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HomeMy WebLinkAbout1991 05-13 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 MAY 13, 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 7:05 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, Public Works Coordinator Diane Spector, City Engineer Mark Maloney, Assistant EDA Coordinator Tom Bublitz, Personnel Coordinator Geralyn Barone, and Council Secretary Ann Odden. OPENING CEREMONIES Mayor Paulson welcomed students in attendance from Park Center High School. Sharon Van Denbus offered the invocation. OPEN FORUM Mayor Paulson rioted the Council had not received any 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 Councilmember Pedlar indicated a chairperson and vice chairperson needed to be appointed by the Council for the Financial Task Force. There was a motion by Mayor Todd Paulson and seconded by Councilmember Scott to appoint Donn Escher as chairperson of the task force, and Pat Boran as vice chairperson. The motion passed unanimously. Mayor Paulson commented a conference of the League of Minnesota Cities was upcoming, with the City Manager having further details if Councilmembers were interested. 5/13/91 _ 1 _ Councilmember Pedlar thanked all who had participated in the clean -up day, and indicated it had been very successful. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired i fan Y y Councilmembers requested any items be removed from the consent agenda. Mayor Paulson requested item 11c be removed from the agenda. APPROVAL OF MINUTES APRIL 22, 1991 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the minutes of April 22, 1991, regular session as printed. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 91 -129 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS, WATER DISTRIBUTION SYSTEM IMPROVEMENT, IMPROVEMENT PROJECT NO. 1990 -03, CONTRACT 1991 -C The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -130 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR HUMBOLDT AVENUE /65TH AVENUE LANDSCAPING, IMPROVEMENT PROJECT NO. 1991 -03, CONTRACT 1991 -D The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -131 Member Celia Scott introduced the following resolution and moved its adoption: 5/13/91 -2- RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1990 -E, SIGNAL SYSTEM IMPROVEMENTS ON FREEWAY BOULEVARD /65TH AVENUE NORTH, AT SHINGLE CREEK PARKWAY, AT HUMBOLDT AVENUE, AND AT DUPONT AVENUE, IMPROVEMENT PROJECT NOS. 1988-25,1990-11 AND 1990 12 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -132 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT UNDER IMPROVEMENT PROJECT NO. 1990 -20 FOR REPLACEMENT OF BOILER BURNERS FOR HVAC SYSTEM SERVING THE CIVIC CENTER 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 Scott and seconded by Councilmember Pedlar to approve the following list of licenses: AMUSEMENT DEVICES Brooklyn Center Community Center 6301 Shingle Crk. Pky.. CIGARETTE Cole's Gift Shop/Holiday Inn 2200 Freeway Blvd. FOOD ESTABLISHMENT Blevins Concession Supply Co. 6800 Shingle Crk. Pky. Brooklyn Center Babe Ruth 1600 59th Ave. N. Brooklyn Center Babe Ruth 7112 Bryant Earle Brown Commons 6100 Summit Drive Jerry's Enterprises 5101 Vernon Ave. S. Country Store 3600 63rd Ave. N. Lutheran Church of the Triune God 5827 Humboldt Ave. N. McDonalds 5525 Xerxes Ave. N. Northbrook Alliance Church 6240 Aldrich Ave. N. Orchard Lane School 6201 Noble Ave. N. 1 Potato 2 1319 Brookdale Center Subway 1960 57th Ave. N. 5/13/91 - 3 - ITINERANT FOOD LICENSE Brooklyn Center Park & Recreation 6301 Shingle Crk. Pky. North Star Dodge 6800 Brooklyn Blvd. MECHANICAL SYSTEMS AER, Inc, Box 1146 Air One Mechanical Corp. 6317 Welcome Ave. N. Bell Air Heating 815 West 106th St. C.O. Carlson Air Conditioning Co. 1203 Bryant Ave. N. Ditter, Inc. 820 Tower Drive Donco Air Conditioning 642 Tripp Excel Air Systems 2075 Prosperity Road Precise Heating, A/C & Elec., Inc. 15059 91st Ave. N. Randy Lane & Sons 1501 West Broadway Rapid Heating & Air Conditioning 5514 34th Ave. N. Realistic Heating & Cooling 9077 Van Buren St. NE Rouse Mechanical, Inc. 11348 K -Tel Drive Thompson Air, Inc. 5115 Hanson Court Wenzel Heating & A/C 1955 Shawnee Road MOTOR VEHICLE DEALERSHIP Rob Ryan Oldsmobile 6700 Brooklyn Blvd. RENTAL DWELLINGS Initial: Randy McGovern 5830 Admiral Lane Anna Gullord 2309 54th Ave. N. Reolita Paray 3307 66th Ave. N. Renewal: Norman Chazin Northbrook Terrace Apts. Norman Chazin North Lyn Apartments Gary Scherber The Lilacs Gary Scherber 5820 Logan Ave. N. Thomas W. Kotila 5430 Morgan Ave. N. Deep Root Investments/ ROI Properties 6908, 6912 Unity Ave. N. Joseph Veidel 7104 Unity Ave. N. Bobby & Sally Robson 1107 57th Ave. N. Edward Doll 1201 57th Ave. N. Joseph & Madeleine Roche 824 69th Ave. N. 5/13/91 -4- SIGN HANGER Arrow Sign Co. 18607 Highway 65 NE Demars Signs 4040 Marshall St. NE Leroy Signs, Inc. 6325 Welcome Ave. N. SPECIAL FOOD HANDLING Sport About 6066 Shingle Crk. Pky. SWIMMING POOLS Earle Brown Farm Apts. 1701 07 69th Ave. N. Garden City Court Apts. 3407 65th Ave. N. Moorwood Homeowners Assoc. 5809 Lake Curve Lane Riverwood Townhomes Assoc. 6626 Camden Drive N. Timber Ridge Apts. 6507 Camden Ave. N. TAXI CAB Suburban Yellow 3555 5th Ave. S. (Cab #1345) The motion passed unanimously. PRESENTATIONS Ken Schrader, Resident Engineer of the Minnesota Department of Transportation ( MNDOT) explained an improvement project along a 2.5 -mile section of T.H. 100 in Brooklyn Center and answered Council questions regarding the. project. The project would begin on May 20 and work would be done at night to cause the least amount of traffic disruption. Crews would work between the hours of 8 p.m. and 6 a.m. At times, traffic would be reduced to one lane, and the entrance /exit ramps along T.H. 100 would be closed temporarily; however, emergency vehicles would continue to have access at all times. Residents along T.H. 100 would hear noise from the project periodically due to the milling operation, although it would be kept to a minimum. Councilmember Pedlar confirmed the project would be completed by mid -June. He concurred with having the work done at night, although he cautioned MNDOT to expect numerous telephone calls from residents about any noise disturbances, particularly at night. Councilmember Scott also concurred with the idea of having the work performed at night. Mr. Schrader indicated flyers regarding the project and the anticipated noise would be sent to all residents of the area in a public information campaign designed to reduce the possibility of complaints. 5/13/91 _ 5 - The City Manager suggested MNDOT consider performing the milling work in the residential areas earlier in the evening. He indicated the City preferred to have as much advance notice about such projects as soon as possible to assist in informing citizens. Mr. Schrader indicated the ramp near the Days' Inn would be repaired, and the bridges near Shingle Creek were also scheduled for repair, although they were part of a separate project to be started about mid -June, 1991. Mayor Paulson announced an award had been received by the City from the County Board of Commissioners for efficiency and cost savings in the area of recycling. The City Manager noted the City as among the least cost] in terms of recycling services. tY g Y cY g ORDINANCES The City Manager presented an Ordinance Amending Chapter 19 of the City Ordinances Regarding Public Nuisances and Petty Offenses. It was noted the purpose of the amendments would be to address problems dealing with unwanted visitors in school buildings. When such visitors have been charged with trespassing, all cases have been thrown out of the courts based upon the existing language of the City's ordinances. The proposed language was based upon Minneapolis' and Plymouth's codes and found to be workable in the court system. In regard to subdivision 4, Mayor Paulson noted the verbiage "or post hand bills on" appeared twice and suggested deletion of one of the phrases. The City Attorney concurred. Councilmember Rosene noted subdivision 4 regarding defacement did not specifically prohibit defacement of the school building itself, and suggested adding that provision. The City Manager indicated that provision was covered under the title of the subdivision. The City Attorney indicated the amendment was meant to supplement existing law and therefore some aspects of the problem were addressed elsewhere. Mayor Paulson requested the City Manager review the status of the current Ordinance and provide information to the Council on what was currently covered. Councilmember Rosene felt subdivision 1 should be amended to include buses. Councilmember Scott concurred and suggested the verbiage "buses or vehicles owned or leased by the school district" be added. The City Manager indicated he would review this matter. The Council discussed the matter of who would have the authority to evict persons from the premises. Councilmember Rosene felt persons other than principals or assistant principals should have the authority to enforce the trespassing code in certain situations. 5/13/91 - 6- The City Attorney felt "principal's designee" as referred to in the proposed amendment would adequately cover this contingency. Councilmember Scott concurred noting that liability could be involved. In response to Councilmember Rosene's question in regard to subdivision 7, operation of vehicles, the City Attorney commented "vehicles" referred to those requiring a license on highways. Councilmember Pedlar questioned whether those trespassing were not officially guilty until asked to leave. The City Manager indicated this was true but indicated posted signs served that function. Due to the number of Council questions in regard to the proposed Ordinance, the Personnel Coordinator suggested the Council could table the first reading until the matter was reviewed. She noted school would be out soon, so the timing was not a factor, and this would avoid having to republish the Ordinance if or when changes were made. The Council concurred. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar tabling first reading of the proposed Ordinance for the purpose of reviewing the questions generated by the Council. The motion passed unanimously. ORDINANCE The City Manager noted a public hearing was required for the second reading of an Ordinance Amending Chapter 3 of the Brooklyn Center City Charter. Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 3 of the Brooklyn Center City Charter at 7:46 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to close the public hearing at 7:46 p.m. The motion passed unanimously. ORDINANCE NO. 91 -04 Member Philip Cohen introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 3 OF THE BROOKLYN CENTER CITY CHARTER The motion for the adoption of the foregoing ordinance was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 5/13/91 - 7 - ORDINANCE The City Manager noted a public hearing was required for the second reading of an Ordinance Amending Chapter 7 of the City Ordinances Relating to Recycling Services for Multifamily Dwellings. Councilmember Cohen noted the proposed Ordinance had been republished due to a change, and suggested the Council scrutinize these situations more carefully in the future to avoid the additional cost incurred in republishing as well as sending a wrong signal to the public on the matter. Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 7 of the City Ordinances Relating to Recycling Services for Multifamily Dwellings at 7:49 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared to speak, and 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 at 7:49 p.m. The motion passed unanimously. ORDINANCE NO. 91 -05 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY ORDINANCES RELATING TO RECYCLING SERVICES FOR MULTIFAMILY DWELLINGS The motion for the adoption of the foregoing ordinance was duly seconded by member Dave Rosene, and the motion passed unanimously. ORDINANCE The City Manager stated a public hearing was required for the second reading of an Ordinance Amending Chapter 17 of the City Ordinances Regarding Personnel. Councilmember Pedlar felt the Council should continue to review these matters. Councilmember Rosene indicated the City Manager had concurred to inform the Council each time this Ordinance was invoked and explain the reason for doing so. Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 17 of the City Ordinances Regarding Personnel at 7:51 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to close. the public hearing at 7:51 p.m. The motion passed unanimously. 5/13/91 - 8- ORDINANCE NO. 91 -06 Member Philip Cohen introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY ORDINANCES REGARDING PERSONNEL The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed. Councilmember Pedlar voted against the motion. ORDINANCE The City Manager stated a public hearing was required for the second reading of an Ordinance Amending Chapter 1 of the City Ordinances Regarding Animals. The Personnel Coordinator handed the Council a revision pertaining to the Ordinance in regard to proof of rabies vaccinations, and indicated a section of the Ordinance would need to be republished. Mayor Paulson opened the meeting for the purpose of a public hearing on an Ordinance Amending Chapter 1 of the City Ordinances Regarding Animals at 7:57 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to close the public hearing at 7:57 p.m. The motion passed unanimously. ORDINANCE NO. 91 -07 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 1 OF THE CITY ORDINANCES REGARDING ANIMALS The motion for the adoption of the foregoing ordinance was duly seconded by member Jerry Pedlar, and the motion passed unanimously. Mayor Paulson suggested that staff begin to use more descriptive titles on ordinances to give Council a better indication of the subject matter. ORDINANCE The Director of Planning and Inspection indicated a public hearing had previously been held on this item, which no one had attended. He recommended approval of the ordinance. 5/13/91 - 9- I ORDINANCE NO. 91 -08 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (TWIN VIEW MEADOWS) The motion for the adoption of the foregoing ordinance was duly seconded by member Philip Cohen, and the motion passed unanimously. A representative of the developer for Twin View Meadows was present and briefly updated the Council on the status of the project. He indicated model homes would be constructed within approximately two weeks. Councilmember Cohen suggested the developer publicize the project, as it was a unique opportunity for the City. He thanked the developer for his efforts and his responsiveness to the needs of the City. DISCUSSION ITEMS UPDATE ON THE STATUS OF THE SAFE DRINKING WATER ACT (SDWA) REGULATIONS The City Manager reviewed this item and presented a staff report on the probable impacts and costs of the proposed Environmental Protection Agency (EPA) regulations to Brooklyn Center. He indicated the Lead and Copper Rule had the greatest potential to impact the City, but the final form of the rule was less restrictive and burdensome than originally proposed. The report indicated the City water utility would have little difficulty meeting the other standards in the rules as proposed. Councilmember Cohen commended the staff on a well - prepared report. In response to Councilmember Cohen's question, the Director of Public Works indicated the only possible source of copper in the water would be from the copper connections, and testing had indicated this was not a problem. Councilmember Rosene noted water samples taken from around the City had been a "first draw." He expressed concern about water in various locations, such as City schools, where there were long periods of disuse. The Director of Public Works indicated tests would be conducted in various parts of the City and under various conditions. He stated the City was only responsible for the water supply up the service line, and the plumbing was the responsibility of the property owner. He suggested a public information campaign on this might be a good idea. Councilmember Rosene concurred and suggested the public be informed before the Ordinance regarding this matter was adopted. Mayor Paulson commented the City had an excellent delivery and storage system for water, and that water quality was the next area for review. 5/13/91 - 10- EVERGREEN PARK SCHOOL PLAYGROUND PROJECT The City Manager reviewed this item for the Council, noting that the City was requested to provide $15,000 which would be spent for the Evergreen Park School Playground Project. School District 11 and the City would cooperate to provide the students of Evergreen Park School and the citizens of Brooklyn Center with a new playground. He recommended approval of the item and noted City equipment would be used to haul sand, and any stands removed would be reinstalled. In response to Councilmember Pedlar's question, the City Manager indicated the money would come from the capital improvements fund. There was a motion by Councilmember Rosene and seconded by Councilmember Pedlar to approve the project as presented by staff and to approve $15,000 funding from the Capital Improvement Fund. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:20 p.m. and reconvened at 8:37 p.m. DISCUSSION ITEMS (CONTINUED) CONTROLLING DRIVEWAY WIDTHS AND PAVING IN FRONT YARDS AND YARDS ABUTTING A PUBLIC STREET The City Manager presented to the Council a draft ordinance for discussion and pictorial evidence of existing situations that illustrated problems and potential consequences of an ordinance. The Director of Planning and Inspection indicated modifying the 50% paving rule would be one issue the proposed ordinance would address. He indicated the main provisions of the ordinance would include: 1. All driveways for single - family and two - family residential dwellings to be hard surfaced such as concrete, asphalt, or a well compacted gravel. 2. Driveways leading to a garage would not be allowed to exceed the width of that garage. 3. Driveways not leading to a garage would be limited to 12' in width. 4. Paved or graveled extensions of authorized driveways would be limited to 12' for parking or turnaround areas. 5/13/91 5. The total area for authorized driveways or paved or graveled extensions would be limited to the above dimensions or 50% of the front yard or yard area abutting a public street, whichever is less. He indicated using specific dimensions rather than visual impact to establish standards would make the code more readily enforceable and uniform. He commented the requirement of a hard surfaced driveway would have the most impact on residents and may cause some hardship because of the expense involved. However, he did not recommend allowing any existing conditions to remain, as that would defeat the purpose of the ordinance. Mayor Paulson suggested the Council consider eliminating "well compacted gravel' as a possible surface and requiring either a concrete or asphalt driveway. Councilmember Cohen concurred, indicating "well compacted" would be a difficult term to define. Councilmember Cohen suggested the Council consider the safety impact in cases where houses were located close together, noting citizens tend to have more vehicles per household than when the homes were constructed, in many cases. The City Manager commented regulating the width of the driveways at the street would encourage citizens to enter their driveways at right angles rather than oblique angles which would be safer and prevent excessive wear and tear on the City street. The Director of Planning and Inspection indicated some provision might need to be made for group homes, although that had not been done in the draft ordinance. Councilmember Scott felt such a revision would be necessary. Councilmember Cohen commented overpaving was less of a problem than underpaving and suggested the Council concentrate its efforts on the latter problem. He suggested a factor be included to allow additional paving based upon the square footage of the house or of the property. He felt the Southeast Neighborhood Advisory Committee might provide some helpful input on the matter. Councilmember Rosene was sensitive to the economic hardship the ordinance would impose upon certain citizens and felt the City should consider allowing 3 to 4 years for compliance. Councilmember Pedlar concurred with allowing plenty of time for compliance, noting the improvements could cost approximately $3,000 -5,000 in some cases, although he felt the issue was an important one and was in favor of the ordinance. He felt the matter should be reviewed by all the advisory committees and felt the Council should proceed with caution. 5/13/91 - 12- Councilmember Cohen suggested staff try to determine approximately how many unimproved driveways were located in the City and how many of the residents at these locations were also the homeowners. He commented in cases of boulevard encroachments, the City takes care of the problem and then charges the resident, and indicated that would be one possible approach to this situation. Councilmember Rosene felt the City should review the approach of other cities to this problem. He questioned whether some sources of low- interest financing could be made available for the improvements. In response to the Director of Planning and Inspection's comment that a system of permits could be initiated, Councilmember Scott opposed the idea. She felt this would discourage residents from complying. She felt contractors could canvass certain neighborhoods and offer a discount on services, which might help. Councilmember Cohen suggested the matter be reviewed by the advisory committees and then a public informational meeting be held on the matter. The Council concurred, and no further action was required. LEGISLATIVE UPDATE The Council received the staff report with updates on several legislative items. The City Manager indicated a bulletin from the League of Minnesota Cities which explained a proposed freeze on all nonunion local government salaries over $35,000, which h'e felt would virtually insure unionization of all personnel. In regard to the proposed salary freeze, Mayor Paulson indicated the city of St. Paul was also proposing a freeze and suggested the issue was something the Financial Task Force could review. Councilmember Cohen requested a report on the impact to Brooklyn Center of the proposed salary freeze. He felt this information could be used to facilitate possible amendments favorable to the City. RESOLUTIONS (CONTINUED) PROPOSED UPGRADING OF TRAILS The City Manager reviewed this item briefly for the Council. Two segments of the City's existing trail system were recommended for upgrading, one of the segments being located west of the Hennepin County Government Center complex, and the other segment being located along the south boundary of . Centerbrook Golf Course. The City Engineer had a slide presentation which showed the trail near the Government Center with up to six inches of standing water in various locations. He indicated the condition of the trail has gotten worse over the past few years as the trail had subsided. City forces temporarily raised the surface of the trail a few times by adding two inch lifts 5/13/91 - 13 - of asphalt in the hope the trail would stabilize. Eventually a soils engineer concluded that the unstable nature of the underlying soils and the additional weight of the asphalt lifts had aggravated the condition, and the best solution would be to completely remove and replace the sinking portions of the trail. The trail near the Golf Course consisted of a wood chip surface, which in its usual saturated condition was too soft to ride a bicycle on. Paving this segment would allow bicycle traffic to and from the City's main trail system, and was recommended by staff. Because of the nature of the underlying soils, the City Engineer had recommended the City request a proposal from a geotechnical consultant. RESOLUTION NO. 91 -133 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT AND ACCEPTING PROPOSAL FOR GEOTECHNICAL SERVICES FOR TRAIL IMPROVEMENT, IMPROVEMENT PROJECT NO. 1991 -07 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -134 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR REMOVAL OF HOUSES ON 69TH AVENUE NORTH, PHASE II, IMPROVEMENT PROJECT NO. 1991 -02 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. Councilmember Rosene suggested the City investigate the potential recycling of old building materials. CONTRACT FOR DISEASED TREE REMOVAL The Council discussed this item and questioned the fact that a single bid had been received for this service. The City Engineer indicated a lack of interest on the part of contractors, and the Director of Public Works commented there were few contractors for this procedure. He noted the bidder had also been the low bidder in 1990. Councilmember Pedlar suggested staff try to determine which contractors nearby communities are using for tree removal. In response to Councilmember Rosene's questions, the Director of Public Works indicated the 1991 bid represented a six percent 5/13/91 - 14- increase due in part to the addition of stump removal to the specifications. He explained there had been some problems with the contractor, but they had been generally responsive, their work acceptable, and they were the lowest qualified bidder. In regard to the dollar amount of the contract, he stated it was a unit price contract based upon an estimated number of trees, and the firm would be paid only for actual number of trees removed. Councilmember Scott commented the Ceres Tree Company, which had performed the service the previous year, had done a good job of clean -up, and she had not received any complaints on the matter. RESOLUTION NO. 91 -135 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 1991 DISEASED TREE REMOVAL, IMPROVEMENT PROJECT NO. 1991-06, CONTRACT 1991 -G The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 91 -136 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS, 1991 SEALCOATING, IMPROVEMENT PROJECT NO. 1991 -05, CONTRACT 1991 -F The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTION NO. 91 -137 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ENTRY INTO A JOINT POWERS AGREEMENT IN THE FORM OF A DECLARATION OF TRUST ESTABLISHING AN ENTITY KNOWN AS "MINNESOTA MUNICIPAL MONEY MARKET FUND" AND AUTHORIZING PARTICIPATION IN CERTAIN INVESTMENT PROGRAMS IN CONNECTION THEREWITH The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 5/13/91 - 15 - RESOLUTION NO. 91 -138 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1991 GENERAL FUND BUDGET TO PROVIDE FOR PURCHASE OF CENSUS INFORMATION The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -139 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING REPLACEMENT OF DAMAGED POLICE VEHICLE AND AMENDING THE 1991 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 91 -140 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 18 THROUGH JUNE 30 The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. LICENSE TO UTILIZE EXPLOSIVES FOR THE HOWE COMPANY The City Manager briefly reviewed this item, noting the license had been renewed annually for a number of years without any problems. Staff's recommendation for approval was conditioned on: 1. The permit is issued to the Howe Company, 4821 Xerxes Avenue North, Brooklyn Center and is nontransferable. 2. The Howe Company shall continue to use a two- component compound, kinestik, or a similar two- component compound. 3. The Howe Company shall comply with all applicable federal, state, and local legislation governing the transportation, storage, handling, and detonation of explosives. 4. The Howe Company shall notify the Chief of Police in advance of all blasting operations. 5/13/91 - 16 - i 5. City employees shall have the right to inspect upon reasonable notice given to The Howe Company. 6. Authorization for discharge explosives in the City of Brooklyn Center granted under this permit shall expire March 27, 1992. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to approve the license as recommended and conditioned by staff. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Pedlar, and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:57 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Ann J. Odden Northern Counties Secretarial Service 5/13/91 - 17- i