon on April 27, 1993, at the information desk. Councilmember Mann asked if the Police Department was looking into the truancy issue. The Chief of Police answered he had met several times with school offices, and the decision of what to do about it was up to the school officials. Councilmember Kalligher asked if the youth town meeting would be held before school was out. The Chief of Police answered yes, the police would be meeting with a group of young people before school was out, and then he hoped to have a town meeting with the young people and with involved adults to interact between the generations. Councilmember Rosene asked if the Councilmembers would be involved in both meetings. The Chief of Police answered no, not at the youth meetings. Councilmember Mann asked if it would be appropriate to recommend coming back to Council with a resolution approving these action plans so they can advance. The City Manager answered this would be more appropriate at a later stage. He further explained it was his recommendation to get some of the youth involved first, package the items in groupings, submit. to the appropriate elected officials, and then put into a resolution. There was a motion by Councilmember Rosene and seconded by Councilmember Mann to accept the Report on Town Meetings -- Crime and Safety with thanks and to endorse in concept - the action plans contained therein and to thank Chief Hampton and Lucy Gerold. Councilmember Scott thanked all the people and stated the entire Council would like to thank all the people who attended the town meetings so the Council can make Brooklyn Center a better place to live. Mayor Paulson stated the town meetings were initiated because Councilmember Rosene asked about crime and safety and had suggested a town meeting. He further stated Council then turned to staff and staff set up a meeting with the Chief of Police and together they set up the town meetings and notified the residents. He continued to explain the residents attended the meetings giving their opinions and recommendations. He stated this makes for 4/26/93 -9- better public policy. He suggested added visibility to the police force and recommended additions to the police force as part of the 1994 budget. He called for an ongoing form of communication and ongoing way to address some of these problems. He also suggested Council should think about adding a police and public safety commission such as the task force on drug awareness. Councilmember Rosene pointed out to the citizens in the April 5, 1993, minutes there was a suggestion for a town meeting discussion on the 1994 budget to be held before Memorial Day. He stated if citizens want to pay more for additional officers, they should attend the meeting. The motion passed unanimously. WATER UTILITY METER READING POLICY The City Manager presented the water utility meter reading policy. He explained on January 25, 1993, the Council had approved an amendment to the water utilities administrative policy regarding water shut offs where customers have not paid their utility bill. He further explained the amended procedure would provide customers with the right to demand a hearing before the City Council to show cause as to why their water should not be shut off. Councilmember Scott asked if a separate notice would be sent to these customers, and if they did not know how to read the meter, would someone from City Hall help them. The City Manager answered yes a notice would be sent, and staff would help in any way they could. Councilmember Kalligher asked if a resident was paying the prorated bill but was still not reading the meter, would a notice be sent. The City Manager answered yes. RESOLUTION NO.93 -63 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE WATER UTILITY METER READING POLICY The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. TREE CITY USA AND ARBOR MONTH STATUS The City Manager presented the Tree City USA and Arbor Month status. He explained Brooklyn Center had been designated a Tree City USA by the National Arbor Day Foundation. He further explained this designation was in recognition of the City's commitment to preserving and increasing its urban forest. 4/26/93 - 10 - Mayor Paulson showed the plaque to the audience and read the inscription. He asked staff to place the plaque in an appropriate spot in City Hall. RESOLUTION NO. 93 -64 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. PROCLAMATION DECLARING APRIL 30 1993 AS ARBOR DAY AND MAY 1993 AS ARBOR MONTH IN BROOKLYN CENTER The City Manager presented a proclamation declaring April 30, 1993, as Arbor Day and May 1993 as Arbor Month in Brooklyn Center. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to declare April 30, 1993, as Arbor Day and May 1993 as Arbor Month in. Center. The motion passed unanimously. Councilmember Scott asked when the trees and shrubs would be planted on 69th Avenue. The City Manager answered staff was trying to coordinate the planting with Arbor Day. CO -OP NORTHWEST The City Manager presented the CO -OP Northwest funding request. He explained the request had originally been brought to the City Council and then referred to the Human Rights and Resources Commission, its recommendation came to the Council and the City Council then referred the request to the Financial Commission. He further explained the Human Rights and Resources Commission had recommended approval of the funding request, and the Financial Commission recommended the Council review the definition of the contingency fund contained in their financial policies, and if this funding request fit that definition, they would view it as acceptable. He continued to state staff believed the proposed funding request for CO -OP Northwest met the criteria contained in the contingency definition. He further stated it would benefit the City of Brooklyn Center in that by expending $5,678 the City would receive more funding in return through its participation in this program. Councilmember Scott agreed with the City Manager that the City would be getting much more from the program then it would be spending on the program. Donn Escher, Chair of the Financial Commission, thanked the Council for sharing this matter with the Financial Commission. He stated the Commission had spent a considerable amount of time reviewing this matter, and the Commission would also be reviewing the 4/26/93 Council's request to set up criteria for future requests. He continued the Financial Commission felt this was an established program and it was an augmented budgetary program. He stated the Commission was concerned this might become a recurring request. He suggested the Council look at the budget and where it might find the $5,678 without tapping the contingency fund. Councilmember Rosene appreciated the Financial Commission spending its time and efforts to help the Council. He further stated the City Council had pretty much always endorsed the CO -OP Northwest. He agreed this request for money did seem like an unforeseen budget impact. He stated whether it was recurring or not was not sure, but CO -OP Northwest had said they would use outside fundin g q in the future. He felt the request would fit the criteria. Councilmember Kalligher felt this was a worthwhile program, but the Council must realize it had already set its budget, and the Council must live within its means. She stated the Council would have to say no to CO -OP Northwest in the future. Councilmember Rosene suggested the Financial Commission look at the evaluation used by the Human Rights and Resources Commission for evaluating uch requests. g q Councilmember Mann stated she felt the request was unforeseen. RESOLUTION NO. 93 -65 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE GENERAL FUND BUDGET TO PROVIDE FUNDING ASSISTANCE TO NWHHSC CO -OP NORTHWEST The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher. Councilmember Mann suggested informing CO -OP Northwest their funding requests would have to be part of the 1994 budget. Councilmember Kalligher verified Councilmember Mann was requesting CO -OP submit their financial request during the budget process, not after the budget had been set. The City Manager explained the Council wanted to look at funding during the budget process, not during a special session. Councilmember Rosene stated he was sure CO -OP Northwest would be able to comply with this request. The City Manager offered to communicate the Council's wishes to CO -OP Northwest. The motion passed unanimously. 4/26/93 - 12 - LEGISLATIVE UPDATE The City Manager presented the legislative update. CONSIDERATION OF SPECIFIED LICENSE CLASS B AND SUNDAY ON -SALE INTOXICATING LIQUOR LICENSE TO INNCO INC., DBA PARK INN INTERNATIONAL The City Manager presented consideration of specified license for Class B and Sunday on- sale intoxicating liquor license to Innco, Inc., dba Park Inn International. There was a motion by Councilmember Scott and seconded by Councilmember Mann to approve issuance of a Class B and Sunday On -Sale Intoxicating Liquor License to Innco, Inc. dba Park Inn International. The Chief of Police recommended approval of the license and requested the City taxes be paid prior to issuance of license. The City Manager explained the applicant had been told they would not receive the license until the taxes were paid. Councilmember Scott recommended issuing the license in accordance with all applicable ordinances. The motion passed. Vote on the motion: four ayes, one abstain. Mayor Paulson abstained. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:45 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Nancy Berg TimeSaver Off Site Secretarial 4/26/93 - 13 -