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HomeMy WebLinkAbout1989 08-28 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 AUGUST 28, 1989 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:02 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, City Attorney Charlie LeFevere, EDA Coordinator Brad Hoffman, and Administrative Aide Patti Page. INVOCATION The invocation was offered by Elaine Bernards 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. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. No requests were made. APPROVAL OF MINUTES - AUGUST 1 1989 - CONTINUED SESSION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the minutes of the August 1, 1989, City Council meeting. The motion passed unanimously. APPROVAL OF MINUTES - AUGUST 14 1989 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the minutes of the August 14, 1989, City Council meeting. The motion passed unanimously. PROCLAMATION Member Celia Scott introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING SEPTEMBER AS PTA /PTO MEMBERSHIP MONTH The motion for the adoption of the foregoing proclamation was duly seconded by member Jerry Pedlar, and the motion passed unanimously. MAYORAL APPOINTMENT 8/28/89 _1_ There was a motion by Councilmember Scott and seconded by Councilmember Pedlar l to appoint John Kalligher and Ernie Erickson to the Housing Commission. The motion passed unanimously. RESOLUTIONS RESOLUTION N0, 89 -160 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES (ORDER NO. DST 08/28/89) 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 - OPERATOR Children's Palace 5900 Shingle Creek Pkwy. GARBAGE AND REFUSE COLLECTION VEHICLES Midwest Grease Buyers, Inc. P. 0. Box 26 Twin City Sanitation 279 Meadowood Lane Vasko Rubbish Removal, Inc. 920 Atlantic Street MECHANICAL SYSTEMS Brooklyn Air Heating & AC 5801 Lyndale Ave. N. Cronstrom's Heating & A/C 4410 Excelsior Blvd. NONPERISHABLE VENDING MACHINES Twin City Vending 1065 E. Highway 36 Earle Brown Tower 6120 Earle Brown Dr. Earle Brown Office Bldg. 6040 Earle Brown Dr. PERISHABLE VENDING MACHINES Twin City Vending 1065 E. Highway 36 Earle Brown Office Bldg. 6040 Earle Brown Dr. RENTAL DWELLINGS Initial: John & Diane Stephens 3824 Burquest Lane Warren Samuelson/Wayne Rowley 4204 Lakebreeze Ave. N. Chris Taber /Koreen Klawitter 2932 67th Lane North Renewal: Thomas & Joanne Limond Humboldt Square Apartments Charles Sabatke 6306 Brooklyn Drive George Shimshock 5900 Colfax Avenue N. Paul A. Dorfman 5245 Drew Ave. N. Dale C. Wegner 5935 Dupont Ave. N. 8/28/89 -2- I Leslie G. Reinhardt 5713 Humboldt Ave. N. Kristin Norstad 4201 Lakeside Ave. N. #103 Lewis & Vivian Hedlund 5316 Russell Ave. N. Robert Nechal 5332 -36 Russell Ave. N. Fred & Judie Swenson 5340 -44 Russell Ave. N. Marilyn Dietrich /Thomas Schultz 6831 Toledo Ave. N. Jack & Mary Jane Herrlin 4803 Wingard Place J. J. Barnett 2910 68th Lane J. J. Barnett 2914 68th Lane J. J. Barnett 291868th Lane SIGN HANGER Universal Sign Company 1033 Thomas Avenue The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Amending the 1989 General Fund Budget and Accepting Proposal to Conduct a Study of Space Needs at East and West Fire Stations, Improvement Project No. 1989 -24. The City Manager stated the fire department has requested a space needs study be conducted relating to both the east and west fire stations. He explained staff has requested the firm of Carlson Mjorud Architecture Ltd. (CMA) to review the fire department's request and submit a proposal to conduct a space needs study. RESOLUTION NO 89 -161 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1989 GENERAL FUND BUDGET AND ACCEPTING PROPOSAL TO CONDUCT A STUDY OF SPACE NEEDS AT EAST AND WEST FIRE STATIONS, IMPROVEMENT PROJECT NO. 1989 -24 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 and Accepting Proposal for Furnishing One Highway Sand /Salt Spreader. The City Manager explained the truck mounted box type spreader used by the street department for spreading sand and salt was recently examined to determine if refurbishing it was feasible. He noted after sandblasting, it was discovered the sides and ends were so worn the spreader was beyond economical repair. He stated staff is recommending the purchase of a new spreader and also recommending the $10,000 surplus in the current year budget be used for this purchase. RESOLUTION NO 89 -162 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION APPROVING PURCHASE AND ACCEPTING PROPOSAL FOR FURNISHING ONE HIGHWAY SAND /SALT SPREADER The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. I I 8/28/89 -3- i The City Manager presented a Resolution Ordering Installation of Sidewalk on West Side of Humboldt Avenue North between Woodbine Avenue and 73rd Avenue and Accepting Proposal for Construction, Improvement Project No. 1989 -20. The Director of Public Works briefly reviewed the compromise which was reached with the three residents along this area and noted a member of the engineering staff has met with the property owners, onsite, to discuss the project. He explained Mr. Olson, 1501 73rd Avenue North, has agreed to the compromise under certain conditions. He noted the City would be able to meet most of these conditions except for the installation of a six foot fence. He noted the maximum height permitted by City ordinance is four feet for a fence adjacent to a public right of way. The Director of Public Works stated Mr. Pitteiger, on behalf of Gayle Arvidson, 7227 Humboldt Avenue North, opposes the criteria for an eight foot minimum boulevard and would prefer to see a six foot boulevard. He noted Mr. Carson, 7221 Humboldt Avenue North, is satisfied with the proposed alignment and asked only that the City relocate, if possible, some shrubs that will be affected by the proposed construction. Councilmember Cohen asked the Director of Public Works to review the standards for boulevards in the City. The Director of Public Works stated generally boulevards are installed one foot from the property line, and in this case, it would have allowed for a 12 foot boulevard. Councilmember Pedlar inquired if the snow storage along this area would create problems for the residents backing out onto Humboldt Avenue North. The Director of Public Works stated he did not believe the situation would change any from past years. Mayor Nyquist recognized Joy Olson, 1501 73rd Avenue North. Ms. Olson stated she would like to state, on behalf of the owner of 7227 Humboldt Avenue North, that the owner would prefer to have a six foot boulevard instead of an eight foot boulevard. Ms. Olson also stated she and her husband are pleased with the compromise for the sidewalk. She added, however, they would prefer to have a six foot high fence installed instead of the four foot high fence. RESOLUTION NO 89 -163 Member`Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION ORDERING INSTALLATION OF SIDEWALK ON WEST SIDE OF HUMBOLDT AVENUE NORTH BETWEEN WOODBINE AVENUE AND 73RD AVENUE AND ACCEPTING PROPOSAL FOR CONSTRUCTION, IMPROVEMENT PROJECT NO. 1989 -20 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Amending the 1989 General Fund Budget. He noted this would provide the funding for the planning and land use study authorized on July 24, 1989, in the amount of $10,595. He noted this planning and land use study would be conducted for the area of 66th Avenue and West River Road. RESOLUTION NO 89 -164 Member Celia Scott introduced the following resolution and moved its adoption: 8/28/89 -4- RESOLUTION AMENDING THE 1989 GENERAL FUND BUDGET 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 Specifications and Authorizing Advertisement for Bids for Delivery of Telephone System for Brooklyn Center City Hall and the Earle Brown Heritage Center. The EDA Coordinator stated the bid specs are broken down into individual packages for cabling of the City Hall and Farm and also two packages for the telephone system for City Hall and the Farm. He noted other features are being bid separately and staff can decide which features to install in the system when they have seen the price. He noted whatever system is chosen, it will accommodate any growth which may occur on either site. RESOLUTION NO 89 -165 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF TELEPHONE SYSTEM FOR BROOKLYN CENTER CITY HALL AND THE EARLE BROWN HERITAGE CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO 89021 SUBMITTED BY R.L. BROOKDALE MOTORS REQUESTING SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL TO CONSTRUCT A 14.565 SO FT. ADDITION TO THE HONDA SALES BUILDING AT BROOKDALE PONTIAC HONDA 6801 BROOKLYN BOULEVARD TO PROVIDE ADDITIONAL SERVICE BAYS PARTS WAREHOUSING OFFICE AND OTHER FUNCTIONS AND PLANNING COMMISSION APPLICATION NO 89022 SUBMTTTED BY R L BROOKDALE MOTORS REQUESTING SPECIAL USE PERMIT APPROVAL TO OPERATE AN OFF SITE INVENTORY STORAGE LOT ACCESSORY TO THE BROOKDALE PONTIAC -HONDA DEALERSHIP AT THE OLD ERICAN BAKERIES SITE AT 4215 69TH AVENUE NORTH The City Manager noted both items were recommended for approval by the Planning Commission at its August 17, 1989, meeting. The Director of Planning and Inspection referred the Mayor and Councilmembers to pages four through ten of the August 17, 1989, Planning Commission minutes and information sheet. He briefly reviewed the two applications and noted a public hearing has been scheduled for this evening and notices have been sent. He explained there were 17 conditions recommended for application No. 89021 and seven recommended conditions for application No. 89022. He went on to review these conditions. A brief discussion then ensued regarding the intense lighting on 69th Avenue North. Mayor Nyquist opened the he meeting for the purpose of a public hearing on Planning Commission Application Nos. 89021 and 89022. He recognized Lyle Blaido, 4100 I 8/28/89 -5- 69th Avenue North, who stated he felt there was a lot of air pollution in the area of 69th & Brooklyn Boulevard, and he felt the City should find out what the level is at this intersection before the application is even considered. Mayor Nyquist recognized a resident who stated he lives on 69th & June Avenue North. He noted he is not even able to turn into his driveway because of the traffic in this area. Mayor Nyquist then recognized Clarence Fransen, 4204 69th Avenue North. Mr. Fransen inquired what is going to be done for those who live along 69th Avenue North. He noted the proposal is to install an off -site parking location at the American Bakeries site, but he is sure they will be operating a sales service center there unless the City patrols the situation. He stated he felt the City should have the applicant put this off -site lot somewhere else. Mayor Nyquist recognized Dan Luther, general manager of Brookdale Pontiac- Honda. Mr. Luther explained his company is not required to add a service building for the Honda sales area but noted in order to handle the capacity of cars that require service from his company, additional service bays are necessary. He stated his company has no intentions of building the service facility unless an off -site storage lot can be acquired. He went on to explain they are proposing to build a service building on -site and have no intention of servicing cars at the American Bakeries site. He added he would ask employees and enforce the Policy of not showing or selling vehicles from the American Bakeries site. He reiterated the fact that his company cannot build the additional service building without an off -site storage lot. Councilmember Scott inquired if Mr. Luther would be providing adequate customer parking and also where his employees are required to park. Mr. Luther stated by having an off -site storage lot, it should create adequate customer parking and also employee parking. He stated he would not allow his employees to park at the American Bakery site because of the safety factor in crossing Brooklyn Boulevard. Mayor Nyquist inquired if there was anyone else who wished to appear before 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 Planning Commission Application Nos. 89021 and 89022. The motion passed unanimously. Councilmember Pedlar stated he did not see a need to tie the two applications together and inquired if it would not be possible to find an off -site storage lot somewhere else. Councilmember Cohen stated he would like staff to address the issue of traffic on 69th Avenue North. The City Manager stated the City Council has requested staff to review the areas of Brooklyn Boulevard between I- 694 and 69th Avenue North and 69th Avenue east of Brooklyn Boulevard. He stated an evaluation has been completed and staff will be holding a public hearing later this fall to discuss the proposed improvements along this area. The Director of Public Works added the City Council did submit a resolution to Hennepin County requesting Hennepin County to study the area of Brooklyn Boulevard. He noted Hennepin County will be sending its report to the City in early 1990 and then staff will have two studies that will provide information on 8/28/89 -6- the area of 69th & Brooklyn Boulevard. The City Attorney stated it would be appropriate to limit the use of the off- site lot on 69th Avenue North. He suggested a change to condition No. 2 for Application No. 89022. The City Manager pointed out the proposed use for the American Bakeries site would, in most cases, create less traffic in this area than other allowed uses for this site. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to approve Planning Commission Application No. 89021 submitted by R.L. Brookdale Motors subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriateley screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines serving the proposed addition, prior to release of the performance guarantee. 10. The property owners shall enter in an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drain Systems prior to the issuance of permits. 11. Customer parking, as indicated on the approved site plan, shall be signed and all parking spaces shall be striped prior to release of the performance guarantee. III 8/28/89 -7 I i 12. The applicant shall submit proof of ownership of the site at 4215 69th Avenue North prior to the issuance of permits for the addition. The applicant shall also execute a restrictive covenant binding use of the remote site to the car dealership on the principal site. Said covenant to be approved by the City Attorney, executed and filed prior to the issuance of permits. 13. Approval of Application No. 89021 for the building addition is subject to approval of Application No. 89022 for off -site accessory parking at 4215 69th Avenue North. 14. On -site fire hydrants shall be provided near the northerly access off Brooklyn Boulevard and immediately west of the proposed addition in accordance with the recommendations of the Fire Chief. 15. The plans shall be revised, prior to the issuance of permits, to indicate the following: a) Additional plantings to bring total landscaping on the site up to a point value of 339 points based on the City's Landscape Point System. b) Existing and proposed site lighting shall be indicated with light intensity measurements. c) Outside trash disposal areas, if any, shall be indicated and screening provided. d) Building materials shall be revised to a decorative concrete block''" painted to match the existing Honda sales building. 16. The special use permit is granted only for the specific use proposed by the applicant. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. 17. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. The motion passed with Councilmember Pedlar opposed. Councilmember Cohen stated he felt the concerns raised by the residents pertaining to property values and the condition of the neighborhood should be addressed at the public hearing which will be held later this fall. He added Brookdale Pontiac -Honda has always been a good corporate citizen of Brooklyn Center. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to approve Planning Commission Application No. 89022 submitted by R.L. Brookdale Motors subject to the followin g conditions: 1. The special use permit is subject to all applicable codes, ordinances, 8/28/89 -8 and regulations. Any violation thereof may be grounds for revocation. 2. The special use permit is issued to Brookdale Pontiac -Honda for use as an off -site inventory vehicle storage lot. No other activities are permitted on the off -site lot at 4215 69th Avenue North, including: car sales, display of cars to customers, service of vehicles, customer parking, employee parking, or parking of customer vehicles for service. 3. The applicant shall legally encumber the use of the site at 4215 69th Avenue North for the sole purpose of providing inventory vehicle parking accessory to the principal car dealership use at 6801 Brooklyn Boulevard. Said encumbrance shall be reviewed and approved by the City Attorney, shall be executed and filed prior to issuance of the special use permit and prior to the issuance of building permits for expansion at the principal site. 4. All vehicle storage at 4215 69th Avenue North shall be screened from public view by an opaque fence not less than 6' in height. 5. The applicant shall enter into a performance agreement with a supporting financial guarantee (in an amount to be determined by the City Manager) to assure completion of the fencing improvements prior to the issuance of the special use permit. 6. Special use permit approval for off -site accessory parking specifically waives the requirement that such parking not be located across a major thoroughfare on the grounds that the nature of the off - site use should not generate pedestrian traffic between the remote site and the principal site. 7. The applicant shall modify the landscape plan to provide the maximum possible landscape treatment on the site. 8. All lighting shall be constructed so as to illuminate the site only and not spread into adjacent properties. The motion passed with Councilmembers Paulson and Pedlar opposed. Councilmember Scott stated she would like staff to address the property owners concerns regarding the activities occurring at the North Star Dodge dealership and also repair of fencing and landscaping in the area. Councilmember Cohen stated he would like to review the lighting plans for the American Bakeries site. RECESS The Brooklyn Center City Council recessed at 8 :44 p.m. and reconvened at 8:58 p.m. The City Engineer, Mark Maloney, entered the meeting at 8:58 p.m. PUBLIC HEARINGS 8/28/89 -9- PUBLIC HEARING ON IMPROVEMENT PROJECT 1988 -18 WEST RIVER ROAD BETWEEN 66TH AVENUE NORTH AND 73RD AVENUE NORTH AND WILLOW LANE BETWEEN I -694 AND 66TH AVENUE NORTH The City Manager stated notices of this hearing have been published in the City's official newspaper and individual notices have been sent to the owners of all properties abutting the proposed improvement. He explained two public informational meetings were conducted prior to this evening's meeting. The Director of Public Works went on to review the site and the proposed trailway for this area. He noted MNDOT is in the process of constructing a ten foot pedestrian/bike trailway crossing the river which would connect into the proposed trailway. He noted Hennepin County is also developing plans for a trailway along Riverridge Park. The Director of Public Works then went on to review a video tape of West River Road between 66th Avenue North and 73rd Avenue North. He then introduced Dick Moore and Glen VanWormer of Short- Elliot- Hendrickson. Mr. Moore stated his firm reviewed many alternatives for construction along West River Road. He noted it is possible to construct the trailway on either the east or west side of West River Road. He then went on to review the proposed plans for both trailway options. r Mr. VanWormer then reviewed the traffic statistics for the area and how the counts were conducted. He noted most of the traffic on West River Road was generated by residents in the area. He noted there are multiple problems to be solved in this area. The Director of Public Works reviewed the special assessment policy and noted that notices have been published and also sent to the abutting property owners. Councilmember Pedlar inquired if the deferred assessment policy would be in effect for this project. The Director of Public Works responded affirmatively and noted the City Council has asked staff to review the policy to see if it cah "' be expanded. He noted if there are changes to the policy this project would benefit from those changes. Mayor Nyquist opened the meeting for the purpose of a public hearing on improvement project 1988 -18, West River Road between 66th Avenue North and 73rd Avenue North and Willow Lane between I -694 and 66th Avenue North. He then recognized Roland Erickson, 6640 West River Road. Mr. Erickson stated if the trailway /sidewalk is constructed on the east side of West River Road, then bikers would be encountering many driveways as they rode along the trail. He stated he would like to see the trailway removed from the east side of the road. Mayor Nyquist then recognized John Kelly, 7124 West River Road. Mr. Kelly stated he agreed that he did not believe the bike trail should'be on the east side of the road because it does not make any sense. He inquired how much extra the bike trail would be costing the ro ert owners. The City the bike trails will not cost the property owners anything. He r not d explained assessment will only be for the road improvement. Mr. Kelly then inquired how this project would affect existing drainage problems. The Director of Public Works stated the project includes providing positive drainage to the area. Mayor Nyquist then recognized Richard Forberg, 7012 West River Road. He stated he was opposed to the bike trail because he felt most people in the area tend to use the other roads for bike rides. He added if the bike trail is going to be 8/28/89 -10- i installed, he felt for all practical purposes it should be done on the west side of the road. Mayor Nyquist recognized David Berg, 6842 West River Road, who stated he did not want the bike trail on the east side of the road because it would be creating 30 different intersections for bicycle riders. He also inquired whether the electrical cable would be buried or not. The City Manager stated the cost of burying the electrical cable has been included in the estimate, and there would be a small charge to homeowners for new connections. Mayor Nyquist then recognized Cindy Blonc, 6354 Willow Lane. Mrs. Blonc stated she is not a homeowner which will be directly assessed for the street improvement but added she is not in favor of the bike trail because of the noise level and possible harassment and vandalism. She noted currently with the construction being done by MNDOT, there have been many problems on her property. The Director of Public Works stated he has been in touch with MNDOT officials and is trying to resolve some of the existing problems. Mayor Nyquist then recognized Andre Blonc, 6354 Willow Lane, who stated he felt there has been a rapid deterioration of the road from the large construction vehicles traveling it. The Director of Public Works stated MNDOT has designated this roadway as a haul road which means the City and MNDOT inspected the roadway before the project began and will inspect the roadway again when the project is complete. He stated the contractor would be held responsible for any damage to the roadway. Mayor Nyquist recognized Howard Atkins, 6550 West River Road. Mr. Atkins stated he would not object to the improvement project as long as it does not affect further development of his property. Mayor Nyquist then recognized Harold Swanson, owner of the apartment buildings at 7230, 7240, and 7250 West River Road. Mr. Swanson stated he felt his property was being assessed more than other properties because his is zoned R4 /R5. Mayor Nyquist 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 Pedlar and seconded by Councilmember Cohen to close the public hearing. The motion passed unanimously. Councilmember Cohen stated it appears the issue being disputed this evening is the location of the bike trail, and it also appears the neighborhood would like the bike trail on the west side of the road. The City Manager stated there is also the issue of power lines, however, the Council could approve the plans and request staff to complete additional surveys regarding this issue. Councilmember Pedlar stated there appears to be a number of people who will be assessed for the project but who are not present this evening. He stated he was told many of these people felt this project was a "done- deal." He stated he would like to table this item to allow more time to contact the residents. Mayor Nyquist recognized John Kelly, 7124 West River Road. Mr. Kelly stated he was under the impression this was a "done- deal" because the road was going to be 8/28/89 -11- I I upgraded. He felt the only thing the residents had a choice on was which side of the road the trailway would be placed. Councilmember Cohen stated two public meetings have already been held regarding this issue and now a public hearing has been held, and he believes the neighborhood has had an ample opportunity to provide input on the project. He noted the Council could continue holding meetings but sooner or later the Council would have to make a decision. He stated he felt the Council should move ahead with this project. The Director of Public Works briefly reviewed the estimated schedule for this project noting the plans and specs would be developed during November and December of this year with a bid opening date in February, 1990. He stated award of the contract would likely occur in March, 1990, with a completion date of September, 1990. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to lace the bike P trail on the west side of West River Road; to defer consideration of the power line burial until a poll of the neighborhood has been taken; and also to direct staff to further investigate a solution to the "s" curve at the beginning of West River Road. The motion passed unanimously. The Director of Public Works reminded the Council that a roll call vote was necessary on this resolution because it was a project initiated by the City Council. RESOLUTION NO 89 -166 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS - IMPROVEMENT PROJECT NO. 1988 -18 The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. DISCUSSION ITEMS IMPACTS OF THE SAPS DRINKING WATER ACT The City Manager explained at the August 14, 1989, City Council meeting, the Council requested a summarization of the information contained - in the report from Black & Veatch and also a resolution be prepared for formal consideration regarding the City's position with regard to this issue. He noted a resolution has been prepared for the Council's consideration.. Councilmember Paulson stated he would like a paragraph added which would be a general statement supporting the action but noting the Council's concerns with regard to the method of implementation. RESOLUTION NO 89 -167 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION RELATING TO DEVELOPMENT OF STANDARDS UNDER THE SAFE DRINKING WATER ACT The motion for the adoption of the foregoing resolution was duly seconded by 8/28/89 -12- i ' member Jerry Pedlar, and the motion passed unanimously. The City Manager stated the City has received a request from the American Water Works Association for a $1,000 donation to help establish a water industry technical action fund. He noted this fund would be used to support research and legislative activities designed to promote the water industries more active, positive role in the development of drinking water regulations. He noted a resolution has been prepared for the Council's consideration. RESOLUTION NO. 89 -168 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION APPROVING PAYMENT TO THE AWWA ASSESSMENT FUND The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. AN ORDINANCE AMENDING CHAPTER 11 OF THE BROOKLYN CENTER ORDINANCES The City Manager noted recent legislative changes in the liquor laws and several concerns which have been discussed in the past are addressed in the proposed ordinance amendment. He stated if the Council wished, it could proceed with the first reading this evening or schedule it for a later date to allow notification time for the Chamber of Commerce and liquor license holders. Councilmember Scott stated she felt out of courtesy for the establishments and the Chamber of Commerce, they should be notified of the first reading. The City Manager noted the licensed establishments and the Chamber of Commerce are aware of the proposed changes. He added if the ordinance is passed, there would be a fair amount of time for the license holders to meet the requirements. A brief discussion then ensued regarding outdoor special events and permanent licenses for these events. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar instructing staff to bring this ordinance for a first reading at the September 11, 1989, City Council meeting. The motion passed unanimously. LEAGUE INSURANCE TRUST INSTITUTIONAL PAYMENT TO LEAGUE OF CITIES The City Manager noted the purpose of the League of Minnesota Cities Insurance Trust ( LMCIT) is to allow Minnesota cities to join together to achieve a savings on insurance costs through joint effort. He noted over the years the fruits of these savings have been transferred on a consistent basis back to the member cities. He noted, however, since 1988 an additional institutional fee has been implemented and has been drawn from the LMCIT and transferred to the League of Cities general fund for other purposes not related to insurance. He noted the membership of the League of Minnesota Cities is larger than the membership in the LMCIT, and therefore, cities not belonging to the insurance trust are getting an indirect benefit from the insurance trusts savings. He stated staff does not feel this is a proper use of funds. The Finance Director briefly reviewed past publications and reports which noted any profits would go back to the participants. The City Attorney stated he does not have all the information or documents regarding this issue, however, he has reviewed similar cases and has never seen 8/28/89 -13- anyone charged for the use of someone else's good name. Councilmember Cohen stated the League of Minnesota Cities has increased the amount of their staff and now they need a new building because the old one is not large enough. g g - He stated the member cities are having a tough time cutting budgets, and nd he doe 8 g s not feel excess funds should be spent arbitrarily rbitraril but should t the member cities. He stated he felt the Council should ask the the money back to the insurance trust. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott directing staff to prepare a resolution for the September 11, 1989, City Council meeting. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:23 p.m. y �l < r City Cl e k May i 8/28/89 -14-