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HomeMy WebLinkAbout1990 10-15 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 OCTOBER 15, 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 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, City Engineer Mark Maloney, and Administrative Aide Patti Page. INVOCATION The invocation was offered by Mayor Nyquist. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. Councilmember Cohen requested items 8b and 12e be removed. APPROVAL OF MINUTES- SEPTEMBER 24 1990 - REGULAR SESSION There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson to approve the minutes of the September 24, 1990, City Council meeting. The motion passed unanimously. PROCLAMATION There was a motion by Councilmember Pedlar to approve the following proclamation: PROCLAMATION DECLARING OCTOBER 21 -27, 1990, AS NATIONAL BUSINESS WOMEN'S WEEK The motion for the adoption of the foregoing proclamation was duly seconded by member Todd Paulson, and the motion passed unanimously. PERFORMANCE BOND RELEASE - CITY COUNTY CREDIT UNION 6010 EARLE BROWN DRIVE There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson to approve a release of the performance bond for City County Credit Union at 6010 Earle Brown Drive. The motion passed unanimously. MAYORAL APPOINTMENT There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson to approve the list of election judges submitted by the City Clerk for the November 6, 1990, general election. The motion passed unanimously. FINAL PLAT APPROVAL - KORMAN ADDITION There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson 10/15/90 -1- to approve the final plat for the Korman Addition. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. '90 -222 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION APPROVING PURCHASE AGREEMENTS FOR 69TH AVENUE RIGHT -OF -WAY, 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. RESOLUTION NO. 90 -223 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL FROM DELTA ENVIRONMENTAL CONSULTANTS, INC. TO CONDUCT CONTAMINATION SURVEY RE: 69TH AVENUE RIGHT -OF -WAY ACQUISITION The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 90 -224 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL TO INSTALL NEW WATER SERVICE LINE TO WILLOW LANE PARK, IMPROVEMENT PROJECT NO. 1990 -23 The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 90 -225 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND PROPOSAL FOR CENTRAL PARK ATHLETIC FIELD IRRIGATION SYSTEM, IMPROVEMENT PROJECT NO. 1990 -07, CONTRACT 1990 -J 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 Pedlar and seconded by Councilmember Paulson to approve the following list of licenses: CHRISTMAS TREE SALES LOT Builder's Square 3600 63rd Ave. N. COMMERCIAL KENNEL Children's Palace #81 5900 Shingle Ck. Pkwy. FOOD ESTABLISHMENT 10/15/90 -2- Kim Fung 1958 57th Ave. N. ITINERANT FOOD ESTABLISHMENT Cross of Glory Lutheran Church 5929 Brooklyn Blvd. St. Alphonsus CCW 7025 Halifax Ave. N. MECHANICAL SYSTEMS Air Conditioning Associates, Inc. 689 Pierce Butler Route Faircon Service 2668 Patton Road Igloo Heating & Air Cond., Inc. 11440 Lakeland Drive N. SIGN HANGER Bill Weigel Signs, Etc. 470 Koehler Road The motion passed unanimously. PROCLAMATION The City Manager presented a proclamation declaring October 22 -28, 1990, as Red Ribbon Campaign Week in Minnesota. He explained the drug awareness task force has asked the Council to approve this proclamation and make the red ribbons available for community distribution. There was a motion by Councilmember Cohen to approve the following proclamation: PROCLAMATION DECLARING OCTOBER 22 -28, 1990, AS RED RIBBON CAMPAIGN WEEK IN MINNESOTA The motion for the adoption of the foregoing proclamation was duly seconded by member Jerry Pedlar, and the motion passed unanimously. PERFORMANCE BOND RELEASE - IRWIN KETROSER 6525 27 29 WILLOW LANE Councilmember Cohen stated he realizes the item before the Council is the performance bond release for the property at 6525, 27, 29 Willow Lane; however, he was interested in how the complex is now being operated. The Director of Planning and Inspection stated there are 18 units within this complex and noted 10 or 11 units are currently occupied. He noted an inspection is required before a vacant unit can be occupied. Councilmember Cohen inquired about the property owner's attitude towards cooperation with the City. The Director of Planning and Inspection stated the City has had no problems with the current property manager. Councilmember Pedlar stated he would like to compliment the staff and noted the property has improved greatly. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to approve the release of the performance bond for the property at 6525, 27, 29 Willow Lane. The motion passed unanimously. REVIEW OF ANNUAL BUDGET FOR NORTH METRO CONVENTION AND TOURISM BUREAU Mayor Nyquist recognized Charlie Cook from the North Metro Convention and Tourism Bureau. Mr. Cook briefly reviewed the proposed annual budget. Councilmember Cohen noted there was a reference to a tabloid that would be distributed. Mr. Cook stated there is an eight page, four color tabloid which is being distributed through area newspapers. He noted 650,000 copies of this 10/15/90 -3- tabloid have been printed. Councilmember Cohen inquired if these tabloids would be available at area hotels and motels for their patrons. Mr. Cook responded affirmatively. Councilmember Cohen inquired what is being done to attract Minnesota organizations into Brooklyn Center or the north metro area instead of going further north to Breezy Point. Mr. Cook stated he and the North Metro Convention and Tourism Bureau belong to various associations and organizations 4 for meeting planners. He noted thus far they have been fairly successful in attracting Minnesota organizations. Councilmember Cohen inquired what the bureau is doing locally to encourage local use. Mr. Cook stated the bureau targets areas 100 or more miles from the north metro area. He noted it is up to the area hotels to attract local clientele. Councilmember Pedlar inquired if Mr. Cook or the bureau has received any feedback from people who are using the member cities facilities. Mr. Cook stated he has received much positive feedback. Councilmember Pedlar asked if the Council could receive this information. There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson to accept the annual budget report for North Metro Convention and Tourism Bureau. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Shade Trees (Order No. DST 10/15/90). Councilmember Cohen stated he would like to see some figures which would indicate the total number of trees which have been removed over a five or ten year period. RESOLUTION NO. 90 -226 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES (ORDER NO. DST 10/15/90) 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 Increasing the Fee to be Charged for the Processing of Returned Checks Issued to the City of Brooklyn Center. He noted the fee is being increased from $5 to $15. RESOLUTION NO 90 -227 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION TO INCREASE THE FEE TO BE CHARGED FOR THE PROCESSING OF RETURNED CHECKS ISSUED TO THE CITY OF BROOKLYN CENTER 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 Purchase of a Storage Cabinet for the Police Department Using Drug Forfeiture Funds. RESOLUTION NO. 90 -228 10/15/90 -4- Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1990 GENERAL FUND BUDGET BY APPROPRIATING FORFEITED PROPERTY FUNDS FOR THE PURCHASE OF ONE STORAGE CABINET FOR THE POLICE DEPARTMENT 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 Recommending to the Supreme Court Advisory Committee on the Rules of Criminal Procedure to Rescind the Amendments to Minnesota Rules of Criminal Procedure 8.04 and 11.07. He noted if these revisions are imposed, it will impact greatly on the Police Department as well as the City prosecutors in the areas of both time and expense. He noted it could mean as much as a 50 000 increase. crease. Councilmember Cohen noted the court r system is mandating these costs to the City, and he believes we should make the Supreme Court Advisory Committee aware of the estimated additional cost to the City. He noted if the City has to pay this cost, it will force the Council to cut other items in the budget. EDA Assistant Coordinator Tom Bublitz entered the meeting at 7:28 p.m. Councilmember Cohen noted if these revisions go into effect, then the legislature should find some way to help the City pay for the additional cost. Councilmember Cohen suggested some amendments to the resolutions, and there was a general consensus among Councilmembers to accept these amendments. RESOLUTION NO. 90 -229 Member Philip Cohen introduced the following esolution a moved g and o ed its adoption: RESOLUTION TO RECOMMEND TO THE SUPREME COURT ADVISORY COMMITTEE ON THE RULES OF CRIMINAL PROCEDURE TO RESCIND THE AMENDMENTS TO MINNESOTA RULES OF CRIMINAL PROCEDURE 8.04 AND 11.07 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Manager presented a Resolution Approving Revised Cost Distribution for the Construction of the Twin Lake /Ryan Lake Improvement Project and Amending the 1990 General Fund Budget. RESOLUTION NO. 90 -230 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION APPROVING REVISED COST DISTRIBUTION FOR THE CONSTRUCTION OF THE TWIN LAKE /RYAN LAKE IMPROVEMENT PROJECT AND AMENDING THE 1990 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO 90025 SUBMITTED BY KATHLEEN HOLST REQUESTING 10/15/90 -5- A SPECIAL USE PERMIT TO OPERATE A HOME BEAUTY SHOP IN THE BASEMENT OF THE RESIDENCE AT 6107 BRYANT AVENUE NORTH The City Manager noted this item was recommended for approval by the Planning Commission at its September 27, 1990, meeting. The Director of Planning and Inspection referred the Mayor and Councilmembers to pages one through four of the September 27, 1990, minutes and information sheet. He noted the home is within an R1 zone, and this use would be classified as a special home occupation. He then went on to briefly review the site plan for the application. He noted the Planning Commission did express some concern with the inability to park more than two cars on the driveway. He noted the Planning Commission recommended widening of the driveway. He then went on to review the nine conditions recommended for approval of the application. He stated a public hearing has been scheduled for this evening, and notices have been sent. Mayor Nyquist inquired if the entrance is handicapped accessible. The Director of Planning and Inspection stated it is not handicapped accessible. Councilmember Paulson inquired if there would be any signage allowed. The Director of Planning and Inspection stated a two and one -half square foot sign would be allowed, and it would be subject to the provisions of the sign ordinance. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 90025 submitted by Kathleen Holst. 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 Paulson and seconded by Councilmember Pedlar to close the public hearing on Planning Commission Application No. 90025. The motion passed unanimously. There was a motion by Councilmember Paulson and seconded by Councilmember Cohen to approve Planning Commission Application No. 90025 submitted by Kathleen Holst 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 off - street on improved space provided by the applicant. 4. The applicant shall widen the driveway so that two vehicles can be accommodated on the ro ert at the same time and safely P P y y enter and exit the property. Any widening of the curb cut shall be approved by the City Engineer and be inspected by the Engineering Department staff. 5. The hours of operation shall be from 9 a.m. to 9 p.m. Monday through Friday and from 9 a.m. to 5 p.m. Saturday. Customers shall be served on an appointment -only basis. 10/15/90 -6- 6. The 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 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 prior to issuance of the special use permit. The motion passed unanimously. DISCUSSION ITEMS STAFF REPORT REGARDING SPECIAL ASSESSMENTS TO PROPERTIES AT 5500 BRYANT AVENUE NORTH Mayor Nyquist noted he had received an open forum application for this item. The City Manager noted the Council had received a report regarding these items. He noted the property owner's closing statement indicates the existence of both pending and previously certified assessments was known at the time of sale. He stated staff is recommending no amendment be made to the assessment certified to this property. Mayor Nyquist recognized Jagdish Trividi who stated he does not deny knowledge of these assessments. He noted, however, he and Mr. Kruger believe they were charged for services that were not completed. He stated he is looking for fair solutions and noted they were charged for stump removal, and there are still stumps present. He inquired why they have been charged if the work was not done. Mayor Nyquist inquired if the amount of assessments differ from the amount which was shown on the closing statement. Mr. Trividi stated he is not sure because he has not been able to find that information. The City Manager noted at the last meeting Mr. Trividi and Mr. Kruger were concerned that some of the trees were not even on their property. He noted now they are discussing stumps. He stated he would like the Council to request the property owners to put in writing their concerns so the staff knows exactly what to investigate. Councilmember Pedlar stated he was confused by this issue. He inquired if the property owners knew about the assessments at the time of sale. The City Manager explained the closing documents indicate someone was aware of the assessments and an agreement was made. Councilmember Pedlar stated it appears the assessments due were less than the credit given on the closing documents. Councilmember Cohen pointed out it appears the owners were aware of the assessment, but they dispute the fact the work was ever done. A discussion then ensued regarding the differing amounts for pending assessments and certified assessments. The Director of Public Works briefly explained the process which is used. Councilmember Cohen stated staff has pretty well identified that the owners were aware of the assessments, and the only thing left to decide is whether a levy was set up for work which was never performed. He stated if the 10/15/90 -7- property owners would like the Council to review this issue, they should put this request in writing so the staff will investigate the property owners concerns. There was a motion by Councilmember Cohen and seconded by Councilmember Paulson requesting Mr. Trividi and Mr. Kruger to express in writing the exact issues which they would like staff to review. The motion passed unanimously. CHARTER COMMISSION RECOMMENDATIONS The City Manager noted the Charter Commission unanimously approved wording changes to section 7.06 of the City Charter, regarding passage of the annual budget. He noted this would make the deadlines generic; if the legislature changes the deadlines again, it should not affect the Charter. There was a motion by Councilmember Paulson and seconded by Councilmember Pedlar to approve for first reading An Ordinance Amending Chapter 7 of the Brooklyn Center City Charter and setting a public hearing date of November 19, 1990, at 7:30 p.m. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8 :07 p.m. o pan& Deputy City Clerk May 10/15/90 -8-