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HomeMy WebLinkAbout1990 06-25 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 JUNE 25, 1990 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:26 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Celia Scott, Todd Paulson, Jerry Pedlar, 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, EDA Coordinator Brad Hoffman, Public Works Coordinator Diane Spector, and Administrative Aide Patti Page. INVOCATION The invocation was offered by Mayor Nyquist. OPEN FORUM Mayor Nyquist 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. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. Councilmember Cohen requested item 7d be removed from the consent agenda. APPROVAL OF MINUTES - MAY 7 1990 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the minutes of the May 7, 1990, City Council meeting. The motion passed unanimously. APPROVAL OF MINUTES - 21 1990 - REGULAR SESSION There was a motion b Councilmember Scott and nd seconded by Councilmember Pedlar to approve the minutes of the May 21, 1990, City Council meeting. The motion passed unanimously. APPROVAL OF MINUTES - JUNE 11 1990 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the minutes of the June 11, 1990, City Council meeting. The motion passed unanimously. RESOLUTIONS 6/25/90 _1_ RESOLUTION NO. 90 -122 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES (ORDER NO. DST 06 /25/90) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 90 -123 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN METROPOLITAN CLINIC OF COUNSELING, INC. AND THE CITY OF BROOKLYN CENTER FOR AN EMPLOYEE ASSISTANCE PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 90 -124 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE BROOKLYN CENTER ROTARY CLUB The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 90 -125 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1990 GENERAL FUND BUDGET TO PROVIDE FOR WAGE AND SALARY ADJUSTMENTS 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: FOOD ESTABLISHMENT Glico Harmony Foods Corp. 719 Swift Street Sears 1297 Brookdale Center ITINERANT FOOD ESTABLISHMENT Brooklyn Center Fire Department 6301 Shingle Ck. Pkwy. Brooklyn Center Park & Recreation 6301 Shingle Ck. Pkwy. The Multiple Sclerosis Society 2344 Nicollet Avenue County Store Foods 3600 63rd Avenue N. MECHANICAL SYSTEMS Brooklyn Air Heating & AC 5801 Lyndale Ave. N. 6/25/90 -2- Northwestern Service, Inc. 791 Hampden Avenue Ron's Mechanical 1812 E. Shakopee Ave. RENTAL DWELLINGS Initial: Cherie and Mark Wyman 3901 52nd Ave. N. Chris Knutson 5200 France Ave. N. William Steinhagen 4201 Lakeside Ave. N. #104 Cindy and Kim Norling 7008 Unity Avenue N. Renewal: Brookdale Towers Program Brookdale Towers Earle Brown Farm Apts. Earle Brown Farm Apts. Gary Olson 3715 69th Ave. N. Kenneth Ready, Jr. 1019 73rd Ave. N. Martha Lahti 5316 Knox Ave. N. Martha Lahti 5322 Knox Ave. N. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Regarding Disposition of Planning Commission Application No. 90009. He explained application No. 90009 was submitted by Keith Sturm /Reliance Real Estate Services, Inc. and was a request for a variance from the retail parking formula to allow a retail use of the Gold's Gym building at 2920 County Road 10. He noted the applicant withdrew this application after the City Council adopted an ordinance amendment modifying the retail parking formula. Councilmember Cohen noted the applicant had mentioned the previous variance which the City Council had approved in the past for that area. He inquired whether the language was specific enough in this resolution to deter similar applications in the future. Chief Lindsay entered the meeting at 7:30 p.m. The Director of Planning and Inspection stated he is not sure all circumstances in the previous variance were the same as in this application. He noted that would be a determination the City Council would have to make. RESOLUTION NO 90 -126 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 90009 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Authorizing Citywide Recycled Paper Procurement Policy. He explained the County has mandated the City adopt a recycled paper procurement policy. RESOLUTION NO. 90 -127 6/25/90 -3- Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING CITYWIDE RECYCLED PAPER PROCUREMENT POLICY The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. The City Manager presented a Resolution Amending the 1990 General Fund Budget and Accepting Proposal for Emergency Repairs of Air Conditioning System for Civic Center. RESOLUTION NO. 90 -128 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1990 GENERAL FUND BUDGET AND ACCEPTING PROPOSAL FOR EMERGENCY REPAIRS OF AIR CONDITIONING SYSTEM FOR CIVIC CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Accepting Proposal for Architectural Services Relating to City Garage Remodeling - Project No. 1990 -17. Councilmember Scott inquired when the project would begin. The Director of Public Works stated the project would begin later this summer with completion in the fall. RESOLUTION NO. 90 -129 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL FOR ARCHITECTURAL SERVICES RELATING TO CITY GARAGE REMODELING - PROJECT NO. 1990 -17 The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 90014 SUBMITTED BY LESLIE ANDRESEN REQUESTING SPECIAL USE PERMIT APPROVAL TO INSTALL AND OPERATE A HOME BEAUTY SHOP IN THE BASEMENT OF THE RESIDENCE AT 6821 PERRY AVENUE NORTH The City Manager noted this item was recommended for approval by the Planning Commission at its June 14, 1990, meeting. The Director of Planning and Inspection referred the Mayor and Councilmembers to pages one and two of the June 14, 1990, minutes and information sheet. He then briefly reviewed the application. He noted the hours of operation would be Tuesday through Friday 9 a.m. to 5 p.m.; Wednesday 7 p.m. to 9 p.m.; and Saturday 9 a.m. to 4 p.m. He stated there would be no nonresident employees in this home occupation. He added there is a legal egress window in the basement. He stated the Planning Commission recommended approval of this application subject to seven conditions which he reviewed for the Council. Councilmember Pedlar inquired if there was more than one egress window in the 6/25/90 -4- basement. The Director of Planning and Inspection stated he believed there was only one, but he could check. Councilmember Pedlar inquired if the Fire Chief has reviewed this application. The Director of Planning and Inspection stated the Fire Chief has not reviewed this application, but he can have it reviewed by the Fire Chief. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 90014 submitted by Leslie Andresen. 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 Cohen to close the public hearing. The motion passed unanimously. Mayor Nyquist stated he was sure the other Councilmembers knew his feelings with regard to home occupations and asked the City Manager to place home occupation permits on an upcoming agenda as a discussion item. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to approve Planning Commission Application No. 90014 submitted by Leslie Andresen subject to the following conditions: 1. The special use permit is granted only for a home beauty/barber shop as proposed in the applicant's letter dated May 14, 1990. The use may not be altered or expanded in any way without first securing an amendment i to this special use permit. 2. The beauty/barber shop shall operate on an appointment -only basis. Hours of operation shall be 9 a.m. to 5 p.m. Tuesday through Friday; 7 P.M. to 9 p.m. Wednesday; and 9 a.m. to 4 p.m. on Saturday. 3. All parking associated with the home occupation shall be off - street on improved space provided by the applicant. 4. The applicant shall provide the City with a current copy of the State shop license prior to issuance of the special use permit. 5. The applicant shall obtain required permits for plumbing and ventilation work. 6. The applicant shall install a 10 lb. fire extinguisher in the area of the beauty /barber shop. 7. There shall be no more than 10 people in the basement area at any given time. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO 90016 SUBMITTED BY JOSEPH JACOBSEN REQUESTING SPECIAL USE PERMIT APPROVAL TO CONDUCT A SAW SHARPENING BUSINESS AS A HOME OCCUPATION IN THE GARAGE OF THE RESIDENCE AT 1821 IRVING LANE The City Manager noted this item was recommended for approval by the Planning 6/25/90 -5- Commission at its June 14, 1990, meeting. The Director of Planning and Inspection referred the Mayor and Councilmembers to pages two through four of the June 14, 1990, Planning Commission minutes and information sheet. He noted in the application the hours of operation were stated to be 8:30 a.m. to 4 p.m. He noted the Planning Commission recommended there be no saw sharpening on Sunday. He stated the applicant does not expect this business to create any traffic because he will be picking up and delivering the saws. He noted the Planning Commission recommended approval of this application subject to six conditions which he reviewed for the Council. Mayor Nyquist inquired if 8:30 a.m. is rather early on a Saturday morning. The Director of Planning and Inspection stated the applicant has noted the level of noise created by this business will be quite low, and if it is this low it should not be any problem to begin at 8:30 a.m. on a Saturday morning. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 90016 submitted by Joseph Jacobsen. 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 Scott and seconded by Councilmember Pedlar to close the public hearing on Planning Commission Application No. 90016. The motion passed unanimously. There was a motion by Councilmember Cohen and seconded by Councilmember Paulson to approve Planning Commission Application No. 90016 submitted by Joseph Jacobsen subject to the following conditions: 1. The special use permit is granted only for a saw sharpening business as proposed by the applicant. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. 2. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. 3. The hours of operation shall be no earlier than 8:30 a.m., nor any later than 9 p.m. No work will be performed on Sundays. 4. The garage door shall be closed during operation of power equipment. 5. Any parking associated with the home occupation shall be off- street on improved space provided by the applicant. 6. No radio or TV frequency interference to neighboring properties caused by the home occupation shall be permitted. The motion passed unanimously. Councilmember Cohen stated when the City Council reviews the issue of home occupation permits, they should also discuss other "hobbies" which people do in their homes or garages. He noted these may be causing more problems within neighborhoods than the legal home occupations. 6/25/90 -6- DISCUSSION ITEMS POLICIES RELATING TO DEFERMENT OF SPECIAL ASSESSMENTS The City Manager noted the Public Works Coordinator has prepared a paper which describes the current City policy for deferral of special assessments. He noted the paper provides some alternatives which the Council may wish to consider. The Public Works Coordinator then went on to review the report which was prepared noting Minnesota Statutes limit deferrals to seniors and disabled persons whose property is homesteaded and for whom it would be a hardship to make the payments. She noted the statute specified the conditions upon which the right to deferred payment is terminated, but leave the other policy details to the discretion of the taxing authority. She stated the statute does not allow the City to defer assessments on the basis of income or any other criterion, except for seniors and disabled P ersons. The Public Works Coordinator then went on to explain how community development block grant (CDBG) funds may be used to pay all or a portion of special assessments for improvement projects. She noted a number of requirements and restrictions apply. She then went on to review a few of these requirements and restrictions. She concluded by noting the designation must be completed prior to undertaking the project, and it cannot be done after the fact. She noted this would mean the alley paving projects would not be eligible for CDBG funds. Mayor Nyquist noted the City would be entitled to use CDBG funds for improvement projects; however, this does not necessarily mean the City would receive additional CDBG funding. The Public Works Coordinator stated that was correct. F A discussion then ensued regarding different types of assessment policies for each type of improvement project. The Director of Public Works stated under State law deferments are allowed for water main and sanitary sewer installation projects if the property owner is going to connect to the system at a later i date. He noted the only type of deferment for other projects is the one for r elderly and disabled persons. He then went on to review the proposed timetable j for approving the policy and setting a public hearing for special assessments. A discussion then ensued regarding the maximum percent of income figures which t would be used in computing the annual maximum payment. Councilmember Cohen suggested changing from 2% to 1 %. Councilmember Scott stated she would like to see some information on how it would work if the maximum percent of income were figured at 1 1/2%. She added she did not feel the City Council should adjust the annual income limit. The City Manager stated staff can prepare a resolution for the next Council meeting, and the Council can fill in the blanks for the maximum percent of income after they have reviewed the report. POLICE DEPARTMENT BATTERED SPOUSE PROGRAM The City Manager explained the Director of Brooklyn Center's Domestic Abuse Program, Anne Marshall, has decided to retire and pursue other challenges. He noted he feels the Police Chief has put together a reasonable compromise which will get the department through the rest of 1990. He stated the City Council will have to make some difficult decisions at budget time and noted a final solution for this issue will need to be discussed. Councilmember Paulson inquired if Ms. Marshall had any comments she would like to add. 6/25/90 _7_ Ms. Marshall stated the concept of a government run program would be the first in the United States. She noted Brooklyn Center is known State wide and nationally for the domestic abuse project and the work it does. Councilmember Scott inquired if this project deals with the placement of children who must be removed from homes at the time of their parents arrest. Ms. Marshall stated her program is not geared towards children, but it has had to start addressing this issue over the past couple years. Councilmember Scott stated she would like information from the police department with regard to its procedure for placement of children. A brief discussion then followed regarding the project and what it has accomplished over the last few years. RESOLUTION NO. 90 -130 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1990 GENERAL FUND BUDGET TO TRANSFER AN APPROPRIATION FROM THE POLICE DEPARTMENT DOMESTIC INTERVENTION PROGRAM TO THE POLICE PART -TIME SALARIES ACCOUNT AND TO AUTHORIZE A POLICE ADMINISTRATIVE INTERN POSITION The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:50 p.m. and reconvened at 9:05 p.m. DISCUSSION ITEMS (CONTINUED) HUMBOLDT AVENUE TRAIL EXTENSION The City Manager noted staff is ready to present a verbal report regarding the feasibility and cost estimate for extending the trail on the east side of Humboldt Avenue. The Director of Public Works briefly reviewed slides showing Humboldt Avenue near 65th Avenue before construction began. He then reviewed the slides which show Humboldt Avenue from 65th through 69th during the construction. He noted a 14' sidewalk is being installed from 65th Avenue to the north property line of Brooklyn Center High School. He stated staff is working to obtain easements to make a 14' sidewalk improvement from this north property line to. 67th Avenue. He then went on to review the sidewalk and easement area between 67th Avenue and 69th Avenue along Humboldt Avenue. He noted at this time staff has developed two plans which he reviewed for the Council. Councilmember Scott inquired if it would not be possible to have a third plan which would be a 10' sidewalk which would be measured from the curb eastward 10 The Director of Public Works stated in this area the grade is quite steep, and the area would have to be leveled out in order to install a sidewalk. He noted whenever you build a sidewalk adjacent to the curb you must discount the first 2' as being unusable space. He added if the City were to install trees along this boulevard, it would be additional space that is not usable and then the sidewalk must be 14'. The Director of Public Works stated because of the easement and design difficulties in this area, he is recommending this portion of the project be put on hold until a thorough review can be completed. He stated he would like the City Council to direct staff to prepare a change e ord g er for the sidewalk in the area from the Brooklyn Center High School north property line to 67th Avenue. 6/25/90 -8- Councilmember Paulson inquired if now would be the best time to complete the project since there are already crews working and the City would receive a better price. The Director of Public Works stated if the City had a plan they were comfortable with, now would be the best time to do the work. He noted, however, since a good plan has not yet been developed for this area, he would recommend not completing the trailway in this section. He noted once the trailway is installed the City and the residents will have to live with it for many years. A brief discussion then ensued regarding the timeline for developing the new plans for the area between 67th and 69th Avenues along Humboldt Avenue. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar directing staff to proceed with the change order for the area between Brooklyn Center High School north property line and 67th Avenue. Councilmember Cohen stated he would like to amend the motion by further directing staff to conduct a study of the proposed trailway for the area between 67th and 69th Avenues along Humboldt Avenue. Councilmember Scott and Councilmember Pedlar agreed to the amendment. Upon vote being taken on the foregoing motion and amendment, the motion and amendment passed unanimously. 69TH AVENUE CORRIDOR - IMPROVEMENTS AND REDEVELOPMENT The City Manager noted a draft resolution was prepared for this evening's meeting which defines the policy and goals relating to improvements and redevelopment within the 69th Avenue corridor. Councilmember Scott stated she does not agree with provision No. 4 in the resolution and noted she feels the property values will not decrease and they may increase after the improvement. Councilmember Cohen stated he does not believe the issue is whether the property values will increase or decrease but rather an issue based on fairness and equity. The Director of Public Works pointed out this provision would eliminate three assessments along 69th Avenue. He noted the other properties along 69th Avenue are all corner lots and these residents have a choice as to which street they will have assessed for improvement projects. RESOLUTION NO. 90 -131 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION DEFINING POLICY AND GOALS RELATING TO IMPROVEMENTS AND REDEVELOPMENT WITHIN THE 69TH AVENUE CORRIDOR The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed with Councilmembers Celia Scott and Jerry Pedlar opposed. The Director of Public Works stated a draft copy of a contract with SEH, Inc. to provide professional services relating to stage I of the final plan development for reconstruction of 69th Avenue between Noble Avenue and Shingle Creek Parkway was also included with this evening's information. He noted this is a very complicated project and will require many informational meetings. He noted this 6/25/90 -9- is only a draft copy for the Council's review and staff will bring back the final copy for final approval at a later date. Councilmember Scott inquired if the City would be required to pay additional fees for all the special applications which need to be filed. The Director of Public Works stated at the next meeting SEH, Inc. should have an estimate for the cost of the application process and the project cost. Councilmember Cohen stated it appears SEH, Inc. will assume the responsibility for all errors. The Director of Public Works stated that was correct. ASSOCIATION OF METROPOLITAN MUNICIPALITIES The City Manager stated a copy of the report of the 1990 Mission and Membership Services Task Force from the Association of Metropolitan Municipalities (AMM) was included in the Council's packet. A discussion then ensued pertaining to the AMM and also pertaining to its goals and policy statement. Councilmember Scott stated she feels the AMM provides the "best buy" for the money when it comes to lobbying services. Councilmember Cohen agreed the AMM is generally more effective than the League of Minnesota Cities when it comes to lobbying. Councilmember Paulson stated he feels the AMM does a fine job. However, he felt there would be a much better way to implement its goals if a network system were set in place. Councilmember Cohen stated the AMM does not have the universal support system that is necessary to achieve a network system. A brief discussion then ensued regarding the AMM. OTHER BUSINESS The City Manager noted he had received a letter from the Metropolitan Transit Commission regarding its bus shelter program. He noted if any of the Councilmembers have any suggestions for new bus shelter areas, they should contact either himself or Sy Knapp. The City Manager noted he and the Director of Public Works were notified that Minnegasco is planning to do some work in the same areas that have been scheduled for the City sealcoating program. He noted Minnegasco was notified of the City sealcoat program for 1990, but they did not respond. The Director of Public Works stated he has met with representatives of Minnegasco to review the alternatives. He noted at this time it appears there are only two alternatives, one being for Minnegasco to do as much of the work as is possible before the start of the sealcoat program. The second alternative would be to put the entire sealcoat contract on hold until 1991. He noted this would require negotiating with Minnegasco for payment of additional costs due to the contract delay. He stated he. would expect resolution of this issue by the end of the week, and he would keep the City Council informed. CONSIDERATION OF SPECIFIED LICENSES RENTAL DWELLING LICENSE - 5500 BRYANT AVENUE NORTH There was a motion by Councilmember Scott and seconded by Councilmember Cohen to approve the rental dwelling license for 5500 Bryant Avenue North. The motion passed unanimously. RENTAL DWELLING LICENSE - 4010 65TH AVENUE NORTH There was a motion by Councilmember Paulson and seconded by Councilmember Pedlar to approve the rental dwelling license for 4010 65th Avenue North. The motion 6/25/90 -10- passed unanimously. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:32 p.m. r City Clerk Mayo I i .. i 6/25/90 -11-