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HomeMy WebLinkAbout1989 09-11 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 SEPTEMBER 11, 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 7:03 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 & Inspection Ron Warren, City Attorney Charlie LeFevere, EDA Coordinator Brad Hoffman, Personnel Coordinator Geralyn Barone, and Administrative Aide Patti Page. INVOCATION The invocation was offered by Blaine Fluth, representing the Brooklyn Center Prayer Breakfast Committee. OPEN FORUM Mayor Nyquist recognized Dave Johnson, 1713 70th Avenue North. Mr. Johnson stated he is appearing this evening regarding the PostNews paper article citing the award of damages to a past police officer. He stated he felt the punitive damages should be paid by the City Manager and the Chief of Police, and the burden should not be placed upon the citizens of Brooklyn Center. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. No requests were made. RESOLUTION NO 89 -169 Member ON Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES (ORDER NO. DST 09/10/89) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 89 -170 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1989 -C (SEALCOATING, IMPROVEMENT PROJECT NO. 1989 -09) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 9/11/89 _1_ RESOLUTION NO. 89 -171 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1989 GENERAL FUND BUDGET 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: COMMERCIAL KENNEL Snyder Brothers Drug 1296 Brookdale Center ITINERANT FOOD ESTABLISHMENT Brooklyn Center Fire Dept. 6301 Shingle Creek Pkwy. Cross of Glory Lutheran Church 5929 Brooklyn Blvd. MECHANICAL Merit HVAC, Inc. 7801 Park Drive The motion passed unanimously. RECESS TO ECONOMIC DEVELOPMENT AUTHORITY MEETING The Brooklyn Center City Council recessed at 7:05 p.m. and reconvened at 7:16 p.m. PRESENTATION The Personnel Coordinator introduced Patty Wilder, Executive Director of the Northwest Hennepin Human Services Council. Ms. Wilder went on to give an overall review of the program and its services. She then introduced Mr. John Casey, the City's representative on the Council. Mr. Casey went on to review his involvement with the child abuse network and the Northwest Hennepin Human Services Council. PUBLIC HEARING - CITY BUDGET The City Manager stated the Finance Director would like to give a brief introduction tonight of the 1990 budget and then adjourn the public hearing to a later date at which time the Council would review the - budget department-by- g P Y department. He noted the Council may not actually be taking action on this document because there is a great potential for change in the tax levy amount. The Finance Director went on to review the major affects of the revised state aid, levy limits, and "Truth -In- Taxation" bill. He went on to review certain points of the budget and noted the total proposed budget for 1990 is $10.5 million which represents a 6.37% increase. He then discussed revenues and other funding sources. Mayor Nyquist opened the meeting for the purpose of a public hearing on the annual City budget. He inquired if there was anyone present who wished to speak at the public hearing. There being none, he entertained a motion to continue the public hearing to a later date. 9/11/89 -2- There was a motion by Councilmember Scott and seconded by Councilmember Cohen to continue the public hearing on the annual City budget to September 21, 1989, at 7 p.m. The motion passed unanimously. PUBLIC HEARINGS Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed special assessments for tree removal costs. The Director of Public Works noted the City has received no written correspondence regarding the public hearing for tree removal costs. Mayor Nyquist inquired if there was anyone present who wished to speak at the public hearing. He recognized Mary Lee, 6730 Perry Avenue North. Ms. Lee stated when the tree inspector was out and marked her tree, she was informed that the contractor would notify her in advance so she could leave her gate open to the back yard. Instead of being notified, she found they basically broke into her back yard and damaged the gate. She noted the stump has not been removed yet and her gate has not yet been repaired. The City Manager apologized for the damaged gate and explained there has been such a great number of trees taken down this year, and the contractor is trying to remove all trees first and then return at a later date for the stumps. The Director of Public Works stated he has not been informed of the details of this incident, but he would be happy to look into the matter for Ms. Lee. He stated he would recommend the Council remove Ms. Lee's assessment from the tax roll to allow for further investigation. Councilmember Cohen inquired who would be liable for the property damage. The Director of Public Works stated under the contract agreement, the contractor would be liable for repair of this damaged gate. He noted if the contractor does not repair the gate, the City would repair and deduct the amount from the contractor's current bills. 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 Scott to close the public hearing on proposed special assessments for tree removal costs. The motion passed unanimously. There was a general consensus among Councilmembers to remove the property at 6730 Perry Avenue North from the assessment roll and act on it at the next City Council meeting. RESOLUTION NO 89 -172 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING TREE REMOVAL COST TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed assessments for public utility hookup charges. The Director of Public Works noted the City has received no written correspondence regarding the public hearing on public utility hookup charges. Mayor Nyquist inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak, and he entertained a motion to close the public hearing. 9/11/89 -3- There was a motion by Councilmember Cohen and seconded by Councilmember Paulson to close the public hearing on proposed assessments for public utility hookup charges. The motion passed unanimously. RESOLUTION NO 89 -173 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING PUBLIC UTILITY HOOKUP CHARGES TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed special assessments for delinquent weed destruction accounts. The Director of Public Works noted the City has received no written correspondence regarding the public hearing for delinquent weed destruction accounts. Mayor Nyquist inquired if there was anyone present who wished to speak at the public hearing. He recognized Beth Sandberg, 702 53rd Avenue North. Mrs. Sandberg stated they were being assessed for a weed mowing which took place on September 2, 1988. She stated she and her husband did not have final closing on the home until September 30, 1988. She explained Minnesota Title called and checked for assessments and pending assessments at that time and was told the title was clear. She was told by someone within City hall that this assessment must have been missed. She stated she and her husband do not feel they should have to pay for this assessment since they did not own the property at the time of the cutting. The City Manager explained occasionally on weed assessments there is a 30 to 60 day wait between the time of the cutting and all paperwork being turned in for pending charges. He stated he would recommend the Council remove this property from the tax rolls. 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 Scott and seconded by Councilmember Paulson to close the public hearing on proposed special assessments for delinquent weed destruction accounts. The motion passed unanimously. There was a general consensus among Councilmembers to remove the property at 702 53rd Avenue North from the assessment roll. RESOLUTION NO. 89 -174 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DELINQUENT WEED DESTRUCTION ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. 9/11/89 -4- RECESS The Brooklyn Center City Council recessed at 9 :02 p.m. and reconvened at 9:18 p.m. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Protesting the Imposition of an Institutional Fee by the League of Minnesota Cities upon the League of Minnesota Cities Insurance Trust. Councilmember Cohen suggested substituting the word "opposing" instead of "protesting" on the resolution title. There was a general consensus among Councilmembers to change the title from "protesting the imposition. . ." to "opposing the imposition. . . ". RESOLUTION 89 -175 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION OPPOSING THE IMPOSITION OF AN INSTITUTIONAL FEE BY THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. Councilmember Cohen stated he also felt the procedure for raising the dues should be reviewed also. The City Manager presented a Resolution Designating a City Insurance Agent. RESOLUTION NO. 89 -176 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING A CITY INSURANCE AGENT 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 11 of the Brooklyn Center City Ordinances. He noted Chapter 11 of the ordinances deals with liquor licensing. He stated this item is offered this evening for a first reading. He then went on to briefly review some of the proposed changes. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve for first reading An Ordinance Amending Chapter 11 of the Brooklyn Center Ordinances and to set a public hearing date for October 9, 1989, at 7:30 p.m. The motion passed unanimously. DISCUSSION ITEM ADMINISTRATIVE TRAFFIC COMMITTEE REPORT REGARDING TRAFFIC CONTROL AT 'THE INTERSECTION OF EAST TWIN LAKE BOULEVARD AND 53RD AVENUE NORTH The Director of Public Works briefly reviewed the three alternates for this area and noted the estimated cost for each alternate is between $2,000 and $3,000. He noted a letter was sent to all property owners in the area notifying them of 9/11/89 -5- the Administrative Traffic Committee's recommendation and advising them that the matter would be considered by the City Council at this evening's meeting. The Director of Public Works noted there had been a gentleman present in the audience this evening regarding this issue, but they had spoken during the recess and the gentleman was happy with the recommendation made by the Administrative Traffic Committee. RESOLUTION NO 89 -177 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1989 GENERAL FUND BUDGET AND APPROVING GEOMETRIC IMPROVEMENTS AND TRAFFIC CONTROL CHANGES AT THE INTERSECTIONS OF 53RD AVENUE NORTH WITH EAST TWIN LAKE BOULEVARD AND WITH GREAT VIEW AVENUE The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and 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 9:47 p.m. City Clerk May 9/11/89 -6