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HomeMy WebLinkAbout1987 06-22 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 JUNE 22, 1987 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:07 p.m. ROLL CALL j Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and 1 Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Pastor Zeimes of Brooklyn United Methodist Church. 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. No requests were made and he continued with the regular agenda items. MAYORAL APPOINTMENT - HUMAN RIGHTS AND RESOURCES COMMISSION There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to appoint Susan Larsen to the Human Rights and Resources Commission. The motion passed unanimously. ¢ PERFORMANCE BOND REDUCTIONS There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to reduce the performance bond for Brookdale Corporate Center Phase II to $10,000. The motion passed unanimously. 0 There was a motion by Councilmember Lhotka and seconded by Councilmember Theis r to reduce the performance bond for Brookview Plaza to $10,000. The motion i passed unanimously. E .. PERFORMANCE BOND RELEASE There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to release the performance bond for the property at 4315 70th Avenue North. The motion passed unanimously. 6 -22 -87 -1- J FINAL RLS APPROVAL - MAINSTREET There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to give final approval for the RLS for Mainstreet, 2501 County Road 10. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 87 -126 Member Gene Lhotka introduced the following resolution and moved its. adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1986 -N (HUMBOLDT SIDEWALK, 69TH AVENUE TO 71ST AVENUE AND 72ND AVENUE TO WOODBINE LANE) '6 The motion for the adoption of the foregoing resolution was duly seconded by f member Rich Theis, and the motion passed unanimously. t RESOLUTION NO. 87 -127 I Member Gene Lhotka introduced the following resolution and moved its adoption: E RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR PARK IMPROVEMENT PROJECT NO. 1987 -13 (SATELLITE /DUMPSTER ENCLOSURES) CONTRACT 1987 -H P 'k The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO. 87 -128 Member Gene Lhotka introduced the following resolution and moved its adoption: ` RESOLUTION AMENDING THE 1987 GENERAL FUND BUDGET r The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO. 87 -129 Member Gene Lhotka introduced the following resolution and moved its adoption: i RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN METROPOLITAN CLINIC OF COUNSELING, INC. AND THE CITY OF BROOKLYN CENTER FOR AN EMPLOYEE ASSISTANCE 'j PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by i member Rich Theis, and the motion passed unanimously. LICENSES I There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the following list of licenses: y AMUSEMENT DEVICE - OPERATOR j K -Mart 5930 Earle Brown Drive l i FOOD ESTABLISHMENT LICENSE r Food Express 1131 Brookdale Mall !� 6 -22 -87 -2- f ITINERANT FOOD ESTABLISHMENT LICENSE Scoreboard Pizza 6816 Humboldt Ave. N. MECHANICAL SYSTEMS LICENSE Care Heating and A /C, Inc. 1211 Old Highway 8 Cronstrom's Heating and A /C, Inc. 4410 Excelsior Blvd. RENTAL DWELLING LICENSE Initial: t Paul Hinck 4715 France Avenue North 6 Renewal: Lang - Nelson Associates Chalet Court Apartments Brian A. Patnode 5916 Bryant Avenue North Douglas Williams 5107 Drew Avenue North Carlin Shefveland 5308 Emerson Avenue North B. F. Dabrowski 5001 Ewing Avenue North Marcus Corporation 6415 James Circle North Tracy Rice 6907 Morgan Avenue North Richard Ploof 5319 Queen Avenue North Shingle Creek Tower 6221 Shingle Creek Pkwy. Robert Schmidt 1425 55th Avenue North Bobby Robson 1107 57th Avenue North Edward Doll 1201 57th Avenue North John Byrnes 3019 63rd Avenue North T. W. Thorbus 4300 63rd Avenue North Merle G. Biggs 3910 65th Avenue North Joseph Roche 824 69th Avenue North Dennis Peterson 4811 69th Avenue North Myrna L. Hubert 5300 70th Circle North TAXICAB LICENSE Yellow Suburban 3555 5th Avenue South The motion passed unanimously. APPROVAL OF MINUTES - JUNE 8 1987 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the June 8, 1987, City Council meeting. The motion passed. Councilmember Lhotka abstained from the vote as he was not present at this meeting. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Establishing Water Main Improvement Project No. 1987 -16 (Paul Drive Water Main), Accepting Quotations and Approving Contracts Therefor. The Director of Public Works stated there is a problem with water quality in this area due to a dead end water main located on Paul Drive. He stated Council previously approved the installation of a new water main loop for this area and quotations were accepted for the project. 6 -22 -87 —3— i a I RESOLUTION NO. 87 -130 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT PROJECT NO. 1987 -16 (PAUL DRIVE WATER MAIN), ACCEPTING QUOTATIONS AND APPROVING CONTRACTS THEREFOR The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. DISCUSSION ITEM STORAGE OF VEHICLES AND REFUSE The City Manager stated the number of complaints regarding storage of vehicles and refuse is steadily increasing. He noted the problem is not so much what is stored, but how the storage area is maintained and where the storage area is E located. He briefly reviewed the seven recommendations prepared by the staff and stated he also has some slides showing the different type of storage problems. Councilmember Theis inquired if a section could be written into the ordinance requiring people to install concrete or asphalt to make maintenance of the storage area easier. The City Manager stated some communities do have a section in their ordinance requiring this, but it does not necessarily solve the problem. He stated some communities have had residents pave their entire front 'P yard to allow them more storage area. Councilmember Lhotka stated he believes this issue should be looked into more thoroughly. The City Manager stated as the City grows older the staff will have to address these type of ordinance violations more strongly and not react only when a complaint is received. Councilmember Hawes stated he is concerned with the problem of residents who block sidewalks with their cars. The City Manager stated the City does have an ordinance which addresses this problem, and once residents are aware of the ordinance they do not usually block the sidewalk. Councilmember Hawes inquired about residents parking cars in their front yard with for sale signs on them. The Director of Planning & Inspection stated the City has no ordinance prohibiting the sale of your personal vehicle from your home; it only restricts parking on the easement. Mayor Nyquist stated he would like to continue discussion of this item later in the meeting after the scheduled public hearings have been held. PLANNING COMMISSION APPLICATION NO. 87009 SUBMITTED BY INDEPENDENT SCHOOL r DISTRICT NO. 279 REQUESTING SPECIAL USE PERMIT APPROVAL TO OPERATE A CHILD CARE CENTER FOR SCHOOL CHILDREN FROM ORCHARD LANE AND GARDEN CITY SCHOOLS AT THE CROSS OF GLORY CHURCH AT 5929 BROOKLYN BOULEVARD The City Manager noted this item was recommended for approval by the Planning Commission at its June 11, 1987, meeting. The Director of Planning & Inspection referred the Mayor and City Council to pages one through four of the June 11, 1987, Planning Commission minutes and the attached informational sheet with those minutes. He noted a. child care center would be a permitted special use in an R1 zone. He briefly reviewed the narrative submitted by the school district r and also reviewed the six conditions recommended by the Planning Commission. He k 6 -22 -87 0 l j stated a public hearing has been scheduled this evening and notices have been sent. i Councilmember Scott inquired if there would be any regulations which would control the number of children allowed to enroll in the program. The Director of Planning & Inspection stated the occupancy standards and building capacity codes would have to be considered when figuring enrollment size. P t Councilmember Hawes stated he had some concerns regarding the play area proposed for the parking lot and the traffic from the parking lot. The Director of Planning & Inspection stated the traffic from the adjoining office building is presently blocked off from the lot. What little cut through traffic comes j through the church parking lot would not be a significant risk for the children if they are supervised. f Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 87009 submitted by Independent School District No. 279. He inquired if there was anyone present who wished to speak at 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 Theis to close the public hearing on Planning Commission Application No. 87009. The motion passed unanimously. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve Planning Commission Application No. 87009 submitted by Independent School District No. 279 subject to the following conditions: 1. The standards for a special use permit are deemed to be met on the basis of the following: a) the proposed child care operation will enhance the general public welfare by providing needed child care services in a safe location. b) the proposed child care center should have no detrimental a. effect on adjacent properties. c) traffic entering and exiting the site are expected 't to travel predominately via Brooklyn Boulevard rather than local neighborhood streets. 2. The permit is issued to the applicant as operator of the facility and is nontransferable. 3. The permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 4. The operation is limited to the main floor of the church building for reasons of exiting and fire safety. 6 -22 -87 -5- 5. The applicant shall obtain a food establishment license as determined by the Sanitarian prior to the issuance of the special use permit. 6. The applicant shall comply with all code requirements pertaining to exiting, etc. in the Building Inspector's memo of June 9, 1987, prior to issuance of the special use permit. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 7:53 p.m. and reconvened at 8:09 i p.m. 4 R CONSIDERATION TO DENY THE RENEWAL OF THE RENTAL DWELLING LICENSE FOR 4010 65TH AVENUE NORTH 4 The Director of Planning & Inspection stated staff is recommending denial of the renewal of this rental dwelling license for noncompliance with the ordinances. j He stated in 1982, under Planning Commission Application No. 82044, the City Council approved a three unit building for this address. He stated the building f permit was issued for a three -plex with a combiriation laundry, utility, p storage /recreation area for the remaining floor area. He noted at the time of completion the building inspector had some concerns a fourth unit could easily be installed in this extra space. He went on to briefly review his memorandum and the events which have led up to the staff recommendation. He stated at the time of renewal this spring it was noted there were four mail boxes for the building, four phone numbers, and other tenants have stated there are four occupant spaces being rented. The Director of Planning & Inspection went on to address the letter received from Mr. Fudali, attorney for Mr. Hamm. He stated the issue is not whether the building is a three unit or four unit building. He noted Council approved the building as a three -plex and has licensed it as such since 1983. He noted Mr. Hamm was advised and well aware of the conditions and consequence's if the building were rented as more than a three -plex. He noted Mr. Fudali makes some references to a variance and added a variance could only be approved if the four standards for granting a variance are meta The Director of Planning & Inspection stated staff recommends Mr. Hamm try to acquire additional land adjacent to his property which would permit him to rent the buildings as a four - plex. Councilmember Theis inquired what provisions are made by denying the renewal of the license or revocation. The Director of Planning & Inspection stated the owner cannot rent any vacant apartments until a license has been renewed or reinstated. Mayor Nyquist recognized Joe Hamm who stated he does not understand why he cannot rent the lower half of the building as two units. He stated he has never had more than three people living in the lower half of the building at one time. He stated the Planning & Inspection department was aware he was renting his building this way, and he notified the department and no one ever came to look at it. Mayor Nyquist stated he is very concerned with Mr. Hamm's apparent lack i 4 6 -22 -87 -6- k I�I of integrity and the fact he is contradicting the facts which his attorney stated. Mr. Hamm stated he does have four tenants living in the building but only three leases have been signed. He stated the third lease is signed jointly by the two tenants from the lower units. Councilmember Lhotka inquired what form of notification Mr. Hamm used for informing the Planning & Inspection department. Mr. Hamm stated the building inspector called to ask him how many units were being rented in the building, and he told the inspector at that time of the exact arrangements. Councilmember Hawes inquired if there is additional land available for Mr. Hamm to acquire. The Director of Planning & Inspection stated at the time the building was constructed there was additional land adjacent to Mr. Hamm's property. He stated at this time he is not sure what the status is of - this additional property, but no development has taken place on it. Councilmember Theis inquired what the suttle changes were that took place in the recreation room. The Director of Planning & Inspection stated a separate entrance to the laundry and recreation room has been created, a bathroom installed, counter tops, cabinets, and a kitchen sink have also been installed. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to deny the renewal of a rental dwelling license for 4010 65th Avenue North. The motion passed unanimously. ORDINANCE The City Manager presented An Ordinance Amending Chapter 17 of the City Ordinances Regarding Personnel. He noted this item would amend sections of the personnel ordinance related to vacation time, sick leave, and leaves of absence and is offered this evening for a first reading. Councilmember Theis inquired how this amendment would affect the sick leave accruals for employees. The City Manager stated this would allow the banking of sick leave hours for the hiring of new employees. He noted at this time he has the authority to grant accruals for vacation leave but not sick leave. He stated this amendment would make the ordinance more consistent. Councilmember Theis stated he has some concerns about giving such broad authority to grant leaves without the Council's approval. The City Manager stated a "not to exceed..." 'imit could be placed-in the ordinance if the Council so wished. Councilmember Theis stated he would have no problem giving approval for a first reading if limits are placed to allow for more Council control. 4 6 There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve for first reading An Ordinance Amending Chapter 17 of the City Ordinances Regarding Personnel. The motion passed unanimously. The public hearing was set for July 13, 1987, at 8 p.m. DISCUSSION ITEMS (CONTINUED) STORAGE OF VEHICLES AND REFUSE The City Manager briefly reviewed the slides depicting the different type of 6 -22 -87 -7- problems and complaints the City receives regarding storage of vehicles and refuse. Councilmember Scott stated she would like to see the staff do more work on the seven recommendations submitted this evening and would also like to modify item No. 3. A brief discussion then ensued regarding the possibility of limiting the number of vehicles per residence. Councilmember Scott stated she did not feel it is the number of vehicles which is creating the complaints but where and how they are stored. She stated she did not believe the City could penalize large families by allowing a certain amount of vehicles. The City Manager stated it appears there is a general consensus staff should i start addressing the seven recommendations and noted modifications would be made to recommendation Nos. 3 and 7. He noted No. 4 is currently being addressed by the Housing Commission. He stated staff would also investigate the possibility of placing a regulation regarding paving of storage areas and limiting the amount of paving. ADVISORY COMMISSION RESOLUTIONS AND BYLAWS The City Manager stated the Council has reviewed the Advisory Commission Resolutions and Bylaws and the recommended changes have been made to the proposed resolutions for this evening's meeting. Councilmember Theis inquired what the definition of unexcused absence is. The Personnel Coordinator stated if a commission member does not notify staff or the chairperson that they will not be in attendance the absence is considered unexcused. If notification is received, the absence is excused. RESOLUTION NO. 87 -131 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING RESOLUTION NO. 73 -140 WHICH CREATED THE BROOKLYN CENTER HOUSING COMMISSION AND DEFINED ITS DUTIES AND RESPONSIBILITIES; AMENDING RESOLUTION NO. 75 -97 WHICH AMENDED RESOLUTION NO. 73 -140; AND AMENDING RESOLUTION NO. 77 -22 WHICH FURTHER DEFINED DUTIES AND RESPONSIBILITIES OF THE BROOKLYN CENTER HOUSING COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO 87 -132 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING RESOLUTION NO. 68 -44 WHICH CREATED THE BROOKLYN CENTER HUMAN RIGHTS COMMISSION, AND DEFINED ITS DUTIES AND RESPONSIBILITIES; AMENDING 'f RESOLUTION NO. 71 -211 WHICH ESTABLISHED THE COMMISSION'S COMPOSITION; AND AMENDING RESOLUTION NO, 74 -68 WHICH FURTHER DEFINED DUTIES, RESPONSIBILITIES, COMPOSITION, METHOD OF SELECTION, TERM OF OFFICE AND REMOVAL FROM THE COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously, RESOLUTION N0, 87 -133 Member Bill Hawes introduced the following resolution and moved its adoption: 6 -22 -87 _g_ i RESOLUTION AMENDING RESOLUTION NO. 73 -25 WHICH CONTINUED THE BROOKLYN CENTER PARK AND RECREATION COMMISSION AND REDEFINED ITS DUTIES AND RESPONSIBILITIES, AND AMENDING RESOLUTION NO. 77 -52 WHICH REDEFINED THE APPOINTMENTS OF PARK SERVICE AREA COMMITTEE MEMBERS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 87 -134 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING RESOLUTION NO. 87 -87 WHICH DEFINES DUTIES AND RESPONSIBILITIES OF THE BROOKLYN CENTER PLANNING COMMISSION THEREFOR The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 87 -135 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION DISSOLVING THE BROOKLYN CENTER CONSERVATION COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. ADOPTION OF ADVISORY COMMISSION BYLAWS There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to adopt the Advisory Commission Bylaws as submitted. The motion passed unanimously. ESTABLISHMENT OF TRAFFIC SAFETY APPEALS COMMITTEE The City Manager stated presently there are two committees which deal with traffic safety concerns, the Traffic Safety Advisory Commission (TSAC) and the Administrative Traffic Committee (ATC). He noted the ATC consists of City staff and was developed to respond to initial traffic complaints. He stated the ATC presently meets on a regular basis and the TSAC has not met since February, 1984. He noted the ATC has processed an annual average of 39 complaints, and few issues have been unsatisfactorily resolved by the ATC and have progressed to the City Council hearing process. He stated it is the staff's recommendation to dissolve the TSAC and, in its place, create an appeals committee. He noted this committee would meet only on an as- needed basis. Councilmember Lhotka stated he agrees with the staff recommendation to dissolve the TSAC. Councilmember Scott stated she believes it is beneficial to have a committee between the ATC and the Council. She noted most people are more comfortable dealing with a less formal group than the City Council. Councilmember Hawes stated he agrees with Councilmember Scott's statement. The City Manager stated staff will bring back a resolution reflecting the wishes of the Council. 6 -22 -87 -9- TEMPORARY ON -SALE BEER LICENSE FOR THE BROOKLYN CENTER HIGH SCHOOL ATHLETIC BOOSTERS The City Manager stated the Brooklyn Center High School Athletic Boosters Association has applied for a temporary on -sale beer license for June 27 and 28, 1987. He noted the association is experiencing a problem getting a copy of their insurance certificate. He stated staff recommends approval of the license contingent upon receipt of the insurance certificate. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the temporary on -sale beer license for the Brooklyn Center High School Athletic Boosters contingent upon submittal of the insurance certificate. The motion passed unanimously. ADJOURNMENT { There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:41 p.m. City Clerk Mayor 6 -22 -87 -10-