Loading...
HomeMy WebLinkAbout1989 01-03 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER JANUARY 3, 1989 7 p.m. 1. Call to Order 2. Roll Call 3. Invocation 4. Approval of Minutes - December 19, 1988 - Regular Session 5. Employee Service Recognition Program -This is the tenth annual presentation by the City Council of service awards to City employees to recognize years of service to the City. 6. Adjourn 1988 Council 7. Administer Oath of Office 8. Call to Order 1989 Council 9. Roll Call 1989 Council 10. Open Forum 11. Select Mayor Pro tem 12. Approval of Consent Agenda -All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. 13. Mayoral Appointments: *a. Human Rights and Resources Commission *b. Park and Recreation Commission *c. Housing Commission *d. Planning Commission *e. Northwest Hennepin Human Services Advisory Commission *f. Weed Inspector - Brad Hoffman *14. Designate Official Newspaper — Brooklyn Center Post 15. Proclamation: a. Declaring 1989 as the year of the Young Reader 16. Resolutions: *a. Designating Depositories for City Funds CITY COUNCIL AGENDA -2- January 3, 1989 *b. Designating Representative and Alternate Representative to the Association of Metropolitan Municipalities *c. Regarding Mayor Nyquist's 1989 Salary d. Approving Plans and Specifications for Rehabilitation of Well No. 8 (Project No. 1988 -23, Contract 1989 -A) -Well No. 8 is located at Camden Avenue North and Woodbine Lane 17. Ordinances: (7:30 p.m.) a. An Ordinance Amending Chapter 35 of the City Ordinances Regarding Outside Storage -This item was first read on December 5, 1988, published in the City's official newspaper on December 15, 1988, and is offered this evening for a second reading. b. An Ordinance Amending Chapter 7 of the City Ordinances Regarding the Abatement of Nuisances and Assessment of the Costs of Abatement -This item was first read on December 5, 1988, published in the City's official newspaper on December 15, 1988, and is offered this evening for a second reading. 18. Discussion Items: a. Authorizing Purchase of a Replacement Police Vehicle b. Appointment of Council Liaisons to Advisory Commissions c. Approval of Contract for Lobbying Services - Boland & Associates — *19 Licenses 20. Adjournment j 1 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 19, 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, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, EDA Coordinator Brad Hoffman, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Mayor Nyquist. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the open forum session this evening. P He inquired if there was anyone resent 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 8f be removed, and Councilmember Lhotka requested item 8b be removed from the consent agenda. APPROVAL OF MINUTES - DECEMBER 5 1988 - REGULAR SESSION There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the minutes of the December 5, 1988, City Council meeting. The motion passed unanimously. RESOLUTIONS RESOLUTION NO 88 -205 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1988 GENERAL FUND BUDGET FOR THE LODGING TAX The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION N0. 88 -206 Member Bill Hawes introduced the following resolution and moved its adoption: 12/19/88 _1_ t RESOLUTION AUTHORIZING A CAPITAL PROJECTS FUND APPROPRIATION FOR THE ACQUISITION OF TAX FORFEIT LAND ALONG SHINGLE CREEK AND CLOSING THE PROJECT The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO. 88 -207 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING WATER HOOKUP RATES FOR CALENDAR YEAR 1989 The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO. 88 -208 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING ASSESSMENT RATES FOR STREET IMPROVEMENT PROJECTS IN RESIDENTIAL AREAS IN 1989 The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO. 88 -209 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF FOUR (4) POLICE PATROL SEDANS The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION N0. 88 -210 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1988 GENERAL FUND BUDGET FOR A STATE GRANT FOR A COMMUNITY ENERGY CONSERVATION PROJECT The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO. 88 -211 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE KOREAN PRESBYTERIAN CHURCH OF THE TWIN CITIES The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. 12/19/88 -2- CONSIDERATION OF SPECIFIED LICENSES ON -SALE NONINTOXICATING MALT LIQUOR LICENSES There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve on -sale nonintoxicating malt liquor licenses for the following establishments: Beacon Bowl, Chuck Wagon Inn, City of Brooklyn Center (Centerbrook Golf Course), Davanni's Pizza, Denny's Restaurant, The Fifty's Grill, Little Brooklyn, Pizza Hut, Rocky Rococo, and Scoreboard Pizza. The motion passed unanimously. OFF -SALE NONINTOXICATING MALT LIQUOR LICENSES There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve off -sale nonintoxicating malt liquor licenses for the following establishments: Brooks Superette, Country Club Market, Country Store (Red Owl) Jerry's New Market, Super America No. 4160, and Super America No. 4058. The motion passed unanimously. LICENSES There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the following list of licenses: BOWLING ALLEY Lynbrook Bowl, Inc. 6357 N. Lilac Dr. CIGARETTE Best Products Company, Inc. 5925 Earle Brown Dr. Brookdale Unocal 5710 Xerxes Ave. N. Brooklyn Center American Legion #630 4307 70th Ave. N. Brooklyn Center Service 6245 Brooklyn Blvd. Country Club Market 5715 Morgan Ave. N. Country Store 3600 63rd Ave. N. Days Inn 1501 Freeway Blvd. Green Mill Inn 5540 Brooklyn Blvd. Ideal Drug 6800 Humboldt Ave. N. Iten Chevrolet 6701 Brooklyn Boulevard Jerry's New Market 5801 Xerxes Ave. N. - Lynbrook Bowl 6357 North Lilac Dr. Minnesota Viking Food Service 5200 W. 74th St. Schmitt Music Center 2400 Freeway Blvd. Neil's Total 1505 69th Ave. N. Service America 7490 Central Ave. N.E. Dayton's Brookdale Graco 6820 Shingle Creek Pkwy. MTC 6845 Shingle Creek Pkwy. Snyder Bros. Drug 1296 Brookdale Center Wes's Amoco 6044 Brooklyn Blvd. Yen Ching Restaurant 5900 Shingle Creek Pkwy. COURTESY BENCH U.S. Bench Corp. 3300 Snelling Ave. 12/19/88 -3- t FOOD ESTABLISHMENT Minnesota Viking Food Service 5200 W. 74th St. U.S. West Telecommunications 5910 Shingle Creek Pkwy. GARBAGE AND REFUSE COLLECTION VEHICLE Walz Bros. Sanitation Inc. P.O. Box 627 GASOLINE SERVICE STATIONS Brookdale Car Wash 5500 Brooklyn Boulevard Brookdale Unocal 5710 Xerxes Ave. N. Brooklyn Center Municipal Garage 6844 Shingle Creek Pkwy. Brooklyn Center Post Office 6848 Lee Ave. N. Brooklyn Center Service 11 76" 6245 Brooklyn Blvd. Brooklyn Service Center 6901 Brooklyn Blvd. Christy's Auto Service 5300 Dupont Ave. N. Howe Company 4821 Xerxes Ave. N. Humboldt Ave. Service 6840 Humboldt Ave. N. Metropolitan Transit Commission 6845 Shingle Creek Pkwy. Neil's Total 1505 69th Ave. N. Osseo Brooklyn Bus Company 4435 68th Ave. N. Wes's Amoco 6044 Brooklyn Blvd. ITINERANT FOOD ESTABLISHMENT B.C. Lioness 5324 Oliver Ave. N. LODGING ESTABLISHMENT Days Inn 1501 Freeway Boulevard MECHANICAL SYSTEMS Milton Witzmann 2500 Longview Dr. P & H Services Co. Inc. 208 73rd Ave. N. POOL AND BILLIARDS TABLE Days Inn 1501 Freeway Boulevard PUBLIC DANCE - -- - Days -Inn 1501 Freeway Blvd. RENTAL DWELLINGS Initial: Michael Adkins 6315 Brooklyn Blvd. Robert & Marilyn Cashman 5622 Emerson Ave. N. Lai Phuoc Ngo 4512 63rd Ave. N. Renewal: James Ferrara 6031 Brooklyn Blvd. Gary Zimmerman 6527 Brooklyn Blvd. Fred Johnson 5324 Bryant Ave. N. Patrick Menth 5302 Fremont Ave. N. H.E. Homes 6804 Fremont Place H.E. Homes 6809 Fremont Place Joe Semler, Jr. 6820 Fremont Place 12/19/88 -4- Joe Semler, Jr. 6824 Fremont Place H.E. Homes 6831 Fremont Place Walt Halberg 6835 Fremont Place Julia Paulson 5315 Knox Ave. N. Vernon Vendel 5651 Knox Ave. N. Gary Scherber 4708 Lakeview Ave. N. Henry Johnson 6736 Scott Ave. N. Gregory M. Ray 3713 Urban Ave. N. Donald Kutz 6837 York Place Eugene Hess 3218 63rd Ave. N. H.E. Homes 1323 67th Lane Walt Halberg 1326 67th Lane TAXICAB LICENSE Suburban Taxi 9614 Humboldt Ave. S. The motion passed unanimously. RECESS TO ECONOMIC DEVELOPMENT AUTHORITY MEETING The Brooklyn Center City Council recessed at 7:05 p.m. and reconvened at 7:21 p.m. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Amending the 1988 General Fund Budget to Increase Appropriations for Various Operating Departments. The Finance Director explained this is the same type of resolution which is used each year to bring the budget into balance. RESOLUTION NO 88 -212 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1988 GENERAL FUND BUDGET TO INCREASE APPROPRIATIONS FOR VARIOUS OPERATING DEPARTMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Amending the 1988 General Fund Budget to Provide for Wage and Salary Adjustments. He noted this resolution had been delayed because staff was waiting for a contract agreement with the Police Department. RESOLUTION NO. 88 -213 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1988 GENERAL FUND BUDGET TO PROVIDE FOR WAGE AND SALARY ADJUSTMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. w 12/19/88 -5- The City Manager presented a Resolution Setting Wages and Salaries for the Calendar Year 1989. RESOLUTION NO. 88 -214 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION SETTING WAGES AND SALARIES FOR THE CALENDAR YEAR 1989 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. Mayor Nyquist noted there is a draft ordinance before the Council this evening adjusting the salaries for the Mayor and City Councilmembers. Councilmember Theis stated he believes the two new Councilmembers should have time to work with the Council before they must vote on a salary increase. Councilmember Scott stated she feels the issue of salary increases for the Council has been put off far too long, and the longer the Council waits the worse the problem will get. Councilmember Lhotka stated he understands the concerns stated by both Councilmember Theis and Councilmember Scott. He stated he would like to see the Mayor's annual salary increased to $7,000 and the Council's salary increased to $5,000 annually. It was pointed out the ordinance sets the monthly wage for the Mayor and Councilmembers. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve for first reading An Ordinance Fixing Council Salaries and setting the public hearing date for January 23, 1989, at 7:30 p.m. The motion passed unanimously. The City Manager presented a Resolution Approving Sick Leave for the Public Works Coordinator. Councilmember Hawes inquired why staff is recommending this action for all new employees. The City Manager noted it has become quite common in the market place, both public and private, to offer a bank of sick leave to new employees. RESOLUTION NO 88 -215 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING SICK LEAVE FOR THE PUBLIC WORKS COORDINATOR The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed with Councilmember Hawes opposed. The City Manager presented a Resolution Accepting Quote and Authorizing the Contracting for Services for a Community Survey. He explained the final bid amount would be based on the number of questions in the document. Councilmember Scott inquired who would develop the questionnaire. The City Manager stated City staff, Commissions, and Decision Resources Limited would develop the questionnaire. He noted the final questionnaire would be reviewed by the City Council prior to starting the survey. RESOLUTION NO. 88 -216 Member Celia Scott introduced the following resolution and moved its adoption: 12/19/88 -6- f RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE CONTRACTING FOR SERVICES FOR A COMMUNITY SURVEY The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 88018 SUBMITTED BY PACKAGING PLUS INC. REQUESTING VARIANCE APPROVAL FROM CITY COUNCIL RESOLUTION NO 77-67, WHICH GOVERNS WALL SIGNERY ALONG THE NORTH WALLS OF 6800 6820 AND 6840 SHINGLE CREEK PARKWAY TO ALLOW WALL SIGNS NOT MORE THAN 11 FEET ABOVE THE BUILDING FLOOR GRADE The City Manager noted this item was recommended for denial by the Planning Commission at its November 10, 1988, meeting. At this time the applicant requested the Planning Commission not to refer the item to the City Council, which would allow the applicant time to submit additional information. The Planning Commission did recommend Planning Commission Application No. 88018 be submitted to the City Council for denial at its December 8, 1988, meeting. The Director of Planning & Inspection referred the Mayor and City Councilmembers to pages one through three of the November 10, 1988, Planning Commission minutes and page five of the December 8, 1988, Planning Commission minutes. He went on to briefly review the application and noted the Planning Commission did recommend denial of this application, citing the following findings as the basis for denial: 1. The proposed sign was fabricated and erected in error without a proper permit. The City, therefore, accepts no responsibility for the lost value of the sign, nor any responsibility for erecting the sign without a permit. 2. There is no access to the industrial buildings along the south side of 69th Avenue North. There is, therefore, no need to communicate a message to those driving along 69th Avenue North for directional purposes. 3. The proposed sign would constitute an unnecessary intrusion into the visual environment of the residential neighborhood north of 69th Avenue North. 4. A sign not more than 5 feet high is ver readable to people g y p ple on the property looking for a given business on the premises. 5. The Packaging Plus, Inc. business at 6800 Shingle Creek Parkway is not a unique sort of business relative to other businesses located in the buildings adjacent to 69th Avenue North. 6. The Standards for a Sign Variance contained in Section 34 -180 are not met in this situation. (For a variance to be granted, all standards must be met and are not met in this case). 12/19/88 -7- t Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 88018 submitted by Packaging Plus, Inc. requesting variance approval from City Council Resolution No. 77 -67, which governs wall signery along the north walls of 6800, 6820, and 6840 Shingle Creek Parkway, to allow wall signs not more than 11 feet above the building floor grade. He inquired if there was anyone present who wished to speak at the public hearing. No requested to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to close the public hearing on Planning Commission Application No. 88018. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to deny Planning Commission Application No. 88018, citing the six findings as listed above by the Director of Planning and Inspection, as the basis for denial. The motion passed unanimously. Councilmember Scott inquired if all signs in this area are in compliance with the resolution. The Director of Planning and Inspection stated he believes all the signs are correct, but he will have a code enforcement officer check this out. He noted the resolution pertains only to the north walls of these buildings. PLANNING COMMISSION APPLICATION N0. 88023 SUBMITTED BY GARY PRZYMUS REQUESTING SPECIAL USE PERMIT APPROVAL TO CONDUCT A REUPHOLSTERING BUSINESS OUT OF THE GARAGE OF THE RESIDENCE AT 7012 REGENT AVENUE NORTH The City Manager noted this item was recommended for approval by the Planning Commission at its December 8, 1988, meeting. The Director of Planning and Inspection referred the Council to pages one and two of the December 8, 1988, Planning Commission minutes. He went on to briefly review the application and noted the Planning Commission recommended approval of the application subject to seven conditions which he reviewed for the Council. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 88023 submitted by Gary Przymus requesting special use permit approval to conduct a reupholstering business out of the garage of tFie residence at 7012 Regent Avenue North. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to close the public hearing on Planning Commission Application No. 88023. The motion passed unanimously. Councilmember Lhotka inquired of the applicant how long he had been operating in his home. Mr. Przymus stated he has been operating his business for approximately one year. Councilmember Lhotka inquired if this is the main occupation for Mr. Przymus. Mr. Przymus responded affirmatively. Councilmember Lhotka inquired how many days a week Mr. Przymus does reupholstering. Mr. Przymus stated he generally operates his business Monday through Saturday. Councilmember Lhotka inquired how long Mr. Przymus foresees himself operating his business out of his garage. Mr. Przymus stated he believes it would be two 12/19/88 -8- to three years before his business would be large enough to allow him to rent space elsewhere. Councilmember Lhotka inquired if Mr. Przymus would have any objections to the addition of a new condition which would note the hours of operation as Monday through Saturday, 8 a.m. to 5 p.m., with no work allowed on Sunday. Mr. Przymus stated he would have no objections to this condition. There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve Planning Commission Application No. 88023 subject to the following conditions: 1. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 2. The special use permit is issued to the applicant as operator and is nontransferable. 3. Noise from the operation of the home occupation shall not emanate beyond the property lines of the premises. 4. A fire extinguisher shall be kept in the garage for safety purposes. 5. The home occupation is deemed to be incidental and secondary to the residential use of the premises. It is noted that the home occupation is conducted in a tuck -under garage, not a separate building. 6. When stored on site, materials and furniture accessory to the home occupation shall be stored indoors. No outside storage is permitted. 7. Approval of the special use permit in no way implies exemption from the recently adopted restrictions on the parking and storage of certain vehicles in residential zoning istricts which becomes effective June ne u 1, 1989. 8. The hours for operating the home occupation shall generally be 8 a.m. to 5 p.m., Monday through Saturday. The home occupation shall not be conducted on Sunday. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 88024 SUBMITTED BY SHINGLE CREEK LAND COMPANY REQUESTING PRELIMINARY PLAT APPROVAL TO RESUBDIVIDE INTO FIVE LOTS THE VACANT LAND NORTH OF I -94 BETWEEN JAMES CIRCLE AND HUMBOLDT AVENUE NORTH The City Manager noted this item was recommended for approval by the Planning Commission at its December 8, 1988, meeting. The Director of Planning and Inspection referred the Mayor and Councilmembers to pages two and three of the December 8, 1988, Planning Commission minutes. He went on to briefly review the application and the five conditions recommended for approval of this application. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 88024 submitted by Shingle Creek Land Company 12/19/88 -9- requesting preliminary plat approval to resubdivide into five lots the vacant land north of I -94 between James Circle and Humboldt Avenue North. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application No. 88024. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Planning Commission Application No. 88024 subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the requirements of Chapter 15 of the City Ordinances. 3. The drainage plan for the plat shall be reviewed and approved by the West Mississippi Watershed Commission prior to final plat approval. 4. The owner of the property shall execute an easement to protect the ponding area and the overflow swale on Lot 3, Block 2 prior to final plat approval. 5. The owner shall execute, prior to final plat approval, a Subdivision Agreement covering at least the following items: a) Submission of a subdivision bond to insure completion of required improvements within public right -of -way. b) Construction of Irving Avenue North and 64th Avenue North including storm sewer, sanitary sewer, water mains, sidewalk, curb and gutter and street paving. c) A maintenance and inspection agreement for the drainage system. d) A hook -up agreement for the water main. e) Limitation on sanitary sewer flow generated by development within the plat. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes granting approval of the final plat and subdivision agreement. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve for first reading An Ordinance Vacating Part of a Utility Easement in Lot 3, Block 1, Richardson Addition and setting a public hearing date for January 23, 1989, at 7:30 p.m. The motion passed unanimously. 12/19/88 -10- There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve for first reading An Ordinance Vacating the Street Easement in Tract D, Registered Land Survey No. 1482 and setting a public hearing date for January 23, 1989, at 7:30 P.M. The motion passed unanimously. Councilmember Lhotka stated at another Council meeting he would like to review the City's policy on approving preliminary and final plats at the same time. RECESS The Brooklyn Center City Council recessed at 8:24 p.m. and reconvened at 8 :37 p.m. PLANNING COMMISSION APPLICATION NO. 88025 SUBMITTED BY BRUCE NEILSON REQUESTING SPECIAL USE PERMIT APPROVAL TO CONDUCT AN ENTERTAINMENT AGENCY AS A HOME OCCUPATION WITH ONE NONRESIDENT EMPLOYEE IN THE LOWER LEVEL OF THE RESIDENCE AT 3801 53RD AVENUE NORTH The City Manager noted this item was recommended for approval by the Planning Commission at its December 8, 1988, meeting. The Director of Planning and Inspection referred the Mayor and Councilmembers to pages four and five of the December 8, 1988, Planning Commission minutes. He went on to briefly review the application and six conditions recommended for approval of this application. Councilmember Hawes stated he believes the sign which is currently on the premises exceeds the square footage allowed for home occupation signs. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 88025 submitted by Bruce Neilson requesting special 0 use permit approval to conduct an entertainment agency as a home occupation with one nonresident employee in the lower level of the residence at 3801 53rd Avenue North. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application No. 88025. The motion passed unanimously. A brief discussion then ensued regarding the types of rehearsals which are held at the home, and Mr. Neilson stated there are usually only vocal rehearsals in the home which would involve four to six singers and a g piano player. Councilmember Lhotka stated if Mr. Neilson has a successful business, he would prefer to see him operate it somewhere besides his home. A brief discussion then ensued regarding the hours of operation for this home occupation, and it was decided to add these as a condition to approval. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Planning Commission Application No. 88025 subject to the following conditions: 1. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 12/19/88 -11- i 2. The special use permit is issued to the applicant as operator and is nontransferable. 3. All parking associated with the home occupation shall be off - street on improved space provided by the applicant. 4. Special use permit approval acknowledges employment on the premises of one nonresident employee. 5. Customers shall be served on an appointment -only basis. The applicant shall make no appeals through signery for walk -in traffic from the neighborhood. 6. Approval of the special use permit in no way implies exemption from the recently adopted restrictions on the parking and storage of certain vehicles in residential zoning districts which becomes effective June 1, 1989. 7. The hours for operating the home occupation shall generally be 9 a.m. to 5:30 p.m., Monday through Saturday. The home occupation shall not be conducted on Sunday. The motion passed unanimously. DISCUSSION ITEM IRS SECTION 89 COMPLIANCE The Finance Director stated Section 89 of the IRS Code sets forth basic qualification standards and nondiscrimination tests with which certain types of employer - sponsored health and welfare benefit plans must comply. He noted the standards are very complex and the penalties very high for noncompliance. He explained the minimum fee to have our programs reviewed would be $2,000, and the remainder of the fee is based on the number of employees and the number of plans in use. He stated he is anticipating the report to cost between $4,000 and $6,000. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis authorizing the City Manager to enter into an agreement with Moore, Costello and Hart and D.C.A., Inc. for professional services in connection with Section 89 compliance and authorizing the expenditure of funds from the City Council professional services account within the 1989 general fund budget for the professional services. The motion passed unanimously. ON -SALE CLUB LICENSE There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the on -sale club liquor license for the Brooklyn Center American Legion Club No. 630. The motion passed unanimously. OTHER.BUSINESS Mayor Nyquist stated he would like to thank Councilmember Theis for his seven years of service on the Council. 12/19/88 -12- Councilmember Lhotka stated he was not pleased with the article prepared by the POST newspaper reporter. He stated it appears she printed some of her information out of context. Councilmember Scott stated she was quite upset with regards to the article and noted some of the statements were quite changed. She added the reporter will not get any direct quotes from her again. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Hawes to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:05 p.m. City Clerk Mayor 12/19/88 -13- 5 CITY OF BROOKLYN CENTER EMPLOYEE RE C 0 GNI TION NIGHT CITY COUNCIL CHAMBERS 7:00 P.M. JANUARY 3, 1989 i IIERN CITY OF BROOKLYN CENTER EMPLOYEE RECOGNITION NIGHT January 3, 1989 Tonight is the tenth annual presentation by the City Council of service awards to City Employees to recognize years of service to the City. Recognition is to be given tonight to those employees who, during 1988, observed the anniversary of either twenty or twenty —five years of permanent full—time employment with the City. The awards are a part of a service recognition program approved by the City Council in 1979. Five persons, who are listed below, will receive awards this evening. EMPLOYEES WITH TWENTY YEARS OF SERVICE GREGORY WEEKS Police Sergeant December 11, 1968 RICHARD NORDSTROM Public Utilities Maintenance December 18, 1968 EMPLOYEES WITH TWENTY —FIVE YEARS OF SERVICE LEROY CHRISTENSON Police Officer January 2, 1963 GARY GIVING Engineering Technician February 4, 1963 DONALD S OLLAR S Police Sergeant January 2, 1964 The employees recognized this evening are representative of all City employees who serve their City well. 1 ER1 -------------------------------------------------------- LISTING OF ACTIVE CITY EMPLOYEES WITH TWENTY OR MORE YEARS OF SERVICE AS OF JANUARY 3, 1989 -------------------------------------------------------- THIRTY OR MORE YEARS OF SERVICE ROBERT CAHLANDER, Supervisor of Streets and Parks (33) TWENTY -FIVE OR MORE YEARS OF SERVICE JAMES LINDSAY, Chief of Police (29) RICHARD SCHWAB, Public Works Supervisor (27) RICHARD HANDY, Police Officer (26) LEROY CHRISTENSON, Police Officer (26) GARY GIVING, Engineering Technician (25) DONALD SOLLARS, Police Sergeant (25) TWENTY OR MORE YEARS OF SERVICE PAUL HOLMLUND, Director of Finance (24) DAVID WERNER, Police Sergeant (23) SCOTT KLINE, Police Captain (22) DONALD SPEHN, Police Officer (22) M. ROBERT HOLMES, Public Works Dispatcher (21) ERLAND SHELLEY, Police Officer (21) GREGORY WEEKS, Police Sergeant (20) _ ___RICHARD NORDSTROM, Public Utilities Maintenance (20) Eighty —two employees, of a total of one hundred thirty — two full —time authorized City Employees, have served the City for more than five years. An analysis of permanent full —time service as of January 3, 1989 follows: Accumulative Employees with 30 or more years service 1 1 Employees with 25 or more years service 6 7 Employees with 20 or more years service 8 15 Employees with 15 or more years service 13 28 Employees with 10 or more years service 19 47 Employees with 5 or more years service 35 82 Employees with less than 5 years service 50 Total Permanent City Employees 132 IIER2 CITY OF BROOKLYN CENTER Council Meeting Date 1 -3-89 Agenda Item Number _ /3 REQUEST FOR COUNCIL CONSIDERATION • ITEM DESCRIPTION: MAYORAL APPOINTMENTS DEPART NT APPR AL: OF Administrative Aid Signature - title 1 e MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report C mments below /attached SUMMARY EXPLANATION: (supplemental sheets attached _) Several terms of appointment for advisory commissioners are due for consideration of reappointment by the mayor and city council. Each of the commissioners has been notified, and they have expressed their intentions on whether or not they wish to be reappointed. Below is a summary of these positions. �- HOUSING COMMISSION Dolores Hastings does not want to be reappointed Ray Haroldson does not want to be reappointed Ron Turner does not want to be reappointed Barb Jensen wants to be reappointed to serve through 12 -31 -91 Nicholas Eloff recommended for appointment as chairman HUMAN RIGHTS AND RESOURCES COMMISSION Jayne Kuhar does not want to be reappointed (current chairperson) Agatha Eckman wants to be reappointed to serve through 12 -31 -91 Shirley McCumber does not want to be reappointed Lorna Seburg wants to be reappointed to serve through 12 -31 -91 PARK AND RECREATION COMMISSION Dave Skeels wants to be reappointed to serve through 12 -31 -91 Bud Sorenson Bud Sorenson has unofficially been serving as chair since his term expired on 12 -31 -87 PLANNING COMMISSION George Lucht does not want to be reappointed (current chairperson) Lowell Ainas wants to be reappointed to serve through 12 -31 -90 Wallace Bernards wants to be reappointed to serve through 12 -31 -90 Kristin Mann recommended for appointment to serve through 12 -31 -90 NORTHWEST HENNEPIN HUMAN SERVICES ADVISORY COMMISSION John Casey wants to be reappointed to serve through 12 -31 -90 • APPLICATION FOR APPOINTMENT TO THE BROOKLYN CENTER PLANNING ADVISORY COMMISSION 1. Name (R(kn n Address E�i �; Efx;' T. 12 Lkx LAVdt Phone 3. How long have you been a resident? A jAr 4. List special interests, qualifications, experience which you feel relate to this appointment: - continue on back - S. Additional remarks concerning your ideas or observations on the role of the Commission: 6 continue on back - 6. Are you familiar with the purpose, authority, and responsibility of the Commission as described in the Zoning Ordinance? Yes y� No 7. Are you aware of the importance of regular Commission meeting attendance (normally twice a month on the 2nd and 4th Thursday nights) , and do you feel you have the time available to be an active participant? Yes No Comments: Z ", 01�) . Signature Da to Submit to: Mayor City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 i PROCLAMATION DECLARING 1989 AS THE YEAR OF THE YOUNG READER WHEREAS, books and reading are the basic nourishment of a growing mind and the foundation of a child's future education and enrichment; and WHEREAS, developing children into readers today is the best way of ensuring a literate and informed citizenry tomorrow; and WHEREAS, the Book Industry Study Group and others have reported a decline in book reading among young people in recent years; and WHEREAS, since 1983 the National Commission on Excellence, the Commission on Reading, and The Librarian of Congress have urged this Nation to give renewed attention to encouraging a love of books and reading among our young people. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Brooklyn Center join the Senate and the House of Representatives of the United States of America in designating 1989 as The Year of the Young Reader and encourage parents, educators, librarians and all other people in this community to observe this year with appropriate programs, ceremonies, and activities aimed at giving our children and young adults the gift, the joy, and the promise of reading. Date Mayor Seal Attest: Clerk HENNEPIN COUNTY LIBRARY ADMINISTRATIVE OFFICES RIDGEDALE DRIVE AT PLYMOUTH ROAD 2 P'N;; ° 12601 Rid edale Drive W HENNEPIN Minnetonka Minnesota 55343'- tiNE Ste' (612) 541 -8530 Dec. 19, 1988 Patti Page City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Patti, Per our phone conversation, attached is a draft of a proposed resolution designating 1989 as the "Year of the Young Reader." As you will note, this is a national observation. Please feel free to change the resolution to make it appropriate for approval by the Brooklyn Center City Council and Mayor. As I mentioned, the staff at the Brookdale-Hennepin Area Library is planning Year of the Young Reader activities throughout the year and will kick off the celebration with a program featuring the Teddy Bear Band at 10:30 a.m., Monday, Jan. 16. We would like to have a representative of the city on hand then to present the proclamation. I will be working on special publicity for this event. Thank you for your help. Please call me at 541 -8595 or Brookdale head librarian Pat Chisenhall at 566 -1261 if you have any questions. I will be contacting you again. Sincerely, Oc�h2ltlx Linda Jennings Senior Information Writer c. Pat Chisenhall HENNEPIN COUNTY an equal opportunity employer Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the First Brookdale State Bank be and is hereby designated as the depository for the funds of the City of Brooklyn Center, Minnesota. BE IT FURTHER RESOLVED that the following named banks are hereby designated additional depositories to be used for investment purposes: First National Bank of Minneapolis F &M Marquette National Bank of Minneapolis Norwest Bank Minneapolis First National Bank of St. Paul American National Bank of St. Paul First Western Bank Camden Norwest Bank First Minnesota Savings & Loan Association Midwest Federal Savings & Loan Association Twin City Federal Savings & Loan Association The city treasurer is authorized to deposit City funds in the named depositories to the extent that repayment is guaranteed by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation and such additional funds not to exceed the amount of 90% of collateral pledged to the City, and approved by the City, by said depository. BE IT FURTHER RESOLVED that the persons generally authorized by the City Charter to act for the City in any of its business with the depository are any persons holding office from -time to time as city manager and city treasurer. All checks drawn upon an account of the City shall be signed by both of the above designated persons. BE IT FURTHER RESOLVED that the city manager is Gerald G. Splinter and the city treasurer is Paul W. Holmlund. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. /6b Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: Celia Scott is hereby designated as a representative of the Association of Metropolitan Municipalities, and Gerald G. Splinter is hereby designated to serve as alternate representative of the Association of Metropolitan Municipalities for the year 1989 and until their successors are appointed. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING MAYOR NYOUIST'S 1989 SALARY WHEREAS, Mayor Dean Nyquist served as Mayor of Brooklyn Center from 1978 through 1988 without salary compensation; and WHEREAS, Mayor Nyquist has officially requested that he not be compensated in 1989 for serving as n Mayor of Brooklyn Center; and g y y WHEREAS, the City Council is appreciative of Mayor Nyquist's gesture and wishes to acknowledge his request and formally direct that no salary be iven him in 1989 for serving ervin as Mayor of Brooklyn Center. g NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to direct that Mayor Nyquist, at his own behest, not be compensated in 1989 for serving as Mayor of Brooklyn Center. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted favor thereof: and the following oted against g g nst the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 1/3/89 Agenda Item Number /d d REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR REHABILITATION OF WELL NO. '8 (PROJECT NO. 1988 -23, CONTRACT 1989 -A) DEPT. APPROVAL: * * * * * * * * * * * **N�* , DIRECTOR OF U WORKS * * ** * ** * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes Explanation • In'Augu.st, 1988, an inspection of Well No. 8 indicated that a collapse had occurred in the cavity of Well No. 8 (located on Camden Avenue at Woodbine Avenue). Since then the pump has been removed and several attempts have been made to rehabilitate this well - only to find that conditions were not as anticipated`- necessitating a "change in plan (see detailed report attached). Also, the well has a history of previous problems (also detailed in the attached report). ,On November 21, 1988, this office recommended approval of a proposal to install :a - acreen at a cost estimate of $125,000 to $150,000 - and the City Council approved a contract with Short- Elliott- Hendrickson (SEH) to provide engineering services for that work. After a detailed evaluation of the history and information relating to this well,'SEH recommends against the well screen alternative and recommends instead that the well be 'rehabilitated to operate with an open cavity, but at a reduced capacity. The cost of this alternative is estimated at $15,000 to $30,000. While no guarantees are possible, City staff is optimistic that this alternative will yield acceptable results. At any rate, it is regarded as the "best bet for a cost - effective solution. Ad Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR REHABILITATION OF WELL NO. 8 (PROJECT NO. 1988 -23, CONTRACT 1989 -A) WHEREAS, pursuant to Resolution No. 88 -192, Short- Elliott- Hendrickson, Inc. (SEH), consulting engineers, have prepared plans and specifications for the rehabilitation of Well No. 8 (located at 7230 Camden Avenue North) and the Director of Public Works has advised the City Council that, in his opinion, the rehabilitation method described by those plans and specifications represents the most cost - effective approach to attempt rehabilitation of this well to an acceptable operating condition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The plans and specifications prepared by Short - Elliott- Hendrickson, Inc. for this project are hereby approved. 2. The City Clerk shall prepare and cause to be published at least twice in the official newspaper and in the Construction Bulletin an advertisement for bids for the making of such improvement under such plans and specifications. Such advertisements shall be published as required by law and shall provide that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 10 percent of the amount of such bid. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430. TELEPHONE 561 -5440 EMERGENCY - POLICE - FIRE C ENTER 911 TO: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: December 29, 1988 RE Well No. 8 - Update Explanation /Past Actions • In August, 1988, an inspection of Well No. 8 indicated that some type of collapse had occurred in the well cavity (i.e., the open part of the well which lies below the end of the well casing - within the water - bearing "Jordan" sandstone aquifer, which extends from a depth of 241 feet below the surface to a depth of 311 feet at this location). Based on our evaluation of conditions at that time, a decision was made to operate that well on an emergency basis, if needed, until the end of the heavy water demand which resulted from the drought conditions which prevailed during the summer of 1988. • On September 26, the well was taken out of service, the pump was removed and the well was televised. o detailed report dated October 6, 1988, was submitted to the City Council on October 10. In that report it was noted that this well which was constructed in 1977 has a history of recurring problems, requiring special rehabilitation work in 1979, in 1985, in June of 1987, and in January of 1988. On October 24, the City Council, based on our recommendations, approved "Phase I" work (i.e., installation of a grout seal in the roof of the cavity) at a cost of $14,631.25 and awarded a contract for proposed "Phase II" work (i.e. - bailing loose materials out of the cavity) at a cost of $11,290 based on estimated quantities and unit prices as submitted by the low bidder). At that time, we expected that completion of "Phase II" would allow this well to be returned to service. o Work under the "Phase II" contract proceeded until November 9, at which time it became obvious that the project could not be completed as planned because 4 nee+uuueician =� Page Two December 29, 1988 conditions found in the well cavity were greatly different than what was anticipated. Accordingly, that contract was terminated, based on a negotiated close- out.price of $7750 (vs. the contract amount of $11,290). o On November 21, I presented a report to the City Council in which I advised the Council that, after consultations with the well drilling contractor, with our staff, and with Short - Elliott- Hendrickson (SEH) (a consulting engineering firm with expertise in this type of work, whom we contacted for assistance when our Phase II plans failed), we had concluded that the soil conditions which exist in the cavity of this well are such that we cannot expect the walls of this cavity to stabilize." Accordingly, I reported that the recommended alternative to an open cavity well is to install a large screen into the cavity, then to fill the entire cavity outside of that screen with a gravel pack." In that report I also estimated that the costs for this work were estimated to be " in the order of $125,000 to $150,000," that "upon completion, the well (would be) fully stabilized requiring only minimal infrequent maintenance of the screen" and that the costs for abandoning this well and constructing a new well are estimated at $650,000. Based on my recommendation, the City Council, on November 24, accepted a proposal from SEH to provide engineering services relating to the rehabilitation plan. The estimated costs for SEH's services are $9300, with a not -to- exceed maximum of $14,000. Update on Evaluation of Existing Conditions and Proposed Rehabilitation Method Since receiving approval to proceed with their work, SEH has thoroughly reviewed the history of this well, and all available information regarding it. Based on their evaluation, SEH has advised us that: f I.--- In heir opinion, the installation of a well screen would provide a permanent stabilized well which would allow the well to operate at a slightly reduced capacity for some period of time. However, based on their evaluation of the available information, there is a significant probability that the capacity of the well would gradually decrease due to encrustation of the "gravel pack" - and that once such encrustation occurs, it would be impossible to correct. Accordingly, SEH estimates that over a period of 10 to 20 years the capacity of this well could be reduced by 25% to 50% (from its present operating capacity of 1550 gallons per minute). 2. It is their opinion that the most cost - effective alternative is to rehabilitate the open cavity of the well, and to operate it at a reduced capacity which, hopefully, will prevent additional cave -ins. No accurate forecast can be made without partial rehabilitation, test - pumping and testing the well. However, SEH believes that it is probable that the well Page Three December 29, 1988 can be operated at about 1000 to 1200 gallons per minute without major collapse of the well cavity. 3. That the costs for this alternative approach to rehabilitation of the well will be between $15,000 and $30,000, depending on the amount of loose materials which must be bailed out of the cavity to achieve stability. Recommendation Based on the above -noted information, I have directed SEH to prepare plans and specifications for a contract, based on the alternative "open cavity /reduced capacity" approach. I recommend that the City Council adopt a resolution approving these plans and specifications so that we may proceed to advertise for bids - to be received on January 19, and presented to the City Council for consideration on January 23. As prepared, the plans and specifications would provide for a contract which would cover the full amount of the work to be completed, but allow the City to delete portions of the work if it is found that: 1. The desired conditions can be developed without completely bailing out the entire cavity; or 2. test pumping results indicate that the well cannot safely produce at least 1000 gallons per minute. Accordingly, we estimate that the total bids received will be in the range of $30,000. However., up to $15,000 of that cost can be deleted if either of the two noted conditions occur. - Summary - This project has developed into a very complex and frustrating situation. No guarantees can be given as to the results of any approach. However, based on our current evaluation, I believe that it is proper to proceed with the approach described above - expending $15,000 to $30,000 to rehabilitate this well to hopefully produce approximately 1000 gallons per minute. In the event this approach fails to produce the expected results, I would then recommend consideration of two options, i.e.: Option 1 - abandonment of this well and construction of a new well; or Option 2 - extension of this well into the "Hinckley" aquifer which lies approximately 100 to 150 feet deeper than the Jordan aquifer. Page Four December 29, 1988 Either of those options would be very costly. Accordingly, I recommend that the Council approve the plans and specifications for the project described above. While offering no guarantees, I am optimistic that this approach will yield acceptable results; and it is my opinion that this is the "best bet" for a cost - effective solution. Respect ully submitted, A � Sy Kn , p ` Director of Public Works CITY OF BROOKLYN CE14"TER Notice is hereby given that a public hearing will be held on the 3rd day of January , 1989 at 7:30 p.m. at the City Fall, 6 ?01 Shingle Creek Parkway, to consider an amendment to Chapter 35 of the City Ordinances regarding outside storage. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -54 1 .0 to make arrangements. ORDINANCE NO. A1d ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING OUTSIDE STORAGE TY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: THE CITY COUNCIL OF THE CI Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 35 -411. SPECIAL REQUIREMENTS IN THE Cl AND C1A DISTRICTS. 1. All storage, display, service, repair or processing shall be conducted wholly within an enclosed building. Semi - trailers may not be used for the out of door storage of materials, equipment, merchandise, inventory, etc. Section 35 -412. SPECIAL REQUIREMENTS IN C2 DISTRICTS. 1. All storage, display, service, repair or processing shall be conducted wholly within an enclosed building or behind an opaque fence or wall. not less than six feet high, or high enough to completely screen the storage or other activity from view of the abutting property at ground level. Semi - trailers may not be used for the out of door storage of materials, equipment, merchandise, inventory, etc. [except that the The outdoor storage of merchandise during business hours on a private pedestrian walkway located contiguous to the primary building is not prohibited by this section. This requirement shall not apply to the out of door storage and display of new and used motor vehicles or marine craft for which a special use permit has been issued. Neither shall the requirement apply to the out of door retail sale of food at drive -in eating establishments for which a, special use permit has been issued. Temporary outdoor storage and display of merchandise may be allowed by permit pursuant to Section 35 -800 of this ordinance. Section 35 -413. SPECIAL REQUIREMENTS IN I -1 AND I -2 DISTRICTS. 9. Outdoor Storage and Activity In the industrial park district (I -1) all production, storage, servicing, or merchandising, except off - street parking and off - street loading shall be conducted within completely enclosed buildings. Semi - trailers may not be used for the outdoor storage of materials, equipment, merchandise, inventory, etc. ORDINANCE NO. . Fuel storage or storage of materials associated with a noncommercial use required for the public welfare which is not located within a completely enclosed building or buried below grade shall be completely screened from view utilizing earth or opaque structural materials. Said screening device shall be appropriately landscaped and shall be esthetically compatible with other structures and landscaping on the site. Detailed plans for said screening shall be submitted to and approved by the City Council. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 1988. t Mayor ATTEST: Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter). CITY OF BROOKLYN CENTER 17D Notice is hereby given that a public hearing will be held on the 3rd day of January 1939 at 7:30 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 7 regarding the abatement of nuisances and assessment of the costs of abatement. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE. NO. AN ORDINANCE. AMENDINC CHAPTER 7 OF THE CITY ORDINANCES REGARDING THE ABATEMENT OF NUISANCES AND ASSESSMENT OF THE COSTS OF ABATEMENT THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 7 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 7 -105. NUISANCE ABATEMENT. Any accumulation of refuse on any premises not stored in containers which comply with this ordinance, or any accumulation of refuse on any premises which has remained thereon for more than one week is hereby declared to be a nuisance and may be abated by order of the [city health officer, as provided by Minnesota Statutes, Sections 145.22 and 145.2 and the cost of abatement may be assessed on the property where the nuisance was found, as provided in said section.] officer charged by the City Manager with enforcement of this Section and the costs of abatement may be assessed against the property on which the nuisance was found as follows: — A. In all cases to which Minnesota Statutes Sections 14 .22 and 14 — � .2? 5 5 apply, the City shall proceed under those Sections. B. in all other cases, the officer charged with enforcement shall notify the owner of the property on which the nuisance is found in writing specifying the nature of the. nuisance and ordering that the nuisance be abated.. Notice shall be served in person or by mail. If the owner is unknown or cannot be located, notice may be served by posting it on the property. The notice shall specify the steps to be taken to abate the nuisance and the time, not exceeding ten (10) days, within which the nuisance shall be abated. If the owner does not comply with the notice and order of the enforcement officer within the time specified therein. the City Council may, after notice to the owner and the occupant of the property, if different from the owner, and an opportunity to be heard, order that the nuisance be abated by the City. The notice of hearing shall be served in the same manner as the notice and order of the enforcement officer and shall be given at least ten (10) days before the date specified for hearing of the matter by the City Council. If notice is given by posting, at least thirty (30) days shall elapse between the date of posting and the hearing. In emergency circumstances where there is an immediate threat to the public health or safety or an immediate threat of serious property damage, the enforcing officer may provide for abating the nuisance without action of the City Council. In such a case, the enforcing officer shall reasonably attempt to notify the owner and occupant of ORDINANCE NO. the intended action and the right to appeal the determination that a nuisance exists and the order to abate the nuisance at the next regularly scheduled City Council m eeting. In case of abatement of nuisances by the City, upon determination of the cost of abatement, including administrative and other related expenses, the City Clerk shall prepare and mail a bill therefor to the property owner, for the amount so determined which shall immediately be due and payable. In the event such bill is not paid by the September lst next following the abatement of the nuisance, the costs of abatement shall be levied against the property pursuant to Minnesota Statutes, Chapter 429. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1988. Mayor ATTEST: Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter). MEMORANDUM TO: City Manager, G. G. Splinter FROM: Chief of Police, James Lindsay DATE: December 23, 1988 SUBJECT: Purchase Request for Replacement Police Vehicle Attached please find a list of cars available from leasing companies. I concur with Captain Kline's recommendation to purchase a vehicle from Brooklyn Center Leasing. The city garage has checked the vehicle and found no defects. Purchase Price - $7200.08 Sales Tax - 432.00 Transfer Fee - 36.25 Warranty - 106.00 $7768.25 This vehicle will replace the captains' vehicle which has been converted into a marked squad car. To: Chief James Lindsay From: Capt. Scott Kline Date: December 22, 1988 SUBJECT: Unmarked Car Purchase Capt. Kline contacted the national rental companies and three local companies concerning the purchase of a used mid sized 4 dr redan. The equipment specified as needed on the car is as follows: Automatic Rear Window Defroster Air Radio Tilt Wheel Power Windows Attached you will find a listing of what they have available. At this time I would recommend the purchase of the LeBaron from B.C. Leasing Co. for a total cost of $7,768.25. The only negatives to the car are the 4 cyl. engine, which hasn't proven to be a problem in the Plymouth purchased in 1987, and the fact that it is a year older. The plus side of the cards that we can assume the remainder of the 7 yr, 70,000 mile warranty and that the saving to the city would amount to approximately $1,700. to $3,500. COMPANY CAR TYPE MILEAGE COST Avis 88 Celebrity 19- 22,000 $ 8900 88 Pontiac 6000 19- 22,000 9400 88 Buick Century 19- 22,000 9700 88 Ciera 19- 22,000 9700 88 Bonneville 26,000 10,700 Hertz 88 Corsica 10- 12,000 9349 88 Taurus 10- 12,000 10,699 88 Century 10- 12,000 10,599 88 Ciera 10,000 10,599 National 88 Century 25,000 8500 88 Ciera 25,000 8900 Town & Country 88 K -car 14,000 7600 BC Leasing 87 LeBaron 27,0.00 7200 Iten Leasing 88 Celebrity 25,000 9200 CITY OF BROOKLYN CENTER council Meeting Date 1 /3/89 Agenda Item Number /90, REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: LOBBYING SERVICES - BOLAND & ASSOCIATES DEPT. APPROVAL: Signature - title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attache SUMMARY EXPLANATION: (supplemental sheets attached 1 / HISTORY The City of Brooklyn Center currently has ongoing two studies —one relating to the property value impact of residential facilities and a study to evaluate our ordinances as it relates to these "residential facilities ". The Association of Metropolitan Municipalities is also evaluating and reviewing the issue of the siting process and licensing process of state and county agencies. There is also ongoing a legislative audit analysis of residential facilities and a similar type audit by Hennepin County. In discussions we have had with both sides of this issue, it seems apparent that the existing processes from a municipal standpoint, from a citizen standpoint, and from an applicant standpoint, has precipitated considerable conflict and has not served any of the parties very well. Boland & Associates is currently attempting to put together a group of municipalities in a lobbying effort which will, I believe, assist in clarifying and handling some of the conflict problems that exist In this current situation. Your staff believes that in working with a lobbying group such as this and the AMM and other interested parties, that we can come to a consensus on legislation which will assist in handling some of the conflict involved in these siting situations in a more appropriate manner for all concerned. From your staff's point of view, much of the conflict in the current situation arises out of the fact that the state licensing procedure simply does not have adequate opportunity for public input. As a result, during these siting processes citizens use the special use or zoning processes of the city for public input in the licensing area, and the city council simply does not have the authority in the license area. I am sure you are aware of other issues which need . to be addressed in this process, but from your staff's point of view, this is the most critical one. Boland & Associates have provided me with the attached document which describes their legislative Issues program. I believe subscribing to this service offers the best opportunity for the City of Brooklyn Center to have an impact in this area, and the best opportunity for us to influence the legislature to modify the licensure process and open it up for public input and information. 1 believe it will be critical for this group to work with the Association of Metropolitan Municipalities, Metropolitan Council, and others in the field, to attempt to get quality legislation clearing up some of the conflict situations in this process. I understand proposed legislation in this area will involve a possible allocation plan for these facilities in the metro area. Monitoring this process will be critical to suburban interest. RECOMMENDATION . Attached please find a copy of a resolution which authorizes the mayor and manager to contract with Boland & Associates for lobbying services in this area, providing that at least two additional communities to Brooklyn Center are enrolled in this lobbying effort. This resolution also appropriates $10,000 for this purpose from the contingency fund to the city council contractual services account for payment purposes. Boland & Associates 2443 E. Larpenteur Ave., Suite 110 Maplewood, MN 55109 (612) 777 -3388 To: City Council Members County Commissioners Other interested organizations Subject: Legislative issues concerning the mentally ill. Action Item: Plan of action and budget for the 1989 Minnesota State Legislative session. The attached position statement and legislative proposal addresses the issue and the need for action at the Municipal, County, Regional Council, State Legislative, and Congressional levels of government. The main thrust has to be at the Minnesota State Legislature where the overiding laws governing the care of the mentally ill exist. This issue has attracted much attention in the recent past because of some incidents involving residents of group homes. Also the legislature is actively pursuing a course of removing clients from state facilities. Many people feel that there has not been adequate public debate on this change of emphasis. Therefore, 'we feel that it is necessary to bring this proposal before the legislature during this session. We need the involvement of municipal and county governments, various state and county agencies, municipal and county organizations, and concerned community citizens for assistance in arriving at an appropiate consensus conclusion. We have been working on this issue for over one year and have developed many contacts that are concerned about the future of the treatment of the mentally ill in Minnesota. Now we need your financial support to properly carry this momentum to the legislature. 'The budget for this action is provided below. We need your commitment as soon as possible but in any event no later than Sept. 30, 1988. Two Consultants for nine months at $7,000 per month equals $63,000.It is our desire to obtain these funds from six groups at a rate of $10,000 per group. If funds are obtained from additional sources, refunds will be provided to all contributors. We desire that these services be performed on a contractual basis. We would be pleased to make a formal presentation if you so desire. If you have any questions or desire additional information, please feel free to call us. Sincerely yours, Ron Christensen JJhn Boland Boland & Associates 2443 E. Larpenteur Ave., Suite 110 Maplewood, MN 55109 (612) 777 -3388 Boland & Associates in cooperation with a number of cities, counties, and other public agencies proposes to put together legislation that would more clearly define the issue of Group Home Siting. It is our contention that the responsibilities and rights of the local communities must be clearly spelled out in legislation to ensure peaceful siting of Group Homes. It must be made clear that the cities are willing to accept such facilities. What we propose is to develop legislation that would clearly spell out each cities' obligations in this area as well as provide them the necessary laws to site such facilities In their communities that best serve the needs of both the community and the residents of the Group Homes. One possible avenue would be to include such provisions in their Comprehensive Plans now reviewed by the Metropolitan Council. Boland & Associates recognizes the sensitivity and intensity of the problem but feels that there is common ground that can be reached to solve both the needs of the Group Home and the cities of the metropolitan area. What follows Is a more detailed proposal of what we feel is necessary to accomplish this task. Y ' LEGISLATIVE PROPOSAL FOR HOUSING AND CARING FOR THE MENTALLY ILL BACKGROUND INFORMATION When legislation was first enacted in 1975, the focus was on the mentally handicapped and the desire to bring them back into the mainstream of society by having them live in truly residential settings. The residents of the communities where group homes were proposed to be sited actively opposed placing these facilities in the residential neighborhoods. This led to the need for state legislation that was enacted to allow 5 or fewer persons to reside in homes that were located in Single Family zoning areas. Communities like Brooklyn Center, where one of the first group homes for the Mentally Handicapped was located, were concerned about the qualilty and types of care that these residents would receive. Once it was determined that there would be "live in" care provided by persons that were trained to provide the assistance and counseling that the residents would need, city officals and neighborhood residents became more comfortable with the concept of mainstreaming the mentally handicapped. Other information that was helpful in aleviating the various concerns was statistics on the numbers of mentally handicapped that were related to citizens that were living in the various communities. Some of these mentally handicapped persons were actually living in the communities with their relatives. Since 1975 the focus has changed dramatically. In addition to the mentally handicapped, now the mentally ill (drug and alcohol dependent) many with addictions that cause violent behavior are being housed in residential settings. Most of them are now being housed in multi - family facilities with fewer and less qualified care providers. What has been an effort to move these individuals out of the "Public .____Institutions" has just become a process of placing them into "Private Institutions" that are only partially refurbished apartment buildings. There is a valid concern about the quality of the care that these highly vulnerable residents are receiving in these new settings. It is often stated there is not sufficient funding to meet the needs of these clients. These statements are made by both county and state employees and also the relatives of the residents of these facilities. There is also a valid concern about the safety of the communities. The supreme court has ruled that these clients can not be forced to take their medications. One of the basic aspects that permitted the mainstreaming of these individuals was the fact that new medications were developed that could control their behavior. If they are not taking their medications their behavior is not under control. In addition to the state law, court decisions have pre - empted the ability of local units of government to have any reasonable control on the proper siting of these treatment facilities. Also, they have no control on the amount or quality of the staffing that is to be provided for the care of the clients. Cities like Minneapolis, St. Paul, Duluth and Moorhead, etc. where there are public housing projects, are required by federal law to permit mentally ill persons the opportunity to apply for housing in these projects even if the buildings are primarily for the housing of elderly residents. This has caused a great deal of fear and concern by the elderly residents. There are very little if any support services for the mentally ill in these buildings and there is no control on the behavior of the mentally ill. Therefore, the help and assistance that the mentally ill need is not available Y 1 le as it is in the state operated facilities. While being required by HUD to house these mentally ill residents with special needs, there is no funding provided by the Department of Housing and Urban Development to assist the local Housing Authorities with the necessary funding to meet the added expenses. The PHA's have to depend on the counties and the state for whatever financial assistance they can obtain. Another social problem that has developed when existing apartment buildings have been converted to group homes is the eviction of the current residents. Many of these residents could be receiving housing assistance with a Section 8 Certificate or Voucher. Many of them are residing in these types of apartments because that is all that is available to meet the requirements of rental rates that do not exceed the Fair Market Rental Rate that is the maximum permited by HUD. With a shortage of affordable rental units these Section 8 renters may have difficulty finding decent, safe, and appropiate housing. Most Section 8 renters are single parent families with children. These children then become displaced. This is a definate case of one social policy conflicting with another with nobody seeming to care or to be giving it any consideration. SUMMARY While state and federal laws have mandated that local units of government and public housing authorities can not discriminate against the mentally ill, there are no provisions or guidelines for cities to use in determining what is appropiate. There is no asssurance that sufficient funding will be available to provide proper care to meet the needs of the mentally ill. Also, the issue of what happens to those other residents that are displaced and have to relocate must be considered as part of the issue. Audits should be performed to determine the successor failure of group homes. Legislation should be enacted to assure proper siting and. performance. STATE LEGISLATURE The State Legislature must take a very serious look at the state facilities along with the issues concerning group homes. Many of these facilities are providing care for the mentally ill and chemically dependent. There is a high need for much open debate on the issue of the state facilities filling the needs of caring for some classifications of the mentally ill and chemical dependent that should not be placed in group homes. There are also the issues of the proper levels of funding and the qualifications of the persons providing the care services. Also, the relative capabilities of staff and facilities between the state and private operators must be identified. Both public and private facilities must have to meet the same standards. At the state legislature, changes in the Minnesota Comprehensive Mental Act should provide for the following: *Classification of the various types or degrees of mental illness and addictions. *Standards for the proper facility size for the various classifications and addictions *Definition of a multiple step process that may lead to mainstreaming for the different classifications and addictions. *Standards for Group Home siting that includes: Space requirements for living, sleeping, food service, counseling, medical, recreation (both inside and outside) etc. *Staffing requirements that would have to be maintained. This should include both numbers and qualifications of staff. *Limits on the amount of income that operators receive. *Limits on the purchase price of buildings and equipment to prevent the operators from passing on excessive prices to the taxpayers. *Establish a program of audits for both financial and operations aspects. Establish legislative oversight to insure that these audits are actually being performed. *Provide for relocation of persons that are displaced by these programs. Special consideration should be given to persons that are receiving housing assistance. * Municipalities should be required to revise their comprehensive zoning plans to provide for group home siting guidelines. These plans should consider the proximity to schools, parks, types of residential housing, etc. *The municipalities and nd the counties should be notified about the possible siting of a Group Home within their boundaries before a property is leased or purchased. This will permit review in accordance with the comprehensive zoning plans. These programs should be fully funded by the State of Minnesota. They should not be passed on the municipalities alities and the counties unfunded mandates. P u ies as METROPOLITAN COUNCIL The Metropolitan Council and other regional development commissions should be involved in the siting process. They have a logical role in the planning and appeal process. The Metropolitan Council has experience in allocating subsidized housing in the metropolitan area. The regional g 1 commiss' ions could review the comprehensive zoning plans of the municipalities to determine if they are adequate in permiting a fair and appropiate distribution of group homes. The regional commissions could also serve as arbitrators when differences between the other parties develop. If needed, they could establish regional Policies-to deal with group homes. It seems that group home concerns are regional in nature. The counties are responsible for administering the programs both for funding allocations and review of the operations. The municipalities are responsible for police and fire protection and for providing other services. Both the municipalities and the counties are also responsible for the concerns of its residents that are not residing in the group homes. Often times these varied responsibilities create a conflict of interest for the agencies involved. The regional commissions may be the most logical level of government to deal with these conflicts when they arise. __FEDERAL GOVERNMENT Congressional laws should permit some control by municipalities on which persons are to be admitted to federally subsidized housing. Mixing the mentally ill and chemically dependent with the elderly does not make any sense. Many of our mentally ill citizens are also chemically dependent. In fact, many of them are mentally ill because of their chemical dependence. Chemical dependence is a nationwide health problem. The federal government should develop a treatment process for dealing with the mentally ill and chemically dependent. It would be more efficient for the federal government to develop a program rather than have each state working independently. l i' Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO CONTRACT FOR LOBBYING SERVICES THAT WOULD CLEARLY DEFINE GROUP HOME SITING AND APPROPRIATING FUNDS THEREFOR WHEREAS, the City Council of the City of Brooklyn Center does deem it necessary to contract for the services of a lobbying group for services relating to the issue of group home siting and to put together legislation that would more clearly define the issue of group home siting; and WHEREAS, the City wishes to enter into a contract with Boland & Associates for these services providing two additional communities are also enrolled in this lobbying effort; and WHEREAS, the cost of these services is $10,000; and WHEREAS, it is proposed the appropriation for these services be transferred from the Contingency Account to the City Council Contractual Services account. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the Mayor and City Manager are hereby authorized to execute a contract with Boland & Associates for lobbying services, provided two additional communities also enroll in this lobbying effort. BE IT FURTHER RESOLVED that $10,000 be transferred from the Contingency Account (01- 4995 - 440 -80) to the City Council Contractual Services account (01- 4429 - 020 -11). Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. /9 Licenses to be approved by the City Council on January 3, 1989 * BOWLING ALLEY LICENSE 1 Earle Brown Bowl 6440 James Circle City Clerk CIGARETTE LICENSE A & J Enterprises 6843 Washington Ave. S. Best Company 5925 Earle Broom Drive Bob Ryan Olds 6700 Brooklyn Blvd. Ryan Management 6160 Shingle Cr. Pkwy. Ryan Management 6200 Shingle Cr. Pkwy. Brooks Superettes 6804 Humboldt Ave. N. Earle Brown Bawl 6440 James Circle M & S Drug Emporium 5900 Shingle Cr. Pkwy. Super America 1901 57th Ave. N. Super America 6545 West River Road Theisen Vending Conpany 3804 Nicollet Ave. S. Brookdale Fond 2550 County Rd. 10 Budgetel Inn 6415 James Circle Econo Lodge 6445 James Cricle Ground Round 2545 County Rd. 10 Holiday Inn 2200 Freeway Blvd. LaCasita Mexican Restaurant 2101 Freeway Blvd. T. Wrights 5800 Shingle Cr. Pkwy. Bill West Service Center 2000 57th Ave. N. Total Petroleum 7645 Lyndale Ave. S. Woodside Enterprises 11889 65th Ave. N. Bakers Square 5601 Xerxes Ave. N. Little Brooklyn 6219 Brooklyn Blvd. �.. City Clerk GASOLINE SERUCE STATION LICENSE Davies Water Equi pment 4010 Iakebreeze Ave. N. Meta Baking Ccmpany- Taystee Bread 4215 69th Ave. N. Total Petroleum 6830 Brooklyn Blvd. . City Clerk MECHANICAL SYSTEMS LICENSE Brooklyn Air Heating & A.C. 5801 Lyndale Ave. N. Kumar Mechanical 8777 Southwest 3rd St. Building Official PUBLIC DANCE LICENSE Earle Brown Baal 6440 James Circle City Clerk GENERAL APPROVAL: D. k. Weeks, City Clerk