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HomeMy WebLinkAbout1991 08-12 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 AUGUST 12, 1991 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order b Ma � Y or Y Todd Paulson at 7:03 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, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, City Engineer Mark Maloney, Personnel Coordinator Geralyn Barone, and Council Secretary Carla Wirth. OPENING CEREMONIES Helen Jacobson 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 invited those present to take a copy of Citizens & Politics a publication from the Citizens League, which reported findings on a survey they conducted regarding citizen involvement in politics. He provided highlights of this survey's findings and suggested Councilmembers read it as groundwork for upcoming meetings this fall. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmembers requested any items be removed from the consent agenda. No requests were made. 8/12/91 I APPROVAL OF MINUTES JULY 22, 1991 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the minutes of the July 22, 1991, regular session as printed. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 91 -188 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1991 GENERAL FUND BUDGET AND APPROVING THE PURCHASE OF EQUIPMENT AND AUTHORIZING THE TRANSFER OF FUNDS FROM DRUG FORFEITURE MONIES The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -189 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF RICHARD J. PLOUMEN The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -190 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 08/12/91) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -191 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CREATING A CERTIFICATE OF INDEBTEDNESS FUND AND SEPARATE WATER AND SANITARY SEWER FUNDS 8/12/91 -2- The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -192 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE THIRD -PARTY AGREEMENT FOR YEAR XVII URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -193 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF TWO MICRO COMPUTERS AND AMENDING THE 1991 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. PERFORMANCE BOND REDUCTION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the Performance Guarantee Reduction for Twin View Development, Inc., 51st and France Avenues North, as recommended by staff. The motion passed unanimously. FINAL PLAT APPROVAL MIDAS MUFFLER - BROOKDALE There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve Registered Land Survey 1191 for Midas MufflerBrookdale with recognition of Condition No. 3 which states that no separate development rights accrue to either parcel apart from the collective development rights of the Brookdale Shopping Center. The motion passed unanimously. LUNACEK ADDITION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the final plat of Lunacek Addition subject to the approval of rezoning Application No. 91003. The motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the following list of licenses: 8/12/91 -3- FOOD ESTABLISHMENT Nutrition World 1271 Brookdale Center GARBAGE AND REFUSE COLLECTION VEHICLE Aagard Sanitation 875 Prior Avenue N. Block Sanitation 6741 79th Avenue N. Hilger Transfer, Inc. 8550 Zachary Lane Nitti Disposal, Inc. 3291 Terminal Drive Randy's Sanitation Route 342 Twin City Sanitation 279 Meadowood Lane Waste Control 95 West Ivy Avenue Woodlake Sanitary Service, Inc. 4000 Hamel Road ITINERANT FOOD ESTABLISHMENT Brooklyn Center Lions 5312 N. Lilac Drive MECHANICAL SYSTEMS Citywide A/C, Htg., & Refrig. 2529 1/2 7th Avenue Midwest Equipment Co., Inc. 300 West University Minnesota Mechanical, Inc. 509 Front Avenue RENTAL DWELLINGS Initial: Ralph T. Guimont 5903 Halifax Place Ray A. Zawislak, Jr. 5543 Judy Lane Michael Shapiro 5115 E. Twin Lake Blvd. Renewal: Howard and Harriet Oien 5809 Brooklyn Blvd. Fred and Judie Swenson 5340 -44 Russell Avenue N. SIGN HANGER Signcrafters Outdoor Display 7775 Main Street NE TAXICAB Town Taxi 2500 Washington Avenue N. The motion passed unanimously. The City Manager informed the Council that item 15 was inadvertently omitted from the Consent Agenda and asked the Council to consider it at this time. Council agreed. 8/12/91 -4- CORRECTION CLASS B LIQUOR LICENSE There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene to approve a CLASS B and Sunday On -Sale Intoxicating Liquor License for GBM of Brooklyn Center, Inc., d/b /a/ Chi -Chi's Brooklyn Center, subject to submittance of final paperwork to the Police Department. The motion passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 91011 SUBMITTED BY SAI ROSSI REQUESTING SPECIAL USE PERMIT APPROVAL TO CONDUCT A HOME BEAUTY SHOP OPERATION IN THE LOWER LEVEL OF THE HOME AT 3000 QUARLES ROAD The City Manager briefly reviewed the staff report on this agenda item. The Director of Planning and Inspection presented details of the Planning Commission's recommendation for approval of the special use permit to conduct a home beauty shop. The location is on the northwest corner of Old Xerxes and Quarles Road which was within a R -1 zoning district and surrounded by residential homes. The applicant has a double wide driveway but was also requesting on- street parking along Quarles Road for clients. It was noted approval was recommended with eight conditions as stated by the Planning Commission, and that a public hearing was required on the matter. Councilmember Cohen questioned the latitude with the Ordinance in regulating employment of a part -time nonresident. The Director of Planning and Inspection reviewed relevant criteria, noting that evaluation of the need for an employee should be done based on the standards of a special use permit. The applicant was only requesting a part -time employee to work when she was gone. Also, this operation would only have one chair. Mayor Paulson opened the meeting for the purpose of a public hearing on Planning Commission Application No. 91011 as outlined at 7:15 p.m. He inquired if there was anyone present who wished to address the Council. Ron Christensen introduced himself as a friend of Sai Rossi, the applicant, and indicated he was assisting her in this application process. He stated that the applicant had no questions. There was no one else who appeared to speak, and Mayor Paulson entertained a motion to close the public hearing. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to close the public hearing at 7:17 p.m. The motion passed unanimously. There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to approve Planning Commission Application No. 91011 submitted by Sai Rossi subject to the following conditions: 8/12/91 -5 - 1. The special use permit is granted only for a one chair home beauty shop as proposed in the applicant's letter dated June 27, 1991. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. 2. The beauty shop shall operate on an appointment -only basis. Hours of operation shall be from 10:00 a.m. to 8:00 p.m. Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturdays. 3. The applicant shall provide the City with a current copy of the state shop license prior to issuance of the special use permit. 4. The applicant shall obtain required permits for plumbing and ventilation work. 5. The applicant shall install a 10 lb. fire extinguisher in the room of the beauty shop. 6. There shall be no more than 10 people in the basement area at any given time. 7. Special use permit approval acknowledges parking of up to two cars associated with the home occupation on Quarles Road in front of the house. All other parking associated with the home occupation shall be on improved space provided by the applicant. 8. Special use permit approval acknowledges the employment on the property of one nonresident employee who shall work on an irregular, emergency basis to fill in when the applicant is unable to make an appointment due to sickness or vacation. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 91012 SUBMITTED BY PATRICIA HILL REQUESTING SPECIAL USE PERMIT APPROVAL TO OPERATE A DANCE STUDIO IN THE RESIDENCE AT 6907 GRIMES AVENUE NORTH The City Manager briefly reviewed the staff report on this agenda item. The Director of ` Planning and Inspection presented details of the Planning Commission's recommendation fora approval of the special use permit to operate a dance studio for children Pr 1' � r • • c and aerobics classes. The dance classes would be primarily for children with a total class time of approximately ten to fifteen hours per week and no more than six children at any one time. The applicants projected a total of 25 to 50 students during the first year. Classes would be conducted in the 24x24' family room which was added to the home in 1986. It was noted approval was recommended with six conditions as stated by the Planning Commission, and that a public hearing was required on the matter. Councilmember Scott questioned the applicant's plans for recitals. Patricia Hill, the applicant, indicted she would be using the high school for recitals, never the home property. Mayor Paulson opened the meeting for the purpose of a public hearing on Planning Commission Application No. 91012 at 7:23 p.m. He inquired if there was anyone present who wished to address the Council. No one else appeared to speak, and Mayor Paulson entertained a motion to close the public hearing. 8/12/91 -6- There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene to close the public hearing at 7:23 p.m. The motion passed unanimously. Councilmember Rosene suggested, and Council agreed, to add a seventh condition prohibiting recitals at this residential property. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve Planning Commission Application No. 91012 submitted by Patricia Hill subject to the following conditions: 1. The special use permit is granted only for a home dance studio as proposed in the applicant's submittal of July 9, 1991. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. 2. The dance studio shall involve instructions in dance in classes not to exceed 10 people. 3. House of operation shall be between 10:00 a.m. and 8:00 p.m. Monday through Friday and between 9:00 a.m. and noon on Saturdays. 4. All parking associated with the home occupation shall be off - street on improved space provided by the applicant. 5. The applicant shall install a 10 lb. fire extinguisher in the room used for classes. 6. Noise from the dance classes shall not be perceptible beyond the property lines of the lot on which the classes are conducted. 7. Dance recitals, or other activities involving spectators may not be conducted per this Special Use Permit. Any such activity must be conducted at another site. The motion passed unanimously. ORDINANCES The City Manager presented an Ordinance Amending Chapter 23 of the City Ordinances Regarding General Licensing Regulations. He indicated first reading of this ordinance was approved by the Council on July 22, 1991, along with several amendments which he then reviewed. The Personnel Coordinator provided a detailed explanation of the amendments made to the draft ordinance as well as to the penalty section. Amendments included changing "cigarette" to "tobacco related products," "dispose of to "dispense," prohibiting sale of single packs to clerks 18 years or older and gender changes. Notice of the meeting tonight and copies of the proposed ordinance was sent to license holders and interested parties. Councilmember Rosene questioned points made at the last meeting regarding the Tobacco Access Law and selling cigarettes to minors who had a note from their parents. The City Attorney stated this was covered by State law, but there was no harm in including it since it might help with public education. 8/12/91 -7- i Councilmember Scott stated in talking with law enforcement personnel, she understood the problem with penalty for youth purchasing tobacco products and the difficulty involved with enforcement and demand on the Police Department. She suggested the ordinance be amended to provide a larger emphasis on tobacco use education at schools and homes. Councilmember Rosene agreed that better education was essential, but he would like to go on record in support of future discussions on the possibility of instituting consequences for minors who pursue trying to purchase tobacco, such as informing their parents. He also supported including into the ordinance a provision that would not preclude the City's law enforcement agency from enlisting a minor's assistance in checking compliance. Councilmember Rosene suggested the penalty section include a seven day suspension for the first offense, 14 -day suspension for a second violation within a two year period, and license revocation for a third offense within a two year period. Councilmember Pedlar questioned the penalty for sale of liquor to a minor. The City Attorney explained the Council had the authority to revoke or suspend the license, or levy civil fines against a liquor license holder. Councilmember Pedlar stated he viewed the sale of tobacco to a minor as equally significant, and he would support including consequences. The City Manager pointed out the flexibility was reduced if a more specific penalty section was included. It would also limit the Council's ability to react to unusual circumstances. This was taken into consideration with the Liquor Store Ordinance which contained no specific guidelines and allowed the Council to consider each circumstance as it came before them. Councilmember Cohen stated he was also concerned about the burden being placed on the Police Department if consequences were placed on minors who attempt to purchase tobacco products. He disagreed with Mr. Johnson's comment at the last meeting that the City should not penalize "children" and his definition of "children ". Councilmember Cohen stated he supported consideration of this matter in the future along with institution of a better educational program on the health effects of smoking. He added that he did not support prohibiting young adults under 18 years from selling cigarettes, since it may be part of their job responsibilities. Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 23 of the City Ordinances Regarding General Licensing Regulations at 7:42 p.m. He inquired if there was anyone present who wished to address the Council. John Olson, Director of Research for the Minnesota Grocers Association, informed the Council that the Association opposed the proposed ordinance. He explained that when the Legislature adopted a law making it a gross misdemeanor to sell to a minor, they requested a legal opinion and were told that they could no longer sell to a minor who had a note from their parent. Mr. Olson explained that they were consistently working with license holders to improve their procedure of checking identification before selling tobacco products. He 8/12/91 -8 - felt the proposed ordinance would cause supermarkets to incur a great capital expense, since they do not normally have single packets behind each counter. The ordinance would force them to build a service department to handle the sale of single packet cigarettes which would also result in an inconvenience for shoppers, since they would have to make a second purchase to obtain cigarettes. Another consideration was the added labor expense. Mr. Olson stated the Association also opposed the prohibition of allowing 18- year -olds to sell tobacco products since there was no evidence that 16- 18- year -olds sold tobacco products to minors at a frequency higher fre than those over 18 ears. This provision would also result g q Y Y P in the difficult decision of store management whether they were willing to hire younger clerks. Mr. Olson pointed out it was a positive part of a work experience for 16- 17- year -olds to learn responsibilities with the cash drawer, food stamps and coupons and tobacco product sales. He added that only three cases of a sale to a minor have been prosecuted. Mr. Olson encouraged the Council to work with existing tools and become more aggressive with enforcement of existing laws before requiring the license holder to make capital improvements and additional labor expenditures. Dr. Jean Forester, University of Minnesota (U of M) Public Health Department, expressed support of the proposed ordinance because it provided the next step to controlling sale of tobacco products to minors. She believed that smoking had become a childhood epidemic since many young people started at the age of 13. She emphasized her point by informing the Council that about 1,000 people would die from AIDS this year, but more than 1,000 people would die from tobacco product use today. Ms. Forester explained that the U of M Research Department had been monitoring the ability of young people to purchase tobacco products in Brooklyn Center. Immediatel after the City adopted the ordinance limiting sale Y h' P g via vending machines, they sent a 15- year -old girl into various locations to attempt to purchase tobacco products. This minor was successful 45% of the time. This same procedure was done in May of 1991, and the minor was successful 52% of the time. Randy Rau, owner of the Holiday Station at 69th Avenue and Brooklyn Boulevard, expressed concern about restricting clerks under 18 years from selling tobacco products. He explained that he had six employees and preferred to hire seniors in high school who were able to work more than one year before leaving for college. He had found that employees of this age were very responsible and often times they were in full charge of the station. If the City adopted the proposed ordinance, he would have to hire a second older clerk so cigarettes could be sold. Also, he would lose good employees and have to reconsider hiring younger clerks. Mr. Rau pointed out clerks under 21 years could sell beer and bartend. Mayor Paulson pointed out that this was a business decision that license holders would have to make based on employee cost versus the amount of profit made from selling tobacco products. He added that the Council was pursuing social policies which were in the best interest of the community. 8/12/91 - 9 - Mr. Rau indicated about one -half of his customers also purchased cigarettes. A brief discussion was held regarding employee procedures in selling tobacco. Mr. Rau commented that adoption of the proposed ordinance would result in penalizing younger people from being hired as clerks. Councilmember Rosene commented that Dr. Forester's survey found that minors were successful 52% of the time in purchasing tobacco products this past year. Mr. Rau stated this did not surprise him because "if you don't sell them, the store next door will'. He pointed out that the survey did not indicate how old the selling clerks were. Tom Iverson, representing SuperAmerica, emphasized that SuperAmerica did not support the sale of cigarettes to minors and had gone to great lengths to train cashiers in proper identification procedures. Their employees were also required to sign a statement indicating release from employment for violation of these procedures. Mr. Iverson stated SuperAmerica had conducted surveys indicating they had 80% compliance on stopping the sale of tobacco products to minors. With regard to hiring minor employees (under 18 years) their larger store had 35 employees, 11 of which were 17 years old. Adoption of the proposed ordinance would result in their giving further consideration to hiring a 17- year -old. Mr. Iverson explained that their stores operated on a tight budget with clerks also bearing the responsibility of restocking, cleaning, etc. in addition to acting as cashier. The proposed ordinance would necessitate having one 18- year -old clerk at the cashier station at all times. Dr. Duane Orn, family practitioner in Brooklyn Center, thanked the Council for the opportunity of providing input regarding this matter. He spoke in favor of adoption of this ordinance due to the harm that tobacco use had on youth and adults as well. Also, as a former smoker, he understood the difficulty in quitting. Dr. Orn explained he had some reservations about not allowing minor clerks since he worked as a clerk at the age of 17 and did not sell to minors. He suggested the Council adopt the ordinance as a way to deter minor's use of tobacco products. Councilmember Cohen questioned the type of education or mandatory programming that could be used to dramatize the effects of smoking for young people. Dr. Orn explained that the American Cancer Society and American Lung Society both had programs. Also, he had spoken to school groups about this issue. Dr. Orn agreed that sometimes deterrents must also be considered and suggested that the Council also address the problem of theft of tobacco products by minors. He agreed that restricting the location of single packs of cigarettes to behind the counter area would greatly reduce shoplifting. Dr. Orn pointed out that tobacco products, liquor and firearms all had different restrictions. In response to Councilmember Rosene's question, Dr. Forester stated she had no specific information regarding the age of clerks selling tobacco P roducts to minors, but she felt that it was more difficult for a oun er clerk to refuse the sale to another young person due t Y g Y gP o peer pressure. Councilmember Rosene concurred that peer pressure was a consideration. He suggested that the Council consider adoption of the proposed ordinance without. the provision of having to be 18 years to sell tobacco products. The Council could then monitor this issue and reconsider it as more information became available. 8/12/91 - 10 - John Daugherty, 6424 Orchard Avenue, stated he supported the ordinance as submitted. He agreed that economic issues were involved but believed they were only short -term and would be resolved within a year. Mr. Daugherty added he had two children and would like to restrict their access to tobacco products as much as possible. He was a former smoker and understood the dangers involved. Donna Ziska stated she also supported the ordinance due to health issues. She pointed out that most grocery stores have service counters and could easily adapt to different selling procedures for tobacco products by issuing coupons or vouchers that were paid for at the checkout lane and then redeemed at the service counter. Ms. Ziska stated she did not want to hinder jobs for 16 year olds, but felt they were too young to be left in full charge of a service station. She felt the proposed ordinance would restrict tobacco access to minors and was the "first step There was no one else who appeared to speak, and Mayor Paulson entertained a motion to close the public hearing. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to close the public hearing at 8:20 p.m. The motion passed unanimously. Councilmember Scott suggested the penalty provision to minors be discussed in the future after various options were researched. She informed the Council that the Robbinsdale schools had an extensive smoking program where any minor found with tobacco products must attend "Smoker's School ". Nonattendance resulted in suspension from school. Councilmember Scott stated she supported greater school involvement with educational programs. The City Manager commented that the Drug Awareness Committee might have input on this issue. Councilmember Cohen concurred with not imposing a penalty to minors at this time since a program was not currently available. He also agreed that this issue needed to be re- discussed. With regard to prohibiting clerks under 18 years from dispensing tobacco products, Councilmember Cohen stated he would support eliminating this section. If the Council saw incidents of violation they could then consider amending the ordinance to add it. He felt the ordinance was a step in the right direction since it would restrict the sale of single packs of cigarettes and make them less accessible to minors. Councilmember Rosene responded to Mr. Olson's previous comment about enforcing existing State Statutes by pointing out that the Council felt the proposed ordinance would overcome the existing reluctance to prosecute the sale of tobacco products to minors by applying civil penalties versus harsher gross misdemeanor penalties. Councilmember Pedlar stated he was an advocate of a penalty provision and was concerned about adopting an ordinance that did not include consequences 'for a minor attempting to purchase tobacco products. He indicated he would be willing to table it at this time for 8/12/91 further discussion. Councilmember Pedlar stated he supported the ordinance but was concerned about restricting 16 and 17- year -olds from selling tobacco products. He stated this had been a difficult decision for him since he agreed with Dr. Forester's comments regarding peer pressure, but had also seen 21 to 22- year -old clerks selling tobacco to someone who appeared to be a minor without first requesting identification. Councilmember Rosene stated he had also struggled with this issue since he did not want to remove the profit from businesses but was also concerned with health issues to minors. He indicated he would ,support adoption of the ordinance with the removal of the age restriction. Mayor Paulson pointed out that tobacco products were very available to minors, and he supported adoption of an ordinance that would restrict their access. He added that the Brooklyn Center Council had been very progressive in dealing with public health issues, and the revocation provision in this ordinance would allow the Council to look at violations on a case by case basis. Mayor Paulson expressed concern about discretionary judgement and peer pressure with younger clerks and indicated that the ordinance was a viable step toward an improved approach to public health issues. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to eliminate from the proposed ordinance draft the following two sentences from Section 23- 10[5]6: "A licensee shall not permit an employee under eighteen (18) years of age to sell or otherwise dispense tobacco related products. No person under eighteen (18) years of age may sell or otherwise dispense tobacco related products." Vote: Four ayes, one nay. The motion passed. Councilmember Pedlar voted nay. ORDINANCE NO. 91 -12 Member Dave Rosene introduced the following ordinance as amended and moved its adoption: AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING GENERAL LICENSING REGULATIONS The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott. Vote: Four ayes, one nay. The motion passed. Councilmember Pedlar voted nay. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to request recommendations from the Drug Awareness Committee regarding consequences for minors attempting to purchase tobacco products including an enforcement mechanism and to direct staff to compile a list of other ordinances affecting juveniles that include consequences for their action. The motion passed unanimously. 8/12/91 _ 12 - RESOLUTION AMENDING CITY COUNCIL RESOLUTION NO 87 -31 REGARDING THE SCHEDULE FOR VARIOUS LICENSE FEES The City Manager presented a resolution amending various license fees. The Personnel Coordinator explained the current annual fee of $15 would continue to cover the administrative cost of granting a license. The proposed increase of $35, to an annual fee of $50, would cover code enforcement expenses which have not been recovered in the past. It is believed that the proposed ordinance would increase the number of possible violations related to the location of tobacco related products. Councilmember Cohen asked if staff had determined that an annual fee of $50 would generate enough to cover administrative and enforcement costs. The City Manager explained that it was an estimate. Councilmember Cohen stated it was important that fees cover the City's costs due to budget constraints and loss of State aid funds. He suggested, I II and Council agreed, that this matter be reevaluated during budget time. RESOLUTION NO. 91 -194 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION AMENDING CITY COUNCIL RESOLUTION NO. 87-31 REGARDING THE SCHEDULE FOR VARIOUS LICENSE FEES The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:40 p.m. and reconvened at 8:50 p.m. The Council concurred to hear item 10b next due to members of the public present. WATER SLIDE PROPOSAL The City Manager explained that several months ago the Council had discussed a water slide and directed staff to prepare a report. Staff had found that use of the community center pool had reduced over the past several years and resulted in lower revenue while the cost of operating the pool had risen. Other communities had constructed water parks with water slides and found a dramatic increase in usage. The Park and Recreation Commission has researched this matter and recommended the Council authorize construction. The Director of Recreation informed the Council revenue from the community center no longer covered expenses, and he suggested they consider other alternatives. In response to Councilmember Cohen's question, the Director of Recreation reviewed the experience other municipalities that had constructed water slides. Councilmember Pedlar stated while he supported implementation of a water slide, he.felt the Park and Recreation Commission should address what impact it would have on other 8/12/91 - 13 - CORRECTION programs, such as the Brooklyn Swim Club. The Director of Recreation explained that he did address this matter with Jim Reese, president of the Swim Club. y The City Manager informed the Council that he asked the Director of Recreation to research all ways the pool could make money. He commented the Swim Club survived and prospered when the pool was first opened and very busy. He believed they could work out scheduling to accommodate the Swim Club and a water slide operation. The Director of Recreation explained he would like to be able to open the water slide the day after Christmas. The City Manager reviewed the design and bidding schedule. Councilmember Pedlar suggested the Park and Recreation Commission schedule a special meeting to discuss the Brooklyn Swim Club issue. The City Manager pointed out that there was no intention of eliminating the Swim Club because of the water slide and he believed both could be included. Councilmember Cohen questioned subsidizing of the Swim Club. The Director of Recreation explained that the City paid for coaches and was then reimbursed by the Swim Club, but things such as workman's compensation costs were not fully reimbursed. With regard to membership, 20% of active members and 10% of inactive members were residents of Brooklyn Center. Their total membership was 107 active members and 47 inactive members. Councilmember Cohen agreed that both programs could be worked out, and he would be willing to move forward with the water slide project while the Park and Recreation Commission addresses scheduling issues. Councilmember Pedlar concurred. There was a motion b y Councilmember Pedlar and seconded by Councilmember Cohen to i support a water slide and direct staff to prepare a project approval and funding resolution and refer the matter of pool use scheduling conflicts to the Park and Recreation i Commission for their recommendation. Mayor Paulson stated he was an alumni of the Brooklyn Swim Club and felt Brooklyn Center had a unique pool since it was the only Olympic pool in the Metro area. He added that the policy of the Council should be to promote programs rather than profits. Ernie Erickson, 6800 Drew, stated he was acting as spokesperson for the Brooklyn Swim Club. He explained that they did not oppose a water slide and would encourage the Council to consider any option that would make the community center pool a viable entity. The Brooklyn Swim Club boardmembers would like to cooperate with the Director of Recreation and the Park and Recreation Commission to resolve scheduling issues. Mr. Erickson stated he would type out his notes and submit them for Council review. Councilmember Rosene stated the tentative water slide hours, as outlined, did not impact the Brooklyn Swim Club's practice times and he felt staff would work out any scheduling conflicts. He questioned scheduling of swim practices. Mr. Erickson explained they would be willing to revise the schedule. He informed the Council that one of the difficulties in 8/12/91 - 14- attracting children to the Swim Club was the lack of a varsity swimming program at the school which served the eastern side of Brooklyn Center. Councilmember Rosene stated he would like to see a schedule that was satisfactory to all parties. l The motion passed unanimously. Y The Council concurred to hear item 9f next due to members of the public present. ORDINANCES The City Manager presented an Ordinance Amending Chapter 12 of the City Ordinances Extending the Housing Maintenance and Occupancy Code to Include Commercial and Industrial Properties for first reading. The amendment was being considered due to concern for potential maintenance problems with nonresidential properties. The City Manager explained that this lengthy ordinance would have to be republished if significant changes were made at second reading. Because of this, he suggested the Council address their concerns and make any desired changes before approving first reading. The City Manager then reviewed the proposed ordinance and amendments. He noted that the Council might find other changes that needed to be made after it was in effect. At that time, the ordinance could be amended to incorporate those revisions. It was noted that enforcement of this ordinance would be primarily on a complaint and observation basis. The reinspection fee would result from uncompleted items in compliance orders. Also, the rental dwelling license holder would be required to prevent disorderly activities on their premises. It allowed the City Manager to provide notice to the license holder of violations and direct that person to take steps to prevent further violations. If other disorderly conduct occured within three months of the first notice, a second notice was sent requiring the license holder to respond in writing as to what actions have been taken or were proposed to be taken to prevent further disorderly use of the premises. If another disorderly instance took place within three months, the City Manager could recommend to have the license denied, revoked or suspended after a hearing by the Council. The Director of Planning and Inspection pointed out that the program for recertification of occupancy for nonresidential properties which is made mention of in the ordinance amendment would require additional personnel for implementation, and staff was not recommending implementation at this time. This type of program could be started in the future if Council believed it was necessary. Councilmember Pedlar asked if more enforcement capabilities regarding disorderly activities could be added to strengthen the ordinance. The City Attorney explained that residents proposed this ordinance to regulate disorderly activities at rental properties. He reviewed enforcement options with criminal and civil proceedings. 8/12/91 - 15- Councilmember Cohen asked if the time frame for violation notices and compliance could be shortened. The City Attorney indicated that it could. The Director of Planning and Inspection explained that this ordinance would provide notice to the property owner of action by the tenant and place the burden on the property owner. If the violation involved disturbing the peace, the City could take action to have that individual charged with a violation and then notify the owner of the activity. The Director of Planning and Inspection asked the Council if they would like to send special notice of this ordinance amendment to the Chamber of Commerce and /or individual property owners. He suggested this information be distributed prior to a public hearing being held. Councilmember Scott suggested the City notify all license holders that this ordinance was being considered along with a brief description, and a copy of the ordinance was available at City Hall. Councilmember Scott stated she supported the proposed ordinance, felt it was well written with clear enforcement sections, and agreed the burden should be placed with the license holder. Councilmember Cohen agreed and indicated support of the ordinance since it targeted properties where maintenance was a problem and addressed owners who were reluctant to comply. The Council then discussed the enforcement and penalty provision. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to approve for first reading An Ordinance Amending Chapter 12 of the City Ordinances Extending the Housing Maintenance and Occupancy Code to Include Commercial and Industrial Properties and scheduling a public hearing date of September 9, 1991, at 7:15 p.m. The motion passed unanimously. Councilmember Pedlar suggested the Council begin work on an ordinance to address homeowner blight, such as appliances sitting outside for three weeks. The City Manager responded that the existing ordinance addressed this situation and asked that City staff be notified of this type of occurrence. Councilmember Cohen agreed this could be frustrating, but the City did have a process that could be followed to remedy the situation. A brief discussion was held regarding compliance for this type of situation. Mayor Paulson suggested this matter be discussed further at a future work shop. The Council concurred to hear item 9d next due to members of the public present. ORDINANCE The City Manager presented an Ordinance Amending Chapter 34 of the City Ordinances Regarding the Allowable Size of Space for Lease Real Estate Signs noting that the proposed ordinance does not contain a sunset provision. The Director of Planning and Inspection reviewed amendments that were directed by the Council at first reading on July 22, 1991. Councilmember Rosene stated he understood the Council had indicated support of a sunset provision for the entire ordinance. The City Attorney explained staff proposed a sliding 8/12/91 - 16- sunset provision, but language could be incorporated for a standard sunset after one year (except for use of vehicles). He further stated he had available additional sunset language for consideration this evening. Councilmember Cohen reviewed the August 7, 1991, minutes of the Commercial Real Estate Sales Sign Meeting which he attended along with several staff members. He stated he felt policy development should be conducted at the Planning Commission level and suggested they look at how this ordinance would affect the existing sign ordinances. Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 34 of the City Ordinances Regarding the Allowable Size of Space for Lease Real Estate Signs at 10:12 p.m. He inquired if there was anyone present who wished to address the Council. Kent Warden, BOMA, stated he had addressed the Council previously on this issue and shared the Council's goal of keeping Brooklyn Center attractive and appreciated the Council's willingness to work with them. He explained that this was a difficult time for marketing, and they have found that signs were an effective tool. Also, Brooklyn Center property must compete with surrounding communities. He requested that the Council reconsider the option of wall mounted signs and institute an annual or every two year review rather than a sunset provision. Councilmember Cohen stated he did not feel the aesthetic issue had been fully addressed. He questioned the location of signs. The Director of Planning and Inspection used overheads to indicate areas where this type of sign was present. There was no one else who appeared to speak, and Mayor Paulson entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to close the public hearing at 10:20 p.m. The motion passed unanimously. Councilmember Rosene stated he would like to see a slide presentation of the signs in question and further discussion on the matter by the Planning Commission. Councilmember Cohen concurred and suggested a joint meeting with the Planning Commission be scheduled to discuss how the Council would like policy issues like this handled in the future. He stated he would like to see a study demonstrating that signage was vital in filling vacancies. Councilmember Cohen stated he supported a sunset provision. Mayor Paulson commented that one of the glass office buildings by the Earle Brown Heritage Center has had a vacancy sign up for some time even though they now were almost full. He added that he was not convinced about the effectiveness of this type of signage and pointed out that these signs seem to stay up once they were installed. Mayor Paulson stated he agreed that aesthetic issues also need to be considered, and he felt that the established policy was being departed from. 8/12/91 - 17- i ORDINANCE NO. 91 -13 Member Philip Cohen introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES REGARDING THE ALLOWABLE SIZE OF SPACE FOR LEASE REAL ESTATE SIGNS The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott. Vote: Four ayes, one nay. The motion passed. Mayor Paulson voted nay. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to refer this matter to the Planning Commission and request a joint meeting with them at the earliest date possible. The motion . assed unanimously. Y The Council concurred to hear item 11 G next due to Springsted representatives who were present. RESOLUTIONS (CONTINUED) The City Manager presented a ^ Resolution Awarding the Sale of $3,000,000 General Obligation State Aid Street Bonds for the Council's consideration. Bob Thistle, Springsted, reviewed the four bids that were received today and recommended the bid be awarded to the low bidder, Piper, Jaffray & Hopwood, Inc. RESOLUTION NO. 91 -195 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION AWARDING THE SALE OF $3,000,000 GENERAL OBLIGATION STATE E AID STREET BONDS, SERIES 1991B• FIXIN THEIR R FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT The motion for the adoption of the foregoing resolution was duly econded b member Jerry Y Y Pedlar, and the motion . assed unanimously. Y RESOLUTION NO. 91 -196 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RELATING TO FUNDING OF THE CITY OF BROOKLYN CENTER, $3,000,000 GENERAL OBLIGATION STATE AID STREET BONDS, SERIES 1991B 8/12/91 -18 - The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. ORDINANCES (CONTINUED) The City Manager presented for second reading An Ordinance Fixing Certain Compensation to be Paid to the Elected Officials of the City of Brooklyn Center. It was noted the City Council had approved first reading of this ordinance on July 22, 1991. This item related to the establishment of per diem pay for the Mayor and Councilmembers. Mayor Paulson stated it was important for Councilmembers to attend various meetings during the workday, but it resulted in a financial loss to do so. The Council would like to facilitate and encourage the Council's attendance at these meetings. Mayor Paulson suggested that the effective date be amended to make the ordinance effective 30 days after legal publication. Councilmember Cohen asked if this type of ordinance could be effective before the next election. The City Attorney explained that there was currently no Attorney General's opinion on this matter; however, the ordinance cannot be effective until after the next election if the reimbursement was for compensation. He added that this was true if the reimbursement was in addition to out -of- pocket expenses such as meals. Councilmember Cohen asked if it makes a difference if the Councilmember had to take time off from his job. The City Attorney stated it was still his opinion that the cost was for compensation. Councilmember Rosene explained that as a teacher, he was required to pay the School District an equivalent amount the District would have to pay a substitute teacher. He asked if this type of expense was reimbursable or considered compensation. The City Attorney stated he felt compensation was involved if the money pays for the Councilmember's time. This type of compensation provision could not take effect until after the next election. Mayor Paulson pointed out that per diem encouraged attendance at meetings, and he felt the City's Charter made a difference between expenses, salary and compensation for out -of- pocket expenses. The City Attorney responded that the definition of "salary" was compensation based on an annual basis, and the definition of "per diem" was compensation based on a daily basis. He felt both resulted in compensation, not reimbursement. The City Attorney informed the Council that he had reviewed copies of ordinances from other communities where per diem payment was provided for and in all cases the per diem was made effective after a municipal election. Councilmember Cohen suggested the City Attorney draft a letter for Council review requesting a formal legal opinion from the Attorney General including examples of time missed from work, etc. The City Attorney agreed that the City should obtain as much guidance from the Attorney General as possible. 8/12/91 - 19- Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Fixing Certain Compensation to be Paid to the EIected Officials of the City of Brooklyn Center at 10:55 p.m. No one appeared to speak and Mayor Paulson entertained a motion to close the public hearing. There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to close the public hearing at 10:55 p.m. The motion passed unanimously. Mayor Paulson stated he felt the Charter clearly made a definition difference between reimbursement and compensation and it was within the Council's power to accept a per diem payment in lieu of expenses for meeting attendance. The City Attorney explained that the Statute requirement could not be eliminated by converting salary calculated on an annual basis to salary calculated on a daily basis. He added that if Councilmembers were paid reasonable out -of- pocket expenses plus $50 per day, the definition of the $50 P a Y ment would be considered as salary within the legislative intent. Mayor Paulson stated he would support getting voter input on this matter and recommended the ordinance be adopted with no amendment to the effective date. ORDINANCE NO. 91 -14 Member Dave Rosene introduced the following ordinance and moved its adoption: AN ORDINANCE FIXING CERTAIN COMPENSATION TO BE PAID TO THE ELECTED OFFICIALS OF THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing ordinance was duly seconded b member P g g Y Y Philip Cohen, and the motion passed unanimously. There was a motion by Councilmember Rosene and seconded by Councilmember Cohen to direct the City Attorney to draft a letter to the Attorney General requesting a legal opinion on this matter for the Council's review. The City Attorney noted that the Attorney General may charge an hourly fee for drafting this opinion. The City Manager stated the matter would be back for reconsideration if the fee involved a large cost. The motion passed unanimously. ORDINANCE The City Manager presented An Ordinance Fixing Council Salaries. It was noted the City Council had previously tabled consideration of first reading to allow for further discussion. 8/12/91 -20- Mayor Paulson suggested salaries be fixed at $11,500 for the Mayor and $7,500 for Councilmembers which reflects increased work load and additional meetings. The proposed salaries were lower than those paid in 1991 by the city of Brooklyn Park. Councilmember Cohen concurred and pointed out that the salary inequity resulted when the Council did not raise the salary for eight years. He suggested staff calculate results of instituting a cost of living increase on a regular basis for discussion at the . ublic hearing. g Councilmember Cohen pointed out that Brooklyn Center had been active in influencing policy decisions at the State and County level and by attending various committee meetings which were often held during the workday. Councilmember Scott agreed that restricting a Council salary increase for eight years resulted in very low salaries compared to other communities. She commented that while the Councilmembers do not serve the City to make money, they should not lose money either. Councilmember Scott explained that her paycheck was docked for one -half of a day if she took even one hour off, and docked a full day of she took over four hours to attend a meeting. Councilmember Cohen pointed out that this increase, which would be effective January 1, 1993, would encourage people to run for office with the understanding they would not be penalized financially for serving on various committees. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to approve for first reading An Ordinance Fixing Certain Compensation to be Paid to the Elected Officials of the City f Brooklyn Center establishing the annual ty y g a salary for Councilmembers at $7,500 and the annual salary for the Mayor at $11,500. The motion passed unanimously. Mayor Paulson reminded the Council of meetings scheduled for the National Civic League. Councilmember Cohen suggested the Council consider scheduling a retreat or work shop for late September or early October to discuss the option of having a third Council meeting every month. ORDINANCE The City Manager presented An Ordinance Vacating Drainage and Utility Easements in Olson's Island View Terrace. It was noted that first reading was approved on July 8, 1991. The applicant was requesting the vacation of drainage and utility easements along the existing lot lines of Olson's Island View Terrace and would rededicate similar easements adjacent to the replatted lot lines of E & H Properties Addition. ORDINANCE NO. 91 -15 Member Celia Scott introduced the following ordinance and moved its adoption: 8/12/91 -21 - AN ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENTS IN OLSON'S ISLAND VIEW TERRACE The motion for the adoption of the foregoing ordinance was duly seconded by member Dave Rosene, and the motion passed unanimously. DISCUSSION ITEMS . PROFESSIONAL SERVICES PROCUREMENT POLICY The City Manager informed the Council that staff had researched the issue of a policy for the procurement of professional services. The Director of Public Works provided a detailed review of the report and a draft policy statement. In response to Councilmember Cohen's questions, the Director of Public Works explained that "preeminently qualified" would also relate to a company's expertise beyond Brooklyn Center. While Black & Veech was very knowledgeable about the Brooklyn Center water system, there may be another company who was also qualified based on experience with a different city. The Director of Public Works explained that the exceptions included in the report were if there was only one consultant that was qualified in the entire field. Councilmember Cohen questioned changing consultants in multi -phase projects like 69th Avenue. The Director of Public Works agreed the City would need to be careful about the selection of a consultant during the first phase and would not want to make a commitment to one consultant alone during the first phase of a multi -phase project; however, there was benefit to continuity and a good probability that the consultant would be used for subsequent phases as long as the fees remained reasonable and work remained competent. The consultant would have to submit a proposal for each stage of the project. Mayor Paulson complimented staff on the proposed Procurement Policy. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve the Professional Services Procurement Policy as presented. The motion passed unanimously. There was a motion by Councilmember Rosene and seconded by Councilmember Cohen to direct staff to solicit a proposal from Short Elliott Hendrickson, Inc. for the final phase of 69th Avenue. The motion passed unanimously. NATIONAL CIVIC LEAGUE CONFERENCE IN MINNEAPOLIS The City Manager reviewed the tentative schedule for the 97th National Conference on Governance September 19 -21 "Civics and Politics in the '90: Creating Community for Everyone ". Some expenses were involved but staff felt a "trade out" with Atrium could be arranged. 8/12/91 -22- Mayor Paulson encouraged the City to be aggressive in getting people involved with Brooklyn Center. He pointed out that during times of tight budgets it was important for the City to use volunteer help. He was working with three Conference speakers who were interested in meeting with Brooklyn Center people during this conference and sharing some of their expertise and information on this subject. He felt this Conference would provide a unique opportunity for the City to hear very interesting speakers and encouraged Councilmembers to also attend the Conference which would be held at the Minneapolis Hyatt Regency Hotel. Mayor Paulson stated he felt it was important that all policy was being set by the people. Motion by Councilmember Cohen and seconded by Councilmember Rosene to approve the concept of scheduling public policy speakers. The motion passed unanimously. RESOLUTIONS (CONTINUED) RESOLUTION NO. 91 -197 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR PHASE I IMPROVEMENTS (SOIL CORRECTION IN PALMER LAKE SEGMENT OF 69TH AVENUE, COMPENSATING STORAGE AND WETLAND MITIGATION) IMPROVEMENT PROJECT NO. 1990 -10, CONTRACT 1991 -1 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION The City Manager explained that the Corp of Engineers was requiring the City to have and provide for an archaeological individual on -site during construction. Staff solicited proposals and recommend Robert G. Thompson be hired. RESOLUTION NO. 91 -198 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL FOR PHASE III ARCHAEOLOGICAL STUDIES, 69TH AVENUE IMPROVEMENT NO. 1990 -10 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -199 Member Philip Cohen introduced the following resolution and moved its adoption: 8/12/91 -23- RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) COMPACT CARGO VAN ;1 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. AUTHORIZE EXECUTION OF QUIT CLAIM DEED The City Manager explained that the execution of a Quit Claim Deed for the Brooklyn Farm- Brookdale Corporate Center was a housekeeping matter. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the authorization to execute the Quit Claim Deed for Lot 1, Block 1, Brooklyn Farm- Brookdale Corporate Center. 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 Br Glyn ter City Council adjourned at 11:55 a.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Carla Wirth Northern Counties Secretarial Service 8/12/91 -24-