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HomeMy WebLinkAbout1993 08-09 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 9, 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 7:01 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 PP , Kna Planning nd Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, g g P Personnel Coordinator Geral n Barone and Council Secretary Kathy tratton. Y � rY Y OPENING CEREMONIES The invocation was observed with a moment of silence. OPEN FORUM Mayor Paulson noted the Council had received no requests to use the open forum session this P one evenin g q Y . He inquired if there was an resent who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS Mayor Paulson commented on the success of the previous week's National Night Out. He reported there was a good turnout and a good time was had by all. Councilmember Mann reported on having been involved, along with Councilmember Kalligher and eighteen other volunteers comprised of city staff and residents, in the Paint- A -Thon. She said she was pleased with the event and looked forward to participating again next year. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if an n ilm mbers req an items be removed from the y o q y Cou c e qu y consent agenda. Councilmember Mann requested Item 7, Approval of Minutes, be removed from the consent agenda. 8/9/93 - 1 - RESOLUTIONS RESOLUTION NO. 93 -122 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A JOINT AND COOPERATIVE AGREEMENT FOR THE FORMATION AND ADMINISTRATION OF THE HENNEPIN -ANOKA SUBURBAN DRUG TASK FORCE The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 93 -123 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AWARDING SALE OF $120,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS OF 1993, FIXING FORM AND TERMS THEREOF AND PROVIDING FOR THEIR PAYMENT The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 93 -124 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1993 GENERAL FUND BUDGET TO RECOGNIZE THE GRANT FOR THE FORESTRY PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 93 -125 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 08/09/93) The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. CONSIDERATION OF SPECIAL LICENSE There was "a motion by Councilmember Scott and seconded by Councilmember Mann to approve a Class B and Sunday On -Sale Intoxicating Liquor License to Apple American Limited Partnership of Minnesota, DBA Applebee's. The motion passed unanimously. 8/9/93 -2- LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Mann to approve the following list of licenses: MECHANICAL SYSTEMS Blaine Heating, Air Cond. & Electric, Inc. 13562 Central Avenue NE RENTAL DWELLINGS Initial: David Theisen 5601 Lyndale Avenue N Renewal: Thomas & Joanne Limond Humboldt Square Apartments Robert Nechal 5332 -36 Russell Avenue N Fred /Judie Swenson 5340 -44 Russell Avenue N The motion passed unanimously. APPROVAL OF MINUTES JULY 21, 1993 - SPECIAL SESSION Councilmember Mann stated she asked this item be removed from the consent agenda because of information she thought was missing from paragraph 4. In response to Councilmember Scott's question about what was missing, Councilmember Mann stated there may be residents who would want to know how concerned some of the Councilmembers are about prioritizing politics over the good of the community. There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to approve the July 21, 1993, special session as printed. Councilmember Mann asked if the Council was denying the conversation took place. Councilmember Rosene withdrew his second to the motion. The motion by Councilmember Mann to approve the July 21, 1993, special session with the addition of the conversation among Councilmembers who had concerns about politics and the community with regard to the bond issue died for lack of a second. Councilmember Scott commented she could not second the motion because she could not second -gugss what was in the minds of Councilmembers. 8/9/93 -3- There was a motion by Councilmember Scott and seconded by Councilmember Mann to approve July 21, 1993, special session with the addition that some Councilmembers expressed concern that politics could enter into the discussion of the bond issue. Councilmember Kalligher responded she recalled there was some discussion about this but all concurred the Council must move forward and quit politicking. Councilmember Rosene concurred the Council agreed the bond issue should proceed without politics being involved. Councilmember Scott suggested this item be tabled to allow staff to draft and submit suggested language and then withdrew her motion for approval. There was a motion by Mayor Paulson and seconded by Councilmember Rosene to approve the July 21, 1993, special session with the following addition to paragraph 4, page 1: "Some council members expressed concern that politics might enter into the discussion on a bond issue, and the City Council agreed that politics should not be part of the consideration of any bond issue." The motion passed unanimously. Mayor Paulson expressed concern with the way this issue was brought forward at the Council table and that the bond issue will, in fact, become a political issue. JULY 26, 1993 - REGULAR SESSION Councilmember Mann stated she requested this item be removed from the consent agenda because of her concerns with the last paragraph on page 12 regarding Mayor Paulson's comment. She then asked if the Council was trying to bribe businesses into the community by adding requirements that they make some contribution to the community. Councilmember Rosene pointed out the issue before the Council is approval of the minutes and that this subject is off the topic. He explained there is an appropriate time to address this topic, but it should be put on the agenda for discussion. Mayor Paulson stated the minutes accurately reflect what he quoted. The motion by Councilmember Mann to approve the minutes of July 26, 1993, regular session, as printed and add this topic as discussion item llc died for lack of a second. Mayor Paulson expressed his dismay that these issues are even being addressed. He added it is very common to form partnerships between businesses, and he was attempting to leverage the City's resources. Councilmember Scott called the question. 8/9/93 -4- I There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to approve the minutes of July 26, 1993, regular session, as printed. Vote: 3 ayes, 1 nay, 1 abstention. The motion passed. Councilmember Mann voted nay and Councilmember Rosene abstained from voting due to his absence. MAYORAL APPOINTMENTS HUMAN RIGHTS AND RESOURCES COMMISSION The City Manager reported the Council tabled consideration of these appointments at its July 26, 1993, meeting since a unanimous vote was not possible. He stated this evening, by majority vote, the Council may approve appointing the nominees. Mayor Paulson requested confirmation of his nomination of Trayce Ann Olsen, West Central Neighborhood, and Daniel Reiva, Northeast Neighborhood, for appointment to the Human Rights and Resources Commission. Councilmember Scott questioned which nominee would hold the longer term. Due to the concern about gender balance, Councilmember Rosene suggested Daniel Reiva be appointed for the two -year term and Trayce Ann Olsen be appointed for the one -year term. Mayor Paulson agreed and added this would allow Trayce Olsen to reapply for another position next year on a commission that needs her for better gender balance. Councilmember Mann stated this isn't politics but principles, and when you set principles, you establish precedents. Therefore, because of the gender balance issue, she thought these appointments violate criteria established b the Human Rights and Resources Commission PP Y g so she would vote against the appointments. Vote: 4 ayes, 1 nay. The appointments were confirmed. Councilmember Mann voted against the appointments. PLANNING COMMISSION ITEMS The City Manager introduced Planning Commission Application No. 93009, submitted by Wendy's International, Inc., requesting site and building plan and special use permit approval to construct an 82 seat convenience food restaurant with drive -up windows on the site of the old Midwest Federal Savings and Loan, 5545 Xerxes Avenue North. He stated this application was recommended for approval by the Planning Commission at its July 29, 1993, meeting. I The Planning and Zoning Specialist provided an in -depth review of the discussion held and issues addressed by the Planning Commission. He stated they recommend approval subject to 13 conditions. 8/9/93 -5 - Councilmember Scott questioned traffic circulation from the service road as well as the floor plan. The Planning and Zoning Specialist explained the traffic should move in a counterclockwise direction, and the site would have appropriate directional signs to indicate the traffic flow. He then explained with an overhead how the floor plan works as well as pointing out the two side entrances. The Mayor asked the applicant if he would like to add anything. A representative of Wendy's responded he did not. Councilmember Rosene complimented the applicant on the landscaping and how it contained far more than necessary points as well as their intention to cover the cooler with decorative brick. Councilmember Scott commented Wendy's is going to be a good improvement and she looks forward to its opening. Councilmember Mann concurred. There was a motion by Councilmember Mann and seconded by Councilmember Scott to approve Application No. 93009 submitted by Wendy's International, Inc. for site and building plan and special use permit approval to construct an 82 seat convenience food restaurant with drive -up windows on the site of the old Midwest Federal Savings and Loan, 5545 Xerxes Avenue North, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, 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. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building 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. i 8/9/93 - 6 - 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 owner shall enter into an easement and agreement for maintenance and inspections of utility and storm drainage systems, prior to the issuance of permits. 11. The applicant shall provide a lighting plan indicating the location of site lighting which is consistent with Section 35 -712 of the City ordinances prior to the issuance of permits. 12. The special use permit is granted to the applicant for a convenience food restaurant with drive -up windows as contained in the plans submitted. Any expansion or alteration of the use shall require an amendment to this special use permit. 13. The special use permit is subject to all applicable codes, ordinances and regulations, any violation thereof could be grounds for revocation. The motion passed unanimously. ORDINANCES AN ORDINANCE REPEALING CHAPTER 8 IN ITS ENTIRETY OF THE CITY ORDINANCES REGARDING FOOD SANITATION CODE The City Manager introduced An Ordinance Repealing Chapter 8, in its Entirety, of the City Ordinances Regarding Food Sanitation Code. He stated this ordinance amendment is offered for first reading. Councilmember Rosene commented these changes were simply housekeeping issues. There was a motion by Councilmember Rosene and seconded by Councilmember Mann to approve first reading of An Ordinance Repealing Chapter 8, in its Entirety, of the City Ordinances Regarding Food Sanitation Code. The motion passed unanimously. AN ORDINANCE AMENDING CHAPTER 18 OF THE CITY ORDINANCES REGARDING AUTHORITY TO ISSUE CITATIONS The City Manager introduced An Ordinance Amending Chapter 18 of the City Ordinances Regarding Authority to Issue Citations. He stated this ordinance amendment is offered for first reading. There was a motion by Councilmember Rosene and seconded by Councilmember Mann to approve first reading of An Ordinance Amending Chapter 18 of the City Ordinances Regarding Authority to Issue Citations. The motion passed unanimously. 8/9/93 - 7 - i DISCUSSION ITEMS RECOMMENDATION OF THE FINANCIAL COMMISSION REGARDING THE ORGANIZATIONAL EVALUATION PROCESS The City Manager explained the progress made by the Financial Commission regarding the organization of the City of Brooklyn Center as to its effectiveness. He covered the three main areas of interest which are as follows: 1) evaluation of potential for administrative structure reorganization; 2) evaluation of the supervision /management and other staffing levels; and 3) service evaluation process. Councilmember Kalligher asked if there would be more information available regarding this issue and if it would be available in time to be considered in the budget process. The City Manager responded there would be more information forthcoming. There was a motion made by Councilmember Rosene and seconded by Councilmember Scott to accept this report and motion from the Financial Commission. Mr. Donn Escher of the Brooklyn Center Financial Commission stated the Financial Commission is not opposed to item 3) service evaluation process, but the Commission needs more information to make any decisions. Councilmember Mann stated Total Quality Management (TQM) is important but expressed her concern that many companies have given up on TQM. She further stated applying quality techniques to isolated systems or programs is not enough, and government organizations must see themselves as interconnected, interactive, and interdependent. In her opinion, our new culture involves continuous learning and everyone, not just management, must share responsibility for improving the product of service and be empowered to do so. She added responsibility will not be taken if people are afraid of making mistakes or working themselves out of a job, and if TQM is seen as only a way to cut costs and lay people off, it will be a waste of time and money. She commented there must be new ways of measuring performance and a process for developing them and the Council must also recognize that the process of improving quality takes time. Mayor Paulson stated he is not all that familiar with Total Quality Management and asked the Council if anyone wanted to respond to Councilmember Mann's statement. The City Manager explained TQM is a process- oriented, results - driven organizational philosophy and management approach which brings about results in satisfying the goals of the organization as well as the needs of the community. Councilmember Rosene asked if there could be some in- service training on this subject, to which the City Manager responded there most likely would be. He added staff is looking into quote's for this service. I 8/9/93 - 8 - I Mayor Paulson asked what the timeline is on any upcoming organization analysis. The City Manager responded there would be a preliminary report to the Financial Commission and City Council in 30 days and an intern is starting to work on this project August 16. The motion passed unanimously. PROPOSED PARK AND RIDE FACILITY The City Manager indicated the Council conducted a public hearing on June 28, 1993, the proposed Park and Ride Facility and tabled consideration to allow further research. He stated staff, as requested by Council, has prepared a report responding to the issues discussed at the public hearing and evaluating alternative locations. He stated if Council wishes to continue consideration of this proposal, it is recommended they direct staff to l i conduct one or more discussion meetings with citizens and then schedule another public hearing to discuss the proposal. The City Manager added the staff would like to make the following comments regarding costs: MTC will be responsible for paying all costs of development, construction, maintenance, etc., while costs for development of the adjacent storm water pond will be paid for by the City. He added estimation of these costs will be based on the final decision regarding the facility and because this final decision has not been made, cost distribution cannot be shown. Councilmember Mann pointed out at the work session on August 2 there were concerns about traffic back -up and flow patterns around such a facility, as well as the concerns of neighbors due to increased traffic. There was a motion by Councilmember Mann and seconded by Councilmember Scott to direct staff to conduct one or more discussion meetings with the affected neighbors and citizens. Donn Escher, 3107 - 65th Avenue N., commented the area between Brooklyn Boulevard and Xerxes is becoming a main thoroughfare and it is the first time you can exit from the bridge. He said neither he nor his neighbors had been notified of the proposed Park and Ride facility at this location. He also expressed concern because of the school in the area. He suggested everyone along 65th Avenue from Brooklyn Boulevard to Xerxes Avenue be notified. The Director of Public Works responded notices had been sent to those within 300 feet of the site in accordance with i d es. t C co City There was some discussion on the possibility of extending the notification area in this instance, where to "draw the line," and the possibility of using newspaper articles and leaflets. 8/9/93 - 9 - The Director of Public Works commented on the cost to send out several thousand notices if the area is expanded. Councilmember Scott suggested any notices that were sent out should include a statement indicating all are welcome to attend meetings, even those beyond the boundaries of where notices were sent. The Director of Public Works explained the 300 foot notification area is based in the Zoning ordinance, and he recommended this standard be maintained in this instance, and in addition a newspaper article could be published. Council agreed. The motion passed unanimously. APPROVAL OF MINUTES - JUNE 28 1993 REGULAR SESSION AND CONSIDERATION OF ACTION PURSUANT TO RESOLUTION NO. 93 -06 RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER PLEDGING FAIR TREATMENT OF EMPLOYEES DECLARING AGAINST CONFLICTS OF INTEREST AND MISUSE OF POSITIONS The City Manager explained Mayor Paulson had requested this item be placed on the agenda as a discussion item. Mayor Paulson explained this item was on the agenda in response to concerns expressed by members of the community and letters to the editor about remarks made at the Council table. Councilmember Mann asked if certain issues are taboo and where you "draw the line" between politics and the good of the community. Mayor Paulson responded he felt certain issues were. He commented policy is to speak from within the bounds of what is decent and proper, and the Council needs to do something to police itself and live up to the standards set by Resolution 93 -06. Councilmember Rosene commented on the need to be careful with words when bringing up issues that may be perceived as a disability or limiting condition and if it is pertinent to the discussion being held. He added the topic addressed by Councilmember Mann was not pertinent because the resident had demonstrated for 15 years his ability to adequately respond to calls and find addresses. He stated without supporting documentation, this is the instance that transgressed the boundaries of what is proper and acceptable behavior. Councilmember Mann stated she regrets her comments were misunderstood, but she stands by them. She said she did not agree with the resolution, but realized it was the Council's right. 8/9/93 - 10- Mayor Paulson mentioned this matter could have been handled privately, but since there was no sign of remorse or acknowledgement that a mistake was made or personal apology, he felt this resolution was necessary. Councilmember Rosene suggested the minutes be approved before the resolution he had drafted be read. Mayor Paulson stated he did not want this to become a practice, but in this instance to be accurate, he suggested the verbatim transcript of this section of the minutes be used so there is no question about what was said and it cannot be misconstrued. There was a motion by Mayor Paulson and seconded by Councilmember Rosene to approve the following revision to the second paragraph on page 10: 'Councilmember Mann, "Well, I thought public safety was part of the issue here too about towing, and I have a real concern here. If you look in court records when Mr. Cardinal is asked about if he had read one of our City ordinances, he can't read. How does he find these addresses to pick up these trucks? Mr. Cardinal ? "' The motion passed unanimously. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve the minutes of June 28, 1993, regular session as amended. The motion passed unanimously. Councilmember Rosene introduced a Resolution Declaring Disapproval of the Remarks of a Councilmember. He added it was with great regret on his part to take this type of action but he felt it must be done. Councilmember Kalligher requested the personal apology be omitted, and Councilmember Rosene agreed. I RESOLUTION NO. 93 -126 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION DECLARING DISAPPROVAL OF THE REMARKS OF A COUNCILMEMBER The motion for the adoption of the foregoing resolution was duly seconded by Mayor Todd Paulson. Vote: 4 ayes, 1 nay. The motion passed. Councilmember Mann voted nay. 8/9/93 ADJOURNMENT There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:10 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Kathy Stratton TimeSaver Off Site Secretarial 8/9/93 - 12 -