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HomeMy WebLinkAbout1989 05-22 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 MAY 22, 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, and Jerry Pedlar. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, HRG Administrator Tom Bublitz, and Administrative Aide Patti Page. INVOCATION The invocation was offered by Mayor Nyquist. OPEN FORUM Mayor Nyquist recognized Gene Kasmar, 5559 Lyndale Avenue North, who stated he appeared two weeks ago at the Council meeting to speak against the invocation for the Council. He stated he was disappointed that an invocation is still being offered before the Council meeting. He stated he does not believe the invocation has a place in a secular function. Mayor Nyquist recognized Mike Kaulfuss, president of the Brooklyn Center Police Association. Mr. Kaulfuss stated he would like to request the Council consider allowing the police department to spend the money obtained through drug seizures for semi- automatic weapons. He added he would also like to request the Council's participation in the 1990 negotiations. Councilmember Scott inquired if there would be any training for use and cleaning of the semi - automatic weapons. Mr. Kaulfuss stated there would be an eight -hour training session. Councilmember Scott inquired if an officer would be allowed to continue using a revolver if they so wished. Mr. Kaulfuss stated he would prefer to see a total department conversion except for the investigative division. Mayor Nyquist inquired of the City Manager if it was appropriate for the Council to sit in on the bargaining unit negotiations. The City Manager stated he would prefer to use the process that has been used in the past. Councilmember Pedlar stated he was interested in obtaining more information regarding the process that is used for bargaining unit negotiations. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. Councilmember Paulson requested item 9a be removed and Councilmember Pedlar requested items 9e and 9f be removed. 5/22/89 -1- P II APPROVAL OF MINUTES - MAY 1 1989 - BOARD OF EQUALIZATION There was a motion by Councilmember Paulson and seconded by Councilmember Scott to approve the minutes of the May 1, 1989, Board of Equalization meeting. The motion passed unanimously. APPROVAL OF MINUTES - MAY 1 1989 - SPECIAL SESSION There was a motion by Councilmember Paulson and seconded by Councilmember Scott to approve the minutes of the May 1, 1989, special session. The motion passed unanimously. APPROVAL OF MINUTES - MAY 3 1989 - SPECIAL SESSION There was a motion by Councilmember Paulson and seconded by Councilmember Scott to approve the minutes of the May 3, 1989, special session. The motion passed unanimously. APPROVAL OF MINUTES - MAY 8 1989 - REGULAR SESSION There was a motion by Councilmember Paulson and seconded by Councilmember Scott to approve the minutes of the May 8, 1989, City Council meeting. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 89 -92 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT, APPROPRIATING FUNDS, ACCEPTING PROPOSAL, AND AUTHORIZING EXECUTION OF A CONTRACT FOR LANDSCAPE IMPROVEMENTS ON LAKEBREEZE AVENUE AND FRANCE AVENUE NORTH (IMPROVEMENT PROJECT 1989 -14) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 89 " -93 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) COMPUTERIZED ENGINE ANALYZER The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 89 -94 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND NORTH HENNEPIN MEDIATION PROJECT The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 89 -95 Member Todd Paulson introduced the following resolution and moved its adoption: 5/22/89 -2_ i RESOLUTION ACKNOWLEDGING GIFT FROM THE BROOKLYN CENTER LIONS CLUB The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 89 -96 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE BROOKLYN CENTER ROTARY CLUB The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. LICENSES There was a motion by Councilmember Paulson and seconded by Councilmember Scott to approve the following list of licenses: AMUSEMENT DEVICE - OPERATOR United Artists Theatre 5810 Shingle Ck. Pkwy. AMUSEMENT DEVICE : VENDOR B & K Music & Sales 133 Spring Valley Circle COMMERCIAL KENNEL Childrens Palace 5900 Shingle Ck. Pkwy. FOOD ESTABLISHMENT Leeann Chin, Inc. 6800 Shingle Ck. Pkwy. ITINERANT FOOD ESTABLISHMENT Brooklyn Center Lioness Central Park Betsy Medley Earle Brown Days Parade PT Donuts Earle Brown Days Parade MECHANICAL SYSTEMS Construction Mechanical Systems 1307 Sylvan Street Dean's Heating & A/C Route 4, Box 372 Domestic Mechanical 6667 W. Old Shakopee Rd. Flare Heating & Air Cond., Inc. 664 Mendelssohn Ave. N. J. K. Heating Company 1286 Hudson Road Wencl Services, Inc. 5325 West 74th St. MOTOR VEHICLE DEALERSHIP Brookdale Ford, Inc. 2500 Co. Rd. 10 Bob Ryan Oldsmobile 6700 Brooklyn Blvd. RENTAL DWELLING Initial: Gerald L. McGuire The Village at River West Patricia Doughty 5301 James Ave. N. 5/22/89 -3- Renewal: Norman Chazin Brookdale Manor Apts. Norman Chazin Four Courts Apts. Norman Chazin North Lyn Apts. Norman Chazin Northbrook Terrace Apts. Norman Chazin 6037 Brooklyn Blvd. Marcus Corporation 6415 James Circle North Jack and Nancy Wold 5907 -5909 June Ave. N. Norbert & Dolores Volbert 4207 Lakeside Ave. N., #122 Darrel Farr Development Corp. 4207 Lakeside Ave. N., #233 Keller Properties 5800 Logan Ave. N. Logan North Properties 5820 Logan Ave. N. Keller Properties 5830 Logan Ave. N. Gene & Barbara Roback 3501 47th Ave. N. T. W. Thorbus 4300 - 63rd Ave. N. Lawrence R. Florian 857 -861 70th Ave. N. Robert W. Rode 869 70th Ave. N. S. Richard Silverness 873 -877 70th Ave. N. James R. Hokanson 881 -885 70th Ave. N. SIGN HANGER Attracta Sign Company 7420 W. Lake Street Crosstown Sign Company 10166 Central Ave. NE Demars Signs 4040 Marshall Street NE SWIMMING POOL Bennie Rozman Brookdale Ten Apts. Brooklyn Center Community Center 6301 Shingle Creek Pkwy. Gerald L. McGuire The Village at River West The motion passed unanimously. PRESENTATION - MINNESOTA WATER SKI ASSOCIATION Mayor Nyquist recognized Hank Longo, representing the Minnesota Water Ski Association. Mr. Longo stated he would like to thank the Mayor and City Council for allowing the water ski team to practice on Upper Twin Lake. PERFORMANCE BOND RELEASE - TARGET /SHINGLE CREEK CENTER 6000-6100 SHINGLE CREEK PARKWAY There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson to release the performance bond for Target /Shingle Creek Center, 6000 -6100 Shingle Creek Parkway. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Approving Plans and Specifications and Directing Advertisement for Bids for 1989 Sealcoating Program (Improvement Project No. 1989 -08). Councilmember Paulson inquired if there was any alternative to the sealcoating process which is currently being used. He stated he has heard a number of complaints because of the problems this process raises with car owners. The City Manager stated there is really is no other economical way to extend the life of the roadway and keep it viable. The Director of 5/22/89 -4- i Public Works stated there are basically two alternatives to the process that the City of Brooklyn Center uses. He noted the first alternative would be to not do any type of resurfacing at all. He noted by not doing anything, the roadways would be expected to last approximately half as long as those that are sealcoated. He stated the other alternative would be to put a bituminous overlay on the roadways. He stated this process is five to ten times more expensive and eventually the entire roadway would have to be removed because of the build up which would occur over the years. RESOLUTION N0. 89 -97 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR 1989 SEALCOATING PROGRAM (IMPROVEMENT PROJECT NO. 1989 -08) 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 a Capital Projects Fund Appropriation, Accepting a Proposal and Authorizing Execution of a Contract for Installation of a New Water Service Line to the Garden City Park Shelter Building (Improvement Project No. 1989 -11). The City Manager stated there has been two breaks in this water line over the last year and usually the breaks occur during the wintertime. He noted it is most expensive to repair these lines during the winter. He stated staff is requesting authorization for a capital projects appropriation so this project can be completed before winter. RESOLUTION NO. 89 -98 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING A CAPITAL PROJECTS FUND APPROPRIATION, ACCEPTING A PROPOSAL AND AUTHORIZING EXECUTION OF A CONTRACT FOR INSTALLATION OF A NEW WATER SERVICE LINE TO THE GARDEN CITY PARK SHELTER BUILDING (IMPROVEMENT PROJECT NO. 1989 -11) 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 Work Performed under Contract 1989 -A (Rehabilitation of Well No. 8, Improvement Project 1988 -23). The Director of Public Works stated it appears the condition of this well has stabilized, and the expected cost is $17,072.50. He noted the well has been running for approximately three weeks and there is no evidence of breakdown. He stated there has been a two percent reduction in the total pumping capacity of the well. RESOLUTION NO. 89 -99 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1989 -A (REHABILITATION OF WELL NO. 8, IMPROVEMENT PROJECT 1988 -23) 5/22/89 -5- i 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 Amending the 1989 General Fund Budget and Accepting Proposal to Repaint Overhead Doors and Trim on East and West Fire Stations. Councilmember Pedlar stated he is aware of the problem which has occurred over the years with the fire department. He noted he believes the City facilities and grounds should reflect how we would like all businesses and homes to look. RESOLUTION NO. 89 -100 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1989 GENERAL FUND BUDGET AND ACCEPTING PROPOSAL TO REPAINT OVERHEAD DOORS AND TRIM ON EAST_JiND WEST FIRE STATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 89 -101 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1989 GENERAL FUND BUDGET AND ACCEPTING PROPOSAL TO REPAINT THE OVERHEAD DOORS AT THE MUNICIPAL GARAGE AND SALT STORAGE BUILDING The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. ORDINANCES The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land. He noted this ordinance relates to the City initiated planning application for rezoning from R5 to Cl in the southwest corner of Brooklyn Boulevard and I -694. He stated this item was first read on April 24, 1989, published in the City's official newspaper on May 4, 1989, 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 35 of the City Ordinances Regarding the Zoning Classification of Certain Land and inquired if there was anyone present who wished to speak. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to close the public hearing. The motion passed unanimously. ORDINANCE NO. 89 -09 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND 5/22/89 -6- 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 Amending Chapter 35 of the City Ordinances Regarding Expansion of Single - Family Homes in the C1 Zoning District. He noted this item was first read on April 24, 1989, published in the City's official newspaper on May 4, 1989, and is offered this evening for a second reading. He noted staff opposes expansion of single - family homes within the C1 zone. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding Expansion of Single- Family Homes in the C1 Zoning District and inquired if there was anyone present who wished to speak. Mayor Nyquist recognized Dave Paulat, 6521 Brooklyn Boulevard. Mr. Paulat stated he believes approval of this ordinance would provide the best of both worlds for the City and the residents in this area. The EDA Coordinator entered the meeting at 7:40 p.m. Mr. Paulat added without the exemption the present property owners would not be allowed to expand their homes. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to close the public hearing. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to indefinitely postpone the second reading of An Ordinance Amending Chapter 35 of the City Ordinances Regarding Expansion of Single - Family Homes in the Cl Zoning District. The motion passed unanimously. The City Manager presented An Ordinance Extending Interim Ordinance No. 87 -16 for the Purpose of Protecting the Planning Process and the Health, Safety, and Welfare of the Residents of the Community, and Regulating and Restricting the Development of Adult Halfway Houses, Community Based Residential Facilities and Similar Uses in the City. He noted this item was first read on April 24, 1989, published in the City's official y newspaper on May 4 1989 and is y offered this evening for a second reading. Councilmember Scott inquired when the report will be complete. The Director of Planning and Inspection stated staff is expecting the report by the end of June and Council will have time to review and discuss the report in July. Mayor Nyquist opened the meeting or the purpose r ose of a public hearing on An Ordinance Extending Interim Ordinance finance No. 87 -16 for the Purpose of Protecting the Planning Process cess and the Health, Safety, and Welfare of the Residents of the Community, and Regulating and Restricting the Development of Adult Halfwa Houses Community y mmunity Based Residential Facilities and Similar Uses in the Cit and inquired if there ere was anyone present who wished to speak. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson to close the ublic hearing. motion ion assed . g unanimously. y 5/22/89 -7- ORDINANCE NO. 89 -10 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE EXTENDING INTERIM ORDINANCE NO. 87 -16 FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS OF THE COMMUNITY, AND REGULATING AND RESTRICTING THE DEVELOPMENT OF ADULT HALFWAY HOUSES, COMMUNITY BASED RESIDENTIAL FACILITIES AND SIMILAR USES IN THE CITY 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 a Portion of an Easement in Lots 1 and 2, Block 1, Shoppers Addition, Hennepin County, Minnesota. He noted this easement crosses the SuperAmerica site at trunk highway 252 and 66th Avenue North and the vacant property west of the SuperAmerica site. He explained the vacation is requested by the property owners. He added this ordinance is offered this evening for a first reading. i There was a motion by Councilmember Paulson and seconded by Councilmember Scott to approve for first reading An Ordinance Vacating a Portion of an Easement in j I Lots 1 and 2, Block 1, Shoppers Addition, Hennepin County, Minnesota and setting a public hearing date for June 12, 1989, at 7:30 p.m. The motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 7 of the Brooklyn Center Code Relating to Collection of Recyclable ble Mate rials and Yard y Wastes; Prohibiting Scavenging of Recyclable Materials; Authorizing Collection Districts. He noted this item was first read on April 24, 1989, published in the City's official y 1 newspaper on May 4, 1989, 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 7 of the Brooklyn Center Code Relating to Collection of Recyclable Materials and Yard Wastes; Prohibiting Scavenging of Recyclable Materials; Authorizing Collection Districts and inquired if there was anyone present who wished to speak. No one requested to speak, and 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. The motion passed unanimously. ORDINANCE NO. 89 -11 Member Celia Scott introduced the following ordinance and moved its adoption: i AN ORDINANCE AMENDING CHAPTER 7 OF THE BROOKLYN CENTER CODE RELATING TO COLLECTION OF RECYCLABLE MATERIALS AND YARD WASTES; PROHIBITING SCAVENGING OF RECYCLABLE MATERIALS; AUTHORIZING COLLECTION DISTRICTS The motion for the adoption of the foregoing ordinance was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 5/22/89 -8- Y PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO. 89009 SUBMITTED BY MILTON CARLSON AND HARRIET BERG REQUESTING REZONING FROM R2 TO R4 OF THE TWO FOUR PLEXES AT 610 AND 620 53RD AVENUE NORTH The City Manager noted the Planning Commission considered this application on March 16, 1989, and expanded the rezoning consideration to include other nonconforming multiple - family buildings in the southeast neighborhood. He explained the application was referred to the Southeast Neighborhood Advisory Group who reviewed the application and recommended approval of rezoning, including all of the nonconforming multiple - family buildings in the southeast neighborhood. HRG Administrator Tom Bublitz left the meeting at 7:50 p.m. The Director of Planning and Inspection went on to briefly review the locations of the other buildings within the southeast neighborhood. He explained also included with this agenda item is _a resolution regarding the disposition of the planning commission application and also an ordinance amending chapter 35 regarding the zoning classification pertaining to these properties. He noted there were six findings which should be considered for approval of the application. He went on to review the six findings for the Mayor and Council. Councilmember Paulson asked the Director of Planning and Inspection to address the issue of spot zoning and group homes. The Director of Planning and Inspection stated in 1966 the consultant recommended against rezoning because of the then current definition of spot zoning. He noted the current definition of spot zoning allows for the rezoning of these properties because spot zoning is approval of rezoning when the current zone is inconsistent with the comprehensive plan. The Director of Planning and Inspection noted these apartment buildings would be and are eligible for group home use. He stated this rezoning would not expand the type of uses allowed in the apartment buildings but, they could be used for group homes now under State law. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 89009 submitted by Milton Carlson and Harriet Berg and inquired if there was anyone present who wished to speak. No one requested to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson to close the public hearing on Planning Commission Application No. 89009. - The motion passed unanimously. RESOLUTION NO. 89 -102 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION REGARDING DISPOSITION OF APPLICATION NO. 89009 SUBMITTED BY MILTON CARLSON AND HARRIET BERG The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 5/22/89 -9- There was a motion by Councilmember Scott and seconded by Councilmember Paulson approving for first reading An Ordinance Amending Chapter 35 Regarding the Zoning Classification of Certain Land Considered under Planning Commission Application No. 89009 and setting a public hearing date of June 12, 1989, at 7:30 p.m. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:10 p.m. and reconvened at 8:25 p.m. DISCUSSION ITEMS REPORT REGARDING COST ESTIMATE DISTRIBUTION OF INFORMATION AND PETITION PROCESS RELATING TO IMPROVEMENT OF FOUR UNIMPROVED ALLEYS The Director of Public Works stated on May 8, 1989, the City Council approved several changes in the City's policy regarding alley improvements. He noted based on those policy changes staff has developed and sent packets of information to all property owners abutting the four unimproved alleys. He explained the information sent included a cover letter, an updated summary of the established policies regarding alley improvements, cost and special assessment information, and individualized petitions which property owners may use to petition for or against the improvement of their alley and also to express their preference for bituminous surfacing or concrete paving. He stated they requested all property owners to return these petitions to the City offices by May 31, 1989. The Director of Public Works stated if the City decides that there is enough support to conduct a public hearing, the Council would then adopt a resolution accepting the petition calling for the public hearing to be held. He stated following the public hearing, the City Council would then vote whether or not to order the improvement. REPORT REGARDING CONTINGENCY PLAN FOR IMPLEMENTATION OF WATER USE RESTRICTIONS The City Manager stated in 1987 and 1988 it was necessary to impose water use restrictions on the City of Brooklyn Center. He noted in 1987 the City chose the odd /even watering system but found it not to work as effectively as the system used in 1988. He explained in 1988 the restriction was from 3 p.m. to 9 p.m. each day, and staff found this system seemed to work most effectively and allowed the system to stay in balance. The Director of Public Works stated in the fall of 1988 the City Council requested City staff to conduct a survey of water use restrictions imposed by other cities, to recommend adjustments to the City's contingency plan based on the results of that survey, and to analyze the City's experience during the past two years. He noted a questionnaire was developed and sent to 33 cities in the metro area and 19 cities responded. The Director of Public Works stated staff believes quite strongly that the hourly restriction is much more effective than the odd /even system, and they would recommend this type of policy for water restrictions if necessary. He stated after detailed review of water supply and use records and a review of this data by consulting engineers, it indicates that the City's system should be able to bounce back adequately after a five -hour restriction. He noted this 5/22/89 -10- year staff is recommending the restriction be from 3 p.m. to 8 p.m. daily. He went on to review the proposed contingency plan and the types of enforcement which will be used. Councilmember Pedlar inquired if it would be possible to impose the ban between noon and 6 p.m. daily. The City Manager stated the timing of the ban directly relates to the loss of water reserves. He noted the loss occurs around 2 p.m. to 3 p.m. Councilmember Scott stated she agrees with Councilmember Pedlar and she would like to have the idea of a noon to 6 p.m. water restriction investigated. She noted this would give those people who work more of a chance to water. The City Manager stated staff would look into this. STORAGE OF COMMERCIAL AND RECREATIONAL VEHICLES IN RESIDENTIAL AREAS The City Manager explained approximately two months ago Councilmember Pedlar raised the question as to whether or not the Council might want to reconsider the ordinance regulating the parking of commercial type vehicles in residential areas. He noted at that time staff prepared materials for Councilmembers Pedlar and Paulson to review which would give them background information on the Council's previous consideration of this matter. The City Manager stated it is staff's recommendation the City Council not modify the regulation of commercial vehicles in residential zones as it was the result of extensive consideration, and it has a basic rationale which encourages the separation of commercial activity from residential areas. He noted this type of regulation appears to also have community support based on the recent community survey results. Councilmember Pedlar stated as he reviewed the background materials which the staff prepared for him, there is no question the staff and Council spent a great deal of time and effort on consideration of the ordinance in the first place. He stated he feels there is definitely a need for an ordinance that addresses very large vehicles. He explained he feels the entire issue started as a noise problem and evolved into a size problem. He stated he believes the Council went too far in trying to address this issue. He stated he feels there are people within the City who have large vehicles that have not posed a problem to their neighbors. Councilmember Scott stated she agrees with Councilmember Pedlar that by restricting some of the smaller vehicles, the Council has created a hardship for the smaller businessman. Councilmember Pedlar pointed out the survey results show the residents in Brooklyn Center are in favor of this type of ordinance. He inquired if further investigation could be done into the area of allowing special use permits for these type of vehicles. Councilmember Scott inquired of the City Attorney if there is any type of permit that could be used for these vehicles. The City Attorney stated he has never seen a permit mechanism used for this type of situation, but he believed something could be worked out. He added Council may find that a truck that is accepted in one neighborhood will not be accepted in another. The City Manager stated if a permit is issued for each individual case, the Council will have problems being consistent. Councilmember Pedlar stated he still believes the main issue is the noise problem. The City Manager noted the entire issue arose because of the noise problem and objections from neighbors who live next to large vehicles. Councilmember Pedlar stated he feels it would be appropriate to delay implementation to allow for further investigation. The City Attorney stated if this is the route the Council wants to take, it could rescind the 5/22/89 -11- E i second reading of the ordinance and leave it as an ordinance which has had a first reading but not yet been adopted. I The Director of Planning and Inspection � g p pointed out the special use permit ' provision was addressed in a past memo. He stated noise problems are difficult to address because there are school buses and garbage trucks traveling through -the neighborhood which are just as noisy as these other vehicles. The City Manager stated staff is frustrated because they cannot find a way to deal with what the Council is asking. He added he does not believe the Council wishes to put the City in a position of defending itself. Councilmember Pedlar stated he did not understand what the City would be accomplishing by going ahead with this ordinance. He stated he did not believe the City would be addressing the actual problem and inquired who the City is protecting by enforcement of this ordinance. Councilmember Paulson stated he still believes something could be worked out with regard to a special use permit. He noted the City Attorney stated he also felt some type of language could be worked out to address the issue. The City Manager stated he did not mean to imply it was impossible to implement a special use permit for these vehicles but rather staff did not recommend this � process. He noted it would undoubtedly create problems down the road and open the Council to a wide variety of legal issues. Councilmember Pedlar stated he still has a number of questions which he needs answers to before he would be comfortable in allowing enforcement of this ordinance. The City Manager stated the ordinance is to become effective on June 1, 1989. He noted if the Council so wished, staff could start enforcement by sending notices to those people we have received complaints on and allow them "x" days in which to comply. He stated if anyone were to call inquiring why we are not starting stronger in enforcement, staff would have to explain that the Council may be reconsidering this issue and strict enforcement of the ordinance will not occur until the issue is reconsidered. He added he strongly encourages the Council to resolve this problem in some way. The City Attorney stated it is important the Council give staff some type of direction in this issue. He noted it is going to be difficult to draft an ordinance unless staff knows exactly what the Council does or does not want. SELECTION OF COUNCILMEMBER Mayor Nyquist stated because of the resignation of Councilmember Lhotka, the Council should appoint a person to fill the Council vacancy. He noted under the Charter the Council is allowed 30 days in which to appoint a person to fill the vacancy. He noted he has outlined a process which he is suggesting the Council use for appointment to the Council vacancy. He noted he would like to see a unanimous vote, although that restriction cannot be imposed because the City Charter states a majority vote. He briefly reviewed the process for selection and inquired if the Council had any questions or comments. Councilmember Scott stated she felt the process outlined by the Mayor was acceptable, and she would suggest ten ballots being the maximum ballots to be taken. Councilmember Pedlar concurred with Councilmember Scott's comments. Councilmember Paulson inquired if the application from Mark Ellis would be included with the other candidates. Mayor Nyquist stated he hesitated to add 5/22/89 -12- 3 l this application because it was received after the deadline, and there may have been other people who wanted to apply but did not because it was past the deadline. Councilmember Paulson stated Mr. Ellis contacted him on the day of the deadline, and he in turn tried to contact the Mayor and City Manager but was unable to reach either of them. Mayor Nyquist stated he recalled receiving a message that Councilmember Paulson had called for him that evening. There was a motion by Councilmember Paulson and seconded by Councilmember Scott to include Mark Ellis as an applicant for the position of Councilmember. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to officially adopt the procedure as set forth in the memorandum dated May 22, 1989, from the Mayor and to place the maximum number of ballots at ten. The motion passed unanimously. 1 Mayor Nyquist stated he felt it was important to discuss the criteria the Council felt was necessary for the appointment of a person to the vacancy. He noted he felt experience is very important for filling this vacancy. He noted Phil Cohen is a former Mayor and Councilmember of the City of Brooklyn Center and is well suited to this position. He added he felt politics should be left out of the City Council proceedings. Councilmember Pedlar stated he felt the individual which is appointed to fill this vacancy should not run as an incumbent in the next election. Mayor Nyquist stated the Council cannot legally restrict the individual from running as an incumbent. Councilmember Paulson stated he felt the Council should look at the enthusiasm, knowledge, and strengths which each applicant can bring to the Council. Councilmember Scott stated she is pleased that the Council has four candidates to choose from. She noted although there is no way the Council can legally require them not to run as an incumbent in the next election, Phil Cohen has stated he would not run for re- election but would be most honored to fill the vacancy. Councilmember Pedlar stated on the basis that the Council cannot legally restrict this person from running for the next election, he would be in favor of a special 1 electi P on. He noted this would give the choice back to the voters. He added he felt by allowing this person to run as an incumbent in the next election, he would be getting a head start on anyone else interested in the Council seat. Mayor Nyquist stated the first step in the process would be to hold a preliminary, unofficial roll call vote in which each member indicates their first and second choice. He noted the first choice would be allocated two points and the second choice one point. He stated the applicants with the fewest number of votes would be dropped from any further consideration. Mayor Nyquist asked each Councilmember to indicate their first and second choice. 5/22/89 -13- Councilmember Pedlar - Phil Cohen (2) Barb Jensen (1) Councilmember Scott - Phil Cohen (2) Barb Jensen (1) Mayor Nyquist - Phil Cohen (2) Barb Jensen (1) Councilmember Paulson - Barb Jensen (2) Phil Cohen (1) Mayor Nyquist stated Phil Cohen received seven points and Barb Jensen received five points. It was noted Mark Ellis and Bob Hock would be dropped from any further consideration. Mayor Nyquist stated the next step in the process would be for each member to indicate their first choice. He noted if there is a unanimous consensus the Council would then proceed with the resolution appointing a person to the Council vacancy. He noted if there is a majority vote a second ballot would be taken to give the dissenting vote the opportunity to change or abstain. Mayor Nyquist asked each member to indicate their first choice. Councilmember Paulson - Phil Cohen Mayor Nyquist - Phil Cohen Councilmember Scott - Phil Cohen Councilmember Pedlar - Phil Cohen Mayor Nyquist stated it appears Phil Cohen is to be appointed as Councilmember on the City Council of the City of Brooklyn Center. RESOLUTION N0. 89 -103 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION MAKING AN APPOINTMENT TO FILL THE VACANCY ON THE COUNCIL CREATED BY THE RESIGNATION OF COUNCILMEMBER GENE LHOTKA The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and 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 10 :10 p.m. r City Clerk Ma 5/22/89 -14- i i