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HomeMy WebLinkAbout1989 11-27 CCM Regular Session i 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 27, 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 7:03 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Celia Scott, Todd Paulson, Jerry Pedlar, and Philip Cohen. Also present were City Manager Gerald Splinter, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, Police Chief Jim Lindsay, City Attorney Charlie LeFevere, and Administrative Aide Patti Page. INVOCATION The invocation was offered by Mayor Nyquist. 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 Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. Councilmember Scott requested item 9c be removed from the consent agenda. PROCLAMATION Member Jerry Pedlar introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING DECEMBER 3 -10, 1989, AS CHILD SAFETY WEEK The motion for the adoption of the foregoing proclamation was duly seconded by member Celia Scott, and the motion passed unanimously. PERFORMANCE BOND RELEASE - OSSEO BROOKLYN BUS GARAGE There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to release the performance bond for Osseo Brooklyn bus garage, 4435 68th Avenue North. The motion passed unanimously. PERFORMANCE BOND REDUCTION - MINNESOTA STATE HIGH SCHOOL LEAGUE There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to reduce the performance bond for the Minnesota State High School League to $25,000. The motion passed unanimously. 11/27/89 -1- i RESOLUTIONS RESOLUTION NO. 89 -222 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) COMPACT FIRE SEDAN The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 89 -223 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION APPROVING PURCHASE OF PICKUP TRUCK FOR PUBLIC UTILITY DEPARTMENT The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion . assed unanimously. y RESOLUTION NO. 89 -224 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION AMENDING CITY COUNCIL RESOLUTION NO. 86 -123 REGARDING THE SCHEDULE FOR PLANNING AND INSPECTION DEPARTMENT FEES The motion for the adoption of the P foregoing re g g solution was duly seconded by member Celia Scott, and the motion passed unanimously. CONSIDERATION OF SPECIFIED LICENSES ON -SALE INTOXICATING LIQUOR LICENSE CLASS A ($8 000 PER YEAR) There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to approve an on -sale intoxicating liquor license Class A for Red Lobster. The motion passed unanimously. ON -SALE INTOXICATING LIQUOR LICENSE CLASS B ($11 000 PER YEAR) There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to approve on -sale intoxicating liquor licenses Class B for Applebee's, Days Inn, Earle Brown Bowl, Ground Round Restaurant, Holiday Inn, La Casita, and T. Wright's. The motion passed unanimously. ON -SALE INTOXICATING LIQUOR LICENSE CLASS C ($14,000 PER YEAR There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to approve an on -sale intoxicating liquor license Class C for Lynbrook Bowl. q Y The motion passed unanimously. ON -SALE CLUB LICENSE There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to approve an on -sale club license for Duoos Bros. American Legion. The motion passed unanimously. 11/27/89 -2- i i, ON -SALE WINE LICENSES There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to approve on -sale wine licenses for Dayton's, Denny's, and Yen Ching. The motion passed unanimously. r LICENSES There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to approve the following list of licenses: CHRISTMAS TREE SALES Roger Koskinen /Midwest Challenge 3049 Columbus Ave. S. 50's Grill 5524 Brooklyn Blvd. FOOD ESTABLISHMENT Blum's Concession Corp. 500 W. Ohio Ave. Sears 1297 Brookdale Center GASOLINE SERVICE STATION Brookdale Unocal 5710 Xerxes Ave. N. ITINERANT FOOD ESTABLISHMENT Brooklyn Center Lions /Bill Mayland 5618 Lilac Dr. N. Brooklyn Center High School 6500 Humboldt Ave. N. NONPERISHABLE VENDING MACHINES ARA Services 2830 N. Fairview Northwestern Nat'l. Life Ins. 6200 Shingle Ck. Pkwy. PERISHABLE VENDING MACHINES ARA Services 2830 N. Fairview Northwestern Nat'l. Life Ins. 6200 Shingle Ck. Pkwy. RENTAL DWELLINGS Initial: Gary Scherber Lilac Apartments Chris Christianson 6815 Ewing Ave. N. Gloria Lorentson 6805 Fremont P1. N. Gary Scherber 5820 Logan Ave. N. Robert and Catherine Lorvick 5205 E. Twin Lake Blvd. Jim Stalberger /A1 Juhnke 3129 49th Ave. N. Jim Stalberger /A1 Juhnke 3135 49th Ave. N. Renewal: James Lupient /Midwest Mgmt. Basswood Apartments George Lucht 5105 Brooklyn Blvd. Dorothy Follese 6933 Brooklyn Blvd. Robert Lerum 4207 Lakeside Ave. N. #332 Bertil Anderson 4207 Lakeside Ave. N. #336 Byron and Nancy Mach 4708 -12 Twin Lake Ave. Jerry Harrington /Eugene Berg 1200 67th Ave. N. Janet Schenk 3118 67th Ave. N. 11/27/89 -3- SPECIAL FOOD HANDLING ESTABLISHMENT Kohl's Department Store 2501 Co. Road 10 Mr. Movies 1964 57th Ave. N. The motion passed unanimously. , APPROVAL OF MINUTES - OCTOBER 28 1989 - SPECIAL SESSION There was a motion by Councilmember Scott and seconded by Councilmember Cohen to approve the minutes of the October 28, 1989, City Council meeting. The motion passed unanimously. Councilmember Pedlar abstained from the vote as he was not present at this meeting. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Authorizing the Purchase of Additional Portable Radios, Amending the 1989 General Fund Budget, and Appropriating Forfeited Property. Councilmember Pedlar noted when the initial approval was given for the purchase of the portable radios, the purchase of handguns was also discussed. He inquired when Council would be receiving an update on this issue. Chief Lindsay stated he believed a report would be ready in mid - February. RESOLUTION NO. 89 -225 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF ADDITIONAL PORTABLE RADIOS, AMENDING THE 1989 GENERAL FUND BUDGET, AND APPROPRIATING FORFEITED PROPERTY 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 Dispensing of Liquor at the Convention Center at Earle Brown Heritage Center. The City Manager noted this would be an interim situation until the special legislation has been passed licensing Atrium Catering in the convention facility. Councilmember Cohen inquired what type of control factor the City would have at the convention center and whether security would be required. The City Manager stated security personnel can be required and generally the City meets with the applicant and thoroughly reviews the laws with them. He noted the Police Department will be doing this with Atrium Catering. Councilmember Scott inquired what type of investigation will be done for this license. The Police Chief stated at this point only a criminal investigation has been completed, but a complete investigation would be done before the full license is approved. RESOLUTION NO 89 -226 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE DISPENSING OF LIQUOR AT THE CONVENTION CENTER AT EARLE BROWN HERITAGE CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 11/27/89 -4- The City Manager presented a Resolution Relating to $8,100,000 Commercial Development Revenue Bonds (Brookdale Two Limited Partnership Project); Authorizing the Execution of Supplement No. 1 to Indenture of Trust in Connection with the Remarketing Thereof. w RESOLUTION NO. 89 -227 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RELATING TO $8,100,000 COMMERCIAL DEVELOPMENT REVENUE BONDS (BROOKDALE TWO LIMITED PARTNERSHIP PROJECT); AUTHORIZING THE EXECUTION OF SUPPLEMENT NO. 1 TO INDENTURE OF TRUST IN CONNECTION WITH THE REMARKETING THEREOF The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. DISCUSSION ITEM AN ORDINANCE AMENDING CHAPTER 35 TO ESTABLISH A PLANNED UNIT DEVELOPMENT ZONING DISTRICT The City Manager noted the Planning Commission has been considering a Planned Unit Development (PUD) ordinance for some time. He noted the primary purpose of the ordinance amendment is to provide the City with a viable tool which will allow for flexibility in land development and redevelopment. The Director of Planning and Inspection stated the PUD ordinance gives the City the ability to mix land uses and to approve development plans which may be different, to some extent, from our normal development standards. He noted development agreements establish what can and cannot be undertaken in the project. Mayor Nyquist stated in the development standards, it states the minimum area shall be one acre. He inquired if this was rather small. The City Manager stated other cities who have PUD ordinances started at about five acres and had to keep shrinking the land area. i Councilmember Cohen inquired if by implementing the PUD ordinance, the City would be entering into contract zoning. The City Attorney stated contract zoning is a difficult term which is not recognized in Minnesota as being legal or illegal. The City Attorney stated the development agreement is a very lengthy and complicated document which requires much staff time and effort to create. He stated the City would not be allowed to arbitrarily impose regulations. He noted the City Council may have to amend its comprehensive plan. The City Manager stated that the Council can designate within the j comprehensive plan those areas that are recommended for PUD uses. The City Attorney pointed out most developers are not interested in PUDs unless they are quite sincere about the development because it can be a very costly and time consuming process. The City Manager stated if the Council would like, staff could obtain copies of PUD agreements and ordinances from other cities using the PUD ordinances. OTHER BUSINESS Mayor Nyquist asked Councilmember Cohen to briefly review the November 14, 1989, League of Minnesota Cities' meeting. Councilmember Cohen gave a brief review of the meeting and noted all member cities are currently not sharing in the cost of 11/27/89 -5- special projects. The Finance Director stated he felt the purpose of the insurance trust was to provide low cost insurance to member cities with the proceeds being returned to the member cities. Councilmember Scott inquired what the Council's next action would be. Mayor Nyquist stated a letter was sent to all cities in the State. He added the League of Minnesota Cities' dues are part • of the 1990 budget. The City Manager reminded Councilmembers the City cannot belong to the insurance trust unless it is a League member. MAYORAL APPOINTMENT - HUMAN RIGHTS AND RESOURCES COMMISSION There was a motion by Councilmember Pedlar and seconded b y Councilmember Paulson to appoint pp nt Kevin Smith to the Human Rights and Resources Commission. The motion passed unanimously. Mayor Nyquist stated he has been asked to pass a Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of Diane Ziegler (Lemke). He noted she has been named by the McKnight Foundation as one of ten in the State of Minnesota for significant contributions ons in human services. RESOLUTION NO 89 -228 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DIANE LEMKE ZIEGLER The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8 :12 p.m. and reconvened at 8:28 p.m. CONTINUATION OF 1990 PROPOSED BUDGET REVIEW The City Manager stated the Council left off its review of the budget on the Vehicle Maintenance Budget, Unit No. 43. The Council had no questions at this time. The Council then reviewed the Traffic Signals Budget, Unit No. 44. Councilmember Scott inquired if this included the new signal by Brookdale Square. The City Manager responded affirmatively. The City Council went on to review the Street Lighting in Budget, Unit Councilmember Cohe stated g g it No. 45. d a property owner has put t a Y p light in the alley between 53rd and 54th on Logan, and he would now like the City to take over the payment for this light. Councilmember Cohen stated he felt staff should review the policy and investigate whether there are enough lights to meet the present needs in this area. The City Manager stated staff could review the existing guidelines and policies for alley lights and also the current needs. The City Council then reviewed the Weed Control Budget, Unit No. 46. The Council had no questions. 11/27/89 -6- i The Council went on to review the Health Regulation and Inspection Budget, Unit No. 51. The Council had no questions at this time. The City Council next reviewed the Social Services Budget, Unit No. 52. e Councilmember Pedlar inquired why there was an increase for the senior transportation program. The City Manager stated that is the City's share of this program. He noted the City's participation in this program is currently under review. Mayor Nyquist stated he believed the City should have a policy regarding funding of public programs. The City Manager stated his office has received a request from the Humane Society for funding and they may appear at the December 6 meeting. The Council next reviewed the Recreation and Parks Administration Budget, Unit No. 61. The Council had no questions at this time. The City Council then proceeded to review the Adult Recreation Programs Budget, Unit No. 61. The Council had no questions at this time. Next, the City Council reviewed the Teen Recreation Programs Budget, Unit No. 63. The City Council had no questions at this time. The City Council continued the review of the 1990 budget by proceeding to the Children's Recreation Programs Budget, Unit No. 64. Councilmember Cohen inquired if staff had participation figures. The City Manager responded affirmatively. He noted approximately five years ago the participation decreased significantly, but it has been growing steadily. Next, the City Council reviewed the General Recreation Programs Budget, Unit No. 65. The City Council had no questions at this time. The Council then proceeded to review the Community Center Budget, Unit No. 66. The Council had no questions at this time. The City Council then reviewed the Parks Maintenance Budget, Unit No. 69. Councilmember Cohen inquired if this is the budget which would be used for the tree planting program. The City Manager stated money has been added for reforestation within the parks. He stated he has asked the City Attorney to investigate whether the City could implement the type of program which interests Councilmember Cohen. Councilmember Cohen stated he is not suggesting a full- blown program for 1990, but he would like to see the City get started in 1990 and expand in future years. The City Council next reviewed the Watershed Management Budget, Unit No. 68. The Council had no questions at this time. Next, the Council reviewed the Convention and Tourism Bureau Budget, Unit No. 70. The City Manager stated staff is recommending the lodging tax be raised to six percent. Councilmember Cohen stated he felt staff should notify each hotel regarding this possible increase. He noted the Tourism Bureau should be promoting the entire City not just acting as an extension of the hotels advertising budget. 11/27/89 -7- k The Council then reviewed the Unallocated Departmental Expenses Budget, Unit No. 80. The City Council had no questions at this time. The City Manager then briefly reviewed the memorandum which he prepared relating to the six concerns from the September 21, 1989, budget review meeting. Councilmember Cohen stated he felt the appropriations for the League of Minnesota Cities' membership fees should be kept in the budget but should not be paid until the Council is happy with the League's response. He noted the money could be placed on hold, and all or part of it could be released if the issue is settled. The City Manager noted the City Clerk would review the arrangement for voting in precinct one before the next election. The City Manager noted the issue of the sidewalk P low and the additional police officer still needs further discussion. He noted the sidewalk plow and the additional police officer were the last two items cut from the budget. He noted the City started with two sidewalk plows and is still operating with two. He stated he reluctantly cut this item. He explained he cut the police officer because of economic reasons. He noted at this time $461,265 will be taken from the fund balance to make up the difference between the levy limit and the proposed budget. Councilmember Cohen inquired how long the City can continue to tap the reserve before it runs out. The Finance Director stated the reserve has also been used for capital projects, and the more money that is used for other items takes away from capital improvements. The City Manager reminded the City Council that preparation for this budget began in February. He noted the additional police officer will cost approximately $40,000. Councilmember Pedlar stated he does not believe the City can afford not to add the additional police officer. He stated he does not want to devalue the need for the MIS Coordinator, but he feels the quality of services within the City are more important than this position. He stated he feels the City needs to re- invest in the community. The City Manager pointed out adding one more police officer is not going to solve all the problems within the City. Councilmember Pedlar agreed but added one additional police officer will help. Councilmember Cohen stated he believes Councilmember Pedlar has stated the problem quite well, but he is not willing to second guess the staff where staff needs are concerned. He stated he believes the City's action is to move forward, but the legislature must be told the City has a problem and may need resources to address this problem. The City Manager stated he has a suggestion for addressing the snowplow issue. He stated it takes approximately three months to receive the plow, and it would not be available for this winter anyway. He rioted staff could review the issue in May or June and pay for it then out of the contingency fund if the money is still available. Mayor Nyquist inquired since the sidewalks are along state aid streets and plowing of sidewalks are for safety measures, could state aid be used to pay for the plow. The City Manager stated this has never been done in the past, but it could possibly be used 11/27/89 -8- Councilmember Scott stated she agreed that the additional police officer must be put back into the budget. She noted if the City is going to be operating the DARE program, then an additional police officer would really not be added but staff would be staying status quo. The City Manager noted the additional three percent lodging tax will make quite a difference. He noted it would make the strain on the reserve that much less. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to add one additional police officer to the Police Department budget. The motion passed unanimously. Councilmember Scott inquired if the drug forfeiture monies can be used toward line items and not salaries. The City Manager stated you cannot always count on this money to pay for necessary items. He stated staff would also like to use the forfeiture money for extra training on the new weapons. Mayor Nyquist recognized Mike Kaulfuss of the Police Department. Mr. Kaulfuss stated he has been a resident of the City for 16 years. He noted at this point he feels the Police Department is losing the battle against drugs and crime. He noted it is not anyone's fault, but this problem is being forced on the City from Minneapolis. He agreed with Councilmember Scott that by adding the additional police officer the force is really not being beefed up, but it is remaining status quo. He added that nothing is going to change overnight. Councilmember Cohen stated sometimes you have to attack a problem from as many directions as possible to take control of the problem. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Paulson to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:24 p.m. i City Clerk Mayq i I i f I i i s 11/27/89 -9-