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HomeMy WebLinkAbout1992 09-28 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 SEPTEMBER 28, 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, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere and Council Secretary Nancy Berg. OPENING CEREMONIES Ted Willard offered the invocation OPEN FORUM Mayor Paulson noted the Council had received no requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS Mayor Paulson introduced Trevor Hampton, the new Brooklyn Center Chief of Police. He welcomed Mr. Hampton to the community on this, his first day on the job. Mr. Hampton thanked Mayor Paulson and stated it was a pleasure to be here. He stated he has enjoyed the time he has spent here, and the police department members he has met have been extremely uplifting. Councilmember Rosene informed the Council he and three Commission members, Kathleen Carmody, Julie Eoloff and Agatha Eckman, attended the Annual Conference of the League of Minnesota Human Rights Commissions held in Crystal. He stated it was very informative and the Commission was very enthusiastic. Councilmember Rosene also stated on October 13 he will be unable to attend the City Council meeting until later in the evening as he has parent /teacher conferences. He stated 9/28/92 - - there might be times during the evening when his schedule would be open, and he suggested he might be able to observe the meeting on cable TV and could conceivably call in during the meeting. He explained technology is changing in ways which were not thought of in the City Charter. Councilmember Pedlar asked staff to bring back to the next Council meeting an update on the Brooklyn Boulevard Study. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmembers requested any items be removed from the consent agenda. Councilmember Pedlar requested item 12b be removed. APPROVAL OF MINUTES SEPTEMBER 14, 1992 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve the minutes of September 14, 1992, regular session as printed. The motion passed unanimously. SEPTEMBER 15, 1992 - SPECIAL SESSION There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve the minutes of September 15, 1992, special session as printed. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 92 -230 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION -DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 09/28/92) The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 92 -231 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1992 GENERAL FUND BUDGET FOR FEES RELATED TO THE MANAGEMENT SALARY STUDY The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. 9/28/92 -2- RESOLUTION-NO. 92 -232 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL FOR PARTIAL HOT WATER REPLACEMENT OF PIPING IN CIVIC CENTER SYSTEM The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 92 -233 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF LEROY CHRISTENSON The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve the following list of licenses: FOOD ESTABLISHMENT Archibald Candy Corporation d/b /a Fanny Farmer Candy Shop 1236 Brookdale Center ITINERANT FOOD ESTABLISHMENT Brooklyn Center Lioness 5552 Aldrich Drive N. Earle Brown Elementary School 5900 Humboldt Ave. N. RENTAL DWELLINGS Initial: Robert and Marilyn Cashman 5430 Humboldt Ave. N. Renewal: Town's Edge Properties Brookhaven Apartments Eugene J. Sullivan 5329 -33 Brooklyn Blvd. James Just/Welcome Home, Inc. 6451 Brooklyn Blvd. Don McGillivray/Dion Properties, Inc. 5740 Dupont Ave. N. Jerry and Randall Tyson 5137 -39 France Ave. N. Timothy and Karen Pfingsten 6706 Grimes Ave. N. Daniel and Georgette Kitchin 5601 Logan Ave. N. 9/28/92 -3- Kenneth W. Kunz 5601 Lyndale Ave. N. Michael Shapiro 5115 East Twin Lake Blvd. Richard R. Dawson 3955 69th Ave. N. The motion passed unanimously. PRESENTATION Chief Boman presented the emergency plan to the City Council. Chief Boman used slides to show how the plan works and how it was put together so the City can operate in the case of tornado, flood, or any type of natural disaster. Councilmember Cohen asked if the emergency plan would be affective if something happened with the Monticello nuclear plant and Chief Boman answered yes, the plan addresses such disasters. Councilmember Cohen also asked if the City is struck by a tornado, who is financially responsible for the clean -up? The City Manager answered unless it is a national disaster, the City is responsible for the cost of clean -up. Councilmember Cohen asked if the City has money in the financial plan for such a disaster. The City Manager answered the City has funds it could borrow from, but then the City would have to replenish these funds. Councilmember Rosene asked if there was a disaster, would enough emergency personnel be able to respond in a short period of time. The City Manager stated the City tested the response time on a Saturday morning and 50 to 65 percent of the people were able to respond. Mayor Paulson asked who is notified in the case of an emergency. The City Manager answered if there is time the City Manager is notified, and he in turn notifies the Mayor and the City Council. He explained at times the process is started without the notification of the Council or the City Manager unless there is a need for the National Guard. Mayor Paulson also asked if the same system is used in the case of a missing child. The City Manager answered yes. 9/28/92 -4- PUBLIC HEARING INITIAL APPLICATIONS FOR PRIVATE KENNEL LICENSE AT 516 - 62ND AVENUE NORTH AND 3300 QUARLES ROAD The City Manager presented the initial applications for private kennel license at 516 - 62nd Avenue North and 3300 Quarles Road. He stated Chapter 1 of the Brooklyn Center City Ordinances requires licensing of all private kennels on which three or more dogs are kept or harbored as pets and not for selling, boarding, showing, treating, grooming or other commercial purposes. He recommended the City Council hold separate hearings and make separate recommendations. INITIAL APPLICATION FOR PRIVATE KENNEL LICENSE AT 516 - 62ND AVENUE NORTH The City Manager stated he had denied the application for private kennel license at 516 - 62nd Avenue North and he recommended if the City Council chooses to affirm the decision of the City Manager to deny a private kennel license, the Council should allow a maximum of six months to come into compliance with City Ordinances which require no more than two dogs on the premises. Mayor Paulson opened the meeting for the purpose of a public hearing on the application for private kennel license at 516 - 62nd Avenue North at 7:37 p.m. He inquired if there was anyone present who wished to address the Council. Richard Strong, 516 - 62nd Avenue North, stated he was unaware of the City Ordinance prohibiting three dogs. He said he has two male St. Bernards and one female St. Bernard. At the time he ordered the dogs, he was living in Isanti County and because of a pending divorce he is presently living with his father in Brooklyn Center. He explained the original kennel was inadequate and the dogs were often loose. However, he has built a new kennel and the dogs cannot get out of this one. He stated the dogs are not barkers and the kennel is kept clean. He further stated he will not breed the dogs while living in Brooklyn Center. Councilmember Rosene stated neighbors were concerned about breeding, and Brooklyn Center is not the right environment for a large number of dogs. He noted the Sanitarian found the kennel to be clean and the dogs were wellcared for and quiet. He further stated some neighbors said they had seen some treatment of the dogs which was unacceptable. Clair Mattson, 515 - 62nd Avenue North, stated he had observed Mr. Strong harshly disciplining the dogs and had to clean up his yard after the dogs. Councilmember Pedlar asked Mr. Mattson if he had noticed an improvement since Mr. Strong built the new kennel. Mr. Mattson answered yes it is much better. Councilmember Pedlar asked Mr. Mattson if he thought the dogs were wellcared for. Mr. Mattson answered he had seen other St. Bernards cared for better. 9/28/92 -5 - Cheryl Hawkins, 521 - 62nd Avenue North, stated before the new kennel there was a problem with the dogs running around, but no problems now. Ms. Hawkins further stated the dogs are well groomed, and she does not see any problem with the dogs or the kennel. Janice Baertschy, 520 - 62nd Avenue North, stated since the new kennel there are no problems at all. She further stated the dogs rarely bark. There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen to close the public hearing at 7:52 p.m. The motion passed unanimously. Councilmember Rosene asked the City Manager why the application was denied. The City Manager answered he thought six months was a reasonable time to remove one dog, and he did not know the full situation in regard to Mr. Strong's plans to move in the near future. Councilmember Cohen stated this community is not the place to have kennels. He concurred with the City Manager's recommendation as a matter of community public policy. Councilmember Rosene agreed the Council does not want to encourage kennels. He stated denial is the best route to take but he would like to see a more liberal time limit set because of Mr. Strong's present situation. Councilmember Pedlar agreed kennels simply do not belong in Brooklyn Center. He recommended denial with up to one year to remove one of the dogs. Councilmember Scott stated the Council has received numerous kennel applications, and the Council usually only allows six months to remove the extra animals. Councilmember Rosene stated Mr. Strong seems to have things under control, and the neighbors are not concerned. He stated the Council should deny the application and set a firm limit of one year for removal. There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to deny the kennel license application at 516 - 62nd Avenue North with a firm limit of one year to come into compliance with City Ordinances which require no more than two dogs on the premises. Councilmember Rosene asked Mr. Mattson if he was satisfied with the limit of one year. Mr. Mattson answered yes, if Mr. Strong complies. The motion passed unanimously. 9/28/92 -6- INITIAL APPLICATION FOR PRIVATE KENNEL LICENSE AT 3300 QUARLES ROAD The City Manager stated he had denied the private kennel license at 3300 Quarles Road, and recommended a maximum of three months to come into compliance with City Ordinances which require no more than two dogs on the premises. Mayor Paulson opened the meeting for the purpose of a public hearing on initial application for private kennel license at 3300 Quarles Road at 8:10 p.m. He inquired if there was anyone present who wished to address the Council. Dale and Kathy Thompson, 3300 Quarles Road, explained to the Council they now have kennels in the house and outside, and the dogs are always in a kennel. The Thompsons further explained they are hoping to purchase a farm soon. Councilmember Rosene asked the Thompsons if they are aware a number of letters have been received opposing their application. They answered they were not aware of the opposition until tonight. William Clark, 3306 Quarles Road, read a statement to the Council: In response to the Notice of Appeal of Application for Private Kennel License re: Dale Allen Thompson. We live next door west of the Thompsons at 3306 Quarles Road, and we are very much opposed to them being granted a kennel license. The southwest corner of their metal pen and recently installed privacy board fence, is only fourteen feet from our family room and only five feet away from our patio slab where we grill and have our picnic table, umbrella, etc. Since the Thompsons moved here, in the spirit of being a good neighbor, we have endured the barking of two big dogs who were part wolf, and the smell of dog manure. Now they want to replace the two deceased dogs with four, doubling the barking and manure. The replacement dogs are also big dogs. Their new fence does not shut out the barking noise nor the smell. In our opinion, giving them a kennel license would devalue our property, as I surely would not buy a house right next door to a dog kennel. We note NO LICENSE. This is in every way a public answer. Mr. Clark provided the Councilmembers photos showing the pen, fence, and his patio. 9/28/92 -7- I David Holzknecht, 3307 Quarles Road, stated the Thompsons are nice people but he did not think a residential area is the place for a kennel -- the odor is bad, the barking is bad. Judy Wetley, 3213 66th Avenue North, stated she has four grandchildren and is afraid the children will put their hands through the privacy fence and be bitten. She asked if the owners are required to have insurance covering dog bites. The City Attorney answered there is no legal requirement. It is a question a jury would have to answer. Councilmember Rosene stated he felt at this point he would vote to uphold the City Manager's denial. He stated he was worried about the relations in the community. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to close the public hearing at 8:25 p.m. Councilmember Pedlar asked if all members of the audience were opposed. The answer was yes. Councilmember Rosene asked if three months is enough time to be in compliance with this ordinance. The City Manager explained he recommended three months due to the number of citizen responses and the Sanitarian's report. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to accept the City Manager's denial and recommendation of three months to come into compliance with City Ordinances which require no more than two dogs on the premises. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:30 p.m. and reconvened at 8:44 p.m. PLANNING COMMISSION ITEMS The City Manager presented Planning Commission Application No. 92013. He explained the application is a request for planned unit development approval to rezone the R7 district at the intersection of Summit Drive and the east leg of Earle Brown Drive to PUD /MIXED and to grant site and building plan approval to construct 90 units of assisted housing (residential care in three buildings on the vacant parcel adjacent to the Earle Brown Commons. The Director of Planning and Inspection used transparencies to show the Council the area being considered. He explained the Council will be considering three separate actions on Application No. 92013 as follows: 9/28/92 - 8 - 1. An ordinance amending Chapter 35 of the City Ordinances relating to general standards for planned unit developments. 2. Resolution regarding disposition of Application No. 92013 submitted by Evergreen Development Group. 3. An ordinance amending Chapter 35 of the City Ordinances regarding zoning designation of certain land. Mayor Paulson opened the meeting for the purpose of a public hearing on Planning Commission Application No. 92013 at 9:15 p.m. He inquired if there was anyone present who wished to address the Council. Councilmember Scott expressed being in favor of changing the ordinance saying the project P g g g Yl g P J will service a need for the community. She further stated the project is very compatible with the surrounding properties. Councilmember Rosene complimented staff for recommending this project stating it is a good proposal for this property. Councilmember Cohen asked staff if this will be in the tax increment district. The City Manager answered yes, it is and this will accelerate the pay -off. Bob Hopman of Evergreen Development showed the Council an artist's rendering of the project and answered questions of the Council. Councilmember Cohen asked if $1,300 a month is an accurate estimate of the monthly rent. Mr. Hopman answered the estimate is based on the rents currently being charged in Fargo, North Dakota for the same type of facility. Councilmember Cohen stated he was concerned the residents of Brooklyn Center will be unable to afford such a monthly rent. Mr. Hopman explained the monthly rent of approximately $1,300 includes all meals, laundry, transportation, daily activities, all of the housekeeping, and towels and linens. He further explained there is a certified care -giver on duty 24 hours a day. Councilmember Pedlar asked if a single person's rent will be $1,300, how much more will a couple be charged. Mr. Hopman explained a couple would be charged an additional $450 to $500 a month. Mayor Paulson asked Mr. Hopman if Evergreen Development would be willing to help Brooklyn Center establish a senior center. Mr. Hopman explained the residents of the type of facility he is proposing, generally are unable to participate in the activities of a senior 9/28/92 -9- center. He further stated that many seniors in Fargo and Moorhead who use the senior centers very often come and volunteer at his facilities. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to close the public hearing at 9:39 p.m. The motion passed unanimously. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES RELATING TO GENERAL STANDARDS FOR PLANNED UNIT DEVELOPMENTS There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve for first reading an Ordinance Amending Chapter 35 of the City Ordinances Relating to General Standards for Planned Unit Developments. The motion passed unanimously. RESOLUTION 92 -234 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION REGARDING DISPOSITION OF APPLICATION NO. 92013 SUBMITTED BY EVERGREEN DEVELOPMENT GROUP 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 Scott to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances Regarding Zoning Designation of Certain Land and setting a public hearing date of October 26, 1992. The motion passed unanimously. DISCUSSION ITEMS SENIOR CENTER The City Manager presented for Council's discussion the matter of a senior center. He stated Council was provided information staff had on file on this subject. Councilmember Cohen stated the estimated cost of $1,000,000 for an addition to the Community Center as a senior center is probably not possible in the near future. He asked if staff has spoken to seniors directly about the type of center they would like to see Brooklyn Center provide. Councilmember Pedlar suggested involving seniors in this project. Councilmember Scott agreed the seniors should be asked what type of center they would like. She suggested an article be placed in both newspapers asking the seniors to write staff with their suggestions. 9/28/92 - 10- There was a motion by Councilmember Scott and seconded by Councilmember Rosene directing the City Manager to come back to the City Council with a proposed program and method to solicit from the senior citizens of Brooklyn Center their needs and wants. Councilmember Cohen stated the Council needs to know how it is going to pay for a senior center. The City Manager stated initially he would come up with an outline and if the Council is interested, staff would put together dollar amounts and suggestions for achieving this amount. Councilmember Pedlar stated he is not looking at spending a great deal of money. Mayor Paulson stated the City needs to look for a partnership that lends itself naturally with what we are interest in doing (such as a civic center). He further stated the need to ask the community what they want in a senior center. Councilmember Pedlar agreed with the need to look at partnerships. The motion passed unanimously. 1% SALES TAX INFORMATION BROCHURE The City Manager presented a proof of the information brochure which has been prepared for the 1% sales tax ballot question. Councilmember Scott questioned the use of the word "improve" suggesting the word "remove" be used instead. Councilmember Rosene also suggested some grammatical changes to the brochure. Councilmember Pedlar stated he believed the brochure satisfies its purpose. Mayor Paulson asked if "Residents asked to approve" should be changed to "Residents asked to vote or approve or disapprove." The City Attorney answered the City Council cannot advocate for or against this matter. Councilmember Cohen stated staff should be directed to revise the brochure making it a neutral document. Councilmember Rosene asked if these monies could be used for curb and cutter and if so could this be included in the information brochure. The City Attorney answered the authority to spend these monies is limited to housing projects for low income residents. If the electorate votes to approve the question, the City Council must then decide what can be done within the limits of the law. 9/28/92 UPDATE ON NEIGHBORHOOD STREET IMPROVEMENT PROGRAM The City Manager informed Council the City staff members met with the Earle Brown Neighborhood Advisory Committee and their extended committee members on September 17 at the Earle Brown Elementary School. He further stated the City staff will again be meeting with the Earle Brown Neighborhood Advisory Committee on October 1 to answer the questions raised at the September 17th meeting. He noted if the committee recommends a feasibility study be conducted the City's survey crews will start doing needed survey work as soon as possible. RESOLUTIONS (Continued) The City Manager presented ty g p ted the resolution supporting the development of a community celebration honoring law enforcement personnel. Councilmember Pedlar stated he supports this resolution in concept, however he stated he opposed the name of the celebration. RESOLUTION NO. 92 -235 Member Jerry Pedlar introduced the following resolution and moved its adoption with the stipulation that the name "law and order" be reviewed by staff: RESOLUTION SUPPORTING THE DEVELOPMENT OF A NATIONAL CELEBRATION HONORING LAW ENFORCEMENT PERSONNEL The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and 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 10:20 p.m. ED Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Nancy Berg Northern Counties Secretarial Services 9/28/92