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HomeMy WebLinkAbout1991 02-11 CCM Regular Session CORRECTED COPY 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 FEBRUARY 11, 1991 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7:03 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 Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, Assistant Finance Director Charlie Hansen, City Engineer Mark Maloney, EDA Coordinator Brad Hoffman, Assistant EDA Coordinator Tom Bublitz, Personnel Coordinator Geralyn Barone, and Council Secretary Ann Odden. Due to illness, Councilmember Celia Scott left the meeting at 9:45 p.m. OPENING CEREMONIES Mayor Paulson administered the Oath of Office to newly re- elected Councilmember Philip Cohen. Members of the Webelos Boy Scout Pack #403 were in attendance at the Council meeting, as well as the government class from Park Center High School. Helen Jacobsen conducted the invocation. OPEN FORUM Mayor Paulson noted the Council had not received any requests to use the open forum session this evening. COUNCIL REPORTS Mayor Paulson commented on the Council's changed agenda format. He also noted the Council had concurred they would abstain from voting on items they had not been present to discuss. Councilmember Pedlar suggested the Council review and discuss the official City newspaper as a future agenda item. It was his opinion that current news regarding the City was not informative enough. He had heard comments from others in regard to this also. 2/11/91 - 1 - APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if there were any requests to remove any item from the consent agenda. Councilmember Scott requested item 7 be removed from the consent agenda. RESOLUTIONS RESOLUTION NO. 91 -25 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND NORTH HENNEPIN MEDIATION PROJECT The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -26 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1990 -B (1990 DISEASED TREE REMOVAL PROGRAM) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -27 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PURCHASE AGREEMENTS FOR 69TH AVENUE RIGHT -OF -WAY, IMPROVEMENT PROJECT NO. 1990 -10 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -28 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPOINTING COMMISSIONERS TO THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 2/11/91 - 2- RESOLUTION NO. 91 -29 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPOINTING COMMISSIONERS TO THE WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -30 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) 4 -WHEEL DRIVE PICKUP The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -31 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) MAINTENANCE TRACTOR The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -32 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) 33,000 GVW CAB /CHASSIS, BOX AND HYDRAULICS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 2/11/91 - 3 - RESOLUTION NO. 91 -33 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF TWO (2) 3/4 TON PICKUP TRUCKS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -34 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) MOBILE CONCESSION STAND The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -35 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) 1500 GPM PUMPER AND 50 FT. ELEVATED WATERWAY The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -36 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1991 GENERAL FUND BUDGET TO REAPPROPRIATE BCA GRANT MONIES FROM FUND BALANCE The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 2/11/91 -4- RESOLUTION NO. 91 -37 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AWARDING LIQUOR LIABILITY INSURANCE CONTRACT TO THE TRANSCONTINENTAL INSURANCE COMPANY The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -38 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING BHK &R AS THE CITY'S INSURANCE AGENT The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -39 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AWARDING WORKERS' COMPENSATION INSURANCE CONTRACT TO THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST (LMCIT) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -40 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AWARDING BOILER AND MACHINERY INSURANCE CONTRACT TO THE HARTFORD STEAM BOILER INSPECTION AND INSURANCE COMPANY The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -41 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION TO AMEND THE 1990 AND 1991 GENERAL FUND BUDGETS TO CARRY FORWARD UNEXPENDED 1990 FUNDS APPROPRIATED FOR KYLAWN AND NORTHPORT PARKS TRAIL, SECURITY LIGHTING TO THE 1991 BUDGET i 2/11/91 - 5 - The motion for the adoption of the foregoing resolution was duly seconded by member Jerry dlar, and the motion passed unanimously. . P Y RESOLUTION NO. 91 -42 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE WRITE -OFF OF THE BALANCE OF THE EARLE BROWN DAYS COMMITTEE ACCOUNTS RECEIVABLE FOR CONSTITUTION HALL SIGNAGE The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. PERFORMANCE GUARANTEE RELEASE: ETHAN ALLEN FURNITURE STORE, 5939 JOHN MARTIN DRIVE There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to release the Ethan Allen Furniture Store Performance Guarantee in Planning Commission Application No. 89016 as recommended by staff. The motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the following list of licenses: AMUSEMENT DEVICE - VENDOR C.D.L., Inc. 1317 No. Hwy 169 BOWLING ALLEY Lynbrook Bowl, Inc. 6357 No. Lilac Dr. BULK VENDOR Curtis Products, Inc. 2516 Dodds Avenue D & G Vending, Inc. 4313 NE Washington St. CATERING FOOD VEHICLE Bridgeman's 6201 Brooklyn Blvd. CIGARETTE LICENSE -OVER THE COUNTER SALES Applebee's 1347 Brookdale Center C.W.'s Corner 2200 Freeway Blvd. Jerry's New Market 5801 Xerxes Ave. No. Lynbrook Bowl, Inc. 6357 No. Lilac Drive 21 / 1/91 - - 6 FOOD ESTABLISHMENT General Mills Restaurants 1601 James Circle No. dba The Olive Garden GASOLINE SERVICE STATION Brooklyn Srv. Ctr. UNOCAL 76 6901 Brooklyn Blvd. Humboldt Unocal 76 6840 Humboldt Ave. No. Metropolitan Transit Comm. 560 6th Avenue No. U.S. West 150 So. 5th St. Bill West's Srv. Ctr. 2000 57th Ave. No. INSTALL MECHANICAL SYSTEMS LSV Metals, Inc. 6800 Shingle Crk. Pky. NONPERISHABLE VENDING MACHINES American Vending Company P.O. Box 511 Sears Automotive Brookdale Center Apple Automatic Food Svc. 6313 Cambridge St. Royal Business Forms 6840 Shingle Crk. Pky. ARA Services 2830 No. Fairview NWL Insurance Co. 6200 Shingle Crk. Pky. Bro- Midwest Insurance Co. 9110 Grand Ave. So. American Legion 4307 70th Ave. So. Beacon Bowl 6525 Lyndale Ave. No. Days Inn 1501 Freeway Blvd. Pilgrim Cleaners 5748 Brooklyn Blvd. Brooklyn Ctr. Svc. "76" 6245 Brooklyn Blvd. Canteen Company of MN, Inc. 6300 Penn Ave. So. Medtronics 6700 Shingle Crk. Pky. Consumer Vending 2828 Lyndale Ave. So. Target Stores 6701 Parkway Circle Earle Brown Bowl 6440 James Circle Iten Chevrolet Co. 6701 Brooklyn Blvd. Lynbrook Bowl, Inc. 6357 No. Lilac Dr. MN Vikings Food Svc., Inc. 5200 West 74th St. Hennepin Co. Svc. Ctr. 6125 Shingle Crk. Pky. Highway 100 / No. France Health Club 4001 Lakebreeze Ave. No. Schmitt Music 2600 Freeway Blvd. Norcroft, Inc. - City Wide Vending 8833 Jefferson Highway Brooklyn Ctr. High Sch. 6500 Humboldt 2/11/91 - 7- Northern States Power 4501 68th Avenue No. Precision, Inc. 3415 48th Ave. No. Service America Corp. 7490 Central Ave. N.E. Dayton's 1100 Brookdale Center Graco 6820 Shingle Crk. Pky. MTC 6845 Shingle Crk. Pky. Theisen Vending Company 3804 Nicollet Ave. No. Brookdale Ford 2550 County Rd. 10 Budgetel Inn 6415 James Circle Econo Lodge 6445 James Circle Holiday Inn 2200 Freeway Blvd. Bill's W. Svc. Ctr. 2000 57th Ave. No. Twin City Vending Co., Inc. 1065 East Highway 36 Sears 1297 Brookdale Center Woodside Enterprises 11889 65th Ave. No. Brooklyn Ctr. City Hall 6301 Shingle Crk. Pky. Brooklyn Ctr. Police 6301 Shingle Crk. Pky. PERISHABLE VENDING MACHINES American Vending Company P.O. Box 511 Sears Automotive Brookdale Center Apple Automatic Food Svc. 6313 Cambridge St. Royal Business Forms 6840 Shingle Crk. Pky. ARA Services 2830 No. Fairview NWNL Insurance Co. 6200 Shingle Crk. Pky. Bro- Midwest Vending Co. 9110 Grand Ave. So. Beacon Bowl 6525 Lyndale Ave. No. Canteen Co. of MN, Inc. 6300 Penn Ave. So. Medtronics 6700 Shingle Crk. Pky. Consumer Vending 2828 Lyndale Ave. So. Target Stores 6701 Parkway Circle Iten Chevrolet Co. 6701 Brooklyn Blvd. MN Vikings Food Service, Inc. 5200 W. 74th St. Highway 100 / No. France Health Club 4001 Lakebreeze Ave. No. Schmitt Music Co. 2600 Freeway Blvd. Norcroft, Inc. - City Wide Vending 8833 Jefferson Highway Brooklyn Ctr. High Sch. 6500 Humboldt Service America Corp. 7490 Central Ave. N.E. Dayton's 1100 Brookdale Center Graco 6820 Shingle Crk. Pky. MTC 6845 Shingle Crk. Pky. 2/11/91 - 8- Twin City Vending Co., Inc. 1065 East Highway 36 Sears 1297 Brookdale Center POOL AND BILLIARDS TABLES Lynbrook Bowl, Inc. 6357 No. Lilac Dr. PERISHABLE FOOD VEHICLE Bridgeman's 6201 Brooklyn Blvd. SPECIAL FOOD HANDLING EQUIPMENT Adventures in Video 6914 Brooklyn Blvd. Best Products Co., Inc. 5925 Earle Brown Dr. Brooklyn Ctr. Liquor Store #1 1500 69th Ave. No. Brooklyn Ctr. Liquor Store #2 6250 Brooklyn Blvd. Brooklyn Ctr. Liquor Store #3 1966 57th Ave. No. F & M Distributors 5951 Earle Brown Dr. Fun Services, Inc. 3615 50th Ave. No. Kay -Bee Toy & Hobby 1320 Brookdale Center Main Street Video 6800 Humboldt Ave. No. Snyder Brothers Drug 1296 Brookdale Center Total Petroleum, Inc. 6830 Brooklyn Blvd. TAXICAB Suburban Yellow 3555 5th Ave. So. Town Taxi 2500 Washington Ave. No. The motion passed unanimously. APPROVAL OF MINUTES NOVEMBER 19, 1990 - REGULAR SESSION There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to approve the minutes of the November 19, 1990, City Council regular session. Vote: Four ayes. The motion passed. Councilmember Rosene abstained. DECEMBER 3, 1990 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Cohen to approve the minutes of the December 3, 1990, City Council regular session. Vote: Three ayes. The motion passed. Councilmembers Pedlar and Rosene abstained. 2/11/91 - 9- I JANUARY 14, 1991 - REGULAR SESSION There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to approve the minutes of the January 14, 1991 City Council regular session. Vote: Four ayes. The motion passed. Councilmember Cohen abstained. PRESENTATION $6,050,000 GENERAL OBLIGATION TAX INCREMENT BONDS The City Manager presented a Resolution Authorizing and Awarding the Sale of, and Providing the Form, Terms, Covenants and Direction for $6,050,000 G.O. Tax Increment Bonds, Series 1991A, Pledging for the Security Thereof Certain Tax Increments and Authorizing Execution of a Tax Increment Pledge Agreement. He indicated bids had been taken at 11:30 a.m. February 11, 1991, and referred the Mayor and City Councilmembers to the bid information prepared by Springsted, Inc. Mr. Thistle of Springsted, Inc. was present to answer Council questions on the proposed Resolution. He was very pleased with the four bids received, which represented 19 -20 underwriters, and he noted the market was very favorable. He recommended the Council accept the low bid by Dain Bosworth, Inc. at a net interest rate of 5.978 %. RESOLUTION NO. 91 -43 Councilmember Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING AND AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTION FOR $6,050,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1991A, PLEDGING FOR THE SECURITY THEREOF CERTAIN TAX INCREMENT AND AUTHORIZING EXECUTION OF TAX INCREMENT PLEDGE AGREEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. - The City Manager noted staff intended to review other City debts and consider cases where it might be advantageous to re- finance, due to the favorable market conditions. The EDA Coordinator presented the following Resolutions: - -A Resolution Approving a Modified Tax Increment Financing Plan For Tax Increment Financing District No. 02 - -A Resolution Establishing a Date for a Public Hearing on the Modification of Tax Increment District No. 1, Known as the Brookwood Tax Increment District 2/11/91 - 10- He indicated these resolutions represented technical changes which had been previously overlooked, and which needed to be acted upon within 40 days to facilitate closing on the $6,050,000 General Obligation Tax Increment Bonds in Resolution No. 91 -43 in March, 1991. RESOLUTION NO. 91 -44 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING A MODIFIED TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 02 The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 91 -45 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING A DATE FOR A PUBLIC HEARING ON THE MODIFICATION OF TAX INCREMENT DISTRICT NO. 1, KNOWN AS THE BROOKWOOD TAX INCREMENT DISTRICT The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. The EDA Coordinator noted a cap had inadvertently been placed on Tax Increment District No. 1 (Brookwood) which the proposed modification would remove. ORDINANCE The City Manager presented an Ordinance Amending Chapter 18 of the Brooklyn Center Code of Ordinances, Adding New Section 18 -103, Providing for the Issuance of Citations on the Surface of Twin Lakes. He indicated the ordinance would coordinate the law enforcement efforts of Brooklyn Center, Crystal, and Robbinsdale as well as allow non - sworn officers to issue certain types of tickets on Twin Lakes. Councilmember Scott commented she had received several calls supporting the proposed ordinance. There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene to approve for first reading an Ordinance Amending Chapter 18 of the Brooklyn Center Code of Ordinances, and setting a public hearing date of March 11, 1991, at 7:15 p.m. The motion passed unanimously. 2/11/91 PUBLIC HEARING REGARDING THE ABATEMENT OF NUISANCE AND HAZARDOUS CONDITIONS OF REAL ESTATE AT 6842 WEST RIVER ROAD The City Manager requested the Council hold no public hearing at the meeting and take no further action on the matter. He indicated Mr. and Mrs. David Wright Berg had made a significant effort at compliance with the City Order since the notice had been sent out. The Councilmembers concurred no further action was necessary at that time. Mayor Paulson declared the item removed from the agenda. DISCUSSION ITEMS PARK & RECREATION COMMISSION RECOMMENDATION REGARDING SPRING CLEANUP DAY The City Manager noted this item was being presented to the Council for concept approval before staff took any further action. The Personnel Coordinator, who is the staff liaison for the Park and Recreation Commission, provided details of the proposed event for the Council. She indicated the Park & Recreation Commission had been approached with the idea of performing a cleanup similar to the one held in Brooklyn Park. The first annual Brooklyn Center Cleanup Day is tentatively scheduled for 9 a.m. - -12 noon on Saturday, May 4, 1991, and will cover an area near Palmer Lake and a portion of Shingle Creek. She stated a formal proposal would be put on a future Council agenda, and some assistance would be required from the City, in the form of City crews and vehicles. Councilmember Pedlar indicated he supported the idea and volunteered to participate in the project. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve the concept of a Spring Cleanup Day. The motion passed unanimously. Councilmember Cohen requested information on estimates of City costs. The City Manager stated he would provide this. PRIVATE KENNEL LICENSES 6730 DUPONT AVENUE NORTH (INITIAL The City Manager reviewed the staff report on this item for the Council. He noted for the record a telephone call from Jeff Basche, 6724 Dupont Avenue, and a letter from Keith Bufis, 6731 Colfax Avenue in regard to the kennel license request. Both were opposed to granting the license on the grounds the dogs barked loudly and the conditions were frequently unsanitary. I 2/11/91 - 12- Councilmember Rosene questioned whether the license might be granted with certain conditions, such as requiring a higher fence. The City Attorney indicated the Council would be within legal bounds to impose such a condition; however, in the past they had been reluctant to require capital improvements as the license is not guaranteed to be permanent. Councilmember Pedlar indicated it would be beneficial if neighborhood concerns could be worked out among those affected. Councilmember Rosene concurred. Mayor Paulson opened the meeting for the purpose of a public hearing on a private kennel license at 6730 Dupont Avenue North at 7:40 p.m. Mayor Paulson recognized the applicant, Sharon Wiese, and her daughter, Michelle. They stated their dogs were not allowed to bark and were kept confined to their yard. Councilmember Scott noted a police complaint indicated the dogs had been in neighboring yards on at least three different occasions. Mayor Paulson inquired if there were anyone else who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Cohen and seconded by Councilmember Rosene to close the public hearing on a private kennel license at 6730 Dupont Avenue North at 7:47 p.m. The motion passed unanimously. Councilmember Scott requested the applicant to make every effort to ensure the dogs did not disturb the neighbors. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to approve the kennel license for a period of one year, with the requirement that the yard be cleaned more frequently and a license be obtained for the collie. Councilmember Rosene suggested an amendment to the motion requiring one or two unannounced sanitary inspections of the property. Councilmember Cohen and Councilmember Pedlar accepted the amendment to the motion. Vote on amended motion: The motion passed unanimously. 6915 LEE AVENUE NORTH (RECONSIDERATION) The City Manager noted an extension was being requested due to extenuating circumstances. Councilmember Scott noted no complaints had been received at the location in the past year. 2/11/91 - 13 - Mayor Paulson opened the meeting for the purpose of a public hearing on a private kennel license at 6915 Lee Avenue North at 7:52 p.m. Mayor Paulson recognized Diane Baer, the applicant in the case. She indicated an injury at work prevented the dogs' owner from moving them out as planned and requested an extension of the license until July, 1991. The City Manager recommended the extension be granted until September, 1991. Mayor Paulson inquired if there was anyone else who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to close the public hearing on a private kennel license at 6915 Lee Avenue North at 7:54 p.m. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to grant an extension of the private kennel license at 6915 Lee Avenue North until September 1, 1991. The motion passed unanimously. Mayor Paulson questioned whether items such as kennel licenses could be reviewed and acted upon by staff, with appeals coming before the Council. Councilmember Scott noted it might be difficult to determine which staff member would have responsibility for the decision, and that such cases occur infrequently. The City Manager indicated he would look into the matter. DISCUSSION ITEMS (CONTINUED STATUS REPORT REGARDING PLANS FOR REPLACEMENT OF LIFT STATION NO. 2 (AT LYNDALE AVENUE / 55TH AVENUE NORTH) The Director of_ Public Works presented a report regarding the status of plans for this project and of negotiations with the Hennepin Suburban Parks District (HSPD) for the use of park property. He outlined the preliminary design plans developed by Short - Elliott Hendrickson (SEH), which provided for a large structure surrounded by liberal landscaping. He stated a tentative agreement had been reached with the HSPD for the land needed by Brooklyn Center. In exchange for that property, the City would provide HSPD with two parcels of land. In response to Councilmember Scott's question, the Director of Public Works indicated the present station would remain in operation until the new one is constructed. Councilmember Scott indicated the landscaping was adequate for the most part; however, she would prefer to have more screening near the roof line. The City Manager stated this would be given consideration. The plans were preliminary and were scheduled to come before the Council for further review on a future agenda. 2/11/91 - 14- RESOLUTION NO. 91 -46 Member Celia Scott introduced the following resolution and moved its adoption: k RESOLUTION APPROVING AGREEMENT FOR TRANSFER OF PROPERTIES The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 91002 SUBMITTED BY GROUP HEALTH, INC. REQUESTING SITE AND BUILDING PLAN APPROVAL TO MAKE A 1,387 SQUARE FOOT ADDITION TO THE NORTHWEST CORNER OF THE GROUP HEALTH CLINIC AT 6845 LEE AVENUE NORTH The City Manager briefly reviewed the staff report on this agenda item. The Director of Planning and Inspection presented details of the Planning Commission's recommendation for approval of the site plan. The plan exceeded requirements for parking and landscaping. It was noted approval was recommended with six conditions as stated by the Planning Commission, and that no public hearing was required on the matter. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to approve Planning Commission Application No. 91002 submitted by Group Health, Inc., subject to the conditions stated in the minutes of the January 31, 1991, Planning Commission meeting. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:27 p.m. and reconvened at 8:43 p.m. PLANNING COMMISSION APPLICATION NO. 90028 SUBMITTED BY TWIN VIEW DEVELOPMENT, INC. REQUESTING REZONING AND SITE AND BUILDING PLAN APPROVAL TO REZONE FROM 1 -2 TO PUD/R1 AND OPEN SPACE THE 17.5 ACRE PARCEL OF LAND OWNED BY SOO LINE LOCATED WEST OF FRANCE AVENUE NORTH AND SOUTH OF 51ST AVENUE NORTH The City Manager reviewed the Staff report on this item. He requested letters from Carl Grabinski, attorney for the Joslyn Manufacturing Company, Jill M. Sherritt, 5237 Drew Avenue No., Daniel Middlestedt, 5120 East Twin Lake Boulevard, and Ethel Rolek, 3828 Oak Street No. be noted for the record. Mr. Grabinski noted the Joslyn Manufacturing Company was concerned about the proposed development being constructed so close to the Joslyn site. Ms. Sherritt stated she supported the proposed development as she felt that Brooklyn Center was losing population at an alarming rate and new housing could alleviate this. Mr. Middlestedt opposed the proposed rezoning and felt there had not been adequate notice of the 2/11/91 - 15 - CORRECTED COPY hearings pertaining to this item. He stated many residents neighboring the proposed rezoning had indicated they preferred a cul -de -sac at the end of 51st Avenue North instead of connecting the street to East Twin Lake Boulevard. Ms. Rolek indicated she opposed the rezoning also. Included in the staff report on this item was a report from the Southwest Neighborhood Advisory Group recommending approval of the rezoning from I -2 to R -1 if the development plan were revised to meet R -1 lot width requirements. The Director of Planning and Inspection stated the concerns of the residents had been taken into consideration, and a revised site plan by the developer had reduced the number of lots from 29 to 27. He indicated the Planning Commission had recommended approval of Application No. 90028 based upon a number of factors including consistency with adjacent single - family dwellings, appropriate use of open space, the property was unsuitable for commercial or industrial uses, the variances requested were acceptable and the rezoning would be in the best interests of the community. He recommended City acquisition of the two westerly lots as a condition of acceptance of the application, which would effectively reduce the number of lots in the proposed development to 25. He noted Application No. 90028 was contingent on the acceptance of Planning Commission Application No. 90029. PLANNING COMMISSION APPLICATION NO. 90029 SUBMITTED BY TWIN VIEW DEVELOPMENT, INC. REQUESTING PRELIMINARY PLAT APPROVAL TO SUBDIVIDE THE SOO LINE PROPERTY INTO 27 SINGLE - FAMILY LOTS AND TWO OPEN SPACE LOTS The Director of Planning and Inspection noted the Planning Commission had recommended approval of the application subject to the five conditions listed in the staff report, including acquisition of lots 14 and 15 for public purposes. He further recommended the application be continued until the February 25, 1991, City Council meeting. In response to a question by Councilmember Pedlar, the Director of Planning and Inspection noted the value of the homes in the proposed development would be in the $85,000 to $115,000 range. The Director of Public Works noted that if the final plat were approved, the developer would be responsible for the necessary public improvements. He indicated City acquisition of lots 14 and 15 would avoid disruption of the floodplain and disturbance of the wetlands, if the proposed development were approved. He suggested the Council consider having the City pay the additional cost to oversize the storm sewer, a project which would be a benefit to the City and would be overseen by the City Engineer's office. 2/11/91 - 16- I� Councilmember Scott left at 9:45 p.m. Mayor Paulson opened the meeting for the purpose of a public hearing on Planning Commission Application No. 90028 and Planning Commission Application No. 90029 as outlined at 9:48 p.m. He inquired if there was anyone present who wished to address the Council. Mayor Paulson recognized John Johnson, representing the applicant who briefly reviewed the project. He indicated the developer had addressed staff concerns on the project and felt the development would provide high quality and moderately priced homes which would best serve the use of the land. Mayor Paulson noted the receipt of a letter for the record, which was not signed but opposed the development on the grounds that the new traffic pattern would frighten wildlife in the area. Mayor Paulson recognized Dan Middlestedt, 5120 East Twin Lake Boulevard, Charlie Gellerman, Chairman of the Southwest Neighborhood Advisory Group, William Hawes, 3612 53rd Avenue No., Carl Grabinski, attorney for the Joslyn Manufacturing Company, Diane Lerbs, 5107 East Twin Lakes Boulevard, Randy Windsperger, 3847 Oak Street, and Duke Dalrymple, 5142 France Avenue North, who spoke individually on the matter. Mr. Middlestedt reiterated the concerns addressed in his letter to the City regarding insufficient notice of the hearings and stated he opposed the development in question. Mr. Gellerman restated the concerns of the Southwest Neighborhood Advisory Group as listed in the staff report and felt the issue of wetland conservation was given insufficient attention. Mr. Hawes favored keeping the number of lots in the development to a minimum. Mr. Grabinski concurred with the remarks of Mr. Middlestedt and stated he favored delaying the development due to the concerns of his client, the Joslyn Company. The Councilmembers concurred the site needed to be monitored closely for possible contamination regardless of the outcome of the case. Ms. Lerbs stated she opposed the development and discussed the matter at length. She read from a five -page handout which was presented to the Council with a petition from neighbors of the area attached. She felt the proposed development would be too close to the railroad tracks, too close to the highway, too close to the power transformer, and too close to the Joslyn Company. 2/11/91 - 17- Mr. Windsperger expressed concern over tree preservation on the site, and urged the Council to consider adopting a tree preservation ordinance. He volunteered to provide information from other cities in the area regarding their policies on the matter. Mr. Dalrymple noted that trees are important, and felt a developer would be more apt to consider conserving trees. Mr. Johnson addressed some of the concerns raised. He indicated notice requirements for hearings on the matter had been met. In response to the suggestion of a cul -de -sac on 51st Avenue, he stated that to do so would exceed the length preferred and might hamper emergency vehicles. He indicated every other possible use of the land in question had been explored and rejected and felt the development would offer best use of the land. In response to Councilmember Cohen's questions, Mr. Johnson showed overhead slides of representative homes in the proposed development. He indicated he felt there would be a good market for the homes, as new housing within a reasonable proximity of the downtown area is not readily available. Rick Hartman, a representative of the developer, addressed the issue of density for the Council. He indicated the number of lots had been cut by 7% at the request of the Planning Commission and that cutting the number of lots further would make the project financially difficult for the developer. Mr. Gellerman noted he originally opposed the planned development but because the developer had addressed the citizen concerns adequately, he now supported the proposal as the best use of the land. Mayor Paulson noted a number of legal issues had been raised which would need to be addressed before the Council could take further action. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to continue the public hearings on Planning Commission Application Nos. 90028 and 90029 and directing staff to prepare additional documents. Both applications were submitted by Twin View Development, Inc. and both public hearings were continued until the February 25 1991 City Council meeting. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 11:40 p.m. and reconvened at 11:47 p.m. 2/11/91 - 18- DISCUSSION ITEMS (CONTINUED PROPOSED SPECIAL LEGISLATION FOR BROOKLYN CENTER'S HOUSING PROGRAM The City Manager briefly reviewed the staff report on this item. The Assistant EDA Coordinator provided a substitute resolution, which was recommended by staff and offered greater flexibility. RESOLUTION NO. 91 -47 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION RECOMMENDING SPECIAL LEGISLATION TO AUTHORIZE THE USE OF SPECIAL TAX LEVIES TO FUND NEIGHBORHOOD PRESERVATION AND HOUSING PROGRAMS IN THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. MINNESOTA GOVERNMENT DATA PRACTICES ACT The City Manager explained concerns had been raised about the need to limit public access to information in certain cases, specifically providing the public with names, addresses and telephone numbers of p minors involved in the Red Cross bab sittin clinic. baby sitting The Council concurred they would like to bring the matter to the attention of local legislators to solicit their assistance in amending the law to exclude the release of information involving minors. There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar directing staff to work with Representative Carruthers and Senator Luther to address this item. The motion passed unanimously. Councilmember Cohen suggested staff draft a list of issues to be discussed with them. RESPONSE TO MUNICIPAL AID CUTBACKS BY STATE OF MINNESOTA The City Manager reviewed the staff report on this item. The Councilmembers discussed the draft mission statement and concurred that a maximum of seven persons should serve on the Citizens Task Force. There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen to approve the draft mission statement of the Citizens Task Force, to direct the City Manager to prepare a listing of budget modifications which would address the state mandated $146,000 reduction in local government aids, to direct staff to draft a Request 2/11/91 - 19- for Proposal for Consulting Services to the Citizens Task Force and City Council on budget reduction strategies as recommended by staff, and to limit the Citizens Task Force to seven persons. The motion passed unanimously. RESOLUTIONS (CONTINUED) RESOLUTION NO. 91 -48 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING SICK LEAVE AND VACATION BENEFITS FOR A NEW POLICE OFFICER The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -49 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING VACATION LEAVE BENEFITS FOR THE CITY ASSESSOR The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -50 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PROGRAM FOR OFFERING VACCINATIONS TO CERTAIN POLICE, FIRE AND RECREATION EMPLOYEES The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -51 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH STATE OFFICE OF DRUG POLICY The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene and the motion assed unanimously. mousl P Y 2/11/91 - 20- RESOLUTION NO. 91 -52 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS AND AUTHORIZING PURCHASE OF THREE (3) POLICE PATROL SEDANS, ONE (1) D.A.R.E. VAN AND ONE (1) USED LEASE VEHICLE The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTION NO. 91 -53 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING VACATION AND SICK LEAVE BENEFITS FOR CERTAIN EARLE BROWN HERITAGE CENTER EMPLOYEES The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Pedlar, and seconded by Councilmember Cohen to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 12:10 a.m. on February 12, 1991. Deputy City Clerk ayor Recorded and transcribed by: Ann J. Odden Northern Counties Secretarial Service 2/11/91 - 21-