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HomeMy WebLinkAbout1995 01-23 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 JANUARY 23, 1995 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 Kristen Mann, Debra Hilstrom, and Kathleen Carmody. Also present were City Manager Gerald Splinter, Director of Public Services Diane Spector, Finance Director Charlie Hansen, Director of Community Development Brad Hoffman, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Council Secretary Barbara Collman. Councilmember Barb Kalligher was excused from tonight's meeting. OPENING CEREMONIES Dean Nyquist offered the invocation. COUNCIL REPORTS Councilmember Hilstrom requested a joint study session be arranged with the Brooklyn Park City Council regarding the Brooklyn Boulevard project. The City Manager indicated he would contact Brooklyn Park and schedule a mutually agreeable date sometime in the next month. PRESENTATION - EMPLOYEE SERVICE RECOGNITION PROGRAM The City Manager explained service awards are being presented to City employees who marked twenty, twenty -five, and thirty years of service in 1994. The following three employees were present and were recognized for twenty years of service to the City of Brooklyn Center: Orlander M. Nelson, David L. Peterson, and Jean C. Dorweiler. The City Manager read a biographical sketch of each as Mayor Kragness presented the awards. Melvin C. Larson was also recognized but was not present to receive his award. 1/23/95 - 1 - The following three employees were present and received awards for twenty-five years of service to the City: Albert J. Hartmann, Kathy Flesher, and Arnie Mavis. Mayor Kragness presented the awards as a biographical sketch of each employee was read. John Bentzen was also recognized but was not present to receive his award. Mayor Kragness expressed appreciation to the City's dedicated employees. There was a reception in honor of those receiving service recognition awards. Mayor Kragness called a recess of the City Council at 7:12 p.m. The Brooklyn Center City Council reconvened at 7:27 p.m. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Kragness inquired if any Councilmember requested any items be removed from the consent agenda. Councilmember Carmody requested the approval of the minutes of the January 9, 1995, Regular Session be removed from the consent agenda. There was a motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve the January 23, 1995, agenda and consent agenda as printed removing the approval of minutes of the January 9, 1995, Regular Session. The motion passed unanimously. APPROVAL OF MINUTES JANUARY 4 1995 - SPECIAL SESSION There was a motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve the minutes of the January 4, 1995, Special Session as printed. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 95 -17 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1994 GENERAL FUND BUDGET TO INCREASE APPROPRIATIONS FOR VARIOUS OPERATING DEPARTMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. 1/23/95 -2- RESOLUTION NO. 95 -18 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1990 -10, CONTRACT 1993 -D, 69TH AVENUE CONSTRUCTION PHASE III The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. RESOLUTION NO. 95 -19 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON SHINGLE CREEK PARKWAY BETWEEN I -94 AND 69TH AVENUE NORTH (MSAP 109 - 109 -28) The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. RESOLUTION NO. 95 -20 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT TO HERBST & SONS CONSTRUCTION CO., INC. FOR DEMOLITION OF 6451 AND 6505 BROOKLYN BOULEVARD (BEING A PART OF IMPROVEMENT PROJECT NO. 1993 -18) The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. RESOLUTION NO. 95 -21 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MARGARET KNUTSON FOR HER DEDICATED PUBLIC SERVICE ON THE PARK AND RECREATION COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. 1/23/95 -3- RESOLUTION NO. 95 -22 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF AGATHA ECKMAN FOR HER DEDICATED PUBLIC SERVICE ON THE HUMAN RIGHTS AND RESOURCES COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. RESOLUTION NO. 95 -23 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF DANIEL REIVA FOR HIS DEDICATED PUBLIC SERVICE ON THE HUMAN RIGHTS AND RESOURCES COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. RESOLUTION NO. 95 -24 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF NEAL NELSON FOR HIS DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. RESOLUTION NO. 95 -25 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF VIOLA KANATZ FOR HER DEDICATED PUBLIC SERVICE ON THE FINANCIAL COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. 1/23/95 -4- RESOLUTION NO. 95 -26 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF BETTY ENGDAHL FOR HER DEDICATED PUBLIC SERVICE ON THE EARLE BROWN NEIGHBORHOOD HOUSING ADVISORY COMMITTEE The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. RESOLUTION NO. 95 -27 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF JUNE SCOFIELD FOR HER DEDICATED PUBLIC SERVICE ON THE EARLE BROWN NEIGHBORHOOD HOUSING ADVISORY COMMITTEE The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. RESOLUTION NO. 95 -28 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF DEANE A. LEJOYARN FOR HIS ACHIEVEMENT IN SWIMMING 500 MILES IN THE BROOKLYN CENTER POOL The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. RESOLUTION NO. 95 -29 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION AMENDING RESOLUTION NOS. 91 -153, 92 -127 & 93 -191 REGARDING THE BROOKLYN CENTER AD HOC COMMUNICATIONS TASK FORCE WHICH ENABLES TASK FORCE TO APPOINT ITS OWN CHAIR AND VICE CHAIR The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. 1/23/95 -5 - RESOLUTION NO. 95 -30 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE PURCHASE OF ONE (1) DISC -TYPE BRUSH CHIPPER The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. RESOLUTION NO. 95 -31 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) THREE - QUARTER TON CARGO VAN The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. RESOLUTION NO. 95 -32 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) ONE -TON CHASSIS TRUCK FOR THE SIGN SHOP The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. RESOLUTION NO. 95 -33 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) DUMP TRUCK CAB AND CHASSIS The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. RESOLUTION NO. 95 -34 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) AIR COMPRESSOR, AIR KNIFE AND ACCESSORIES The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. 1/23/95 -6- LICENSES There was a motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve the following list of licenses: MECHANICAL SYSTEMS Erickson Plumbing, Heating & Cooling 9212 Isanti St. NE POOL AND BILLIARD TABLES American Amusement Arcades 850 Decatur Ave. N. Lynbrook Bowl 6357 N. Lilac Drive RENTAL DWELLINGS Gary Brummer River Glen Apts. Miller Management Co. Willow Lane Apts. Curtis Cady 6915 Brooklyn Blvd. Earl Backer 7018 Brooklyn Blvd. Timothy Damberger 2118 Ericon Drive Rickey Hartmann 6831 Fremont Place N. Orval and Marya Hage 7215 Girard Ave. N. Roland Scherber 4714 Lakeview Ave. N. Joseph Veidel 7104 Unity Ave. N. Robert and Patricia Bobleter 4807 Wingard Place George Hanson 1510 69th Ave. N. Ruth Kalanquin 5348 70th Circle Curtis Cady 1312 72nd Ave. N. TOBACCO RELATED PRODUCTS American Amusement Arcades 850 Decatur Ave. N. Lynbrook Bowl 6357 N. Lilac Drive The motion passed unanimously. OPEN FORUM Mayor Kragness noted the Council had received no written requests to use the open forum session this evening. She inquired if there was anyone present who wished to address the Council. There being none, she continued with the regular agenda items. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 95001 The City Manager presented Planning Commission Application No. 95001 submitted by Tharaidson Development, request for special use permit and site and building plan approval for a three -story, 60 -unit Comfort Inn Hotel at 1600 James Circle. This application was recommended by the Planning Commission at its January 12, 1995, meeting. 1/23/95 -7- The Planning and Zoning Specialist described the details of the plan and reviewed the Planning Commission's report regarding the proposed building behind Hardee's off of Freeway Boulevard. He noted the developer complied with a request to remove a troublesome access by moving the access to the northeast corner of the property. He also noted there is compliance with the landscape point system. The Planning and Zoning Specialist mentioned thirteen standard conditions imposed on the application by the Planning Commission. In addition, a fourteenth condition of modifying the plan to provide a wood opaque screen gate for the trash enclosure was explained. Watershed District approval is not necessary in this case as it is less than five acres. Councilmember Mann pointed out in the listing of conditions in the 1 -12 -95 Planning Commission Information Sheet. Condition No. 12 should read the hotel as having 60 units rather than 67 units. The Planning and Zoning Specialist agreed. Councilmember Hilstrom stated she felt a public hearing should be held. Mayor Kragness opened the meeting for the purpose of a public hearing on Planning Commission Application No. 95001 at 7:40 p.m. She inquired if there was anyone present who wished to address the Council. Loy Switzer, 6839 Perry Avenue North, asked a question regarding the number of shade trees proposed. The Planning and Zoning Specialist explained that the landscape point system is designed to ensure a variety of types of landscaping and trees. One shade tree is necessary to obtain ten landscape points. The minimum standard is met with this application. There was a motion by Councilmember Hilstrom and seconded by Councilmember Mann to close the public hearing at 7:42 p.m. The motion passed unanimously. There was a motion by Councilmember Hilstrom and seconded by Councilmember Mann to approve Planning Commission Application No. 95001 submitted by Tharaldson Development subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. k ' 2. Grading, drainage and utility plans are subject to review and approval by the Engineering department prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 1/23/95 - 8 - 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building addition is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the city ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the city ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. The property owners shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the Engineering Department. 12. The Special Use Permit is granted to the applicant for a 67 unit, three story hotel. Any expansion or alteration of this use shall require an amendment to this Special Use Permit. 13. This Special Use Permit is subject to all applicable codes, ordinances and regulations, any violation, thereof, could be grounds for revocation. 14. The plans shall be modified prior to the issuance of permits to include a wood opaque gate for the trash enclosure. The motion passed unanimously. COUNCIL CONSIDERATION ITEMS PRESENTATION BY MAXFIELD RESEARCH GROUP INC. REGARDING THE RETAIL POTENTIAL AT 69TH AVENUE NORTH AND BROOKLYN BOULEVARD The Director of Community Development explained Maxfield Research Group was commissioned last year to determine how many square feet of retail the redevelopment area could support. 1/23/95 - 9 - Senior Market Specialist Mary Bujold reviewed the methodology and findings of the study Maxfield Research Group has performed and which is outlined in a fifty -page report. Among other things, she discussed the radius used for the demographics, traffic counts, household expenditures, levels of home ownership, available shopping, and populations. The recommendation of Maxfield Research Group is a neighborhood center shopping area. The types of stores which would be appropriate were mentioned. Councilmember Mann asked whether the area would support a senior housing development. Ms. Bujold noted an earlier study on that issue which showed a strong potential for a successful implementation of a senior housing development. Seniors want and need retail services such as those recommended in close proximity. Any multihousing project would add to the retail potential of the area. Councilmember Hilstrom asked why two small existing strip centers were not mentioned in the analysis of available shopping. Ms. Bujold answered a cut -off according to size was necessary when making comparisons. The City Manager noted the Maxfield Research report will be used as part of the Council's and EDA's evaluation of the site for development. Senior housing is a possibility. There was a motion by Councilmember Carmody and seconded by Councilmember Mann to accept the report of Maxfield Research Group. The motion passed unanimously. MAYORAL APPOINTMENTS Mayor Kragness presented her recommendations of citizens to fill vacancies on several City advisory commissions. Mayor Kragness recommended Amy Gonyea and Henry Yang be appointed to the Housing Commission. There was a motion by Councilmember Mann and seconded by Councilmember Hilstrom to appoint Amy Gonyea and Henry Yang to the Brooklyn Center Housing Commission. The motion passed unanimously. Mayor Kragness recommended Julie Eoloff, Neng Yang, and Dean Nyquist be appointed to the Human Rights and Resources Commission. Councilmember Hilstrom stated Dean Nyquist would have a conflict of interest in terms of the Human Rights and Resources Commission. She asked the nominees be voted on separately. Mayor Kragness recommended Julie Eoloff be appointed to the Human Rights and Resources Commission. There was a motion by Councilmember Mann and seconded by Councilmember Hilstrom to appoint Julie Eoloff to the Brooklyn Center Human Rights and Resources Commission. The motion passed unanimously. 1/23/95 - 10- Mayor Kragness recommended Neng Yang be appointed to the Human Rights and Resources Commission. There was a motion by Councilmember Carmody and seconded by Councilmember Hilstrom to appoint Neng Yang to the Brooklyn Center Human Rights and Resources Commission. The motion passed unanimously. Mayor Kragness recommended Dean Nyquist be appointed to the Human Rights and Resources Commission. There was a motion by Councilmember Carmody to appoint Dean Nyquist to the Brooklyn Center Human Rights and Resources Commission. There was no second to the motion. Councilmember Mann said she could not support Mr. Nyquist's appointment due to his conflict of interest. Mayor Kragness stated the issue would be tabled pending further discussion. Mayor Kragness recommended John Russell and Jill Schendel be appointed to the Park and Recreation Commission. There was a motion by Councilmember Mann and seconded by Councilmember Hilstrom to appoint John Russell and Jill Schendel to the Brooklyn Center Park and Recreation Commission. The motion passed unanimously. Mayor Kragness recommended Graydon Boeck be appointed to the Planning Commission. There was a motion by Councilmember Carmody and seconded by Councilmember Mann to appoint Graydon Boeck to the Brooklyn Center Planning Commission. The motion passed unanimously. Mayor Kragness recommended Phyllis Owens be appointed to the Northwest Hennepin Human Services Council Advisory Commission. There was a motion by Councilmember Hilstrom and seconded by Councilmember Mann to appoint Phyllis Owens to the Northwest Hennepin Human Services Council Advisory Commission. The motion passed unanimously. Mayor Kragness recommended Deb Iverson and Karen Youngberg be appointed to the Earle Brown Neighborhood Housing Advisory Committee. There was a motion by Councilmember Mann and seconded by Councilmember Hilstrom to appoint Deb Iverson and Karen Youngberg to the Earle Brown Neighborhood Housing Advisory Committee. The motion passed unanimously. ADMINISTRATIVE HEARING REGARDING THE DELINQUENT UTILITY BILLS OF THE TIMBER RIDGE APARTMENTS The City Manager stated the City had received a communication today from the Chippewa Park Properties attorneys requesting a thirty-day postponement of this matter. There was also an offer of an agreement to pay part of the bill amount immediately and the remaining amount in thirty days. The Staff concurred in cancellation of the hearing. 1/23/95 There was a motion by Councilmember Hilstrom and seconded by Councilmember Carmody to table the matter of delinquent utility bills. The motion passed unanimously. BUILDING CODE APPEAL BY DAVID AND LESLIE ANDRESEN, 6821 PERRY AVENUE NORTH The City Manager stated Staff has provided a report on the issue of the building code appeal by David and Leslie Andresen. Staff has reviewed the matter and found there are no code violations on the work inspected to date. His assessment is there has been an agreement "gone bad" between a homeowner and a contractor. The City has met its responsibilities and it caught in the middle of a disagreement. The City is not responsible for judging quality of work, only to monitor code compliance. The major problem with this project is that it is not complete and the owner and contractor disagree as to who is responsible for what. The Director of Community Development said the City initially obtained a report from the City inspector. Staff accepted the inspector's handling of the matter. There are no true code violations on the site. The Director of Community Development concurred miscommunication between contractor and homeowner had doomed the project from its start. He mentioned mediation settlement or litigation as possible avenues to resolution. Councilmember Mann asked whether the City's response to the allegations is based on a review of the signed contract. The Director of Community Development said a signed contract has not been made available to the City and it would not be the City's responsibility to review and involve the City in the interpretation of the contract. The contract remains unsigned and disputed between the parties, who interpret it differently. Councilmember Mann asked whether it would be the City's responsibility to tag violations. The Director of Community Development said in some situations it would be the City's responsibility. There are many variables affecting the City's position, primarily the project hasn't been completed which in and of itself creates a code violation. Councilmember Mann asked whether the City could tag a violation due to the lack of painting. Mayor Kragness said the painting is the homeowner's responsibility. The Director of Community Development agreed. The City Manager also agreed it is the homeowner's responsibility based on the maintenance code. He stated the matter is due to a contract which soured. Arbitration or mediation would have been helpful but the property owner was unwilling to participate. Mayor Kragness opened the meeting for public comment at 8:20 p.m. David Andresen, 6821 Perry Avenue North, came forward and asked whether this appearance before the Council meets the Board of Appeals hearing to which he is entitled. The City Manager said it does. Mr. Andresen said he should have been given notice of five 1/23/95 - 12 - business days and would have brought an expert witness if he had received notice. The City Attorney said the hearing is at the resident's request and can be continued to another date. Mr. Andresen said he would prefer to have the hearing at this time. Mr. Andresen handed out pictures of the work at his home. He stressed City codes are minimum standards which the installer should meet, and the City inspector should assess whether the codes are met rather than considering contracts. There was a discussion of specific details regarding the progress of the construction project. P g g P �' P J There was also discussion of second opinions, experts consulted, Mayor Kragness stated the City is not responsible for reviewing contracts, but only for regulating code enforcement. Mrs. Leslie Andresen said the work does not meet the UBC code which the City uses. The Council expressed a feeling of inability to judge because of unfamiliarity with building codes and a need for more information. Mayor Kragness noted councilmembers may not be experts on the subject but the City inspector has reviewed the situation many times. Mr. Andresen reviewed the history of attempts at mediation. He also contended the City Council has the authority to hire a qualified inspector outside of City Staff. The Director of Community Development said he would not object to an outside inspector being involved. He added he does not feel the items Mr. Andresen lists as violations are violations at this point. The steps are a temporary phase of construction, the nailing is acceptable, and all other violations can be refuted. Mayor Kragness said she would like the Andresens to be comfortable with the decision of i the Council. The City Attorney explained the Council cannot require mediation. The Council must make a decision on the appeal. The Andresen have the burden of proof to show that the inspection is incorrect. The City Council can affirm or reject the inspection or it can direct i Staff to obtain more information. He also discussed the City's liability. Mayor Kragness told the Andresens the dispute is between them and their builder and mediation would be to their advantage. Mrs. Andresen mentioned the Andresen are being sued by the contractor over lack of payment. Councilmember Hilstrom said she would like the Andresen to have an opportunity to convince the Council of its position. Until then, she could not support overruling City Staff. 1/23/95 - 13 - Mr. Andresen invited the Council to inspect the property at any time. He asked for, and received, a copy of the report. He presented a copy of the signed contract for Councilmember Carmody's review. Elaine Switzer, 6839 Perry Avenue North, spoke in support of the Andresens. She stated the City's sign -off has given the builder the legal right to sue the Andresens. She also said there are more elements to the conflict which are unknown to the Council. She asked the Council to inspect the property for themselves as the violations are evident even to non - experts. Councilmember Mann said the Council needs more information, including copies of the agreement. The City Manager said the City should not be drawn into a conflict between the two parties. The only current actual code violation is the lack of paint on the siding, which is the homeowner's responsibility, and violations that exist because the project has not been completed. Councilmember Mann noted the inspector is usually called when a project is complete. She asked who called the City, and whether the project was considered complete at that point. Mr. Andresen said he called the inspector in October 1993 because the work seemed sloppy. Mr. Andresen asked the Council to make a decision and present it in writing. Mayor Kragness reiterated the problem is between the property owner and the contractor. Loy Switzer, 6839 Perry Avenue North, called on the Council to judge the code, not attempt to resolve the conflict. The City Manager said the project is incomplete and completed work currently does pass City codes. The code questions raised by the Andresens relate to uncompleted work The Director of Community Development discussed the stairs and the flooring details. Councilmember Mann said her first impression was there was an inspection and approval, but now she knows that is not true. She supported mediation for the parties, but stated the Council needs to approve or disapprove the appeal. She asked for a copy of Clay Larson's report at the upcoming work session and that the matter be reopened at the next regular Council session. The City Manager stated a final inspection cannot be performed as the project is incomplete. 1/23/9 - 14- Mr. Andresen said the photo of the City inspection record shows the final inspection was done. The Director of Community Development said that applied only to the work which was completed at that time. There was a discussion concerning this issue. The City Manager said he would obtain more information for the Council. He will bring a report to the next Council meeting and also send it to the Andresens. Councilmember Hilstrom recommended tabling the matter and having the Andresens furnish any additional information available. Mrs. Andresen asked whether that would run the matter beyond the thirty -day appeal process. The City Manager said it would; however, the Andresens have the authority to extend the appeal process. The City Attorney said the Andresens can either waive the thirty-day limit or force a decision. Mr. Andresen agreed with the Council having more time to decide but asked for a date for a decision. Mayor Kragness said it would be fair to the Andresens for the Council to see the inspection report, and that the matter should be tabled to February 13. There was a motion by Councilmember Carmody and seconded by Councilmember Mann to table the building code appeal. The motion passed unanimously. The City Council recessed at 9:06 p.m. Mayor Kragness reconvened the Brooklyn Center City Council at 9:22 p.m. ADOPTION OF CITY COUNCIL HANDBOOK The City Manager noted revisions have been made to the handbook as requested by the Council. i Councilmember Mann commented the handbook would be beneficial to the present and future Councils. There was a motion by Councilmember Mann and seconded by Councilmember Carmody to adopt the City Council handbook. The motion passed unanimously. RESOLUTION NO. 95 -35 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF JERRY PEDLAR FOR HIS DEDICATED PUBLIC SERVICE AS COUNCILMEMBER The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. 1/23/95 -15 - RESOLUTION NO. 95 -36 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF PHILIP COHEN FOR HIS DEDICATED PUBLIC SERVICE AS COUNCILMEMBER d The motion for the adoption of the foregoing resolution was duly seconded by member P g g Y Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 95 -37 The City Manager stated the 1994 budget estimate was not adequate as the bid was $1,300 higher. Staff would like to use the contingency fund to make up the difference. Councilmember Mann commented the budget had originally called for six squad cars and was amended to five. Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1995 GENERAL FUND BUDGET AND THE CENTRAL GARAGE BUDGET AND AUTHORIZING THE PURCHASE OF FIVE (5) SQUAD CARS The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. RESOLUTION NO. 95 -38 The City Manager explained the purpose for this action relates to the timing of the process. Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR CERTAIN DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. APPROVAL OF MINUTES JANUARY 9 1995 - REGULAR SESSION Councilmember Carmody noted Resolution No. 95 -10, on page seven of the minutes, should be corrected to state Member Barb Kalligher introduced the resolution. 1/23/95 - 16 - I There was a motion by Councilmember Mann and seconded by Councilmember Carmody to approve the minutes of the January 9, 1995, Regular Session with the above -noted correction. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Carmody and seconded by Councilmember Hilstrom to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:29 p.m. Deputy City Clerk Mayor Recorded and transcribed by: Barbara Collman Timesaver Off Site Secretarial I 1/23/95 - 17 -