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HomeMy WebLinkAbout1991 03-11 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 MARCH 11, 1991 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Pro tem Celia Scott at 7:02 p.m. ROLL CALL Mayor Pro tern Celia Scott, Councilmembers Jerry Pedlar, Dave Rosene, and Philip Cohen. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, and Council Secretary Ann Odden. Assistant EDA Coordinator Tom Bublitz arrived at 7:25 p.m. Mayor Todd Paulson was absent. FLAG CEREMONYANVOCATION Members of Girl Scout Troop #392 were in attendance at the Council meeting and led the group in the Pledge of Allegiance after presenting a traditional flag ceremony. Blaine Fluth offered the invocation. OPEN FORUM Mayor Pro tern Scott noted the Council had not received any requests to use the open forum session this evening. She inquired if there was anyone present who wished to address the Council. There being none, she continued with the regular agenda items. COUNCIL REPORTS Councilmember Rosene commented while he had been at the State Capitol lobbying, he took the opportunity to speak to State Representatives Ken Nelson and Bill Schreiber in regard to the proposed flat property tax rate. He noted he had stated the City's position on the issue, which was opposition to the proposed tax. The City Manager introduced new police officers Frank Roth, Dave Tombers, and Joel Brown to the Council. 3/11/91 I The City Manager announced awards were to be presented to Barbara Sexton, David Ault, and Benjamin Chatelle for their years of service to the Charter Commission. Mayor Pro tem Scott and Ed Commers, Chairman of the Charter Commission presented the awards. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Pro tem Scott inquired if there were any requests to remove any item from the consent agenda. Councilmember Rosene requested items 12b, 12c, and 12d be removed from the consent agenda. APPROVAL OF MINUTES - FEBRUARY 25, 1991 - REGULAR SESSION There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to approve the minutes of the February 25, 1991, regular session. The motion passed unanimously. MARCH 4, 1991 - SPECIAL SESSION There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to approve the minutes of the March 4, 1991, special session. The motion passed unanimously. PROCLAMATIONS GIRL SCOUT WEEK, MARCH 10-16,1991 There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to approve a Proclamation Declaring the Week of March 10 -16, 1991, as Girl Scout Week. The motion passed unanimously. NATIONAL MIDDLE LEVEL EDUCATION WEEK MARCH 17-23,1991 There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to approve a Proclamation Declaring the Week of March 17 -23, 1991, as National Middle Level Education Week. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 91 -68 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION AMENDING 1991 PAY PLAN TO REFLECT ADJUSTMENTS MADE TO THE 1991 GENERAL FUND BUDGET 3/11/91 -2- The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -69 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED AMENDMENT TO THE CITY OF BROOKLYN CENTER'S YEAR XVI URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT 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 -70 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION APPROVING PURCHASE AGREEMENTS FOR THE 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 -71 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE 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 -72 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE PURCHASE OF ONE (1) 33,000 GVW CAB /CHASSIS WITH BOX AND HYDRAULICS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -73 Member Philip Cohen introduced the following resolution and moved its adoption: 3/11/91 - 3 - RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE PURCHASE OF ONE (1) HEAVY DUTY 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 -74 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE PURCHASE OF ONE (1) 4 -WHEEL DRIVE PICKUP TRUCK The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -75 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS AND AUTHORIZING THE PURCHASE OF ONE (1) MOBILE CONCESSION TRAILER The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. LICENSES There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to approve the following list of licenses: AMUSEMENT DEVICE - OPERATOR American Amusement Arcades 850 Decatur Ave. N. Holiday Inn 2200 Freeway Blvd. FOOD ESTABLISHMENT Arby's 1971 1341 Brookdale Center Baskin Robbins - 31 Flavors 1277 Brookdale Center Brookdale Assembly of God 6030 Xerxes Ave. N. Brookdale Assembly of God Daycare 6030 Xerxes Ave. N. Brookdale Cinema 5801 John Martin Dr. Brookdale Covenant Church 5139 Brooklyn Blvd. Brookdale Unocal 5710 Xerxes Ave. N. 3/11/91 -4- FOOD ESTABLISHMENT Continued Brooklyn Center American Little League 7709 Colfax Ave. N. Iten Field 60th and Xerxes Brooklyn Center Athletic Boosters 5620 Humboldt Ave. N. Brooklyn Center Church of the Nazarene 501 - 73rd Ave. N. Brooklyn Ctr. Community Ctr. 6301 Shingle Creek Pky. Brooklyn Ctr. High School 6500 Humboldt Ave. N. Brooklyn Ctr. National Little League 5312 N. Lilac Dr. Centerbrook Golf Course 5500 N. Lilac Dr. Community Emergency Assistance Program 7231 Brooklyn Blvd. Country Club Market 5715 Morgan Ave. N. Cross of Glory Lutheran Church 5929 Brooklyn Blvd. Davanni's 5937 Summit Dr. Day's Inn 1501 Freeway Blvd. Earle Brown Bowl 6440 James Circle Earle Brown Element. School 5900 Humboldt Ave. N. Econo Lodge 6445 James Circle Evergreen Pk. Element. School 7020 Dupont Ave. N. Fanny Farmer Candy Shops 1236 Brookdale Center Glico Harmony Foods Corp. 719 Swift Street Sears 1297 Brookdale Center Hickory Farms Brookdale Mall Ind. School Dist. No. 279 7020 Perry Ave. N. Inn On the Farm 6155 Earle Brown Dr. Jerry's NewMarket 5801 Xerxes Ave. N. Lutheran Church of the Master 1200 69th Ave. N. Northport Element. School 5421 Brooklyn Blvd. Pizza Hut, Inc. 6000 Shingle Crk. Pky. Pizza Hut, Inc. 5806 Xerxes Ave. N. Red Lobster Restaurant 7235 Brooklyn Blvd. St. Alphonsus Church 7025 Halifax Ave. N. Subway 1345 Brookdale Mall Superamerica Serv. Stn. #58 1901 57th Ave. N. Superamerica Serv. Stn. #4160 6545 W. River Road 3/11/91 - 5 - FOOD ESTABLISHMENT (Continued) Taco Bell 1150 Brookdale Center Taco Bell #3378 5532 Brooklyn Blvd. Willow Lane PTA 7020 Perry Ave. N. Willow Lane School 7020 Perry Ave. N. NONPERISHABLE VENDING MACHINES A & J Enterprises 6843 Washington Ave. S. Hoffman Engineering 6530 James Ave. N. J. C. Penney 1265 Brookdale Center Principal Financial 6160 Shingle Creek Pky. Ryan Management 6160 & 6200 Shingle Ck. Pky. Bob Ryan Oldsmobile 6700 Brooklyn Blvd. Maranatha Cons. Baptist Home 5401 - 69th Ave. N. PERISHABLE VENDING MACHINES A & J Enterprises 6843 Washington Ave. S. Hoffman Engineering 6530 James Ave. N. J. C. Penney 1265 Brookdale Center Ryan Management 6160 & 6200 Shingle Ck. Pky. Bob Ryan Oldsmobile 6700 Brooklyn Blvd. Jimmy Jingle 1304 E. Lake St. Builder's Square 3600 63rd Ave. N. Fingerhut Telemarketing 6860 Shingle Crk. Pky. Palmer Lake Plaza 6860 Shingle Crk. Pky. TCR Corporation 1600 - 67th Ave. N. North Star Dodge 6800 Brooklyn Blvd. Maranatha Cons. Baptist Home 5401 69th Ave. N. SPECIAL FOOD HANDLING ESTABLISHMENT Children's Palace #81 5900 Shingle Crk. Pky. Mr. Movies 1964 - 57th Ave. N. SWIMMING POOLS Brooklyn Center Comm. Ctr. 6301 Shingle Crk. Pky. The motion passed unanimously. ORDINANCE The City Manager noted a public hearing was required for the second reading of 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 staff recommended approval of this item. 3/11/91 - 6- Mayor Pro tem Scott opened the meeting for the purpose of a public hearing on 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 at 7:16 p.m. She inquired if there was anyone present who wished to address the Council. No one appeared to speak, and she entertained a motion to close the public hearing. There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to close the public hearing at 7:16 p.m. The motion passed unanimously. ORDINANCE NO. 91 -02 Member Jerry Pedlar introduced the following ordinance and moved its adoption: 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 The motion for the adoption of the foregoing ordinance was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTIONS (CONTINUED) RESOLUTION NO. 91 -76 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DAVID AULT The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion assed unanimously. Y RESOLUTION NO. 91 -77 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF BENJAMIN CHATELLE The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. 3/11/91 -7- RESOLUTION NO. 91 -78 Member Jerry dlar introduced the following resolution r and moved its adoption: ado �'Y g p RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF BARBARA SEXTON The motion for the adoption of the foregoing resolution was duly seconded by Member Dave Rosene, and the motion passed unanimously. DISCUSSION ITEMS HUMBOLDT /CAMDEN TASK FORCE IMPLEMENTATION PLAN The City Manager briefly reviewed this item, noting the Finding #2, Recommendation 1 section referring to action in the Humboldt /Camden Task Force Implementation Plan had been modified at the request of the Council. Councilmember Cohen noted he had originally requested the change and that the wording was satisfactory as modified. Mayor Pro tem. Scott thanked the City Manager for his attention to this item. There was a motion by Councilmember Cohen and seconded by Councilmember Rosene to approve the proposed modification to the Implementation Plan. The motion passed unanimously. LEGISLATIVE UPDATE The City Manager reported Mayor Paulson, Councilmember Cohen and himself had attended a legislative hearing in the city of Crystal regarding the inequitable shift in tax dollars proposed. Mayor Paulson testified to oppose this change, and the consensus was that certain cities had been unfairly singled out for reduction in tax dollars. The City Manager reviewed a memo to the City Engineers Association of Minnesota (CEAM) from the City of Savage in regard to transportation funding. It noted Motor Vehicle Excise Tax (MVET) funds had been transferred from the Highway Trust Fund into the State's general fund and contained information regarding the legality of this move. The memo included a survey form prepared by the Minnesota Transportation Alliance (MTA) which requested cities to respond in regard to pursuing the matter. The City Manager indicated staff had drafted responses to the survey questions, and he requested Council input regarding the proposed responses. Councilmember Cohen reported he had attended a meeting regarding this item and stated the two issues under consideration were whether the transferring of MVET dollars should be challenged by a lawsuit or whether the issue should be put on the ballot as a possible constitutional amendment. He indicated there appeared to be some legal basis for either 3/11/91 -8- action, although he opposed the prospect of challenging the constitutionality of the action. He felt to do so would not be a wise use of time or finances and felt it was important to pursue other sources of funding highway improvements. The Director of Public Works commented staff concurred with Councilmember Cohen's views regarding the inadvisability of proceeding with a lawsuit against the State. Mayor Pro tem Scott questioned how the loss of state aid would affect the City in terms of financing City projects. The Director of Public Works responded that current projects would proceed as planned; however, there would be less financing available for future projects. Councilmember Rosene questioned an item in the survey regarding removing funding subsidies for alternative fuels. The Director of Public Works stated the City's proposed agreement with this survey question did not indicate lack of support for alternative fuels; rather, that the issue was due to be addressed separately through pending legislation. The City Manager suggested the Council qualify certain questionnaire answers by attaching a memo. In regard to the alternative fuel question, he indicated staff could state that if the situation changes, the City would object to the loss of funding on that item, as it supported alternative fuels. The Council concurred with this suggestion. In response to Councilmember Pedlar's question, the City Manager explained that stability in funding sources was requested to insure money would be available to complete projects started. There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene authorizing staff to return the questionnaire with the recommended amendments as discussed. The motion passed unanimously. RESOLUTIONS (CONTINUED) RESOLUTION NO. 91 -79 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION COMMENDING VARIOUS CITY DEPARTMENTS FOR OUTSTANDING ACHIEVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. 3/11/91 - 9- RESOLUTION NO. 91 -80 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION TO THE MINNESOTA STATE LEGISLATURE OPPOSING THE CAPPING OF THE FISCAL DISPARITIES POOL AT 1991 LEVELS The Council briefly discussed this item, and concurred to send copies of the resolution to the North Metro Mayors Association, the Association of Metropolitan Municipalities (AMM) and the State Legislature. The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -81 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PUBLIC UTILITIES FUND TO PURCHASE A LEASED VEHICLE FOR THE CITY MANAGER'S USE The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Rosene and seconded by Councilmember Cohen to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 7:48 p.m. Deputy City ClerkJ Mayor Recorded and transcribed by: Ann J. Odden Northern Counties Secretarial Service 3/11/91 - 10-