Loading...
HomeMy WebLinkAbout1993 07-12 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 JULY 12, 1993 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, Director of Public Works Sy Knapp, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, Street and Park Supervisor Bob Cahlander, Engineering Coordinator Diane Spector, Fire Chief Ron Boman, and Council Secretary Carla Wirth. OPENING CEREMONIES Helen Jacobsen 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 Council reports were given. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmembers requested any items be removed from the consent agenda. He requested item 7b, approval of the June 28, 1993, regular session minutes, be removed from the consent agenda. 7/12/93 - 1 - RESOLUTIONS RESOLUTION NO. 93 -108 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN MCC BEHAVIORAL CARE AND THE CITY OF BROOKLYN CENTER FOR AN EMPLOYEE ASSISTANCE PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 93 -109 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1993 GENERAL FUND BUDGET TO PROVIDE FOR OFFICE FURNITURE FOR THE COMMUNICATIONS COORDINATOR The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 93 -110 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 69TH AVENUE NORTH, PHASE III, IMPROVEMENT PROJECT NO. 1990 -10, CONTRACT 1993 -D The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 93 -111 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR SANITARY SEWER REPAIRS (SOUTHEAST NEIGHBORHOOD), IMPROVEMENT PROJECT NO. 1993 -16 AND WATER MAIN REPLACEMENT (LAWRENCE ROAD AND ALDRICH COURT), IMPROVEMENT PROJECT NO. 1993 -07, CONTRACT 1993 -C The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. 7/12/93 -2- RESOLUTION NO. 93 -112 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 7/12/93) The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 93 -113 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF THE EARLE BROWN DAYS COMMITTEE The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. LICENSES There was a motion by Councilmember Celia Scott and seconded by Councilmember Dave Rosene to approve the following list of licenses: AMUSEMENT DEVICES - OPERATOR Beacon Bowl 6526 West River Road Davanni's 5937 Summit Drive Earle Brown Bowl 6440 James Circle N. Ground Round 2545 County Road 10 Holiday Inn 2200 Freeway Blvd. K -Mart 5930 John Martin Drive Kids "R" Us 5717 Xerxes Avenue N. Metropolitan Transit Commission 6845 Shingle Creek Parkway Park Inn International 1501 Freeway Blvd. Scoreboard Pizza 6816 Humboldt Avenue N. AMUSEMENT DEVICES - VENDOR Theisen Vending Company 3804 Nicollet Avenue S. GARBAGE AND REFUSE COLLECTION VEHICLES Browning Ferris Industries of MN 9813 Flying Cloud Drive Gallagher's Service, Inc. 1691 91st Avenue NE Gordon Rendering P.O. Box 12785 K & S Sanitation 24 Crossway Drive Randy's Sanitation, Inc. P.O. Box 169 7/12/93 -3- GARBAGE AND REFUSE COLLECTION VEHICLES - (CONTINUED) Super Cycle, Inc. 775 Rice Street T & L Sanitation Service P.O. Box 34695 Twin City Sanitation 279 Meadowood Lane Walz Bros. Sanitation, Inc. P.O. Box 627 Waste Management - Blaine 10050 Maples Street NE Woodlake Sanitary Service, Inc. 4000 Hamel Road MECHANICAL SYSTEMS Fore Mechanical P.O. Box 130788 Gilbert Mechanical 4451 West 76th Street RENTAL DWELLINGS Initial: Linda L. Jensen 6700 Quail Avenue N. Renewal: ROI Properties 6303 Brooklyn Drive Helene Ebhardt 5639 Girard Avenue N. Leslie G. Reinhardt 5713 Humboldt Avenue N. Lewis/Vivian Hedlund 5316 Russell Avenue N. The motion passed unanimously. APPROVAL OF MINUTES JUNE 21, 1993 - SPECIAL WORK SESSION There was a motion by Councilmember Scott and seconded by e n Councilmember Ros e to approve the minutes of June 21, 1993 special work session as printed. The motion passed P P P unanimously with Councilmembers Kalligher and Mann abstaining. JUNE 28. 1993 - REGULAR SESSION Mayor Paulson expressed concern with the wording of the first full paragraph on page ten. He stated he has requested language from the Secretary to reflect the verbatim statement. He requested this item be tabled to the July 26, 1993, meeting so Council has an opportunity to review the language and take whatever action they feel appropriate. Councilmember Mann stated the name in the eighth paragraph on page 17 should be Mrs. Leroy Evensen. There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to table approval of the minutes of June 28, 1993, regular session until the July 26, 1993 meeting. The motion passed unanimously. 7/12/93 -4- DISCUSSION ITEMS AIR QUALITY STUDY REPORTS REGARDING CITY HALL AND GARAGE The City Manager stated the Council commissioned a study of the air quality of the Civic Center and City Garage based on a recommendation from the Employee Safety Committee. The Director of Public Works reviewed the findings and recommendations of the air quality study prepared by Legend Technical Services for the Civic Center. He reported the study has revealed a number of deficiencies in the mechanical system, most of which relate to the comfort level of employees. He continued the study also identified two life safety hazards which have been corrected. Charles Lane, Environmental Process, Inc. (EPI), reported there are no significant problems with the Civic Center buildings, and the mechanical system appears to be very sound and in good condition. He further reported City staff installed a number of air return grills to correct minor deficiencies. He then explained some life safety issues resulting from gaps in the walls between the boiler room and corridor were the source of fumes smelled in the Police Department. These holes were closed by City staff which resolved that issue. Mr. Lane reported the second life safety issue was in the mechanical room where air handlers also handled the air return. Options were considered and it was determined using hard ducts for air return were not feasible so they are recommending limited storage of exposed paper products and no flammable liquids. He reported there are still complaints from staff in the police investigation area because of the high density of occupants and lack of air flow. Also, TAP room 42 needs a return air defuser installed. The Director of Public Works stated EPI has suggested three options to deal with the number of employees working in the police investigation area: 1. make changes to the HVAC system, 2. move some employees to the squad room which will reduce the useability of the squad room but improve air quality, or 3. provide more space through a major addition to the Police Department or Civic Center. He stated staff has not prepared a recommendation at this point and suggested they be allowed to review, in detail, options available. The Director of Public Works addressed the City Garage study which revealed a number of serious deficiencies, both in the comfort level and life safety. He stated since receiving EPI's verbal report of their findings, staff has deactivated the paint room and silk screening operation for signs until further notice. Staff has also implemented a number of operational and procedural changes, established an air quality monitoring program, made some low -cost interim improvements, and developed a long -term plan for corrective action. Mr. Lane provided a detailed review of the City Garage air quality study. He reported their evaluation revealed deficiencies in the existing facility, specifically h i g ty, spec ca y t e mechanical ventilation systems, and applicable life safety requirements which were found inadequate in the vehicle 7/12/93 -5- parking area, repair shop, oil storage room, hazardous material storage area, wood shop, silk _ screen shop, painting room, and welding areas. He added the existing facility does not meet ADA qr EEO criteria. With regard to air quality deficiencies, Mr. Lane stated they have prepared an interim operations plan and three long -term action plan options for Council's consideration. He noted Plan 1 ($358,000) would provide IAQ correction only; Plan 1A ($128,350) involves minor remodeling; Plan 2 ($1,279,630) addresses IAQ, Code, ADA, EEO and space correction, asbestos and PCB removal; Plan 3 ($986,655) provides IAQ, Code, ADA, EEO and partial space correction, asbestos and PCB removal. He stated they have also prepared a master site plan ($839,250) addressing fuel and cold storage needs. The Street and Park Supervisor presented a video tape taken at the City Garage of the current facility and operations. Allan Mjorud, Mjorud Architect, used an overhead to review each of the plans developed by EPI. He pointed out the changes proposed with each plan, necessary building modifications, and estimated costs. He indicated Plans 2 and 3 would result in compliance with IAQ, Code, ADA, and EEO requirements. The Director of Public Works stated staff and the evaluation team recommend implementation of Plan 2 which would meet all the requirements and objectives of the project. Mr. Mjorud explained the City Garage is currently a non - compliant facility since it only has one exit to the outside. He noted Plan 2 would include constructing an enclosed stairway; however, Plan 3 is not within Code compliance. He added the Building Inspector has encouraged the second exit but indicated it would not be required with Plan 3 since the upper level would not be remodeled. Mr. Mjorud reviewed the proposed master site plan including the landscaping, general construction work, fuel system and new cold storage building. He explained the purpose is to improve traffic circulation, separate employee and visitor parking from the pathway of equipment, provide a new driveway and larger radii on internal campus curbs, continue the screening wall on Shingle Creek Parkway, and improve existing exterior lighting. He added the new fuel system will provide an isolated pumping area for City vehicles that is isolated from employee parking. He continued it also allows vehicles to enter and leave the campus without conflicting with other equipment or parking and also provides electronic metering and record keeping. He pointed out the building addition to the existing salt storage and cold storage building would house park and recreation equipment. In response to Councilmember Kalligher's question, the Director of Public Works stated Plan 2 meets all IAQ, Code, ADA, and EEO requirements. He added all three plans resolve concerns with the paint booth and puts it back into operation. 7/12/93 -6- Councilmember Rosene asked if the campus improvements can be delayed if Plan 2 is approved. The Director of Public Works stated most of the campus improvements are not a majoz issue at this point, however the fuel storage facility is a major issue. He added it may be a benefit to combine both plans (Plan 2 and the Master Site Plan) if a bond issue is considered for funding. Councilmember Rosene asked how Plan 2 can save the City money in the long run. The Director of Public Works explained deactivated functions like the paint booth (needed on a daily basis) results in having to contract the work out. He pointed out the building modifications will also result in more efficiency. Councilmember Scott indicated support of improving the safety of employees working in the building and not a "bandaid" solution. Councilmember Rosene questioned the life expectancy of Plan 2. The Director of Public Works reported on a new State requirement where City staff has to inspect every vehicle prior to it leaving the City garage. He estimated the life expectancy of Plan 2 is 20 years. Councilmember Mann indicated support of Plan 2 which provides for employee safety. Councilmember Rosene expressed concern with implementing plans for a flammable storage room ($20,000 to $30,000) if it is not consistent with Plan 2. The Director of Public Works recommended implementation of the flammable storage area immediately. He suggested staff prepare detailed plans for Council consideration that are as consistent as possible with Plan 2. There was a motion by Councilmember Mann and seconded by Councilmember Rosene to direct staff to research Plan 2 with implementation within one to two years, to implement the flammable storage room in a manner as consistent with Plan 2 as possible, and to make recommendations regarding the Civic Center findings and financing options. The motion passed unanimously. RECESS Mayor Paulson recessed the meeting at 8:27 p.m. The meeting was reconvened at 8:39 p.m. TOW TRUCK ORDINANCE AMENDMENT The City Manager reviewed the ordinance amendment that would allow tow trucks to be parked in residential areas. He also reviewed the letter from the City Attorney and memorandum from the Planning and Zoning Specialist regarding similar regulations used by Fridley and Brooklyn Park. He pointed out Fridley regulates the size of the vehicles and Brooklyn Park regulates the tie of vehicle by licensing. He added staff asserts it would be very difficult to prepare an ordinance that differentiates types of trucks. 7/12/93 -7- The City Manager reported the City received a favorable Summary Judgement in the lawsuit entered by Mr. Cardinal, and the City won on all counts. Councilmember Scott reiterated her position against allowing commercial vehicles to park in residential neighborhoods. She stated a lot of study went into the original ordinance. She pointed out there are currently several cases where owners of large vehicles parked in residential areas have been notified they must be removed, and the owners have requested but been denied a variance. If the ordinance is amended, she felt these residents would request the same type of consideration. Councilmember Scott reported on a large vehicle that has been parked in a residential area, and the owner was making repairs on it early Sunday morning. She stated this type of activity is disruptive, and she does not think the Council can begin to consider an ordinance to differentiate by use rather than size. Councilmember Kalligher stated the vehicle mentioned by Councilmember Scott is a lot larger than a tow truck and would not fit inside a garage. She did not feel this vehicle could be compared to a tow truck that could be parked inside a garage. Councilmember Rosene stated the tow trucks he has observed are no larger than a large - sized pick -up truck with a towing arm. He said he does not object to their size but felt the Council should consider the restriction suggested by the City Attorney where the truck owner must demonstrate a bona fide need for the services by governmental emergency authorities. Mayor Paulson stated he is not convinced either way on this issue and did not object to scheduling a public hearing to receive public input. Councilmember Mann stated she has nothing personal against towers or tow trucks but is concerned about allowing commercial vehicles ' where they create a disruption to the residential character of the neighborhood and quality of life for Brooklyn Center's citizens. She stated the only way to address this issue without favoring only tow trucks would be to table further consideration until staff can provide statistics on Code compliance and number of violation tags issued over the past two years. Councilmember Kalligher asked if only tow trucks (parked inside) responding to Brooklyn Center's Police Department can be allowed. She asserted it is discrimination to not allow a resident to bring the truck home which they drive to and from work if they can park it in their garage with the door down. The City Attorney reported the recent lawsuit attacked the City's ordinance on many grounds and was sustained by the court. He explained this is the Nuisance Ordinance, and if the Council decides it is an acceptable level of nuisance to have commercial vehicics parked inside (not on the street or driveway), it would have to apply to all commercial 7/12/93 - 8 - vehicles. He added it would not be defensible to allow only one kind of vehicle or business, such as tow trucks. Councilmember Kalligher indicated support of allowing all commercial vehicles that fit inside a standard garage with the door shut as long as there is no maintenance allowed. The City Attorney pointed out this would be tantamount to saying it would impact residential neighborhoods if these vehicles are parked outside. He added if the Council's primary concern with parking commercial vehicles in residential zones is visibility, they may feel it is no longer a concern if the vehicles are parked inside. Councilmember Rosene stated he would not object if vehicles were required to be parked indoors with the door closed but questioned whether this would happen in practice. He pointed out the reason complaints are being received on the vehicle referred to by Councilmember Scott is because it is parked outside. He questioned whether the City could provide adequate enforcement to assure compliance. LaVonne Sorenson, a resident on 57th Avenue, stated her husband is the owner of the vehicle being referred. She questioned the definition of "nuisance" and asserted the many recreational vehicles parked in Brooklyn Center also create a visibility problem. She stated it is discrimination against the minority to single out owners of home -based businesses with commercial vehicles. The City Attorney clarified the Council is not talking about an ordinance that has an impact on a protected class such as against one sex, race, or religion. He explained it is a matter of requiring a rational basis for designating between two different classes of vehicles. He further explained recreational vehicles do not make residential neighborhoods appear less residential, and that type of vehicle does not make a number of daily trips. He advised the Council to treat all similarly situated vehicles the same and suggested they determine the area of concern (vehicle trips, nature of the vehicle, size of the vehicle, etc.). The City Manager stated when the Council previously considered the ordinance and' adopted this version, they did consider one regulating size and felt tow trucks were commercial type vehicles. He added they determined recreational vehicles were large but residential in nature, however, commercial vehicles were not. He stated the Council then decided to restrict commercial vehicles over a certain size. He advised in allowing different types of residential or commercial vehicles, the City would be less able to rationalize the differences, but staying with commercial or noncommercial could be rationalized. Councilmember Rosene stated the Mayor did a good job delineating the difference between emergency or nonemergency vehicles by considering whether it was life threatening. He further stated cars on highways that need towing can involve a life or safety threatening situation, and this is the basis for supporting an ordinance amendment. He also supported requiring the owner of the vehicle to demonstrate a bona fide need for the services by governmental emergency authorities. 7/12/93 -9- The City Manager pointed out only a small percentage of towing involves life safety issues and there is not sufficient volume to justify the finding that a life safety issue is involved in this sitVation. Councilmember Rosene disagreed and stated the fact that it happens, even though the percentage is small, is sufficient to make the decision to have emergency vehicles available immediately. He added Mr. Cardinal has indicated the State Highway Patrol may require a nine minute response time. With regard to Ms. Sorenson's comment about discriminating against commercial vehicles, Councilmember Rosene stated it is assumed that commercial vehicles have a commercial base where it could be parked, however with recreational vehicles you could not make that assumption. He suggested this matter be further discussed at a work session. Mayor Paulson agreed and stated there may be several options that should be considered prior to a public hearing. Councilmember Scott suggested staff provide the Council with background information regarding the current ordinance and why it was adopted prior to the work session. Councilmember Rosene asked the Council to keep in mind that Brooklyn Center is a community of working people with a number of home occupations that require special vehicles. In an effort to focus the solution, the City Manager suggested the Council reach a conclusion of what the "ill" is. Council consensus was reached to table this matter to a work session and direct staff to provide background information on previous Council's rationale for adopting the Ordinance, the range of options available, proper language for allowing all commercial vehicles which can be parked in a garage, emergency service requirements, and Code enforcement information. RESOLUTIONS - (CONTINUED The City Manager introduced a Resolution Appropriating $70,000 from the Capital Projects Fund for the City of Brooklyn Center's Share in Building the Fire Training Facility at 71st Avenue in Fridley. He explained this matter was discussed by the Council in 1990 as a joint effort with communities in the northern area. He further explained staff has investigated options for the past twelve months and found a joint effort with the city of Minneapolis is not in the best interest for Brooklyn Center. Staff recommends the Council consider the original arrangement with the cities of Fridley, Blaine- Spring Lake Park - Moundsview, and Brooklyn Center. 7/12/93 - 10- The Fire Chief stated they like to provide this type of training every year, but it has been five years since they have been able to have a burn training situation. He further stated this type of training in a controlled environment is critical to properly prepare fire fighters. Councilmember Scott stated the City has volunteer fire fighters who need this type of crucial training. She further stated these volunteers risk their safety when responding to calls and the City needs to provide training in a controlled situation so they know how to properly react before the actual scenario. In response to Councilmember Rosene's question, the Fire Chief reviewed options for renting this facility to other fire departments and private companies. He added he is unaware of another facility like this in the metro area except for the portable facility which is reserved nine months in advance. He further explained Brooklyn Center will have a joint powers agreement to dictate use of the facility, regulations, rent fees, etc. He indicated funds received from renting the facility will probably cover maintenance costs. Councilmember Rosene indicated . his support. RESOLUTION NO. 93 -114 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION APPROPRIATING $70,000 FROM THE CAPITAL PROJECTS FUND FOR THE CITY OF BROOKLYN CENTER'S SHARE IN BUILDING THE FIRE TRAINING FACILITY AT 71ST AVENUE IN FRIDLEY The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann the motion passed unanimously. OTHER BUSINESS Mayor Paulson introduced Karl Puckett, reporter for the Brooklyn Center Sun -Post. Councilmember Rosene complimented the City Attorney for his success in the Lock case. The City Attorney stated Corrine Heine worked on this case. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:13 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Carla Wirth Timesaver Off Site Secretarial 7/12/93