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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 P 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: 7 -1- 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. 7/9/90 -2- 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: 7/9/90 -3- �,I 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 7/9/90 -4- 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. r 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 7/9/90 -5- 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 7/9/90 -6- City Council adjourned at 8:52 p.m. -zQ City Clerk Mayor i I 7/9/90 -7-