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HomeMy WebLinkAbout1988 04-25 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 APRIL 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 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, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Mayor Nyquist. OPEN FORUM Mayor Nyquist noted the Council had received a request from Mike Kaulfuss regarding the Brooklyn Center Police contract for 1988. Mr. Kaulfuss stated he is president of the Brooklyn Center Police Association, and he feels the union and the City are very close to an agreement. He added the Police Association does not want to go to arbitration on this contract. He stated he hopes the City Council can review the contract tonight or in the very near future. Councilmember Theis inquired how long negotiations could take if the contract goes to a mediator. The City Manager stated there would be at least two meetings with a mediator. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. No requests were made. APPROVAL OF MINUTES - APRIL 11 1988 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the April 11, 1988, City Council meeting. The motion passed unanimously. PROCLAMATIONS Member Celia Scott introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING APRIL 10 -23, 1988, AS THE KICKOFF OF REGISTRATION OF PUBLIC LIBRARY SERVICE The motion for the adoption of the foregoing proclamation was duly seconded by member Bill Hawes, and the motion passed unanimously. Member Celia Scott introduced the following proclamation and moved its adoption: 4 -25 -88 -1- PROCLAMATION DECLARING MAY 1 -7, 1988, AS MINNESOTA CITIES WEEK The motion for the adoption of the foregoing proclamation was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTIONS RESOLUTION NO. 88 -60 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DENYING PLANNING COMMISSION APPLICATION NO. 88001 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: CIGARETTE Centerbrook Golf Course 5500 N. Lilac Drive FOOD ESTABLISHMENT Brookdale Assembly of God 6030 Xerxes Ave. N. Brookdale Christian Center 6030 Xerxes Ave. N. Brooklyn Center Community Center 6301 Shingle Creek Pkwy. Brooklyn Center National Little League Lions Park T. J. Cinnamons Bakery Brookdale Center Kentucky Fried Chicken 5512 Brooklyn Boulevard Leann Chin, Inc. 6040 Shingle Creek Pkwy. Marc's Big Boy 5440 Brooklyn Boulevard Rachel's Frozen Custards 6034 Shingle Creek Pkwy. ITINERANT FOOD ESTABLISHMENT Brooklyn Center American Legion Evergreen Park MECHANICAL SYSTEMS Loop- Belden - Porter Co. 315 Royalston Ave. N. MOTOR VEHICLE DEALERSHIP Brookdale Chrysler Plymouth 6121 Brooklyn Boulevard North Star Dodge Center, Inc. 6800 Brooklyn Boulevard NONPERISHABLE VENDING MACHINES Don Waletzko 8751 Dallas Lane Pilgrim Cleaners 5748 Morgan Ave. N. Humboldt Square Cleaners 6824 Humboldt Ave. N. RENTAL DWELLINGS Initial: Thomas & Joanne Limond Humboldt Square Apts. Duane & Jessie Erickson 7019 Dallas Road 4 -25 -88 -2- Tracy & Ray Rice 7037 Logan Ave. N. Kim McDonough 4703 68th Ave. N. Renewal: Ewing Square Associates Ewing Square Townhouses United Homes Corporation 5600 Aldrich Ave. N. James & Yvonne Lyons 5303 Emerson Ave. N. John A. Dotray 5642 Emerson Ave. N. Creed Carson 4201 Lakeside Ave. N. #214 Eugene L. Temple 4207 Lakeside Ave. N. #235 Jerry Truman 5519, 23 Lyndale Ave. N. Don & Arlene Benson 5611 Lyndale Ave. N. United Homes Corporation 6825, 27 Noble Ave. N. Joan Page 3112 O'Henry Road Robert W. Johnson 6801 Scott Ave. N. Gary & Carol Meinke 3601 47th Ave. N. William & Linda Bjerke 3614, 16 50th Ave. N. Kennethy Ready Jr. 1019 73rd Ave. N. SIGN HANGER Naegele Outdoor Advertising Co. 1700 West 78th Street SWIMMING POOL Beach Condominiums 4201, 4207 Lakeside Ave. N. Days Inn 1501 Freeway Boulevard The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Accepting Bid and Approving Contract 1987 -M (Rehabilitation of Well Houses No. 5 and 6, Improvement Project No. 1987- 20). The Director of Public Works stated a detailed inspection of well house No. 6 revealed the roof structure was not secured to the wall structure, and there was additional deterioration in the roof joists. He noted there was a 15% underestimation of costs because of the wide variety of work items, the need to use a number of suppliers and subcontractors, and the small quantities of each work item. He added this is the first time the architect has done a project for the City, and he was not aware of the need for a $2 million general liability insurance policy. Mayor Nyquist stated he is disturbed by the great amount of difference between the architect's and contractor's pricing. He stated he is not concerned the contractor's prices are incorrect but that the architect was so far off. Councilmember Lhotka inquired how long the architect had worked on this project. The Director of Public Works stated the project was assigned to this architect in late September or early October of 1987, and he completed the project in late January or early February 1988. Councilmember Lhotka inquired if staff knew the estimates were low, why wasn't the Council informed right away. He added he would like to see the references for the contractor checked. Councilmember Theis inquired why the City requires a $2 million general liability workers compensation policy when State Statute places a limit of 4 -25 -88 -3- $600,000. The Finance Director stated the City as required this type of policy Y q P P Y Y for approximately ten years. Councilmember Theis inquired what the City gains by asking such a large amount. The Director of Public Works stated it assures the City that the contractor is well covered in the event someone gets hurt on the site. The Finance Director added the contractor has $2 million of coverage before the injured party can come after the City. Councilmember Scott inquired if the contract was awarded to this architect because he was low bid for the contract. The Director of Public Works stated this architect was the only proposal the City received. Councilmember Scott stated she was very concerned with the architect's errors and is not anxious to award another contract to them. Councilmember Hawes inquired how old well houses No. 5 and 6 are. The Director of Public Works stated they are 20 to 25 years old. Councilmember Lhotka noted it was interesting that the roof was still in place if, in fact, it were not secured as the inspection indicated. Councilmember Theis inquired if the original estimate had been at the correct level, would staff have recommended improvement of the building or removing the building and starting over. The Director of Public Works stated staff would still have recommended improvement of the existing building. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the Resolution Accepting Bid and Approving Contract 1987 -M. Councilmember Lhotka stated he would like to recommend an amendment to the motion directing staff to check the references of David N. Volkmann Construction, Inc. Both Councilmember Scott and Councilmember Hawes agreed to this amendment. RESOLUTION NO. 88 -61 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1987 -M (REHABILITATION OF WELL HOUSES NO. 5 AND 6, IMPROVEMENT PROJECT NO. 1987 -20) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. The City Manager presented a Resolution Accepting Work Performed under Contract 1986 -C, (Construction of Centerbrook Golf Course Improvement Project No. 1985- 23). The Director of Public Works stated Shafer Contracting has completed all work on this project. He noted over the course of this project there were 15 change orders and four supplemental agreements. He noted the final contract cost does exceed the original estimate by $64,000, but $60,000 of this increase was due to additional earth work because of some swamp\,• areas of the golf course. He stated he expects to have the final accounting of the project costs within 60 to 90 days. RESOLUTION NO. 88 -62 Member Bill Hawes introduced the following resolution and moved its adoption: 4 -25 -88 -4- RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1986 -C, (CONSTRUCTION OF CENTERBROOK GOLF COURSE, PROJECT NO. 1985 -23) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. ORDINANCE The City Manager presented An Ordinance Amending Chapter 11 of the City Ordinances Regarding the Issuance of Nonintoxicating Liquor Licenses for Municipal Facilities and Events. He noted this item was first read on March 28, 1988, published in the City's official newspaper on April 7, 1988, 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 11 of the City Ordinances Regarding the Issuance of Nonintoxicating Liquor Licenses for Municipal Facilities and Events 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 Theis to close the public hearing on An Ordinance Amending Chapter 11 of the City Ordinances Regarding the Issuance of Nonintoxicating Liquor Licenses for Municipal Facilities and Events. The motion passed unanimously. ORDINANCE NO. 88 -07 Member Gene Lhotka introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES REGARDING THE ISSUANCE OF NONINTOXICATING LIQUOR LICENSES FOR MUNICIPAL FACILITIES AND EVENTS The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. DISCUSSION ITEM HOUSE DOCTOR AND HOME ENERGY CHECKUP PROGRAMS The City Manager stated the cities of Crystal and Golden Valley are planning to participate in this program. He noted grant money is available through the Minnesota Department of Public Services, Minnegasco, and NSP. Councilmember Scott stated it appears some of this information is outdated, and the City may have missed the deadline for application. The Personnel Coordinator stated the deadline for the State application is June 1, 1988. She pointed out this is an ongoing program, and if the City were to miss out this year they could apply for 1989. She added she believes the Housing Commission may be an appropriate body to handle the program. Mayor Nyquist inquired of the City's liability with the House Doctor Program. The Personnel Coordinator stated she would have to look into this point. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis directing staff to pursue the House Doctor and Home Energy Checkup Programs. The motion passed unanimously. 4 -25 -88 -5- PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 88002 SUBMITTED BY COLDWELL BANKER REOUESTING A VARIANCE FROM SECTION 35 -704 OF THE ZONING ORDINANCE TO ALLOW MORE THAN 10% OF THE GROSS FLOOR AREA OF HUMBOLDT SQUARE SHOPPING CENTER TO BE DEVOTED TO RESTAURANT USE The City Manager noted this item was recommended for denial by the Planning Commission at its April 14, 1988, meeting. He noted, however, an ordinance amendment was recommended for this item. The Director of Planning and Inspection referred the Council to the Planning Commission minutes of April 14, 1988, pages one and two. He noted this application was submitted primarily on behalf of Scoreboard Pizza. He went on to review the application and noted the Planning Commission recommended denial of this application because the standards for a variance have not been met. He added the Planning Commission did recommend an ordinance amendment which would allow restaurants to occupy a greater area in a retail shopping center. He explained staff has found the introduction of restaurants into shopping centers has not interfered with the parking requirements. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 88002 submitted by Coldwell Banker requesting a variance from Section 35 -704 of the zoning ordinance to allow more than 10% of the gross floor area of Humboldt Square shopping center to be devoted to restaurant use. 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 Hawes to close the public hearing on Planning Commission Application No. 88002. The motion passed unanimously. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to deny the application for a variance submitted by Coldwell Banker under Planning Commission Application No. 88002. The motion passed unanimously. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances Regarding Restaurant Space Allowed in Shopping Centers and to set a public hearing for May 23, 1988, at 7:30 p.m. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO 88003 SUBMITTED BY EOUITEC INSTITUTIONAL FUND III REQUESTING AN APPEAL FROM A DETERMINATION BY THE ZONING OFFICIAL THAT DAY -CARE CENTERS ARE NOT A PERMITTED OR SPECIAL USE IN THE I -1 ZONING DISTRICT The City Manager noted this item was recommended for denial by the Planning Commission at its April 14, 1988, meeting. He noted the appellant had been seeking an ordinance amendment, and the Planning Commission did not recommend an ordinance amendment at this time. The Director of Planning and Inspection referred the Council to the Planning Commission minutes of April 14, 1988, pages two through five. He explained staff is opposed to permitting day -care uses into the I -1 zone because generally I -1 uses appear to be incompatible with day- care uses. He noted the Planning Commission recommended denial of the appeal, and it also did not recommend an ordinance amendment at this time. He stated he 4 -25 -88 -6- believes consideration of day -care uses should be included in any study or review of the City's zoning issues. Councilmember Hawes stated he does not agree with staff, and he feels a day -care use would be very compatible in the office area of an I -1 building. Councilmember Theis asked the Director of Planning and Inspection to list the types of uses he feels are not compatible. The Director of Planning and Inspection stated that a business dealing in the assembly of electric vehicles, manufacture uses, or service uses would be incompatible with the day care. He stated in this particular case the site would be more compatible with the other uses in the building, but he is not convinced a day care is a good use for the I -1 zone. Councilmember Lhotka pointed out that the tenants and uses of the building spaces can change, and the day care facility could then be located next to a potentially unsafe situation. The City Manager noted there is a definite need for day care, but there is other land and buildings available that a day -care use would fit into. He noted if this day -care use was permitted in this particular I -1 zone building, the City would not have the ability to deny an application for another I -1 zone. He noted this particular I -1 zone building may be somewhat compatible with the day- care use, but other I -1 zone buildings are not at all compatible. Mayor Nyquist recognized Mr. Timothy Keen, who stated he was an attorney and has a background in-municipal zoning. He went on to briefly review proposed S the Y P P site and noted the appeal before ore the Council is that the facility be found an educational facility and not a child care facility. He noted public schools which offer preschool and day -care services are required to obtain a license from the State. He noted LaPepiniere Montessori School is a school with preschool and day -care services also being offered. He noted the applicant is required to obtain a license from the State as are other public schools. He stated LaPepiniere Montessori School has an enrolled curriculum and accredited re ted teachers while other day -care facilities do not have either of these. Councilmember Lhotka inquired if this was the school that is relocating from the Crystal facility. Mr. Keen stated the school is now housed in a building owned by the City of Crystal, and the City wishes to use the building for another type of facility. He noted communities have significant control and discretion over special use permits. He added the Council could place conditions on the permit so uses of hazardous materials and other nonconducive uses could not be within x amount of feet, or within the same building as the school. Councilmember Hawes inquired what liability the City assumes if a special use permit were granted and a child is harmed by one of the other uses. The City Attorney explained that the court system has expanded the City's responsibilities with regard to small children. He stated it appears there is some question as to whether this is a day -care center or an educational use as defined under City ordinance. He noted a day -care facility is not allowed in the C -1 or C -2 zone if it is located next to a C -1 or C -2 facility which is not allowed next to a residential zone. He stated he does not believe the question before the Council is whether or not this is a school or child care facility. The Director of Planning and Inspection stated this facility would be considered a group day -care facility as defined under City ordinance. Councilmember Scott noted the average age of children attending this facility is definitely preschool age. She added she does not feel this is a proper place to put a day - 4-25-88 -7- care facility, and she feels the City has a responsibility to protect children from any potential harm from the I -1 zone uses. Mr. Keen stated he does not believe anyone is present this evening to compromise the health, safety, or welfare of the children attending the facility. Councilmember Hawes stated he would have no qualms with leaving children within a day -care facility in this building. Councilmember Theis stated he agreed with Councilmember Hawes that this building did not appear to be unsafe, but he feels the City Council must protect children from potential hazards which may occur. Mayor Nyquist noted that six months from now a new business could move in next to the day -care facility and pose a number of potential hazards to the children. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka directing staff to prepare a Resolution Denying Planning Commission Application No. 88003 submitted by Equitec Institutional Fund III. The motion passed with Councilmember Hawes opposed. Councilmember Lhotka noted he would like to see this issue included in any review that is done of the zoning ordinance. Councilmember Scott stated she would like the Director of Planning and Inspection to notify the applicant of any open or available space in the C -1 or C -2 zoning districts. Mr. Keen stated the Council could ask staff to prepare an ordinance amendment addressing this issue. He noted the Council would not have to pass this ordinance, but it would allow for further investigation into the issue. RECESS The Brooklyn Center City Council recessed at 9:20 p.m. and reconvened at 9:35 p.m. The Police Chief Jim Lindsay entered the meeting at 9:35 p.m. DISCUSSION ITEMS (CONTINUED) POLICE DEPARTMENT STAFFING The City Manager noted that $45,747 was placed in the contingency account to allow for changes in the Police Department personnel. He noted staff is recommending two additional police officer positions effective June 1, 1988, and one additional promotional captain's position effective September 1, 1988. He stated staff would continue to evaluate the staffing needs within the Police Department and went on to review the resolutions before the Council this evening. Mayor Nyquist inquired how often over the past years has the Police Department operated under the recommended staff level because of injuries or sickness. The Police Chief stated the staff is currently studying what the correct staffing level should be in the Police Department. Councilmember Scott inquired if the City has been up to its full complement of officers and personnel at any time during the past year. The Police Chief stated the Police Department was operating with a full complement of personnel until December 1987, when one person left. He added that position was filled two weeks ago, but the new officer is not fully trained yet. Councilmember Theis asked if the Police Chief feels there are qualified candidates to allow hiring a third captain from within. The City Manager stated he and the Police Chief did not 4 -25 -88 -8- anticipate any problems. Councilmember Lhotka stated he still has the same concerns as he expressed at budget time last fall. He noted at that time he had asked that the Council receive some type of report stating the administrative problems within the Police Department have been cleared up and are running smoothly. He noted at this time neither he nor the other Councilmembers have received any type of report. Councilmember Scott inquired if the clerical staff is up to full power in the Police Department. The Police Chief responded affirmatively and noted the last person had been hired two weeks ago. He went on to explain the clerical staff is- basically caught up at this time but the investigation area has a large backlog. He pointed out that is why he is requesting one more investigator. Councilmember Lhotka stated he would like to suggest an amendment to the resolution amending the 1988 employee position and classification plan. He recommended that the statement "on or before July 1, 1988, report to City Council on status of police administrative staff." There was a general consensus among Councilmembers to approve this amendment. RESOLUTION NO. 88 -63 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1988 EMPLOYEE POSITION AND CLASSIFICATION PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO. 88 -64 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1988 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. COUNCIL REVIEW OF 1989 BUDGET PROCESS The City Manager asked the City Council to contact him with any changes or suggestions regarding the budget process and staff would try to incorporate them into the process for 1989. DISCUSSION OF CRITERIA FOR MEETING REFUSE AND RECYCLING MANDATES The City Manager briefly reviewed the listing of priorities for accomplishing the refuse /recycling mandates. After review of the listing of priorities, it was the general consensus that the third item under the top priorities category should read "system should provide consistent, reliable service." The City Manager noted there would be a meeting on May 16, 1988, to give the residents more information regarding costs and proposed systems. Councilmember Lhotka inquired if there would be enough solid information by this point to present it to the residents. The City Manager responded affirmatively. 4 -25 -88 -9- OTHER BUSINESS Councilmember Scott stated she would like to discuss the proposed amendments to the nuisance ordinance. She noted it appears the City would be penalizing those residents whose garage is located to the rear or side of their homes. The Director of Planning and Inspection pointed out the proposed amendments which the Council received are only rough drafts of possible amendments. He noted these amendments have come about after discussions from the past year. Councilmember Scott stated the City Council could not possibly amend this or any other ordinance to handle every citizen complaint. The City Manager stated City staff is not advocating or recommending any or all of these changes, but these are the type of changes which would be needed to address all the complaints which the City receives. He stated these items would be placed on a future agenda as a discussion item. LIQUOR LICENSE FOR YEN CHING RESTAURANT The City Manager stated Yen Ching Restaurant has applied for the wine and nonintoxicating beer license. He stated staff is recommending the Council waive the fee for these licenses because the restaurant has already paid the fee for an on -sale intoxicating liquor license. There was a motion by Councilmember Scott and seconded by Councilmember Theis to waive the fee for the on -sale wine and on -sale nonintoxicating beer license for the Yen Ching Restaurant. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to establish an executive session after adjournment of the regular City Council meeting. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Scott to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:24 p.m. r City C erk Mayo 4 -25 -88 -10-