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HomeMy WebLinkAbout1988 12-05 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 DECEMBER 5, 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 7:05 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, Director of Planning and Inspection Ron Warren, Director of Finance Paul Holmlund, Assistant Director of Finance Charlie Hansen, City Attorney Charlie LeFevere, EDA Coordinator Brad Hoffman, and Personnel Coordinator Geralyn Barone. INVOCATION The invocation was offered by Councilmember Theis. 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. APPROVAL OF MINUTES OCTOBER 24 1988 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the October 24, 1988, City Council meeting. The motion passed unanimously. APPROVAL OF MINUTES NOVEMBER 7 1988 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the November 7, 1988, City Council meeting. The motion passed unanimously. APPROVAL OF MINUTES - NOVEMBER 8 1988 - SPECIAL SESSION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the November 8, 1988, special City Council meeting. The motion passed unanimously. APPROVAL OF MINUTES - NOVEMBER 21 1988 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the November 21, 1988, City Council meeting. The motion passed unanimously. 12/5/88 -1- RESOLUTIONS RESOLUTION N0. 88 -196 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CLOSING PROJECT COSTS AND APPROPRIATIONS IN THE CAPITAL PROJECTS FUND The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION N0. 88 -197 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING AN ADDITIONAL APPROPRIATION AND CLOSING THE PROJECT FOR THE CENTERBROOK GOLF COURSE 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 Brooklyn Center Park and Recreation 6301 Shingle Creek Pkwy. Centerbrook Golf Course 5500 N. Lilac Dr. MECHANICAL SYSTEMS Minnegasco 201 S. 7th St. SIGN HANGER Designer Sign Systems 3601 85th Ave. N. The motion passed unanimously. PRESENTATION - CHARTER COMMISSION RETIRING MEMBERS The City Manager said Charter Commission members Donn Escher and Jean Schiebel were retiring members of the commission. Mayor Nyquist presented plaques to each of the retiring members. RESOLUTIONS (CONTINUED) RESOLUTION NO. 88 -198 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DONN ESCHER The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. 12/5/88 -2- RESOLUTION NO. 88 -199 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF JEAN SCHIEBEL The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. MAYORAL APPOINTMENTS HOUSING COMMISSION There was a motion by Councilmember Theis and seconded by Councilmember Scott to appoint Robert Torres to the Brooklyn Center Housing Commission. The motion passed unanimously. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to appoint Nicholas Eoloff as chairperson of the Housing Commission until a new chairperson is appointed for 1989. The motion passed unanimously. APPOINTMENT TO ADVISORY COMMITTEE OF LOCAL OFFICIALS FOR THE NEWLY DESIGNATED FEDERAL MISSISSIPPI RIVER PARK The City Manager said the designation for the Federal Mississippi River Park has been made and an advisory committee will be appointed. He suggested appointing Councilmember Scott, who has been involved in this issue for some time, as the Brooklyn Center representative. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to appoint Councilmember Scott to the advisory committee of local officials for the newly designated Federal Mississippi River Park. RESOLUTIONS (CONTINUED) RESOLUTION NO. 88 -200 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE STATE OF MINNESOTA, DEPARTMENT OF PUBLIC SERVICE, FOR A COMMUNITY ENERGY PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 88 -201 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH WEST HENNEPIN HUMAN SERVICES PLANNING BOARD FOR A COMMUNITY'ENERGY PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. 12/5/88 -3- RESOLUTION NO. 88 -202 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH NORTHERN STATES POWER COMPANY AND WEST HENNEPIN HUMAN SERVICES PLANNING BOARD FOR A COMMUNITY ENERGY PROGRAM (HOME ENERGY CHECKUPS) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -203 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MINNEGASCO AND WEST HENNEPIN HUMAN SERVICES PLANNING BOARD FOR A COMMUNITY ENERGY PROGRAM (PROJECT AIR) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager said the resolution awarding insurance contracts is recommended for approval by staff. The Director of Finance proceeded to highlight and explain information regarding the contracts. Councilmember Theis asked if the City deals through Jerry Coughlin, and the Director of Finance responded affirmatively. RESOLUTION NO. 88 -204 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AWARDING INSURANCE CONTRACTS The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. PRESENTATION BY METRO WASTE CONTROL COMMISSION Mayor Nyquist recognized Mr. Art Cunningham, Metro Waste Control Commissioner, who said he represents the precinct which includes Brooklyn Center, Brooklyn Park, Crystal, Osseo, New Hope, and part of Minneapolis. He said his purpose for appearing at this evening's Council meeting is to tell the Council about the Metro Waste Control Commission and explain its rates. Commissioner Cunningham proceeded to provide some history on the commission and discuss its budget and rates for 1988 and 1989. He highlighted three major projects in which the commission is now involved. Commissioner Cunningham thanked the Council for the opportunity to speak before it and said he can be notified at 544 -6020; his office is at Mears Park Centre, 230 East 5th Street, St. Paul, Minnesota, 55101. ORDINANCES The City Manager presented An Ordinance Amending Chapter 19 of the City Ordinances by Declaring the Parking of Certain Vehicles in Residential Zoning Districts a Public Nuisance. He said this item was first read on November 7, 1988, published in the City's official newspaper on November 17, 1988, and is offered this evening for a second reading. He noted there is a companion 12/5/88 -4- ordinance with this one, and the Council should pass one or the other of the ordinances. The companion ordinance is An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Parking of Commercial Vehicles. The City Manager said this item was first read on July 11, 1988, published in the City's official newspaper on July 21, 1988, and offered for a second reading on August 8, 1988. It was tabled at the August 8, 1988, September 19, 1988, and October 24, 1988, Council meetings. He reviewed the changes made to the ordinance amending Chapter 19 which were made subsequent to the November 7, 1988, Council meeting. Councilmember Scott asked how the City will determine the difference between a farm vehicle and a yard tractor. The Director of Planning and Inspection said this would be based on size, and the City Manager added that this is subject to some interpretation. Councilmember Lhotka asked for further explanation of Section 12 -e of the ordinance amending Chapter 19, and the Director of Planning and Inspection said this addresses legal commercial nonconforming uses in residential districts. Councilmember Theis referenced section 12 -d, inquiring what "publicly owned structures" are. The Director of Planning and Inspection said buildings like the City's pumphouses, utility buildings, and wells located in residential districts would be considered publicly owned structures. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 19 of the City Ordinances by Declaring the Parking of Certain Vehicles in Residential Zoning Districts a Public Nuisance. He recognized Mr. Roger Morin, 6107 Scott Avenue North, who said he is self - employed and owns a truck that is 23 feet long, 8 feet wide, and 11 feet 6 inches in height. He requested the Council to reconsider the size of the vehicle allowed by the proposed ordinance and suggested allowing one vehicle per residence. He added some motor homes are 36 feet long, and he feels if those can be parked at a residence, his truck, which is smaller, should also be able to be parked at his home. Mr. Morin added he starts his truck during regular hours, and he does not do repair work on it at home. He added if he has to park his truck at another location, he will have to purchase another vehicle in order to get to that location. Councilmember Scott asked Mr. Morin what type of truck he has, and Mr. Morin said it is a one and one-half ton straight truck. Mayor Nyquist noted he received a phone call at 11:30 p.m. last night from a resident whose neighbor was running a diesel truck. The City Manager said the rationale behind this ordinance is the more you allow commercial activities in a residential area, the less residential the area becomes. Mayor Nyquist noted he has also received complaints regarding boats parked in residential areas. The City Manager pointed out this is recreational equipment as opposed to commercial equipment, and the City does not receive as many complaints about boats as it does about commercial vehicles. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to close the public hearing on 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 asked how long the City has been working on this ordinance, and the Director of Planning and Inspection said it has been more than one year. 12/5/88 -5- Councilmember Lhotka said this is an ordinance in which the City Council and staff have looked at every option, and it boils down to deciding if a residential area is for residents and commercial areas are for commercial business. ORDINANCE NO. 88 -20 Member Gene Lhotka introduced the following ordinance and moved its adoption: 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 for the adoption of the foregoing ordinance was duly seconded by member Rich Theis. Councilmember Lhotka said this amendment includes changes made since the first reading, which include a length of 21 feet and a height of 8 feet, plus other changes made to the ordinance amendment. Councilmember Scott said she will vote against this ordinance amendment. She said initially, the intent was to try to prevent people from bringing semi - trucks home, and the City is going from having no ordinance to one that will be too restrictive. She added there are some people who have small vans which are not the least bit obstructive, and this ordinance will cause a lot of people problems. Councilmember Lhotka disagreed, saying to his knowledge, the ordinance amendment from the start was not strictly for semi- trucks. He said a resident has a right to his yard, activities, and peace of mind. Councilmember Scott said she has received many complaints regarding semi - trucks, but not for smaller vehicles. Councilmember Lhotka said he did not understand why Councilmember Scott was just now making her objections known, and Councilmember Scott said she has objected to this in the past. Mayor Nyquist asked about the nuisance ordinances that may control diesel noise and fumes, and the City Manager said the City generally tries to follow through on such complaints. Mayor Nyquist pointed out the initial discussion of the Council included the problems related to noise as opposed to size. The City Manager pointed out that enforcing the noise ordinance is difficult and in reviewing other City's ordinances, gross vehicle weight and size were used to set limits. The Director of Planning and Inspection noted staff presented a number of ordinances to the City Council in April or May of this year, and this ordinance was one the City Council felt was a problem area which needed to be addressed immediately. He added this ordinance amendment was considered to be more direct and easier to deal with than some of the others. Mayor Nyquist asked what the difference is between this ordinance as opposed to the nuisance ordinance, and the City Manager said sound and noise problems are difficult to enforce and measure, while this one would be easier to enforce. Mayor Nyquist suggested if the ordinance is passed, there should be a phase -in period. The City Manager said a six -month period should be adequate for phasing in. the ordinance. Councilmember Scott said there are a number of people who work in Brooklyn Center who have to take their vehicles home and would not be able to do so if the ordinance is passed. She said this will create problems for some people. The City Attorney said the Council could specify a later effective date of the ordinance which does not make the ordinance any less sudden, but people could be 12/5/88 -6- notified in advance of the changes. The City Manager noted that even if the effective date is delayed, there will still be people who will be surprised by this ordinance. He added the usual progression is to send a letter requesting compliance, issue a warning, and then finally issue a hard tag. There was some discussion on how people would be notified of the ordinance amendment. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to amend his original motion for approving An Ordinance Amending Chapter 19 of the City Ordinances by Declaring the Parking of Certain Vehicles in Residential Zoning Districts a Public Nuisance. The amendment is to change the effective date of the ordinance to June 1, 1989. The motion passed with Councilmember Scott voting against it. Upon vote being taken on the amended original motion regarding 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 with Councilmember Scott voting against it. ORDINANCE NO. 88 -21 Member Gene Lhotka introduced the following ordinance and moved its adoption with the effective date of it as June 1, 1989: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE PARKING OF COMMERCIAL VEHICLES The motion for the adoption of the foregoing ordinance was duly seconded g g b Y y member Rich Theis, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 19 of the City Ordinances by Declaring Certain Actions as Public Nuisances and said this item is offered this evening for a first reading. The Director of Planning and Inspection highlighted this ordinance amendment. Councilmember Lhotka asked how the City would determine if a parking area is gravel, because over time gravel can get washed away. There was some discussion on the use of gravel in driveways, and the City Manager suggested staff may want to look at this further. Councilmember Theis asked how fish houses would fit into this ordinance, and there was discussion of the necessity of screening fish houses from public view. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to table action on An Ordinance Amending Chapter 19 of the City Ordinance by Declaring Certain Actions as Public Nuisances. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:25 p.m. and reconvened at 8 :40 p.m. ORDINANCES (CONTINUED) The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding Outside Storage, and he said this item is offered this evening for a first reading. He noted this ordinance amendment is a result of 12/5/88 -7- the Tires Plus case, and it would prohibit use of semitrailers for storage. Councilmember Hawes noted many gas stations store display items, such as pop and antifreeze, in front of their buildings and questioned the practice of this. The Director of Planning and Inspection said the ordinance allows four feet around a building for displays. Councilmember Lhotka asked about prohibiting shipping containers, and the Director of Planning and Inspection said if a shipping container is in a commercial zone, it must be screened. He added this is not included in the amendment. Councilmember Lhotka said he would like to see large storage containers included in this ordinance amendment. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve for a first reading An Ordinance Amending Chapter 35 of the City Ordinances Regarding Outside Storage to include large storage containers as part of the ordinance amendment and setting a public hearing date of January 3, 1988, at 7:30 p.m. The motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 7 of the City Ordinances Regarding the Abatement of Nuisances and Assessment of the Costs of Abatement and noted this item is offered this evening for a first reading. Councilmember Lhotka expressed concern about having nuisance ordinances when they cannot be enforced and he asked what could be done to P ut some teeth.' into the nuisance ordinance. The City Attorney said there is not an easy answer to this but noted enforcement problems are usually borderline cases. There are other cases when there is a clear violation, and the use of the nuisance ordinance is successful. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve for a first reading An Ordinance Amending Chapter 7 of the City Ordinances Regarding the Abatement of Nuisances and Assessment of the Costs of Abatement and setting a public hearing date of January r 3 1988 . on passed unanimously. g y at 7:30 .m. The motion CONSIDERATION OF SPECIFIED LICENSES ON -SALE INTOXICATING LIQUOR LICENSE CLASS A ($8,000 PER YEAR) There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve on -sale intoxicating liquor license class A for Red Lobster. The motion passed unanimously. ON -SALE INTOXICATING LIQUOR LICENSE CLASS B ($11,000 PER YEAR) There was a motion by Councilmember Theis and seconded b y Councilmember Scott to approve on -sale intoxicating liquor g q licenses class B for A PP lebees Earle Brown Bowl, Green Mill Inn, Ground Round Restaurant, Days Inn, Holiday Inn, T. Wright's, and La Casita. The motion passed unanimously. ON -SALE INTOXICATING LIQUOR LICENSE CLASS C ($14,000 PER YEAR) Councilmember Scott asked what can be done about the calls the police department receives from Lynbrook Bowl, and there was some discussion about this. Councilmember Lhotka asked what the actual food percentage is at Lynbrook Bowl, and the City Manager said it is 44 %. He noted management is cooperative and calls the police department when there are problems at this location. 12/5/88 -8- There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve an on -sale intoxicating liquor license class C for Lynbrook Bowl. The motion passed unanimously. ON -SALE SUNDAY INTOXICATING LIQUOR LICENSE ($200 PER YEAR) There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve on -sale Sunday intoxicating liquor licenses for Red Lobster, Applebees, Earle Brown Bowl, Green Mill Inn, Ground Round Restaurant, Days Inn, Holiday Inn, T. Wright's, Lynbrook Bowl, and La Casita. The motion passed unanimously. ON -SALE WINE LICENSE There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve on -sale wine licenses for Denny's Restaurant and Dayton's. The motion passed unanimously. DISCUSSION ITEMS ISSUE PRIORITY LISTING UPDATE The City Manager said he will present the Issue Priority Listing Update to the City Council on approximately a quarterly basis. There was discussion on the use of a community survey. Councilmember Scott referenced the D.A.R.E. program in which the police department will be participating, and noted there are expensive start -up costs for this program. She asked if state grant money is being pursued, and the City Manager responded affirmatively. Councilmember Theis suggested it would be a good idea to prepare a year -end status report on the priority listing for those who participated in the planning process. GROUP INSURANCE REVIEW The Director of Finance reviewed the City employee insurance plans, including health, dental, and life insurance coverage. He identified the administrators of the program and the current providers for health insurance. He reviewed the City's open enrollment period for health coverage, the number of employees and retirees on each health plan, the 1989 premiums, and reasons why medical costs continue to escalate. He briefly highlighted the group dental program and proceeded to discuss the group term life insurance plan. The Director of Finance reviewed the City's monthly contribution for group insurance and the City Manager's proposal for the City /employee share of insurance. He discussed the use of the City's maximum contribution by employees taking single health coverage. The Director of Finance reviewed the action which will be requested of the City Council at its December 19, 1988, meeting and issues the City Council should consider for future action. He noted the insurance premiums for January are due in December, and if there is some assurance that the Council will approve a maximum monthly contribution of $205 per employee, the Finance Department could proceed with paper work to handle this. There were no objections from the Council. to do this. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:38 p.m. City Clerk Mayo 12/5/88 -9-