Loading...
HomeMy WebLinkAbout1988 02-08 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 FEBRUARY 8, 1988 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Pro tem Bill Hawes at 7:08 p.m. ROLL CALL Mayor Pro tem Bill Hawes, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Planning and Inspection Ron Warren, City Engineer Bo Spurrier, City Attorney Charlie LeFevere, EDA Coordinator Brad Hoffman, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. INVOCATION t The invocation was offered by Councilmember Lhotka. l OPEN FORUM Mayor Pro tem Hawes noted the Council had not received any requests to use the open forum session this evening. He inquired if there was anyone present in the audience who wished to address the Council. There being none, he continued with the regular agenda items. CONSENT AGENDA Mayor Pro tem Hawes inquired if any Councilmembers requested any items removed from the consent agenda. No requests were made. APPROVAL OF MINUTES JANUARY 25 1988 - REGULAR SESSION There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the minutes of the January 25, 1988, City Council meeting. The motion passed unanimously. PERFORMANCE BOND REDUCTION - BROOKDALE CORPORATE CENTER III - 6160 SUMMIT DRIVE There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to reduce the performance bond for Brookdale Corporate Center III from $10,000 to $3,000. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 88 -26 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR POLICE DEPARTMENT REMODELING, PHASE III, IMPROVEMENT PROJECT NO. 1988- 01, CONTRACT 1988 -A The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 88 -27 Member Gene Lhotka introduced the following resolution and moved its adoption: 2 -8 -88 -1- I RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS TO REROOF AND INSULATE CITY GARAGE, IMPROVEMENT PROJECT NO. 1988 -03, CONTRACT 1988 -F 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 Lhotka and seconded by Councilmember Scott to approve the following list of licenses: CIGARETTE LICENSE The Pipeseller Shop 1301 Brookdale Center ITINERANT FOOD ESTABLISHMENT Brooklyn Center Lions 5618 North Lilac Drive Brooklyn Center High School 6500 Humboldt Ave. N. Earle Brown Elementary School 5900 Humboldt Ave. N. NONPERISHABLE VENDING MACHINES Canteen Company of MN, Inc. 6200 Penn Ave. S. FMC 1800 Freeway Blvd. Medtronics 6700 Shingle Creek Pkwy. Iten Chevrolet 6701 Brooklyn Blvd. J. R. Vending 5312 Perry Ave. N. Brooklyn Law Office 5637 Brooklyn Blvd. Royal Business Forms 6840 Shingle Creek Pkwy. Lynbrook Bowl, Inc. 6357 North Lilac Drive Northern States Power 4501 68th Ave. N. Minnesota Vikings Food Service, Inc. 5200 West 74th St. Hennepin County Service Center 6125 Shingle Creek Pkwy. Hiway 100 N. France Health Club 4001 Lakebreeze Ave. N. Ryan Construction 6160 Summit Drive Ryan Construction 6200 Shingle Creek Pkwy. Silent Knight Security Systems 1700 Freeway Blvd. State Farm Insurance 5930 Shingle Creek Pkwy. Service America Corporation 7490 Central Avenue NE Dayton's Brookdale Center Donaldson's Brookdale Center Graco 6820 Shingle Creek Pkwy. Metropolitan Transit Commission 6845 Shingle Creek Pkwy. Theisen Vending Company 3804 Nicollet Ave. S. Brookdale Ford 2550 County Road 10 Budgetel Inn 6415 James Circle Holiday Inn 2200 Freeway Blvd. Thrifty Scot Motel 6445 James Circle Bill West's Service Center 2000 57th Ave. N. Woodside Enterprises 11889 65th Ave. N. Brooklyn Center City Hall 6301 Shingle Creek Pkwy. PERISHABLE VENDING MACHINES Canteen Company of MN, Inc. 6300 Penn Ave. S. 2 -8 -88 -2- FMC 1800 Freeway Blvd. Medtronics 6700 Shingle Creek Pkwy. Iten Chevrolet 6701 Brooklyn Blvd. Minnesota Vikings Food Service, Inc. 5200 West 74th St. Hiway 100 N. France Health Club 4001 Lakebreeze Ave. N. Ryan Construction 6160 Summit Drive Ryan Construction 6200 Shingle Creek Pkwy. State Farm Insurance 5930 Shingle Creek Pkwy. Norcraft, Inc. 229 South 4th Street Brooklyn Center High School 6500 Humboldt Ave. N. Service America Corporation 7490 Central Ave. NE Dayton's Brookdale Center f Donaldson's Brookdale Center Graco 6820 Shingle Creek Pkwy. Metropolitan Transit Commission 6845 Shingle Creek Pkwy. Theisen Vending Company 3804 Nicollet Ave. N. Budgetel Inn 6415 James Circle i READILY PERISHABLE FOOD VEHICLE Taystee Baking Co. of St. Paul 4215 69th Ave. N. i C SPECIAL FOOD HANDLING ESTABLISHMENT Fun Services, Inc. 3615 50th Ave. N. t The Gift Shop 2200 Freeway Blvd. Gift Shop, Too 1501 Freeway Blvd. Ideal Drug 6800 Humboldt Ave. N. TAXICAB Airport Cab 3010 Minnehaha Ave. The motion passed unanimously. E RECESS The Brooklyn Center City Council recessed at 7:10 p.m. and reconvened at 7:17 p.m. PRESENTATION TO CONSTITUTION BICENTENNIAL COMMITTEE CHAIRPERSON Mayor Nyquist stated he believes Brooklyn Center is one of the finest cities because of the extraordinary amount of volunteer citizen participation. He noted Bill Lakotas was chairman of the Brooklyn Center Bicentennial Committee, and the Council felt it was ro er to recognize Mr. Lakotas' P P g s fine work on this committee. He continued by reading Resolution No. 88 -12 titled Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of the Brooklyn Center U.S. Constitution Bicentennial Committee and its Chairman, Bill Lakotas. RECESS The Brooklyn Center City Council recessed at 7:24 p.m. and reconvened at 7:40 p.m. 2 -8 -88 -3- PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO. 87027 SUBMITTED BY DR. JOHN LESCAULT REQUESTING A VARIANCE FROM THE SIGN ORDINANCE TO ALLOW A 32 SQ. FT FREESTANDING HOME OCCUPATION SIGN AT HIS RESIDENCE AT 6142 BROOKLYN BOULEVARD The City Manager stated the Planning Commission recommended denial of this application at its December 17, 1987, meeting. He noted the City Council considered this item at its January 11, 1988, meeting and tabled the item for further staff review and comment. The Director of Planning and Inspection stated Dr. Lescault has provided staff with a copy of Chapter 2500, State Board of Chiropractor Examiners Board Rules. He noted in section 2500.0200 it states "all advertisements, of any nature whatsoever, including office designation and business displays must bear the name of the licensee or licensees." He stated the rule does require the doctor's name on the sign, however, the rule does not specify the size of the sign or that the word chiropractor or chiropractic must appear. Councilmember Lhotka inquired if it would be better to change the sign ordinance or grant a variance. The Director of Planning and Inspection replied, if the Council feels the size limitation is a hardship for the applicant, a variance could be granted. Mayor Nyquist inquired if the state is trying to preempt the City's sign ordinance. The Director of Planning and Inspection stated he did not believe the state is trying to preempt the City sign ordinance because state law does not mandate the size of the sign only that the name of the licensee or licensees must appear on it. Councilmember Theis inquired what the size of the requested sign is in the variance. The Director of Planning and Inspection stated the applicant has requested a 32 sq. ft. or less size sign. He noted this was the size of a 4' by 8' sheet of plywood. Councilmember Theis stated he felt that was rather a large size to place in a residential area. Councilmember Lhotka stated he would be willing to increase the sign size to 3 1/2 sq. ft. to accommodate the state mandate. The Director of Planning and Inspection stated it appears the need to add another name to the sign is what is causing the problem at this point. Councilmember Lhotka stated he believes a 2.5 sq. ft. sign is appropriate for home occupation, however, if state law mandates the licensee's name on the sign he believes an additional one sq. ft. would be appropriate. The City Manager noted if the City Council is leaning towards an ordinance change staff could bring in examples of different size signs for the Council to review. Mayor Nyquist recognized Dr. John Lescault, the applicant, who stated the true name of his business is not on the current sign because of the lack of space. He stated he agrees with the Council that a 32 sq. ft. sign is much too large for a residential area, but that is the size recommended by a sign company. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to table Planning Commission Application No. 87027 submitted by Dr. John Lescault and directing staff to prepare a proposed ordinance amendment to allow for specific circumstances when a larger sign is necessary. The motion passed unanimously. 2 -8 -88 -4- ORDINANCES The City Manager presented An Ordinance Amending Chapter 21 Regarding Public Transportation. He noted this ordinance is offered this evening for a first reading and would provide for the establishment of taxicab rates by City resolution. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve for first reading An Ordinance Amending Chapter 21 Regarding Public Transportation and setting a public hearing date for March 14, 1988, at 7:45 p.m. The motion passed unanimously. The City Manager presented An Ordinance Repealing Ordinance No. 87 -15 and then Vacating Part of a Drainage and Utility Easement along the Southerly Lot Line of Lot 3, Block 3, Donnays Brook Lyn Gardens 4th Addition. He noted this item is offered this evening for a first reading. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve for first reading An Ordinance Repealing Ordinance No. 87 -15 and then Vacating Part of a Drainage and Utility Easement along the Southerly Lot Line of Lot 3, Block 3, Donnay's Brook Lyn Gardens 4th Addition and setting a public hearing date for March 14, 1988, at 7:45 p.m. The motion passed unanimously. DISCUSSION ITEMS CITY ENGINEER'S REPORT REGARDING PROPOSED STREET IMPROVEMENT ON LOGAN AVENUE NORTH AND NORTH LILAC DRIVE FROM 57TH AVENUE NORTH TO 59TH AVENUE NORTH: FRANCE AVENUE NORTH FROM SOUTH CITY LIMITS TO 50TH AVENUE NORTH: LAKEBREEZE AVENUE NORTH FROM FRANCE AVENUE NORTH TO AZELIA AVENUE NORTH: AND 50TH AVENUE NORTH FROM FRANCE AVENUE NORTH TO T H 100 The City Manager stated the Director of Public Works and the City Engineer have a presentation regarding these proposed street improvements and will be available to answer the Council's questions. The Director of Public Works proceeded to review slides of each proposed project location and briefly explained the necessary improvements at each location. The City Engineer then reviewed each project and noted some areas are in much worse condition than others. He pointed out there would be some revisions to the existing system on France Avenue North which would involve realigning the catch basins. He noted however, the drainage problems found along Logan Avenue are much more severe than the conditions found at the other project locations. The City Engineer then went on to review the methods of financing the projects which include special assessments, regular municipal state aid funds, local municipal state aid funds, and the public utilities fund. He went on to review the assessment rates for each project and explained the rationale behind these rates. Councilmember Hawes stated he had some concerns regarding the proposed bike trail which would run east from France Avenue and 50th Avenue, along 50th Avenue to Drew Avenue. He noted there is a large amount of bus traffic along Drew and inquired if it would not be better to have the bike path along Ewing Avenue. The City Engineer noted the traffic count did not indicate a large amount of traffic along Drew Avenue but it could be reviewed and Ewing would be a good alternative. Councilmember Scott stated there is a drainage problem along 57th Avenue eastward from Logan to Humboldt Avenues. She inquired if the City 2 -8 -88 -5- I foresees installing storm drainage along this area. The Director of Public Works stated that project would have to be coordinated with the County because it is a County road. RESOLUTION NO. 88 -28 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING ASSESSMENT RATES FOR STREET IMPROVEMENT PROJECTS IN RESIDENTIAL AREAS IN 1988 The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO. 88 -29 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RECEIVING ENGINEER'S REPORT AND CALLING FOR A HEARING ON LOGAN AVENUE IMPROVEMENT PROJECT NO. 1988 -04, FRANCE AVENUE IMPROVEMENT PROJECT NO. 1988 -05, LAKEBREEZE AVENUE IMPROVEMENT PROJECT NO. 1988 -06, AND 50TH AVENUE IMPROVEMENT PROJECT NO. 1988 -07 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RECOMMENDATION FROM PARK AND RECREATION COMMISSION REGARDING ADVISORY COMMISSION BYLAWS The City Manager briefly reviewed the past history with regard to this item and noted the City Council had rejected this resolution amendment in November 1987. The Mayor stated he attended the last Park and Recreation Commission meeting and noted the chairman wishes to be able to paraphrase the Commission's specific position on any item. Councilmember Theis noted any time a person reports on the happenings of a meeting things will be paraphrased. He added he would suggest approving the Commission's recommendation for the proposed amendment. Councilmember Hawes stated he believes the chairman fears he will not have the ability to answer any direct question regarding the Commission or its actions without approval of the Park and Recreation Commission. He added the chairman has stated he will go along with the Council's decision. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to reject the amendment to Article VII of the Bylaws. Councilmember Theis stated he felt the Council should the hear the chairman's position regarding this issue in person. There was a motion by Councilmember Theis to table this item until the chairman of the Park and Recreation Commission can be present at a Council meeting. The motion died for lack of a second. Upon vote being taken on the foregoing resolution, the motion passed with Councilmember Theis opposed. 2 -8 -88 -6- MAYOR AND COUNCIL'S SALARIES The City Manager briefly reviewed the elected official's salary survey which was completed by the Association of Metropolitan Municipalities. He noted it has been eight years since the Brooklyn Center City Council had an increase in their salaries. Councilmember Scott stated she believes an increase should be f considered. She pointed out the City is quite far behind at this point in Council salaries and the longer the Council waits the further behind the salaries get. Councilmember Theis stated he would like staff to figure the ` average salary range for a population range of 25,000 to 35,000. Councilmember Lhotka left the table at 9:08 p.m. Councilmember Scott stated she would like staff to investigate starting some type of system that would automatically evaluate and raise the salary ranges for elected officials every two to three years. There was a general consensus among Councilmembers that a salary adjustment i should be made to the Mayor and Councilmembers' salaries. Councilmember Lhotka returned to the table 9:10 p.m. RFP FOR ANALYSIS OF ISSUES RELATING TO RESIDENTIAL TREATMENT FACILITY MORATORIUM The City Manager briefly reviewed a draft RFP which relates to the City's current ordinance and the standards contained therein regarding residential treatment facilities. He noted a separate study should also be considered to cover the area of property value impacts from these type of facilities. He noted at this time staff has not completed a detailed cost analysis of either of the studies, but preliminary estimates range in the area of $10,000 to $15,000 for the property value impact analysis and in the area of $20,000 to $25,000 for the zoning ordinance and land use standards analysis. Councilmember Theis stated he believes the property value issue is very important. Councilmember Lhotka noted even if the studies cost as much as the high estimates the two studies put together would be less than the past law suit. There was a general consensus among Councilmembers that staff should prepare RFP's for the zoning ordinance and land use standards analysis and also a property value impact analysis. MINNESOTA TRANSPORTATION FINANCE STUDY COMMISSION REPORT The City Manager stated he had attended a meeting of the Transportation Finance Study Commission recently. He noted this Commission assesses future highway and transit needs in the State, examines alternate revenue sources, and reports findings and recommendations to the legislature. He noted their report would be given to the legislature by February 15, 1988. He stated they will be recommending 30% of the motor vehicle excise tax (MVET) be transferred from the State General Revenue Fund to Transportation Related Funding. He added they will also be recommending a three cents per gallon increase in the gasoline tax and this would also be slated for transportation improvement. Mayor Nyquist inquired why only 30% of the MVET would be transferred to Transportation Related Funding. The City Manager stated initially it was intended 100% would be transferred for Transportation Related Funding. However, with the State's financial problems in the past, 100% of this revenue had been going to the 2 -8 -88 -7- general fund to fund other programs. He stated the Commissioner's believe 100% should go to highways but they cannot make such a drastic change over night and they feel 30% is a good starting point. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis directing the City Manager to write a letter of support for the transfer of 30% of the motor vehicle excise tax from the State General Revenue Fund to Transportation Related Funding and also a three cents per gallon increase in the gasoline tax as an interim solution. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:38 p.m. � a !' City Clerk Mayor 2 -8 -88 -8-