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HomeMy WebLinkAbout1992 12-14 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 DECEMBER 14, 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, Director of Public Works Sy Knapp, 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 A moment of silence was observed. OPEN FORUM Mayor Paulson noted the Council had received two requests to use the open forum session this evening. Ulyssess Boyd addressed the Council stating he had two suggestions. Mr. Boyd suggested the Council require or request the MTC to install shelters at all bus stops and to post bus schedules at all shelters. He stated this was very important because it would enhance the image of Brooklyn Center, and it would increase participation on public transportation. Mr. Boyd's second suggestion was to extend an invitation to junior and senior high students to observe City Council meetings in order to learn how city government works. Mr. Boyd explained he had learned the school had randomly asked students who their mayor and representative were and 60 percent did not know. Mr. Boyd wanted the young people in the community to learn about their government. Mr. Boyd spoke with an official at the school and was told this could be accomplished, and students could be given the opportunity to write a paper about their experience for extra credit. Mr. Boyd reminded Council one of these students might some day sit in the Oval Office. i i 12/14/92 - 1 - Mayor Paulson agreed with Mr. Boyd and stated he had been working with an intern from the high school to develop a program for seniors to become nonvoting members of the City Council. Mayor Paulson asked staff to contact the intern to follow -up on this program. The Personnel Coordinator stated the intern is Lesley Hanson, and she has been out of the country and only just recently returned. The Personnel Coordinator informed Council she has been working with Ms. Hanson and expects a program to be in place sometime after the first of the year. Mayor Paulson asked staff to follow -up with Ms. Hanson or someone else at the school district in order to ensure the development of this program. Mayor Paulson asked Mr. Boyd to go before the MTC and repeat his suggestion because Council and staff have also requested shelters and signage. The City Manager informed Council a list of suggested shelter locations had been provided to the MTC. Gary Shallcross addressed the Council about the severance benefits that were discussed on December 10, 1992, at the Council meeting when the 1993 budget was adopted. He reminded Council that Mr. Escher referred to a displacement program and perhaps some other benefits to assist those whose positions were being eliminated from the City payroll. Mr. Shallcross stated after speaking to the City Manager and the City Attorney he was told the City Council cannot create a benefit outside of its contract or at least outside of the budget. Mr. Shallcross stated there seemed to be a misunderstanding as to what the Council meant when it adopted the budget. He stated it was his understanding and Mr. Escher's understanding this benefit would be provided. Mr. Shallcross believed it was with this compassionate approach the Council approved the budget. The City Manager explained staff was planning to provide Council with a severance proposal at the last Council meeting in December, and staff was also looking for any contractual arrangements that might be available. Councilmember Pedlar agreed displacement services had been discussed. The City Manager explained the Financial Commission had recommended a placement service, and staff was requesting bids for this service. He informed Council State Law authorizes the City Council to establish a severance package as part of what it does for an employee. The City Manager stated it was staff intention to create a policy which is specific and ongoing. The City Manager will provide a proposal to the City Attorney and to Council by December 28, 1992. Mayor Paulson asked if the severance package will be retroactive. The City Manager answered no, but it will still apply to Mr. Shallcross. Mr. Shallcross stated he was not just speaking for himself, but for all employees who may be in the same situation. Councilmember Cohen asked staff provide Mr. Shallcross a draft copy of the proposal before Mr. Shallcross goes out of town. 12/14/92 -2- Paul Benson, 5817 Pearson Drive, and Paul Lynch, addressed the Council stating Mr. Benson had purchased his home from Mr. Lynch, and the property has an easement encroachment due to a utility drainage easement by the City. Mr. Benson stated the problem was discovered about six months ago when he tried to refinance his home, and the finance company will not okay his mortgage because of this encumbrance. Mr. Benson explained a building permit was issued by the City in 1978 to Mr. Lynch to build the garage which is over an easement. Councilmember Scott asked if the City and Mr. Benson could draft a letter of agreement stating if there is a problem, the City would be able to access the easement. The City Manager explained this was a complicated issue as the permit was issued without the City's knowledge of the easement. The City Manager further explained the finance company will not accept a letter of agreement between the City and the homeowner. Councilmember Cohen asked staff to do everything possible to work out this problem for Mr. Benson. Councilmember Cohen suggested the City Attorney contact the finance company to see what could be done to solve this problem. He asked staff and the City Attorney to explore all possibilities to solve this matter. The City Attorney agreed to pursue this matter, and stated this was not a title problem, it is a physical problem of a garage being built over a drainage pipe. Mr. Benson explained it was a question of assumption of liability, and he asked the City amend the easement allowing the garage, and then it would be the responsibility of the City to fix the garage if it had to get into the drainage easement. Councilmember Rosene agreed fixing the garage would not be too high a price to pay if it was the City's mistake by losing this easement on the plat. Councilmember Pedlar asked if the easement of record had been lost by the City. The City Attorney answered in general cities do not keep as complete records as does the county, and in this case the record was probably not readily available when the building permit was issued. The City Attorney further explained by issuing a permit, the City does not guarantee the owner the legal entitlement to build. Councilmember Pedlar asked if the City and the homeowner could each accept a partial risk. The City Attorney answered the finance company would be reluctant to accept this because, in the event of a foreclosure, the finance company would then be accepting partial risk. Councilmember Cohen again asked the City Attorney to contact the finance company and work with both Mr. Benson and the finance company to resolve this matter. There was a motion by Councilmember Rosene and seconded by Councilmember Cohen to directing the City Attorney to work with the finance company and Mr. Benson to explore all possible solutions to this encumbrance, and directing staff to put this matter on the 12/14/92 -3- December 28, 1992, City Council agenda as a formal resolution. Councilmember Pedlar urged the City Attorney and staff to seek all alternatives available to resolve this problem. Councilmember Rosene asked Mr. Benson if he would be willing to accept the risk while he holds the mortgage if the City accepts the risk in the event of a default. Mr. Benson answered yes. The motion passed unanimously. COUNCIL REPORTS There were no council reports. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmembers requested any items be removed from the consent agenda. Councilmembers Cohen and Rosene requested item 7b be removed. APPROVAL OF MINUTES NOVEMBER 16, 1992 - BUDGET WORK SESSION There was a motion by Councilmember Rosene and seconded by Councilmember Cohen to approve the minutes of November 16, 1992, budget work session as printed. The motion passed unanimously. NOVEMBER 30, 1992 - SPECIAL SESSION There was a motion by Councilmember Rosene and seconded by Councilmember Cohen to approve the minutes of November 30, 1992, special session as printed. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 92 -273 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION APPOINTING CITY OF BROOKLYN CENTER EMERGENCY MANAGEMENT COORDINATOR The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTION NO. 92 -274 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF BARBARA JENSEN 12/14/92 -4- 4 I The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTION NO. 92 -275 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A JOINT AND COOPERATIVE AGREEMENT FOR THE FORMATION AND ADMINISTRATION OF THE HENNEPIN -ANOKA SUBURBAN DRUG TASK FORCE The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTION NO. 92 -276 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION TERMINATING CONTRACT FOR PROFESSIONAL SERVICES WITH LEGEND TECHNICAL SERVICES AND APPROVING A NEW CONTRACT WITH ENVIRONMENTAL PROCESS INC. FOR PHASE II PROFESSIONAL SERVICES FOR IMPROVEMENT PROJECT NO. 1992 -14, AIR QUALITY STUDY FOR CIVIC CENTER AND CITY GARAGE The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTION NO. 92 -277 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING SUPPORT FOR FINANCING PROPOSAL FROM THE OWNER OF NORTH LYN APARTMENTS TO THE FEDERAL NATIONAL MORTGAGE ASSOCIATION The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. PERFORMANCE BOND RELEASES There was a motion by Councilmember Rosene and seconded by Councilmember Cohen to approve the following list of performance bond releases: Maranatha Place Investors Savings Bank 12/14/92 -5- PERFORMANCE BOND REDUCTION There was a motion by Councilmember Rosene and seconded by Councilmember Cohen to approve the following performance bond reduction: New Horizon Day Care LICENSES There was a motion by Councilmember Rosene and seconded by Councilmember Cohen to approve the following list of licenses: BOWLING ALLEY Earle Brown Bowl 6440 James Circle COMMERCIAL KENNEL Brooklyn Pet Hospital 4902 France Ave. N. GASOLINE SERVICE STATION Holiday #504 6849 Brooklyn Blvd. MECHANICAL SYSTEMS Quality Air, Inc. 7907 5th Street NE NONPERISHABLE VENDING MACHINES Service America Corporation 7490 Central Ave. NE U.S. Post Office 6848 Lee Ave. N. PERISHABLE VENDING MACHINES Service America Corporation 7490 Central Ave. NE U.S. Post Office 6848 Lee Ave. N. PUBLIC DANCE Days Inn 1501 Freeway Blvd. Earle Brown Bowl 6440 James Circle RENTAL DWELLINGS Initial: Craig Scherber 907 - 57th Ave. N. Diane Barnes 1342 67th Lane N. Renewal: Lenny Mazurek 4200 Lakebreeze Ave. Mrs. Delbert P. Bruce 4741 Twin Lake Ave. 12/14/92 -6- TAXICAB Blue & White, #555 415 - 5th Ave. SE TOBACCO RELATED PRODUCTS Applebee's 1347 Brookdale Center Brookdale Unocal 76 5710 Xerxes Ave. N. Brooklyn Center Municipal Liquor #1 1500 - 69th Ave. N. Brooklyn Center Municipal Liquor #2 6450 Brooklyn Blvd. Brooklyn Center Municipal Liquor #3 1966 - 57th Ave. N. Brooklyn Center Service 76 6245 Brooklyn Blvd. Brooks Food Market 6804 Humboldt Ave. N. Duuos Bros. American Legion Post 630 4307 70th Ave. N. Earle Brown Bowl 6440 James Circle Holiday #504 6849 Brooklyn Blvd. NOVEMBER 23, 1992 - REGULAR SESSION Councilmember Cohen asked that the motion on Page 2, be changed to read: 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 asked Council Reports be changed to reflect it was Councilmember Pedlar not Councilmember Rosene reporting on the Park and Recreation Commission. The first paragraph of Council Reports will read: 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 asked the 8th paragraph on page 11 be changed to state he thanked, not he asked. The paragraph will read: 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. 12/14/92 -7- There was motion s of on by Councilmember Cohen and seconded by Councilmember Rosene to approve the minutes of November 23, 1992, regular session as amended. The motion passed unanimously. PLANNING COMMISSION ITEM The City Manager presented Planning Commission Application No. 92015 submitted by Brookdale Office Park Partnership on behalf of Cardinal Stritch College is a request for special use permit approval to operate an educational use in the five story office building at 3300 County Road 10. The Director of Planning and Inspection explained the property is zoned C1A (Service /Office), therefore, a special use permit is required because educational uses are considered special uses in C1A zoning districts. He stated the application was considered by the Planning Commission at its November 19, 1992, meeting, and was recommended for approval. Councilmember Cohen clarified the applicants will have to seek the sewer availability charge determination from the Metropolitan Waste Control Commission. Councilmember Rosene asked what percentage of the fourth floor the college will occupy. The Director of Planning and Inspection answered about 25 percent. Councilmember Rosene stated he was familiar with Cardinal Stritch College and its fine reputation. He agreed the addition of Cardinal Stritch College would be a definite plus for the community. There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to approve Planning Commission Application No. 92015 submitted by Brookdale Office Park Partnership subject to the following conditions: 1. The special use permit is issued to the applicant on behalf of Cardinal Stritch College to operate a night school in the Brooklyn Crossing office building at 3300 County Road 10. The school shall occupy 2,316 sq. ft. of rentable space on the fourth floor as indicated in the applicant's submittal. Any alteration or expansion of the school use within the office building shall require an amendment to this special use permit. 2. The applicant shall receive a sewer availability charge determination from the MWCC and a certificate of occupancy from the Building fficial prior to g p December 31, 1992. 3. Classes shall be held between 6 p.m. and 10 p.m. weekdays and on weekends. No weekday daytime classes are acknowledged by this special use permit. 4. The special use permit is subject to all applicable codes, ordinance and regulations. Any violation thereof shall be grounds for revocation. 12/14/92 -8 I The motion passed unanimously. DISCUSSION ITEMS DETERMINATION OF COMPLIANCE TO ZONING REGULATION BY WOODCO PREFINISHING. 6800 SHINGLE CREEK PARKWAY REGARDING ODOROUS EMISSIONS The City Manager presented the determination of compliance to zoning regulation by Woodco Prefinishing, 6800 Shingle Creek Parkway, Regarding Odorous Emissions. The City Manager apologized to the neighbors of Woodco Prefinishing for the delay in handling their complaints. He explained there was confusion between the City and the Pollution Control Agency (PCA). Councilmember Rosene stated in the Ordinance it reads before making a determination, the Council shall personally observe any alleged noncompliance, and determination shall be by an independent testing organization satisfactory to all parties concerned. He asked if a staff member was sent to the site and detected odorous emissions, would this be adequate to make a determination of noncompliance. The City Manager answered this is usually done by an independent testing organization. Councilmember Rosene stated Council may need to rewrite the ordinance, as it is unnecessary to hire an independent testing organization. There was a motion by Councilmember Rosene and seconded by Councilmember Scott that reconsideration of the Compliance Ordinance be put on the December 28, 1992, City Council agenda. The City Attorney explained according to the Ordinance, the City Council would have to personally smell the odor, by convening at the site, and make a determination. He explained staff is proposing to handle these situations before they come to the Council. Councilmember Paulson asked if Council could take the word of the neighbors. The City Manager answered yes, under the Nuisance Ordinance the Council could hold a public hearing, and if the nuisance effects the enjoyment of adjacent properties, Council could then take action. He further explained it could be handled as a misdemeanor complaint, and the adjacent landowners could simply testify in Court. Clay Larson, the Building Official, explained once Woodco receives its PCA permit, the PCA becomes the enforcer on odor problems. Councilmember Cohen tabled action on the motion until after the public hearing on this matter. 12/14/92 -9- Mayor Paulson opened the meeting for the purpose of a public hearing on Determination of Compliance to Zoning Regulation by Woodco Prefinishing, 6800 Shingle Creek Parkway, Regarding Odorous Emissions at 8:10 p.m. He inquired if there was anyone present who wished to address the Council Gloria Finneman, 6907 Logan Avenue North, informed Council the odor from Woodco during the day is very noticeable, and her husband must wear a mask to mow the lawn. Ms. Finneman reminded Council of the language in the Ordinance: None of the uses shall at any time cause the discharges of toxic, noxious or odorous matters in such concentrations as to be detectable beyond the limits of the immediate site. Ms. Finneman stated she and her husband cannot be outside during the weekdays, and often on Saturdays, because of the odor. Councilmember Rosene stated the odor goes beyond the immediate neighborhood. He stated he lives seven blocks from Woodco, and he has at times also detected the odor. Councilmember Rosene expressed concern the odor could be toxic or harmful. Rick and Denise Wood, owners of Woodco Prefinishing, informed Council the business had been moved to Brooklyn Center ten months ago. Mr. Wood stated he was informed of the odor problem this past Summer, and he has been working to correct the problem ever since. He explained his business uses lacquer -based products, which is the main contributor to the odor, and he is currently testing water -based products. He explained the water -based products are new and still in the test - market stage. Mr. Wood assured Council once a water -based product is produced which meets his needs, he will switch totally to water -based products. Mr. Wood further explained he raised the stacks from five feet to 20 feet, and was currently working with the heating and ducting company to install new filter holders. He stated Woodco had previously used a styro pad filter, and the company will be switching to paper filters. Mr. Wood explained the heating and ducting company had recommended the installation of two paper filter holders, but he is installing three. Mr. Wood also explained there is a 3 -M odor monitor that can be clipped onto a person's belt and was OSHA approved, which the person wears and 3 -M evaluates the level and odor the P erson has come into contact with. Mr. Wood also stated Woodco Prefinishing has PCA and EPA identification numbers. i Councilmember Pedlar asked Mr. Wood who would pay the expense of the monitors if used. Mr. Wood answered he would. Councilmember Pedlar asked Mr. Wood if he understood staff's recommendations. Mr. Wood answered yes. Councilmember Pedlar stated it had been a number of months since Mr. Wood was notified of the odor, and this matter should have been resolved by now. Councilmember Pedlar stated the Council must protect the citizens. 12/14/92 _10- Mr. Wood stated this matter was first brought to his attention six months ago, and it takes a long time to develop the water -based product and test it. Councilmember Rosene asked Mr. Wood why he had not been using a water -based product before. Mr. Wood explained the water -based product was just now being developed, at his request, by the vendor. Mr. Wood further explained he will be using the rest of the lacquer - based product this week and will then be switching to the water -based product. Councilmember Rosene asked Mr. Wood why he didn't just start using the water -based product now. Mr. Wood answered because it is expensive, and he was unable to sell it to anyone else as it was a special product and color for his company. Councilmember Scott asked the Woods why they have not applied for the PCA permit yet. Mrs. Wood explained she has been with Woodco Prefinishing since September, and she has been trying to fill out the application but does need some assistance. Mrs. Wood agreed to contact the PCA for assistance with the application. Councilmember Rosene stated he was concerned about the compliance language in the ordinance, and asked if Council would be able to order Woodco to cease operation using this ordinance. Clay Larson explained under the ordinance, the initial determination of noncompliance to the zoning ordinance and how to deal with it can be accomplished by staff. He further explained once a PCA permit is obtained, the PCA will take over. In the case of Woodco, Mr. Larson stated there was a misunderstanding on the part of staff that the PCA was handling the complaints. However, the PCA does not become involved until Woodco obtains its PCA permit. Councilmember Scott asked Mr. Larson to contact the PCA to obtain assistance for Mrs. Wood in filling out the application, and to also find out how long it will take to obtain the permit once it has been applied for. Councilmember Scott asked Mr. Larson to call right away and get this matter expedited. RECESS The Brooklyn Center City Council recessed at 8:35 p.m. Mayor Paulson informed Council, staff and the audience that Mr. Wood had samples of the styro and paper filters, and of the lacquer and water -based products for their review during recess. The Brooklyn Center City Council reconvened at 8:50 p.m. Councilmember Rosene stated Mr. Larson had mentioned to him the Woods have been very cooperative in working with City staff and answering questions of Council. Councilmember Rosene commended Mr. Wood for his cooperation, and also for offering to pay for the monitors if needed; however, it is imperative of Council to make an initial finding of non- compliance, and to instruct staff to follow -up on their recommendations. Councilmember Rosene also suggested a change of enforcement in the ordinance language. 12/14/92 Councilmember Cohen asked Mrs. Wood if the PCA application is very complicated. Mrs. Wood answered yes, it is. Councilmember Cohen suggested she contact the Small Business Administration Service Corps. He explained this was a group of retired administrators who might be able to assist her without charge. Councilmember Pedlar stated he was concerned about hazardous emission, although he did not know if the product was toxic. He also asked Mr. Larson to contact the PCA to see how long it will take the Woods to obtain the permit. Councilmember Pedlar expressed concern over the delays and wanted this matter resolved quickly. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to approve staff recommendations and direct staff to work directly with Woodco and hold in abeyance any cease orders until March 1, 1993, and direct Mr. Wood to develop a work plan and progress report to remedy and eliminate the odor problem, and direct Mr. Wood to obtain the PCA permit prior to March 1, 1993. Ambros Finneman, 6907 Logan Avenue North, stated when Woodco was testing the water - based product there was no odor. Orville Harris Jr., 1820 69th Avenue North, contested the Council's delay of action as unnecessary. He explained the odor problem was not just a problem for the surrounding neighborhood, but for all of Brooklyn Center. He stated people using Palmer Trails notice the odor and it is embarrassing. Councilmember Cohen clarified the motion will require this matter to be resolved by March 1, 1993. The motion passed unanimously. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to make an initial determination of noncompliance by Woodco Prefinishing, and direct staff to recommend changes and enforcement to the ordinance language. Councilmember Pedlar also asked the ordinance clarify noxious odors. The motion passed unanimously. Councilmember Scott encouraged the residents to take the opportunity to review the samples provided by Mr. Wood as there was a definite difference between the products. STATUS REPORT REGARDING WATER MANAGEMENT STUDY The City Manager presented the status report regarding water management plan. He explained on January 27, 1992, the City initiated development of a Water Management Plan as required to comply with state mandates and to provide a blueprint for future 12/14/92 -12- improvements to the City's storm drainage system. He further explained one priority issue which is being addressed under Phase I of this study is the 63rd /65th Avenue storm drainage system, with emphasis on resolving periodic flooding problems west of Brooklyn Boulevard. The Director of Public Works stated the members of the Water Management Task Force and City staff met with the Park and Recreation Commission on October 14 and again on November 17 to discuss the possible use of portions of Orchard Lane Park and Marlin Park for storm water ponding. He explained after consideration of this matter the Park and Recreation Commission recommended: The possible construction of storm water ponds in these parks be discussed with residents at neighborhood information meetings. Along with the consideration of storm water ponds, consideration should also be given to functional short and long -term needs at each park for park and recreational purposes. The Park and Recreation Commission is willing to consider approval of the development of storm water ponds in these parks if it can be shown the park and recreational needs are met. The Director of Public Works continued to explain the preliminary report regarding the 63rd /65th Avenue system indicated a need for three storm water ponds, one in Orchard Lane Park, one in Marlin Park and one in the SW quadrant of the 1694/Brooklyn Boulevard interchange. Conferences have been held with MNDOT and the MTC, the Water Management Task Force, and the Park and Recreation Commission. Agreement had been reached with MNDOT that they will not need to participate in developments in the southwest quadrant of the I694Brooklyn Boulevard interchange. The Director of Public Works recommended an agreement between MTC and the City be executed to develop a preliminary plan for development of a Park and Ride facility and a storm water pond, splitting the costs for this study on a 50150 basis. MTC and City staff also recommend the consulting firm of Strgar Roscoe Fausch Inc. (SRF) be selected to do the recommended study at a total cost of $31,500. He further stated the 4.1 acre vacant parcel in this area is currently being actively marketed, and staff recommends the City hire an independent appraiser, Peter J. Patchin, of Peter J. Patchin Assoc. to appraise the value of this parcel. In addition, staff recommends the Council direct staff to conduct a series of four public informational meetings relating to the overall storm drainage plan for the 63rd /65th Avenue drainage area, and relating to each of the three ponding areas including the proposed joint - use facility with MTC. Councilmember Scott asked what exactly the $31,500 fee to Strgar Roscoe Fausch Inc. will be providing. The Director of Public Works answered the plan is expected to be final as far as the footprint of what the whole area will need. He also expected the plan will include two or three options for this area. 12/14/92 - 13- Councilmember Scott expressed concern about the access to the proposed Park and Ride facility with its close proximity to the freeway ramp. The Director of Public Works stated staff has discussed these considerations with the MTC, MNDOT and SRF, and that this will be addressed in detail in the proposed study. The City Manager stated the MTC is looking for a facility for 200 to 300 cars. Mayor Paulson asked the City Attorney if he would have a conflict of interest in voting on this matter. The City Attorney answered no. RESOLUTION NO. 92 -278 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT NO. 1992 -29, STORM WATER TREATMENT POND IN THE SOUTHWEST QUADRANT OF THE I694/BROOKLYN BOULEVARD INTERCHANGE The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 92 -279 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION APPROVING COOPERATIVE AGREEMENT WITH METROPOLITAN TRANSIT COMMISSION FOR PRELIMINARY SITE PLANNING OF PROPERTY IN THE SOUTHWEST QUADRANT OF THE I694/BROOKLYN BOULEVARD INTERCHANGE, IMPROVEMENT PROJECT NO. 1992 -29 The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTION NO 92-280 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES RELATING TO JOINT CITY/MTC USE OF PROPERTY IN THE SOUTHWEST QUADRANT OF THE I694 /BROOKLYN BOULEVARD INTERCHANGE, IMPROVEMENT PROJECT NO. 1992 -29 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 92 -281 Member Philip Cohen introduced the following resolution and moved its adoption: 12/14/92 - 14- RESOLUTION APPROVING AGREEMENT FOR PROFESSIONAL APPRAISAL SERVICES RELATING TO PROPERTY IN THE SOUTHWEST QUADRANT OF THE I694/13ROOKLYN BOULEVARD INTERCHANGE, IMPROVEMENT PROJECT NO. 1992 -29 The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene to direct staff to conduct a series of four public information meetings relating to the overall storm drainage plan for the 63rd /65th Avenue drainage area, and relating to each of the three ponding areas (including the proposed joint -use facility with MTC). The motion passed unanimously. REQUEST BY VILLAGE PROPERTIES THE OWNERS OF EVERGREEN PARK MANOR APARTMENTS, TO EXPAND AN EXISTING AGREEMENT WITH THE CITY OF BROOKLYN CENTER TO ACQUIRE ADDITIONAL LAND The City Manager presented the request by Village Properties, the Owners of the Evergreen Apartment Manor Apartments, to expand an existing agreement with the City of Brooklyn Center to acquire additional land. He explained the City Council on October 13 and October 26, 1992, considered a request by Village Properties to expand or revise an existing agreement they have with the City to acquire additional land. Village Properties was seeking to expand or alter the agreement whereby they would acquire the underlying rights to surplus MNDOT right -of -way to combine with their property through platting or registered land survey to allow them to meet the density requirements of the Zoning Ordinance and enable them to have up to eight three - bedroom apartment units within their complex. The City Manager further stated the City Council tabled consideration of this matter to allow further review and a report by the City Attorney to the City Council. The City Manager reported the City Attorney had supplied Council with the report in their agenda packages. Councilmember Rosene asked for data which would quantify the type and size of families the three - bedroom apartments would attract. The City Manager reported staff had been unable to locate such data. Councilmember Scott reported she had contacted some rental agencies in Brooklyn Center and was told they receive many inquiries for three - bedroom apartments, but there are none available in Brooklyn Center. Councilmember Scott further reported the Evergreen Apartment Manor Apartments are extremely well -run; and Mr. Solie, one of the owners, has a good track record. Councilmember Scott walked through the apartment buildings and reported they were very clean, and the grounds seem to be in very good condition. Councilmember Rosene stated there were some residents who were against the three - bedroom apartments stating this would not be good for the community, but these allegations 12/14/92 - 15 - are unsubstantiated. Councilmember Rosene felt it was obvious there is a need for three - bedroom apartments in Brooklyn Center. Mr. Solie, owner of Village Properties, stated he receives many calls for three - bedroom apartments, and it is their policy to screen and choose their tenants very carefully. Councilmember Cohen asked if the rents will be market rate. Mr. Solie answered yes, they will rent for $650. Councilmember Cohen asked if they use housing grants. Mr. Solie answered they use Section 8, but not overall housing grants. Councilmember Rosene stated he was approaching this as an experimental situation to find out what sort of impact this increase will have on apartment rentals. He explained if the Council was not satisfied, it would not have to allow other apartment owners the opportunity to convert to three - bedroom apartments. Councilmember Cohen agreed with Councilmember Rosene and Councilmember Rosene might want to consider a resolution directing staff to monitor the operation of three - bedroom apartments and report back on the occupancy and any information that would serve to provide a record. RESOLUTION NO. 92 -282 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE APPROVAL OF APPLICATION NO. 85016 AND AUTHORIZING THE MAYOR AND THE CITY MANAGER TO ENTER INTO A REVISED AGREEMENT WITH THE OWNERS OF THE EVERGREEN PARK MANOR APARTMENTS TO ACQUIRE ADDITIONAL LAND The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene. Mayor Paulson asked for data on the market for three - bedroom apartments and stated he would like to see larger families in homes rather than apartments. He further stated the property- owners had done a good job of managing their apartments, however he would be voting against this resolution. The motion passed. Mayor Paulson and Councilmember Pedlar voted against the motion. There was a motion by Councilmember Rosene and seconded by Councilmember Cohen to directing staff to monitor operation of the three - bedroom apartments and to report back the occupancy and any information that would serve to provide a record. The motion passed unanimously. 12/14/92 - 16 - PLANNING COMMISSION APPOINTMENT The City Manager presented the list of commission members whose terms will expire on December 31, 1992. The City Manager informed Council the appointments are made by the Mayor and approved by the Council Mayor Paulson stated he was pleased with the number of applications received as it speaks very well for the citizenry of Brooklyn Center. Mayor Paulson appointed Robert Mickelson to the Planning Commission. Kathleen Carmody addressed Council stating Tim Wilson had applied for the Planning Commission and at the time Council considered his application, the appointment to the Planning Commission was tabled. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to withdraw the matter from the table, and the motion passed unanimously. Mayor Paulson stated he would like citizens to serve on one commission, not multiple commissions. Kathleen Carmody stated she was currently on the Human Rights and Resources Commission, but would like to apply for the Planning Commission. She asked if she should resign from one commission before applying for another. Mayor Paulson encouraged her to apply, and not to resign first. Councilmember Pedlar asked Mayor Paulson how he had come to the decision to appoint Robert Mickelson. Mayor Paulson answered he was impressed with his resume, and especially with the fact that Mr. Mickelson contacted him to discuss his application. Councilmember Pedlar agreed Mr. Mickelson's application was outstanding, however there were many qualified applicants. The City Manager explained that according to the resolution setting policies for appointment to commissions, a unanimous vote was required for appointment to the Planning Commission this evening. He noted if a unanimous vote was not obtained this evening the issue would come to the Council at their next meeting and a majority vote would be required this time. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve the appointment of Robert Mickelson to the Planning Commission. The motion passed. Vote on the motion: three ayes, one nay, and one abstain. Councilmember Pedlar voted no, and Councilmember Cohen abstained. Mayor Paulson asked staff to advertise the future commission openings. Councilmember Cohen reminded Council the Mickelson application has to be tabled for two weeks, so it will be put on the December 28, 1992, agenda. Councilmember Scott stated there was a problem last year with commission reappointments. 12/14/92 - 17 - She explained very often commission members are reappointed without being asked if they want to be. She suggested staff contact commission members P rior to the end of their appointment to see if h pp they want to be reappointed. Councilmember Rosene stated there was a problem with the policy of acceptance of applications. He had been contacted by residents who wanted to apply for commission appointments, but they were told the City had enough applications already. The Personnel Coordinator stated this was a misunderstanding, and staff was only informing the applicants the deadline for accepting applications had past. She stated if Council so desires, staff will no longer require a deadline for applications. Councilmember Rosene stated there is a real advantage to the deadline, however staff should simply state the deadline for the particular position was past, but to encourage the person to apply for future openings. Mayor Paulson stated that Council would like to see all applications. Councilmember Pedlar asked the Mayor if he was suggesting advertising for each position, even if the member would like to be reappointed. Mayor Paulson answered yes, he would like each opening advertised. Councilmember Pedlar disagreed explaining he thought the person should be allowed to remain on the commission as long as he /she was doing a good job. Councilmember Scott agreed she would have a problem with not approving people for reappointment. She stated it was not fair to ask people who are doing a good job to reapply. Mayor Paulson agreed to reappointment if they are doing a good job, however if they are not, we have no method for removal -- there are no checks or balances, or accountability. Kathleen Carmody stated the best way to find out if someone is doing a good job is through the commission liaison. She further explained she would be insulted if she was not reappointed. Councilmember Rosene stated there might be a problem with reappointment in that it might be hard for someone new to the community to become appointed if there are never any openings. Councilmember Rosene asked Council to consider gender as well as geographic location of applicants to keep all areas, genders and races represented. Councilmember Cohen stated sometimes you have to go beyond the applications to find the right people. He explained a great number of people have moved up from one commission to another. Councilmember Rosene stated the Council must be sensitive to the feelings of commission members and show respect for their talents. The Council must be careful not to make a member feel snubbed by not reappointing him/her. JOINT MEETING OF CITY COUNCIL AND ADVISORY COMMISSIONS 12/14/92 - 18 - The City Manager presented the joint meeting of City Council and advisory commissions for discussion by the Council. He explained the Human Rights and Resources Commission recommended, and the City Council approved, the scheduling of a joint meeting of the City Council and its advisory commissions. He stated the commission would like to begin planning this meeting and has suggested it be scheduled on Wednesday, February 10, 1993, in the evening. The Personnel Coordinator asked Council to approve February 10, 1993, as the date for the joint meeting of the City Council and advisory commissions. She explained the Human Rights and Resources Commission was meeting on December 16 and will prepare a budget for presentation at the December 28, 1992, City Council meeting. Councilmember Rosene asked for an idea of the cost and location. The Personnel Coordinator answered the event will be held at Constitution Hall, and stated the cost could be compared to the open house for Chief Hampton which was $450. Councilmember Rosene agreed this was reasonable. Councilmember Scott asked staff bring back an estimate for a lite snack with the meeting starting at 7 p.m. ORDINANCE The City Manager presented an Ordinance Amending Chapter 6 Regarding the Administrative Code. He indicated this ordinance amendment was offered for a first reading on November 23, 1992, published in the City's official newspaper on December 2, 1992, and is offered this evening for second reading. Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 6 Regarding the Administrative Code at 10:40 p.m. 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 Cohen to close the public hearing at 10:40 p.m. The motion passed unanimously. ORDINANCE NO. 92 -20 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 6 REGARDING THE ADMINISTRATIVE CODE The motion for the adoption of the foregoing ordinance was duly seconded by member Philip Cohen, and the motion passed unanimously. DISCUSSION ITEMS (CONTINUED) 1993 HENNEPIN RECYCLING GROUP (HRG) BUDGET 12/14/92 - 19 - The City Manager presented the 1993 Hennepin Recycling Group (HRG) Budget and answered questions of Council. There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene to approve the 1993 Hennepin Recycling Group (HRG) Budget. The motion passed unanimously. STATUS REPORT REGARDING 69TH AVENUE IMPROVEMENT PROJECT The City Manager presented the status report regarding the 69th Avenue Improvement Project. The Director of Public Works reported on the construction status and reviewed all project costs. Councilmember Pedlar asked why there was a problem with the wicking. The Director of Public Works answered the soil did not react according to the predictions by the consultants, however it was very difficult to predict how the soil would react. Councilmember Pedlar asked how far behind the wicking is. The Director of Public Works answered about two months, noting that when the proposal to install wick drains was presented to the Council, Staff advised the Council that it is difficult to predict the time frame needed to attain desired consolidation. Councilmember Rosene stated he was pleased to see the contractor proposed to recycle some of the old bituminous street surface for on -site use as an aggregate base. The Director of Public Works presented a Resolution Approving Change Order No. 4 to Contract No. 1992 -B, 69th Avenue Reconstruction, Phase 2, and answered questions of Council. RESOLUTION NO. 92 -283 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 4 TO CONTRACT NO. 1992 -B, 69TH AVENUE RECONSTRUCTION, PHASE 2 The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. The Director of Public Works presented a Resolution Approving Amendment to Contract for Professional Services with SEH, Inc. for 69th Avenue Improvement Project No. 1990 -10. RESOLUTION NO. 92 -284 Member Celia Scott introduced the following resolution and moved its adoption: 12/14/92 -20- RESOLUTION APPROVING AMENDMENT TO CONTRACT FOR PROFESSIONAL SERVICES WITH SEH, INC. FOR 69TH AVENUE IMPROVEMENT PROJECT NO. 1990 -10 The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. The Director of Public Works presented a Resolution Approving Plans and Specifications and Directing Advertisement for Bids for 69th Avenue Landscape Plan, Project No. 1990 -10, Contract No. 1992 -N. Councilmember Cohen agreed with the installation of the irrigation system explaining this is a main thoroughfare which should be kept beautiful. Councilmember Rosene asked how much maintenance the irrigation system will require. The Director of Public Works answered irrigation systems must be activated and deactivated each year, and will require routine maintenance. Councilmember Pedlar agreed the irrigation system was a good idea to ensure the life of the landscaping. Councilmember Scott was in agreement with the irrigation system. RESOLUTION NO. 92 -285 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR 69TH AVENUE LANDSCAPE PLAN, PROJECT NO. 1990 -10, CONTRACT NO. 1992 -N The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar. Mayor Paulson stated it is very hard to maintain the landscaping in the center islands. The Director of Public Works answered the irrigation system will improve the chances of success in the life of the landscaping. Councilmember Pedlar questioned the warranty on the landscaping by the nursery. Sue Mason, of S.E.H., answered the nursery guarantees the plants for one year with maintenance, which includes pruning, watering and replacement. Councilmember Pedlar asked if there will be a reduction in the landscaping bid due to the irrigation system. The Director of Public Works answered he would expect the bid to be lower. The motion passed unanimously. The Director of Public Works presented a Resolution Approving Revised Project Cost Estimate. 12/14/92 -21- RESOLUTION NO. 92 -286 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION APPROVING REVISED PROJECT COST ESTIMATE The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. FUNDING FOR CAPITAL COSTS OF SUBURBAN HEAD START FACILITY The City Manager presented the funding for capital costs of suburban head start facility to be located in the City of Brooklyn Part to serve the northwest suburbs. He explained Brooklyn Center's share of the cost to accomplish this program and facility was proposed to be $38,100. Councilmember Scott asked if this was a one -time cost to rehabilitate the building. The City Manager answered yes. Mayor Paulson asked how students from Brooklyn Center will get to the facility in Brooklyn Park. The City Manager answered the Head Start program has its own transportation system. There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene to direct staff to prepare resolutions to join the northwest suburbs in supporting and financing this facility. The motion passed unanimously. CONSIDERATION OF 1993 LIQUOR LICENSES The City Manager presented the 1993 liquor license applications. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the issuance of liquor licenses for 1993. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Pedlar, and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:30 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Nancy Berg Northern Counties Secretarial Services 12/14/92 -22-