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HomeMy WebLinkAbout1992 11-23 CCM Regular Session I CORRECTION 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 NOVEMBER 23, 1992 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, Jerry Pedlar, Dave Rosene, and Philip Cohen. Also present were City Manager Gerald Splinter, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, and Council Secretary Nancy Berg. OPENING CEREMONIES Al Johnson offered the invocation. OPEN FORUM Ulysses Boyd addressed the City Council stating his concern for the upkeep of property in Brooklyn Center especially by absentee owners. He reported there are many homes in need of outside maintenance such as painting and landscaping, and many of these homes are owned by elderly residents. Mr. Boyd suggested the City promote and encourage a paintathon and cleanup in the Spring of 1993. Mayor Paulson thanked Mr. Boyd for his suggestion COUNCIL REPORTS Councilmember Pedlar distributed a brochure to the Council from American Volkssport Association, an organization which promotes physical fitness. Volkssport has requested permission to use Brooklyn Center's trails and walkways for their physical fitness programs. Councilmember Pedlar reported the Park and Recreation Commission had unanimously approved Volkssport's request and is asking Council if they would like to see a presentation by Volkssport. Councilmember Rosene inquired to what extent the City's trails would be impeded by this group. Councilmember Pedlar answered it is a season -long event, without a start or stop time, and the trail -ways will not be closed to the residents at any time. He further explained this is an 11/23/92 - 1 - CORRECTION opportunity for economic benefit to the City because so many people would be coming through the City. Councilmember Rosene stated he had no problem with approving this at the Commission level. Councilmember Scott asked how the program works. Councilmember Pedlar answered it is organized as an on -going event, not one in which the members participate all at once. Councilmemeber Cohen asked if the Council needs to take any action. Councilmember Pedlar answered he is asking if the Council approves of this type of use of the City's trails and walkways, and does the Council want this type of presentation brought for their review. Councilmember Cohen answered he had no problem approving as long as the rest of the community is not denied use of the trails. Councilmember Pedlar asked the City Manager if he could see any difficulties in granting approval. The City Manager answered no. Councilmember Cohen asked the City Attorney if the City will have any additional liability by endorsing this activity. The City Attorney answered no. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to approve the recommendation by the Park and Recommendation Commission to grant use of the City's trails and walkways to the American Volkssport Association. The motion passed unanimously. There was a motion by Councilmember Cohen and seconded by Councilmember Rosene to direct staff and the Housing Commission to review Mr. Boyd's recommendations and reference to outside maintenance, such as landscaping, and to organize a paintathon in the Spring of 1993. The motion passed unanimously. Councilmember Rosene reported he had called staff to request preparation of a resolution honoring Dr. Marl Ramsey, and he congratulated staff for having already done so. Councilmember Rosene read the resolution honoring Dr. Marl Ramsey. RESOLUTION NO. 92 -261 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION OF CONGRATULATIONS FOR DR. MARL RAMSEY, SUPERINTENDENT OF OSSEO SCHOOL DISTRICT NO. 279 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmembers requested any items be removed from the consent agenda. None were made. 11/23/92 -2- APPROVAL OF MINUTES _NOVEMBER 9, 1992 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the minutes of November 9, 1992, regular session as printed. The motion passed unanimously. NOVEMBER 10, 1992 - BUDGET WORK SESSION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the minutes of November 10, 1992, budget work session as printed. The motion passed unanimously. NOVEMBER 12, 1992 - BUDGET WORK SESSION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the minutes of November 12, 1992, budget work session as printed. The motion passed unanimously. PROCLAMATION Member Celia Scott introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING NOVEMBER 30 - DECEMBER 4, 1992, AS MANUFACTURERS' WEEK The motion for the adoption of the foregoing proclamation was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTIONS RESOLUTION NO. 92 -263 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE BROOKLYN CENTER LIONS CLUB The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 92 -264 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT, APPROVING PLANS AND SPECIFICATIONS, ACCEPTING PROPOSAL AND AWARDING CONTRACT FOR IMPROVEMENT PROJECT NO. 1992 -26, WELLS NO. 4 & NO. 9 MAINTENANCE 11/23/92 -3- The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 92 -265 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE THIRD -PARTY AGREEMENTS FOR YEAR XVIII URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 92 -266 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED FOR IMPROVEMENT PROJECT 1992 -02, LOCAL AREA NETWORK SYSTEM FOR THE CITY OF BROOKLYN CENTER FACILITIES The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the following list of licenses: GASOLINE SERVICE STATION Brookdale Unocal 76 5710 Xerxes Avenue N. Brookdale Center Service 76 6245 Brooklyn Blvd. Christy's Auto Service 5300 Dupont Avenue N. MECHANICAL SYSTEMS Dependable Indoor Air Quality, Inc. 2619 Coon Rapids Blvd. RENTAL DWELLINGS Initial: Steven & Marla Gemar 5540 Knox Avenue N. Mike Hannon 1339 - 67th Lane N. Renewel: Randall B. Cook 5347 Brooklyn Blvd. Ronald L. Nyberg 5301 Dupont Avenue N. Patrick Menth 5302 Fremont Avenue N. 11/23/92 -4- Delores Hanson 7210 Perry Court East Duane & Jenny Christiansen 5400 Sailor Lane Gregory M. Ray 3713 Urban Avenue N. The motion passed unanimously. ORDINANCES The City Manager presented An Ordinance Amending Chapter 6 of the City Ordinances Regarding the Administrative Code of the City. This item will delete the Department of Planning and Inspection and the Director of Planning and Inspection and add the Department of Community Development and Director of Community Development as proposed in the 1993 budget. This item is offered for a first reading this evening. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve for first reading an Ordinance Amending Chapter 6 of the City Ordinances Regarding the Administrative Code of the City. The motion passed unanimously. DISCUSSION ITEMS DESIGNATION OF A THIRD PRESIDING OFFICIAL FOR CITY COUNCIL The City Manager presented for discussion a Resolution Establishing and Designating an Acting President Pro Tem of the City Council. He explained on occasion both the Mayor and pro tem of the City Council are absent from a Council meeting at which a quorum is present. The resolution will provide for the designation of an acting pro tem who will preside in the absence of both the Mayor and pro tem. Councilmember Rosene thanked staff for drafting this resolution; however, he stated it was more specific than he had intended. He stated it was not his intent to designate a third presiding officer by name, but to designate by seniority. He explained by designating by seniority and not name, when the members of the Council change, a new resolution will not have to be drafted. Councilmember Rosene presented a revised Resolution Establishing and Designating an Acting President Pro Tem of the City Council. Councilmember Cohen asked how often both the Mayor and pro tem are absent. Councilmember Rosene answered twice in the last two months. RESOLUTION NO. 92 -262 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING AND DESIGNATING AN ACTING PRESIDENT PRO TEM OF THE CITY COUNCIL The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. 11/23/92 -5 - 1993 COUNCIL MEETING SCHEDULE The City Manager presented the proposed 1993 Council meeting schedule. Councilmember Scott suggested the Council approve only the schedule for January at this time, and allow the new Council to approve the rest in January. Councilmember Rosene asked if the Council is scheduling a meeting for the first business day in January to swear in the new Council members. The City Manager answered this can be scheduled anytime after January 1, 1993, and before the first Council meeting. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to set the January 11 and January 25, 1993, City Council meeting dates and place the rest of the 1993 Council Meeting Schedule on the January 11, 1993 agenda. The motion passed unanimously. VIOLATION OF ZONING ORDINANCE ODOR STANDARDS - WOODCO PRODUCTS, 6800 SHINGLE CREEK PARKWAY The City Manager presented the violation of zoning ordinance odor standards - Woodco Products, 6800 Shingle Creek Parkway. He explained the inspection department has requested formal action on a determination of compliance under our Zoning Ordinance at the December 14, 1992, City Council meeting. The City Manager further explained Woodco is currently installing higher stacks which will mitigate some of the problems, and staff is requesting changes in the type of product used which will further reduce emissions. Councilmember Scott asked why Woodco Products did not have a PCA permit. The City Manager answered Woodco Products was unaware of the requirement. Councilmember Scott asked if the City can require these types of companies to have permits on file with the City. The City Manager answered if a company has a PCA permit, a copy is on file with the City. Councilmember Pedlar inquired when the fire department last inspected the property. The City Manager did not know, but stated Woodco has met all the requirements except for the odor standards. There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen to approve staff recommendations, and the motion passed unanimously. 1992 PRIORITIES UPDATE The City Manager presented the 1992 priorities update. He explained early in 1992 the City Council decided to forego the annual planning process for 1992 to allow staff and advisory commissions time to be directed at the Financial Commission's work with the prioritization process. He further explained the priorities established in 1991 were extended for 1992. 11/23/92 -6- i The City Manager asked the Council to discuss and decide whether to extend the 1991 -1992 priorities through 1993 or decide on a process for 1993. The City Manager stated the cost of the planning process is approximately $2,000 to $3,000. Councilmember Rosene asked what the City received for this money. The City Manager explained a facilitator was hired, two meetings were held, a computer was rented and mailings went out. Councilmember Scott agreed there is a need to look at the priorities. However, she recommended scheduling a meeting with all commissions for discussion rather than hiring a facilitator and renting a computer. The City Manager offered to provide Council with a scaled down process. Councilmember Pedlar agreed with Councilmember Scott stating there is a definite value to this process and value in the interaction and the brainstorming. Councilmember Rosene stated the Human Rights and Resources Commission is making plans to bring together all commissions and department heads. Mayor Paulson asked staff to work with all the commissions and to include the members of Council. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING GREENSTRIP REQUIREMENTS The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding Greenstrip Requirements. He explained to Council this Ordinance amendment is directly related to three resolutions regarding Application Numbers 92001, 92002, and 92003. He suggested Council consider the three resolutions and the Ordinance amendment at the same time. Jon Baccus, Phillips 66 Company, requested the site plan application be tabled until the completion of the Brooklyn Boulevard Study. He explained Phillips 66 understands the Council's concerns about the site plan. Councilmember Cohen asked if the underground tanks have been removed from this property. The City Manager answered yes, one year ago and Phillips 66 has up to two years from the date of removal to use this property as a gas station. Councilmember Rosene stated this is a nonconforming use of this property. He explained if the Council believes a filling station is not an appropriate use of this property, the Council should not approve the plat. 11/23/92 -7- I i I Mayor Paulson asked if the Council approved the plat, variance and ordinance, could the Council deny the site plan. The City Manager answered if the Council approved just the plat and not the variance, then the Ordinance governs the use of the site. Councilmember Rosene explained if there is a nonconforming use of a property, and the building is burned more than 50 percent, it cannot be rebuilt for that purpose. Councilmember Rosene stated he would not recommend approving the variance or the site plan. Mayor Paulson stated the question is does the City want a filling station on this property. He stated he would like to wait for the consultant's report. Councilmember Cohen asked if the Council approves the plat and the first reading of the Ordinance, what is the timeline for the second reading and eventual approval. The City Manager stated it must be reviewed by the Planning Commission before the second reading. Councilmember Cohen agreed with Councilmember Rosene that the only use that has come forward for this property is this application. He encouraged the Council to continue to work with Phillips 66 to see this property developed. Councilmember Pedlar asked if the Council approves the plat and the first reading of the Ordinance, would it be possible to receive the consultant's report prior to the second reading of the Ordinance. The City Manager answered it is possible. Councilmember Pedlar stated Council would like to see the results of the study, approve the plat and the first reading of the Ordinance, and then after the presentation of the study, present the Ordinance for second reading. The Director of Planning and Inspection clarified the Council was reviewing, discussing and giving direction with respect to an Ordinance Amendment to the 15' Greenstrip, and then referring the matter to the Planning Commission for their required input and recommendation. He further explained the City Council was to review the proposed language and discuss the desirability of having the Ordinance affect all zoning districts or perhaps limit it only to a few common districts or allow it only on certain streets such as major thoroughfares. He continued to explain the language presented addressed only one section in the Ordinance which refers to all zoning districts. There are four other sections in the Ordinance that deal with the same requirements and might need to be amended depending on the direction the Council gives. Councilmember Scott stated the first thing the Council needs to decide is whether the Plat is approved or not. Councilmember Rosene stated he was in favor of going along with the plat approval until he realized if the Council approves one step it is harder to deny other steps. Mayor Paulson stated approving the plat would not be detrimental to putting something nice on the property. 11/23/92 -8 - Councilmember Cohen stated the issue is redevelopment on Brooklyn Boulevard, and the Council may not find our Ordinances neatly packaged to take care of redevelopment on Brooklyn Boulevard. He stated he was not impressed with the progress on the study by the consultant. Councilmember Cohen stressed the need for redevelopment on Brooklyn Boulevard, and this is a corporation willing to redevelop with their own money. Mayor Paulson a o stated he had met with the consultant and liked the ideas Y resented so far. P He stated this study is what the City must do for the long run - -the future plan and vision for Brooklyn Boulevard. Councilmember Pedlar stated he was concerned about the progress of the study. He agreed with Mayor Paulson to redevelop Brooklyn Boulevard, however the Council will have to prioritize where the dollars will go. He suggested there may be more benefit to the community as a whole to prioritize the residential property. Councilmember Pedlar advised Council to be cautious. He said the Council has an opportunity to remove an eyestore, and the Council must be realistic. Councilmember Pedlar agreed to wait for the consultant's report. Mayor Paulson stated Council is not shutting down this application, but the Council must take the action that is in the best interest of the City. He explained the frontage road being proposed by the consultant is very unique and must be looked at more closely. Mayor Paulson asked Council to wait until the study is completed to consider this application. RESOLUTIONS (CONTINUED The City Manager presented a Resolution Regarding the Disposition of Planning Commission Application No. 92002 submitted by Phillips 66 Company. There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen to approve Application No. 92002 submitted by Phillips 66 Company 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 provisions of Chapter 15 of the City ordinances. 3. The preliminary plat shall be revised, prior to consideration by the City Council, to indicate a dedication of right -of -way for future widening of 69th Avenue North of 18' in width. The motion passed. Mayor Paulson voted against the motion. The City Manager presented a Resolution Regarding the Disposition of Planning Commission Application No. 92003 submitted by Phillips 66 Company. 11/23/92 _ -9- I RESOLUTION NO. 92 -267 Member Celia Scott introduced the following resolution and moved its adoption with the removal of Finding Number 1 and renumbering the subsequent findings accordingly: RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 92003 SUBMITTED BY PHILLIPS 66 COMPANY The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene. Vote on the motion: four ayes, one nay. The motion passed. Councilmember Pedlar noted nay. Councilmember Scott suggested referring the Ordinance Amending Chapter 35 of the City Ordinances Regarding Greenstrip Requirements to the Planning Commission. She stressed the need to look at the large picture, not just how it applies to one piece of property. Councilmember Rosene stated he had a problem amending an Ordinance. He explained whenever the Council rules on this type of thing, the Council is setting standards, and the Council must be very careful There was motion by Councilmember Cohen and seconded by Councilmember Scott to refer An Ordinance Amending Chapter 35 of the City Ordinances Regarding Greenstrip Requirements to the Planning Commission to develop a set of standards for greenstrip requirements that would deal with redevelopment of Brooklyn Boulevard and other similar areas of the City. Mayor Paulson asked what else would be added to the requirements. The City Manager answered the Council should allow some flexibility in the standards because of the needs of redevelopment. Councilmember Rosene stated to deny Couneilmember's Cohen motion would be tantamount to saying the only way to make our City look nice is greenstrip. He encouraged the Council to allow the Planning Commission to discuss and provide a recommendation. The Director of Planning and Inspecting stated the standards give some flexibility, but it is very difficult to write an ordinance that gives flexibility but also sets a standard for all cases. The motion passed unanimously. The City Manager presented a Resolution Regarding the Disposition of Planning Commission Application No. 92001 submitted by Phillips 66 Company. Jon Baccus explained the reason Phillips 66 Company was requesting tabling of Application No. 92001 was to wait for the results of the redevelopment study. 11/23/92 -10- CORRECTION There was a motion by Councilmember Scott and seconded by Councilmember Cohen to table Application No. 92001 per the applicant's request until the Brooklyn Boulevard Study is completed. The motion passed unanimously. RE CESS The Brooklyn Center City Council recessed at 9:05 p.m., and reconvened at 9:18 p.m. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Expressing Recognition and Appreciation for the Public Service of Organizations Participating in Brooklyn Center's Adopt -A -Park, Adopt -A- Trail, and Adopt -A- Street Programs. The groups were: Brooklyn Center Community Oriented Policing; Brooklyn Center Charter Commission; Brooklyn Center Rotary Club; Brooklyn Swim Club; Children's World; Evergreen Park School & P.T.O.; Kids on the Move Daycare; Neighbors of Bellvue; Target "Good Neighbors;" Textgron Financial Corporation and Twin Lake Association. RESOLUTION NO. 92 -268 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE PUBLIC SERVICE OF ORGANIZATIONS PARTICIPATING IN BROOKLYN CENTER'S ADOPT -A- PARK, ADOPT -A- TRAIL, AND ADOPT -A- STREET PROGRAMS The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene and the motion passed unanimously. Councilmember Pedlar asked staff to provide a copy of this resolution to the Park and Recreation Commission. Councilmember Rosene stated it was a pleasure to have such groups working in the City and there are also a number of individuals and families involved in this activity. He mentioned Bill Price and his wife have been cleaning up the Mississippi, and he thanked the City Manager for installing a sign with their names. Councilmember Scott reported she met with staff regarding the police canine unit. She stated she had received many calls supporting this program. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to free the funds that were made available in 1992 and put the canine unit back on the street as soon as possible. 11/23/92 i Councilmember Rosene explained he is not as enthusiastic as Councilmember Scott because of the substantial amount of time spent with the dog by its trainer, and the difficulty of handling the pay for this time. Councilmember Rosene was also concerned about the times the dog is not available and recommended working with other communities to coordinate the use of dogs. Councilmember Scott stated such a plan is underway for after the first of the year, and she reminded Council the cost of a dog is much less than the cost of a police officer. Councilmember Rosene agreed stating the citizens want more protection, but the budget does not allow for hiring of another officer. Councilmember Pedlar stated Councilmember Scott indicated there are funds for 1992, but asked where the funds will come from in 1993. The City Manager stated the money has been found in the police department budget. He explained the police department had estimated $30,000 for the domestic abuse fund, however with the addition of three other communities to the program, at least $6,000 of that fund will be available. Councilmember Pedlar was concerned about the availability of the dog. He supported this, but would like to stipulate that the funding is required to come from within the police department, and there would be no reduction of staff in the police department as it relates to the funding for 1993. Councilmember Pedlar believed there are philanthropic funds available, such as donations from the Lions Club. He asked data be collected in early 1993 as to the availability of the dog. The City Manager explained the domestic abuse program would not be cut back, the reduction in proposed expenses was because three other communities are joining the program. He stated the Lions Club and others have helped in the past with one -time expenses, but the base program funds should really come from City funds. Councilmember Pedlar stated there is some difference of opinion in the police department about the use of dogs. He suggested Chief Hampton address this topic during his meetings with staff. Councilmember Scott explained the previous problem was because there were no guidelines by which the canine program operated. She further explained Chief Hampton will communicate with the officers the parameters by which the program operates. Councilmember Cohen asked if the funding with other communities will be handled by mutual aid. The City Manager answered it may be handled under the existing aid agreement or by creating a new one. He stated the three or four police chiefs will get together to coordinate the scheduling. The motion passed unanimously. 11/23/92 - 12- There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar that data be collected on the availability of the dogs and the economics of the situation, and report back to Council at the end of the first quarter 1993. The motion passed unanimously. Councilmember Pedlar reported the next Planning Commission meeting is scheduled for December 17, 1992, and there will be two vacancies on the Planning Commission in January. He asked Council consider appointing replacements. May Paulson stated he was not ready to make a recommendation at this time. He asked this item be placed on the December 14, 1992, Council agenda. ADJOURNMENT There was a motion by Councilmember Cohen and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:40 p.m. PCLU Deputy City Clerk Tod Paulson, Mayor Recorded and transcribed by: Nancy Berg Northern Counties Secretarial Services 11/23/92 - 13 -