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HomeMy WebLinkAbout1992 10-26 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION OCTOBER 26, 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 and Council Secretary Nancy Berg. OPENING CEREMONIES Dean Nyquist 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 presented a plaque to Edward Commers in recognition of and appreciation for his dedicated public service. Mayor Paulson thanked Mr. Commers for lending his time and his character and intellect in helping to guide the City of Brooklyn Center. Mr. Commers thanked Mayor Paulson and the Council and stated the real reward is to serve. Mayor Paulson welcomed to the Council Chambers Leah Harvey, Metropolitan State University, as the newest tenant and organization in Brooklyn Center. Ms. Harvey thanked Mayor Paulson and the Council for the warm welcome and stated the University will start classes on October 28. Ms. Harvey also thanked the Council for their continued support. 10/26/92 I APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmembers requested any items be removed from the consent agenda. Councilmember Rosene requested item 11a be removed from the Consent Agenda. APPROVAL OF MINUTES OCTOBER 13, 1992 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the minutes of October 13, 1992, regular session as printed. The motion passed. Councilmember Rosene abstained from voting. RESOLUTIONS RESOLUTION NO. 92 -242 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE ISSUANCE JOINTLY BY CITY OF BROOKLYN CENTER, CITY OF COLUMBIA HEIGHTS, CITY OF MOORHEAD AND THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ROBBINSDALE OF THEIR SINGLE - FAMILY MORTGAGE REVENUE REFUNDING BONDS, TAXABLE SERIES 1992A IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $8,000,000, RESIDUAL INTEREST REVENUE BONDS, SERIES 1992B IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $2,000,000, AND RESIDUAL INTEREST REVENUE BONDS SERIES 1992C, IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $1,000,000, PURSUANT TO MINNESOTA STATUTES, CHAPTERS 462A, 462C, 469 AND SECTION 471.59, AND APPROVING AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS IN CONNECTION THEREWITH The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 92 -243 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR HUMBOLDT AVENUE SIDEWALK /TRAILWAY, IMPROVEMENT PROJECT NO. 1991 -16 AND SIDEWALK REPLACEMENT /MISCELLANEOUS LOCATIONS, IMPROVEMENT PROJECT NO. 1992 -13, CONTRACT 1992 -I The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 10/26/92 -2- RESOLUTION NO. 92 -244 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR HOUSE REMOVAL - 4100 51ST AVENUE NORTH, IMPROVEMENT PROJECT NO. 1992 -12, CONTRACT 1992 -J The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 92 -245 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING YEAR XVIII URBAN HENNEPIN COUNTY STATEMENT OF PROJECTED USE OF FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION 92 -246 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE CITY'S NORTHEAST NEIGHBORHOOD FOR NEIGHBORHOOD PRESERVATION UNDER THE MINNESOTA HOUSING FINANCE AGENCY'S MULTI - FAMILY BLIGHTED PROPERTY REMOVAL 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 -247 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT WITH FIRST OF OMAHA FOR CREDIT CARD SERVICES IN THE MUNICIPAL LIQUOR STORES The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 10/26/92 _3_ LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the following list of licenses: CHRISTMAS TREE SALES LOT Snowy Ridge Farms 5558 Unity Ave. N. K -Mart 5930 Earle Brown Dr. FOOD ESTABLISHMENT GregoryLeigh, Inc. 3145 Dean Court, #I704 Gloria Jean's Coffee Bean 1119 Brookdale Center The Swiss Colony Brookdale Center MECHANICAL SYSTEMS Michal's Heating & Handiwork 2779 161st Ave. NW Vail & Sons, Inc. 3235 LaBore Road RENTAL DWELLINGS Initial: Vicki L. Franzman 5500 Aldrich Dr. N. Rickie and Patsy Stuva 6413 Brooklyn Dr. David Paquette 6613 Drew Ave. N. Floyd Ruggles 7008 Unity Ave. N. TAXICAB Blue & White Taxi 3307 6th St. N. Cab #580 I DISCUSSION ITEMS CRIME STATISTICS The City Manager explained Councilmember Rosene requested staff review Brooklyn Center crime statistics to see if some valid and creditable process or method can be developed for presenting these statistics with the hope that it will reduce the confusion over conflicting interpretations. He stated Captain Scott Kline will present the statistics and answer questions of Council. Captain Scott Kline used transparencies to show the comparison of crimes in Brooklyn Center from January to September 1991 and 1992. He stated the total incidents are down with arson and murder/homicide being up. Captain Kline explained the arson statistics are considerably higher in 1992 because in 1991 many arsons were reported as negligent fires and in 1992 negligent fires are reported as arson. 10/26/92 -4 Councilmember Rosene asked if there were any other classifications that have changed which might reflect the statistics better. Captain Kline stated the last changes occurred about six or seven years ago with the exception of the change in reporting negligent fires as arson. Councilmember Rosene asked what Miscellaneous Public means as a crime. Captain Kline answered Miscellaneous Public incl udes ublic incidents domestic disputes, alarm P , P , s, suspicious activity, lock outs, warrants and other citizen complaints not otherwise classified. Mayor Paulson asked if there is a way we can statistically show crimes are becoming more violent. Captain Kline answered the violent crimes are murder, rape, robbery and assaults and are considered to be on the increase. The City Manager explained one of the factors which sometimes complicates the comparison of crime statistics between cities, is each community sets their own limits such as some communities will only report larcenies over $200, while other communities will report larcenies over $50. Councilmember Rosene expressed concern that residents have been receiving conflicting reports about the crime figures, and he suggested staff schedule an open forum about these concerns and the recent murders in Brooklyn Park. Councilmember Pedlar stated there are many residents at the meeting tonight to address the crime issues, and he has received many calls about the incident in Brooklyn Park. He added a forum would provide an opportunity for citizens to address the issue of crime in our City. Councilmember Rosene reported he called the Brooklyn Park Police Department to discuss the recent murders, and he was told the Police Department has fielded some wild rumors about the crime. He further stated the Brooklyn Park Police Department invited anyone who has concerns to call on their non - emergency number, 493 -8222. Councilmember Cohen stated there is a forum at the meeting right now. Mayor Paulson agreed with Councilmember Cohen and suggested the meeting be opened for discussion. Mayor Paulson opened the meeting for public input from residents on the crime statistics in Brooklyn Center at 7:42 p.m. He inquired if there was anyone present who wished to address the Council. Councilmember Rosene thanked Captain Kline for providing the statistical crime information. 10/26/92 -5- Tim Wilson, 6718 Colfax Avenue, addressed the Council explaining both he and his wife work and their children are in day care, so the recent murders have hit home for them. He stated he works with computers and appreciates the crime statistics. He suggested keeping track of which area of the City the crimes are being committed, and the residence of the person committing the crime. Councilmember Rosene agreed this was a good idea, and asked if the statistics show what City the criminal lives in. Caption Kline answered one -third of the crimes are committed by someone in the City, one -third from the core cities, and the other one - third from surrounding suburban communities. Terry Precht, 7101 Fremont Avenue North, stated he has lived in Brooklyn Center for 26 years, and the recent crimes have his neighbors very concerned and some are planning to purchase guns. Mr. Precht stated he is very concerned someone will get hurt. He said the residents look to the City Council for guidance on what to do. He further stated he believed the apartment owners are the problem and asked staff investigate if the persons involved in crimes live in apartments or homes. Linda Sather, 6413 Quail Avenue, said she is concerned about the crime in Brooklyn Center. Ms. Sather stated Brooklyn Center is opening its doors to low- income and minority people, and she asked if there is a connection between this and the increased crime. Ms. Sather also expressed concern about the welfare system in Minnesota explaining many people come to Minnesota because the welfare system is very lenient. Ms. Sather agreed an open forum is very much needed. Sally Lewis, 7230 Dallas Road, stated she has been the chairperson for the fund raiser at Evergreen School for two years, and she has had to deal with many families in collection of funds. She explained the majority of the P roblems in collection were with people who live in the apartments. Ms. Lewis expressed concern for the youth in Brooklyn Center. She said they need more activities and education. Todd Cannon, 2205 Brookview Drive, stated it is easy to blame the problems on low - income or minority persons, however he thought part of the problem is economic. He explained when he was younger, there were more activities for the youth through the Park and Recreation Department. He encouraged the City and other organizations to provide more activities for the youth of Brooklyn Center. Denis Kelly, 7130 Fremont Avenue North, stated he is active with the Crime Prevention Fund, and he thanked the Police Department for doing a good job in difficult times. He stated the problem seems to be with the judicial system. He explained the attitudes of the judges and probation officers must be changed, and those committing crimes should only be given one chance. He also shared the concern about people moving to Minnesota from different states because of the welfare system. He said it behooves our .10/26/92 -6- Legislature to change the rate of welfare in Minnesota to match the same as the state the person is coming from. He encouraged the Council to become active in getting the legislation passed to reform the welfare system. He further stated it is time for M leadership in this area as our citizens are afraid. Mr. Kelly expressed the need to influence the judicial system, and to talk to the Legislators to increase the penalties to ensure an attitude saying we are going to protect our citizens and foster an attitude of responsibility for our actions. He agreed there is a growing minority population in Brooklyn Center, but it is not just a minority problem. Mike Miller, 7203 Fremont Avenue North, stated crime is out of hand, and the situation on Humboldt made him sick to his stomach. He explained as a black male there is a lot of stereotyping about black males, and noted they are not all criminals. Mr. Miller stated he moved to Brooklyn Center 20 years ago, and he decided then to get involved in the community and he has. He further stated we all own this problem, we must stick together to deal with this problem. Mr. Miller asked the City Council to address this problem forcefully. He pointed out City government and the Police Department need to involve more minorities. He congratulated the City on their recent hiring of a minority police chief and police officer. He reiterated this is not a black and white issue -- it is an issue without color. Rich VanDenBos, 1906 71st Avenue North, stated he has been a member of the Jaycees since 1972, and is involved in the Community Orientated Policing located in Humboldt Square. He invited everyone to join him there to discuss the crime problem. Bob Oberstar, 7243 Emerson Avenue, agreed things have changed in the community, and many people are talking about buying guns and putting up for -sale signs. Mr. Oberstar reported he has been told by people at work they will no longer shop at Brookdale because of crime. He asked the Council to do whatever they can to make residents feel secure. Linda Sather asked the matter of gangs be addressed if there is an open forum. Mayor Paulson thanked everyone for providing their input in a very dignified manner on a very sensitive issue. He asked residents to call the Councilmembers if they have any concerns. Mayor Paulson reiterated the praise for the work of the Brooklyn Center Police Department. Councilmember Cohen distributed copies of articles verifying most crimes are committed by people who have been put back on the streets by our judicial system. He stated the parole, juvenile and justice systems should be held accountable. In regard to gangs, Councilmember Cohen said the City had gangs twenty years ago and this seems to go in cycles. He agreed the main question is why are the young people committing the crimes. He further stated it is cheaper to provide prevention than to provide incarceration. He 10/26/92 -7- explained this community has done many things to help eliminate crime such as the Crime Prevention Fund, the Crime Prevention Neighborhood Watch, and the Community Orientated Policing. Councilmember Cohen suggested a legislative and judicial official should be present at the open forum. .) Councilmember Scott agreed part of the problem is economics and part is the welfare situation. She also agreed with Councilmember Cohen that something must be done about the welfare system. Councilmember Scott expressed concern about the number of single- parent families and their struggle to raise their children. Councilmember Scott suggested a forum be set up which would teach citizens how to secure their homes, and what to do when they fear someone has entered their homes. She was concerned the young people who commit these crimes place no value on their lives or the lives of others. Councilmember Rosene agreed with all of the concerns expressed by the residents and the Council. He suggested the parents be held responsible for a juvenile's actions, and he encouraged people to file a civil suit against the family if offended by a juvenile. Councilmember Cohen stated the judicial system is failing Brooklyn Center and other communities. He advised there is power in numbers and power in eo le, and we must P P get our legislators to change the system. Councilmember Cohen asked staff to circulate a tablet so the residents could provide their names and addresses to be notified of the open forum. He also asked staff to obtain a video tape copy of the Council meeting from the cable company. He further suggested staff put together a program for the open forum working with Councilmember Rosene; the City Attorney; representatives from the Hennepin County Welfare and Probation programs, the judicial system, and Attorney General's office; and the Legislators who deal with these issues. Councilmember Cohen stated this will help to develop an action program which will lead to a legislative agenda. Mayor Paulson stated it has been said it is beyond us. He further stated it is up to us, not beyond us, and the Council and the residents cannot give up. Mayor Paulson reiterated the need for a forum. Staff circulated tablets and pens for the residents to provide their names and addresses. Linda Sather stated there are many more residents who would be interested in attending a forum on crime, and asked staff to publish the date and time of the forum. Councilmember Rosene clarified it was not his intent to not notify residents of the crime statistics discussion, and it had only come to his attention very recently. He further stated it was his intent to review the statistics at tonight's meeting and set a date for a 10/26/92 .g_ forum. Councilmember Rosene asked staff to publish and advertise the date of the forum to the best of their ability. Councilmember Scott suggested staff contact legislators to determine their availability before setting the date and time of the forum. Councilmember Pedlar asked when the statistics and data comparing the cities will be ready. Captain Kline answered it will take approximately 30 to 60 days. Councilmember Pedlar asked how many neighborhood watch groups there are and could there be more. Captain Kline answered there are 76 neighborhood watch groups and anyone wanting to set up a new neighborhood watch group should contact Officer Dave Grass at 569 -3333. Greg Thielsen, 5306 Morgan, stated he is a member of the school board and informed Council and residents there will be a meeting on Thursday, October 29, at Brooklyn Center High School to discuss the welfare system in Minnesota. Councilmember Rosene stated as a Council they have been trying to acquire run -down apartment buildings and demolish and convert run -down homes, and with the residents continued support, Council can continue to work to maintain our neighborhoods. Mayor Paulson again thanked the residents for attending the meeting tonight. RECESS The Brooklyn Center City Council recessed at 8:55 p.m. and reconvened at 9:10 p.m. DISCUSSION ITEMS (Continued) 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 Evergreen Park Manor Apartments, to expand an existing agreement with the City of Brooklyn Center to acquire additional land. He further explained Village Properties would like to provide up to 8 three - bedroom apartment units in their complex by combining 2 two - bedroom apartments to make 1 three - bedroom unit and 1 one - bedroom unit. The City manager reported the City's Zoning Ordinance limits the total number of units with more than two bedrooms to ten percent of the total number of units in the complex. He also verified the police, fire and housing inspcctor reports have been provided to Council. 10/26/92 _9_ Councilmember Pedlar asked how many residents are within 150 feet of the apartment complex. The Director of Planning and Inspection answered he did not know the exact number but there were not very many because of City owned property to the south and Evergreen Park to the southwest. He further stated the building owners did post the letter of notice, which was mailed to surrounding residents, in each of their buildings. Councilmember Rosene informed Council he had attended several Building and Owners Management Association meetings last summer, and Ken Solie, one of the owners of Village Properties, emerged as a leader in efforts to screen tenants and in stricter enforcement of laws and property rules. He further stated he trusts Mr. Solie is running an operation that is beneficial to the City. Mayor Paulson agreed with the comments of Councilmember Rosene, but stated the Council is dealing with the question of converting to 8 three - bedroom apartments. Councilmember Cohen explained he had raised concerns about the three - bedroom conversions at the Economic Development Workshop in regard to the Federal Fair Housing Law and the Legal Aid lawsuit against Minneapolis. He also expressed concern about opening the door for additional applications for three - bedroom apartments. Councilmember Cohen stated the Maxfield Study has shown this area has the highest concentration of apartments in the City. He suggested tabling this matter until the next Council meeting to allow the City Attorney time to review these issues. Councilmember Pedlar stated he is still concerned about the number of people who would occupy the apartments, and he did not want to set a precedent in this area. He further stated he would move this item be tabled until the next Council meeting on November 9, 1992, when research would be available from the City Attorney. Councilmember Cohen stated he did not want to raise frivolous issues, but he would like to see if what he is proposing to be examined is valid. The City Attorney answered these issues are not frivolous. He stated the implications of the City's three - bedroom rule needs to be looked at. The City Attorney also stated the main problem is the matter of setting a precedent here. He explained it is unusual to g ive an owner credit for land for density purposes that the owner does not own. Councilmember Rosene agreed this is something the Council needs to be very careful about. He stated he was not adverse to tabling this item until the next meeting. He stated Council is not setting much of a precedent as the 8 three - bedroom apartments does not exceed the City's limit of ten percent of the total units. 10/26/92 -10- Ken Solie, one of the owners of Village Properties, stated Village Properties is only asking for what is allowed under the current ordinance and also for the variance in the amount of property. He explained the land they are looking to acquire is excess land that MNDOT had acquired as right -of -way. Patty Thompson, 7224 Bryant Avenue, asked if the owners would be allowed to convert to three- bedroom apartments without asking the Council if they had enough land. The City Attorney answered, yes, as long as no more than ten percent of the total units are converted to three - bedroom. Ms. Thompson stated, as a resident she is against the three - bedroom apartments, even though the owners will have the same number of units, as there will be more people. She pointed out more residents will likely mean more students at Evergreen School which is already bursting at the seams. Linda Sather, 6413 Quail, stated her concern is with crime, and Brooklyn Center has the highest concentration of low- income housing. The City Manager agreed Brooklyn Center has the second highest concentration of section eight certifications. Ms. Sather asked the Council to seriously consider the impact of low- income housing with the crime rate in Brooklyn Center. Ms. Sather asked the Village Property owners if they are residents of Brooklyn Center. Mr. Solie answered no, they are not. Councilmember Pedlar asked how the section eight subsidiary works. The City Manager . answered the resident pays 30 percent of their income and section eight pays the rest. Ken Solie stated even if a person is using a section eight certificate, they run credit checks, but they do not discriminate against a tenant based on their welfare status. Councilmember Rosene stated he empathizes with the problem of overcrowding in the schools. He explained he has spoken with employees at Evergreen school about students from Evergreen Park Manor Apartments and the students do not seem to be a problem. Sally Lewis, 7230 Dallas Road, stated she was concerned about apartment owners being allowed to increase their occupancy. She said she lives near the Willow Lane apartments which are clearly a problem. Denis Kelly stated he felt many of the residents who were at the Council meeting earlier would have stayed for this discussion if they had been aware of this matter. Mr. Kelly suggested this matter be continued until the next Council meeting so residents can speak against this motion. 10/26/92 _11_ Councilmember Scott clarified the owner is not increasing the amount of his units, only converting 2 two- bedroom units to 1 three - bedroom unit and 1 one - bedroom unit. She further stated a large number of families living in three - bedroom apartments are families who frequently move due to relocations on their jobs, and not everyone moving into these apartments will be undesirable. Denis Kelly stated the people in his neighborhood do not want any thee- bedroom apartments. Councilmember Rosene asked Mr. Kelly why they are against three - bedroom apartments. Mr. Kelly answered there are many apartments in his neighborhood, and there is a problem with the children from the apartments in the schools. Councilmember Cohen asked Mr. Solie if there are elderly or retired people in their apartments, and if so are any of them using section eight housing. Mr. Solie answered yes, there are elderly and retired people in their apartments, and yes, some of them use section eight housing. Councilmember Cohen said many people on assistance are elderly or retired. He said he raised these issues because it is a catch 22 as the Fair Housing Law is very clear and the penalties are very severe. He further stated the issue here is the concentration issue such as the Legal Aid lawsuit in Minneapolis. He suggested waiting for the legal response. Councilmember Scott stated Ms. Lewis brought up the issue of an apartment complex which is a problem and one which the City is trying to purchase. Linda Sather asked if the apartment owners acquire the additional land, will they then have enough property to develop additional apartments. The City Manager answered the land is surplus, right -of -way which will not provide the owner with enough land to further expand or build. The Director of Planning and Inspection stated Mr. Solie could convert 2 two- bedroom apartments to 1 three- bedroom apartment and one efficiency without the approval of the City Council because he would not be required to purchase any additional land. Jerry Cowan, one of the owners of Village Properties, informed Council he and Mr. Solie live in St. Anthony and are very involved in their community. He stated he understands the problems the Council is dealing with tonight. He further stated Village Properties is trying to provide a solution to a problem that exists in Brooklyn Center, that is the need for three - bedroom apartments. When asked if Village Properties would do this in their own community, he answered yes, Village Properties is doing this in his community. 10/26/92 -12- Councilmember Rosene asked if Council denies this what benefit is being e g given to the community. He explained Brooklyn Center already has a glut of two- bedroom apartments. Councilmember Rosene asked if there is an equivalent of section eight certificates to use for purchasing a home. Councilmember Cohen answered this may be in the new housing bill which is not yet signed. Councilmember Scott explained a section eight certificate does not have to used for renting an apartment, it can also be used to rent a townhouse or single f g e amity home as long as it fits into the guidelines. There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene to table consideration of a 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 to the November 9, 1992, Council Meeting to allow for review by the City Attorney. The motion passed unanimously. PUBLIC HEARING PUBLIC HEARING REGARDING SPECIAL ASSESSMENTS FOR WEST RIVER ROAD IMPROVEMENT PROJECT NO. 1988 -18 The City Manager presented the public hearing regarding special assessments for West River Road Improvement Project No. 1988 -18. He explained the special assessments had been objected to by Mr. Harold Swanson, and the Council has continued the hearing to tonight's meeting. The Director of Public Works informed Council a special benefit appraisal was conducted on the Swanson properties by Mr. Brad Bjorklund, a licensed real estate appraiser. He further stated the special benefit attributed to the street improvement project by the appraiser is $11,300. Pro tem Pedlar opened the meeting for the purpose of a public hearing regarding special assessments for West River Road Improvement Project No. 1988 -18 at 10:19 p.m. Harold Swanson, owner of the properties, stated the report of the appraiser is not conclusive. He further stated he does not believe his property value has increased due to the improvements. Mr. Swanson asked Council to revise the assessment to a reasonable amount in order to eliminate a court hearing. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to close the public hearing at 10:25 p.m. The motion passed unanimously. 10/26/92 _13_ There was a motion by Councilmember Scott and seconded by Councilmember Rosene to reduce the total special assessments relating to properties at 7230, 7240 and 7250 West River Road from $19,902.66 to $11,300, with assessments to each property to be proportioned on an area basis. The motion passed unanimously. RESOLUTION NO. 92 -248 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIALASSESSMENTS FOR WEST RIVER ROAD IMPROVEMENT PROJECT NO. 1988 -18 TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. ORDINANCES The City Manager presented an Ordinance Amending Chapter 35 of the City Ordinances Regarding General Standards for Planned Unit Developments. He explained the City Council adopted Council Resolution No. 92 -234 approving Planning Commission Application No. 92013 submitted by Evergreen Development Group which was a request for Planned Unit Development a royal pp to rezone two parcels totaling 7.125 acres from R7 to PUD/MIXED. He further explained the area contained the site of the Earle Brown Commons high -rise apartment complex and an adjacent vacant parcel. The Director of Planning and Inspection explained the amendment to Chapter 35 relating to the General Standards for Planned Unit Developments would delete the statement in the ordinance that a PUD may be located only in an area designated for redevelopment in the City's Comprehensive Plan and replace it with a statement indicating the PUD may only contain uses consistent with the City's Comprehensive Plan. He further indicated this amendment gives the City Council the flexibility to use the PUD Ordinance for development as well as redevelopment. Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding General Standards for Planned Unit Developments at 10:30 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 Rosene and seconded by Councilmember Cohen to close the public hearing at 10:30 p.m. The motion passed unanimously. 10/26/92 -14- ORDINANCE NO. 92 -18 Member Philip Cohen introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING GENERAL STANDARDS FOR PLANNED UNIT DEVELOPMENTS The motion for the adoption of the foregoing ordinance was duly seconded by member Dave Rosene. The motion passed unanimously. The City Manager presented An Ordinance amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land. He explained this also amends Chapter 35 by describing the property which is being rezoned by deleting reference to it in the R7 zoning district and adding the description to the PUD district. Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land at 10:31 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 Rosene to close the public hearing at 10:31 p.m. The motion passed unanimously. ORDINANCE NO.92 -19 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND The motion for the adoption of the foregoing ordinance was duly seconded by member Dave Rosene. The motion passed unanimously. DISCUSSION ITEMS (Continued) REPORT REGARDING AIR QUALITY STUDIES OF THE CIVIC CENTER AND THE CITY GARAGE The City Manager presented the report regarding air quality studies at the Civic Center and at the City Garage. He stated the reports revealed serious deficiencies at both facilities. He informed Council interim improvements are being made to deal with the most serious problems, however feasibility studies are needed to define long -term solutions to these problems. 10/26/92 -15- Councilmember Cohen observed improving the City Garage will be a major expenditure. The City Manager agreed and described the City Garage as a compactly programmed building. The City Manager also stated the study will give the City a basis to study the programs and uses of this building. II 1 The Director of Public Works informed Council staff has asked the consultant to propose the long -range solution and the absolute minimum to achieve compliance with the Indoor Air Quality Act. Mike Berean, representative from Legend Technical Services, reported Legend will prepare feasibility reports for both a long -range solution and an interim solution. Councilmember Rosene asked the Director of Public Works if it was his professional opinion to stay with Legend Technical Services rather than open it up for bids. The Director of Public Works answered yes, Legend has been doing a good job, and it would be more expensive to go out for bids at this point. RESOLUTION NO. 92 -249 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSALS FOR PHASE II PROFESSIONAL SERVICES FOR IMPROVEMENT PROJECT NO. 1992 -14, AIR QUALITY STUDY FOR CIVIC CENTER AND CITY GAR_ AGE, AND ALLOCATING FUNDS THEREFORE The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen. The City Manager informed Council staff has a question with the contract with the consultants in regard to risk management and insurance issues. The City Manager asked the Council to authorize him to sign the agreement with the consultant after the question is cleared up. The motion, including the authorization to allow the City Manager to sign the agreement with the consultant after the question is cleared up, passed unanimously. SNOW STORAGE REGULATIONS The City Manager reported staff has been contacted by representatives of the Minnesota High School League requesting staff and City Council consider some type of regulation of snow storage. He explained the High School League had an unfortunate experience with snow storage next to their property on Freeway Boulevard at the corner of Freeway Boulevard and Shingle Creek Parkway. He further explained last winter the owner of the property at this corner stored a large amount of snow hauled in from the Brookdale 10/26/92 -16- i parking lot. The City Manager explained during the freeze /thaw cycle in February, March and April it created hazardous conditions for users of the sidewalks and drivers on Freeway Boulevard. Councilmember Pedlar stated the City needs to work with the property owner to handle this concern without additional regulations. The City Manager informed Councilmember Pedlar staff worked with the property owner, however the property owner failed to alleviate the problem. He further explained the City then had to send trucks to sand the area and the property owner was then assessed for the expense. Councilmember Scott explained it is not just a snow problem, there is also debris from the snow pile blowing around in the spring. She agreed the Council does not need to legislate, however this is a problem. Councilmember Scott recommended staff continue to work with the property owner. Councilmember Rosene agreed with both Councilmembers Pedlar and Scott to continue to work with the property owner to avoid further legislation. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott directing staff to continue to work with the property owner to solve this problem. The motion passed unanimously. CAPITAL SPENDING POLICY The City Manager presented the capital spending policy which Councilmember Cohen requested be put on the agenda as a discussion item. He further explained the memorandum prepared by Councilmember Cohen on this subject has been given to the Financial Commission for their preliminary review as requested by Council. Councilmember Cohen explained his concern is the City Council should consider having a policy that deals with capital spending and the use of general fund operating funds and use of reserves. He suggested reasonable limits be set on capital expenditures approved by Council with voter approval. Mayor Paulson asked at what point in this process the Council would see a preliminary policy. Councilmember Cohen suggested the Financial Commission could provide Council with an outline of their proposal. Councilmember Rosene suggested City Finance Director would want to have a certain amount of input on this. The Finance Director responded he does have several ideas, but was not ready to express them this evening. The Finance Director further stated he had taken Councilmember Cohen's message to the Financial Commission, and they expressed an interest in developing a policy. 10/26/92 -17- Mayor Paulson asked if other cities have a policy. The Finance Director responded yes, the City of Minnetonka developed a written policy and we could look at their policy. Councilmember Rosene stated a capital expenditure policy would provide a certain I amount of guidance and restraint to the City Council. He questioned how much guidance and restraint is needed, and asked if there are examples in the past where the Council had spent large amounts of money the voters did not approve of. Mayor Paulson requested a review of the history of the capital expenditures. Councilmember Cohen stated the Council needs to not only look at the initial cost of a capital expenditure, but also the cost of maintenance. Councilmember Scott agreed with the need for a capital expenditure policy. She explained in the future there could be a Council that does not have much experience with capital expenditures as they do not come up very often. Denis Kelly, member of the Financial Commission, stated it was the consensus of the Commission to work to develop a capital expenditure policy, and they welcome the opportunity. Mayor Paulson asked what kind of flexibility the City Council will lose. The City Manager answered the Council is really self - regulating, so it is a matter of how restrictive does the Council want to be. He explained it may not be a matter of being restrictive, but more a matter of being consistent. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to refer the capital spending policy to the Financial Commission and the auditor to return to the Council with recommendations. The motion passed unanimously. STAFF REPORT REGARDING POLICY AND PROCEDURES FOR WATER METER READINGS The City Manager presented the staff report regarding policy and procedures for water meter readings. He explained during the Financial and Service Prioritization Process, the Public Utility maintenance ty to ance staff suggested discontinuing annual residential water meter reading. He further explained eliminating this activity would have a minimal effect on service, and would allow staff to complete other pressing tasks. Councilmember Scott asked if eliminating the water meter readings, would mean a savings of approximately $18,000. The Director of Public Works answered yes. Councilmember Scott stated she would like to give this a try. 10/26/92 -18- There was a motion by Councilmember Scott and seconded by Councilmember Cohen to approve a policy change which would eliminate the annual residential meter reading; and directing staff to devise a method of periodically testing the accuracy of the readings submitted on reading cards, to include in the 1992 utility rate study sliding scale penalties for non - submission of readings cards, and to include an evaluation of the new policy in the 1993 utility rate study. The motion passed unanimously. STAFF REPORT REGARDING ICE CONTROL PRACTICES Mayor Paulson asked that the staff report regarding ice control practices be continued to the next City Council meeting on November 9, 1992. STAFF REPORT REGARDING PUBLIC EDUCATION PROGRAM REGARDING ABATEMENT OF WATER POLLUTION Mayor Paulson asked that the staff report regarding public education program regarding abatement of water pollution be continued to the next City Council meeting on November 9, 1992. BUDGET WORK SESSION DATES The City Manager explained the first budget work session is scheduled for Thursday, November 5, 1992, and the Association of Metropolitan Municipalities is holding their policy adoption meeting that evening also. It was the consensus of City Council to reschedule the budget work session to allow members of Council to attend the Association of Metropolitan Municipalities policy adoption meeting. Staff will contact Council members to arrange a date for the first budget work session. RESOLUTIONS (Continued) Councilmember Rosene requested the reading of a Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of Edward Commers. RESOLUTION NO. 92 -250 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF EDWARD COMMERS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 10/26/92 -19- ANNOUNCEMENT OF SPECIAL CITY COUNCIL MEETING TO CANVASS THE NOVEMBER 3, 1992, MUNICIPAL GENERAL ELECTION RETURNS Mayor Paulson announced there will be a special meeting of the City Council on November 3, 1992, at approximately 9 :30 p.m., or as soon thereafter as the municipal general election results are returned, for the purposes of canvassing the results of the November 3, 1992, municipal general election. ADJOURNMENT There was a motion by Councilmember Scott, and seconded by Councilmember Pedlar to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:30 p.m. Pa Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Nancy Berg Northern Counties Secretarial Services 10/26/92 -20-