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HomeMy WebLinkAbout1989 02-13 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 FEBRUARY 13, 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 p.m. ROLL CALL = Mayor Dean Nyquist, Councilmembers Gene Lhotka, Todd Paulson, and Jerry Pedlar. 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 Bo Spurrier, and Administrative Aide Patti Page. Mayor Nyquist noted Councilmember Scott would be absent from this evening's meeting. INVOCATION The invocation was offered by Councilmember Lhotka. 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 - 23 1989 - REGULAR SESSION There was a motion by Councilmember Paulson and seconded by Councilmember Lhotka to approve the minutes of the January 23, 1989, meeting. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 89 -19 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION INITIATING THE PREPARATION OF A DISCRETIONARY ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) FOR THE RECONSTRUCTION OF WEST RIVER ROAD FROM 66TH AVENUE NORTH TO 73RD AVENUE NORTH AND THE CONSTRUCTION OF A MULTIPLE USE TRAIL ALONG WEST RIVER ROAD AND WILLOW LANE FROM I -694 TO 73RD AVENUE NORTH 2/13/89 -1- The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. RESOLUTION NO. 89 -20 Member Todd Paulson introduced the following resolution and moved its adoption: I RESOLUTION REQUESTING THE HENNEPIN COUNTY DEPARTMENT OF TRANSPORTATION (HCDOT) TO DEVELOP PLANS FOR SAFETY AND CAPACITY IMPROVEMENTS TO CSAH 152 (BROOKLYN BOULEVARD) BETWEEN 63RD AVENUE NORTH AND THE NORTH CITY LIMITS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. RESOLUTION NO. 89 -21 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF ONE (1) MECHANICAL HOIST The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. RESOLUTION NO 89 -22 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) FOUR WHEEL PAVEMENT MARKING MACHINE The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. RESOLUTION NO 89 -23 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ENTERING INTO AN AGREEMENT WITH THE STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY FOR THE LOAN OF PRELIMINARY BREATH TESTING INSTRUMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. RESOLUTION NO. 89 -24 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE HIRING OF W.M. MONTGOMERY AND ASSOCIATES TO PERFORM A MEASUREMENT, EVALUATION, AND RECOMMENDATION ON THE CITY'S RADIO SYSTEM The motion for the adoption_ of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. 2/13/89 -2- LICENSES There was a motion by Councilmember Paulson and seconded by Councilmember Lhotka to approve the following list of licenses: F BULK VENDOR 1 Curtis Products, Inc. 2516 Dodds Ave. D & G Vending, Inc. 4313 NE Washington Street Peterson Vending 1709 Hickory Hill CATERING FOOD VEHICLE Bridgeman's 6201 Brooklyn Blvd. CIGARETTE American Amusement Arcades 850 Decatur Ave. N. Applebee's 1347 Brookdale Center Consumer Vending 2828 Lyndale Ave. S. Bridgeman's 6201 Brooklyn Blvd. Hiawatha Rubber 1700 67th Ave. N. Mikros Engineering 3715 50th Ave. N. The Gift Shop 2200 Freeway Blvd. FOOD ESTABLISHMENT Gloria Jean's Coffee Bean 1119 Brookdale Center ITINERANT FOOD ESTABLISHMENT Orchard Lane School 6201 Noble Ave. N. NONPERISHABLE VENDING MACHINES Ala -Carte Vending Systems, Inc. 2550 Kasota Ave. Health One 2810 Co. Rd. 10 Modern Control 6820 Shingle Creek Pkwy. American Vending Company P. 0. Box 511 Sears Automotive Brookdale Center Bro- Midwest Vending Company 9110 Grand Ave. S. American Legion 4307 70th Ave. N. Beacon Bowl 6525 Lyndale Ave. N. Days Inn 1501 Freeway Blvd. Pilgrim Cleaners 5748 Brooklyn Blvd. Brooklyn Center Service 6245 Brooklyn Blvd. Canteen Company of MN, Inc. 6200 Penn Ave. S. Medtronics 6700 Shingle Creek Pkwy. Consumer Vending 3014 Lyndale Ave. S. Target Stores 6701 Parkway Circle D. L. Service Co. 2516 83rd Ave. N. Lowell's Automotive 6211 Brooklyn Blvd. Earle Brown Bowl 6440 James Circle Iten Chevrolet Co. 6701 Brooklyn Blvd. Lynbrook Bowl, Inc. 6357 North Lilac Drive Northern States Power 4501 68th Ave. N. Service America Corporation 7490 Central Ave. NE Dayton's 1100 Brookdale Center Graco 6820 Shingle Creek Pkwy. 2/13/89 -3- MTC 6845 Shingle Creek Pkwy. Theisen Vending Company 3804 Nicollet Ave. S. Brookdale Ford 2550 County Road 10 Budgetel Inn 6415 James Circle Econo Lodge 6445 James Circle Holiday Inn 2200 Freeway Blvd. Bill West's Service Center 2000 57th Ave. N. Twin City Vending Co., Inc. 1065 East Highway 36 Group Health, Inc. 6845 Lee Ave. N. Sears 1297 Brookdale Center Woodside Enterprises 11889 65th Ave. N. Brooklyn Center City Hall 6301 Shingle Creek Pkwy. Brooklyn Center Police 6301 Shingle Creek Pkwy. PERISHABLE VENDING MACHINES Ala -Carte Vending Systems, Inc. 2550 Kasota Ave. N. Modern Control 6820 Shingle Creek Pkwy. American Vending Company P. 0. Box 511 Sears Automotive Brookdale Center Bro- Midwest Vending Company 9110 Grand Ave. S. Beacon Bowl 6525 Lyndale Ave. N. Canteen Company 1091 Pierce Butler Route Ault, Inc. 1600 Freeway Blvd. Canteen Company of MN, Inc. 6300 Penn Ave. S. Medtronics 6700 Shingle Creek Pkwy. Consumer Vending 3014 Lyndale Ave. S. Target Stores 6701 Parkway Circle Hiawatha Rubber 1700 67th Ave. N. Mikros Engineering 3715 50th Ave. N. Iten Chevrolet Co. 6701 Brooklyn Blvd. Jimmy Jingle 1304 East Lake Street Brookdale Corporate Center 6300 Shingle Creek Pkwy. Builders Square 3600 63rd Ave. N. Fingerhut Telemarketing 6860 Shingle Creek Pkwy. Palmer Lake Plaza 6860 Shingle Creek Pkwy. TCR Corporation 1600 67th Ave. N. Norc roft t 229 South 4th Street Brooklyn Center High School g 6500 Humboldt Ave. N. Service America Corporation 7490 Central Ave NE Dayton's 1100 Brookdale Center Graco 6820 Shingle Creek Pkwy. MTC 6845 Shingle Creek Pkwy. Theisen Vending Company 3804 Nicollet Ave. N. Budgetel Inn 6415 James Circle Twin City Vending Co., Inc. 1065 E. Highway 36 Sears 1297 Brookdale Center READILY PERTSHABLE FOOD VEHICLE Bridgeman's 6201 Brooklyn Blvd. Tombstone Pizza Corporation 6850 Shingle Creek Pkwy. 2/13/89 -4- � SIGN HANGER Schad -Tracy Signs 1654 E. Cliff Road SPECIAL FOOD HANDLING ESTABLISHMENT The Gift Shop 2200 Freeway Blvd. Gift Shop, Too 1501 Freeway Blvd. Maid of Scandinavia Company 5717 Xerxes Ave. N. Best Products Co., Inc. 5925 Earle Brown Drive Kay -Bee Toy & Hobby 1320 Brookdale Center Ideal Drug 6800 Humboldt Ave. N. Snyder Brothers Drug Store 1296 Brookdale Center Fun Services, Inc. 3615 50th Ave. N. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Approving Contract for Consulting Engineering Services Relating to Reconstruction of West River Road (Old T.H. 252) from 66th Avenue North to 73rd Avenue North (Improvement Project No. 1988- 18). He explained the proposed concept development meeting will be held with the neighborhood on March 9, 1989, and a preliminary design meeting will be held with the neighborhood in mid -May. The Director of Public Works explained the consultant will be working with both Brooklyn Center and Brooklyn Park on this project. He stated the construction costs for the project would be approximately $750,000. He noted approximately half of this cost would be paid by MNDOT. He explained the remainder of the costs would be taken care of by levying some special assessments and by the local municipal state aid street fund. A discussion then ensued relative to the initial agreement with MNDOT in which MNDOT expected to do all the design and reconstruction work. The Director of Public Works explained since the initial agreement, MNDOT has received additional funding; their staff is now working on extra projects and not available to follow through on this agreement. RESOLUTION NO 89 -25 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION APPROVING CONTRACT FOR CONSULTING ENGINEERING SERVICES RELATING TO RECONSTRUCTION OF WEST RIVER ROAD (OLD T.H. 252) FROM 66TH AVENUE NORTH TO 73RD AVENUE NORTH (IMPROVEMENT PROJECT N0. 1988 - I8) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. The City Manager presented a Resolution Approving Contract for Consulting Engineering Services Relating to Preparation of a Study of the Brooklyn Center Municipal Water Supply System. The Director of Public Works stated staff is recommending a new study be conducted to reevaluate and update th, City's 1984 plans for improvements to the municipal water supply system. He Xplained the three major reasons for updating the 1984 plan are: 1. To reevaluate the plan with reference to high demands experienced during the drought of 1988. 2/13/89 -5- 2. To reevaluate the feasibility of providing treatment to the water supply system. He noted it is proposed to reevaluate the feasibility of installing an iron and manganese removal system. 3. To evaluate the system's ability to achieve compliance with new water supply standards as set by the U.S. EPA, in accordance with the amendments to the Safe Water Drinking Act as adopted by congress in 1986. The Director of Public Works stated an RFP was prepared and submitted to four engineering firms. After receiving proposals from the four firms, City staff evaluated the proposals and recommends the proposal submitted by Black and Veatch be accepted. Councilmember Pedlar inquired how staff arrived at 'the "not to exceed" figure. The Director of Public Works stated this figure was submitted by the company and not requested b the RFP q y He explained staff has carefully reviewed with Black and Veatch the full scope of the study, and Black and Veatch is very comfortable submitting its proposal with this "not to exceed" figure. Councilmember Lhotka inquired why staff is recommending treatment after all these years. He inquired if the water quality is getting worse in Brooklyn Center. The Director of Public Works stated the water quality is not worsening, but staff felt this was the opportune time to look into treatment as long as the water supply system is being reviewed because of the drought demands and the recently changed U.S. EPA regulations. RESOLUTION NO. 89 -26 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING CONTRACT FOR CONSULTING ENGINEERING SERVICES RELATING TO PREPARATION OF A STUDY OF THE BROOKLYN CENTER MUNICIPAL WATER SUPPLY SYSTEM The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. The City Manager presented a Resolution Establishing a 5 -Year Plan for Improvements to the Municipal State Aid Street System. The Director of Public Works stated the City was requested to submit a 5 -year plan for construction on the City's municipal state aid street system. He went on to review the 5 -year plan which is summarized in the agenda materials. He explained this is a tentative schedule and in no way commits the City to proceed with any or all of the projects listed. RESOLUTION NO. 89 -27 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING A 5 -YEAR PLAN FOR IMPROVEMENTS TO THE MUNICIPAL STATE AID STREET SYSTEM The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. 2/13/89 -6- ORDINANCE The City Manager presented An Ordinance Amending Chapter 17 Relating to Personnel. He noted this ordinance was first read on January 23, 1989, published in the City's official newspaper on February 2, 1989, and is offered this evening for a second reading. He explained this ordinance amendment would allow employees to use accrued sick leave during their six month probationary period. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 17 Relating to Personnel and inquired if there was anyone present who wished to speak. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Pedlar to close the public hearing on An Ordinance Amending Chapter 17 Relating to Personnel. The motion passed unanimously. ORDINANCE NO. 89 -06 Member Gene Lhotka introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 17 RELATING TO PERSONNEL The motion for the adoption of the foregoing ordinance was duly seconded by member Jerry Pedlar, and the motion passed unanimously. PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO. 89001 SUBMITTED BY GORCO CONSTRUCTION REQUESTING VARIANCE APPROVAL TO ALLOW A SETBACK LESS THAN THE ORDINANCE REQUIRED 50' FROM COUNTY ROAD 57 FOR CONSTRUCTION OF A GARAGE AT 5658 LOGAN AVENUE NORTH The City Manager noted this item was discussed and tabled at the January 12, 1989, Planning Commission meeting and recommended for denial at the January 26, 1989, Planning Commission meeting. He added the Planning Commission did recommend an ordinance amendment pertaining to this item. The Director of Planning and Inspection referred the Council to pages one through three of the January 12, 1989, Planning Commission minutes and pages one and two of the January 26, 1989, Planning Commission minutes. He went on to briefly review the application and the standards which must be met for granting a variance. He explained the arguments which were made by Gorco Construction could not be found as hardships,' merely inconveniences. He went on to review the three findings relative to denial of Planning Commission Application No. 89001, those being: a. Setting the garage back 50' from 57th Avenue North presents difficulties which fall into the category of inconveniences, not a hardship as discussed in the ordinance standards for variances. b. The circumstances upon which the variance is based are not unique to the parcel of land in question but are common to other residential lots abutting major thoroughfares. 2/13/89 -7- c. Granting a variance would be detrimental to the public welfare by undermining the required setback for structures adjacent to major thoroughfares. The Director of Planning and Inspection went on to briefly review the proposed I ordinance amendment which would exempt accessory structures in any yards from the requirement of the major thoroughfare setback. He added staff will continue to study the major thoroughfare designations and definitions and make various recommendations for change to the City Council in the near future. He noted a public hearing has been scheduled this evening pertaining to Planning Commission Application No. 89001, and the appropriate notices have been sent. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 89001 submitted by Gorco Construction requesting variance approval to allow a setback less than the ordinance required 50' from County Road 57 for construction of a garage at 5658 Logan Avenue North. He 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. There was a motion by Councilmember Lhotka and seconded by Councilmember Pedlar to close the public hearing on Planning Commission Application No. 89001. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Paulson to deny Planning Commission Application No. 89001 subject to the three findings listed by the Director of Planning and Inspection. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Pedlar to approve for first reading An Amending Chapter 35 of the City Ordinances Regarding Major Thoroughfare Setbacks and setting a public hearing date for March 13, 1989, at 7:30 p.m. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:29 p.m. and reconvened at 8:48 p.m. RESOLUTIONS CONTINUED The City Manager presented a Resolution Approving Supplemental Agreement No. 3 to Contract 1988 -H (for Improvements on Logan Avenue North on France g n e Avenue North, on Lakebreeze Avenue North, and on 50th Avenue North). Councilmember Lhotka stated he did not understand the high overrun on this project and requested an explanation from the Director of Public Works. The Director of Public Works stated during construction of these projects, a large number of changes were required which resulted in significant contract cost increases. He noted the changes could be categorized into nine groups and went on to review each of the groups. The EDA Coordinator entered the meeting at 8:50 p.m. 2/13/89 -8- The Director of Public Works noted in addition to the items included in this proposed supplemental agreement, the contractor has submitted claims relating to three items which have not been resolved. He stated the contractor is requesting $16,482.46, and staff is recommending a payment totaling $11,103.55 for these items. He noted if an agreement cannot be reached by direct negotiations between City staff and the contractor, the City will have to initiate arbitration proceedings. RESOLUTION NO. 89 -28 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 3 TO CONTRACT 1988 -H (FOR IMPROVEMENTS ON LOGAN AVENUE NORTH, ON FRANCE AVENUE NORTH, ON LAKEBREEZE AVENUE NORTH, AND ON 50TH AVENUE NORTH) The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. The City Manager presented a Resolution Regarding Funding for Street and Highway Construction Program in State of Minnesota. RESOLUTION NO. 89 -29 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION REGARDING FUNDING FOR STREET AND HIGHWAY CONSTRUCTION PROGRAM IN STATE OF MINNESOTA The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. The City Manager presented a Resolution Requesting the Shingle Creek Watershed Management Commission to Conduct a Feasibility Study for Implementation of the Twin Lakes /Ryan Lake Outlet Modification. The Director of Public Works briefly reviewed the Twin Lakes /Ryan Lake outlet area and the history of flooding and prolonged periods of high water. He explained the Shingle Creek Watershed Management Commission has recently completed a special study of the Twin Lakes /Ryan Lake outlet modification. He stated this study describes a system of improvements that can be made which will somewhat lower the maximum high water level in these lakes and substantially reduce the length of time during which the lake levels remain high following a heavy run off while maintaining the same "run out elevation" to assure that the lake levels during normal and dry periods are no lower than they are with the present outfall system. The Director of Public Works stated the proposed feasibility study will look at what is the Shingle Creek Watershed Commission's share of these costs and what the City will pay. RESOLUTION NO. 89 -30 Member Jerry Pedlar introduced the following resolution and moved its adoption: 2/13/89 -9- RESOLUTION REQUESTING THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION T0, CONDUCT A FEASIBILITY STUDY FOR IMPLEMENTATION OF THE TWIN LAKES /RYAN LAKE OUTLET MODIFICATION The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. DISCUSSION ITEMS STATUS REPORT ON HRG RECYCLING EFFORTS AND STATE RECYCLING LEGISLATION The City Manager stated the HRG has recently completed negotiations with a recycling contract vendor for providing services to Crystal, Brooklyn Center, and New Hope. The successful proposal was submitted by BFI, Inc. He added the HRG has also let a contract for purchasing recycling containers to Shamrock Industries. He noted Shamrock Industries is required to deliver sufficient numbers of containers to allow New Hope to start its recycling program in April, and the remainder of the contract is to be fulfilled by delivery within the month of May. The City Manager stated if the judge's ruling on the case brought by BFI against the HRG occurs in a timely fashion (early March), it would be possible for Brooklyn Center to proceed with a coordinated consortium refuse hauling system and recycling by approximately June or July of 1989. He noted a factor which must be considered is the county will be instituting an increase in the landfill dumping charges in approximately June or July, and this increase would translate into an approximate $60 per year increase for residential users. He explained it appears these increases will be passed on to the customers. He stated if the City were to start the recycling program in June or July and the refuse haulers passed on this landfill increase to its customers, the citizens would assume the increase was because of the recycling. He stated the City may have to implement the recycling program after the rates have risen so a decrease can be seen in the customer's bill. He noted some time in March he would be requesting the Council to make a firm decision. The City Manager briefly reviewed the proposed legislation pertaining to deposits for beverage containers. He noted while on the surface this legislation is well intended, it could have a devastating economic impact on the City's proposed recycling program and the programs already working in the metro area. A discussion then ensued relative to how passage of a beverage container deposit would affect the City's recycling efforts. There was a motion by Councilmember Lhotka and seconded by Councilmember Pedlar directing staff to inform the City's legislators of the Council's opposition to container deposit legislation and express the rationale for the City's opposition in the language contained in Josephine Nunn's article. The motion passed unanimously. 1990 PRELIMINARY BUDGET The City Manager explained because of the changes made by the Truth in Taxation bill, the City's budget process is moved ahead by approximately two months. The Finance Director went on to review the key dates for the budget process and noted basically the budget process is starting this evening. He explained staff 2/13/89 -10- would be meeting on February 27, 1989, to begin their actual planning for their departments. He noted this is a tentative schedule and is still subject to change. OTHER BUSINESS The City Manager stated following the City Council meeting and EDA meeting an executive session would be held to discuss the Kelly /Norton lawsuit. ADJOURNMENT There was a motion by Councilmember Paulson and seconded by Councilmember Lhotka to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10 p.m. City Clerk Mayor pro tem 2/13/89 -11-