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HomeMy WebLinkAbout1990 06-11 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 JUNE 11, 1990 CITY HALL CALL TO ORDER The Brooklyn Center City Council, met in regular session and was called to order by Mayor Dean Nyquist at 7:04 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Celia Scott, Todd Paulson, Jerry Pedlar, 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, City Engineer Mark Maloney, and Administrative Aide Patti Page. INVOCATION The invocation was offered by Reverend Bob Cilke of the Brooklyn Center Prayer Breakfast Committee. OPEN FORUM Mayor Nyquist noted 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. Mayor Nyquist noted, although, the City of Brooklyn Center was nominated as one of the finalists for the All- America City Award, it was not named one of the ten. He stated he felt it would be appropriate to recognize the committee and Frank Slawson who was chairman of this committee. RESOLUTION NO. 90 -112 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING GRATITUDE TO THE ALL - AMERICA CITY COMMITTEE The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. Councilmember Cohen stated he thought it would be appropriate for the City to send a letter to the City of South St. Paul recognizing its designation as an All- America City. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar directing staff to prepare a resolution congratulating the City of South St. Paul on its designation as an All- America City. The motion passed unanimously. CONSENT AGENDA 6/11/90 _l_ Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. Councilmember Paulson requested item 10a be removed. APPROVAL OF MINUTES - APRIL 23 1990 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Cohen to approve the minutes of the -April 23, 1990, City Council meeting. The motion passed unanimously. FINAL PLAT APPROVAL There was a motion by Councilmember Scott and seconded by Councilmember Cohen to approve the final plat for Cross of Glory Lutheran Church. The motion passed unanimously. PERFORMANCE BOND RELEASE There was a motion by Councilmember Scott and seconded by Councilmember Cohen releasing the performance bond for Kids R Us, 5717 Xerxes Avenue North. The motion passed unanimously. PROCLAMATION Member Celia Scott introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING JUNE 29, 1990, AS ANNE MARSHALL DAY IN BROOKLYN CENTER The motion for the adoption of the foregoing proclamation was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTIONS RESOLUTION N0. 90 -113 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1989 -G BROOKDALE SQUARE TRAFFIC SIGNALS The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTION NO. 90 -114 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER IMPROVEMENT PROJECT NO. 1990 -09 - WELL NO. 2 MODIFICATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTION NO 90 -115 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR RECONSTRUCTION OF WEST RIVER ROAD BETWEEN 66TH AND 73RD AVENUES NORTH, IMPROVEMENT PROJECT NO. 1988 -18, CONTRACT 1989 -I 6/11/90 -2- The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTION N0. 90 -116 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES (ORDER NO. DST 06/11/90) The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTION NO. 90 -117 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING THE ACHIEVEMENT OF STEVE STROMQUIST The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Cohen to approve the following list of licenses: AMUSEMENT DEVICE - OPERATOR Brooklyn Center Community Center 6301 Shingle Ck. Pkwy. Chuck Wagon Inn 5720 Morgan Ave. N. Davanni's 5937 Summit Drive Earle Brown Bowl 6445 James Circle Lynbrook Bowl 6357 North Lilac Drive Metropolitan Transit Commission 6845 Shingle Ck. Pkwy. United Artists Theatre Circuit 5810 Shingle Ck. Pkwy. AMUSEMENT DEVICE - VENDOR American Amusement Arcades 850 Decatur Avenue Carousel International Corporation P. 0. Box 307 D.V.M. Inc. dba Dahlco 119 State Street GARBAGE AND REFUSE COLLECTION VEHICLE Block Sanitation 6741 79th Ave. N. Browning Ferris Industries of MN 9813 Flying Cloud Drive Gallagher's Service, Inc. 1691 91st Avenue NE Hilger Transfer, Inc. 8550 Zachary Lane Mengelkoch Company 119 NE 14th Street Metro Refuse, Inc. 8168 West 125th Street Randy's Sanitation, Inc Route 342 ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Lioness 5405 Queen Ave. N. Brooklyn Center Park & Recreation 6301 Shingle Ck. Pkwy. Frank Huebl 1274 Desoto Street 6/11/90 -3- International Fine Foods 2529 Nicollet Ave. #201 Betsy Medley 1762 Canyon Lane Mr. Movies 1964 57th Ave. N. Northland DeLite 3040 La Bore Road Northern Treats 10433 Arrowhead St. PT Donuts 14010 39th Ave. N. T C P Enterprises 26656 Woodcrest Drive MECHANICAL SYSTEMS Construction Mechanical Services, Inc. 1307 Sylvan Street Excel Air Systems 2075 Prosperity Road Rapid Heating and Air Cond. 5514 34th Ave. N. SIGN HANGER Lawrence Signs, Inc. 945 Pierce Butler Route SWIMMING POOL Brookside Manor Apartments 1121 -1307 67th Ave. N. The motion passed unanimously. i RESOLUTIONS (CONTINUED) E The City Manager presented a Resolution Accepting Work Performed under Contract 1989 -F. He noted this was the alley paving improvement project Nos. 1989 -08, 1989 -15, 1989 -16, and 1989 -17. Councilmember Paulson stated he would like a clarification as to whether the additional costs were additions to the contract or contract changes. The Director of Public Works stated the majority of the overrun is due to the underestimation of bituminous quantities associated with improvement project No. 1989 -17. ' He explained the contract was bid on unit prices for each material. He stated an estimate was prepared for the necessary quantities of materials but noted this is only an estimate, and sometime there is a need for more or less of the materials than estimated. The City Manager explained this is the type of contract that is used consistently throughout the State of Minnesota. He noted a contractor would bid the contract quite high if they were bidding on a lump sum contract. The Director of Public Works agreed with the City Manager's statement and noted this is a universal contract used on 95% of all public works projects in the State. He added while the total cost of the project is 6% higher than the bid amount, it is actually lower than the original estimate for the project. Councilmember Pedlar inquired if the contractor confirms these changes or additions with staff. The Director of Public Works stated during the course of the project both staff and the contractor realized the error in the quantity estimates and staff gave its approval before the contractor proceeded. Councilmember Scott inquired why the final cost of the staff engineering was so much higher than the original estimate. The Director of Public Works stated he did not have any information at this time. The City Engineer stated he believed it was because there was much more staff time required for inspection purposes than had been originally anticipated. The Director of Public Works stated he would check into this and report back to the Council at a later date. RESOLUTION NO 90 -118 6/11/90 -4- Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1989 -F - ALLEY PAVING IMPROVEMENT PROJECT NOS. 1989 -08, 1989 -15, 1989 -16, AND 1989 -17 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Manager presented a Resolution Accepting Bid and Awarding Contract for 1990 Sealcoating Program, Improvement Project No. 1990 -08, Contract 1990 -A. The Director of Public Works displayed for the Council samples of various sealcoat materials. He explained until 1989 the standard material which was used was the FA -3 or FA -3 modified noting the smaller aggregates were much more expensive. He stated the market has changed, and it is now easier and less expensive to obtain the smaller aggregate. He explained bids were taken on four options which in some ,cases had two types of materials, one to be used on residential streets and the other for collector streets. He stated although option A is the most desirable combination of materials, option B is most cost effective and should provide a nearly identical level of service. Councilmember Scott inquired if there was a coarser grade of material than what is being displayed this evening. She' inquired if the City is sure the contractor used what they said they were going to use when they did the Sealcoating in the region to area. She explained she has walked in this area, and she agrees with residents it is very difficult to walk on this material. She explained a lot of the material is very loose and inquired if the City could do anything about this problem. The Director of Public Works stated from the standpoint of protecting the street, the material is doing its job. RESOLUTION NO 90 -119 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 1990 SEALCOATING PROGRAM, IMPROVEMENT PROJECT NO. 1990 -08, CONTRACT 1990 -A The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. The City Manager presented a Resolution Approving Purchase Agreement for 69th Avenue Right -of -Way, Improvement Project No. 1990 -10. He explained this resolution approves the terms of the purchase agreement which has been negotiated by the City's right -of -way agent for purchase of the property located at 3706 69th Avenue North. Councilmember Cohen inquired what would happen to this property once the City is the owner. The Director of Public Works stated staff is currently setting up the process for maintaining the acquired properties. He noted staff will be asking the Council to approve the process which would allow for removal of homes in batches as several become vacant. Councilmember Cohen inquired if there would be any consideration given to renting the properties. The City Manager stated staff has spoken with the Hennepin County Park Board because they have also acquired homes in the past. He noted the Park Board has stated it is to their advantage to remove the homes as soon as possible. He stated the Park Board noted when renting homes there are too many problems which can arise. The Director of Public Works added the 6/11/90 -5- I City may have to pay the relocation costs for the renters as well as the original owners if the City rents the property. Councilmember Pedlar stated he wants to be sure the staff and Council will be ultra- sensitive to the needs of the residents living directly north of the acquired homes. The Director of Public Works stated staff does plan to meet with the neighbors regarding the maintenance process and to keep them informed. RESOLUTION NO. 90 -120 Member Philip Cohen introduced the following resolution and moved Its adoption: RESOLUTION APPROVING PURCHASE AGREEMENT 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 Celia Scott, and the motion passed unanimously. ORDINANCE The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Relating to the Parking Requirements for Retail Stores or Centers and Financial Institutions. He noted this item was first read on May 7, 1990, published in the City's official newspaper on May 16, 1990, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Relating to the Parking Requirements for Retail Stores or Centers and Financial Institutions. He inquired if there was anyone present who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Relating to the Parking Requirements for Retail Stores or Centers and Financial Institutions. The motion passed unanimously. ORDINANCE NO 90 -13 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES RELATING TO THE PARKING REQUIREMENTS FOR RETAIL STORES OR CENTERS AND FINANCIAL INSTITUTIONS The motion for the adoption of the foregoing ordinance was duly seconded by member Todd Paulson, and the motion passed unanimously. PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO. 90009 SUBMITTED BY KEITH STURM RELIANCE REAL ESTATE REQUESTING A VARIANCE FROM THE RETAIL PARKING REQUIREMENTS CONTAINED IN SECTION 35 -704 OF THE ZONING ORDINANCE TO ALLOW A RETAIL USE OF THE GOLD'S GYM BUILDING AT 2920 COUNTY ROAD 10 The Director of Planning and Inspection stated it was the applicant's intent to withdraw this application if the ordinance amending chapter 35 was approved. Councilmember Cohen stated he would agree with the withdrawal of the 6/11/90 -6- application. However, he feels staff should prepare a resolution which will document the action taken during this application process. He said he felt it is important to document this for future variance requests. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar acknowledging withdrawal of Planning Commission Application No. 90009 submitted by Keith Sturm /Reliance Real Estate, and directing staff to prepare a resolution documenting actions regarding this Planning Commission application. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 7:50 p.m. and reconvened at 8:07 p.m. PRESENTATION - ANNUAL AUDITED FINANCIAL REPORT The Finance Director stated representatives of the City's Independent Audit Firm were present this evening to make a presentation of the annual audited financial report. He introduced Charlie Hansen, the City's Assistant Finance Director; Ed Robinson, Patti Worden, and Monica Forret, of Deloitte and Touche. The Finance Director noted he and Mr. Robinson would be jointly reviewing certain areas this evening. He and Mr. Robinson then went on to present selected financial information from the audit. Patti Worden and Monica Forrett then went on to discuss the management letter. Ms. Forrett noted the management letter discusses the various comments, concerns, and observations made by the auditors. She then briefly reviewed the recommendations regarding the accounting process for the Earle Brown Farm. DISCUSSION ITEMS UPPER TWIN LAKE The City Manager stated he has received a request for funding assistance for algae treatment on Upper Twin Lake. He noted the lake owners association has also asked the City of Crystal for funding assistance. He stated the City of Crystal has reviewed the request and deferred the issue to the 1991 budget discussions. Mayor Nyquist recognized Kristen Mann, chairperson of the Upper Twin Lake Association. Ms. Mann stated that this is not a green stain which appears on the lake but more similar to a green crust. Councilmember Pedlar asked if the DNR has addressed this issue. Ms. Mann responded negatively. The City Manager noted that the City Council for the City of Crystal did not direct the City Manager to put this item into the 1991 budget but stated it would discuss it during the budget process. Mayor Nyquist inquired why the County or the DNR is not taking care of this problem. The City Manager stated neither the County nor the DNR are actively controlling this algae problem. He noted it is similar to the purple loose strife problem. He stated in 1989 the DNR contributed some funding for control of purple loose strife on Twin Lake, but the City crews had to actually treat the problem. Councilmember Scott stated she feels more than just treating the algae must be done. She noted there must be an education process for the residents, and someone should be working with the DNR and the Watershed Management Commission to prevent pollution of the lake. Councilmember Scott 6/11/90 -7- inquired how often the Watershed Commission meets. She also asked if the residents can attend these meetings. Ms. Mann stated she is currently receiving copies of the minutes and meeting notices. She noted she does attend whenever it is possible. Councilmember Cohen stated that Ms. Mann is not looking for a large amount of money when it is split between the two cities. He noted a month or so ago the Council gave approval to the Water Ski Association for training on this lake and noted this could be having an adverse affect on the algae problem. He stated the City should not ignore the fact there are other problems on this lake. Councilmember Pedlar stated maybe the other cities which are affecting this lake should also be working towards a solution. There was a motion by Councilmember Cohen and seconded by Councilmember Scott directing staff to work with the Upper Twin Lake. Association and the City of Crystal to address the issues of the funding request, the use of oversized motors and boats on the lake, and controlling the quality of storm water runoff into the lake. The motion passed unanimously. STATE LAW REGARDING CAMPAIGN SIGNS The City Manager noted there has been a change to State law which will have a direct impact on the City sign ordinance as it relates to political or campaign signs. He explained the new State law will prevent any municipality from regulating the size of noncommercial signs displayed in a State general election year during the time from August 1 until ten days following the State general election. He noted this State law pre -empts the City's ordinance. A brief discussion then ensued regarding the new State law and how it would directly affect the City's ordinances. It was noted that the new law will not change the City's regulations on the locations or placement of signs. There was a motion by Councilmember Scott and seconded by Councilmember Paulson directing staff to modify the City ordinances so they are the same as the State law during August 1 until ten days following the State general election. The motion passed unanimously. ESTABLISHING THE BROOKLYN CENTER DRUG AWARENESS COMMISSION The City Manager explained the current Drug Task Force was established approximately four years ago by Mayor Nyquist to promote drug awareness in the community and coordinate and promote various community activities in drug awareness and prevention areas. He noted the Task Force never received formal City Council approval. He explained in 1989 the Councilmembers and Task Force started discussions for making the Task Force a formal City commission. A brief discussion then ensued regarding the composition of the commission. The City Manager noted the largest commission in the City, at this time, is nine members. Councilmember Paulson inquired if a residency requirement should be added or if the Council should mandate a threshold number of Brooklyn Center residents. Councilmember Scott stated she felt it was important for residents to be on the commission, but it is equally important to keep the school counselors on the commission because they are the most informed on this topic. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to approve the resolution with an amendment to subdivision 5 to indicate the commission would be composed of a chairperson and eight members. 6/11/90 -8- Councilmember Paulson stated he would like to make a further amendment which would require at least 50% of the membership to be Brooklyn Center residents. Councilmember Pedlar stated he would second this amendment for the sake of a discussion. Councilmember Pedlar stated he feels the Task Force is already working well, and he feels 50% is too high. Councilmember Cohen stated it could be worded so that the membership must either live or work in Brooklyn Center and that would give the commission the best cross section of membership. Councilmember Scott stated she would have a few concerns about takin g a commission that is alread well y g and forcing someone to quit because they are not a Brooklyn Center resident. Mayor Nyquist inquired if Councilmember Paulson would agree to the language that "to the extent possible members must live or work in Brooklyn Center ". Councilmember Paulson stated he feels that would defeat the purpose of the residency requirement. Councilmember Pedlar inquired if it could be no less than four Brooklyn Center residents were required. Councilmember Scott called for a vote on Councilmember Paulson's amendment. Mayor Nyquist asked for a roll call vote on Councilmember Paulson's amendment to Councilmember Cohen's motion. Voting in favor: Councilmember Paulson; Voting against: Mayor Nyquist, Councilmember Pedlar, Councilmember Scott, and Councilmember Cohen. The amendment was denied. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to place additional language in subdivision 5 to indicate that no less than four members must be Brooklyn Center residents. The motion passed unanimously and the amendment was approved. RESOLUTION NO. 90 -121 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION CREATING THE BROOKLYN CENTER DRUG AWARENESS COMMISSION AND DEFINING ITS DUTIES AND RESPONSIBILITIES The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson approving the proposed membership list for the Brooklyn Center Drug Awareness Commission. The motion asked unanimously. nimousl . Y There was a motion by Mayor Nyquist and seconded by Councilmember Pedlar directing the Drug Awareness Commission to establish terms of appointment for the commissioners. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:16 p.m. t City Clerk Mayor i 6/11/90 -9_