HomeMy WebLinkAbout1990 07-09 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
JULY 9, 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 7:02 p.m.
ROLL CALL
Mayor Dean Nyquist, Councilmembers Celia Scott, Todd Paulson, and Philip Cohen.
Also present were City Manager Gerald Splinter, Finance Director Paul Holmlund,
Director of Planning nd Inspection Ron Warren, g EDA Coordinator Brad Hoffman
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City Attorney Charlie LeFevere, Public Works Coordinator Diane Spector, and
Personnel Coordinator Geralyn Barone.
Councilmember Jerry Pedlar was absent from this evening's meeting.
INVOCATION
The invocation was offered by Helen Jacobsen of the Brooklyn Center Prayer
Breakfast Committee.
OPEN FORUM
Mayor Nyquist noted the City 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 City Council. There being none, he continued with the
regular agenda items.
Mayor Nyquist noted Mary Jane Gustafson recently received a national award, and
he asked staff to prepare a resolution to recognizing her achievements.
CONSENT AGENDA
Mayor Nyquist inquired if any Councilmembers requested any items removed from
the consent agenda. The City Manager noted the minutes of the June 25, 1990,
City Council meeting were not included with the agenda packet. Mayor Nyquist
said this item will be layed over until the next City Council meeting. Mayor
Nyquist requested item 9a be removed from the consent agenda.
PERFORMANCE GUARANTEE RELEASE
There was a motion by Councilmember Scott and seconded by Councilmember Paulson
releasing the performance guarantee for Brookdale Christian Center, 6030 Xerxes
Avenue North. The motion passed unanimously.
RESOLUTIONS
RESOLUTION NO. 90 -132
Member Celia Scott introduced the following resolution and moved its adoption:
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RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR CONSTRUCTION OF WATER SUPPLY
WELL NO. 10, IMPROVEMENT PROJECT NO. 1990 -02, CONTRACT 1990 -F
The motion for the adoption of the foregoing resolution was duly seconded by
member Todd Paulson, and the motion passed unanimously.
RESOLUTION NO. 90 -133
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING PROPOSAL FOR GEOTECHNICAL SERVICES RELATING TO WELL NO. 10,
IMPROVEMENT PROJECT NO. 1990 -02
The motion for the adoption of the foregoing resolution was duly seconded by
member Todd Paulson, and the motion passed unanimously.
RESOLUTION NO. 90 -134
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION APPROVING CHANGE ORDER NO. 1 TO CONTRACT 1990 -D, HUMBOLDT AVENUE
IMPROVEMENT PROJECT NO. 1989 -27
The motion for the adoption of the foregoing resolution was duly seconded by
member Todd Paulson, and the motion passed unanimously.
RESOLUTION NO. 90 -135
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 07/09/90)
The motion for the adoption of the foregoing resolution was duly seconded by
member Todd Paulson, and the motion passed unanimously.
LICENSES
There was a motion by Councilmember Scott and seconded by Councilmember Paulson
to approve the following list of licenses:
AMUSEMENT DEVICES - OPERATOR
Beacon Bowl 6525 Lyndale Ave. N.
Brookdale East Cinema 5801 John Martin Drive
Children's s Palace
5900 Shingle Ck. Pkwy.
Days Inn 1501 Freeway Boulevard
Ground Round, Inc. 2545 County Road 10
Holiday Inn 2200 Freeway Boulevard
K -Mart 5930 Earle Brown Drive
LaCasita Restaurant 2101 Freeway Boulevard
Scoreboard Pizza 6816 Humboldt Ave. N.
T. Wright's 5800 Shingle Ck. Pkwy.
AMUSEMENT DEVICES - VENDOR
Theisen Vending Co. 3804 Nicollet Ave. N.
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GARBAGE AND REFUSE COLLECTION VEHICLES
Twin City Sanitation 279 Meadowood Lane
Walz Bros. Sanitation, Inc. P. 0. Box 627
MECHANICAL SYSTEMS
Blaine Heating, Air Cond. & Electric 13562 Central Ave. NE
Key Metalcraft, Inc. 8201 Pleasant Ave. S.
SWIMMING POOL
The Village at River West 507 - 70th Ave. N.
The motion passed unanimously.
PRESENTATION TO FRANK SLAWSON CHAIRMAN OF ALL - AMERICA CITY COMMITTEE
Mayor Nyquist noted Brooklyn Center was one of thirty finalists in the All-
America City competition, which is a very significant accomplishment. He said
the person who chaired the All- America City committee is Frank Slawson, and the
City Council will be presenting an award to him. At this time, the City Council
viewed Brooklyn Center's All- America City video presentation. Following the
video tape, Mayor Nyquist presented a plaque containing a resolution recently
passed by the City Council recognizing Mr. Slawson and the committee. Mayor
Nyquist thanked Mr. Slawson for his work and extended the City Council's
appreciation to the committee. Mr. Slawson noted the City has tremendous
cooperative effort and thanked everyone for the opportunity to serve on the
committee. Councilmember Cohen said he appreciates the role the Marquette Bank
has played in the community financially and by making its staff feel a part of
the community.
RESOLUTIONS (CONTINUED)
The City Manager presented a Resolution Authorizing the Mayor and City Manager
to Enter into an Agreement with Hennepin County to Qualify as an Urban County
under the U.S. CDBG Program. Mayor Nyquist asked what the differences from
previous contracts are and what percentage the County receives off the top of
the funds. He also inquired why the City would be limited to only three
projects. Mayor Nyquist wondered if the City must pursue funding through the
County. The EDA Coordinator said Brooklyn Center and other suburban Hennepin
County cities can either apply for funding as a small city or with a coalition
of counties for an urban county grant. As an urban county, the cities are
guaranteed funding, whereas, with a small City, funding is distributed on an
annual basis with no guarantee of what the amount of funding will be from year
to year. He noted Hennepin County receives ten percent of the total grant.
Mayor Nyquist asked if the City is tied into projects listed in the application.
The EDA Coordinator said the projects established by the City are at our
discretion within the limitations of the Housing and Urban Development
Department policy guidelines. The EDA Coordinator noted he is not ware of any
changes from the last contract. Councilmember Cohen asked about the cover
letter which discusses new requirements by HUD pursuant to recent law changes.
The EDA Coordinator said there are some reporting requirement changes, but the
program has not significantly changed in the last ten years.
RESOLUTION NO 90 -136
Member Philip Cohen introduced the following resolution and moved its adoption:
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RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT
WITH HENNEPIN COUNTY TO QUALIFY AS AN URBAN COUNTY UNDER THE U.S. CDBG PROGRAM
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 Revising Policy for Deferment of Special
Assessments for Persons 65 Years of Age or Older and for Persons Who are Totally
and Permanently Disabled and Establishing an Interest Rate. He said staff has
prepared two alternate resolutions as requested by the City Council. He
recommended if the current program is changed, the City Council should approve
the resolution that annually sets a percentage rate. Councilmember Scott said
she prefers the second alternate which sets a percentage rate, and she favors
1.5% as a rate that will accommodate more senior citizens than the current
program. Councilmember Cohen asked what the total impact of moving to two
percent is, and the Public Works Coordinator referenced the informational
memorandum in the agenda packet which denotes the impact. Councilmember Cohen
noted the actual amount of exposure for the City will not be known until the
assessment hearings are held. Mayor Nyquist asked if there is a need to change
the current policy, and the City Manager noted a number of people have been
rejected based on the current policy. At a 1.5% rate, the program will be
available to more people. Councilmember Scott said she does not feel there will
be many more applying for the program, but it will assist those who are falling
through the cracks.
RESOLUTION NO. 90 -137
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION REVISING POLICY FOR DEFERMENT OF SPECIAL ASSESSMENTS FOR PERSONS 65
YEARS OF AGE OR OLDER AND FOR PERSONS WHO ARE TOTALLY AND PERMANENTLY DISABLED
AND ESTABLISHING AN INTEREST RATE
Councilmember Scott selected the resolution labeled Alternate 2 and included in
the motion a rate of 1.5 %.
The motion for the adoption of the foregoing resolution was duly seconded by
member Todd Paulson, and the motion passed unanimously.
The City Manager noted there is a companion resolution that should be passed
with Resolution No. 90 -137. He presented a Resolution Establishing Maximum
Annual Income Level for Special Assessment Deferment Eligibility. There was
brief discussion on what income level to include in the resolution, and the
consensus was to specify the HUD defined amount of $21,650.
RESOLUTION NO. 90 -138
Member Philip Cohen introduced the following resolution and moved its adoption:
RESOLUTION ESTABLISHING MAXIMUM ANNUAL INCOME LEVEL FOR SPECIAL ASSESSMENT
DEFERMENT ELIGIBILITY
Councilmember Cohen specified the income level to be included in the resolution
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as $21,650.
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 Approving a Contract with SEH, Inc. to
Provide Professional Services Relating to Stage 1 of Final Plan Development for
Reconstruction of 69th Avenue North between Noble Avenue and Shingle Creek
Parkway. Councilmember Scott said she is pleased to see SEH, Inc. has agreed to
percentage cost points.
RESOLUTION NO. 90 -139
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION APPROVING A CONTRACT WITH SEH, INC. TO PROVIDE PROFESSIONAL SERVICES
RELATING TO STAGE 1 OF FINAL PLAN DEVELOPMENT FOR RECONSTRUCTION OF 69TH AVENUE
NORTH BETWEEN NOBLE AVENUE AND SHINGLE CREEK PARKWAY
The motion for the adoption of the foregoing resolution was duly seconded by
member Todd Paulson.
Councilmember Paulson inquired about when the design work will be completed, and
the City Manager explained the phases in the design process.
Upon vote being taken on the foregoing resolution, the motion passed
unanimously.
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DISCUSSION ITEMS
MTC BUS SHELTERS
The City Manager said he received a letter from the Metropolitan Transit
Commission (MTC) suggesting locations for area bus shelters. He said
Councilmember Paulson and he located 17 potential locations and requested
assistance from the City Council in reducing the list. Councilmember Scott
suggested the addition of the area near 53rd and Lyndale Avenues North.
There was a motion by Councilmember Scott and seconded by Councilmember Paulson
to eliminate from the MTC bus shelter list locations on or adjacent to
residential property, add the location near 53rd and Lyndale Avenue North, and
notify MTC with this list. The motion passed. The City Council said it prefers
not to allow advertising in the bus shelters.
1990 PLANNING SESSION RESULTS
The City Manager said he has information on the priorities established during
the annual planning process. He briefly reviewed rankings from the initial
report and summary and requested the City Council to formally approve the
priority rankings.
There was a motion by Councilmember Scott and seconded by Councilmember Paulson
to set the following priorities in rank order:
1. Crime /drugs
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2. Budget /finances
3. Housing
4. Communications
5. Economic Development /Redevelopment
6. Public facilities
7. Demographic changes
Councilmember Cohen said if budget /finances is a priority item, then the City
Council must realize it will be devoting energies of the City to improve this
situation. Councilmember Scott noted to run a City efficiently, it is necessary
to have the money to do so. With all the state and federal mandates and budget
restraints, the City will need to meet the needs of its citizens. She suggested
staff time be used to pursue grants, private funding, and other revenue sources.
She added the City should consider becoming more active in the legislative
process. Councilmember Cohen said he feels it is necessary to educate the
citizenry on the City's ability to do things. He said he is in favor of taking
the City's case to the legislature to request more flexibility in dealing with
the City's problems.
Upon vote being taken on the foregoing motion, the motion passed unanimously.
HOME OCCUPATION ORDINANCE
The City Manager provided the City Council with some background information
regarding the home occupation ordinance. He noted there has been a frustration
that certain types of home occupations can be carried out without the knowledge
of their existence while others are quite obvious they are there. He also
expressed concern over the difficulty of enforcing the ordinance. Mayor Nyquist
said he asked for discussion on this item at this time because usually the
ordinance is discussed when there is an application before the City Council,
which is not a very good time to discuss a policy. He expressed concern with
home occupations which are permitted and then employees are brought into the
home. He questioned whether or not a home occupation becomes incidental. The
City Council proceeded to discuss various complaints the City has received
regarding home occupations, including occupations that are not allowed by
special use or permit, the hiring of employees, on- street parking concerns,
signage allowed, and "hobbies" versus home occupations.
Councilmember Paulson suggested each Councilmember convey there particular
concerns regarding the home occupation ordinance to staff so they can narrow the
scope and focus the concerns of the City Council. The City Manager said then
staff will be able to research the specific concerns and make recommendations to
the City Council at that point.
OTHER BUSINESS
Councilmember Cohen acknowledged receipt of the Humboldt /Camden Task Force
report and said he presumes the City Council will have a hearing to review the
report. The City Manager said this will appear on a future City Council agenda,
and Mayor Nyquist suggested this be done very soon.
ADJOURNMENT
There was a motion by Councilmember Paulson and seconded by Councilmember Cohen
to adjourn the meeting. The motion passed unanimously. The Brooklyn Center
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City Council adjourned at 8:52 p.m.
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City Clerk Mayor
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