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HomeMy WebLinkAbout1992 04-27 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 APRIL 27, 1992 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7:16 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen. Also present were City Manager Gerald Splinter, Director of Recreation Arnie Mavis, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, and Council Secretary Carla Wirth. The location of the meeting was changed due to an evacuation order by the City police department. A citizen brought into the police station, a box of old, unstable dynamite. The meeting was moved to the Community Center. OPEN FORUM Mayor Paulson noted Dean Nyquist has requested to use the open forum session this evening. Dean Nyquist, 5701 June Avenue, explained he would like to address volunteerism at the Council's May 11, 1992, meeting. He inquired if there was anyone else present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS There were no Council reports. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmembers requested any items be removed from the consent agenda. No requests were made. 4/27/92 - 1 PROCLAMATION Member Celia Scott introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING MAY, 1992 AS ARBOR MONTH IN BROOKLYN CENTER The motion for adoption of the foregoing proclamation was duly seconded by member Jerry Pedlar. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 92 -90 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTIONESTABLISHING IMPROVEMENTPROJECTNO.1992 -12, PURCHASE OF PROPERTY AT 4100 51ST AVENUE NORTH, APPROPRIATING FUNDS THEREFORE, AND AUTHORIZING CITY MANAGER TO NEGOTIATE FOR THE PURCHASE THEREOF The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar. The motion passed unanimously. RESOLUTION NO. 92 -91 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL TO CONVERT ELECTRICAL SERVICE LINES FROM OVERHEAD TO UNDERGROUND, 69TH AVENUE RECONSTRUCTION IMPROVEMENT PROJECT NO. 1990 -10 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar. The motion passed unanimously. RESOLUTION NO. 92 -92 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION TO AUTHORIZE ENTERING INTO A CHECK COLLECTION AGREEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar. The motion passed unanimously. 4/27/92 -2- RESOLUTION NO. 92 -93 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION TO COMMEND LOGIS FOR WINNING A HIGH - TECHNOLOGY AWARD FOR LONG TERM COST SAVINGS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar. The motion passed unanimously. RESOLUTION NO. 92 -94 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTES AND AUTHORIZING THE PURCHASE OF 1,200 FEET OF FIRE HOSE The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar. The motion passed unanimously. RESOLUTION NO. 92 -95 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTES AND AUTHORIZING THE PURCHASE OF 20 SCOTT AIR TANKS FOR THE SELF - CONTAINED BREATHING APPARATUS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar. The motion passed unanimously. RESOLUTION NO. 92 -96 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT NO. P.W. 22 -02 -92 WITH HENNEPIN COUNTY, PROVIDING FOR COST PARTICIPATION IN THE REVISION OF TRAFFIC CONTROL SIGNAL SYSTEM AT BROOKLYN BOULEVARD AND 69TH AVENUE The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar. The motion passed unanimously. RESOLUTION NO. 92 -97 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS AND AUTHORIZING PURCHASE OF ONE (1) EXTENDED BODY MINI PASSENGER VAN The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar. The motion passed unanimously. 4/27/92 -3- RESOLUTION NO. 92 -98 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY ON LYNBROOK BOWL AND AMENDING THE 1991 BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar. The motion passed unanimously. RESOLUTION NO. 92 -99 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING SUBDIVISION 11 OF RESOLUTION NO. 91 -115 REGARDING FINANCIAL TASK FORCE TERM The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar. The motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the following list of licenses: BULK VENDOR Curtis Products 2516 Dodds Avenue FOOD ESTABLISHMENT B.C. American Little League 7224 Indiana Avenue N. MN Korean Evan. United Meth. Church 6830 Quail Avenue N. Spiritual Life Ministries 6500 Shingle Creek Parkway Wes' Amoco 6044 Brooklyn Boulevard ITINERANT FOOD ESTABLISHMENT Twin Lake North Apartments 4539 58th Avenue N. MECHANICAL SYSTEMS Air Corp., Inc. 4088 83rd Avenue N. Allan Mechanical, Inc. 6020 Culligan Way Anderson Heating and A/C 4347 Central Avenue NE Brady Mechanical Services, Inc. 3075 C Spruce Street Centaire, Inc. 7402 Washington Avenue S. Louis DeGidio, Inc. 6501 Cedar Avenue S. Egan & Sons Company 7100 Medicine Lake Road Harris Mechanical Contracting Co. 2300 Territorial Road 4/27/92 -4- Metropolitan Mechanical Contractors 7340 Washington Avenue S. Midwest Equipment Co., Inc. 300 West University Modern Heating and A/C, Inc. 2318 First Street NE O'Keefe Mechanical 7251 Washington Avenue S. Owens Services Corporation 930 East 80th Street R & S Heating and A/C 21357 Hemlock Avenue E.A.H. Schmidt and Associates 3245 Winpark Drive Standard and A/C Co. 410 West Lake Street Thermex Corporation 4850 Park Clen Road MOTOR VEHICLE DEALERSHIP Brookdale Ford, Inc. 2500 County Road 10 RENTAL DWELLINGS Initial: Biorn and Barbara Carson 6331, 6401, 25 Beard Avenue N. Donald J. Sisco 5543 Judy Lane Renewal: Earle Brown Farm Apartments 1701 -1707 69th Avenue N. Northport Properties 5401 Brooklyn Boulevard Eugene Hanauska 6538 Brooklyn Boulevard Keith and Jane Olson 4107 Janet Lane Ramoodit and Fazee Kimal 6913 Morgan Avenue N. JRJ Properties 6825 -27 Noble Avenue N. William and Linda Bjerke 3614 -16 50th Avenue N. Selwin and Odelia Ortega 610 53rd Avenue N. Kim McDonough 4703 68th Avenue N. Leota Spalla 5364 72nd Circle N. John and Mi Inselman 1013 73rd Avenue N. SIGN HANGER Arrow Sign Co. 18607 Highway 65 NE Lawrence Signs, Inc. 945 Pierce Butler Route Naegele Outdoor Advertising Co. 1700 West 78th Street SPECIAL FOOD HANDLING ESTABLISHMENT Bizmart 5951 Earle Brown Drive SWIMMING POOL Brookwood Estates 6201 N. Lilac Drive Moorwood Townhouses 5839 Shores Drive NW Racquet, Swim and Health Clubs 4001 Lakebreeze Avenue Timber Ridge Apartments 6507 Camden Avenue N. The motion passed unanimously. 4/27/92 -5 - APPROVAL OF MINUTES APRIL 13, 1992 - REGULAR SESSION There was a motion by Councilmember Rosene and seconded by Councilmember Cohen to approve the minutes of April 13, 1992, regular session as printed. Vote: Three ayes, two abstain. The motion passed. Councilmembers Pedlar and Scott abstained from voting. PLANNING COMMISSION APPLICATION NO. 92007 SUBMITTED BY BUDGETEL The City Manager reported the applicant has requested this item be tabled. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to table consideration of Planning Commission application No. 92007 at the applicant's request. The motion passed unanimously. DISCUSSION ITEMS STAFF RECOMMENDATION TO ESTABLISH FEES FOR PROCESSING FINAL PLATS AND FOR VACATION OF STREETS, ALLEYS OR EASEMENTS The City Manager explained staff was directed to prepare an ordinance amendment and resolution for Council consideration which provides for a separate final plat fee as well as establishing fee for vacation of streets alleys, s y, or easements Due to the City's present financial situation, Councilmember Scott indicated she supported raising these fees to cover the City's cost to process the applications. Regarding vacation of easements, Councilmember Rosene pointed out some residents may feel they are doing the City a favor by granting an easement, and may find it offensive that they will be charged a fee to do so. The City Manager stated he will document the City's cost for publication, etc. so residents know what costs are involved for the City. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to direct staff to prepare an ordinance amendment establishing a fee for vacation of streets, alleys, or easements, and to prepare a resolution establishing fees. The motion passed unanimously. REPORT ON STATUS OF CONTRACT FOR RECONSTRUCTION OF 69TH AVENUE The City Manager reported the City has not received notice of any legal action regarding the award of the contract to S.M. Hentges & Sons for the reconstruction of 69th Avenue. Therefore, staff will proceed with the project pending final approval from the State of Minnesota, State Aid division. No Council action was required regarding this item. 4/27/92 -6- COMMUNITY CENTER POOL - LAP LANE POLICY The City Manager explained staff was asked to prepare a lap lane policy for Council consideration. Staff also prepared information indicating the impact of the lap lane policy in affect until February 2, 1992, and the impact of the lap lane policy with the water slide in operation. Councilmember Scott commented after reviewing information submitted by staff, it appears the lap lanes will be in operation as many hours as before the slide was constructed. She commended the Park and Recreation Department and Recreation Director for working out this schedule. However, she was concerned about the Council adopting a formal lap lane policy which may complicate the staff's operation of the community center pool. Mayor Paulson concurred staff has done an excellent job in working out this schedule based on resident's concern and Council's input. He supported the recommendation and felt it would result in higher usage of the pool. Councilmember Cohen was concerned about the Council becoming involved with administrative policy and preferred the Council take action to receive the report and thank those involved in its development. He pointed out if the Council adopts a policy regarding administrative function, the policy would need to come back for further Council action if it is changed or adjusted in the future. Councilmember Cohen indicated he regretted the original tone of forum this issue took and apologized for criticism directed towards staff on this issue. Councilmember Rosene indicated this issue was brought forward by a resident, and the Council asked staff to prepare a policy which accommodates as many people as possible, which they did. He wanted to go on record there should not be anything the Council cannot become involved with if a resident brings forward a concern. He also felt it was important that residents know the Council is accountable to address their concerns. Councilmember Rosene stated he supports staff's recommendation. Councilmember Pedlar agreed residents need to be aware they can come to the Council if they have a concern which can not be rectified through staff. He explained his philosophy for participative management where authority is passed through the organization to those who are responsible for the operation. He agreed with Councilmember Cohen's comments it was unfortunate the Council became involved with dialogue about the lap lanes, but Council has the responsibility to listen to resident's concerns and find a resolution. Councilmember Pedlar felt the Recreation Director needs the ability to make changes in this policy, and he would not want to consider adoption of a resolution which would inhibit staff's ability to operate on a day -to -day basis. 4/27/92 -7- Mayor Paulson supported adoption of a policy which indicates the community pool is for multi -use and then let staff direct the day -to -day operation. He added that while he does not want to constrict staff, he feels it is the Council's duty to determine usage of public funds and facilities and then empower staff to move forward. Councilmember Pedlar felt the lap lane issue had been thoroughly discussed. He agreed with adoption of a policy endorsing a multi -use pool. Councilmember Pedlar pointed out there are some dedicated pool times for swim club sessions, swimming lessons, etc. There was a motion by Councilmember Rosene and seconded by Councilmember Cohen to adopt a policy indicating the Community Center pool shall be a multi -use pool. The motion passed unanimously. There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to accept staff's report on the Community Center pool lap lane policy and impact tables. The motion passed unanimously. WATER SLIDE GRAND OPENING The Recreation Director announced a grand opening for the water slide will be held on Sunday, May 17, 1992, at noon. In response to questions from Councilmember Rosene, the Recreation Director indicated the locker keys should be kept on the front of swimming suits to avoid damage to the water slide. He then reviewed the number of people using the pool which reflected three times the usage over last year. The Recreation Director reported he has received many favorable comments from residents about the water slide. Staff will be addressing ways to recycle the plastic wrist bands that are currently being used for admission control. With regard to requiring swimmers to cross the pool area after using the water slide, the Recreation Director explained the State Department of Health requires a dedicated plunge pool. Staff will be looking into the possibility of using a ramp to exit the pool. Councilmember Rosene pointed out adults are able to use the City's water slide holding young children, which is not allowed at other water slides. The Recreation Director agreed more families are using the water slide with their children. The City Manager explained staff will be compiling a list of concerns and issues regarding pool usage which can be reviewed and addressed. LEGISLATIVE UPDATE The City Manager reviewed State legislative impacts on the 1992 budget which may amount to $70,000 to $100,000. The General Fund will be impacted by $50,000 to $75,000 since the 6.5% sales .tax has been extended to purchases made by municipalities. He reported on elimination of levy limits and indicated staff anticipates further reduction in state aid in the 4/27/92 -8- next two years so prioritization in 1993 and 1994 will be important. With regard to truth in taxation, the City Manager indicated staff will prepare a new schedule for the Council's consideration. Councilmember Cohen indicated he will prepare a detailed report on bills which will affect Brooklyn Center for Council's consideration at the next meeting. He suggested Council consider presenting resolutions of appreciation to legislators who were instrumental in passage of special legislation on behalf of the City. It was noted Senator Luther and Representative Carruthers will attend the May 11, 1992, Council meeting. The City Manager suggested a letter of appreciation be prepared for the Mayor's signature. Councilmember Cohen agreed and indicated he will provide pertinent information to the City Manager. In response to Graydon Boeck's question, Councilmember Cohen reported on the elimination of the levy limit which would allow cities to raise taxes to cover budget shortfalls. He felt the Financial Task Force should address the possibility that LGA may be eliminated in the next two years. JOINT MEETING WITH CITY OF BROOKLYN PARK The City Manager indicated the City of Brooklyn Park has prepared an outline of the discussion held at their joint meeting and asked the Council to review it and concur or modify the suggested actions and activities. He felt the next step would be to determine key participants and schedule a second joint meeting including realtors, apartment owners, etc. Staff could then prepare an implementation plan for the Council's consideration. Councilmember Pedlar expressed support of a joint effort between Brooklyn Center and Brooklyn Park, and to move forward with the recommendations by developing a committee. He commended staff for their work and suggested they contact Brooklyn Park to schedule another meeting. Councilmember Cohen concurred and suggested the meeting be held on a non - Council meeting night. Mayor Paulson reported on a conversation he had with Brooklyn Park Councilmember Fees regarding a summit where all transit entities can meet to discuss transit issues which can then be taken back to their respective groups and organizations for further input. Councilmember Cohen asked what action has been taken with suggestions made at the previous meeting, such as the suggestion to obtain funding to subsidize taxi service for people with transportation needs. Mayor Paulson responded MTC discussions have been more along the lines of looking at how to meet the needs of individual communities, not subsidizing taxi service. 4/27/92 -9- There was a motion by Councilmember Scott and seconded by Councilmember Rosene to direct the City Manager to work with the City of Brooklyn Park to move forward with actions and activities indicated in their memorandum and to schedule another joint meeting later in the year on a non - Council evening. The motion passed unanimously. HRG 1991 RECYCLING ACCOMPLISHMENTS AND 1992 GOALS The City Manager reported the recycling contractor is operating very well and responds quickly to any complaints received. Also, recycling charges in Brooklyn. Center are among the lowest in the area. The City Manager reported the City is seeing a significant increase in recycling and we are making steady progress. Councilmember Rosene supported increasing curbside recycling to include the collection of magazines and mixed paper, and for new recycling efforts at municipal buildings. He questioned the percentage of those recycling. The City Manager stated he felt it was 80% to 85% but would confirm this figure for the Council. At Councilmember Cohen's request, the City Manager stated he will research commercial and gas station recycling. Councilmember Rosene indicated he participated in Clean Up Day and was surprised at the large number of plastic bags and styrofoam collected around the pond by City Hall. The City Manager reported polystyrene is collected at the City Hall through a joint contract with three other cities. It was noted the Rotary Club will also be cleaning the pond area. Councilmember Pedlar reported hospitals have gone back to using styrofoam due to cost savings and new recycling abilities. He indicated he will provide the City Manager with information on styrofoam recycling. AD HOC COMMITTEE APPOINTMENT CRITERIA AND WATER MANAGEMENT TASK FORCE APPOINTMENTS The City Manager indicated the Council tabled appointment of the Ad Hoc Water Management Plan Task Force to allow further consideration of the format and criteria used in appointing and establishing ad hoc committees. Mayor Paulson reported he would like to eliminate duplication on committees so more residents can become involved. He spoke with John Kalligher about appointment and Mr. Kalligher had indicated he would be amenable to not serving on the Water Management Task Force. Mayor Paulson indicated Bill Siems has expressed an interest so he would like to appoint him in place of Mr. Kalligher. Councilmember Cohen pointed out Jon Perkins also serves an another committee. Mayor Paulson explained he has not had the opportunity to talk with anyone else and felt it was important to complete appointment so the Task Force can begin their work. 4/27/92 -10- The City Manager stressed the importance of retaining some flexibility regarding duplication on committees since some may necessitate appointment of representatives from other committees. After Mayor Paulson reviewed qualifications for membership, Graydon Boeck expressed an interest in appointment to this Task Force. He pointed out, however, that he lives in the same area as Kristin Mann. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to make the following appointments to the Water Management Task Force: Kristin Mann, 5415 East Twin Lake Boulevard; Dan McGroarty, 6312 Orchard Avenue North; Jon Perkins, 3719 72nd Avenue North; Timothy Teas, 7000 Regent Avenue North; Bill Siems, 6206 Colfax Avenue North; Graydon Boeck, 5601 Indiana Avenue; and one more yet to be determined. The motion passed unanimously. Mayor Paulson indicated he would like to see more uniformity with commissions including - their size, appointment procedure, Chair and Vice Chair appointment procedure, etc. Councilmember Cohen stated he felt the Council should be involved with adopting a policy covering appointments. He also asked that staff prepare a map indicating the geographic location of everyone currently serving on committees. The Council can then assure all areas of the City are being represented. Mayor Paulson reported on the book prepared by Mike Braasch, City intern, regarding various committees appointments and vacancies. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to direct staff to prepare information regarding appointments as well as a map indicating location of existing appointees for Council's discussion on appointment philosophy. The motion passed unanimously. Mayor Paulson reported Wally Bernards is not interested in serving as the Planning Commission Chairman, but Barb Kalligher has expressed an interest. He suggested Council consider appointing Barb Kalligher as Planning Commission Chair. There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to appoint Barb Kalligher, 5548 Girard Avenue, as Chair of the Planning Commission. The motion passed unanimously. Mayor Paulson announced he received a letter from Jill Sherntt indicating she can no longer serve on the Planning Commission. Reappointment will be considered at a future meeting. 4/27/92 ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:17 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Carla Wirth Northern Counties Secretarial Services 4/27/92 -12-