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HomeMy WebLinkAbout1988 01-25 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 JANUARY 25, 1988 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 Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. 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, HRA Coordinator Brad Hoffman, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Councilmember Theis. 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 Lhotka requested items 9c and 9f be removed, and Councilmember Theis requested items 9h and 9j be removed from the consent agenda. APPROVAL OF MINUTES JANUARY 11 1988 - REGULAR SESSION There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the minutes of the January 11, 1988, City CowiciI meeting. The motion passed unanimously. PERFORMANCE BOND RELEASE - BROOKLYN CENTER BAPTIST CHURCH - 5840 HUMBOLDT AVENUE NORTH There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to release the performance bond for Brooklyn Center Baptist Church, 5840 Humboldt Avenue North. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 88 -16 Member Gene Lhotka introduced the following resolution and moved its adoption: 1 -25 -88 -1- RESOLUTION ACKNOWLEDGING GIFT FROM THE R/C GRASSFIELD MODEL AIRPLANE CLUB The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO. 88 -17 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPOINTING COMMISSIONER AND ALTERNATE COMMISSIONER TO THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION I The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO. 88 -18 Member Gene Lhotka introduced the following resolution and moved its adoption: i RESOLUTION APPOINTING COMMISSIONER AND ALTERNATE COMMISSIONER TO THE WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO - . 88 19 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF ONE (1) DUMP BOX AND HYDRAULICS The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO. 88 -20 Member Gene Lhotka introduced the following resolution and moved its adoption: i RESOLUTION ACCEPTING METRO HRA SECTION 8 INSPECTIONS CONTRACT The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Theis. to approve the following list of licenses: BULK VENDOR D & G Vending, Inc. 4313 NE Washington St. CIGARETTE The Gift Shop 2200 Freeway Blvd. FOOD ESTABLISHMENT Best, Inc. 563 Payne Avenue 1 -25 -88 -2- Earle Brown Commons 6100 Summit Drive ITINERANT FOOD ESTABLISHMENT Orchard Lane Elementary School 6201 Noble Ave. N. L Sharing & Caring 6301 Shingle Crk. Pkwy. NONPERISHABLE VENDING MACHINES American Vending Company P. 0. Box 511 Sears Automotive Brookdale Center ARA Services 2830 North Fairview Northwestern Bell 5910 Shingle Crk. Pkwy. Bill's Vending Service 7317 West Broadway Brooklyn Center Service 6245 Brooklyn Blvd. D. L. Service Co. 2516 83rd Ave. N. Lowell's Automotive 6211 Brooklyn Blvd. j Precision, Inc. 3415 48th Ave. N. Twin City Vending Co. Inc. 1065 East Highway 36 Group Health, Inc. 6845 Lee Ave. N. Sears Brookdale Center PERISHABLE VENDING MACHINES American Vending Company P.O. Box 511 Sears Automotive Brookdale Center Twin City Vending Co. Inc. 1065 East Highway 36 Earle Brown Farm Ind. Park 6100 Summit Drive Highland Superstore 5951 Earle Brown Drive Sears Brookdale Center RENTAL DWELLINGS f Initial: Peggy A. White 7013 Emerson Ave. N. Thomas W. Kotila 5430 Morgan Ave. N. Renewal: Rudolph J. Olson 6505 Brooklyn Blvd. Leo Vogel 1513 Humboldt Place John Carnahan 1531 Humboldt Place SPECIAL FOOD ESTABLISHMENT Norden, Inc. 1325 Brookdale Center The motion passed unanimously. MAYORAL APPOINTMENT - HUMAN RIGHTS AND RESOURCES COMMISSION CHAIRPERSON There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to appoint Jayne Kuhar as chairperson for the Human Rights and Resources Commission. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Urging an Amendment to State Aid for Police Pensions Law. He explained for many years a premium tax of 2% has been collected by the State of Minnesota on all auto insurance premiums, and this tax 1 -25 -88 -3- is distributed to cities and counties to be used for police pension costs. He noted since 1977 cities and counties have been required to rebate any money received over and above the City or County expenses for employer contributions for police pensions. He stated in the past Brooklyn Center has not had to rebate excess funds to PERA because the City's expenses have always exceeded the total dollar amount received from the State. He stated since insurance costs are rising at a quicker rate than salaries for police officers, this scenario could change in the near future. He added it would be possible for the City to be required to rebate money back to PERA in 1988. RESOLUTION NO. 88 -21 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION URGING AN AMENDMENT TO STATE AID FOR POLICE PENSIONS LAW The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. The City Manager presented a Resolution Receiving Report, Establishing Improvement Project No. 1988 -08 (Installation of Pressure Tanks at Wells No. 2, 4, 5, 7, and 8), Accepting Quotations and Approving Contract Therefor. Councilmember Lhotka inquired why the cost of furnishing miscellaneous parts was so much more expensive than the cost of furnishing five storage tanks. The Director of Public Works gave a brief explanation of all necessary parts which were covered under the miscellaneous parts section. Councilmember Lhotka inquired if these changes would add to the life of the system. The Director of Public Works responded affirmatively. RESOLUTION NO. 88 -22 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RECEIVING REPORT, ESTABLISHING IMPROVEMENT PROJECT NO. 1988 -08, (INSTALLATION OF PRESSURE TANKS AT WELLS NO. 2, 4, 5, 7, AND 8), ACCEPTING i QUOTATION AND APPROVING CONTRACT THEREFOR The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis and the motion assed unanimously. nimousl . Y The City Manager presented a Resolution Approving Canada Goose Population Management and Ecology Contract with the University of Minnesota. Councilmember Lhotka inquired if the City Manager has received any response from the cities of Crystal and Robbinsdale regarding their interest in this program. The City Manager stated he has received a verbal response from both cities and neither of them are interested in participating in the program. Councilmember Lhotka inquired where the three sites are which are noted in the contract. The City Manager stated the contract covers Centerbrook Golf Course, Central Park, and Palmer Lake. There was a brief discussion regarding the resident who operates the DNR approved wild life refuge at the north end of Twin Lake and whether the Canada Goose Population Management Program would affect this wild life refuge. The Director of Public Works stated the revised contract which would provide for annual payments has been received by the City. 1 -25 -88 -4- RESOLUTION NO. 88 -23 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING CANADA GOOSE POPULATION MANAGEMENT AND ECOLOGY CONTRACT WITH THE UNIVERSITY OF MINNESOTA The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager introduced a Resolution Approving a Joint Powers Agreement to form the Hennepin Recycling Group. The City Manager explained the joint powers agreement would allow the cities to negotiate a contract with haulers for the collection of rubbish and recyclables. Councilmember Theis inquired when the citizens would be notified of the proposed changes. The HRA Coordinator stated a public meeting will be held 60 days after the passage of the original j resolution. A brief discussion then ensued regarding the backout provision in the agreement. It was noted the public hearing would most likely be scheduled for the second Council meeting in February. I f RESOLUTION NO. 88 -24 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION APPROVING A JOINT POWERS AGREEMENT TO FORM THE HENNEPIN RECYCLING GROUP I The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. The City Manager presented a Resolution Approving Vacation Leave and Sick Leave for Fire Chief. Councilmember Theis inquired if the hours of vacation leave ` falls in line with the number of years of service. The City Manager responded affirmatively. RESOLUTION NO. 88 -25 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING VACATION LEAVE AND SICK LEAVE FOR FIRE CHIEF The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. ORDINANCE The City Manager presented An Ordinance Amending Chapter 19 Relating to Petty and Theft Related Offenses. He explained this ordinance is offered for a first reading this evening. He noted the amendment would eliminate "justice of the peace" from the ordinance and also make the penalty sections consistent with other such sections of the City ordinances. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve for first reading An Ordinance Amending Chapter 19 Relating to Petty and Theft Related Offenses and setting a public hearing date for February 22, 1988, at 7:30 p.m. The motion passed unanimously. 1 -25 -88 -5- PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO 87028 SUBMITTED BY MARY KORZENOWSKI REQUESTING PRELIMINARY R.L.S. APPROVAL TO RESUBDIVIDE INTO THREE TRACTS THE OLD COOK PAINT SITE AT 4800 NORTH LILAC DRIVE THE SITE OF OMNI TOOL TO THE EAST AND TWO SMALL VACANT TRACTS IN BETWEEN The City Manager noted this item was recommended for approval by the Planning Commission at its January 14, 1988, meeting. The Director of Planning and Inspection stated this application was originally discussed by the Planning Commission at its December 7, 1987, meeting. At this time it was tabled for additional comment by the City Attorney. He then referred Councilmembers to pages two and three of the January 14, 1988, Planning Commission minutes and the attached informational sheet with those minutes. He briefly explained the application and noted the 27 parking stalls along 48th Avenue would have to be removed because they are a nonconforming use. He stated the Planning Commission recommended approval of this application subject to three conditions which he reviewed for the Council. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 87028 submitted by Mary Korzenowski. He inquired if there was anyone resent who wished to speak at P p the public hearing, no one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on Planning Commission Application No. 87028. The motion P assed unanimously. Y There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve Planning Commission Application No. 87028 submitted by Mary Korzenowski subject to the following conditions: 1. The final R.L.S. is subject to review and approval by the City Engineer. 2. The final R.L.S. is subject to the provisions of Chapter 15 of the City Ordinances. 3. The applicant shall enter into a restrictive covenant to provide a minimum of 28 additional parking stalls on the K and K Sales site upon a determination by the City that such additional stalls are necessary for the proper functioning of the site. Said covenant shall be filed with the title to the property at the County. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the final plat for K and K Sales and Omni Tool Property R.L.S. The motion passed unanimously. RECES The Brooklyn Center City Council recessed at 7:50 p.m. and reconvened at 8 :10 p.m. 1 -25 -88 -6- DISCUSSION ITEMS NAME CHANGE OF BROOKLYN CENTER MEDIATION PROJECT Mayor Nyquist stated it has been requested this item be laid over to a later date. REVIEW AND DISCUSSION OF MATERIALS SUBMITTED BY THE COMMUNITY ACTION GROUP OPPOSED TO THE SPECIAL USE PERMIT ISSUED TO THE BILL KELLY HOUSE The City Manager referred the Mayor and Councilmembers to the large packet of materials prepared by the Community Action Group. Mayor Nyquist stated he thought the materials were well organized. Councilmember Theis stated he believes the Community Action Group has submitted quite a lot of riew information, and he believes there is a need to address each item. Councilmember Theis stated during the public hearings regarding the Bill Kelly r House, it appears that representatives of the Bill Kelly House made statements to the Planning Commission and the City Council which they felt were necessary to make their position the strongest. He added in some cases it appears the true facts were misrepresented. He concluded by saying he believes the new information warrants taking another look at the permit issued to the group home. j There was a brief discussion regarding the rules and regulations and the proper motions necessary to reopen the public hearing or reconsider the permit. The City Attorney stated it would appear the proper motion would be to rescind the permit. However, the applicant has not seen the new information or had time to k respond to it. He suggested the motion should include reopening of the public hearing, setting a public hearing date, and notifying the applicant of the public hearing and new information. He stated after the hearing the Council could move to rescind or revoke the group home permit. Councilmember Hawes inquired if the motion should be made by someone on the prevailing side of the approval. The City Attorney stated a motion to reconsider should be made by someone who voted on the prevailing side of the issue. However, a motion to rescind could be made by any member of the Council. Councilmember Lhotka inquired of the City Attorney if there was enough new information to allow the City to rescind or revoke the group home's permit. The City Attorney stated the question before the Council appears to be whether the new information submitted is sufficient in kind, nature, and magnitude that it would have changed the Councilmembers' mind if the information had been submitted before the original approval was given. Councilmember Lhotka inquired if a motion to rescind was made and the item then tabled, would the public hearing date be set this evening. The City Attorney stated the sooner the public hearing date is set the more options are left open to the Council. A brief discussion then ensued regarding the new information submitted and the appearance of misrepresentation by the applicant. There was a motion by Councilmember Theis and seconded by Councilmember Scott to reopen the public hearing regarding Planning Commission Application No. 87012 submitted by Bill Kelly House, to consider new information which has been submitted by the Community Action Group, and setting a public hearing date of February 16, 1988, at 7:30 p.m. The motion passed with Councilmember Lhotka opposed. Councilmember Lhotka stated he opposed the motion because the possibility of misrepresentation on the part of the applicant was mentioned during the Council's discussion of the motion. 1 -25 -88 -7- QUEST FROM YELLOW TAXI SERVICE CORPORATION REGARDING A METER RATE INCREASE The City Manager stated there has been a request from Yellow Taxi Service for a rate increase. He explained in the current taxicab ordinance it is stated that rates charged may not exceed taxicab rates which are lawful in the City of Minneapolis. He noted this ordinance has not been updated for quite sometime and referred the Mayor and Councilmembers to the list of changes suggested by the police department. He stated basically the purpose of this license is to inspect the cabs for all safety features. Councilmember Scott inquired if the Council could approve the fee increase and have the City Manager work with other cities to develop a taxicab ordinance which would be the same throughout the suburbs. The City Manager stated an ordinance amendment would be necessary to approve the fee increase. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis directing the City Manager to prepare an ordinance amendment to change the rate structure for taxicabs and to have these rates set by resolution rather than by ordinance. The motion passed unanimously. AGENDA PACKET MODIFICATIONS The City Manager stated City staff has been reviewing practices of other communities as it relates to their City Council agenda packet formats. He noted he included in this evening's agenda a sample of the City of New Brighton's format. He stated he would like to make it easier for the Council to review the data and materials that are sent out with each agenda packet. Councilmember Scott inquired if the Council would still receive the additional backup materials along with the brief summary page. The City Manager responded affirmatively. He suggested having staff prepare the brief summary pages for a few selected items out of each agenda over the next few months. There was a general consensus among Councilmembers that the City Manager should prepare a brief summary page for a few selected items from each agenda over the next few months. PROPOSED NEIGHBORHOOD HOUSING ANALYSIS The City Manager stated the preliminary staff work which has been done on a redevelopment policy indicates a need for a thorough analysis of the City's housing stock neighborhood by neighborhood. He stated staff believes the study could be financed with community development block grant funding. He briefly reviewed the areas the study would consider. Councilmember Lhotka inquired if i the funding from CDBG would be above the current level of funding. The City Manager stated currently the City is not using all funds available from the 4 CDBG. The HRA Coordinator stated the funding from CDBG is used for the City's rehab grant program. He noted the number of rehab grants has been declining over the past few years. Mayor Nyquist inquired if this study is being suggested because the funding is available or because the study is necessary. The HRA Coordinator stated there is a definite need for a comprehensive study pertaining to the City's housing stock. He noted this study would allow the City to set a timetable for implementing various programs. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis directing staff to prepare a request for proposals for this project and to seek funding approval for this project through the CDBG process. The motion passed unanimously. 1 -25 -88 -8- The City Manager noted after receiving CDBG funding approval staff would return to the City Council for project approval. LRT NORTHWEST CORRIDOR ROUTE SELECTION PROCESS UPDATE The City Manager briefly reviewed the draft memorandum which he had prepared regarding the LRT Northwest Corridor Route Selection. He stated at this time it is questionable if the recommended route will include service to the Brookdale general area. A brief discussion then ensued regarding the proposed system and the impacts on existing services. OTHER BUSINESS Councilmember Hawes stated he had some questions regarding the sanitarian's report pertaining to Quet Viet Restaurant. The City Manager stated he would look into the matter and give a more detailed report to Councilmember Hawes. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Hawes to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:31 p.m. City Clerk Mayor,' I 1 -25 -88 -9-