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HomeMy WebLinkAbout1990 08-27 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 27, 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, Jerry Pedlar, and Philip Cohen. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Police Chief Jim Lindsay, City Planner Gary Shallcross, Police Captain Scott Kline, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, and Administrative Aide Patti Page. INVOCATION The invocation was offered by Duane Fluth of the Brooklyn Center Prayer Breakfast Committee. 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 The City Manager noted item 9b should be removed from the agenda completely. Mayor Nyquist inquired if any Councilmembers requested any other items removed from the consent agenda. Councilmember Pedlar requested item 9k be removed from the consent agenda. RESOLUTIONS RESOLUTION NO. 90 -170 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL FOR INSTALLATION OF NEW WINDOW FRAMES AT BOULEVARD LIQUOR STORE #2 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 90 -171 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING XERXES AVENUE NORTH, SIDEWALK IMPROVEMENT PROJECT NO. 8/27/90 -1- i 1990 -19, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 90 -172 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 08/27/90) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 90 -173 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 90015 SUBMITTED BY TEASDALE AND ASSOCIATES, LTD. The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 90 -174 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DIRECTING THE HOUSING COMMISSION AND PLANNING COMMISSION TO FURTHER STUDY THE ISSUES AND ADVISE THE CITY COUNCIL ON THE NEED TO PROVIDE LARGE FAMILY HOUSING IN BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 90 -175 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF TRANSFER OF FUNDS AGREEMENT WITH FIRST BANKS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 90 -176 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SICK LEAVE AND VACATION BENEFITS FOR THE NEW POLICE OFFICER 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: 8/27/90 -2- CIGARETTE (OVER THE COUNTER SALES) Holiday Inn 2200 Freeway Blvd. GARBAGE AND REFUSE COLLECTION VEHICLE Waste Control 95 West Ivy Avenue Woodlake Sanitary Service, Inc. 4000 Hamel Road ITINERANT FOOD ESTABLISHMENT Brooklyn Center Fire Dept. 6301 Shingle Ck. Pkwy. Brooklyn Center Park & Rec Dept. 6301 Shingle Ck. Pkwy. Builders Square 3600 - 63rd Ave. N. MECHANICAL SYSTEMS Associated Mechanical Contractors P. 0. Box 237 Bell Air Heating 815 West 106th Street RENTAL DWELLINGS Initial: Maurice & Barbara Moriarty 2825 67th Lane N. Omar & Kathrine Schmidt 5352 72nd Circle N. Leota Spalla 5364 72nd Circle N. Tom & Wendy Wurr 5422 72nd Circle N. W. E. Lemon 5428 -34 72nd Circle N. Arthur & Dolores Kvamme 5529 Aldrich Drive N. Manuel & Faye Silva 6325 Brooklyn Blvd. Russell & Anna Scott 5400 Bryant Ave. N. Saw - Mehone Tebedge 5511 Emerson Ave. N. Jeff Austin 5500 James Ave. N. Brett & Terry Parker 5242 Lakeside Place N. Richard & Kathy Allen 5336 Lilac Drive N. Casmir & Doris Stachowski 5327 -29 Queen Ave. N. Gene & Anna Gullord 5328 -30 Queen Ave. N. Wai A. Chan 6685 Xerxes Place N. Renewal: Lloyd J. Waldusky Georgetown Park Townhouses Ryan Lake Partners 3401 -13 47th Ave. N. Lyle Miller & Russel Domke 3513 47th Ave. N. Harriet J. Berg 620 53rd Ave. N. Steve & Donna Schweim 3512 53rd Ave. N. Douglas & JoMarie Hentges 5206 63rd Ave. N. M & J Properties 2937 69th Lane N. Keith L. Nordby 5964 Brooklyn Blvd. James Ferrara 6031 Brooklyn Blvd. Ron & Ruth Shodeen 5448 Dupont Ave. N. Paul Hinck 4715 France Ave. N. Khalid Mahmud 5843 Fremont Ave. N. Jerry Truman 5519 -23 Lyndale Ave. N. Kenneth W. Kunz 5601 Lyndale Ave. N. Roland Scherber 7212 Newton Ave. N. Mrs. Paul Enge 4748 Twin Lake Ave. N. 8/27/90 -3- Harshad Bhatt 7206 -12 West River Road Richard & Sharon Krawiecki 5209 Xerxes Ave. N. SIGN HANGER Schad -Tracy Signs, Inc. P. 0. Box 364 The motion passed unanimously. PRESENTATION Mayor Nyquist noted the Council had passed a Resolution Recognizing the Achievement of Mary Jane Gustafson at a past meeting. He noted this evening he would like to present the official resolution to Ms. Gustafson. PROCLAMATION Member Philip Cohen introduced the following proclamation and moved its adoption: DECLARING SEPTEMBER 17 -23, 1990, AS CONSTITUTION WEEK The motion for the adoption of the foregoing proclamation was duly seconded by member Jerry Pedlar, and the motion passed unanimously. . REPORT - HUMBOLDT /CAMDEN TASK FORCE REPORT The City Manager noted after months of work the Humboldt /Camden Task Force has submitted its final report. He recognized the Chairman of the Task Force, Police Captain Scott Kline. Captain Kline went on to introduce the members of the Task Force which were present this evening. He noted this report represents six- months worth of meetings. He added that staff has recently been notified that the City is the recipient of a $25,000 grant to work with at -risk youth in the area, and two $2,500 grants which will hopefully be used towards a recreation director for these youth. Captain Kline then recognized Mr. John Davis, a member of the committee, who read a letter from Mr. Dennis Kelly. Captain Kline then recognized Virginia Erickson. Ms. Erickson stated she is one of the owners of Score Board Pizza and noted her business had experienced a loss of 22% but has gained back 8% of the business since the foot patrol started. She urged the Council to continue this foot patrol. Captain Kline then introduced Mike Miller, vice chairman of the committee. Mr. Miller stated Brooklyn Center is a much more diverse community than it was 16 years ago. He stated he is much more in favor of work training versus sports for these at -risk youth. Councilmember Scott stated she would like to thank all the members of the committee for their hard work and commitment. Mayor Nyquist noted he had attended one of the meetings and was very impressed by the citizens' input. He noted without the support of the community, the Police Department would not be able to achieve as much as they have. Councilmember Cohen inquired if the foot patrol would be continued in 1990. The City Manager stated it would be continued in 1990, and it will be a proposed budget item in the 1991 budget. Councilmember Cohen stated he would like to commend the committee for recognizing that not all the issues can be solved or handled by the City Council. 8/27/90 -4- There was a motion by Councilmember Cohen and seconded by Councilmember Scott directing staff to prepare an implementation plan by November 1, 1990. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Approving Proposal to Provide Archaeological Site Survey Re: 69th Avenue Improvement Project No. 1990 -10. The Director of Public Works noted in January of 1990, the Minnesota Historical Society recommended the project area be surveyed to determine whether historic or archaeological sites exist in this area. He explained in August of 1990, the City received a letter from the Minnesota Historical Society advising us that "cultural material has been found." He noted its letter recommends that redesign of the project be considered. He stated after staff has reviewed the project with SEH, Inc., they find an alternate design is not feasible. He noted the Minnesota Historical Society has stated if an alternate design is not feasible, an additional survey involving more extensive testing would have to be undertaken. The Director of Public Works stated staff has received a proposal from the Institute of Minnesota Archaeology to conduct the necessary studies. He noted this institute is an independent consulting agency which is included on the list of approved archaeological contractors. He added SEH, Inc. has also worked with this agency on previous contracts and recommends its use. Councilmember Scott inquired what this study would involve. The Director of Public Works stated it would involve more excavating and looking for other items. The City Manager pointed out it is better for this to occur at this point in the project than in the middle of construction. RESOLUTION NO. 90 -177 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION APPROVING PROPOSAL TO PROVIDE ARCHAEOLOGICAL SITE SURVEY RE: 69TH AVENUE IMPROVEMENT PROJECT NO. 1990 -10 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 Accepting Proposal from SEH, Inc. to Provide Professional Services Relating to Design Concepts for Improvements to T.H. 100. The Director of Public Works noted at the August 13, 1990, City Council meeting, the Council expressed general dissatisfaction with the alternatives developed by MNDOT for the France Avenue area. He noted while staff has been unable to suggest a better plan, this doesn't mean it's not possible to develop better alternatives. He stated staff is recommending review by an independent traffic engineering specialist. He stated staff has requested and received a proposal from SEH, Inc. He noted Glen VanWormer would take the lead roll in conducting this review. He stated not only has Mr. VanWormer shown excellent professional competence on other City projects, his work is highly respected by MNDOT and any of his recommendations will receive MNDOT's full attention. Councilmember Scott stated the residents in this area have been promised changes for many years. She noted until now none have occurred. She stated whatever happens in this area the Brooklyn Center residents will have to live with it for 8/27/90 -5- many years. She stated she feels Mr. VanWormer is quite capable, and she is confident he will do a good job. Councilmember Paulson noted in the past he has asked for a report on the amount of money which has been spent on consultants. He stated he feels the City is turning to SEH, Inc. and excluding others quite often. He added he is not downgrading the work SEH, Inc. has done in the past but noted there must be other firms and individuals from whom the City could take proposals. The City Manager stated one reason the City turns to SEH, Inc. is that Mr. VanWormer is capable and well versed on traffic signals and designs. Councilmember Scott stated SEH, Inc. has done numerous studies for the City, and they have them all contained in its files. She noted if the City were to hire another firm SEH, Inc. could not be required to turn these studies over to the other firms, and it would take a while for other firms to get up to speed. Councilmember Cohen stated it is not unusual for cities to continually use one consultant. Councilmember Pedlar pointed out, in some instances, the vendor realizes there is no competition and may take advantage of the situation by raising the fees. He added this may not be the case with SEH, Inc., but it could happen. The City Manager explained the City does bid out the larger projects but noted this is a $4,000 proposal, and it does not warrant a bid and interview process. He noted a lot of money could be spent trying to hire a different consultant for $4,000. Councilmember Pedlar inquired if MNDOT has used its internal resources to review and develop any alternatives. He inquired if MNDOT is happy with the alternatives and noted they must know the City of Brooklyn Center is not happy. The Director of Public Works stated MNDOT has hired Barr National to review the alternatives. He noted the City will have to prove to MNDOT the new plans are necessary. RESOLUTION NO. 90 -178 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL FROM SEH, INC. TO PROVIDE PROFESSIONAL SERVICES RELATING TO DESIGN CONCEPTS FOR IMPROVEMENTS TO T.H. 100 The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed with Councilmember Paulson opposed. The City Manager presented a Resolution Amending the 1990 Pay Plan. He noted this will change the position title of one code enforcement officer to property manager. He noted one CEO will remain authorized within the plan. Councilmember Pedlar stated if we advertise the position as property manager, it gives the impression this person will be in a position of authority and managing other personnel. He noted he feels there could be a better title. Councilmember Scott inquired if the Police Chief had any problems with changing the position title. The Police Chief stated he would not have any problems with changing the position title. Councilmember Pedlar stated he would recommend approval of the resolution if the title were changed to property supervisor. There was a general consensus this could be approved. RESOLUTION NO. 90 -179 Member Jerry Pedlar introduced the following resolution and moved its adoption: 8/27/90 -6- RESOLUTION AMENDING THE 1990 PAY PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. ORDINANCES The City Manager presented An Ordinance Amending Chapter 34 of the City Ordinances Regarding Political Signs. He noted this item was offered for a first reading on July 23, 1990, published in the City's official newspaper on August 8, 1990, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 34 of the City Ordinances Regarding Political Signs. 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 Scott to close the public hearing on An Ordinance Amending Chapter 34 of the City Ordinances Regarding Political Signs. The motion passed unanimously. ORDINANCE NO. 90 -14 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES REGARDING POLITICAL SIGNS The motion for the adoption of the foregoing ordinance was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Manager presented An Ordinance Vacating Utility and Drainage Easements in Dale and Davies Second Addition. He noted this item is offered this evening for a first reading. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to approve for first reading An Ordinance Vacating Utility and Drainage Easements in Dale and Davies Second Addition and setting a public hearing for September 24, 1990, at 7:30 p.m. The motion passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO 90021 SUBMITTED BY BRENDA NOYED REQUESTING SPECIAL USE PERMIT APPROVAL TO OPERATE A HOME HAIR CARE SALON IN THE BASEMENT OF THE RESIDENCE AT 4012 58TH AVENUE NORTH The City Manager noted the Planning Commission recommended approval of this item at its August 16, 1990, meeting. The City Planner directed the Mayor and City Council to pages one through three of the August 16, 1990, Planning Commission minutes. He noted no one appeared at the public hearing and stated the Planning Commission recommended approval of the application subject to nine conditions. He briefly reviewed the nine conditions for the Council. The Planner briefly reviewed the site and the site drawing prepared by the applicant. Councilmember Pedlar inquired what percentage of the yard will be paved. The Planner stated he does not believe it will exceed the percentage allowed within the ordinance. Councilmember Pedlar inquired if there is adequate parking and if the turnaround 8/27/90 -7- area provides for this parking. The City Manager stated the turnaround is not necessary for parking, it only makes it safer for ingress and egress to 58th Avenue. Mayor Nyquist inquired if only two appointments are allowed at one time, why we are allowing ten people in the basement. The City Planner stated this is a code requirement. Mayor Nyquist pointed out it has already been stated that the business will comply with all codes. The City Planner stated it may be redundent, but staff felt it was better to be more explicit. Councilmember Cohen stated he didn't feel it would hurt to be redundent. Mayor Nyquist opened the meeting for the purpose of public hearing on Planning Commission Application No. 90021 submitted by Brenda Noyed. He inquired if there was anyone present who wished to address the Council. No one appeared to speak, and 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. 90021. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to approve Planning Commission Application No. 90021 submitted by Brenda Noyed subject to the following conditions: 1. The special use permit is granted only for a home beauty /barber shop with a single operator. 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 may be grounds for revocation. 3. All parking associated with the home occupation shall be on improved space provided by the applicant. On- street parking is expressly prohibited. 4. The applicant shall provide a turnaround space on her property prior to issuance of the special use permit. 5. The hours of operation shall be from 9 a.m. to 8 p.m., Tuesday through Thursday and from 9 a.m. to 4 p.m., Friday and Saturday. Customers shall be served on an appointment -only basis. 6. Thy total number of occupants in the basement at any one time shall not exceed 10. 7. The applicant shall obtain all necessary permits and complete all PP Y P P required building improvements prior to issuance of the special use permit. 8. The applicant shall install a smoke detector and fire extinguisher in the area of the home occupation prior to issuance of the special use permit. 9. A current copy of the applicant's state shop license shall be submitted 8/27/90 -8- prior to issuance of the special use permit. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO 90022 SUBMITTED BY THE CITY OF BROOKLYN CENTER REQUESTING REZONING APPROVAL TO REZONE FROM I -1 TO C1A SIX PARCELS OF LAND BETWEEN I -94 AND SUMMIT DRIVE AND BETWEEN SHINGLE CREEK PARKWAY AND T.H. 100 The City Manager noted this item was recommended Y g for approval b the Planning PP y g Commission at its August 16, 1990, meeting. The City Manager noted basically the C1A zoning will limit the development to service /office uses with no limit on the height of the buildings. He noted this is the use being made of the developed property and the proposed use for the undeveloped property in this area. The City Planner directed the Mayor and City Council to pages eight through ten of the August 16, 1990, Planning Commission minutes. He noted there are two actions required this evening, one on a resolution, and the second, a first reading of an ordinance. RESOLUTION NO. 90 -180 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION REGARDING DISPOSITION OF APPLICATION NO. 90022 SUBMITTED BY THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning of Certain Property and setting a public hearing date for September 24, 1990, at 7:30 p.m. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8 :15 p.m. and reconvened at 8:30 p.m. DISCUSSION ITEMS BUSINESS ETHICS POLICY He explained the auditors recommended staff develop a written business ethics policy. Councilmember Pedlar inquired if some of this information is contained within other policies and forms for the City. The City Manager noted a lot of the information is contained within other policies, but the auditor wanted it all in one area and approved by the City Council. Councilmember Cohen stated there seems to be some confusion as to the definition of public official and City official and employees. The City Attorney noted some of the provisions were not meant to apply to all people defined under public official. Councilmember Cohen stated it just appears there is some scrabbling of names and titles. The City Attorney stated he and staff could do some rechecking on the titles. Mayor Nyquist stated he was concerned with the possibility of discriminating against elected officials" relatives. He stated he does not believe the City should show favoritism, but he also does not believe elected 8/27/90 -9- i i officials' relatives should be discriminated against. The City Attorney explained that is why paragraph No. 6 is included in the section for employment of relatives. He noted these issues should be dealt with on a case -by -case basis. There was a general consensus among Councilmembers that this item should be further reviewed by the City Attorney and staff. HENNEPIN RECYCLING GROUP CURBSIDE RECYCLING RULES The City Manager noted these rules are proposed to be common among the three members of the HRG and must be adopted individually by each City Council. He noted the proposed rules add rules for recycling in apartments. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to approve the Hennepin Recycling Group Curbside Collection Service rules and policies. The motion passed unanimously. SETTING BUDGET HEARING DATES The City Manager explained state law now requires the Council to set two budget hearing dates between November 15 and December 20 of each year. He noted the first is the formal budget hearing, and the second is a reconvened budget hearing, should it be necessary. He added cities cannot choose meeting dates which coincide with any school district or county date. He briefly reviewed the proposed meeting schedule for October through December. Councilmember Scott stated she would not be present at the October 15, 1990, City Council meeting. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the meeting schedule as proposed by the City Manager. The motion passed unanimously. NEW RETIREMENT PLAN ALTERNATIVES FOR ELECTED OFFICIALS The Finance Director explained recent legislation permits elected officials to participate in the defined contribution plan of the Public Employee Retirement Association. He added there are also other pension options now available to elected officials, including buy -back for past elective service. He stated if anyone on the Council has any further questions, they should speak to him or call Marsha Nelson at 296 -7460. ADJOURNMENT There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:53 p.m. Deputy City Clerk Mayo 8/27/90 -10-