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HomeMy WebLinkAbout1989 09-25 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 SEPTEMBER 25, 1989 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:04 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, City Engineer Mark Maloney, EDA Coordinator Brad Hoffman, Personnel Coordinator Geralyn Barone, and Administrative Aide Patti Page. Mayor Nyquist noted Councilmember Scott would be absent from this evening's meeting. INVOCATION The invocation was offered by Mayor Nyquist. OPEN FORUM Mayor Nyquist noted the Council had received a request from Jack Kelly to speak at this evening's open forum. Mr. Kelly stated he would like the Council to allow reactors to place open house signs on the boulevard to allow the realtors to conduct their business the way it should be conducted. He inquired if all sign codes are the same. Mayor Nyquist stated the placement of open house signs on the boulevard is not a new issue to the Council. He noted the current ordinance was drafted by a coalition of realtors before the Council took action on it. The City Manager briefly reviewed the ordinance regulations and noted this ordinance was passed five to six years ago. The Director of Planning and Inspection noted only signs installed by the City are allowed in the boulevard or right of way. The City Manager stated he would be happy to look into the issue again. Councilmember Cohen suggested Mr. Kelly contact the City Manager on Tuesday. He added he has noticed the open house signs are quite small, and they do not seem to obstruct the site lines. He added the open house signs generally come down faster than the garage sale signs. The Mayor noted he would not be adverse to the idea of a group of realtors recommending changes to the ordinance. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. No requests were made. APPROVAL OF MINUTES - 28 1989 - REGULAR SESSION There was a motion by Councilmember Paulson and seconded by Councilmember Pedlar to approve the minutes of the August 28, 1989, City Council meeting. The motion i 9/25/89 -1- i i passed unanimously. APPROVAL OF MINUTES - SEPTEMBER 11 1989 - REGULAR SESSION There was a motion by Councilmember Paulson and seconded by Councilmember Pedlar to approve the minutes of the September 11, 1989, City Council meeting. The motion unanimously. PROCLAMATION Member Todd Paulson introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING 1990 AS CELEBRATE MINNESOTA The motion for the adoption of the foregoing proclamation was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTIONS RESOLUTION NO 89 -178 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE PROJECT AIR AGREEMENT AMONG THE CITY OF BROOKLYN CENTER, WEST HENNEPIN HUMAN SERVICES, AND MINNEGASCO The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION N0. 89 -179 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING TREE REMOVAL COST TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION N0. 89 -180 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION REMOVING PROPOSED CHARGES FOR WEED DESTRUCTION FROM SPECIAL ASSESSMENT ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 89 -181 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES (ORDER NO. DST 09/25/89) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 9/25/89 -2- RESOLUTION NO. 89 -182 Member Todd Paulson introduced the following resolution and moved its adoption: . RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF ONE (1) DUMP BODY The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 89 -183 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF ONE (1) CRANE HOIST The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO 89 -184 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF ROBERT QUENROE The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO 89 -185 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF JANE ALFORD The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO 89 -186 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL TO REFINISH CONCRETE FLOOR AT EAST FIRE STATION 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 Paulson and seconded by Councilmember Pedlar to approve the following list of licenses: COMMERCIAL KENNEL A Dog's Best Friend 6830 Humboldt Ave. N. Pet Center's Inc. r 1269 Brookdale Center ITINERANT FOOD ESTABLISHMENT 9/25/89 -3- i Earle Brown Elementary School 5900 Humboldt Ave. N. Korean Presbyterian Church 6830 Quail Ave. N. MECHANICAL SYSTEMS Master Mechanical, Inc. 9864 James Circle RENTAL DWELLINGS Renewal: Keith Nordby 5960 Brooklyn Blvd. Capital Properties Management 6501 Brooklyn Blvd. Lillian Hollenbeck 5406 Bryant Ave. N. Clifford Lane /Dorothy Ernst 6927 June Ave. N. George and EthelJean "McMullen 2401 -03 54th Ave. N. J. J. Barnett 2922 68th Lane N. SPECIAL FOOD HANDLING ESTABLISHMENT Toys "R" Us 5425 Xerxes Ave. N. The motion passed unanimously. The Personnel Coordinator left the meeting at 7:19 p.m. RECESS TO ECONOMIC DEVELOPMENT AUTHORITY MEETING The Brooklyn Center City Council recessed at 7:19 p.m. and reconvened at 7:33 p.m. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Approving Purchase of a State Aid Computer Package. He noted this computer package is available to the City via the MNDOT State Aid Office, with a 60% reimbursement from State aid funds. He' stated it is proposed to purchase this unit from funds available within the 1989 budget for data processing. RESOLUTION NO 89 -187 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION APPROVING PURCHASE OF A STATE AID COMPUTER PACKAGE The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. PUBLIC HEARING - AMENDING DEVELOPMENT DISTRICT BOUNDARY LINES The City Manager noted this public hearing was first opened on July 10, 1989, and tabled to this evening's meeting. He noted staff is recommending continuing this public hearing to the November 27, 1989, City Council meeting. There was a motion by Councilmember Paulson and seconded by Councilmember Cohen to continue the public hearing for amending the development district boundary lines to November 27, 1989. The motion passed unanimously. The EDA Coordinator left the meeting at 7:38 p.m. 9/25/89 -4- DISCUSSION ITEMS 1990 IMPROVEMENT PROJECTS The Director of Public Works noted under the Municipal State Aid (MSA) Street Program, the City of Brooklyn Center receives an annual allotment of funds for improvement of the system of streets which have been designated as MSA streets. He noted Brooklyn Center's MSA system includes 21.3 miles of street. He noted this is the maximum miles of streets which Brooklyn Center may designate. He then went on to briefly review the MSA fund balance. He then went on to review the proposed improvements for 1990 and beyond. Discussion then continued relative to the proposed improvements and other priority areas within the City. Councilmember Pedlar stated the MSA policy seems to encourage cities to utilize the available funds to ensure future allotments will not be reduced. He noted he has several concerns with this type of policy. The Director of Public Works agreed with Councilmember Pedlar that the policy could be interpreted to encourage unnecessary spending but noted the proposed improvements are needed within the City. There was further discussion regarding the MSA policy of funding. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to give tentative approval to the proposed improvements as outlined in the memorandum from the Director of Public Works and directing staff to bring back individual projects for consideration. The motion passed unanimously. CONSIDERATION TO DENY THE RENEWAL OF THE RENTAL DWELLING LICENSE FOR 5500 BRYANT AVENUE NORTH The City Manager noted the applicant for this license is not present this evening and inquired if the Council wished to continue consideration of this license to a later meeting. There was a general consensus among Councilmembers to proceed with the agenda item. Mayor Nyquist opened the meeting for the purpose of a public hearing to consider denial of the renewal of the rental dwelling license for 5500 Bryant Avenue North. 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 on consideration to deny the renewal of the rental dwelling license for 5500 Bryant Avenue North. The motion passed unanimously. The Director of Planning and Inspection pointed out the applicant did receive the notices of the public hearing but has not contacted the Director of Planning and Inspection or his department. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar directing staff to prepare a resolution for denial of the renewal of rental dwelling license for 5500 Bryant Avenue North. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:48 p.m. and reconvened at 9:07 p.m. 9/25/89 -5- DISCUSSION ITEMS (CONTINUED) ADDITIONAL NUISANCE ORDINANCES The Director of Planning and Inspection briefly reviewed the proposed changes in the ordinances noting subdivision 13 is intended to prohibit the parking and storage of any vehicles or equipment on any vacant property in the City regardless of a zoning designation; and subdivision 14 regulates where vehicles or equipment may be parked or stored in residential areas. He noted subdivision 14 is perhaps the most controversial because it notes that all vehicles, including cars, authorized trucks, recreation vehicles, trailers, boats, etc. when parked or stored in front yards or yards abutting a public street, must be on an authorized driveway or a paved or graveled extension of an authorized parking or driveway area. He noted these paved or graveled driveway and parking areas may not exceed 50% of that yard area. The City Manager briefly reviewed the sites within the City which precipitated these changes. A brief discussion then ensued regarding the proposed ordinance amendments. Mayor Nyquist inquired what is currently being done regarding the parking and storage of commercial vehicles and equipment. The City Manager stated at this time approximately 25 to 30 notices have been sent out notifying residents of these violations. Councilmember Pedlar stated he feels there comes a time when the Council's credibility is at stake, and if an ordinance_ is in effect, then the Council or staff should be doing something about it. A brief discussion then ensued regarding the actions that have been taken to this P oint with regard and to the ordinance. There was a motion by Councilmember Cohen and seconded by Councilmember Paulson directing staff to notify the citizens of this proposed amendment to obtain citizen input and directing staff to bring it before the Council in January, 1990. The motion passed unanimously. PRINCIPLES FOR MINNESOTA PROPERTY TAX REFORM The City Manager briefly reviewed the six principles for property tax reform which were drafted by a number of city managers from within the North Metro Mayors' Association. A discussion then ensued pertaining to these principles and Councilmember Cohen stated he felt some time should be spent discussing these issues later this fall. He stated he feels all the principles are good but he needs to understand them better. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to table discussion of principles for Minnesota property tax reform to a future agenda. The motion passed unanimously. LIQUOR ORDINANCE AMENDMENTS The City Manager stated the City has received inquiries from hotels that wish to have a liquor license in order to serve liquor and hors d'oeuvres to its guests. He noted these hotels only serve these items and a breakfast to its guests. He explained originally staff was told by the State Liquor Control that the City could not license these types of establishments. However, in recent discussions with the State Liquor Control Director, the City has been informed that it could license establishments under certain conditions. He stated licensing these establishments would require changing the liquor ordinance by making a special 9 -6- class "E" license for these types of establishments. He stated the ordinance amendment before the Council this evening incorporates these changes to allow for this type of license. Councilmember Cohen left the table at 9:58 p.m. The City Manager stated if the Council wished it could wait to pass this amendment until the situation arises or it could act now in anticipation of an application. Councilmember Cohen returned to the meeting at 10:03 p.m. A brief discussion then ensued regarding the ordinance amendment. There was a motion by Councilmember Cohen and seconded by Councilmember Paulson to approve for first reading An Ordinance Amending Chapter 11 of the Brooklyn Center Ordinances and setting a public hearing date for October 23, 1989, at 7:30 p.m. The motion passed unanimously. OTHER BUSINESS Councilmember Paulson stated there are openings on the Regional Transit Board, and he is interested in membership on this board. There was a general consensus among Councilmembers to direct staff to write a letter recommending appointment of Todd Paulson to the Regional Transit Board. RESOLUTION NO 89 -188 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC. SERVICE OF MR. BILL HAWES The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO 89 -189 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. GENE LHOTKA The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO 89 -190 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. RICH THEIS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. CONTINUATION OF BUDGET HEARING Mayor Nyquist stated he felt it was too late in the evening to begin discussions on the budget. There was a general agreement among Councilmembers to delay the i 1 9/25/89 -7- budget hearing to a later date. The City Manager and Finance Director briefly reviewed some of the changes which have recently occurred and notified the budget must be certified to the County by November 9, 1989. There was a motion by Councilmember Paulson and seconded by Councilmember Pedlar to continue the budget hearing to October 9, 1989. 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 10:33 p.m. r Clerk yor 9/25/89 -8-