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-