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HomeMy WebLinkAbout1994 04-11 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 APRIL 11, 1994 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Dave Rosene, Barb Kalligher, and Kristen Mann. Also present were City Manager Gerald Splinter, Public Works Coordinator Diane Spector, City Engineer Mark Maloney, Attorney Jim Thompson, Police Chief Trevor Hampton, and Council Secretary Kathy Stratton. OPENING CEREMONIES Dean Nyquist offered the invocation. OPEN FORUM Mayor Paulson noted the Council had received no requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS No reports were given. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmember requested any items be removed from the consent agenda. Councilmember Kalligher requested item 8a be removed and Councilmember Rosene requested llc be removed. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to approve the April 11, 1994, agenda and consent agenda with aforementioned changes. The motion passed unanimously. 4/11/94 - 1 - PROCLAMATION Member Celia Scott introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING MAY 8 THROUGH 14, 1994, AS NATIONAL HISTORIC PRESERVATION WEEK The motion for the adoption of the foregoing proclamation was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTIONS RESOLUTION NO. 94 -69 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF JOHN KALLIGHER FOR HIS DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -70 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF DONNA STODERL 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 Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -71 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1994 -30, 69TH AVENUE LANDSCAPING PHASE II, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. 4/11/94 -2- RESOLUTION NO. 94 -72 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING SURPLUS PROPERTY The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -73 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF FOUR (4) SCOTT AIR PACKS The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -74 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE (1) TRAILER - MOUNTED POTHOLE PATCHER The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion ,passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to approve the following list of licenses: GASOLINE SERVICE STATION Avanti Petroleum dba Total 6830 Brooklyn Blvd. MECHANICAL SYSTEMS Allan Mechanical, Inc. 6020 Culligan Way Bostrom Sheet Metal Works, Inc. 785 Curfew Street Centraire, Inc. 7402 Washington Ave. S. Louis Degidio, Inc. 6501 Cedar Ave. S. Ditter, Inc. 820 Tower Drive Excel Air Systems 2075 Prosperity Road Flare Heating & Air Conditioning 9303 Plymouth Ave. N. William Forster Corporation 1050 Plastermill Road Gas Supply, Inc. 2238 Edgewood Ave. S. Richmond & Sons Electric dba Golden Valley Heating & A/C 5182 West Broadway 4/11/94 -3- MECHANICAL SYSTEMS - CONTINUED Home Energy Center 14505 21st Ave. N., Suite 222 Pete's Repair, Inc. 8835 Xylon Ave. N. Rouse Mechanical, Inc. 11348 K -Tel Drive Royalton Heating & Cooling Co. 4120 85th Ave. N. E.A.H. Schmidt & Associates, Inc. 3245 Winpark Drive Sedgwick Heating & Air Conditioning Co. 8910 Wentworth Ave. S. Vogt Heating and Air Conditioning 3260 Gorham Avenue Wenzel Heating and Air Conditioning 1955 Shawnee Road Yale Inc. 9649 Girard Ave. N. MOTOR VEHICLE DEALERSHIP Brookdale Chrysler Plymouth 6121 Brooklyn Blvd. Brookdale Ford, Inc. 2500 County Road 10 Iten Chevrolet Company 6701 Brooklyn Blvd. RENTAL DWELLINGS Initial: Kenneth and Germaine Pawelk 4201 Lakeside Ave. N. #206 Heinz Pollinger 4207 Lakeside Ave. N. #320 Renewal: Kingwood Management Brookwood Manor The Gaughn Companies Victoria Townhouses Arthur and Dolores Kvamme 5529 Aldrich Drive North Dorothy Ostrom- Ringstrom 6025 Brooklyn Blvd. Gary Olson 3715 69th Ave. N. TOBACCO RELATED PRODUCTS Avanti Petroleum dba Total 6830 Brooklyn Blvd. The motion passed unanimously. APPROVAL OF MINUTES FEBRUARY 22 1994 - WORK SESSION There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to approve the minutes of February 22, 1994, work session as printed. Councilmember Mann abstained from voting, and the motion passed unanimously. MARCH 28. 1994 - REGULAR SESSION Mayor Paulson requested additional items be included in the minutes from March 28, 1994, regarding Humboldt Avenue, and the City Manager and Secretary agreed to look at the tape and fill in what was missing. Councilmember Mann also asked for a change to the minutes on page 19. 4/11/94 -4- PROCLAMATIONS - CONTINUED Councilmember Kalligher stated she had requested removal of this item from the consent agenda in order to give notification of the second town meeting, which is to be Monday, May 2, 1994. Member Barb Kalligher introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING THE WEEK OF APRIL 25 THROUGH MAY 1, 1994, AS "YOUTH VIOLENCE AND ITS PREVENTION WEEK" AND ACKNOWLEDGING MAY 2ND AS "FOCUS ON YOUTH ACTIVITIES DAY" The motion for the adoption of the foregoing proclamation was duly seconded by member Dave Rosene, and the motion passed unanimously. ORDINANCES The City Manager presented An Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety, and Welfare of City Residents; Regulating and Restricting the Development of Secondhand Goods Stores, Pawnshops, Check - Cashing Establishments, and Temporary Employment Businesses within the City. He stated this Ordinance is recommended for a first reading this evening. The City Manager stated a staff memorandum has been distributed explaining the request for starting the process of a moratorium. He said the rationale for the request is that the neighboring communities of Robbinsdale and Crystal have discovered some new items that are not in our ordinances and regulations on these types of activities. He commented it would be easier to consider the regulations while the City is not receiving applications. He asked the Council to establish a moratorium on accepting license recommendations, effective now through December 1, 1994. Councilmember Rosene commended City staff for catching a potential problem and acting on it in advance. Councilmember Mann questioned whether the moratorium could be extended beyond December 1, 1994, if the work was incomplete. The City Manager said there are processes by which to extend the moratorium and it is always possible to shorten it. There was a motion by Councilmember Mann and seconded by Councilmember Scott to approve first reading of An Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety, and Welfare of City Residents; Regulating and Restricting the Development of Secondhand Goods Stores, Pawnshops, Check - Cashing Establishments, and Temporary Employment Businesses within the City. The motion passed unanimously. 4/11/94 -5 - RESOLUTION NO. 94 -75 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS; REGULATING AND RESTRICTING THE DEVELOPMENT OF SECONDHAND GOODS STORES, PAWNSHOPS, CHECK - CASHING ESTABLISHMENTS, AND TEMPORARY EMPLOYMENT BUSINESSES WITHIN THE CITY The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. ORDINANCES - CONTINUED The City Manager presented An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor Licensing Hours of Operation Modifying the Consumption Provision from 1:00 a.m. to 30 Minutes After Closing. He stated this Ordinance is recommended for a first reading tonight. The City Manager stated there had been requests from holders of liquor licenses asking the City to consider a modification of the current regulations which would enable establishments which sell liquor (by law, until 1 a.m.) to allow consumption and display for another 30 minutes (until 1:30 a.m.). He noted this practice would be consistent with that of surrounding communities. He explained this change would be to alleviate the concern of a customer consuming last drink quickly or becoming upset when a drink is taken away unfinished. He g q Y g P Y added the change would be in allowing liquor to be consumed and displayed between 1 a.m. and 1:30 a.m. Councilmember Rosene expressed concern a person with a consumption problem might then order several drinks and stockpile them to last until 1:30 a.m. The City Manager answered that proprietors are careful of those situations and control them by not serving the patron. Councilmember Rosene asked what benefits this modification would have for the City. The City Manager stated there would be no direct benefit. He explained there would be the indirect benefit of good public relations with the liquor license holders. Councilmember Rosene asked if there are any statistics which correlate the effect of the extra half -hour with auto safety. The City Manager answered that he could double check this issue but did not believe there are such statistics. He explained there are communities which allow 15 minutes, but the practice is either 15 minutes or 30 minutes after sale. Councilmember Rosene stated he might be more comfortable with 15 minutes than 30 minutes. He explained he wants to support business but is more strongly concerned about not making the consumption of alcohol more convenient. 4/11/94 -6 - Councilmember Mann asked whether other establishments which serve liquor have contacted the City Manager in regard to this issue. The City Manager stated one other proprietor had and over the years others had mentioned this concern. Councilmember Rosene added he doesn't see a problem with allowing some time after the sale if liquor, but 30 minutes seems like too much. Councilmember Mann asked if the neighboring communities grant 15 minutes or 30 minutes. The City Manager replied that some allow 15 and some allow 30 minutes. There was discussion about whether a business can allow patrons to stay past the 1 a.m. deadline for sale of liquor. The City Manager explained a business can stay open but cannot allow alcohol to be consumed or displayed (meaning poured into glasses). Most establishments, other than 24 -hour restaurants, close immediately after the 1 a.m. cut -off, according to the City Manager. Mayor Paulson noted it would be helpful to know what other communities do, and a buffer time to allow customers to sober up is a good idea. Councilmember Rosene suggested creating two tiers within the license structure, thereby giving a business a break on their license if they would remain open after 1:15 a.m., serving food and coffee, to encourage patrons to stay and sober up before driving. The City Manager said he would check on this matter. Councilmember Rosene reinforced he would like to encourage the business owners to provide the means for the patrons to have that extra time. The City Manager pointed out this encouragement could be given in the form of a letter signed by members of the council rather than by ordinance. Councilmember Scott agreed the Council should do whatever is possible in this area to discourage drunk driving. Police Chief Trevor Hampton stated the following examples of time allowed for consumption after sale of liquor: Fridley and Robbinsdale -15 minutes; Crystal - no set time; Brooklyn Park - none (1 a.m. cut -off like Brooklyn Center). He explained State law mandates the last sale of liquor be at 12:59 a.m. He said this amendment would designate the period of 1 a.m. to 1:30 a.m. as the time when patrons could consume, but could not purchase liquor. Councilmember Rosene questioned whether an extra 30 minutes would tempt someone to stockpile drinks and save them for the last 30 minutes. Chief Hampton stated the bar owners are careful on this issue and they, for liability reasons, will cut off a patron before this situation arises. Mayor Paulson called for any merchants present to speak. 4/11/94 -7- Jim Madden, Earle Brown Bowl, stated people from neighboring communities who are in his business sometimes finish their drinks quickly in Brooklyn Center and go somewhere else which is still open. He believes this amendment would result in a smaller number of fights and in ease of operation. Councilmember Scott asked Mr. Madden whether bartenders and waitresses allow customers to purchase three or four drinks at once. Mr. Madden replied his establishment does not do that, as that practice would be asking for trouble. He explained at last call, a customer is served one drink. He continued this helps ease them out onto the streets one at a time, not all at once. Councilmember Rosene expressed his mind has been changed on this issue and that he admires the proprietors for trying to resolve problems. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve first reading of An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor Licensing Hours of Operation Modifying the Consumption Provision from 1:00 a.m. to 30 Minutes After Closing. The motion passed unanimously. DISCUSSION ITEMS 1994 CAPITAL IMPROVEMENT PROGRAM - INTERIM REMODELING OF CITY HALL The City Manager explained staff's recommendation for proposed City Hall improvements to reduce the human trauma element caused by space problems. He explained they had looked at moving part of the City Hall offices or Police Department off site but that represented a difficulty in operations for both departments. He said alternate sites for Council Chambers were Constitution Hall and Earle Brown Heritage Center, but both are heavily scheduled and deficient in requirements. He stated renting space is possible but also not cost effective. Councilmember Kalligher expressed desire to look closer at the possibility of moving part of the offices off site and said she would like to know more. The City Manager said it could be added to the resolution to come back with a comparative study, but the initial review two years ago showed renting 13,000 - 14,000 square feet at $13 per square foot meant at least $19,000 per year, and then improvements to any space necessary would run $30,000 - 50,000. He continued the initial review showed renting off site would either be a wash or on -site improvements would be slightly cheaper. He added splitting any department represents some real problems in coordinating activities. He stated City staff had considered moving the investigative unit of the Police Department off site, but he said that group needs access to police files and the jail. He said it could be done, but would be a substantial inconvenience. He concluded a comparative analysis could be done. 4/11/94 - g - I Councilmember Kalligher said she is just one vote, but she would like to see a comparative analysis done. The City Manager said requirements for City offices in regards to handicap facilities and unisex restrooms and workstations make utilizing the space the City already has and making it more efficient seem the way to go. Councilmember Scott said it seemed to her they had been working on space problems for about four years and it keeps getting tabled. She said the Police Department is so packed it's as if the employees were shoe - horned in there. She said she did not think the Council can put off getting ergonomic work stations installed and getting computer equipment improvements to prevent injuries which are occurring. She said something must be done, and since the City cannot afford a permanent solution now, she'd like to see this resolution pass. She made a motion to pass the resolution including a comparative analysis regarding moving some part of the offices off site. The motion was seconded by Councilmember Kalligher. Councilmember Mann asked if the work stations to be ordered were for the Police Department as well as City Hall and the City Manager responded they were. Councilmember Rosene said he agreed with Councilmember Scott's statement regarding getting something done. Mayor Paulson asked how much is budgeted, and the City Manager said $800,000 is a preliminary estimate and at least 60% of what is spent would be re- usable in the case of reconstruction in the future. Mayor Paulson said he is very interested in getting a comparative report back, and he agreed something must be done. He said they had all seen how cramped the facilities have been, but he has also seen when temporary solutions become permanent ones unintentionally, and when costs add up to be much more than predicted. He stated he'd really like to avoid wasting 40% of the cost of improvements if the offices are moved in the future. The City Manager said the City is trying to stay within the envelope of the building because going outside is the easiest way to waste a lot of money. He added the Council will have control over each aspect of the proceedings this summer. RESOLUTION NO. 94 -76 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1994 -32, INTERIM REMODELING OF CITY HALL, ACCEPTING PROPOSAL FOR PROFESSIONAL SERVICES, AND APPROPRIATING FUNDS THEREFOR The motion for the adoption of the foregoing resolution was duly seconded by member Barb . Kalligher, and the motion asked unanimous) g P Y 4/11/94 -9- ADMINISTRATIVE TRAFFIC COMMITTEE REPORT RE: FAIR OAKS SCHOOL TRAFFIC The City Manager said the purpose for this being on the agenda is for an update, and he turned it over to the Public Works Coordinator. The Public Works Coordinator said she was happy to report meetings had taken place with the neighborhood surrounding Fair Oaks School and with the School District and the school itself, and all had come to an agreement that a barrier should be installed in the parking lot. She said it is now in place and divides the parking lot into two parts, plus the school has agreed to move the gate closer to the school. She also said the gate is only open from 8 a.m. to 3:30 p.m. and closed all other times. She said this seems to be agreeable for all involved and no complaints have been received in the two months since this decision. The City Manager said there would be some traffic counts done when the gate is installed in its new position. He said in November the same group that had met to find a solution for the problem would meet to evaluate the results. Councilmember Scott thanked staff for a job well done. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to accept the traffic report. The motion passed unanimously. Mayor Paulson suggested a letter be sent to the school thanking them for their cooperation. JOINT MEETING OF CITY COUNCIL AND ADVISORY COMMISSIONS The City Manager explained this is on the agenda for the purpose of setting a date for the meeting of the City Council and advisory commissions. He explained there has been concern for getting.this date fixed, and the date recommended for this meeting was February 8, 1995. There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to accept the date of February 8, 1995, for the joint meeting of City Council and advisory commissions. The motion passed unanimously. LEGISLATIVE UPDATE The City Manager presented a Resolution Requesting Mn/DOT to Expend Funds to Complete the Upgrading of T.H. 100 through Crystal, Robbinsdale, Brooklyn Center, and Golden Valley. He also gave a report of the Carruthers Bill which attempts to disallow for HACA or State Aid on redevelopment for TIF Districts. Councilmember Rosene said according to one of the City's resolutions, it is opposing change to current fiscal disparities. The City Manager responded Representative Carruthers is proposing an expansion of fiscal disparities to modify some that would not be beneficial to Brooklyn Center and its school districts. He explained sometimes the City pays more than it gets back, and then the taxpayer 4/11/94 - 10 - gets more back, but one always affects the other. He added there have also been attempts to limit contributions to the pool. RESOLUTION NO. 94 -77 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION REQUESTING Mn/DOT TO EXPEND FUNDS TO COMPLETE THE UPGRADING OF T.H. 100 THROUGH CRYSTAL, ROBBINSDALE, BROOKLYN CENTER, AND GOLDEN VALLEY The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. Councilmember Scott said she thinks it's grand that these cities are finally getting together and trying to get the State to do what it has been promising for 20 years - upgrade T.H. 100. Councilmember Rosene pointed out T.H. 100 has been improved several times south of Glenwood but never to the north and he is tired of it. The City Manager presented a Resolution Regarding Legislative Initiatives for the 1994 Session. RESOLUTION NO. .94-78 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION REGARDING LEGISLATIVE INITIATIVES FOR THE 1994 SESSION The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher and the motion passed unanimously. The City Manager presented a Resolution Declaring April 21, 1994, as City Unity Day. RESOLUTION NO. 94 -79 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION DECLARING APRIL 21, 1994, AS CITY UNITY DAY The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTIONS - CONTINUED The City Manager explained the proposal to merge playground equipment for Willow Lane Park and Willow Lane School. He said this is a joint project similar to Evergreen School's improvements two or three years ago. 4/11/94 Councilmember Rosene expressed concern because the recently installed equipment lacks several elements, those being muscle development, balance, and coordination. He said it seems modern equipment has become so safe that it loses educational benefits and growth benefits. He said he is not faulting anyone for this occurrence, but he wondered if Representative Carruthers should be asked if anything could be done at the State level to limit liability to Cities and schools. He said a "play at your own risk" situation would be more conducive to equipment that gives freedom to be more of a challenge and does not limit children's development. The City Manager explained the companies who built the equipment are also liable on a national level, and because they got a huge scare a few years ago equipment reflects that fear. He added there are improvements to equipment in early stages of development, so the City is not in a hurry to update all its equipment at this time in order to see what develops. Councilmember Rosene concluded by saying fun is nice, but physical development is necessary. RESOLUTION NO. 94 -80 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1994 -31, WILLOW LANE PARK PLAYGROUND EQUIPMENT REPLACEMENT AND ACCEPTING PROPOSAL FOR PROFESSIONAL SERVICES The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. The City Manager presented a Resolution Amending the 1994 General Fund Budget to Provide Funding for Fire Department Radio Frequency. He explained the City currently shares with Crystal, but Crystal is switching to the County system. He further explained Golden Valley and New Hope. share a frequency, but New Hope is switching to the County System. Therefore, the proposal is for Brooklyn Center and Golden Valley to share, which puts Brooklyn Center back into a situation similar to what it has. Councilmember Rosene expressed concern over a statement in the Council packet regarding "toning out." The City Manager explained toning out would occur if Brooklyn Center stays on the same frequency it is now because of competition between different departments. RESOLUTION NO. 94 -81 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1994 GENERAL FUND BUDGET TO PROVIDE FUNDING FOR FIRE DEPARTMENT RADIO FREQUENCY Them n otio for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. 4/11/94 -12- There was a motion by Councilmember Rosene and seconded by Councilmember Scott to suspend the Roberts Rules of order in order to add another discussion item. The motion passed unanimously. DISCUSSION ITEMS - CONTINUED Councilmember Rosene stated he had heard from a resident there were complications regarding the construction to take place on Humboldt Avenue that would prevent construction this year. The City Manager responded there have been no new complications other than the ones detailed all along as possibilities for delay of the project. He said those three potential hang - ups are State Aid, underground power in connection with NSP, and achieving level D traffic. He stated everything is going as fast as possible at this time, and there have been no new complications to arise thus far. Councilmember Rosene said he would assume that everything is looking good then, and the City Manager responded the process is just starting, but does look good. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:20 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Kathy Stratton TimeSaver Off Site Secretarial 4/11/94 - 13 -