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Home My WebLink About1996 08-26 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 AUGUST 26, 1996 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kristen Mann, and Charles F. Nichols, Sr. Also present were City Manager Michael J. McCauley, Director of Public Services Diane Spector, Community Development Specialist Tom Bublitz, Building Official Clay Larson, and Council Secretary Connie Beckman. MOMENT OF SILENCE A moment of silence was observed. COUNCIL REPORT Councilmember Carmody announced that just prior to this evening's Council meeting, Council members and City staff attended a pre - demolition gathering at the Brookdale Motel. The Brookdale Motel is scheduled to be razed tomorrow morning. Mayor Kragness announced that Brooklyn Center won in the Friendship Games held last weekend between Brooklyn Park and Brooklyn Center. She expressed appreciation to those who participated. APPROVAL OF AGENDA AND CONSENT AGENDA The City Manager requested Item 7d be removed from the agenda and replaced with "Setting Date /Time for Canvassing the September 10, 1996, Primary Election." A motion by Councilmember Mann and seconded by Councilmember Carmody to remove Item 7(d) "Resolution Reprogramming 1996 Urban Hennepin County Community Development Block Grant Funds From Scattered Site Redevelopment Project to 53rd Avenue Redevelopment Project" and add "Setting Date /Time for Canvassing the September 10, 1996, Primary Election" in its place passed unanimously. A motion by Councilmember Carmody and seconded by Councilmember Mann to approve the August 26, 1996, agenda and consent agenda as amended passed unanimously. 08/26/96 - 1 - APPROVAL OF MINUTES A motion by Councilmember Carmody and seconded by Councilmember Mann to approve minutes of the August 12, 1996- Regular Session as printed passed unanimously. AN ORDINANCE AMENDING CHAPTER 25 OF THE CITY ORDINANCES RELATING TO CLOSURE OF STREETS FOR BLOCK PARTIES: ADDING NEW SECTIONS 25 -901 THROUGH 25 -908 A motion by Councilmember Carmody and seconded by Councilmember Mann to approve the first reading of An Ordinance Amending Chapter 25 of the City Ordinances Relating to Closure of Streets for Block Parties; Adding New Sections 25 -901 through 25 -908 passed unanimously. REQUESTS FOR PROPOSALS FOR BANKING & FINANCIAL SERVICES A motion by Councilmember Carmody and seconded by Councilmember Mann to approve the draft RFP for use in soliciting proposals from various financial institutions with facilities in Brooklyn Center for checking account services passed unanimously. AGREEMENT FOR SCHOOL LIAISON OFFICER BETWEEN CITY OF BROOKLYN CENTER AND INDEPENDENT SCHOOL DISTRICT #286 A motion by Councilmember Carmody and seconded by Councilmember Mann to approve the Agreement for School Liaison Officer between City of Brooklyn Center and Independent School District #286 passed unanimously. RESOLUTION NO. 96-156 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 08/26/96) The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION NO. 96-157 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AWARDING CONTRACT FOR IMPROVEMENT PROJECT NO. 1996 -08, SEWER RELINING, LOGAN, JAMES AND KNOX AVENUES UTILITY RECONSTRUCTION The motion for the adoption of the foregoing resolution was duly seconded by member Kristen an passed unanimously. Mann d ass P 08/26/96 -2- RESOLUTION NO. 96 -158 Member Kathleen Carmody introduced the following- resolution and moved its adoption: RESOLUTION ACCEPTING QUOTES AND AWARDING CONTRACTS, LIGHTING IMPROVEMENTS AT EVERGREEN AND KYLAWN PARKS The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION NO. 96-159 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING AN AMENDMENT TO A JOINT POWERS AGREEMENT RELATING TO CERTAIN 1987 MORTGAGE REVENUE BONDS TO PROVIDE FOR THE RECYCLING OF PROGRAM MONIES The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION NO. 96 -160 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING FINAL REPORT AND EXPRESSING APPRECIATION FOR THE MEMBERS OF THE BROOKLYN CENTER AD HOC COMMUNICATIONS TASK FORCE The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION NO 96 -161 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT - CROSS OF GLORY 2ND ADDITION The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. LICENSES A motion by Councilmember Carmody and seconded by Councilmember Mann to approve the following list of licenses passed unanimously: AMUSEMENT DEVICES-VENDOR Just Kiddie Rides 12 -2 Dubon Court 08/26/96 _ ; _ MECHANICAL CONTRACTORS Care Air Conditioning and Heating, Inc. 1211 Old Highway 8 Rouse Mechanical, Inc. P.O. Box 899, Minneapolis RENTAL DWELLINGS Initial: Donna Kabanuk 4207 Lakeside Ave. N. #123 Renewal: IMS of Fargo/Roger Anda Brookside Manor Apartments Dion Properties/Don McGillivray 5740 Dupont Ave. N. Gerard Moss/Brett Hildreth 5519 Lyndale Ave. N. Dwaine Nelson, Harriet Berg, and Donald Steile 620 53rd Ave. N. OPEN FORUM No requests were submitted and/or made to utilize the open forum session this evening. COUNCIL CONSIDERATION ITEMS RESOLUTION AMENDING CITY COUNCIL HANDBOOK REGARDING ORDER OF BUSINESS Councilmember Hilstrom stated this resolution would change the Invocation to Moment of Silence in the Council's Order of Business. Councilmember Mann indicated a moment of silence would provide residents with many more choices during this time according to their individual beliefs. Mayor Kragness expressed concern about not meeting with the Prayer Breakfast Committee prior to officially establishing the change at hand. Councilmembers clarified a meeting to discuss Y g g guidelines would have taken place had there been a decision to continue use of an invocation. Councilmember Hilstrom stated that she believes its an elected official's responsibility to display one's faith in a manner which is neutral in terms of denomination and political affiliation, and that discontinuance of an invocation is not abandonment of religion, but making it all inclusive. Councilmember Nichols concurred. RESOLUTION NO. 96 -162 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING CITY COUNCIL HANDBOOK REGARDING ORDER OF BUSINESS The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed as follows: Councilmembers Carmody, Hilstrom, Mann, and Nichols voted yes; Mayor Kragness voted no. 08/26/96 -4- RESOLUTION COMMENDING THE WINNERS OF THE 1996 CITYWIDE LANDSCAPE AND GARDEN CONTEST Mayor Kragness read the names of the winners. In the Flower Garden category, the following people were recognized: Anne Larsen, first prize; Dr. Marvin Trautwein, second prize; Elmer Peterson, third prize. In the Landscaping category, the following people were recognized: Susan Warner, first prize; Julie Loth, second prize; Wayne & Bobbie Weber, third prize. RESOLUTION NO 96 -163 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION COMMENDING THE WINNERS OF THE 1996 CITYWIDE LANDSCAPE AND GARDEN CONTEST The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1.440.000 GENERAL OBLIGATION IMPROVEMENT BONDS SERIES 1996A The City Manager stated that this item relates to improvements occurring this year in the Orchard Lane East Area (Woodbine area); reconstruction of 69th Avenue from Shingle Creek Parkway to Dupont Avenue; and Logan, James, and Knox Avenue area. These areas represent three different projects underway which require the sale of bonds to successfully finance their completion. The bond amount would be $1,440,000. Costs of the bonded amount are anticipated to be covered as follows: approximately $540,000 in special assessments; property taxes paying the remaining $900,000. Further safeguards have been allowed in the tax levy to compensate for interest rate increases or other unforseen developments. This would be the last year of anticipated use of this type of bonding. Councilmember Hilstrom indicated she would be voting in favor of the resolution at hand, because she is pleased to see the City moving in the direction of not selling bonds for street improvements. RESOLUTION NO. 96 -164 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,440,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1996A The motion for the adoption of the foregoing resolution was duly seconded by member Charles F. Nichols, Sr. and passed unanimously. 08/26/96 -5 SETTING DATE /TIME FOR CANVASSING THE SEPTEMBER 10 1996 PRIMARY ELECTION A motion by Councilmember Carmody and seconded by Councilmember Mann to conduct canvassing for the September 10, 1996, Primary Election on September 11, 1996, at 5 p.m., City Hall passed unanimously. SET DATES FOR COUNCIL WORK SESSION The City Manager stated the work sessions would be for Council Members to meet with those agencies submitting applications requesting funding for 1997 to answer questions raised by Council Members. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to set date for Council work sessions as follows passed unanimously: September 23, 1996, at 5:30 p.m., City Hall; September 30, 1996, at 5:30 p.m., City Hall. PROCLAMATION DECLARING THE WEEK OF SEPTEMBER 17 THROUGH 23 1996 AS CONSTITUTION WEEK A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to declare the week of September 17 through 23, 1996, as Constitution Week passed unanimously. RESOLUTION_ ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT The City Manager indicated approval of the resolution at hand would continue the City's eligibility to receive funding, grants, and assistance. He also indicated the City has already met all its goals for affordable housing as outlined in the Housing Goals Agreement with the Metropolitan Council, thereby creating a compliance with the Agreement without creating any new affordable housing. Councilmember Mann indicated she has not supported participation in this program in the past and still does not. RESOLUTION NO 96 -165 Member Charles F. Nichols, Sr. introduced the following resolution and moved its adoption: RESOLUTION ELECTING TO CONTINUE PARTICIPATING N THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT - CALENDAR YEAR 1997 The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody passed as follows: Councilmembers Carmody, Hilstrom, Nichols, and Mayor Kragness voted yes; Councilmember Mann voted no. STAFF RECOLIMENDATION REGARDING MECHANICAL LICENSE FOR RAPID HEATING AND AIR CONDITIONING The City Manager briefly introduced the issue at hand and deferred to the City Attorney for further insight. The City Attorney discussed the legal implications of the City Ordinances pertaining to the mechanical license of Duane Biddle, owner of Rapid Heating and Air Conditioning. The City 08/26/96 -6- Attorney referred to Section 23 -006 of the City Ordinances and provided insight of how this relates to work completed/not completed by Rapid Heating and Air Conditioning. He referred Council Members to documentation in hand, suggesting this become part of the record. As well, he informed Council that Mr. Biddle was entitled to respond accordingly to any of the documentation provided to Council. Duane Biddle, owner of Rapid Heating and Air Conditioning, addressed the Council. Mr. Biddle gave a detailed explanation regarding his past violations and stated the majority of violations happened ten years ago, however there were good intentions by his company which mostly were related to non - completion of associated paperwork. He indicated procedures have been implemented and modified to address any prior miscommunications. Councilmembers Carmody and Mann stated that the Staff report lists violations which occurred in 1992 and 1995. Councilmember Mann inquired about the amount of time Mr. Biddle would be required to wait before reapplying for a license should Council vote for denial of the most recent application. The City Attorney indicated there is no specific time line, however, Council could establish a time line that reflects past and current violations. The City Manager added Council has a full range of choice discretion. Council has the option to approve the application and also suspend the license for a time versus total denial. Councilmember Nichols stated that the violations listed include mechanical work not completed, not just a problem with paperwork. He asked Mr. Biddle to explain why mechanical work had not been completed and expressed extreme concern about the health and welfare of City residents. Mr. Biddle stated the mechanical work on a particular job was completed, but labeling of a unit was not done. He said he could not get access to the home. He also stated he likes to consolidate trips and finish the work in one trip. Mayor Kragness asked Mr. Biddle when his business was established. Mr. Biddle responded 1982. Mayor Kragness inquired what Mr. Biddle plans to do to correct or prevent these code violations from occurring in the future. Mr. Biddle explained that measures have been implemented in his business, including hiring an office manager to address paperwork associated problems. He acknowledged as owner he is ultimately responsible for all work performed by his company. Mayor Kragness asked if Mr. Biddle is licensed in other communities. Mr. Biddle responded he holds approximately 65 licenses. The City Attorney indicated Mr. Biddle had not addressed all issues /violations documented in the Staff report, including installations without first securing a permit in 1987, 1990 and 1992 and performing work without a license in 1989. Mr. Biddle conceded a past lack of priorities where work was placed first versus paperwork. He acknowledged he made mistakes and wondered if he's not scrutinized more because of past violations. Mayor Kragness indicated that this is an ongoing problem. Councilmember Hilstrom inquired whether Mr. Biddle has any difficulty in other communities in which he is licensed to operate. Mr. Biddle indicated he has had some violation citations during 1987 -1991 and one ticket received in St. Louis Park. He said he doesn't get the leniency here in 08/26/96 -7- Brooklyn Center as he does in other communities. Councilmember Nichols stated it is Staff's job to protect the health, welfare, and safety of City residents. They use the same criteria for all contractors. If somebody has an excessive amount of violations, it is very natural that they be cautious. The Building Official indicated Mr. Biddle's business has caused his department the most frustration, adding Staff cannot continually afford the time to pursue corrections which are undone. The Building Official stated there has never been a license revocation or denial request presented to Council before in the eleven years he has been employed with the City. He added violations cited have not just been obtaining permits but also State Statute violations including installing a water heater without a plumber's permit and performing ORSAT tests. The Building Official added permits are available by mail. Councilmember Hilstrom inquired about the proportions of complaints and/or numbers made compared to other contractors. The Building Official responded citations have not been issued to other mechanical contractors in the last five years. The City Attorney reiterated Council's decision needed to be made based on infractions cited in writing already. Councilmember Hilstrom inquired about any probationary period. The City Attorney recalled the City Manager's suggestion Council could consider a suspension of said license. And if Council chose to implement a suspension, the resolution should include directing Staff to draft a resolution with findings, stipulations, etc. A motion by Councilmember Nichols and seconded by Councilmember Mann directing staff to draft a resolution approving the mechanical license for Rapid Heating and Air Conditioning and suspending said license for one year (until March 31, 1997) passed as follows: Councilmembers Hilstrom, Mann, Nichols, and Mayor Kragness voted yes; Councilmember Carmody voted no. RESOLUTION ADOPTING GOALS FOR 1996 AND 1997 Councilmember Hilstrom clarified the goals contained in the resolution at hand were in no particular order adding Council will be working on them concurrently. RESOLUTION NO. 96 -166 Member Charles F. Nichols, Sr. introduced the following resolution and moved its adoption: RESOLUTION ADOPTING GOALS FOR 1996 AND 1997 The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. 08/26/96 -8- ADJOURNMENT A motion by Councilmember Kristen Mann and seconded by Councilmember Kathleen Carmody to adjourn the meeting at 8:05 p.m. passed unanimously. City Clerk Mayo Recorded and transcribed by: Connie Beckman TimeSaver Off Site Secretarial 08/26/96 -9-