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HomeMy WebLinkAbout1988 08-08 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 AUGUST 8, 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 7:02 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 Sharon Van Denbos from the Brooklyn Center Prayer Breakfast Committee. 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. The City Manager stated although staff was unable.to notify representatives of the Mediation Project, he would like to have item 10a deferred until the next City Council meeting. Mayor Nyquist inquired if there would be any way to give the Mediation Project a partial payment. The City Attorney replied the Council could approve payment to the Mediation Project on a month to month basis by prorating the contract amount. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve payment for seven months of service under the 1987 Mediation Project contract. The motion passed unanimously. There were no other requests for removal from the consent agenda. APPOINTMENT OF CORRIDOR ADVISORY COMMITTEE MEMBERSHIP There was a motion by Councilmember Scott and seconded by Councilmember Hawes appointing Jayne Kuhar, Bob Ellingson, Todd Paulson, and Gayland Halter to the Corridor Advisory Committee for the Anoka County Regional Railroad Authority. The motion passed unanimously. 8 -8 -88 -1- APPOINTMENT OF ELECTION JUDGES FOR THE 1988 PRIMARY ELECTION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the list of election judges for the 1988 primary election. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 88 -129 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES (ORDER NO. DST 08/08/88) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -130 Member Celia Scott 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 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: FOOD ESTABLISHMENT Spiritual Life Ministries 6500 Shingle Creek Pkwy. GARBAGE AND REFUSE COLLECTION VEHICLE Block Sanitation 6741 79th Ave. N. Browning Ferris Industries of MN 9813 Flying Cloud Dr. Robbinsdale Transfer, Inc. 5232 Hanson Court Waste Management - Blaine 10050 Naples St. NE ITINERANT FOOD ESTABLISHMENT Brooklyn Center Fire Dept. 6301 Shingle Creek Pkwy. Brooklyn Center Lioness 5324 Oliver Ave. N. Brooklyn Center Park & Rec Dept. 6301 Shingle Creek Pkwy. MECHANICAL SYSTEMS Del -Air Heating & Cooling 9860 James Circle RENTAL DWELLINGS Renewal: Savage II /Portfolio Properties 5300 -5448 Ponds Drive Savage II /Portfolio Properties 7225 -7274 Unity Ave. N. The motion passed unanimously. 8 -8 -88 -2- APPROVAL OF MINUTES - JULY 25 1988 - REGULAR SESSION There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the minutes of the July 25, 1988, City Council meeting. The motion passed. Councilmember Theis abstained from the vote. PRESENTATIONS NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL The Mayor recognized Ms. Patti Wilder, Executive Director of Northwest Hennepin Human Services Council. She noted the agency provides indirect services such as telephone surveys for the individual cities, needs assessments, a child abuse network, and a senior services network. She noted as well as the indirect services the agency also provides direct services such as energy assistance and surplus commodities. She noted much of the work and programs offered by this agency could not be done without the help of the many volunteers. Ms. Wilder then introduced Mr. John Casey who is the City's member on the board. Mr. Casey gave a brief history of his work with Northwest Hennepin Human Services Council and noted he has worked mainly in the areas concerning the child abuse network and related activities. FIRE RELIEF ASSOCIATION BYLAW AMENDMENTS The City Manager stated staff is recommending the bylaw amendments as prepared by the City's legal counsel. He noted staff also recommends an actuarial review every four years, review of any unfunded liabilities, and an analysis of benefits. He introduced Mr. Tom Galt from the City Attorney's office. Mr. Galt explained this is the first major cleanup that has been done on the association bylaws in approximately ten years. He noted when dealing with these amendments the major concern was the special legislation which has been passed regarding Fire Relief Association benefits and the general legislation that has been passed. He stated it is his opinion the general legislation supercedes any special legislation passed regarding the Fire Relief Association. He added the amendments enable the Fire Relief Association Bylaws to meet all standards and Taws set by the State. Councilmember Lhotka inquired what the bottom line final cost to the City was. The Finance Director stated the amount of tax which would be necessary each year to fund this program is $32,621. He stated it would be the same for the next four years assuming the City continues to receive the same amount of State aid funding. A brief discussion then ensued regarding the State aid funding and how it is obtained. Mr. Galt stated there are two members of the Fire Department who are planning to retire shortly and will be adversely affected by these changes. He noted under the proposed plan their monthly annuity will be substantially less than under the old plan. He stated he and staff have discussed ways of making up the difference for these two members. Councilmember Theis inquired if he was proposing to treat two people under the old laws and the rest of the Fire Department under the new laws. Mr. Galt stated basically that is true. He noted he did not feel it was fair to these two members to penalize them simply because staff is finally ready to present and recommend approval of the new plan. He explained there would be no reduction in their benefits if they elect the lump sum benefit when they retire, there would only be a reduction if they 8 -8 -88 -3- elect the monthly annuity. The Finance Director stated staff would bring back a resolution for Council consideration when the recommendations are final for these two members. Mr. Galt then went on to review the changes contained within the bylaws. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the amendments to the Fire Relief Association Bylaws. The motion passed unanimously. ORDINANCES The City Manager presented An Ordinance Amending Chapter 35 Regarding the Parking Requirement for Places of Public Assembly. He noted this ordinance was first read on June 27, 1988, published in the City's official newspaper on July 7, 1988, and was offered for a second reading on July 25, 1988. He noted at that time the public hearing was opened and continued to this evening's meeting. Councilmember Lhotka explained he had asked this item be held over so Councilmember Theis could have his questions answered. Councilmember Theis stated he has spoken with the Director of Planning and Inspection regarding this item and noted he still has the same concerns regarding green space. The Director of Planning and Inspection stated the wording of` the ordinance amendment could be changed slightly to define the size of a retail shopping center complex. He added staff is recommending a retail shopping center complex be defined as any complex of 50,000 square feet or more. He noted the Humboldt Square complex is slightly less than 50,000 square feet, and Brookdale Square is approximately 80,000 square feet not including the UA Theater or T. Wrights. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to amend the ordinance language as follows: "of 50,000 square feet or more, exclusive of the place of public assembly," after the word "complex" in the amended section. The motion passed unanimously. Mayor Nyquist 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 Hawes and seconded by Councilmember Lhotka to close the public hearing on An Ordinance Amending Chapter 35 Regarding the Parking Requirement for Places of Public Assembly. The motion passed unanimously. ORDINANCE NO. 88 -15 Member Celia Scott introduced the following ordinance and moved its adoption AN ORDINANCE AMENDING CHAPTER 35 REGARDING THE PARKING REQUIREMENT FOR PLACES OF PUBLIC ASSEMBLY The motion for the adoption of the foregoing ordinance was duly seconded by member Rich Theis, and the motion passed unanimously. 8 -8 -88 -4- The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Parking of Commercial Vehicles and An Ordinance Amending Chapter 19 of the City Ordinances by Declaring the Parking of Certain Vehicles in Residential Zoning Districts a Public Nuisance. He explained these ordinances go hand in hand and one cannot be adopted without the other. He noted both ordinances were first read on July 11, 1988, published in the City's official newspaper on July 21, 1988, and are offered this evening for a second reading. He noted the Council must pass or deny both ordinances. The Director of Planning and Inspection stated he has received a number of phone calls expressing both support P g and displeasure with the proposed amendments. Councilmember Lhotka stated he too has received some phone calls and noted he has a concern with the ordinance language which would require an individual who owns a semitrailer tractor and is on the road quite often to park this tractor someplace other than the owner's residence. He inquired if there is some way the wording can be changed in this ordinance to allow the owner to continue parking the tractor at his residence. The City Manager went on to explain the nature of one of the complaints received by staff. He noted there is an owner of a diesel vehicle who quite often allows his truck to run all night long during the winter months, and does all the work on this vehicle. He noted this owner installed lights in his yard so he can work on it at all hours of the day or night. Councilmember Lhotka inquired if some of this complaint does not fall under the noise ordinance. The City Manager explained the staff has had no success in the court system in upholding the noise ordinance. Councilmember Theis inquired if the City is not attacking this problem in the wrong way. He noted it appears neighbors are complaining about the maintenance, noise, and lighting from the vehicles not the fact they are present. The City Manager noted staff has received both type of complaints. Councilmember Theis stated he would like to see staff address some other methods of controlling the noise and maintenance of these vehicles. The Director of Planning and Inspection pointed out most of the vehicles are involved with some type of home occupation. He noted, however, staff would have some difficulty in making a legal distinction. The EDA Coordinator entered the meeting at 8;05 p.m. The City Manager explained over one and one -half years ago the Council requested staff to develop some ordinance amendments 'which would address these problems. He noted in order to solve these problems everyone must be treated equally, and the ordinance must be kept fairly reasonable to allow for enforcement of it. Councilmember Scott stated she received two phone calls from retired people who own small farm type tractors and use these in the spring and fall to supplement their income. She noted under this ordiannce they would not be allowed to keep this equipment. Councilmember Hawes stated there is not only the question of where to park a semitrailer tractor but also where to leave the residential vehicle so the semidriver can get home with it. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Parking of Commercial Vehicles and An Ordinance Amending Chapter 19 of the City Ordinances 8 -8 -88 _5_ by Declaring the Parking of Certain Vehicles in Residential Zoning District a Public Nuisance. He inquired if there was anyone present who wished to address the Council. Mayor Nyquist recognized Ordeen Peterson, 6343 Girard Avenue North. Mr. Peterson stated he is an over - the -road semidriver and parks the tractor in his driveway when he is home. He stated he has asked his neighbors if they have any complaints regarding him parking his tractor at his residence, and they have all stated they do not have a problem with it. He went on to note some of the problems that would occur if he had to find another place to park his tractor. He added he considers the tractor to be a combination of a commercial vehicle and a recreational vehicle because within his vehicle he has a bed, a television, and a refrigerator. Councilmember Lhotka inquired if Mr. Peterson does the maintenance on his vehicle. Mr. Peterson stated he does change the oil and other minor maintenance items. Councilmember Lhotka inquired if this ordinance does pass what Mr. Peterson will do. Mr. Peterson stated he would have to find a place to park his vehicle, as well as a place where he could change the oil and wash it. Mayor Nyquist recognized Robert Becker, 6433 Fremont Avenue North. He stated he too is an over - the -road semidriver and noted he has many concerns with parking his tractor some place other than his residence. He noted his tractor is worth $80,000. He explained it would be a great inconvenience for him and also quite costly if he had to park the tractor somewhere else and have another vehicle available for him to travel home in. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Parking of Commercial Vehicles and An Ordinance Amending Chapter 19 of the City Ordinances by Declaring the Parking of Certain Vehicles in Residential Zoning Districts a Public Nuisance. The motion passed unanimously. Councilmember Lhotka inquired if there would be any way staff could address these issues under the home occupation permits. A discussion then ensued regarding some of the possibilities. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to table An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Parking of Commercial Vehicles and An Ordinance Amending Chapter 19 of the City Ordinances by Declaring the Parking of Certain Vehicles in Residential Zoning Districts a Public Nuisance to allow for further consideration and staff review. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:22 p.m. and reconvened at 8:38 P.M. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO 88009 SUBMITTED BY TOYS "R" US REQUESTING SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A 48.200 SO FT TOY STORE ON THE 8 -8 -88 -6- SITE OF THE RETAIL BUILDING INCLUDING C.O.M.B. LOCATED AT 5425 XERXES AVENUE NORTH AND ON THE SITE OF THE MARC'S BIG BOY RESTAURANT The City Manager noted this item was recommended for approval by the Planning Commission at its July 28, 1988, meeting. The Director of Planning and Inspection referred the Mayor and City Councilmembers to pages one through three of the July 28, 1988, minutes and information sheet prepared for this item. He noted the applicant will be required to replat these two parcels into a single parcel prior to issuing a building permit. He went on to review the site plan and the modifications which were suggested at the Planning Commission meeting. He also reviewed the 13 conditions recommended for approval. Mr. Wasyl Hnatiw, the architect for the project, stated he has made changes to the standard facade of the building and has worked closely with staff on this. He noted there are 331 stores throughout the U.S. and six are located in Wisconsin. Councilmember Hawes inquired if any thought has been given to building a parking ramp and leaving the Marc's Big Boy Restaurant in place. Mr. Hnatiw stated this would be a very costly alternative. He noted Marc's Big Boy is not closing but simply relocating. Councilmember Lhotka stated he would like to see photos of similar buildings and a sample of the exterior material. He inquired if the timing for approval of this item is critical. Mr. Hnatiw responded affirmatively and noted in order to complete the purchase agreement on this property the applicant must receive Council approval. Councilmember Lhotka inquired of the City Attorney if the City Council could approve everything except the exterior treatment. Mr. Hnatiw stated he was not sure if he could accept a split approval of the application. He noted he cannot go ahead with the real estate deal without approval of the site plan, and the exterior treatment is part of the site plan. Councilmember Lhotka stated he would like to see a different finish than a split face rock. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Planning Commission Application No. 88009 submitted by Toys "R" Us subject to the following conditions: 1. Building plans are subject review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriatel screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 8 -8 -88 -7- 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property improvements and utility service lines, prior to release of the performance guarantee. 10. The property owner shall enter into an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems prior to the issuance of permits. 11. The property shall be combined into a single parcel by plat or registered land survey, said plat or registered land survey to receive final approval and be filed at the County prior to the issuance of permits. 12. The site of the Big Boy Restaurant shall be cleared and the Parking lot fully installed prior to occupancy of the Toys "R" Us store. 13. There shall be no outside storage of semitrailers or the use of these semitrailers for the storage of merchandise except when parked at designated loading docks. The motion passed with Councilmember Lhotka opposed. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Establishing Project No. 1988 -14, Replacement of Concrete Sidewalks at Miscellaneous Locations, and Accepting Proposal for this Work. He noted this resolution was submitted to the City Council on July 25, 1988, at which time the City Council tabled this resolution. The Director of Public Works briefly reviewed the three locations for replacement and noted the major cost of the project was $6,300 for replacement of certain sections of sidewalk between 71st Avenue North and 73rd Avenue North from Oliver to Logan Avenues North. He noted this area of sidewalk does form a very integral part of the neighborhood sidewalk system. He added the cost to remove all of the sidewalk and replace with sod would be approximately $4,300. He explained another alternative would be to shift the sidewalk to 71st Avenue North or 73rd Avenue North and add one connection to Logan Avenue North and this alternative would cost approximately $16,000. - He stated surveys had been sent to all twelve property owners along the sidewalk area and noted four of the five respondents do not like the sidewalk in this current location. He added staff is unaware of how the other seven owners feel. He stated staff is recommending repair and replacement of sidewalk sections along this area because the existing conditions are dangerous and cause a liability problem for the City. He added this is also substantially less expensive than rerouting the sidewalk. 8 -8 -88 -8- Councilmember Lhotka noted he did walk along this area of sidewalk and stated there are some spots that are in desperate need of repair or replacement. He added he does want to see the concerns of the neighborhood addressed but added if the sidewalk were removed people would still use the area as a trailway. Councilmember Hawes noted some of the residents expressed concern regarding the darkness along this trailway, and he inquired if it would be possible to install some type of lights. The Director of Public Works stated the Administrative Traffic Committee could address this issue. Councilmember Theis inquired if the other two areas to be replaced, the approach panels at Shingle Creek Parkway and Freeway Boulevard, will have a longer life span or will the same problems occur again. The Director of Public Works stated staff has waited to propose replacement of these areas until the situation has seemed to stabilize. He stated staff does not believe these new approach panels would have as short a life span as the previous ones. Councilmember Theis stated he would like to see a continued maintenance program in these areas to avoid this situation in the future. RESOLUTION NO. 88 -131 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT NO. 1988 -14; REPLACEMENT OF CONCRETE SIDEWALKS AT MISCELLANEOUS LOCATIONS, AND ACCEPTING PROPOSAL FOR THIS WORK The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis directing staff to request the Administrative Traffic Committee to review and act upon the items of concern identified by the property owners. The motion passed unanimously. RESOLUTION NO. 88 -132 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF ANN WALLERSTEDT The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -133 Member Rich Theis 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 Bill Hawes, and the motion passed unanimously. DISCUSSION ITEMS 8 -8 -88 -9- PUBLIC WORKS PERFORMANCE EVALUATION SYSTEM The City Manager noted staff has developed a performance evaluation system which would provide for annual performance evaluations of all employees under the Local 49 contract and would also provide opportunities for employees hired at the Maintenance I level to reach higher wage levels based on evaluations of their job skills and performance. Councilmember Lhotka inquired why this plan must be approved by the City Council. The City Manager noted in some cases it would be amending the City's wage plan. There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve the Brooklyn Center Public Works Performance Evaluation System. The motion passed unanimously. PRELIMINARY 1989 BUDGET REVIEW The City Manager briefly reviewed the memorandum prepared for Council consideration., He noted the revenue area of the 1989 budget will be questionable at first. He explained the State legislature passed a substantial overhaul of the property tax system which changes many portions of the system. He noted the net result of these changes will be confusion and difficulty in figuring out, comparing, and estimating 1988 property taxes on various types of property with the proposed levies for 1989. He then went on to review some of the top and high priorities which were listed by the Council at their planning session in May. He explained one item staff believes should be added to the top priority list is development of a drug education - prevention program. Councilmember Scott stated she feels this should definitely be added as a top priority. She noted drug abuse is becoming a major problem in Minneapolis and will be moving into Brooklyn Center and the other suburbs within the next 12 months. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to add development of a drug education- prevention program to the top priority list of issues prepared at the May 1988, planning meeting. The motion passed unanimously. RENTAL LICENSE -4010 65TH AVENUE NORTH The Director of Planning and Inspection explained in June of 1987, the City Council unanimously denied the renewal of a rental dwelling license for Joe Hamm for the property at 4010 65th Avenue North. He explained the City Council did not renew the rental dwelling license because Mr. Hamm had been renting four dwelling units in a building which had been approved and licensed as a three unit building. He noted this property had only enough land area to meet the zoning ordinance density requirements for a three unit building. Mr. Hamm has sold the property to Joe Maas, who has proceeded to make arrangements to buy an additional 3,000 sq. ft. of land from a neighboring property which will allow him to legally convert the building at 4010 65th Avenue North into a four unit building. He noted Mr. Maas has submitted a planning commission application requesting preliminary plat approval to replat the two parcels and transfer the necessary land area. He added Mr. Maas has also received final plat approval for the land transfer, however, the plat has not been released because some judgements relating to the property have not yet been satisfied. 8 -8 -88 -10- The Director of Planning and Inspection explained Mr. Maas has submitted a letter requesting the City Council to reissue the rental dwelling license to him for a three unit building so he can rent one of the units which has become vacant. He noted the building official has inspected the premises and does not find any problems. He added Mr. Maas has acknowledged his understanding only three units can be rented, and he will only rent three units until other requirements can be satisfied and the platting is accomplished. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka approving the reissuance of the rental dwelling license for a three unit building at 4010 65th Avenue North to Mr. Joe Maas until May 31, 1989, with the understanding he fourth g unit be posted not licensed d for occupancy " until all the platting requirements and requirements q q ements for occupancy are met and the City Council issues a new rental license for a four unit apartment complex at that address. The motion passed unanimously. OTHER BUSINESS The City Manager noted he had recently been contacted by representatives of the Minnesota Pollution Control Agency. He stated the MPCA has a proposed plan for soil removal and would like to discuss it with the City Council at its next meeting. He noted normally there would be a neighborhood informational meeting before any Council approval is given on this type of issue, however, because of time constraints this issue will be handled somewhat backwards. 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 9:58 p.m. I � City Clerk Mayor. 8 -8 -88 -11-