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HomeMy WebLinkAbout1994 08-08 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 8, 1994 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7:01 p.m. ROLL CALL Mayor Todd Paulson and Councilmembers Celia Scott and Kristen Mann. Also present were City Manager Gerald Splinter, Director of Public Services Diane Spector, Community Development Specialist Tom Bublitz, City Attorney Charlie LeFevere, and Council Secretary Barb Collman. Councilmembers Dave Rosene and Barb Kalligher were excused from tonight's meeting. OPENING CEREMONIES Dean Nyquist offered the invocation. OPEN FORUM Mayor Paulson noted the Council had received no requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS There were no council reports given. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmember requested any items be removed from the consent agenda. Mayor Paulson announced there would be a presentation related to Resolution 101, which would be made following Item 6. There was a motion by Councilmember Mann and seconded by Councilmember Scott to approve the August 8, 1994, agenda and consent agenda as printed. The motion passed unanimously. 8/8/94 - 1 APPROVAL OF MINUTES JULY 25, 1994 - REGULAR SESSION There was a motion by Councilmember Mann and seconded by Councilmember Scott to approve the minutes of July 25, 1994, regular session as printed. The motion passed unanimously. APPOINTMENT OF ELECTION JUDGES ELECTION JUDGES FOR SEPTEMBER 13 1994 AND NOVEMBER 8 1994 PRIMARY AND GENERAL There was a motion by Councilmember Mann and seconded by Councilmember Scott to appoint the election judges for September 13, 1994, and November 8, 1994, Primary and General Elections, as presented. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 94 -158 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF TRAYCE OLSEN FOR HER DEDICATED PUBLIC SERVICE ON THE HUMAN RIGHTS AND RESOURCES COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 94 -159 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY FOR YEAR XX URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 94 -160 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE THIRD -PARTY AGREEMENTS FOR YEAR XX URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 8/8/94 -2- The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 94 -161 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING RELATIVE TO THE TREATMENT OF UNITY PLACE (FORMERLY "THE PONDS ") AS A LEASEHOLD COOPERATIVE The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 94 -162 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A JOINT AND COOPERATIVE AGREEMENT FOR THE FORMATION AND ADMINISTRATION OF THE HENNEPIN -ANOKA SUBURBAN DRUG TASKFORCE FOR 1995 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 94 -163 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION APPROVING PURCHASE AGREEMENT FOR IMPROVEMENT PROJECT NO. 1993 -18 (MTC PARK AND RIDE) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 94 -164 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION REJECTING BIDS RECEIVED FOR IMPROVEMENT PROJECT NO. 1994 -25, PEDESTRIAN BRIDGE REPAIRS AT GARDEN CITY PARK AND AT COUNTY ROAD 10 AND SHINGLE CREEK PARKWAY The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. Ii 8/8/94 -3- i RESOLUTION NO. 94 -165 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR IMPROVEMENT PROJECT NO. 1994 -20, WATERMAIN REPAIR AT I -94 AND DUPONT AVENUE NORTH (CONTRACT 1994 -K) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 94 -166 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1994 -26, PLAYGROUND EQUIPMENT REPLACEMENT AT LIONS, ORCHARD LANE AND FIREHOUSE PARK, MAKING AN APPROPRIATION, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 94 -167 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT, APPROVING PLANS AND SPECIFICATIONS, DIRECTING ADVERTISEMENT FOR BIDS AND APPROPRIATING FUNDS FOR ADA TRAIL, CURB CUT, AND PEDESTRIAN RAMP IMPROVEMENTS (IMPROVEMENT PROJECT NO. 1994 -15), AND 1994 SIDEWALK REPLACEMENT - MISCELLANEOUS LOCATIONS (IMPROVEMENT PROJECT NO. 1994 -23), CONTRACT 1994 -M The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 94 -168 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 08/08/94) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 8/8/94 -4- RESOLUTION NO. 94 -169 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ACCEPTANCE OF A HIGHWAY SAFETY GRANT IN THE AMOUNT OF $1,000 FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY AND AMENDING THE 1994 GENERAL FUND BUDGET ACCORDINGLY The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. PERFORMANCE BOND RELEASE /REDUCTION There was a motion by Councilmember Mann and seconded by Councilmember Scott to approve the Performance Bond Release/Reduction for 50's Grill, 5524 Brooklyn Boulevard, as presented. The motion passed unanimously. LICENSES There was a motion by Councilmember Mann and seconded by Councilmember Scott to approve the following list of licenses: AMUSEMENT DEVICES - OPERATOR Davanni's 5937 Summit Drive Nickels and Dimes, Inc. 1328 Brookdale Center AMUSEMENT DEVICES - VENDOR CDL 1317 North Highway 169 Mendota Valley Amusement, Inc. 9177 E. Courthouse Blvd. Ct. GARBAGE AND REFUSE COLLECTION VEHICLES Woodlake Sanitation Service 9813 Flying Cloud Drive MECHANICAL SYSTEMS Dependable Indoor Air Quality, Inc. 2619 Coon Rapids Boulevard Doody Mechanical, Inc. 520 Front Avenue Northwestern Service, Inc. 791 Hampden Avenue Peterson- Pinney, Inc. 4151 Coon Rapids Boulevard Practical Systems 14226 Norden Drive RENTAL DWELLINGS Initial: Evangelical Lutheran Church of the Master Brookdale Manor Renewal: Randy McGovern 5830 Admiral Lane Craig Scherber 907 57th Avenue N. 8/8/94 -5 - TOBACCO RELATED PRODUCTS Freddy's Snacks Plus 6245 Brooklyn Boulevard The motion passed unanimously. PRESENTATION Susie Palmer of the Minnesota Department of Public Safety announced an award to the City of Brooklyn Center in regard to traffic safety. She introduced Jim Downey of the National Highway Traffic Safety Administration, who presented a plaque in recognition of the accomplishments of the Police Chief and the police department. Mr. Downey stated Brooklyn Center is one of five Minnesota communities selected to receive this award. The Police Chief accepted, on behalf of the police department, the plaque commemorating the award. He commented Sgt. Roth was present also as he is involved in the effort of traffic safety. He also stated the award would be an encouragement to the police officers to continue their fine effort in this regard. Mayor Paulson expressed appreciation for the work of the police department which led to the award. APPROVAL OF MINUTES - CONTINUED JULY 11, 1994 - REGULAR SESSION There was a motion by Councilmember Mann and seconded by Councilmember Scott to approve the minutes of July 11, 1994, regular session as printed. The motion passed unanimously. JULY 18, 1994 - SPECIAL WORK SESSION There was a motion by Councilmember Scott and seconded by Councilmember Mann to approve the minutes of July 18, 1994, special work session as printed. The motion passed unanimously. There was an announcement Council would adjourn to executive session following tonight's meeting. DISCUSSION ITEMS NLC ACTION ALERT ON ANTI -CRIME ANTI - MANDATE AND SENATE TELECOMMUNICATIONS LEGISLATION The City Manager stated a notice was sent by National League of Cities (NLC) asking for attention by the City to press for positive voting on current federal legislation on three issues. He noted if Council agrees with the legislation it could request Staff to prepare a letter of support for the Mayor's signature. 8/8/94 -6- Councilmember Mann agreed it would be appropriate to send a response, noting too often federal mandates are issued and municipalities do not have the funds available to carry them out. She said she did not, however, support the anti -crime portion of the legislation. Councilmember Scott also agreed with the recommendation to send a response but questioned whether there is adequate time, since Congress adjourns August 12, 1994. The City Manager said contact could be made quickly either by phone or facsimile. Mayor Paulson asked to which part of the legislation Councilmember Mann objects. Councilmember Mann said she could not support the ban on assault weapons but would agree to the issuance of a letter if that issue were deleted. Mayor Paulson asked whether Council could have information regarding the nine weapons referred to in the legislation. The City Manager said the information could be obtained, but he assumed the weapons specified were automatic rather than typical hunting rifles. There was a motion by Councilmember Scott and seconded by Councilmember Mann to issue a response regarding support of the anti - mandate and Senate telecommunications legislations. The motion passed unanimously. PILOT PROJECT DISCUSSION REQUEST FROM COUNCILMEMBER ROSENE FOR PUBLIC CALL -IN LINE There was a motion by Councilmember Scott and seconded by Councilmember Mann to table discussion on this item until a future Council meeting. CONSIDERATION OF PUBLIC NUISANCES AT 4746 LAKEVIEW AVENUE NORTH The City Manager reviewed the plan to begin legal proceedings against the property owner. Councilmember Scott commented there has been an ongoing problem with this property for 18 or 19 years which comes before the Council every two to three years. She asked whether any change can be made to ordinances to make them more effective, thereby alleviating the problem altogether. The City Manager did not believe any modification of the ordinance is called for. He said this step will begin the process to take the matter to district court. He added a similar resolution was passed four or five years ago and the City cleaned up the property. Since that time, the property has gradually returned to its current state. He is hopeful this action may lead to final resolution of the matter, although it cannot be guaranteed. Councilmember Scott asked whether it would be legal to present the court with information outlining the background of the concern. The City Manager said that would be acceptable. He hopes the court might take a custodial approach at this time. 8/8/94 -7- The City Attorney commented notice was sent to the property owner affording him opportunity to be present at this meeting. It was noted the owner, Leonard Martin, was not present at the August 8, 1994, City Council meeting. The City Manager presented a Resolution Ordering the Abatement of Public Nuisances, Safety and Health Hazards and Building and Maintenance and Other Ordinance Violations with Respect to that Real Estate Located at 4746 Lakeview Avenue North, Legally Described as the West 15 Feet of the East 1/2 of Lots 7 and 8; West 1/2 of Lots 7 and 8, Block 2, "Lakebreeze Addition ", in the City of Brooklyn Center, Hennepin County, Minnesota. RESOLUTION NO. 94 -170 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ORDERING THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS AND BUILDING AND MAINTENANCE AND OTHER ORDINANCE VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 4746 LAKEVIEW AVENUE NORTH, LEGALLY DESCRIBED AS THE WEST 15 FEET OF THE EAST 1/2 OF LOTS 7 AND 8; WEST 1/2 OF LOTS 7 AND 8, BLOCK 2, "LAKEBREEZE ADDITION ", IN THE CITY OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. TASK FORCE - CRYSTAL ROBBINSDALE AND BROOKLYN CENTER REGARDING THE USE OF THE TWIN LAKES IN THE THREE CITIES The City Manager stated he has met with city managers from Crystal and Robbinsdale and the three have agreed an effort should be made to work together toward more consistent water regulation. Staff is interested in having a task force address the issue. He recommended Council approve the creation of a task force. Councilmember Scott mentioned a similar attempt at water regulation was made 15 years ago. However, at that time the City of Crystal appeared uncooperative. She appreciates the City of Crystal's apparent effort to be a "good neighbor." Councilmember Mann commented she agrees with steps being taken toward lake regulations as there has been a public safety concern. 8/8/94 - 8 - There was a motion by Councilmember Mann and seconded by Councilmember Scott to support the creation of a task force involving the cities of Crystal, Robbinsdale, and Brooklyn Center in regard to Twin Lakes. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Mann to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 7:20 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Barb Collman TimeSaver Off Site Secretarial i f 8/8/94 -9-