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HomeMy WebLinkAbout1987 07-13 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 JULY 13, 1987 CITY HALL i 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 s 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 & Inspection Ron Warren, City Attorney Charlie LeFevere, HRA Coordinator Brad Hoffman, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti i Page. P INVOCATION The invocation was offered by Councilmember Lhotka. OPEN FORUM Mayor Nyquist stated he had received one request for the open forum session this evening and noted it was to address the Bill Kelly House. Mayor Nyquist stated r this was not an appropriate item to be discussed before the City Council this evening since the item has not been before the Planning Commission yet. He noted the item will be on the Planning Commission agenda for the July 16, 1987, meeting. He added since there is such a large group present regarding this issue the open forum speaker will be heard. Mayor Nyquist recognized Phil Roche, 5301 Brooklyn Boulevard, who stated the neighborhood surrounding the proposed Bill Kelly House has a number of concerns regarding this facility. He stated he is aware of the fact the City did go to the Supreme Court with an issue similar to this a few years ago. However, he stated this proposed facility does not resemble the previous facility in any way. He noted the Northwest Residence facility was for mentally ill people which is a Program II to type facility. He stated the current proposal is for mentally ill persons with chemical dependency problems. He stated the neighborhood is asking for the' Council's support in denying this special use permit. Mayor Nyquist inquired of the Director of Planning & Inspection exactly when the item would be discussed at the Planning Commission meeting. The Director of Planning & Inspection stated the item would be heard at the July 16, 1987, Planning Commission meeting at approximately 8 p.m. r CONSENT AGENDA Mayor Nyquist inquired if any Councilmember requested any items removed from the consent agenda. Councilmember Hawes requested item 8g be removed and Mayor Nyquist requested item 8f removed from the consent agenda. 7 -13 -87 I T. APPROVAL OF MINUTES - JUNE 22. 1987 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the June 22, 1987, City Council meeting. The motion passed unanimously. PERFORMANCE BOND RELEASE - LUTTERMAN HOMES - 6117 -23 BEARD AVENUE NORTH There was a motion by Councilmember Scott and seconded by Councilmember Hawes to release the performance bond for Lutterman Homes, located at 6117 -23 Beard Avenue North. The motion passed unanimously. PERFORMANCE BOND RELEASE - RIVER ROAD DENTAL - 412 66TH AVENUE NORTH There was a motion by Councilmember Scott and seconded by Councilmember Hawes to release the performance bond for River Road Dental, located at 412 66th Avenue North. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 87 -136 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE SCALE FLYERS OF MINNESOTA AND THE GRASSFIELD R/C CLUB, INC. The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -137 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1987 -F (MUNICIPAL SERVICE GARAGE HEATING, IMPROVEMENT PROJECT NO. 1987 -07) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -138 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES (ORDER NO. DST07 /12/87) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: AMUSEMENT DEVICE - OPERATOR Beacon Bowl 6525 Lyndale Avenue N. Scoreboard Pizza 6816 Humboldt Avenue N. 7 -13 -87 -2- FOOD ESTABLISHMENT LICENSE Village House, Inc. 6100 Brooklyn Boulevard GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE Block Sanitation 6741 79th Avenue N. Mengelkoch Company 119 NE 14th Street Metro Refuse 8168 West 125th Street Midwest Grease Buyers, Inc. P. 0. Box 26 Peterson Brothers Sanitation, Inc. 740 Industry Avenue Robbinsdale Transfer, Inc. 5232 Hanson Court ITINERANT FOOD ESTABLISHMENT LICENSE St. Alphonsus Fun Fair 7025 Halifax Avenue N. MECHANICAL SYSTEMS LICENSE Erickson Heating and A/C 8823 Zealand Avenue N. MOTOR VEHICLE DEALERSHIP LICENSE North Star Dodge Center-, Inc 6800 Brooklyn Boulevard NONPERISHABLE VENDING MACHINE LICENSE Jimmy Jingle 1304 East Lake Street - Fingerhut Telemarketing 6860 Shingle Creek Pkwy. Palmer Lake Plaza 6860 Shingle Creek Pkwy. PERISHABLE VENDING MACHINE LICENSE Jimmy Jingle 1304 East Lake Street Fingerhut Telemarketing 6860 Shingle Creek Pkwy. SIGN HANGER'S LICENSE Ace Sign Company 1991 North Broadway SPECIAL FOOD HANDLING LICENSE Kay -Bee Toy & Hobby 1320 Brookdale Center The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Scheduling Public Hearing on the Establishment of an Economic Development Authority in the City. The City Manager noted the Economic Development Authority (EDA) can assume all powers and duties of the HRA. Mayor Nyquist inquired if by creating the EDA the HRA would be dissolved. The City Manager stated he has not received the final word from the City Attorney at this time, but it appears the HRA would be dissolved after the creation of the EDA. RESOLUTION NO. 87 -139 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION SCHEDULING PUBLIC HEARING ON THE ESTABLISHMENT OF AN ECONOMIC DEVELOPMENT AUTHORITY IN THE CITY 7 -13 -87 -3- 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 Expressing Recognition of and Appreciation for the Dedicated Public Service of Kenneth Smith. He noted Mr. Smith has been employed by the City of Brooklyn Center for over 19 years. RESOLUTION N0, 87 -140 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF KENNETH SMITH The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager presented a Resolution Approving Plans and Ordering Advertisement for Bids, Improvement Project No. 1985 -12, Contract 1987 -K (Dallas Road Repair between 72nd and 73rd Avenues North). The Director of Public Works stated at this point Phase I repairs are complete. He noted Phase II of the project, nondestructive testing with a road dater, has not been done because of the dry conditions throughout the winter and spring. He stated in its place a supplemental evaluation was made by Soil Testing Services, Inc. He stated the consultant has proposed permanent repair alternatives and reviewed the design assumptions. He went on to review the final recommendations made by STS and noted there would be an additional cost of approximately $5,000. He noted staff concurs with the consultant's recommendations and is recommending the project proceed without the original Phase II testing, Councilmember Theis requested the Director of Public Works to explain more fully the installation of edge drains. The Director of Public Works stated the consultant is suggesting installing a drain system in front of the curb and gutter area. He noted this system would be approximately five and one -half and six feet deep, and this would allow for better drainage in the area. RESOLUTION NO. 87 -141 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND ORDERING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1985 -12, CONTRACT 1987 -K (DALLAS ROAD REPAIR BETWEEN 72ND AND 73RD AVENUES NORTH) k r The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. I f The City Manager presented a Resolution Accepting Bid and Approving Contract 1987 -G (1987 Sealcoating Program, Improvement Project No. 1987 -09). The Director of Public Works stated the amended resolution before the Council this evening does not include the additional work which had been mentioned in the previous resolution and memo. He stated staff would like to further review this item and may consider making additional recommendations for work at a later date. Councilmember Lhotka inquired what the cost of this project was in 1986. 7 -13 -87 -4- i CORRECTION The Director of Public Works stated the cost in 1986 was approximately $115,000. He stated the program is slightly smaller this year, but staff had anticipated a higher unit cost for the materials. RESOLUTION NO. 87 -142 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1987 -G (1987 SEALCOATING PROGRAM, IMPROVEMENT PROJECT NO. 1987 -09) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. i The City Manager presented a Resolution Accepting Bid and Approving Contract 1987 -J (East Palmer Lake Trail Improvement Project No. 1987 -12). The Director of Public Works stated staff is recommending award of this contract to the low bidder, and the low bid is lower than the original estimate. G RESOLUTION NO 87 -143 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1987 -J (EAST PALMER LAKE TRAIL IMPROVEMENT PROJECT 1987 -12) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. i a The City Manager presented a Resolution Dissolving the Traffic Safety Advisory Committee and Establishing a Traffic Appeals Committee. Counc r' "itba Btatad he feala all appeals should be mach directly to the Cites Gouncil. RESOLUTION NO. 87 -144 t Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DISSOLVING THE BROOKLYN CENTER CITY COUNCIL'S TRAFFIC SAFETY ADVISORY COMMITTEE AND ESTABLISHING A TRAFFIC APPEALS COMMITTEE The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed with Councilmember Lhotka opposed. PUBLIC HEARING - PROPOSED FINANCING PROGRAM FOR MULTIFAMILY HOUSING DEVELOPMENT (MARANATHA NURSING HOME) The City Manager stated a public hearing has been scheduled for this evening to approve the tax exempt financing for this project. The HRA Coordinator stated this is the same type of financing program which funded the Brookwood project and Earle Brown Commons. He went on to briefly review the criteria the Council should consider when making a final decision. Councilmember Hawes inquired if there would be any type of zoning change for this multifamily use. The Director of Planning & Inspection stated a Planning Commission application has been submitted requesting a zoning change from R1 to R6 zoning. 7 -13 -87 -5- p The City Manager stated if the Council was not comfortable approving the financing before the Planning Commission's review, the public hearing could be opened and then continued to the next meeting. Mayor Nyquist opened the meeting for the purpose of a public hearing on a proposed financing program for multifamily housing development (Maranatha Nursing Home). He recognized Dave Viland, Administrator for the Maranatha Nursing Home. Mr. Viland stated the addition of the multifamily housing development would be unique because it would be attached to the nursing home. Mayor Nyquist inquired if the units in the housing development would be rented or sold. Mr. Viland stated they would be rental units. Councilmember Lhotka inquired if Brooklyn Center residents would have the first option to enter the development or if it would be open to everyone. Mr. Viland stated the r development would be open to everyone. Mr. Viland then introduced Dave Wolterstorff, architect for the project. Mr. f Wolterstorff went on to explain how a market feasibility study has been completed for the project, and it is anticipated the project will draw heavily from Brooklyn Center, North Robbinsdale, and Brooklyn Park residents. He went on to review the project and the individual units. Councilmember Lhotka inquired who will be assisting the residents when an emergency pull cord is used in a unit. Mr. Wolterstorff stated depending upon the time of day it could be a caretaker for the complex, or a manager, or a nurse from the nursing home itself. Mayor Nyquist inquired what the anticipated rental cost would be per month, and if this was consistent with other areas. Mr. Wolterstorff stated the rent would be $530 per month, $780 per month, or $830 per month and depending upon the type of unit that was chosen. He noted this cost includes all utilities except phone bills. Mr. Wolterstorff briefly reviewed the site plans for the building and the exterior treatments. Councilmember Scott inquired if any of the units would be wheel chair accessible. Mr. Wolterstorff stated all units are wheel chair accessible and noted they are anticipating the average age of the occupants of this development to be 75 to 85 years old. Mayor Nyquist stated he was somewhat surprised at the physical connection of the rental housing development to the nursing home. He stated he was under the impression this physical connection was not recommended. Mr. Wolterstorff stated the physical connection proves to be Most beneficial especially when the rental units are for the older elderly people who like the security of being attached to a nursing home. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to continue the public hearing for a proposed financing program for multifamily housing development (Maranatha Nursing Home) to the July 27, 1987, City Council meeting. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:27 p.m. and reconvened at 8:47 p.m. 7 -13 -87 -6- DISCUSSION ITEMS I -694 RECONSTRUCTION PROJECT The City Manager stated representatives from MNDOT were present this evening to review and discuss the proposed plans and schedules for the reconstruction of I- 694 between Brooklyn Boulevard and I -35W. The Director of Public Works noted `r the official action being requested this evening would only affect the first contract which covers the westbound bridge widening. He stated subsequent contracts would be brought back before the Council in the future. He went on to say the scheduled completion date for this portion of the project is summer 1988, and no construction would begin until T.H. 252 and the new bridge is open. The Director of Public Works stated no action is required this evening on the resolution regarding working hour restrictions because MNDOT has requested this h item be removed from the agenda. 6 The Director of Public Works introduced Bob Brown, from MNDOT, who briefly reviewed the proposed project and schedules. Councilmember Theis stated at past Council meetings the possibility of message boards along I -694 has been i mentioned. He inquired if any message boards would be installed with this ! project. Mr. Brown stated two sign boards would be installed and would be active in late 1987 or early 1988. f i RESOLUTION NO. 87 -145 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF TRUNK 't HIGHWAY 694 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. ' MTC PUBLIC HEARING REGARDING PROPOSED SCHEDULE CHANGE TO ROUTE #26 The City Manager stated staff is not recommending the City Council conduct a public hearing to discuss this matter. He stated after reviewing the situation staff concurs with the MTC recommendations. CITY ENGINEER'S REPORT REGARDING SIDEWALKS ON CAMDEN AVENUE NORTH BETWEEN 53RD AND 55TH AVENUES NORTH The Director of Public Works briefly reviewed the need for new sidewalks on ` Camden Avenue North between 53rd and 55th Avenues North, and the results of a questionnaire which was sent to the residents in the area. He stated staff recommends replacing the sidewalk on the east side of Camden Avenue only. He stated by replacing the sidewalk on the east side of the street there would be less of a snow removal problem in the winter. Councilmember Scott inquired what would be done with the existing sidewalks on the west side of Camden. The Director of Public Works stated the old sidewalks would be removed and these areas would be sodded. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to set a public hearing for replacement of the sidewalk on Camden Avenue North between 53rd and 55th Avenues North for July 27, 1987. The motion passed unanimously. 7 -13 -87 -7- BROOKLYN CENTER HOUSING COMMISSION YEAR 2000 REPORT The HRA Coordinator briefly reviewed the report and the anticipated changes that will take place by the Year 2000. Councilmember Scott stated she feels the Housing Commission has done an excellent job reviewing the trends and issues for this report and hopes all commissions will do as well. PAY EQUITY IMPLEMENTATION PLAN The City Manager briefly reviewed the implementation plan for meeting the State mandates. He stated by making adjustments to the City's compensation plan gradually over three years, it is anticipated the State mandate will be met while minimizing the overburden to the City's budget. Mayor Nyquist stated he has a number of problems and concerns with the Comparable Worth Act, and it appears the act is creating problems where problems do not exist at this time. He inquired, if after reviewing the study and the regression lines, is staff saying the people who fall outside of the 20% corridor are being under or over paid. The City Manager went on to review the process used to evaluate all positions within the City and the methodology of the compensation analysis completed for the Pay Equity Act. Mayor Nyquist stated it appears no consideration has been for salary fluctuations due to supply and demand. He stated he has no dispute with the job and report which have been done by City staff but he does not agree with the law. Councilmember Lhotka inquired if other cities are estimating the same annual increased cost. The Personnel Coordinator stated some cities are making approximately the same estimates. However, she noted it depends upon the number of employees the cities have, and the fact some cities have major problems with their salary plans and other cities have less problems than Brooklyn Center. Mayor Nyquist stated he cannot justify approving an additional $100,000 a year tax burden to fix something that is not broken. He stated the Council should possibly consider addressing the State law. Councilmember Theis stated he believes staff is wrong in ignoring the market figures. Councilmember Lhotka left the table at 9:58 p.m. The City Manager stated staff is not ignoring the market figures for salaries and noted Brooklyn Center is very close to the market rate. Councilmember Theis stated he is concerned because it appears 60% of the employees are moving up in their salary ranges because of comparable worth. Councilmember Lhotka returned to the table at 10:01 p.m. j Councilmember Lhotka inquired what the original intent of the Pay Equity Act was. The City Manager stated in his opinion the original intent was to raise salaries for female dominated positions. However, he stated a law could not be passed that would actually state this intent. Councilmember Theis inquired if any value is figured in for working conditions for certain positions. The City Manager responded affirmatively. He noted basically this plan is a totally new and unique way to figure a pay plan. He added it is also mandated by the State r of Minnesota. The City Manager stated the studies which were completed for this analysis value the work the employees do, not how well they complete the work. 7 -13 -87 -8- He stated performance is paid for within a set pay plan range. He added there is not this flexibility with the police union. A brief discussion then ensued regarding the different options for running the regression line analysis. Councilmember Theis stated he would like staff to run another regression line which would bring the people below the 90% mark up to 90 %, and devise a plan for dealing with the people who are above the 110% line. The City Manager stated staff would complete more analysis of this item and report back at the July 27, 1987, City Council meeting. There was a general consensus among Councilmembers to lay over the Pay Equity Act and Implementation Plan until the July 27, 1987, City Council meeting. ORDINANCES AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY ORDINANCES REGARDING PERSONNEL The City Manager noted this item was first read on June 22, 1987, published in the City's official newspaper on July 2, 1987, and is offered this evening for a second reading. He stated the originally proposed sections regarding banking of 'r leave time have been removed from this ordinance amendment for further staff review. He stated these changes may be brought back to the Council at a later date. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 17 of the City Ordinances Regarding Personnel and 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 Theis and seconded by Councilmember Lhotka to close the public hearing on An Ordinance Amending Chapter 17 of the City Ordinances Regarding Personnel. The motion passed unanimously. ORDINANCE NO. 87 -05 Member Gene Lhotka introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 17 REGARDING PERSONNEL The motion for the adoption of the foregoing ordinance was duly seconded by member Rich Theis, and the motion passed unanimously. b The City Manager presented An Ordinance Vacating Easement Along Easterly Side of Lot 4, Block 1, Earle Brown First Addition. He noted this ordinance is offered this evening for a first reading. He stated this ordinance vacates the westerly five feet of the ten foot utility and drainage easement on the east line of Lot 4, Block 1, Earle Brown First Addition. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve for first reading An Ordinance Vacating Easement Along Easterly Side of Lot 4, Block 1, Earle Brown First Addition and setting a public hearing date for August 10, 1987, at 7:30 p.m. The motion passed unanimously. 7 -13 -87 -9- The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding Zoning. He noted this amendment is a housekeeping change incorporating Section 35 -200 into Section 35 -202. He added this ordinance is offered this evening for a first reading. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances Regarding Zoning and setting a public hearing date for August 10, 1987, at 7:30 p.m. The motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 23 of the City Ordinances Regarding Appointment of Special Police Officers. He noted this amendment would delete the section on appointment of special police officers to make the City's ordinance consistent with State law. He added this item is offered this evening for a first reading. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve for first reading An Ordinance Amending Chapter 23 of the City Ordinances Regarding Appointment of Special Police Officers and setting a public hearing date for August 10, 1987, at 7:30 p.m. The motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 1 of the City Ordinances to Prohibit the Disturbance Caused by a Barking, Howling, or Fighting Animal. He noted this amendment would allow for stronger enforcement of the barking dog regulations. He added this item is offered this evening for a first reading. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve fpr first reading An Ordinance Amending Chapter 1 of the City Ordinances to Prohibit the Disturbance Caused by a Barking, Howling, or Fighting Animal, and setting a public hearing date for August 10, 1987, at 7:30 p.m., The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Theis and seconded by Councilmember Hawes to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:50 p.m. City Clerk May 7 -13 -87 -10-