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HomeMy WebLinkAbout1991 04-08 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 8, 1991 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7:04 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, Assistant EDA Coordinator Tom Bublitz, Personnel Coordinator Geralyn Barone, and Council Secretary Ann Odden. OPENING CEREMONIES Jim McCloskey offered the invocation. OPEN FORUM Mayor Paulson noted the Council had not received any 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 Mayor Paulson advised Councilmembers of the dates of several upcoming events and offered to provide a list for Councilmembers interested in attending. Councilmember Pedlar reminded those present of the Shingle Creek and Palmer Lake clean -up day scheduled for May 4, 1991. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmembers requested any items removed from the consent agenda. No requests were made. 4/8/91 - 1 - APPROVAL OF MINUTES MARCH 18. 1991 - SPECIAL SESSION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the minutes of March 18, 1991, special session as printed. The motion passed unanimously. MARCH 25. 1991 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the minutes of the March 25, 1991, regular session as printed. The motion passed unanimously. RESOLUTION NO. 91 -109 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ADOPTING A SOLID WASTE SOURCE REDUCTION PLAN FOR THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -110 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 Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -111 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS FOR REMOVAL OF HOUSES ON 69TH AVENUE NORTH, PHASE II, IMPROVEMENT PROJECT NO. 1991 -02 CONTRACT 1991 -B The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the following list of licenses: 4/8/91 -2- FOOD ESTABLISHMENT Applebee's 1347 Brookdale Center Baker's Square Rest. #178 5601 Xerxes Ave. N. Beacon Bowl 6525 Lyndale Ave. N. Breaktime Services 6660 Shingle Crk. Pky. Bridgeman's #320 1272 Brookdale Center Brooklyn Center Mobil - Super Mart 6849 Brooklyn Blvd. Burger King #220 6110 Brooklyn Blvd. Chuck Wagon Inn 5720 Morgan Ave. N. Donut Delight 6838 Humboldt Ave. N. Duke's Amoco 6501 Humboldt Ave. N. 50's Grill 5524 Brooklyn Blvd. Gloria Jean's Coffee Bean 1119 Brookdale Center House of Hui's Rest. 6800 Humboldt Ave. N. Jenny Craig Weight Loss Ctr. 5951 Earle Brown Dr. Kim Fung 1958 57th Ave. N. Lynbrook Bowl, Inc. 6357 No. Lilac Dr. Marantha Place 5415 69th Ave. N. Movies at Brookdale 5800 Shingle Crk. Pky. Neil's Total 1505 69th Ave. N. New Horizon Nursery Sch. 1200 69th Ave. N. Que Viet 6100 Brooklyn Blvd. Scoreboard Pizza 6816 Humboldt Ave. N. Target T -240 6100 Shingle Crk. Pky. Taystee Bread 4215 69th Ave. N. Wes' Amoco 6044 Brooklyn Blvd. Yen Ching Mandarin Rest. 5900 Shingle Crk. Pky. ITINERANT FOOD LICENSE Brooklyn Center High School Band Boosters 6500 Humboldt Ave. N. Earle Brown Elementary Sch. 5900 Humboldt Ave. N. Garden City Elementary Sch. 3501 65th Ave. N. MECHANICAL SYSTEMS Anderson Heating and A/C 4347 Central Ave. N.E. Centraire, Inc. 7402 Washington Ave. S. Dependable Indoor Quality, Inc. 9500 Vincent Ave. N. Flare Heating & A/C, Inc. 664 Mendelssohn Ave. N. Gas Supply, Inc. 2238 Edgewood Ave. S. General Sheet Metal Corp. 2330 Louisiana Ave. N. 4/8/91 - 3 - MECHANICAL SYSTEMS (continued) Gopher Heating & Sheet Metal, Inc. 4815 W. 123rd St. Home Energy Center 14505 21st Ave. N. Horwitz Mechanical, Inc. 5000 N. Highway 169 Kleve Heating & A/C, Inc. 13075 Pioneer Trail McGuire Mechanical Services, Inc. 20830 Holt Ave. McQuillan Bros. Plbg. Heating Co. 452 Selby Ave. Metropolitan Mechanical Contractors 7340 Washington Ave. S. Milts Gas Heating Service, Inc. 2500 Longview Dr. Minnegasco 201 S. 7th Street Pete's Repair, Inc. 8835 Xylon Ave. N. Pierce Refrigeration 1920 2nd Ave. S. Ron's Mechanical 1812 E. Shakopee Ave. Sedgwick Heating and Air Cond., Co. 8910 Wentworth Ave. S. Yale, Inc. 9649 Girard Ave. S. MOTOR VEHICLE DEALERSHIP Brookdale Chrysler Plymouth 6121 Brooklyn Blvd. North Star Dodge Center, Inc. 6800 Brooklyn Blvd. NONPERISHABLE VENDING MACHINE Joel Johnson 10015 Nord Road Humboldt Square Cleaners 6824 Humboldt Ave. N. PERISHABLE VENDING MACHINE Five Star Vending 15034 Fillmore St. N.E. Hiawatha Rubber Co. 1700 67th Ave. N. Mikros Engineering 3715 50th Ave. N. SIGN HANGER Naegele Outdoor Advertising Company, Inc. 1700 West 78th St. Suburban Lighting, Inc. 6077 Lake Elmo Ave. N. SPECIAL FOOD HANDLING ESTABLISHMENT M & S Drug Emporium 5900 Shingle Crk. Pky. 4/8/91 -4- SWIMMING POOLS Brookwood Estates 6201 N. Lilac Dr. Holiday Inn 2200 Freeway Blvd. Marvin Garden Townhouses 68th and Orchard The motion passed unanimously. PROCLAMATION DECLARING A DAY OF SPIRITUAL REDEDICATION IN BROOKLYN CENTER The City Manager briefly reviewed this item. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to approve a Proclamation Declaring Saturday, April 20, 1991 as "A Day of Spiritual Rededication in Brooklyn Center." The motion passed unanimously. ORDINANCES The City Manager presented an Ordinance Amending Chapter 17 of the City Ordinances I Regarding Personnel. Councilmember Pedlar stated he would prefer to have each case brought before the Council. Councilmember Rosene concurred. The City Manager noted that occasionally, a time element made it difficult to address the Council on each case, such as in the hiring of police officers. Councilmember Cohen suggested the City Manager send a memo to the Council to inform them each time the provisions in the new ordinance were invoked. Councilmember Pedlar concurred with Councilmember Cohen's suggestion. Councilmember Scott indicated in the past certain candidates for positions had been hired elsewhere due to the time constraints of bringing each matter before the Council. Therefore, the proposed ordinance had been instigated at Councils request. She was comfortable with the ordinance as written and concurred with the idea of informing the Council when the ordinance was applied. Councilmember Rosene suggested the City Manager could explain the reason the ordinance was being applied in the memo also. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to approve for first reading an Ordinance Amending Chapter 17 of the City Ordinances Regarding Personnel and setting a public hearing date of May 13, 1991, at 7:15 p.m. The motion passed unanimously. The City Manager presented an Ordinance Amending Chapter 7 of the City Ordinances Relating to Recycling Services for Multifamily Dwellings. He noted the process provided for in the ordinance was mandated. In response to Councilmember Scott's question, he indicated the individual apartment owners were responsible for providing the service. 4/8/91 - 5 - In response to Councilmember Cohen's question, the City Manager indicated it would be possible to have compliance under the existing licensing ordinance. The City Manager indicated the City's costs would be for a promotional campaign and sending notices. Councilmember Rosene indicated he would like any City costs to be recorded for the purpose of keeping track of mandated costs as suggested by Councilmember Cohen at a previous meeting. Councilmember Rosene also felt the citizens should be made aware of the program's costs and why the program had been implemented. Councilmember Rosene and Mayor Paulson requested the cost per unit be determined. The City Manager indicated he would do this and estimated the cost per unit would likely be comparable to the cost per home in a residential area. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve for first reading an Ordinance Amending Chapter 7 of the City Ordinances Relating o g Recycling Services for Multifamily Dwellings and setting a public hearing date of May 13, 1991, at 7:15 p.m. The motion passed unanimously. The City Manager presented an Ordinance Amending Chapter 3 of the Brooklyn Center City Charter relating to the first Council meeting of the year following a municipal election. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve for first reading an Ordinance Amending Chapter 3 of the Brooklyn Center City Charter and setting a public hearing date of May 13, 1991, at 7:15 p.m. The motion passed unanimously. The City Manager reviewed a resolution approving proposed program for Year XVII Urban Hennepin County Community Development Block Grant Funds and authorizing its submittal. He indicated a public hearing was required on the matter. In response to Councilmember Rosene's question regarding the difference between scattered site development and rehabilitation of private property, the City Manager indicated they accomplished some of the same purposes but rehabilitation of private property was a government- supported program. The Assistant EDA Coordinator indicated qualifying income levels were determined in the basis of a formula using a metro area median income. He noted a person with an income level of 60% or less of the metro median would be eligible to apply. Mayor Paulson opened the meeting for the purpose of a public hearing on the Housing and Community Development needs of the City of Brooklyn Center and Urban Hennepin County for the purpose of making recommendations on the proposed use of Year XVII Urban Hennepin County Community Development Block Grant Program Allocation at 4/8/91 - 6- 7:34 p.m. He inquired if there was anyone present who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene to close the public hearing at 7:34 p.m. The motion passed unanimously. RESOLUTION NO. 91 -112 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PROPOSED PROGRAM FOR YEAR XVII URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING ITS SUBMITTAL The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. DISCUSSION ITEMS I LEGISLATIVE ACTION The City Manager reviewed proposed legislation which would provide funding for the wetlands project by imposing surcharges on public water supplies. He indicated the wetlands protection program was proposed to be funded from any one or a combination of three sources: a 6% sales tax on water use charges, an annual surcharge of 50 cents per person served by the public water supply, and /or a substantial increase in the City's water appropriation fee. He noted the City's water appropriation fee had increased from $1,575 to $6,007.50 in 1991. He noted most water bill payers were located in the metro area and most wetlands were located outstate. The Director of Public Works estimated the revenue the State would generate from Brooklyn Center from each funding source if the proposed legislation were to pass. He estimated the 6% sales tax on water use charges would generate approximately $40,000, the annual 50 cent surcharge would generate approximately $14,000 and the increase in the City's water appropriation fee would generate approximately $5,000410,000. He reiterated the fact that the State could employ any one or a combination of these three charges. He noted staff recommended the Council oppose the proposed legislation through passage of a resolution objecting to the use of this method of funding the wetlands program. Councilmember Cohen concurred with the remarks of the City Manager and the Director of Public Works. He commented the money generated by the State through the lottery had originally been earmarked for environmental issues and felt the wetlands preservation was in that category. He was concerned that an increase in the water rates would create 4/8/91 - 7- i an unfair hardship, particularly on certain segments of the population, such as the elderly. He suggested modifying the proposed resolution to incorporate the following: 1) that the impact of such a large increase could potentially drive the cost of fresh water beyond the financial resources of some citizens, 2) there should be no direct relation between funding of the wetlands and fresh water consumption, and 3) the State should seek funding more directly related to the wetlands. Councilmembers Scott and Pedlar concurred with Councilmember Cohen's remarks. Councilmember Scott suggested removing the word "restructuring" from the title of the resolution. In response to Mayor Paulson's question the City Manager indicated a cover letter which would accompany the resolution and be sent to elected officials would touch on proposals the City felt would be a more appropriate alternative. He indicated he would make every effort to research the current use of the State's lottery income. Councilmember Rosene concurred with the remarks and indicated he was opposed to the proposed legislation because it was not a progressive tax. RESOLUTION NO. 91 -113 Member Philip Cohen introduced the following resolution and moved its adoption as amended: RESOLUTION OBJECTING TO PROPOSED FUNDING MECHANISM FOR WETLANDS LEGISLATION The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. PROPOSED LEGISLATION TO AUTHORIZE ESTABLISHMENT OF TRANSPORTATION UTILITIES The City Manager reviewed a resolution regarding proposed legislation to authorize establishment of transportation utilities. The Director of Public Works explained the utilities would operate similarly to the storm /drainage utilities. A charge would be imposed on property owners based upon traffic generated. He indicated the utility, if used by the City, could be a stable source of revenue; however, a disadvantage of the fee would be that the tax was not deductible. He indicated staff recommended approval on the basis that the fee would be available as a tool the City could use in the future if necessary. He was not advocating the City immediately begin the use of a transportation utility. In response to Councilmember Pedlar's question, the Director of Public Works indicated all property owners would be affected based upon actual usage to be determined by a traffic analysis. Commercial and industrial property would be taxed more heavily than 4/8/91 - 8 - C O R R E C T I O N residential property. The Director of Public Works indicated the analysis would result in an average number for each type of property (i.e. single- family residential) and would not be based upon the number of vehicles owned by an individual. Councilmember Pedlar questioned what the costs might be and whether the taxes citizens already pay should be expected to cover transportation - related services. The Director of Public Works indicated costs were not able to be estimated at this point. In response to Mayor Paulson's question, the Director of Public Works indicated the revenue generated from this type of utility would be available for use for trains also. Councilmember Cohen felt the proposed tax was a complicated method of addressing a need which could be met more staightforwardly by a wheelage tax, if warranted. The Director of Public Works indicated the advantage of the proposed utility versus a wheelage tax was that the utility could be collected by the City without being routed through State government. Mayor Paulson commented on a potential problem of the utility, which was there would be no dis- incentive to use. He felt encouraging lesser use of vehicles would lead to more efficient transportation. The Director of Public Works concurred. Councilmember Rosene referring to a wheelage tax, noted if encouraging alternative forms of transportation were successful, funding would then diminish due to decreased vehicle use and thus fees paid. Councilmember Cohen stated he supported the proposed resolution as a p otential tool for the City's use, but requested the experience of other communities be solicited in order to estimate revenue enerated. The Director ector of Public Works indicated that information was not currently vailable but e Y h City would rely on such information in the future before implementing a transportation utility. As a rough guideline, the Director of Public Works indicated the storm /sewer utility fee generated approximately $260,000 for the City. He stated if the transportation p on utility were to generate a similar amount, it would make a substantial contribution to the $1.5 million annual cost of street repair and maintenance. In response to Councilmember Pedlar's question, the Director of Public Works indicated most other communities were supporting the option pp g p to establish a transportation utilit in the future. Councilmember Pedlar was reluctant to support the measure without more information on costs. The City Manager stated the City would make an effort to thoroughly analyze estimated costs and anticipated revenue as the information became available in the future before proposing use of the utility. Councilmember Cohen commented he felt the issue would send a message to the State that cities were competent to make the right decision for their citizens in this area without State intervention. Councilmember Rosene indicated the issue of how to make the utility fair for residents of major roads (i.e. Humboldt Avenue) would need to be addressed. He commented if adopted by other communities, the utility could provide better roads and better transportation throughout the metro area. 4/8/91 .9- RESOLUTION NO. 91 -114 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING LEGISLATION TO AUTHORIZE ESTABLISHMENT OF TRANSPORTATION UTILITIES The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. NATIONAL LEAGUE OF CITIES The City Manager briefly reviewed consideration of membership in the National League of Cities and indicated dues were $1,162 annually. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott directing the City Manager to prepare a resolution providing for membership in the National League of Cities and reappropriating $1,162 from the budget for dues. Vote: Four ayes. The motion passed. Councilmember Cohen abstained. RECOMMENDATION TO PURCHASE ACCIDENT INSURANCE COVERAGE FOR CITY VOLUNTEERS The City Manager briefly reviewed this item. There was a motion by Councilmember Scott and seconded by Councilmember Rosene directing the City Manager to prepare a resolution providing for the purchase of accident insurance coverage for City volunteers. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager reviewed a proposed resolution for the purpose of establishing a Brooklyn Center Ad Hoc Financial Task Force Committee. In regard to membership of the task force, Councilmember Rosene suggested the resolution be amended to provide for membership of a City staff member, with preference given to those residing in Brooklyn Center. The City Manager explained there would be provisions for extensive employee involvement and input; however, he felt it would be best not to have a member of staff directly on the committee as it could perhaps place that employee under undue pressure from co- workers. He felt that getting input from staff members without singling them out as the focus of attention would be preferable. Councilmember Pedlar concurred and the Council agreed the City Manager would work with Councilmember Pedlar to establish an employee input process. 4/8/91 - 10- In regard to subdivision 10, Councilmember Rosene suggested Councilmember Pedlar, as Council liaison, arrange for another Councilmember to act in his place if he were unavailable to attend a meeting. Councilmember Cohen suggested the verbiage be reworded slightly in subdivision 10 to specify "Councilmember Pedlar or his designate..." The Council concurred with this addition. The Councilmembers discussed the role of other Councilmembers in attendance at the task force meetings. In response to a question posed by Councilmember Rosene, the Council concurred that other Councilmembers could attend meetings and speak if they chose, but Councilmember Pedlar would remain the official liaison. Councilmember Cohen noted the purpose of the meetings is to give task force members the freedom to fulfill their purposes. He felt Council attendance at each meeting could possibly hamper progress. Mayor Paulson indicated that regular updates of committee actions and occasional joint meetings should serve as an efficient manner of facilitating communication between the two groups. In regard to subdivision 6, Councilmember Cohen felt the absence policy should be more clearly defined. He suggested removal of the word "unexcused" from the "Resignations - g Removal from Office - Vacancies" section which would result in removal from the task force after three consecutive absences regardless of excuse. Councilmembers Pedlar and Rosene concurred with this suggestion. RESOLUTION NO. 91 -115 Member Celia Scott introduced the following resolution and moved its adoption as amended by Councilmember Cohen: RESOLUTION ESTABLISHING A BROOKLYN CENTER AD HOC CITY FINANCIAL TASK FORCE AND DEFINING DUTIES AND RESPONSIBILITIES The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 91 -116 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION APPROVING PURCHASE AGREEMENT FOR 69TH AVENUE RIGHT -OF -WAY, IMPROVEMENT PROJECT NO. 1990 -10 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 91 -117 Member Celia Scott introduced the following resolution and moved its adoption: 4/8/91 RESOLUTION ACCEPTING PROPOSAL FOR PROFESSIONAL SERVICES RELATING TO HUMBOLDT AVENUE /65TH AVENUE LANDSCAPING, IMPROVEMENT PROJECT NO. 1991 -03, CONTRACT 1991 -D The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. The Council briefly discussed the existing policy in regard the dollar amount of projects which it was not necessary to bid. They concurred to have the matter on a future agenda as a discussion item. The City Manager reviewed a proposed resolution establishing the 1991 diseased tree removal program. Councilmember Cohen questioned the reforestation policy and was told much of this program had been cut due to budget constraints. If money were left over in this area of the budget, it would be put toward some reforestation. Mayor Paulson suggested staff confer with the City of Brooklyn Park, as they have a policy on this matter. Councilmember Rosene mentioned two possible sources of limited but inexpensive reforestation, those being the City of Plymouth, which had previously given away some trees, and a program known as Global Re -Leaf. He suggested Council and staff check into these programs and attempt to locate other sources as well. Councilmember Cohen suggested a possible surcharge on diseased trees for the purpose of reforestation. Councilmember Scott requested the local newspapers aid in informing citizens of the City's limited budget for reforestation and encourage individuals to do their part in replanting trees. Mayor Paulson requested replacement of trees be on a future agenda as a discussion item. RESOLUTION NO. 91 -118 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING THE 1991 DISEASED TREE REMOVAL PROGRAM, APPROVING SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1991 -06, CONTRACT 1991 -G The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager reviewed a proposed resolution amending fee schedules for the administration of tree removal accounts, and the Director of Public Works explained the process in detail. 4/8/91 - 12- The Director of Public Works recommended the Council increase each of the three fees associated with tree removal, those being the administrative fee, the special assessment fee, and the capitalized interest charge. Under administrative fees, he recommended the fee be increased to $44 per tree and $22 for boulevard trees. In the category of special assessments, he recommended the fee be increased to $30. He recommended the capitalized interest charge be increased to $30 per tree. The Council concurred with these recommendations. RESOLUTION NO. 91 -119 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION AMENDING FEE SCHEDULES FOR THE ADMINISTRATION OF TREE REMOVAL ACCOUNTS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Pedlar, and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:05 p.m. CL Deputy City Clerk Mayor Recorded and transcribed by: Ann J. Odden Northern Counties Secretarial Service 4/8/91 - 13 -