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HomeMy WebLinkAbout1985 01-28 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 JANUARY 28, 1985 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, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, Mr. Jim Thomson, representing the City Attorney's office, and Administrative Assistants Brad Hoffman and Tom Bublitz. INVOCATION The invocation was offered by Assistant Pastor Barry Braun of Northbrook Alliance Church. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session this evening. He inquired if there was anyone present in the audience 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. Councilmember Hawes requested item 7d removed from the Consent Agenda. RESOLUTIONS RESOLUTION NO. 85 -17 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) 14 FOOT ALUMINUM STEP VAN The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -18 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PRIVATE SALE OF ONE PARCEL OF LAND ON CLASSIFICATION LIST "670- NC" 1 -28 -85 -1- The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -19 Member Celia Scott introduced the - following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF EUGENE H. HAGEL The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: FOOD ESTABLISHMENT LICENSE A & J Enterprises 6843 Washington Ave. S. Ault Inc. 1600 Freeway Blvd. GASOLINE SERVICE STATION Brooklyn Service Center 6901 Brooklyn Blvd. ITINERANT FOOD ESTABLISHMENT LICENSE Garden City School 3501 6th Ave. N. MECHANICAL SYSTEMS LICENSE Abel Heating, Inc. 266 Water Street Key Plumbing & Heating 11915 Brockton Ave. N. H.O. Soderlin, Inc. 3731 Chicago Ave. S. Stein's, Inc. 1420 W. 3rd Ave. NONPERISHABLE VENDING MACHINE LICENSE American Vending Co. P.O. Box 380 Sears Brookdale Brookdale Center Bill's Juice Vending 3900 Beard Ave. S. Holiday Inn 1501 Freeway Blvd. Bill's Vending Service 7317 W. Broadway Brooklyn Center Getty 6245 Brooklyn Blvd. Christy's Auto 5300 Dupont Ave. N. Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. Bermel Smaby 6500 Brooklyn Blvd. Brookdale Car Wsh 5500 Brooklyn Blvd. Brookdale Chrysler Plymouth 6121 Brooklyn Blvd. Brookdale Urgent Care 6000 Earle Brown Drive Brooklyn Center High School 6500 Humboldt Ave. N. Cass Screw Co. 4748 France Ave. N. City Garage 6844 Shingle Cr. Pkwy. 1 -28 -85 -2- Country Store 3600 63rd Ave. N. Donaldson's Brookdale Center Earle Brown School 5900 Humboldt Ave. N. Garden City School 3501 65th Ave. N. Herman's Brookdale Center Hirschfield's Paint 5615 Xerxes Ave. N. Humboldt Sq. Cleaners 6824 Humboldt Ave. N. Iten Chevrolet 6701 Brooklyn Blvd. Johnson Controls 1801 67th Ave. N. K -Mart 5930 Earle Brown Dr. Kar -win Auto 6846 Humboldt Ave. Keehn Brothers 3400 48th Ave. N. Maranatha Nursing Home 5401 69th Ave. N. Mentor Corp. 2700 Freeway Blvd. Minnesota Utilities 6800 Shingle Cr. Pkwy. N. France Health Club 4001 Lakebreeze Razor Court 5740 Brooklyn Blvd. Saber Dental Studio 6800 Shingle Cr. Pkwy. Salvation Army 2300 Freeway Blvd. Skelly Service 63rd Brooklyn Blvd. Snyder Brothers Brookdale Center Sound of Music 5717 Xerxes Ave. N. St. Paul Book 5810 Xerxes Ave. N. Summit Properties Mgmt. 6120 Earle Brown Dr. Union 76 6901 Brooklyn Blvd. Vicker's Oil 6830 Brooklyn Blvd. Willow Lane School 7030 Perry Ave. N. Country Club Market 5717 Morgan Ave. N. Evergreen Park Elementary 7020 Dupont Ave. N. Lynbrook Bowl, Inc. 6357 N. Lilac Dr. Maranatha Nursing Home 5401 69th Ave. N. Minnesota Viking Food Service 5200 W. 74th Street LaBelle's 5925 Earle Brown Dr. NSI /Griswold Co. 8300 10th Ave. N. Brookdale Pontiac 6801 Brooklyn Blvd. Lynbrook Bowl 6357 N. Lilac Dr. N.S.P. 4501 68th Ave. N. Northwest Microfilm, Inc. 1600 67th Ave. N. Pearl Manufacturing 6801 Shingle Cr. Pkwy. Precision, Inc. 3415 48th Ave. N. Red Owl Country Store 3600 63rd Ave. N. Snyders Brookdale Center Twin City Vending 1065 E. Highway 36 Earle Brown Farm Ind. 6100 Summit Dr. Group Health 6845 Lee Ave. N. Sears Brookdale Center Woodside Enterprises 11889 65th Ave. N. City Hall 6301 Shingle Cr. Pkwy. PERISHABLEL VENDING MACHINE LICENSE Minnesota Vikings Food Service 5200 W. 74th St. LaBelle's 5925 Earle Brown Dr. NSI /Griswold 8300 19th Ave. N. Brookdale Pontiac 6801 Brooklyn Blvd. 1 -28 -85 -3- Northwest Microfilm, Inc. 1600 67th Ave. N. Twin City Vending 1065 E. Highway 36 Earle Brown Farm Ind. 6100 Summit Dr. Group Health 6845 Lee Ave. N. Sears Brookdale Center READILY PERISHABLE FOOD VEHICLE Fisher Food Products 6800 Shingle Cr. Pkwy. RENTAL DWELLING LICENSE Initial: Douglas J. Bistodeau 5541 Emerson Ave. N. Jay Showalter 6742 & 6744 France Ave. N. Rick Hartmann 6800 Fremont Place N. Terry Hartmann 6804 Fremont Place N. Rick Hartmann 6805 Fremont Place N. Terry Hartmann 6809 Fremont Place N. H.E. Homes 6819 Fremont Place N. Joe Semler 6820 Fremont Place N. Joe Semler 6824 Fremont Place N. Rick Hartmann 6831 Fremont Place N. Walt Halberg 6835 Fremont Place N. Joon K. Kim 4216 Lakebreeze Ave. Eugene Van Lith 2901 Mumford Road Charles Q. Hillstrom 1217 & 1217 54th Ave. N. Terry Hartmann 1323 67th Lane N. Walt Halberg 1326 67th Lane N. Terry Hartmann 1339 67th Lane N. Renewal: Dwight Jereczek 6319 Brooklyn Drive Guy & Patricia Reuss .5824 Camden Ave. N. Gene Anderson 5812 James Ave. N. Vernon Vendel 5651 Knox Ave. N. Thomas & Mary Harty 5837 Lyndale Ave. N. Joe Thomas 6736 Scott Ave. N. Don Pfau 6913 Unity Ave. N. Nancy & Jack Huang 3518 Woodbine Lane Nancy & Jack Huang 5419 70th Circle SIGN HANGERS LICENSE Attracta Signs, Inc. 6417 Penn Ave. S. SPECIAL FOOD HANDLING ESTABLISHMENT B.C. Liquor Store #1 6800 Humboldt Ave. N. B.C. Liquor Store X62 6250 Brooklyn Blvd. B.C. Liquor Store #3 Northbrook Center Burger Brothers 5927 John Martin Dr. Children's Palace 5900 Shingle Cr. Pkwy. M & S Drug Emporium 5900 Shingle Cr. Pkwy. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 1 -28 -85 -4- APPROVAL OF MINUTES - JANUARY 14, 1985 There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the minutes of the January 14, 1985 City Council meeting as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Directing Staff to Study and Develop a Redevelopment Program and Tax Increment Plan for the Earle Brown Farm Redevelopment. He reviewed the activities of the Earle Brown Farm Development Advisory Committee, and indicated that even without a specific recommendation for redevelopment the tax increment plan can still be developed in a general manner. RESOLUTION NO. 85 -20 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DIRECTING STAFF TO PREPARE A REDEVELOPMENT AND FOR INCREMENT FINANCING PLAN FOR THE EARLE BROWN The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Approving Specifications and Authorizing Advertisement for Bids for a Request for Proposal for a Market Analysis of the Earle Brown Farm. He explained the market analysis would focus in on the feasibility of uses for the buildings on the Earle Brown Farm site. Councilmember Theis requested the staff's assessment of whether or not the estimated $25,000 fee for such a study was average or high for such a study. Administrative Assistant Hoffman stated that in his opinion the fee was normal for this type of study. Councilmember Theis also asked if Administrative Assistant Hoffman could indicate the number of hours proposed for this fee. Administrative Assistant Hoffman indicated that it would be difficult to indicate a specific number of hours. He added that the study will be used to determine how the buildings would or could be retrofitted for particular uses. RESOLUTION NO. 85 -21 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR A REQUEST FOR PROPOSAL FOR A MARKET ANALYSIS OF THE EARLE BROWN FARM The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Approving Specifications and Authorizing Advertisement for Bids for a Request for Proposal for a Structural Analysis of the Earle Brown Farm. 1 -28 -85 -5- Councilmember Theis questioned that if the structural study proves negative what benefit would the market study be. The City Manager stated that he feels fairly certain that several of the buildings on the farm should be able to be saved. Administrative Assistant Hoffman added that all the buildings could be saved but the study will also address which buildings would be most economical to save. RESOLUTION NO. 85 -22 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR AN RFP FOR A STRUCTURAL ANALYSIS OF THE EARLE BROWN FARM The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Approving a Special Use Permit for a Community -Based Group Care Residential Facility at 4408 69th Avenue North. Councilmember Hawes inquired whether it would be necessary to change the City ordinance to reflect the court's decision in this case. Mr. Thomson, of the City Attorney's office, stated that the court limited the Council's authority in certain areas in this case but he did not think it would dictate a change in the existing ordinance. However, he agreed that it would be advisable to review the ordinance in light of the court's decision. do Mayor Nyquist suggested an amendment to the resolution which would amend the third paragraph of the resolution by adding the words "pursuant to the District Court order" in the paragraph and deleting the words "NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center." There was a motion by Mayor Nyquist and seconded by Councilmember Theis to amend the third paragraph of the resolution to read as follows: "Now, therefore, pursuant to the District Court order, the application of Northwest Residence, Inc., file No. 83021, to operate a community -based group care residential facility for 18 mentally ill persons is approved subject to the following conditions:" Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO. 85 -23 Member Rich Theis introduced the following resolution and moved its adoption as amended: RESOLUTION APPROVING A SPECIAL USE PERMIT FOR A COMMUNITY -BASED GROUP CARE RESIDENTIAL FACILITY AT 4408 69TH AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 1 -28 -85 -6- DISCUSSION ITEMS STAFF RECOMMENDATION REGARDING SPECIAL ASSESSMENT POLICY AMENDMENT RELATED TO STREET RECONSTRUCTION The Director of Public Works referred Councilmembers to his memorandum of January 23, 1985 which addressed the special assessment policy for street reconstruction in residential areas. He pointed out a typographical error in the last paragraph of page two, and noted that $15 should be changed to $28 in that paragraph to reflect the current rate. The Director of Public Works then reviewed the City's current assessment policy for reconstruction projects, and explained that recent court cases have required changes in assessment policies and that cities are now required to prove an equal benefit for the assessment levied. He explained the courts are requiring that an assessment can only be levied where there is a benefit equal to that assessment received by the property owner. He proceeded to review a survey of assessment policies of other cities dealing with reconstruction, and also reported on discussions with real estate appraisers who have indicated that it is very difficult to develop specific findings which clearly demonstrate the amount of increase in market value to properties which occur as a result of street reconstruction improvements. Finally, he reviewed the staff's recommended policy for street reconstruction assessments. Councilmember Lhotka stated he would like to see some concrete examples of past projects done under the City's existing policy and the recommended policy in order to obtain a better comparison. The Director of Public Works explained that he has used the proposed Lyndale Avenue reconstruction as an example, and pointed out that the estimated cost of the street reconstruction project under the current City policy is $165,000 and with the new proposed policy it would be $38,800. He pointed out that the water main portion of the project would be the same under the current and proposed policy. Councilmember Lhotka stated that he did not have enough information this evening to make a decision on any change in the City's assessment policy, and again requested concrete examples of comparisons between the current and proposed policies. The Council continued its discussion on the recommended changes in the assessment policy in light of the recent court rulings. The Council then deferred further discussion of the policy until later in the meeting to allow time for the Public Works Director to prepare additional information. ORDINANCES AN ORDINANCE AMENDING THE BROOKLYN CENTER CITY CHARTER The City Manager introduced the Ordinance Amending the City Charter and explained it ' was first read on November 19, 1984, published on December 6, 1984 and December 13, 1984, and is offered for a second reading this evening. He noted a public hearing on the ordinance has been scheduled for 8:00 p.m. and that the ordinance amendment provides for even year elections in the City of Brooklyn Center. He then explained that in order to implement an even year election schedule it would be necessary to modify the terms of existing Councilmembers. He emphasized that the purpose of the ordinance is to change from an every year to even year election calendar and not to change the terms of Councilmembers. 1 -28 -85 -7- Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending the Brooklyn Center City Charter. Mayor Nyquist recognized Mr. Donn Escher, Chairmen of the Brooklyn Center Charter Commission. Mr. Escher addressed the Council and explained that the Charter amendment provisions emanated from the public to the Charter Commission. He also noted that the Charter Commission worked with the City staff and had held considerable internal discussion regarding the Charter amendment prior to transmitting the ordinance to the Council on May 31, 1984. He also pointed out there were several articles in the Brooklyn Center Post and an article in the City Manager's newsletter in September soliciting public input into the ordinance amendment. He then recalled that from May 31 to September 1984 the Charter Commission received no inquiries from the public on the proposed amendment and at that time the amendment had been before the public for over a half a year. He pointed out to Councilmembers that the Charter Commission is appointed by a District Court judge and that the Commission represents a variety of interests. Mr. Escher then reviewed the history of voter turnout for the past decade, and pointed out that voter turnout was substantially lower on election years when only local candidates were on the ballot. He then pointed out that the Charter Commission surveyed ten neighboring cities and that seven of the ten had four year terms for their Councilmembers. He pointed out the Charter Commission held discussions regarding the required extension of terms in order to implement the even year election system and considerable discussion was held regarding the relative merits of making both the Council and Mayor four year terms or keeping the Mayor's term at two years. Mr. Escher pointed out that with the Mayor's term kept at two years the electorate still has the opportunity to change a majority of the Council every other year. Mayor Nyquist recognized Mr. Dave Skeels who explained that he was representing a Task Force of the Citizens for Better Government designated at their August meeting. He added that he is not officially representing the Citizens for Better Government since a quorum of the CBG was not present at the last meeting. He noted that himself, former Councilman Tony Kuefler, and former Mayor Phil Cohen comprised the Task Force. Mr. Skeels then presented the Council with the Citizens for Better Government position paper on the Charter change proposal regarding City elections as resent d p e to the Brooklyn, n yn C ter City Council. He proceeded to review the summary f y the Task Force findings on the proposed Charter change contained on page six of the position paper and summarized, that based on the Task Force findings to date, it is the recommendation to the City Council that the Council refer the proposed Charter change back to the Charter Commission for consideration of the findings contained in the position paper and that of other interested groups as well. Mayor Nyquist recognized Mr. Tony Kuefler who reviewed the public debate and discussion section in the Task Force position paper, and suggested that public debate and discussion ought to be solicited from all constituencies when changes to the Charter are being contemplated. He added that perhaps if the Citizens for Better Government would have been more attentive to the work of the Charter Commission, the group would have been at their meetings when the issues came up for discussion. For not having done this, he explained that he expresses his apologies to the Commission; However, given the importance of the issue to the citizens perhaps the Commission too could have been more aggressive in soliciting input from the CBG and others. With regard to the cost of off year elections, Mr. Kuefler explained that he believes the right to vote should be addressed in a different manner than other budget items. He concluded his remarks by reviewing page five of the osition paper regarding provisions ovisions for enacting P P g S p a Charter change. e. He stated g 1 -28 -85 -8- that research has indicated that there are several avenues from which a Charter change can be initiated but there are really only two basic avenues to enact a Charter change, that being by referendum vote of the people or by unanimous vote of the City Council. He pointed out that it would seem that the unanimous vote of the Council option is intended for use when the proposed Charter change is in reality a housekeeping item, such as maintaining conformance with State statutes, and that the referendum vote option is intended to be used for all changes when the proposed change will result in a change in intent. Mr. Kuefler thanked the Council for their consideration and time in this matter. Mayor Nyquist recognized Mr. Phil Cohen who addressed the Council, and stated that he believes the issue under discussion is as an important an issue as you can have in a community. He reviewed the importance of the local government structure, and reviewed the discussion in 1961 when a proposal for the plan B Council /Manager form of Government was defeated by the residents mainly due to the citizens concern for being sure that their franchise as voters was protected. He then reviewed the history of the Government Study Committee which was appointed by the City Council in 1962 and which subsequently recommended that the City proceed with establishing a Charter Commission. He pointed out the Charter Commission held its first meeting in 1964 and the Charter was approved in 1966. He explained that during the study of the Charter the issue of dates of election and terms of office were strongly debated and during the public hearings the issue was raised about the terms of office for the Mayor and Council and it was resolved � to keep he terms a p s they had been previously which are the current terms of office. Mr. Cohen reviewed a e three of the P g Task Force which discussed terms of office for Mayor and Council, and pointed out that it is difficult to understand the logic for extending CouncilmembersI terms to four years while leaving the Mayor's term at two years. He stated that if any terms should be extended it should be the Mayors' and not the Council's because the Mayor ' y i the titular head of the City nd that t e Mayor is the spokesperson at all official meetings where the City is represented and is looked at as the person who gives policy direction on issues at the County, Metro, State and Federal level as it affects the City. Mr. Cohen then reviewed the issue of the cost of elections and voter turnout in off year elections. He explained that these issues were also debated in the original Charter Commission and that they found they were not good enough reasons to change the election system. Mr. Cohen addressed the question of what the governance issue is in the proposed Charter change. He explained the main issue is that more people vote in the even year elections than in the odd year elections. He added that this was also known and understood when writing and voting on the original Charter in 1966 but was not found to be a good enough reason to eliminate odd year elections. He added that the original Charter Commission was also concerned about having continuity in the City Council while at the same time providing he opportunity g pp Y every once in awhile to allow for a majority shift in local philosophy. Therefore, Mr. Cohen concluded that the governance question goes begging for an answer and that if there has not been a problem in the governance by the local elected official under the existing Charter, then the justification for a change in the terms of office in election years would appear to have been inadequately addressed. Mr. Cohen thanked the Council for their consideration in hearing his presentation. Councilmember Hawes recalled the 1983 local election and noted that only 582 people turned out to vote. He stated that he believes in an even year election there would be a better crosssection of the community who turned out to vote. Mr. Cohen 1 -28 -85 -9- responded by reviewing the 1981 election results, and pointed out that he believed quite a few people turned out to vote in 1981. He stated that, in his opinion, this does not mean that when people are satisfied with government you should eliminate the choice. Rather the question is whether a contest exists and added that he believes the opportunity should still be there for the voters to choose. He added he believes the current system provides a continuity to local government and the present Charter works well and that a need for a change has not been demonstrated. Councilmember Theis commented that it appears Mr. Cohen is saying that even in an off year election citizens are sending a message to the Council and in addition the opportunity should be there for the voters to cast their votes each year. Mr. Cohen commented that you don't know an election will be uncontested until it actually is and an uncontested election cannot be assumed. He added that the opportunity should be there for the voters and the Charter has worked since 1966 and during that time the City has been well managed and local government has remained nonpartisan. He noted that the potential cost of an uncontested election is not really significant in light of the total City budget. He concluded his remarks by stating that the Task Force is offering information to be shared with the Charter Commission and that the Council's consideration is requested in this matter. Mayor Nyquist again recognized Mr. Donn Escher, Chairman of the Charter Commission. Mr. Escher addressed the Council and stated that he had not received a copy of the documents submitted to the Council this evening and added that he would like the record to show that he was one of the persons who served on the original Charter Commission. He pointed out that he does not equate changing from an every year to even year election system to a change of government over 20 years ago. He explained that times do change and that the trend is to longer terms and even year elections. He pointed out the Charter Commission did discuss four year terms for both the Council and Mayor but the issue of checks and balances was discussed by the Commission, and he pointed out that he believes the new system would allow a change of majority every two years. With regard to the cost issue, Mr. Escher stated that the Commission never really considered this an issue although it was mentioned and briefly discussed by the Commission. He again emphasized that the Charter Commission is comprised of a variety of people and that notices of the meetings are public and that the meetings are public. He explained that the Commission did not solicit input from any specific group but information on the proposed change was public and that the Charter Commission has members who also belong to the Citizens for Better Government group. He concluded his remarks by stating that the Charter Commission will of course respect the vote of the Council but that he believes the Commission did a good job and that the entire issue should be addressed when considering the ordinance amendment. Mayor Nyquist inquired whether there was any discussion in the Charter Commission regarding whether or not the change would be detrimental in any way. Mr. Escher replied that he does not recall any specifics regarding this issue but he did not believe the Commission considered the ordinance detrimental in any way. Mayor Nyquist inquired if there was anyone else who wished to speak at the hearing. No one else 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 An Ordinance Amending the Brooklyn Center City Charter. 1 -28 -85 -10- Councilmember Theis expressed a concern with the issue of campaigns in odd years versus even year elections, and indicated that he thought perhaps different types of voters would have to be approached in an even year versus an odd year election. He stated he believes there are indeed two distinct groups in odd versus even years and that he believes it is a good thing for a municipality to address and satisfy both groups. He added that every year elections gives an opportunity to the electorate to voice there choices as often as possible. Councilmember Scott stated that in years when presidential or state elections are held local issues often get lost and she believes that people should have the right to choose whether or not they want to vote. The important part, she pointed out, is giving them the opportunity. She added that it is disappointing to see low turnouts but voters should have the right to vote every year. In conclusion, she suggested that perhaps this should be a question at the next City election. Councilmember Lhotka stated that he does in his own mind what he believes is best for the community as a whole and that he also believes the voters will respond if he does wrong and hopefully respond affirmatively if he does right. He stated that he believes the issues discussed this evening are valid and that he also believes the Charter Commission has done their job with regard to recommending the ordinance amendment. There was a motion by Councilmember Lhotka and seconded by Mayor Nyquist to accept the Charter Commission's recommendations and approve An Ordinance Amending the Brooklyn Center Charter. Upon a vote being taken thereon, the following voted in favor thereof: Mayor Nyquist and Councilmember Lhotka. The following voted against: Councilmembers Scott, Hawes, and Theis. The motion failed. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to refer the ordinance amendment back to the Charter Commission to allow them to review the issues raised at this evening's public hearing and to decide and recommend a course of action after further discussions on the pertinent issues have been conducted. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: Councilmember Lhotka. The motion passed. CONSIDERATION OF SPECIFIED LICENSE FOR NEIL HEATING AND AIR CONDITIONING The Director of Planning & Inspection stated that the staff recommendation on the issuance of a mechanical contractor's license requested by Neil Heating and Air Conditioning is that it be denied. Mr. Warren proceeded to review his memorandum of January 25, 1985 regarding a recommendation to deny a mechanical contractor's license for Neil Heating and Air Conditioning. He reviewed the ordinance requirements regarding a mechanical contractor's license, the applicant procedure and the information received by his department regarding Neil Heating and Air Conditioning which led to the recommendation for denial of the license. He informed the Council that the City's ordinance standards for licensing mechanical contractors are very basic, requiring demonstration of an understanding of the laws and regulations and techniques relating to the installation and maintenance of building mechanical systems. He added that the City has no specific tests for such a license but that the determination generally involves a review by the building inspector of an applicant's credentials, if any, and a review of any past problems. He added that if these matters are in order the licenses is recommended for approval. 1 -28 -85 -11- He added that he believes the information the City has obtained and presented regarding Neil Heating and Air Conditioning indicates quite clearly that his work, in many cases, has not been done in accordance with the state mechanical code and he has obviously not demonstrated an understanding of the laws and regulations and techniques relating to building mechanical systems and, therefore, should not be licensed to do mechanical work within the City of Brooklyn Center. Mr. Warren also stated that the applicant for the license is present this evening and has indicated he has information he wishes to share with the Council. Mayor Nyquist recognized Mr. Neil Olson who identified himself as President of Neil Heating and Air Conditioning. Mr. Olson discussed the requirements for licensing he has encountered in other cities and gave a list of licenses held in other cities. He stated that just about every metropolitan city issues licenses and permits at the same time. He noted he has been in the heating and air conditioning business for 21 years and 10 years as the owner of a business. He stated he has had thousands of satisfied customers but agrees that mistakes can happen but that he does correct any mistakes. Mr. Olson then submitted to the Deputy City Clerk a copy of a certificate showing his membership in the American Society of Heating, Refrigerating, and Air Conditioning Engineers and also a synopsis of his work background and education. Mr. Olson explained that most of the past problems in his business have been with the City of Minneapolis, and pointed out that it is difficult to acquire a license in Minneapolis. Mr. Olson reviewed his past efforts to obtain a license in Minneapolis and reviewed the requirements for licensing, which included a journeyman's competency card, a master's competency card, and the cost of a license which ranges from $175 and up per license. He added that Minneapolis also divides its licenses into various categories, such as heating and refrigeration. He added that the reason given by the City of Minneapolis for denial of his license was that Minneapolis required that an individual work four years under a local master prior to granting any license. Mr. Olson noted he hired an attorney regarding the licensing matter in Minneapolis. Mr. Olson submitted additional correspondence to the Deputy City Clerk regarding his efforts at obtaining a license in the City of Minneapolis, and finally commented that he was issued a license in St. Paul and eventually obtained a license in Minneapolis. Mr. Olson indicated that he had a "run in" in 1978 with Mr. Paul Sperry, a Minneapolis inspector, and that all problems related to the City of Minneapolis were being "pushed" by Mr. Paul Sperry. Mr. Olson then submitted a copy of various competency cards which he had in his name. Mr. Olson then addressed the issue stated in Mr. Warren's memorandum regarding the October or November 1984 meeting of the Northstar Chapter of Building Officials when building inspectors were warned of problems associated with Mr. Olson's company. Mr. Olson explained that all the problems discussed at this meeting derived from Mr. Paul Sperry, an inspector with the City of Minneapolis. Mr. Olson continued to discuss his problems with the City of Minneapolis, and indicated that he had used subcontractors in Minneapolis to do work but they too had been scrutinized by the Minneapolis Inspection Department, and he indicated that their own work became scrutinized because of their association with Mr. Olson's company so they discontinued their association with Neil Heating and Air Conditioning. 1 -28 -85 -12- Mr. Olson then reviewed for Councilmembers a letter to Mr. Edward C. Vavreck, Assistant City Attorney for the City of Minneapolis, which addressed several allegations against the City of Minneapolis regarding the treatment and harassment of Mr. Olson's employees and company by Minneapolis building inspectors. On December 14, 1984, Mr.Olson stated that he met with Mr. Andy Alberti of the City inspections department to apply for a license and at that time was told he would not be issued a license due to communications received from other cities regarding his company's work. Councilmember Lhotka left the table at 9:36 p.m. Mr. Olson then submitted to the Deputy City Clerk the letter dated April 21, 1984 addressed to the Assistant City Attorney of Minneapolis regarding a potential lawsuit for harassment. Councilmember Lhotka returned to the table at 9:40 p.m. Mr. Olson stated that Mr. Warren's memo did not address the cities he had requested him to contact regarding his licensing. He added that Mr. Alberti acknowledged the practice of taking out licenses at the time of taking out the permit. He added that all jobs done in the past years by his company have met state and local codes and where there were problems they were corrected. Mr. Olson then submitted a computer printout of names and addresses of persons he claimed he had done work for in various cities and that all the customers on the list were satisfied customers. He stated that all the jobs passed inspection for the first time and that the list contained jobs he had worked on himself and that it was only a partial list of customers who had been satisfied with his company's work. Mr. Olson then addressed the correspondence received by the City from Mr. John Schirmang, a building official with the City of Edina. He referred to a specific problem with Mr. Steven Reynolds, who was later sued by Neil Heating and Air Conditioning in Hennepin County Conciliation Court and that in this incident Mr. Paul Sperry, a Minneapolis inspector, testified in this matter on behalf of the defendants which involved work done in Edina. He added that his company won a judgment against Mr. Reynolds for nonpayment. Mr. Olson then addressed the handout issued to Councilmembers from Mr. Warren at this evening's meeting. Mr. Olson explained that this evening was the first time he was aware of the violations contained in the handout from Mr. Warren. Continuing with his discussion regarding problems he had experienced with the City of Crystal and City of Edina, he stated that Mr. Schirmang with the City of Edina and Mr. Peterson with the inspection department of the City of Crystal have both been friends with Mr. Sperry of the City of Minneapolis. Mayor Nyquist noted that the computer list of jobs Mr. Olson had submitted to the Council showed that the dates on the jobs were 1980 and that because they were so old he did not see the relevance. Mr. Olson replied that the relevancy is that they are a list of customers his company had done work for and are satisfied and Mr. Olson also cited the fact that Mr. Sperry's report discussed a job his company had done in 1978. In response to the violation report regarding a July 2, 1979 inspection, Mr. Olson stated that there was a work stoppage on the site and that the chimney had been enclosed when his company had returned to complete the work on the chimney. 1 -28 -85 -13- Councilmember Scott inquired of Mr. Olson how long he has been in business for himself. Mr. Olson replied that he has been in business 11 years. Councilmember Scott then asked whether Mr. Olson applies for a license when he contracts for the work with a customer. Mr. Olson stated that he did. Councilmember Scott expressed a concern that there is evidence that Mr. Olson does work without obtaining a license. Councilmember Scott then inquired about the letter from Mr. Don Peterson, chief building inspector of the City of Crystal, regarding Mr. Olson's failure to obtain a permit for the installation of a gas furnace in the City of Crystal. Mr. Olson stated that this was a furnace installation and that usually these can be done in a few hours and that the licensing and bonding process is quite time consuming. He added that his policy is that wherever possible he would take out a license and permit prior to the job and cited thousands of jobs that he had done well in the past versus a small handful of jobs with problems. Councilmember Theis inquired of Mr. Olson how many cities he actually does work in. Mr. Olson stated that he works from as far as Prior Lake to Ham Lake. Councilmember Theis then inquired as to the location of the majority of the business of his company. Mr. Olson replied that he does the majority of business in the 12 cities that his company is currently licensed in. Councilmember Theis then commented that the copies of the competency cards he had submitted were expired. Mr. Olson replied that most cities did not give competency cards and that most give licenses. He explained that in St. Louis Park he had a current master license effective through December 1984 and that it is currently being renewed. He added that it is not necessary to renew cards for Minneapolis and St. Paul to obtain a license. Councilmember Theis then expressed a concern over the fact that apparently in Edina and Crystal Mr. Olson had failed to obtain a permit to do work in those communities. Councilmember Theis then inquired of Mr. Warren whether or not licenses were issued by mail. The Director of Planning & Inspection replied that the majority of applications are taken over the counter but that many can be renewed by mail. Councilmember Theis then commented that permits are normally taken and issued prior to the beginning of a job, and inquired of Mr. Olson what his procedure was if it is not taken out prior to the work. Mr. Olson replied that it was a common practice in cities to do work without permits. In response to Mr. Olson's comments, building inspector Andy Alberti stated that a majority of mechanical permits are sent in through the mail and most are applied for prior to the job. Sometimes, he pointed out, there are oversights by contractors and they forget to obtain certain permits for a specific job, particularl P J � P y when there are a number of permits required for a single job. Mr. Olson stated that in the majority of cases his company makes every effort to get a permit prior to beginning work. At the request of Councilmember Theis, Mr. Olson addressed the allegations of Mr. Don Peterson, chief building official for the City of Crystal. Mr. Olson explained that in this incident he was under the understanding that the bond was in transit but was then called by Mr. Peterson and notified that the license would not be issued to him and that he would have to have a subcontractor complete the work and at that point indicated he would have to go to court. In response to an inquiry by Councilmember Lhotka, building inspector Andy Alberti stated that to his knowledge eight cities are in the process of revoking or denying a license to Mr. Olson and that many cities in the metropolitan area do not require licenses to work. Councilmember Lhotka then inquired whether or not Mr. Alberti spoke with a representative from any of the cities that we received a letter from in regards to Mr. Olson. Mr. Alberti replied that he spoke with all the individuals who had written letters. 1 -28 -85 -14- Mayor Nyquist then inquired whether cities such as Maple Grove, New Hope, and Plymouth require licenses. At that point Mr. Olson indicated that he believed licenses were for the primary purpose of obtaining revenue. Mr. Warren stated that licenses are not for obtaining revenue but for assuring that the contractor is capable of performing the work in question and that it is not a revenue producing technique. Councilmember Theis inquired whether Mr. Thomson could tell the Council what authority and responsibility the Council has with regard to their authority to issue or revoke licenses, Mr. Thomson replied that a license is considered a privilege and that the Council has discretion to issue or not issue a license. He added that a revocation of a license may require stricter procedures than not issuing a license in the first place. He added that if you are to follow the staff recommendations he would recommend that the Council direct the staff to prepare a resolution denying the license including the findings. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to direct the staff to prepare a resolution denying a mechanical contractor's license to Neil Heating and Air Conditioning and to return to the Council with the resolution at the next regularly scheduled Council meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. AN ORDINANCE AMENDING CHAPTER 4 OF THE CITY ORDINANCES REGARDING ON -SITE SEWAGE SYSTEMS — The City Manager introduced the ordinance and explained that currently the City of Brooklyn Center does not have any criteria for the approval or disapproval of on- site sewage system and that this ordinance is offered for a first reading and would adopt the Minnesota Pollution Control Agency criteria for individual on -site sewage systems. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve for first reading An Ordinance Amending Chapter 4 of the City Ordinances Regarding On -Site Sewage Systems and to to set a public hearing for the ordinance amendment for the regularly scheduled Council meeting on February 25, 1985 at 8:00 p.m. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. CONTINUATION OF DISCUSSION ITEM REGARDING STAFF RECOMMENDATION REGARDING SPECIAL ASSESSMENT POLICY AMENDMENT RELATED TO STREET RECONSTRUCTION The Director of Public Works submitted a handout to Councilmembers showing a comparison of the 1985 proposed versus the 1984 rates for the proposed Lyndale Avenue Street Improvement Project. The City Manager noted that in 1984 the project was assessed at the estimated project cost and the 1985 proposal, in light of recent court rulings, is an assessment of the benefit related to the improvement. The Council reviewed and discussed the Director of Public Works submission, and Councilmember Lhotka requested the staff to prepare a similar comparison of another actual project undertaken in the City. PRELIMINARY REPORT ON THE PROPOSED INSTALLATION OF WATER MAIN AND STREET RECONSTRUCTION ALONG LYNDALE AVENUE BETWEEN 53RD AND 57TH AVENUES The City Manager explained that the staff first wanted to address a City -wide assessment policy amendment and then if the Council was comfortable with that they would propose the policy for the Lyndale Avenue project. 1 -28 -85 -15- Councilmember Theis requested the staff to prepare additional examples of the assessment olici p es as the compare on a normal type project other Y A yp p ,7 o than the Lyndale type project which has some special considerations. The City Manager stated he would provide information to compare the Lyndale and 53rd Avenue projects and one other project. Councilmember Lhotka requested additional examples and the. Director of Public Works stated that the staff could return to the Council with three or four approaches to the policy and examples of various types of projects. Councilmember Theis then inquired as to the potential number of projects the City could receive. The Director of Public Works explained that his estimate would be six to ten blocks per year and that this would be a very high estimate of reconstruction type projects. STAFF REPORT AND UPDATE ON COMPARABLE WORTH STUDY Administrative Assistant Bublitz reported on the status of the compensation study being conducted currently by 60 metropolitan and 28 outstate cities in conjunction with Control Data Business Advisors. He explained the City is in the first step in the job evaluation process which is to develop the questionnaires to be used to gather information about what employees do on their job. He noted that workshops were being scheduled to solicit information from employees to in the develop and refine the questionnaires. The second step process would be the completion of the questionnaires by City employees after they had been finalized. He then reviewed the next few steps in the process, and noted that each employee completing a questionnaire will be provided a computer generated position description which provides a listing of tasks performed with the time spent percentages. He noted that the project will involve large groups of employees at various stages of the process, including the fifth step in the process which will assign values to the tasks being described by employees in the questionnaires. He pointed out that groups of employees, including managers, will rate all tasks about which they are knowledgeable and after that process is completed the results will be combined from the questionnaires with the task values in order to determine the whole job values. He then reviewed the next step which is to analyze and collect wage and benefit data from public and private sector labor markets and to finally analyze the relationships among the job values, current pay rates, and the market data. He pointed out the State law requiring the compensation study also stipulates that cities must report to the Commissioner of Employee Relations on their findings by October 1, 1985. The City Manager introduced a Resolution Authorizing Participation in the Control Data Business Advisors Incorporated Joint Comparable Worth Study. RESOLUTION NO. 85 -24 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PARTICIPATION IN THE CONTROL DATA BUSINESS ADVISORS, INC. JOINT COMPARABLE WORTH STUDY The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. SENIOR CITIZEN TRANSPORTATION PROGRAM The City Manager explained that the City Manager of New Hope, Crystal, Golden 1 -28 -85 -16- Valley, Brooklyn Center, and Robbinsdale have been studying the need for improved senior citizen transportation services in the five communities. He added that the cities are now requesting that each municipality interested in continuing in the study of senior citizen transportation needs authorize the expenditure of $1,000 per community and establish a Joint Powers Group to investigate the feasibility of establishing a transit program which would serve senior citizens in the five cities. He noted that the program is intended to be a trial program to be set up for a period of one or two years and that any transportation services would be provided through a contract with a transportation vendor. Mayor Nyquist expressed a concern that any program developed for senior citizen transportation should also address and not ignore any intra City transit needs for the elderly. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to join the cities of New Hope, Crystal, Golden Valley, and Robbinsdale to pursue a senior citizens transportation program and to authorize the expenditure of up to $1 ,000 in order to pay for the services of a staff person to define and implement the program. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESIGNATION OF DR. DUANE ORN FROM NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL Mayor Nyquist noted that he had received a letter of resignation from Dr. Orn as the City's representative to the Advisory Commission of the Northwest Hennepin Human Services Council. He expressed regret at Dr. Orn's retirement and acknowledged his outstanding service to the City as the City's representative on the Advisory Commission. POLICE DEPARTMENT REMODELING The City Manager reviewed the proposed plans for the remodeling of the Police Department offices authorized in the 1985 budget and also the proposed modifications to the entrance to the Police Department proposed for 1986. RESOLUTION NO. 85 -25 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR REMODELING OF POLICE DEPARTMENT OFFICES The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Theis to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:20 p.m. j Dep ty City Clerk ayor 1 -28 -85 -17-