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HomeMy WebLinkAbout1989 11-13 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 NOVEMBER 13, 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 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, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, and Administrative Aide Patti Page. INVOCATION The invocation was offered by Dwight Gunberg from the Brooklyn Center Prayer Breakfast Committee. OPEN FORUM Mayor Nyquist recognized Vincent Polley, 5800 Humboldt Avenue North. Mr. Polley stated he would like to convert a truck box into a storage shed on his property. He noted the Planning and Inspection Department has indicated this would not be acceptable. He stated he intends to put siding and a roof on the structure so it would look like any other storage building. He noted he does not understand why the Planning and Inspection Department will not consider this an acceptable structure. He stated he would like the Council to give its approval on this building. The Director of Planning and Inspection briefly reviewed for the Council the reasons why his department cannot allow this type of structure. He noted Mr. Polley could make an application for the appeals process if he were interested. Mayor Nyquist explained the appeals process to Mr. Polley. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. Councilmember Pedlar requested items 10a and 10m be removed, and Councilmember Paulson requested items 10f, 10g, and 15 be removed from the consent agenda. Councilmember Scott request item lOn be removed from the consent agenda. MAYORAL APPOINTMENTS There was a motion by Councilmember Scott and seconded by Councilmember Paulson to appoint Thomas Shinnick to the Park and Recreation Commission. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to appoint John Russell to the Park and Recreation Commission. The motion passed unanimously. 11/13/89 -1- PERFORMANCE BOND RELEASE There was a motion by Councilmember Scott and seconded by Councilmember Paulson to release the performance guarantee for Associated Insurance, Inc., 2800 Freeway Boulevard. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 89 -209 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1989 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION N0. 89 -210 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING THE TWIN LAKES /RYAN LAKE OUTLET MODIFICATION IMPROVEMENTS AS PROPOSED BY THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 89 -211 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING RELEASE OF EASEMENT FOR SNOW FENCES The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO 89 -212 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES (ORDER NO. DST 11/13/89) The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. PRESENTATION - NORTH METRO CONVENTION AND TOURISM BUREAU Mayor Nyquist recognized Charlie Cook representing the North Metro Convention and Tourism Bureau. Mr. Cook briefly reviewed the proposed 1990 budget. A discussion then ensued regarding what the Tourism Bureau intends to accomplish and how it plans to work with the Chamber of Commerce. APPROVAL OF MINUTES - OCTOBER 23 1989 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Paulson to approve the minutes of the October 23, 1989, City Council meeting. The motion passed unanimously. 11/13/89 -2- RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Amending the 1989 Pay Plan. He noted this amendment will eliminate the positions of engineering administrative aide and engineering receptionist and create two equal positions titled engineering secretary. Councilmember Pedlar inquired why it was possible to eliminate the engineering administrative aide position at this point and not earlier. The Director of Public Works explained the engineering administrative aide had left employment with the City a few months ago and by reapportioning some of her duties and the duties of other people in the department, they were able to eliminate the position completely and create the two equal positions titled engineering secretary. He noted there is a definite need for additional secretarial help in this department. RESOLUTION N0. 89 -213 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING 1989 PAY PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. The City Manager presented a Resolution Approving Claims for Sewer Back -up Damages. He went on to briefly explain the circumstances behind the lift station failure. He noted the claims adjustor for the City's insurance carrier has determined that the City is not liable for damage and subsequently denied the claims. He stated in 1985 a similar incident happened and caused damages to 14 homes in the City, including the two homes damaged in 1989. He noted at that time the City's insurance carrier denied the claims whereupon the City Council did approve payment of the claims. He stated since the circumstances in 1989 were almost identical to those of 1985, he is recommending the City Council approve payment of these two claims. RESOLUTION NO. 89 -214 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION APPROVING CLAIMS FOR SEWER BACK -UP DAMAGES The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTION DENYING THE RENTAL DWELLING LICENSE FOR 6525 6527 6529 NORTH WILLOW LANE The City Manager noted this resolution was requested by the City Council at its October 9, 1989, meeting following review of the matter and hearing from the owner of the building and concerned neighbors. The Director of Planning and Inspection briefly reviewed the status of the property. A discussion then ensued regarding the property and the alternatives the City Council has before them. Mayor Nyquist then recognized Irwin Ketroser, owner of the property at 6525, 6527, 6529 North Willow Lane. Mr. Ketroser stated many items have been completed since the October 9, 1989, meeting and work is continuing on his building. A discussion then ensued relative to the possibility of requesting Mr. Ketroser to post a bond for a set amount that would cover the necessary 11/13/89 -3- maintenance items if Mr. Ketroser did not complete the list. A discussion continued and Mr. Ketroser stated he believed the estimates the Planning and Inspection Department developed were much too high in some areas, and he would like the opportunity to have independent contractors come in and give estimates on the necessary items. He stated he felt it would only be fair to allow him this opportunity and then the amount of the bond could be based upon these independent quotes. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to continue consideration for denial of the rental dwelling license for 6525, 6527, 6529 North Willow Lane to the December 18, 1989, City Council meeting. The motion passed unanimously. Councilmember Scott requested staff to work with Mr. Ketroser in contacting independent contractors to ensure these contractors were quoting on the exact repairs deemed necessary by the Planning and Inspection Department. The City Manager presented a Resolution Accepting Work Performed on Project 1989 -20. He noted this project consisted of the construction of sidewalk on the west side of Humboldt Avenue North between Woodbine Avenue and 73rd Avenue North. RESOLUTION N0. 89 -215 Member Todd Paulson introduced the following resolution and moved its adoption RESOLUTION ACCEPTING WORK PERFORMED ON PROJECT 1989 -20 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 Accepting Work Performed on Project 1989 -21. He noted this project consisted of the construction of a sidewalk on the east side of Xerxes Avenue between 65th Avenue North and 66th Avenue North. RESOLUTION NO. 89 -216 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED ON PROJECT 1989 -21 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 Authorizing Acquisition of Rights -of -Way and Easements for Improvement Project No. 1988 -18 (West River Road between 66th Avenue North and 73rd Avenue North). The Director of Public Works explained at the October 23, 1989, Council meeting, staff presented a preliminary review of plans for realignment of the West River Road connection to 66th Avenue North. He stated at that time the Council requested staff to work with the consultant to minimize the amount of right of way acquisition needed for the intersection realignment. He went on to briefly review the revised realignment plan and other elements of the project. 11/13/89 -4- RESOLUTION NO. 89 -217 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ACQUISITION OF RIGHTS -OF -WAY AND EASEMENTS FOR IMPROVEMENT PROJECT NO. 1988 -18 (WEST RIVER ROAD BETWEEN 66TH AVENUE NORTH AND 73RD AVENUE NORTH) 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 Authorizing City Manager to Negotiate Agreements with Public Utility Companies to Remove Overhead Utilities on Project No. 1988 -18 (West River Road between 66th Avenue North and 73rd Avenue North). The Director of Public Works briefly reviewed the memorandum submitted for this agenda item pointing out NSP has developed a more detailed but yet preliminary estimate of cost for undergrounding its lines. He noted a detailed review was also completed of the existing NSP distribution system serving this area, and it now appears that none of the property owners would be required to convert their service to underground service if the transmission line is placed underground. RESOLUTION NO. 89 -218 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING CITY MANAGER TO NEGOTIATE AGREEMENTS WITH PUBLIC UTILITY COMPANIES TO REMOVE OVERHEAD UTILITIES ON PROJECT NO. 1988 -18 (WEST RIVER ROAD BETWEEN 66TH AVENUE NORTH AND 73RD AVENUE NORTH) 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 Specifications and Authorizing Advertisement for Bids for Four (4) Compact Police Patrol Sedans. The City Manager noted this is a 1990 budget item. Councilmember Pedlar inquired why the City is continuing to purchase compact police patrol sedans. The City Manager noted several years ago they made the switch from rear -wheel drive to front - wheel drive vehicles and explained the full -size vehicles do not come in front - wheel drive. He stated if the Council were interested in switching to full -size vehicles, then the entire fleet would need to be switched because it is important that all police patrol sedans be either front -wheel or rear -wheel drive. RESOLUTION NO. 89 -219 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF FOUR (4) COMPACT POLICE PATROL SEDANS The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. 11/13/89 -5- The City Manager presented a Resolution Appointing a City Assessor. Councilmember Pedlar inquired if the State Board of Assessor's has actually issued a senior accreditation to Mr. Parish. The City Manager stated his staff has received verbal confirmation that the State Board of Assessor's will be issuing a senior accreditation to Mr. Parish. He noted the actual paper work could take two to three weeks to reach the City. RESOLUTION N0. 89 -220 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION APPOINTING A CITY ASSESSOR 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 11 of the Brooklyn Center Ordinances Regarding Liquor. He noted this item was offered for a first reading on October 23, 1989, published in the City's official newspaper on November 1, 1989, and is offered this evening for a second reading. He stated this amendment will allow class C liquor license holders an additional 12 -month period to bring their food /liquor split into compliance. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 11 of the Brooklyn okl n Center Ordinances Regarding y g g Liquor. He inquired if there was as an one present w y p t ho 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 An Ordinance Amending Chapter 11 of the Brooklyn Center Ordinances Regarding Liquor. The motion passed unanimously. ORDINANCE 89 -17 Member Celia Scott introduced the following ordinance and moved its adoption AN ORDINANCE AMENDING CHAPTER 11 OF THE BROOKLYN CENTER ORDINANCES REGARDING LIQUOR The motion for the adoption of the foregoing ordinance was duly seconded by member Todd Paulson, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 34 of the City Ordinances to Allow Optional Freestanding Signs, to Allow Larger Freestanding Signs in the Cl and C1A Districts, and Requiring Abatement of Signs on Abandoned Premises. He noted this item is offered this evening for a first reading. The Director of Planning and Inspection briefly reviewed the proposed ordinance amendment and the memorandum prepared for this agenda item. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to approve for first reading An Ordinance Amending Chapter 34 of the City Ordinances to Allow Optional Freestanding Signs, to Allow Larger Freestanding 11/13/89 -6- i CORRECTED COPY Signs in the Cl and ClA Districts, and Requiring Abatement of Signs on Abandoned Premises and setting the public hearing date for December 18, 1989, at 7:30 p.m. The motion passed unanimously. PRIVATE KENNEL LICENSE - 6915 LEE AVENUE NORTH The City Manager stated Diane Baer has submitted an application for a private kennel license. He stated Ms. Baer has three dogs. He noted the Police Department records indicate two complaints in the last year regarding barking dogs. He then went on to review the recommendations made by the Health Department. He noted staff recommends the Council delete requirement No. 5 pertaining to the type of surface to be installed within the dog kennel. Mayor Nyquist opened the meeting for the purpose of a public hearing on a private kennel license at 6915 Lee Avenue North. He recognized Connie Howe, 6906 Major Avenue North. Ms. Howe stated she is against the private kennel license because the dogs bark all the time. Mayor Nyquist then recognized Michael Solberg, 6912 Major Avenue North. Mr. Solberg stated he lives directly behind the applicant and the dogs do bark quite often. He stated he is not in favor of the Council approving this license. Mayor Nyquist then recognized the applicant, Diane Baer. Ms. Baer stated she is aware of the fact that one of the dogs barks quite often, and she is working on putting an end to the barking. She noted this particular dog has been kept in the house until recently, and the animal is having a difficult time adjusting to being outside. She noted this dog belongs to her and the other two she is taking care of for a friend. She noted if the private kennel license were not approved and she had to remove the extra animals, this particular dog would be staying. A brief discussion then ensued regarding the possibility of using mediation for this issue, and Mayor Nyquist noted it doesn't appear there is anything to mediate. He noted the barking dog situation should not be allowed to continue whether there is one or three dogs on the premises. The City Manager noted if the Council wished he could have the code enforcement officers check this neighborhood frequently for the barking dog problem. Mayor Nyquist inquired if there was anyone else who wished to address the public hearing. No one appeared, and 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 a private kennel license for 6915 Lee Avenue North. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to approve the private kennel license for 6915 Lee Avenue North subject to the following conditions: 1. The private kennel license is for a one -year period. 2. Barking dog complaints will be investigated and reported to the City Council. Numerous barking dog complaints could result in revocation of the license. 11/13/89 -7- CORRECTED COPY 3. Animal feces to be cleaned up daily in warm weather and every other day in cold weather. 4. Water supplied to the animals daily. 5. Food contained in bowls, any spills on the ground to be cleaned to minimize rodent attraction. 6. One additional dog house be provided so that each animal is protected from the elements. 7. The height of the current four -foot fence be extended to six feet to prevent the animals from jumping over. The applicant should contact the building department for fence construction setback requirements. The motion passed with Councilmembers Paulson and Pedlar opposed. PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO. 89024 SUBMITTED BY TIM JOHNSON REQUESTING SPECIAL USE PERMIT APPROVAL TO OPERATE A CONVENIENCE FOOD RESTAURANT IN THE RETAIL BUILDING AT 1950 57TH AVENUE NORTH (NORTHBROOK SHOPPING CENTER) The Cit Manager noted this item was recommended for approval by the Planning Commission at its October 26, 1989, meeting. He added an ordinance amendment was also recommended by the Planning Commission pertaining to this item. The Director of Planning and Inspection referred the Mayor and Councilmembers to pages one through three of the October 26, 1989, Planning Commission minutes and information sheet. He then went on to review the application and the recommended conditions for the application. A discussion then ensued pertaining to the hours of operation for the establishment. Mayor Nyquist recognized Mr. Johnson, the applicant, who stated he is required by the parent company to have hours at least until midnight, Sunday through Thursday, and until 2 a.m. on Friday and Saturday. He noted the main reason for staying open that late is to prepare food for the following day. The Director of Planning and Inspection then briefly reviewed the ordinance amendment recommended in conjunction with this application. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission. Application No. 89024. 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 Scott and seconded by Councilmember Pedlar to close the public hearing on.Planning Commission Application No. 89024. The motion passed unanimously. There was a motion by Councilmember Paulson and seconded by Councilmember Cohen to approve Planning Commission Application No. 89024 subject to the following conditions: 11/13/89 -8- 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. The kitchen plans and the kitchen equipment schedule are subject to review and approval by the City Sanitarian prior to the issuance of permits. 3. The special use permit is subject to all applicable codes, ordinances, and regulations, and any violation thereof shall be grounds for revocation. 4. The special use permit is granted only for the specific use proposed by the applicant. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances Clarifying the Definition of Convenience Food Rc-:f - lurants and setting a public hearing date for December 18, 1989 at 7:30 p . m . The motion passed unanimously. DISCUSSION ITEMS: 1990 COUNCIL MEETING SCHEDULE The City Manager presented the 1990 Council meeting schedule. There was a motion by Councilmember Cohen and seconded by Councilmember Paulson to approve the 1990 Council meeting schedule as submitted. The motion passed unanimously. LIGHT RAIL TRANSIT STATION IN GOLDEN VALLEY The City Manager briefly reviewed a letter and resolution submitted by the City of Robbinsdale. He explained the City of Robbinsdale is concerned because the Hennepin County Regional Railroad Authority recently passed a resolution removing two transit stations in Golden Valley from the preliminary design plans. He noted the City of Robbinsdale is afraid the removal of these two stations from Golden Valley will have a negative effect upon this station proposed for the City of Robbinsdale. There was a brief discussion regarding the City of Robbinsdale's position regarding light rail transit. There was a general consensus among Councilmembers that Councilmember Paulson and the City Manager should draft a letter to the City of Robbinsdale informing them of Brooklyn Center's position on light rail transit and the City of Robbinsdale's concerns. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution to Authorize a Proposed Tax Levy for 1990 Budget Appropriations. 11/13/89 -9- RESOLUTION NO. 89 -221 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION TO AUTHORIZE A PROPOSED TAX LEVY FOR 1990 BUDGET APPROPRIATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. LICENSES Councilmember Paulson stated he had this removed from the consent agenda because he had some concerns regarding the cigarette license listed on the license sheet. He inquired if the City of Brooklyn Center has considered any type of ordinance which would ban or limit the selling of cigarettes. The City Manager stated at this point an ordinance amendment has not been discussed, but staff could collect sample ordinances from other cities for the Council's review. There was a motion by Councilmember Paulson and seconded by Councilmember Scott to approve the following list of licenses: CIGARETTE Jerry's Enterprises Inc. 5101 Vernon Ave. S. d/b /a Country Store 3600 63rd Ave. N. GASOLINE SERVICE STATION Brookdale Car Wash 5500 Brooklyn Blvd. Christy's Auto Service 5300 Dupont Ave. N. Howe Company 4821 Xerxes Ave. N. FOOD ESTABLISHMENT Jerry's Enterprises Inc. 5101 Vernon Ave. S. d /b /a Country Store 3600 63rd Ave. N. SIGN HANGER Signart Company, Inc. 2535 Pilot Knob Road The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:05 p.m. i City Clerk Mayor ll/13/89 -10-