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HomeMy WebLinkAbout1992 02-24 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 FEBRUARY 24, 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 7:03 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Jerry Pedlar and Dave Rosene. Councilmember Philip Cohen arrived at 8:02 p.m. 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 Carla Wirth. OPENING CEREMONIES Dwight Gunberg offered the invocation. OPEN FORUM Mayor Paulson noted the Council had received one request to use the open forum session this evening and invited Tom Slupske to address the Council. TOM SLUPSKE, 5918 Abbott Avenue North Mr. Slupske advised the Council of his concern about the high amount of traffic on 59th and 60th Avenues between Brooklyn Boulevard and Xerxes Avenue. This traffic situation was not a new one and had been addressed by the Council previously including discussion of making 59th and 60th Avenues one way streets or installation of a barrier. Mr. Slupske explained residents from this area rejected plans for a barrier because it would create a hazard with Police and Fire Department response time as well as for emergency vehicles. Residents also felt barriers would reduce their property values. I Mr. Slupske indicated residents from this area submitted a signed petition to the City. This petition was reviewed by the Administrative Traffic Committee who recommended north/south stop signs. Residents take exception to this and do not feel it offers a solution to east /west traffic. Instead, they would like to see stop signs on both 59th and 60th Avenues so traffic does not simply shift over to 60th Avenue. Mr. Slupske reviewed results from the radar survey and indicated 42 accidents had occurred in recent times with eleven 2/24/92 - 1 - I resulting in injury. He felt these accidents were happening because drivers were taking unnecessary risks and trying to find a short cut. The average speed of traffic was over 32 miles per hour with 15% of the vehicles averaging between 35 and 37 miles per hour. Mr. Slupske pointed out the number of children was increasing in this neighborhood every year, and he was concerned for their safety in crossing 59th Avenue. Also, parents in this neighborhood were finding it necessary to drive their children to friend's houses rather than letting them walk. Mr. Slupske concluded his remarks by stating residents of this neighborhood felt the current usage of 59th Avenue was too high and posed a dangerous situation. They also felt non - neighborhood usage was too high and demanded a solution to decrease traffic levels by installing stop signs on east/west streets (59th and 60th Avenues). The City Manager reviewed reports on sequence of work done, over a two year period of extensive neighborhood involvement in 1985 -86. At that time several (3) public hearings were held leaving staff with the perception there were cut - through traffic issues and the City should eventually look at closing 59th Avenue; however, this would result in shifting traffic to 60th Avenue. The City Manager indicated stop signs would result in a reduction, but he felt the only way to make a real impact was to install barriers. He then reviewed enforcement, pollution and noise issues resulting with stop signs. Another issue was that stop signs would reduce traffic speed at the intersection, but the cars then accelerate between intersections to make up time. Councilmember Pedlar indicated he had relatives living in this neighborhood and had first- hand knowledge of the traffic situation. He agreed traffic was excessive and traveling beyond the speed limit. Councilmember Pedlar felt the Administrative Traffic Committee had done a good job of addressing the situation, but their recommendation does not address the concerns of the neighborhood. He concurred with Mr. Slupske's comment this neighborhood was becoming a younger population with children. Also, when drivers see traffic is backed up on County Road 10 and Brooklyn Boulevard, they cut through this neighborhood to bypass it. Councilmember Pedlar expressed concern non - neighborhood cut- through traffic was putting the children of this neighborhood in jeopardy. He felt it was time for the Council to look at the situation and do something. Councilmember Pedlar indicated he felt it would be a deterrent to traffic if they had to stop at every intersection. Mr. Slupske stated he felt installing the one stop sign recommended by the Administrative Traffic Committee would result in a more dangerous situation than no stop sign at all. The City Manager pointed out many of the accidents mentioned earlier by Mr. Slupske occurred during left turn movements and not at intersections. He did not feel the number of reported accidents were not excessive considering Brooklyn Boulevard carries 25,000 cars per day. The Director of Public Works agreed many of the accidents were on Brooklyn Boulevard involving rear end or side -swipe situations, and not related to cut - through traffic. 2/24/92 -2- I G He added the Administrative Traffic Committee looked at the number of accidents in this area compared to those occurring in other residential areas and found the number was not unusual; however, they did feel the traffic level in this neighborhood was higher than normal. Councilmember Pedlar questioned the neighborhood's reaction to a barricade. Mr. Slupske explained there were heated arguments five to six years ago regarding this issue because no one in the neighborhood wanted a barricade or a one -way street situation. Residents felt these options would restrict their freedom and reduce response time for police, fire, and emergency vehicles. He added stop signs may not be the best alternative, but residents felt it was the only solution. The City Manager indicated a four -way stop sign was considered but rejected by both the Administrative Traffic Committee and Council. It was hoped improvements would be made to the County Road 10 and Brooklyn Boulevard intersection to allow traffic to flow more quickly through and eliminate back -up problems. Mayor Paulson thanked residents for providing the Council with information. He suggested staff review the information and make recommendations on possible options other than leaving it status -quo. The Council would then discuss the options in conjunction with residents to determine the best way to handle it. Councilmember Rosene added his thanks to residents for bringing this matter to the Council's attention. He indicated support of having a four -way stop along east/West streets on an experimental basis since he felt residents had demonstrated a need for having some type of traffic control. Councilmember Rosene pointed out some traffic uses these streets because they were the most direct route to their destination. He also felt some of the increased traffic was due to the close proximity of the commercial area. Councilmember Rosene asked when this area was scheduled for installation of sidewalks and whether it could be moved up in priority. The City Manager responded sidewalks were considered as part of the discussion in 1985 and 1986, but it was felt the volume of pedestrians do not justify sidewalk installation. He explained the City usually installs sidewalks only along busier pedestrian routes or routes to and from schools. Councilmember Rosene indicated support of looking at the sidewalk issue again since this was a high traffic area with young families. Councilmember Pedlar pointed out the information from 1985 and 1986 was antiquated and should be reevaluated since traffic was heavier today. He reminded the Council of the accident on West River Road where a school aged child was killed by a car. Councilmember Pedlar stated he does not want that type of situation to occur in this neighborhood and suggested the Councilmembers tour this area themselves. He suggested staff research options, and place this item on the Council agenda in the form of a resolution. 2/24/92 -3- The City Manager estimated the cost for installing stop signs at $2,000 to $3,000. He indicated stop signs must be installed in accordance with the Uniform Traffic Code and differing from these general requirements could place the City in a liability situation. Councilmember Pedlar indicated agreement that there needed to be some enforcement in this area. He supported stop signs on east/west streets as a way to deter traffic. Councilmember Pedlar stated the City may have some exposure to consider. The City Manager stated he was not sure stop signs would be a sufficient deterrent to significantly cut down on cut - through traffic. He pointed out there would be a liability if the City installed stop signs and it resulted in accidents. He suggested staff review and update information regarding this issue and submit a recommendation for Council's consideration. Councilmember Scott indicated she had lived in this area and understood the resident's concern. She pointed out the residents had been patient in waiting for a solution. Councilmember Scott reported on a similar situation in Crystal where stop signs were installed resulting in minimal reductions and complaints from residents about roll throughs and squealing tires. Because of the complaints, the City then removed some of the stop signs. Councilmember Scott indicated she was doubtful stop signs would help in this situation, but she felt something should be done to assure safety of the children. She added she does not want to delay action until another study was done and felt perhaps a temporary solution may be a four -way stop sign at Abbot Avenue. Councilmember Pedlar stated he would like to move expeditiously and recommended staff research options and come back with a positive recommendation after working with residents to arrive at a solution. Mayor Paulson concurred. The City Manager recommended any traffic control change be done at one time to avoid confusion. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to direct staff to work with residents from this area to research the possibility of east/west stop signs and provide a recommendation for Council consideration at the March 23, 1992, meeting. An unidentified resident suggested the Council consider installing a "Slow - Children Playing" sign and reduce the speed limit to 15 miles per hour. The Public Works Director responded within the state of Minnesota, signs lower than 30 miles per hour were only found in areas of school crossings during times when children were present. The area under consideration is not a school crossing zone. The motion passed unanimously. 2/24/92 -4- Mayor Paulson inquired if there was anyone else present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS Mayor Paulson announced the following recipients of a $50 recycling prize: Kenneth Cooper, 5712 Bryant Avenue North; David Berg, 3706 Commodore Avenue North; J.W. Adam, 6926 Emerson Avenue North; David Jensen, 5149 Ewing Avenue North; and, Irene Carter, 4700 Eleanor Lane. Mayor Paulson explained this program encourages recycling and extended this congratulations to the winners. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmembers requested any items be removed from the consent agenda. No requests were made. APPROVAL OF MINUTES JANUARY 27, 1992 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve the minutes of January 27, 1992, regular session as printed. The motion passed unanimously. FEBRUARY 10, 1992 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve the minutes of February 10, 1992, regular session as printed. The motion passed unanimously. APPOINTMENT OF ELECTION JUDGES ELECTION JUDGES FOR APRIL 7 1992 PRESIDENTIAL PRIMARY There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve the appointment of election judges for the April 7, 1992, Presidential Primary election as submitted by staff. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 92 -30 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION REQUESTING HENNEPIN COUNTY PLACE A SIXTY DAY HOLD ON THE AUCTION OF A TAX FORFEITED LAND PARCEL The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. 2/24/92 -5- RESOLUTION NO. 92 -31 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) STREET SWEEPER The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 92 -32 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1991 AND 1992 GENERAL FUND BUDGETS TO CARRY FORWARD CERTAIN POLICE DEPARTMENT APPROPRIATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 92 -33 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT 1992 -02, LOCAL AREA NETWORK SYSTEM FOR THE CITY OF BROOKLYN CENTER FACILITIES, APPROVING SPECIFICATIONS, AND ACCEPTING PROPOSALS 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: AMUSEMENT DEVICE - OPERATOR Kids "R" Us 5717 Xerxes Avenue N. CATERING FOOD VEHICLE Bridgeman's 6201 Brooklyn Boulevard FOOD ESTABLISHMENT . Korean Presbyterian Church of MN 5840 Humboldt Avenue N. GARBAGE AND REFUSE COLLECTION VEHICLE Block Sanitation 8924 Ashley Terrace 2/24/92 -6- MECHANICAL SYSTEMS Air Conditioning Associates, Inc. 689 Pierce Butler Rt. Snelling Mechanical, Inc. 1402 Concordia Avenue NONPERISHABLE VENDING MACHINES Apple Automatic Food Service 6313 Cambridge Street Royal Business Forms 6840 Shingle Creek Parkway Maranatha Cons. Baptist Home 5401 - 69th Avenue N. Norcroftt, Inc. 8833 Jefferson Highway Brooklyn Center High School 6500 Humboldt Avenue N. Service America Corporation 7490 Central Avenue NE M'TC 6845 Shingle Creek Parkway PERISHABLE VENDING MACHINES Apple Automatic Food Service 6313 Cambridge Street Royal Business Forms 6840 Shingle Creek Parkway Maranatha Cons. Baptist Home 5401 - 69th Avenue N. Norcroftt, Inc. 8833 Jefferson Highway Brooklyn Center High School 6500 Humboldt Avenue N. Service America Corporation 7490 Central Avenue NE MTC 6845 Shingle Creek Parkway READILY PERISHABLE FOOD VEHICLE Bridgeman's 6201 Brooklyn Boulevard SPECIAL FOOD HANDLING ESTABLISHMENT Kohl's Department Store 2501 County Road i0 Paper Warehouse 7634 Golden Triangle TAXICAB Town Taxi 2500 Washington Avenue N. #124 The motion passed unanimously. MAYORAL REAPPOINTMENTS PARK & RECREATION COMMISSION There was a motion by Mayor Paulson and seconded by Councilmember Rosene to reappoint Thomas R. Shinnick to the Park & Recreation Commission to serve through December 31, 1994. The motion passed unanimously. 2/24/92 -7- i PLANNING COMMISSION There was a motion by Mayor Paulson and seconded by Councilmember Rosene to reappoint Mark Holmes, Bertil Johnson and Ella Sander to the Planning Commission to serve through December 31, 1993. The motion passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 92004 - RITA M. BONNELL The City Manager presented Planning Commission Application No. 92004 submitted by Rita M. Bonnell requesting a special use permit to operate a beauty shop in the lower level of her home at 6840 Bryant Avenue North. The Director of Planning and Inspection reviewed the staff report as well as issues raised by the Planning Commission. The applicant requests approval of a special use permit to move her beauty salon (which was located in the Humboldt Square Shopping Center) to the basement of her home. She has indicated she would be open on a limited basis from 9 a.m. to 7 p.m. weekdays and 8:30 a.m. to 3 p.m. on Saturday. They had a large driveway so there would be no on street parking needed. Ms. Bonnell has been an operator for over 20 years and had her own salon for over 30 years. She has provided her manager's and salon license numbers. The application was reviewed and unanimously recommended for approval by the Planning Commission at its February 13, 1992, meeting subject to seven conditions. Mayor Paulson opened the meeting for the purpose of a public hearing on the Planning Commission Application No. 92004 submitted by Rita M. Bonnell at 7:49 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 7:49 p.m. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve a special use permit for Rita M. Bonnell to operate a beauty shop in the lower level of her home at 6840 Bryant Avenue North, application No. 92004, subject to the following conditions: 1. The special use permit is granted only for a one chair home beauty shop. The use may not be altered or expanded in any way without first securing an amendment to this special use permit 2. The beauty shop shall operate on an appointment -only basis. Hours of operation shall be from 9 a.m. to 7 p.m., Monday through Friday and 8:30 a.m. to 3 p.m. on Saturdays. 2/24/92 -8- 3. The applicant shall provide the city with a current copy of the state shop license prior to issuance of the special use permit. 4. The applicant shall obtain required permits for plumbing and ventilation work. 5. The applicant shall install a 10 lb. fire extinguisher in the room of the home beauty shop. 6. There shall be no more than ten people in the basement area at any given time. 7. All parking associated with the home beauty shop shall be off - street on improved space provided by the applicant. The motion passed unanimously. ORDINANCES AN ORDINANCE VACATING A DRAINAGE AND UTILITY EASEMENT IN CENTAUR ADDITION The City Manager presented an Ordinance Vacating a Drainage and Utility Easement in Centaur Addition. He explained the city received a request from Noah Bridges to vacate the easement adjacent to his southerly lot line so he could build an addition onto his garage. The Director of Public Works reviewed the location of the utility easement and indicated there were no utilities located in the easement. Notices were sent to utilities companies asking them to respond prior to second reading if they had any objections but to -date, none had responded. This ordinance is offered for first reading. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve for first reading an Ordinance Vacating a Drainage and Utility Easement in Centaur Addition and setting a public hearing date of March 23, 1992, at 7:15 p.m. The motion passed unanimously. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES TO REQUIRE A MINIMUM SEPARATION BETWEEN CERTAIN EARLY MORNING /24 HOUR COMMERCIAL OPERATIONS AND SINGLE - FAMILY AND TWO - FAMILY DWELLINGS IN R -1 AND R -2 ZONING DISTRICTS The City Manager presented an Ordinance Amending Chapter 35 of the City Ordinances to Require a Minimum Separation between Certain Early Morning/24 Hour Commercial Operations and Single - Family and Two - Family Dwellings in R -1 and R -2 Zoning Districts. He indicated this ordinance amendment was offered for first reading on January 27, 1992, published in the City's official newspaper on February 5, 1992, and is offered now for second reading and public hearing. 2/24/92 -9- The City Manager indicated the Council had been considering the possibility of amending the Zoning Ordinance to prohibit certain early morning or 24 hour commercial operations from being in close proximity to single - family and two - family residential areas. This matter was discussed at the December and January Council meetings, and the ordinance amendment had a first reading on January 27, 1992. It was published in the City's official newspaper and is offered to the City Council for second reading and public hearing tonight. The City Manager indicated notices and a copy of the ordinance proposal with maps were mailed to affected property and the Chamber of Commerce. Mayor Paulson opened the meeting for the purpose of a public hearing on an Ordinance Amending Chapter 35 of the City Ordinances to Require a Minimum Separation between Certain Early Morning/24 Hour Commercial Operations and Single - Family and Two - Family Dwellings in R -1 and R -2 Zoning Districts at 7:51 p.m. Tom Louchs, planning consultant representing Mrs. Clifford Lang, indicated the issue was not whether the Council should or should not attempt to amend the ordinance, but how it affects the Lang property which was in the process of condemnation proceedings. He asked to go on record that any action the Council takes should not have an affect on the Lang property condemnation. A commissioner had been appointed for the condemnation proceedings which should occur in April. Mr. Louchs indicated the proposed ordinance amendment could affect the ability to operate a 24 hour business on the Lang property and affect the ultimate value of the property. If this were to happen, they want it taken into consideration when the condemnation proceedings happen. Howard Atkins stated he was developing property on 66th Avenue North and T.H. 252. He indicated the City was in receipt of a letter from his attorney expressing his feelings about the proposed ordinance which would amount to a taking of this property rights and greatly reduce the value. Mr. Atkins stated the proposed ordinance would severely affect his ability to sell the property, which was why he was opposed to it. Dale Greenwald, business owner in Brooklyn Center, President of the Chamber of Commerce and member of its EDC, indicated the Chamber of Commerce EDC hoped the ordinance would be rejected or tabled at this time so they were able to study it more and determine how it fits with the City's Comprehensive Plan. As a business owner, he was concerned about the impact on a business owner who wants to sell to someone else. Councilmember Rosene pointed out a business which was sold and remains the same would not be under the restrictions of the new ordinance. The restrictions of this ordinance would become active if a business ceased operating for a period of two years and then began again. Councilmember Cohen arrived at 8:02 p.m. 2/24/92 _10- I i Mayor Paulson questioned input from the EDC. Mr. Greenwald expressed concern on how well this proposal fits into the Comprehensive Plan or whether it was a "band aid" solution. Councilmember Rosene explained this ordinance amendment had its origin in the conflict with the Atkins property to develop his site and residents objecting to potential glare, increased traffic, etc. He asked what type of business would contemplate starting in an area such as this (within 200 feet of a residential area) needed to operate between midnight and 6 a.m. Mr. Greenwaldt indicated the area under discussion was freeway property, and he felt it could support a usage of that type, such as a grocery store like CUB or Byerly's. Donna Iture, owner of the northwest corner of 66th Avenue North and T.H. 252, stated she does not intend a use of this type; however, the proposed ordinance amendment resulted in placing another restriction on her property that made it even more difficult to sell. Ms. Iture stated they had some interest from a person who wanted to build a restaurant, but they were having difficulty selling the property due to all the City requirements that have to be met. Mark Saliterman, Northbrook Shopping Plaza, stated his property has been commercial zoned for a long time and the proposed amendment would result in taking rights away from people who purchased the property and relied on the zoning. He questioned why the Council would consider a change of this type during a difficult economic time. Mr. Saliterman asked why "midnight" was picked instead of 1 a.m. or 2 a.m. He pointed out many businesses were opening earlier and staying open later in the evening just to make it. He felt the City may have a problem in some areas, but were considering a blanket ordinance as a way of avoiding a discrimination lawsuit against one property. He suggested the City work out the problems with that one property rather than attempting a blanket ordinance restriction. Mr. Saliterman reviewed the site layout for the Northbrook Shopping Plaza and indicated the residential homes were built after the shopping center was already there so he does not feel an ordinance of this type should affect him. He explained he checked first with the City about purchasing the building and updating it and was encouraged, but when remodeling began he was required to meet certain restrictions including a change in the parking lot. Mr. Saliterman reviewed the list of business types that would be affected by the proposed amendment. He indicated he would like to avoid an expensive law suit and suggested the City obtain an opinion from the Attorney General's office regarding the proposed amendment and whether it was discriminatory or a taking of the property. The City Attorney responded he had not reviewed the opinion letter submitted by Mr. Atkin's attorney and was not aware whether it cites case law. The City Attorney indicated in this particular case, he does not feel a taking or partial taking occurred or that there was a basis for a law suit challenging the ordinance. He added he was unsure whether the 2/24/92 I Attorney General would be willing to provide an opinion on an issue such as this, but he could make the request. Councilmember Rosene indicated there was no case law cited in the letter from Mr. Atkin's attorney. Mr. Saliterman reported the property owners have talked with attorneys who disagree with the City Attorney's opinion. He suggested the matter be tabled to allow those attorneys who disagree to talk with the City Attorney. Mr. Saliterman pointed out during the discovery process the City would have to make information available to them indicating how the ordinance originated and why they decided to adapt it. If it stemed from one person's property, it may be determined the Council acted in an arbitrary and capricious way in bringing the entire community into it instead of dealing with just that one piece of property. Bill Bartram, president of Brookdale Chrysler Plymouth, explained they don't plan to sell cars after midnight, but their service department was open Monday through Thursday until 2 a.m. These hours were created ' eate about one year to accommodate customer's needs since they found it inconvenient to be without their car during the day. Mr. Bartram explained they may be considering expanding to 24 hour service in the future and don't want to move to Brooklyn Park to accommodate their customers. He pointed out one complaint was made six years ago when a speaker to the paging system was left on all night, but so far no one has complained about the service hours. Brookdale Chrysler Plymouth employees 75 people with an average compensation of over $30,000. Mr. Bartram reported the repair division runs on two shifts per day, and this ordinance would limit his ability to expand those hours. Mr. Bartram stated he understood the proposed ordinance resulted in a proposal by one property for a 24 hour convenience store operation but the ordinance as proposed would affect all business owners. He felt the ordinance would also restrict the growth potential for several businesses since it would be detrimental to business and potential sale of property. Mr. Bartram concluded by commenting he does not feel it was good City policy to establish an ordinance that discouraged business and does not deal with substantial impairment to public health and safety. Councilmember Rosene indicated the proposed ordinance amendment would not prohibit Brookdale Chrysler Plymouth from continuing as they have been. Mr. Bartram pointed out t they were at a point where they have to decide in the next several months whether they should expand repair hours to 24 hours per day or else he would have to decline business opportunities which may mean a move out of Brooklyn Center. He felt a lot of business people would reconsider whether they want to invest a lot of money into a business in Brooklyn Center if i h yn t as this type of restriction. Councilmember Pedlar indicated no one wants to see Brookdale Chrysler Plymouth move out of Brooklyn Center because it has been a long standing well respected corporate citizen in Brooklyn Center. He realized this was a significant issue and indicated he would take all of these comments into consideration. 2/24/92 -12- i I Mayor Paulson inquired if there was anyone present who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Pedlar and seconded by Councilmember Roscue to close the public hearing at 8:34 p.m. The motion passed unanimously. In response to Mr. Saliterman's question if "midnight" was arbitrarily picked, Councilmember Rosene explained the Council originally considered 11 p.m. but felt it may be too restrictive. Councilmember Rosene pointed out it would have been advantageous if this issue could have been covered by cable casting sooner so residents could have provided input on this ordinance. He explained the Council tries to keep a balance between residents and business and responds when residents raise concerns by taking steps to cure those problems. Councilmember Cohen indicated this ordinance was brought forward as an outgrowth of the PDQ application when residents expressed concerns about a 24 hour operation. He added he does not want to restrict business development in Brooklyn Center. Councilmember Cohen suggested this matter be tabled to allow the Council and City Attorney time to digest information and legal arguments presented tonight. Councilmember Pedlar concurred and pointed out there were legal issues as well as moral issues involved. He supported having the Chamber of Commerce EDC review this issue and provide a recommendation. There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene to table further consideration of an amendment to Chapter 35 of the city ordinances to provide the opportunity for input and further recommendation from the Chamber of Commerce EDC, staff, City Attorney and the public. The City Manager suggested the Chamber of Commerce serve as a liaison to arrange meetings and coordinate bringing people together. Staff could also work with the Chamber of Commerce to keep the Council informed. The City Manager estimated it may take 60 days for this research. Mayor Paulson expressed concern this matter not be tabled and delayed so it was acted on when people were not present to provide input. He pointed out the City received public input and the Chamber of Commerce EDC did review the amendment and made a recommendation for further study on how it all fits together. Mayor Paulson indicated he does not agree with the legal opinion expressed by Mr. Saliterman that the amendment would result in a taking of land. He supported comments the City needed to consider a comprehensive change with the ordinance and planning and preferred that approach. Mayor Paulson indicated he would like to see the Brooklyn Boulevard RFP increased to include a city -wide proposal so it was addressed as an overall plan and not piecemeal. He hoped the motion on the floor would become that process. 2/24/92 -13- CORRECTION Councilmember Scott supported the motion to table and commented the proposed amendment has woke the business community up that they have an interest in Brooklyn Center too. She pointed out the Chamber of Commerce's EDC had not been very active over the past few years and the Council only sees representatives from the Chamber of Commerce at meetings when an issue they disagree with was being considered. Councilmember Scott stated she would like to see the Council work with the Chamber of Commerce and business community as they had in the past to avoid this type of situation. Mayor Paulson indicated Dale Greenwald had become president of the Chamber of Commerce over the past year and was doing a great job with increasing their involvement in many areas including events and programs. He encouraged everyone to provide input and correspondence for Council's consideration. Councilmember Cohen agreed the matter should be tabled until it was brought back with due public notice. He added the business community in Brooklyn Center must not be too bad since this was the first time they had been present to discuss the issue. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:52 p.m. and reconvened at 9:05 p.m. AGENDA CHANGE Council agreed with Mayor Paulson's suggestion to next consider agenda item 12 in E consideration of people in attendance. HOCKEY BOOSTER FUNDING REQUEST The City Manager indicated a request was received by the Brooklyn Center Hockey Boosters as part of the 1992 Budget process. In the past the Council had expressed concern over establishing a precedent by considering a funding request so the overall policy question was referred to the Park & Recreation Commission to develop a policy for Council's consideration. During discussions regarding this matter, the Council had indicated they might consider a 'one- time" funding of equipment to keep the program viable. Councilmember Pedlar reported the Park & Recreation Commission recommended the City contribute $10,000 towards the hockey program. This recommendation was discussed considerably by the Council with Councilmember Cohen indicating a one -time contribution was not appropriate and perhaps the Council should consider something long -term with development of the program. Councilmember Pedlar indicated he had requested this item be placed on the agenda tonight because he received a call from representatives of the Hockey Association indicating they were in financial straights at this time. 2/24/92 -14- CORRECTION i Wayne Finley, representing the Hockey Association, reported even with four fund raisers, their 1991 -1992 season ended with an $1,800 deficit. The Association would need to have more fund raisers or else pass the cost on to the players. The City Manager indicated it was a matter of Council policy to decide how much money to allocate. The Park & Recreation Commission was reviewing the same type of policy that the Human Rights & Resources Committee uses. The City Manager predicted the City would probably receive more than one request and needed to be consistent in their action. In response to Mayor Paulson's question, Mr. Finley responded the Hockey Association has needs throughout the year because of spring leagues, repairs to equipment, new equipment needs, etc. Councilmember Cohen stated he had no problem in dealing with this request, but would like a written legal opinion on the City's limitations with making a contribution of this type. Another issue was the budget allocates only so much money for assisting programs and a policy needed to be developed since other groups would be making funding requests. The City Manager indicated there were many examples of other communities with similar budget structures making contributions so if the Council decides to adopt a similar policy, staff could work out the details. Mayor Paulson stated he would like to review policies from other communities. Councilmember Scott suggested needs be prioritized and the Council consider purchase of equipment that could be kept within the program and passed down to younger players until it wears out. Councilmember Rosene indicated support of making a contribution if he personally had $1,500 to spare. However, he was concerned about the precedence that would be set with other organizations making requests. He questioned the average cost to take part in the Hockey Association. Mr. Finley reviewed the costs for participation with different ages and indicated players also participate in fund raisers. Mr. Finley explained the Association does help out families if they were not financially able to handle the cost by keeping costs down or providing equipment that the family could lease for a nominal fee. He expressed frustration sometimes it seemed to be a "losing battle" but they were working hard to keep afloat. Another consideration was the Champlin Park High School would also have a hockey program. Councilmember Rosene asked if the Association was contemplating any more fund raisers. He encouraged them to "advertise" this type of information at this time so it could be cable cast and anyone interested in participating or contributing could contact the Hockey 2/24/92 -15- Association. Mr. Finley indicated many have already made donations or contributions. Others who were interested could contact the City Park & Recreation Department who would refer them to the Hockey Association. In response to Councilmember Cohen's question, Mr. Finley indicated the School District does not contribute towards their budget. He then reviewed the state hockey tournament they were competing in and indicated Brooklyn Center was the only community out of the 18 in their section that does not own a rink. Mayor Paulson questioned the average private contribution. Mr. Finley responded most contributions range from $25 to $150. They also received $1,000 which was provided in the form of a credit towards merchandise. Also, the Lions contributed $800. Mr. Finley reviewed the Booster Book which they sell advertisements in and printed in January. Councilmember Rosene asked if the Hockey Association had a network of alumni who were interested in supporting the program to keep it going. Mr. Finley explained they do not since several different School Districts were involved, and the alumni were difficult to keep track of. Mayor Paulson indicated he would like to do something for the Hockey Association in this time of need to see if the City could find money in the budget to contribute $1,200 to purchase advertising space in the Booster Book. He pointed out this would provide a needed contribution and also derive advertisement. Mayor Paulson suggested this be considered with the indication the Council would not consider any more funding until a policy was established. Councilmember Pedlar expressed support of youth programs but felt other programs would come before the Council for contributions if one was approved for the Hockey Association. Councilmember Pedlar indicated he supports the contribution by purchasing advertising in next years book at this time because the community was attracting more young people. He also supported Mayor Paulson's suggestion for a moratorium until a policy was established. There was a motion by Councilmember Pedlar and seconded by Mayor Paulson to contribute up to $1,200 towards the Hockey Association through the purchase of advertisement in next years book or other procedure worked out by City staff and the Association. Councilmember Cohen stated while he would like to see a contribution, he wants to follow the correct procedure so it was not done in a piecemeal manner. He suggested this request be tabled so it could be referred to the Financial Task Force for their recommendation and establishment of a policy. 2/24/92 -16- CORRECTION Mayor Paulson felt it was important to create a climate where people wanted to participate in the process and felt it was possible to accomplish something. He felt a contribution at this time would provide seed money so people think it is possible. Councilmember Cohen questioned the reason why the School District does not contribute towards this program. He agreed a $1,500 contribution will not greatly impact the City's budget, but it would establish a precedence. Mayor Paulson suggested the Council's action include a freeze until a policy was established. Councilmember Pedlar agreed with Councilmember Cohen. He indicated he would be willing to rescind his motion so this matter could be tabled until the next meeting to allow time to develop a policy. Councilmember Cohen thanked Councilmember Pedlar for this consideration. He added he does not want to make things difficult for the Hockey Association but would like to see the legal citation as well as have the Financial Task Force look at putting a certain amount of money into a fund to address this type of request. Councilmember Pedlar rescinded his motion to approve a contribution. Mayor Paulson indicated he would not rescind his second to the motion. A substitute motion was made by Councilmember Cohen and seconded by Councilmember Rosene to table the Hockey Association funding request until the next Council meeting for the purpose of obtaining a written legal citation on how to provide contributions to organizations such as this and to refer the matter to the Financial Task Force for their view on implication of setting a budgeted amount in the $5,000 to $10,000 range to cover requests of this type with the understanding the Hockey Association request was for $1,200. The motion passed unanimously. Noah Bridges pointed out there were many programs within Brooklyn Center that have facilities which were supported by tax dollars. However, the Hockey Program had no facilities and the Association was attempting, through fund raisers and donations, to respond to those children and create access for them to participate. He pointed out the Hockey Association accepts all children within Brooklyn Center's borders who want to play. Mr. Bridges encouraged the Council to consider the Hockey Association's request. In response to Councilmember Cohen's question, Mr. Bridges indicated this would probably be an on- going request. 2/24/92 -17- ORDINANCES (CONTINUED) AN ORDINANCE ADDING CHAPTER 20 REGARDING TREES TO THE CITY RDI O NANCES The City Manager presented an Ordinance Adding Chapter 20 Regarding Trees to the City Ordinances. He indicated this is the first step in qualifying to obtain grant money. The Director of Public Works provided a review of items included in the proposed ordinance. He noted the ordinance provides for annual adoption of a resolution specifying approved species of boulevard trees by the Council to promote diversity. The ordinance would require tree contractors to register with the City and provide proof of insurance rather than establishing a licensing procedure. A second resolution is proposed for the purpose of setting registration fees for tree contractors. This registration would be handled by the Engineering Department with a January 1st renewal. This ordinance was offered for first reading on January 27, 1992, published in the City's official newspaper on February 5, 1992, and is offered now for second reading and public hearing. Mayor Paulson opened the meeting for the purpose of a public hearing on an Ordinance Adding Chapter 20 Regarding Trees to the City Ordinances at 9:54 p.m. He inquired if there was anyone present who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to close the public hearing at 9:54 p.m. The motion passed unanimously. ORDINANCE NO. 92 -04 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE ADDING CHAPTER 20 REGARDING TREES TO THE CITY ORDINANCES. The motion for the adoption of the foregoing ordinance was duly seconded by member Dave Rosene. The motion passed unanimously. Councilmember Rosene suggested the list of boulevard trees be telecast via cable tv to inform residents of the types included. In the future, he hoped to advertise this type of topic prior to second reading to encourage resident's input. 2/24/92 -18- RESOLUTION NO. 92 -34 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ADOPTING ANNUAL LIST OF ALLOWABLE BOULEVARD TREES The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION ESTABLISHING FEE FOR REGISTRATION OF TREE CONTRACTORS Councilmember Cohen asked if the proposed $25 registration fee was adequate to cover administrative costs. The Director of Public Works indicated it was. RESOLUTION NO. 92 -35 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING FEE FOR REGISTRATION OF TREE CONTRACTORS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. DISCUSSION ITEMS CABLE CASTING OF COUNCIL MEETINGS The City Manager indicated staff had been working with representatives of Collins Electric Company to develop a proposal for improving the council chambers lighting for cable casting meetings. He suggested staff be allowed to obtain a second quote based on this proposal and poll the Council prior to the March 9th meeting to obtain approval and move forward with lighting improvements. In response to Councilmember Rosene's question, the Director of Public Works explained two quotes were the minimum required. He added staff met with cable tv representatives to review the draft proposal and discuss possible options. These representatives would be providing recommendations on the minimum system required in order to achieve the lighting level needed for cable casting. Mayor Paulson asked if the proposal indicates the minimum lighting requirements. The Director of Public Works responded it does. The proposal was also based on lighting that would not detract from the room and would reduce the level glare from what was currently being used. He estimated the cost to be $5,000. 2/24/92 -19- I Mayor Paulson indicated he felt comfortable supporting staff's recommendation as long as a minimal system was being considered since the Council had yet to address cable capabilities desired which may require a different type of lighting. He asked if this matter should be delayed until cable capability options was addressed. Councilmember Scott indicated she would greatly appreciate moving forward with an alternate that would reduce the glare level and eye strain. The City Manager pointed out the Council could decide if they want to move forward once the costs were known. If any objections were received, the matter would be placed on the agenda for further discussion. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to proceed with staff's recommendation as discussed to obtain two quotes for a minimal council chambers lighting system for cable casting meetings with the understanding the Council would be polled for their approval, and if any objections were expressed the matter would be placed on the March 9 1992 Council agenda. The motion passed unanimously. g p COMMUNICATIONS TASK FORCE UPDATE . The City Manager explained the Communications Task Force was requesting Council input and direction regarding the job description for a communications coordinator. Mayor Paulson reported he spoke with the Chamber of Commerce Executive Director who was very enthusiastic about the possibility of getting someone to work with them to promote community events and other projects which would be included in this job description. He felt this would place Brooklyn Center on par with other communities in being able to promote projects and attract residents to get involved and meet objectives set out by the Communications Task Force. Mayor Paulson pointed out the communications coordinator should be involved with more than issuing press releases. He complimented the Task Force for their excellent job in looking at this position. Mayor Paulson stated he supports staff's comment about requesting input from the Financial Task Force and suggested they be informed the Council addressed funding for this position in their budget discussions last fall. He added the Financial Task Force should consider this position when discussing the priority process. Councilmember Cohen pointed out the position description indicates the communications coordinator would act asstaff liaison to designated citizen and business groups and advisory boards. He asked if this would be only for those groups where a liaison has not already been assigned. Mayor Paulson agreed the communications coordinator would not replace a liaison that has already been designated. Councilmember Cohen indicated he felt this position would provide an excellent opportunity to promote the Heritage Center. He also felt it would maximize the dollars being spent to 2/24/92 -20- advertise not only the different facilities, but the community as a whole. Mayor Paulson agreed the position could help with marketing Brooklyn Center through the Heritage Center. Councilmember Cohen questioned the creation of this position in light of the 10% budget cuts. The City Manager indicated staff would be reviewing this matter with the Financial Task Force at their meeting this Thursday (February 27, 1992). He felt the budget cuts would probably result in some personnel cuts. Councilmember Pedlar commented conceptually he liked what he was hearing about advertising the community, but as liaison to the Financial Task Force he wanted to look at what would be cut from the budget first. The Personnel Coordinator explained the Communications Task Force would like to do some "fine tuning" with the job description but first wanted to get Council input on whether this was going in the right direction. Mayor Paulson suggested the position be approved contingent on approval from the Communications Task Force and the Financial Task Force. Councilmember Cohen questioned procedure if this position was approved. The City Manager responded approval of the position would result in the need to amend the budget. He added it may take 30 days or more if the Council wants to consider other priority cuts. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to approve the position description for a communications coordinator in concept and refer it to the Communications Task Force for approval and the Financial Task Force for incorporation in their prioritization process, their review and recommendation. The motion passed unanimously. LEGISLATIVE UPDATE The City Manager reported staff had been informed there may be a possible State revenue shortfall as high as $600 million. Currently, staff was unsure of the actual figure or impact this would have on municipal state aids. The City Manager indicated staff, Mayor Paulson and Councilmember Cohen met with Representative Carruthers and Senator Luther regarding the legislative interests of the City. These discussions covered the Orfield Bill relating to the control of urban sprawl, transit concerns and issues, housing legislation and the City's prioritization process. Staff had made a brief presentation on the prioritization process and potential damage to municipal services by severe cuts in state aid. Senator Luther and Representative Carruthers expressed interest in a cooperative effort between Brooklyn Center and Brooklyn Park on possible legislation which would address apartment building deterioration. With regard to the information presented on a business retention program, Senator Luther had suggested the City work with state agencies to seek funding. 2/24/92 -21- Mayor Paulson expressed support of innovative property use in gateway areas to Brooklyn Center such as Highway 252. The City Manager indicated staff would be meeting later this week with the Brooklyn Park housing staff to consider different options. Council would be provided with a report on this meeting. Councilmember Cohen reported he had been assigned to look into the bills with the North Metro Mayors Association. He provided an update and urged Council's support of the Metropolitan Housing Revitalization Fund which would create a mortgage registry surcharge that would yield $5 million. Councilmember Cohen then briefed the Council regarding House Files 2003 Income Tax Limit Deduction for Qualified Residency Interest, 2004 Neighborhood Land Trust Program, and 2005 Housing Assistance Account - Housing Revitalization. He suggested the Council go on record as approving these bills in concept. Mayor Paulson indicated this was an example of Councilmember Cohen's leadership with this issue on a metropolitan -wide scale. He pointed out Brooklyn Center would benefit from these bills and he would support them. RESOLUTION NO. 92 -36 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING SUPPORT OF HOUSE FILES 2003, 2004 AND 2005 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. BROOKLYN BOULEVARD STUDY (DRAFT RFP) The City Manager presented the draft RFP for the Brooklyn Boulevard Study. He reviewed i the scope of the study and indicated it covers issues previously raised by the Council. Mayor Paulson questioned the phrase "early attention should be given to issues related to a specific development proposal for the northwest corner of 69th Avenue North and Brooklyn Boulevard ". The City Manager explained this term could be more specific after RFPs were received. He suggestion it could range from 20 days to 30 days of the study. Mayor Paulson indicated he was aware of someone who was anxious to make renovations at the corner of 69th Avenue and Brooklyn Boulevard, and he was concerned this study may delay the project. Councilmember Cohen concurred and suggested it indicate "top priority" rather than "early attention" so it is addressed first. Councilmember Cohen listed several other areas which need to be considered such as Northbrook, T. H. 252 and 66th Avenue North, 50th and France Avenue. He suggested, as a way to maximize opportunity, the Council look at all corners and support progressive 2/24/92 -22- redevelopment. He also suggested the City take the initiative and approach Legislators about redevelopment funding. Mayor Paulson concurred and indicated he felt this was an opportunity to expand the study to encompass other areas that need this same kind of attention and would also address the transition taking place from development to redevelopment. In response to Councilmember Cohen's question, the City Manager indicated staff involvement was needed to provide information and review issues even if a consultant was hired to do the work. He envisioned the Council should prioritize the sites and recognize staff time would be needed. The City Manager suggested the Council review the Year 2000 Study which addresses some of these issues and also indicates Brooklyn enter was trending $ from development towards redevelopment. Councilmember Cohen indicated he felt this would also help implement the Maxfield Study. He asked if the Council needs to consider staffing changes. The City Manager agreed there may be a shifting in emphasis towards redevelopment so the City may need to focus operations to accommodate that new direction. Councilmember Cohen suggested a time frame be established of when the Brooklyn Boulevard Stud would Study ou d be completed so Council could determine what time P eriod the work could be accomplished in. The City Manager indicated staff would have a better idea of the time frame after discussing the RFP with consultants. It was noted a public input process was included in the Study. Mayor Paulson expressed interest with the possibility of restructuring towards redevelopment which he felt was a very resourceful way to approach the future. Councilmember Cohen pointed out the Comprehensive Plan Amendments would have to be referred to the Met Council. He suggested a chronological outline be prepared of what needs to be done. Councilmember Cohen also suggested the Council go on record as feeling there may be a need to expand the RFP following Council's review of the Comprehensive Plan. The City Manager indicated he would provide the Council with a listing of these areas for their consideration at the next meeting. Mayor Paulson expressed support of the Council's consideration regarding the character of the buildings brought into Brooklyn Center. He reported on an article describing the trend towards a "small town" character of buildings, such as seen with the Heritage Center, and indicated he would supply the Council with copies of it. Mayor Paulson suggested the Study include long -range planning of developing the type of character the City wants to see. The City Manager indicated this could be done by requiring architectural review. 2/24/92 -23- Councilmember Cohen suggested the Council work to achieve financial tools so they were able to put some dollars towards achieving desired building character or special treatment. Mayor Paulson reviewed the TIF aspect. In response to Councilmember Pedlar's question, the Director of Planning and Inspection indicated the development plan for the northwest corner of 69th and Brooklyn Boulevard had been tabled by the Planning Commission since it was part of this study. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to direct staff to prepare a list of other areas which should be considered and to include the following items in the RFP for the Brooklyn Boulevard Redevelopment Study: placing a "high priority" on the 69th Avenue and Brooklyn Boulevard area, consideration of building character through architectural review, inclusion of other areas such as Northbrook, T. H. 252 and 66th Avenue North, 50th and France Avenues and review of the Comprehensive Plan. The motion passed unanimously. RESOLUTIONS (CONTINUED) RESOLUTION AUTHORIZING AN APPROPRIATION FROM THE CAPITAL IMPROVEMENTS FUND FOR THE CITY'S SHARE OF THE COST OF THE EVERGREEN PARK SCHOOL PLAYGROUND PROJECT The City Manager presented a Resolution Authorizing an Appropriation from the Capital Improvements Fund for the City's Share of the Cost of the Evergreen Park School Playground Project. He explained this resolution would commit $15,000 to a project to construct a new playground at Evergreen Park School. Mayor Paulson expressed his support of this project which was accomplished through the cooperation of many people and funding from several sources. RESOLUTION NO. 92 -37 Member David Rosene introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING AN APPROPRIATION FROM THE CAPITAL IMPROVEMENTS FUND FOR THE CITY'S SHARE OF THE COST OF THE EVERGREEN PARK SCHOOL PLAYGROUND PROJECT The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION SUPPORTING A CULTURAL DIVERSITY TRAINING PROGRAM The City Manager presented a Resolution Supporting a Cultural Diversity Training Program. He indicated this four phase program was initiated by the City of Brooklyn Park who contributed $5,000 as "seed money ". The total cost of the four phases for all five cities was 2/24/92 -24- approximately $40,000. Grant applications have been submitted by the Government Training Services and INTER -RACE to several foundations to cover the remainder of the project I costs. Staff recommends approval of the proposed resolution. I RESOLUTION NO. 92 -38 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING A CULTURAL DIVERSITY TRAINING PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, 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 11:13 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Carla Wirth Northern Counties Secretarial Service 2/24/92 -25-