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HomeMy WebLinkAbout1989 10-09 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 9, 1989 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor-Dean Nyquist at 7:01 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Celia Scott, Todd Paulson, 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, City Assessor Mark Parish, and Administrative Aide Patti Page. Mayor Nyquist noted Councilmember Pedlar would be absent from this evening's meeting. INVOCATION The invocation was offered by Jim McCloskey. OPEN FORUM Mayor Nyquist noted the Council had not received any 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. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. No requests were made. APPROVAL OF MINUTES - SEPTEMBER 21 1989 SPECIAL SESSION There was a motion by Councilmember Scott and seconded by Councilmember Paulson to approve the minutes of the September 21, 1989, City Council meeting. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 89 -191 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF LARRY PROPST The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO 89 -192 10/9/89 -1- Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF SCOTT BURNES The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 89 -193 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF ONE (1) AIR BOTTLE SYSTEM FOR THE FIRE DEPARTMENT The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO 89 -194 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION REQUESTING THE HENNEPIN COUNTY DEPARTMENT OF TRANSPORTATION TO DEVELOP PLANS FOR SAFETY IMPROVEMENTS TO COUNTY STATE AID HIGHWAY N0. 152 (BROOKLYN BOULEVARD) BETWEEN 49TH AVENUE NORTH AND TRUNK HIGHWAY 100 The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION N0. 89 -195 Member Celia Scott introduced the following resolution and moved its adoption: I RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE- TREES (ORDER NO. DST 10/09/89) The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Paulson to approve the following list of licenses: COMMERCIAL KENNEL Children's Palace 5900 Shingle Creek Pkwy. FOOD ESTABLISHMENT Metropolitan Yogurt, Inc. d /b /a TCBY Yogurt 6034 Shingle Creek Pkwy. ITINERANT FOOD ESTABLISHMENT Brooklyn Harmonettes 6301 Shingle Creek Pkwy. St. Alphonsus Catholic Church 7025 Halifax Ave. N. MECHANICAL SYSTEMS 10/9/89 -2- Equipment Supply Inc. 593 N. Fairview Ave. Key Metalcraft 8201 Pleasant Ave. S. TAXICAB Suburban Taxi Corporation 9614 Humboldt Ave. S. The motion passed unanimously. PRESENTATION - NEW PROPERTY TAX LEGISLATION The City Manager introduced Gene Ranieri of Publicorp, Inc. Mr. Ranieri went on to review the changes which were made in the special session for property tax legislation. He noted there have been significant changes to the law, and at this time it is difficult to assess what those changes are. He went on to review the summary of the special property tax legislation which was prepared by Publicorp, Inc. The EDA Coordinator entered the meeting at 7:25 p.m. APPROVAL OF MINUTES - SEPTEMBER 25 1989 REGULAR SESSION There was a motion by Councilmember Cohen and seconded by Councilmember Paulson to approve the minutes of the September 25, 1989, City Council meeting. The motion passed. Councilmember Scott abstained from the vote as she was not present at this meeting. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Accepting and Approving Proposal to Provide Traffic Engineering Services Relating to Proposed 1990 Improvement Projects. He noted staff is recommending employment of Short- Elliott- Hendrickson, Inc. to provide traffic engineering analysis and preliminary design services as necessary to allow development of a plan for the improvement of the Freeway Boulevard /65th Avenue /66th Avenue corridor between Shingle Creek Parkway and T.H. 252. RESOLUTION NO 89 -196 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING AND APPROVING PROPOSAL TO PROVIDE TRAFFIC ENGINEERING SERVICES RELATING TO PROPOSED 1990 IMPROVEMENT PROJECTS The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. The City Manager presented a Resolution Requesting Transfer of Title for One Parcel of Tax - Forfeited Land on Appraisal List 705 -NC to the City of Brooklyn Center. He noted this is approximately eight acres of land adjacent to Kylawn Park and Moorewood Townhomes which has become available to the City. The Director of Public Works went on to review a transparency which showed the location of the property. Mayor Nyquist inquired why this property became tax - delinquent. The Director of Public Works stated there are poor soil conditions in this area, and it lies within the flood plain. He noted while it would not be a good use for town homes, it would work quite well for park uses. 10/9/89 -3- RESOLUTION NO. 89 -197 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION REQUESTING TRANSFER OF TITLE FOR ONE PARCEL OF TAX - FORFEITED LAND ON APPRAISAL LIST 705 -NC TO THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Denying the Rental Dwelling License for 5500 Bryant Avenue North. The Mayor noted a public hearing was held on September 25, 1989, to review this item, at which time the applicant did not appear before the Council. He inquired if there was anyone present this evening who wished to address this issue. Mayor Nyquist recognized Wendy Aaserud, 5507 Bryant Avenue North. Ms. Aaserud stated she lives directly across from the property and was not aware of the public hearing held on September 25, 1989. She stated she read about the action in the Brooklyn Center PostNews and strongly supports any action the City takes. She explained exterior maintenance of the building and grounds have been a problem for a long time, and she is ashamed of the way the neighborhood looks because of this property. She inquired if the Council denies the rental dwelling license, how long will the building be left in this condition. The City Manager explained in the past when this action has been taken, the net result has been either the owner repairs and maintains the building or the building and property go down hill a little further until the owner can sell it and a new owner takes over and maintains the property better. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to approve the resolution with an amendment which would reflect the appearance of a neighbor at this evening's meeting. i RESOLUTION NO. 89 -198 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DENYING THE RENTAL DWELLING LICENSE FOR 5500 BRYANT AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. ORDINANCE AN ORDINANCE AMENDING CHAPTER 11 OF THE BROOKLYN CENTER ORDINANCES REGARDING LI UOR The City Manager noted this item was offered for a first reading on September 11, 1989, published in the City's official newspaper on September 20, 1989, and is offered this evening for a second reading. He explained an additional amendment was considered for a first reading at the September 25, 1989, meeting, and staff is recommending this evening's public hearing be opened and continued to the October 23, 1989, meeting so the two amendments can be considered at the same time. 10/9/89 -4- Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 11 of the Brooklyn Center Ordinances Regarding Liquor. He inquired if there was anyone present who wished to speak. No one appeared to speak. There was a motion by Councilmember Paulson and seconded by Councilmember Scott to continue the public hearing on An Ordinance Amending Chapter 11 of the Brooklyn Center Ordinances Regarding Liquor to October 23, 1989. The motion passed unanimously. CONSIDERATION OF RENTAL DWELLING LICENSE FOR 6525 27 29 WILLOW LANE The City Manager noted a public hearing has been scheduled this evening for consideration of a rental dwelling license at 6525, 27, 29 Willow Lane. The Director of Planning and Inspection went on to review the report submitted for this evening's meeting which details the past actions taken with regard to this rental dwelling license. He noted on October 10, 1988, staff recommended approval of the license renewal upon the condition the property be reinspected within one year, and a report be given to the City Council on the status of the ro ert P He explained P fined the y• t Council accepted the recommendation and reinstated the license at this time. He then went on to review what has been taken care of since the reinstatement of Mr. Ketroser's license and noted there has not been a marked improvement within the past year. He stated he could not recommend approval of the license but strongly recommends revoking this rental dwelling license. Mayor Nyquist opened the meeting for the purpose of a public hearing on consideration of a rental dwelling license for 6525, 27, 29 Willow Lane. He inquired if there was anyone present who wished to address the Council. Mayor Nyquist recognized Irwin Ketroser, owner of the property and applicant for the rental dwelling license. Mr. Ketroser stated he would personally like to see this matter resolved. He stated he has met with, and spoken with, the inspector's office quite often, and he feels he has taken care of more of the ro blems i P n the complex than what is being represented this evening. He stated in the past he has had problems with the caretakers, but he now has a new caretaker and he feels this person will be able to follow through and get the problems taken care of. He noted many of the problems which the Planning Department has listed are brought on by the tenants themselves and their misuse. He noted he felt it would be unfair for the Council to revoke the license this evening, and he felt the Council should allow him a reasonable period of time in which to complete the improvements. Mayor Nyquist stated he is concerned that it takes a meeting of this nature to get results from the owner. Mr. Ketroser stated he and the caretakers have been very busy all summer, and some of these projects P cannot be completed om leted i P n a short period of time. Councilmember Cohen asked Mr. Ketroser to review the process he uses for ros ective tenant p p s. Mr. Ketroser went on to review the process which he and the caretaker uses on prospective tenants. Mayor Nyquist recognized Vicki Snyder, 6408 Willow Lane. Ms. Snyder stated she is concerned with the exterior appearance and maintenance of the complex and also the lack of supervision of children living in the buildings. She noted these children are running out into the street in front of cars. 10/9/89 -5- Mayor Nyquist then recognized Gerald Heck, 6506 Willow Lane. Mr. Heck stated he feels the staff report is accurate and noted he is concerned with the flurry of activity so late in the year. He inquired why this activity did not occur earlier in the summer. He noted his other concerns are the care of the lawn and the screening process which Mr. Ketroser uses for prospective tenants. Mayor Nyquist then recognized Margaret Dahlen, 6518 Willow Lane. Ms. Dahlen stated she believes there has been more deterioration of the buildings in the past year rather than improvement. She noted there has been a flurry of activity in the last month and noted she too is concerned with all the trash around the grounds and also with the children's safety because there is nothing for them to play on and, therefore, they play in the street. Mayor Nyquist recognized Rod Snyder, 6408 Willow Lane. Mr. Snyder stated the residents on the east side of Willow Lane work hard towards improving the area and making their property look nice, but the apartment owner does not appear to care what the building or yard looks like. Mayor Nyquist then recognized Tom Aust, 6500 Willow Lane. He stated he has noticed a deterioration in the property over the past ten years. He stated he has been trying to sell his home for three years, and several realtors have pointed out the appearance of the apartment buildings discourages many prospective buyers. Mayor Nyquist recognized Alvin Flynn, 6512 Willow Lane. Mr. Flynn stated ten to twelve years ago this was a very well maintained apartment complex, but it has steadily gone downhill. He stated he believes if the Council renews this rental license, the owner will go back to his old ways and allow further deterioration. He stated if there are ordinances in place to address maintenance issues, then the ordinances should be enforced. He added he too has been trying to sell his home since July, but the apartment complex is such an eye sore it is discouraging prospective buyers. Mayor Nyquist recognized Andra Blanc, 6354 Willow Lane. Mr. Blanc stated he agrees with the Director of Planning and Inspection's assessment of this property and.added he feels these apartments are a disgrace to the neighborhood. Mr. Blanc stated he feels empathy for what the owner is going through because it is difficult to maintain a building when you have residents who abuse the property, but he feels because of the location near the river, it could be a prime piece of real estate if it were well maintained. Mayor Nyquist recognized Philip Dahlen, 6518 Willow Lane. Mr. Dahlen said the condition of the grounds surrounding the building is very poor, and he is concerned with children playing in the street as well as heading across his property toward the river. Mayor Nyquist recognized Irwin Ketroser. Mr. Ketroser stated he has listened very carefully to the neighbors, and he respects what they are saying. He stated he is not blaming others for the problems that exist at the apartment complex, and he accepts full responsibility for them. He stated, however, he does not understand what the neighborhood thinks will be accomplished if the license is revoked. He added he also does not know what the neighborhood thinks he can or should do regarding the children playing in the street. He noted their behavior is the responsibility of their parents, not his. He added he would be glad to keep in contact with the neighborhood regarding their concerns and his progress on the improvements. 10/9/89 -6- There was a motion by Councilmember Scott and seconded by Councilmember Cohen to close the public hearing on consideration of a rental dwelling license for 6525, 27, 29 Willow Lane. The motion passed unanimously. Councilmember Cohen stated it seems the recommendation of the Director of Planning and Inspection does dictate the need for some action to be taken this evening. He stated he feels some of these issues could be addressed by a better screening process of prospective tenants. He added he also feels the owners track record speaks for itself. There was a motion by Councilmember Cohen and seconded by Councilmember Scott directing staff to prepare a resolution denying the rental dwelling license for 6525, 27, 29 Willow Lane. Councilmember Cohen stated he would like staff to prepare a list of the items which need correction and an approximate dollar figure for this correction. He inquired if it would be possible to require the property owner to post a bond for the improvements, or is it possible for the court system to order the improvements. The City Attorney stated he would have to review the ordinance more thoroughly, but he believes these violations are considered a misdemeanor under the ordinance and could be taken care of through the court system. Councilmember Scott stated she sympathizes with the new caretakers because they have walked into a total mess. However, she stated she does not sympathize with Mr. Ketroser because he knew the improvements were needed, and he should not have been relying on a second party but should have personally been watching over these improvements. Councilmember Paulson stated he was thankful for the neighborhood's support this evening and noted it helps him to get abetter feel for what the citizens want. The City Manager stated the development of estimates will take a little extra time but noted he felt a resolution could be prepared for the November 13, 1989, City Council meeting. He stated he would also have staff look into the issue of the owner posting a bond for the improvements. Upon vote being taken on the foregoing motion, the motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 9:10 p.m. and reconvened at 9:26 p.m. CONTINUATION OF BUDGET HEARING The City Manager stated due to the changes made in the legislature, he would recommend closing the public hearing this evening. He noted it would be necessary to hold another public hearing in early December, and staff would i notify the Council of the proposed date in the near future. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to close the public hearing on the 1990 annual City udget unanimously. y g The motion passed 10/9/89 _7_ OTHER BUSINESS The City Manager presented a Resolution Establishing Improvement Project No. 1989 -29 for Cleanout of Unity Avenue Culvert and Authorizing City Manager to Execute Contract for Said Improvement. The Director of Public Works briefly reviewed the proposed agreement and minor changes which needed to be made to the agreement. RESOLUTION NO. 89 -199 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1989 -29 FOR CLEANOUT OF UNITY AVENUE CULVERT AND AUTHORIZING CITY MANAGER TO EXECUTE CONTRACT FOR SAID IMPROVEMENT The motion for the adoption of the foregoing proclamation was duly seconded by member Philip Cohen, and the motion passed unanimously. PROCLAMATION Member Philip Cohen introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING OCTOBER 15 -21, 1989, AS NATIONAL BUSINESS WOMEN'S WEEK The motion for the adoption of the foregoing proclamation was duly seconded by member Todd Paulson, and the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Cohen and seconded by Councilmember Scott to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:35 p.m. City Clerk rMay 10/9/89 _8_