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HomeMy WebLinkAbout1989 03-13 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 MARCH 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 7:03 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Todd Paulson, and Jerry Pedlar. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, City Attorney Charlie LeFevere, and Administrative Aide Patti Page. INVOCATION The invocation was offered by Mayor Nyquist. Mayor Nyquist noted members of the Brooklyn Center Prayer Breakfast Committee would be handling the invocation again this year. 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. Councilmember Lhotka requested item 9c be removed from the consent agenda. RESOLUTIONS RESOLUTION NO. 89 -37 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING THE 1989 TREE REMOVAL PROGRAM, APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1989 -03, CONTRACT 1989 -B The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 89 -38 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RELATING TO A CERTAIN LOST BOND: AUTHORIZING THE ISSUANCE OF A DUPLICATE 3/13/89 -1- The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 89 -39 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) TOW TYPE AUGER PAVER The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 89 -40 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH HENNEPIN COUNTY ALLOWING THE POLICE DEPARTMENT ACCESS TO COMPUTERIZED COUNTY COURT DATA FILES The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motio n . assed unanimously. y RESOLUTION NO. 89 -41 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING SURPLUS PROPERTY The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. LICENSE TO UTILIZE EXPLOSIVES FOR THE HOWE COMPANY There was a motion by Councilmember Scott and seconded by Councilmember Paulson to approve the license to utilize explosives for the Howe Company. The motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Paulson to approve the following list of licenses: FOOD ESTABLISHMENT Alano Society 4938 Brooklyn Blvd. Brooklyn Center Athletic Boosters 6500 Humboldt Ave. N. Brooklyn Center Babe Ruth Evergreen Park Brooklyn Center Babe Ruth Grandview Park Brooklyn Center Baptist Church 5840 Humboldt Ave. N. Brooklyn Center Community Center 6301 Shingle Creek Pkwy. Community Emergency Assistance Program 7231 Brooklyn Blvd. Davanni's 5937 Summit Drive Donut Delight 6838 Humboldt Ave. N. Econo Lodge 6445 James Circle Evergreen Park Elementary School 7020 Dupont Ave. N. Harron United Methodist Church 5452 Dupont Ave. N. 4 3/13/89 -2- Hiway 100 N. France Health Club 4001 Lakebreeze Ave. N. La Casita Mexican Restaurant 2101 Freeway Blvd. Northport Elementary School 5421 Brooklyn Blvd. Num Num Foods, Inc. Brookdale Center Pizza Hut, Inc. 6000 Shingle Creek Pkwy. Spiritual Life Ministries 6500 Shingle Creek Pkwy. Willow Lane PTA 7020 Perry Ave. N. Willow Lane School 7020 Perry Ave. N. ITINERANT FOOD ESTABLISHMENT Brooklyn Center Lioness 5324 Oliver Ave. N. MECHANICAL SYSTEMS Air Conditioning Associates, Inc. 689 Pierce Butler Route Centraire, Inc. 7402 Washington Ave. S. Excel Air Systems 1408 Sylvan Street Golden Valley Heating & Air Cond. 5182 West Broadway McGuire Mechanical Services, Inc. 20830 Holt Avenue Metropolitan Mechanical Contractors 7340 Washington Ave. S. Northeast Sheet Metal, Inc. 4347 Central Avenue NE Royalton Heating & Cooling Co. 4120 85th Ave. N. NONPERISHABLE VENDING MACHINES A & J Enterprises 6843 Washington Ave. S. Best Products Co. 5925 Earle Brown Drive Hoffman Engineering 6530 James Ave. N. Principal Financial 6160 Shingle Creek Pkwy. Ryan Management 6160 Shingle Creek Pkwy. Ryan Management 6200 Shingle Creek Pkwy. Bob Ryan Oldsmobile 6700 Brooklyn Blvd. PERISHABLE VENDING MACHINES A & J Enterprises 6843 Washington Ave. S. Best Products Co. 5925 Earle Brown Drive Hoffman Engineering 6530 James Ave. N. Ryan Management 6160 Shingle Creek Pkwy. Ryan Management 6200 Shingle Creek Pkwy. Bob Ryan Oldsmobile 6700 Brooklyn Blvd. SPECIAL FOOD HANDLING ESTABLISHMENT Burger Brothers 5927 John Martin Drive SWIMMING POOL Village Properties Evergreen Park Manor The motion passed unanimously. PRESENTATION - CHARTER COMMISSION - RETIRING MEMBER The City Manager stated Marie Castle from the Charter Commission would be retiring from the commission. Councilmember Paulson thanked Ms. Castle for her many years of public service. Mayor Nyquist presented a plaque to Ms. Castle. 3/13/89 -3- APPROVAL OF MINUTES - FEBRUARY 27 1989 - REGULAR SESSION There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to approve the minutes of the February 27, 1989, City Council meeting. The motion passed. Mayor Nyquist and Councilmember Lhotka abstained from the vote as they were not present at the meeting. PERFORMANCE BOND REDUCTION - BROOKLYN CROSSING OFFICE PARK There was a motion by Councilmember Lhotka and seconded by Councilmember Pedlar to reduce the performance guarantee for the Brooklyn Crossing Office Park, 3200- 3280 County Road 10, to $30,000. The motion passed unanimously. _R ESOLUTIONS (CONTINUED) The City Manager presented a Resolution Amending Fee Schedules Relating to 1989 Tree Removal Program. Councilmember Scott stated she would recommend the administrative fee for private property tree /stumps be increased to $42 and the administrative fee for boulevard tree /stumps be increased to $21. RESOLUTION NO. 89 -42 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING FEE SCHEDULES FOR THE ADMINISTRATION OF TREE REMOVAL ACCOUNTS 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 Establishing Project No. 1989 -04, Installation of Radiant Heating System for City Garage, and Approving Contract for Engineering Services Relating Thereto. He noted there is an appropriation included in the 1989 budget for this project. Councilmember Lhotka inquired if the $2,500 construction inspection services fee is included in the $25,500 appropriation. The Director of Public Works responded affirmatively. RESOLUTION NO. 89 -43 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT NO. 1989 -04, INSTALLATION OF RADIANT HEATING SYSTEM FOR CITY GARAGE, AND APPROVING CONTRACT FOR ENGINEERING SERVICES RELATING THERETO 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 Approving Plans and Specifications for the Improvement of CSAH 10, Hennepin County Project No. 8716, Brooklyn Center Improvement Project No. 1987 -23. He explained this project provides for the improvement of the intersection of CSAH 10 with Shingle Creek Parkway, including bridge deck widening and replacement, geometric improvements which include the construction of double left turn lanes for eastbound and westbound traffic, and the installation of a new traffic control signal system. The Director of Public Works went on to review the proposed improvements noting the new traffic signal system would allow for pedestrian crossing in all four directions. He added the 3/13/89 -4- next item on the agenda refers to the same project and pertains to the sharing of costs for this project. Councilmember Pedlar inquired when the project would begin. The Director of Public Works stated if the plans are approved soon, the County would hope to bid out the project in April or May. He stated there is a possibility the project could be delayed which would mean construction would begin in the spring of 1990. Councilmember Lhotka inquired what would cause the delay. The Director of Public Works stated the plans have been submitted to MNDOT for its review, and MNDOT has such a backlog of plans at this time of the year, it may not get to the County's plans in a timely manner. Councilmember Pedlar inquired if the City would be compounding traffic problems if this project were underway at the same time Xerxes Avenue North is closed. The Director of Public Works agreed it could create some problems. Councilmember Pedlar inquired if the Police and Fire Chief have been notified of this project. He stated he is concerned with the response time if both of these areas are under construction at the same time. The City Manager stated it is possible there could be a few more problems with both areas closed at the same time, but staff feels with a station on each side of the City it should be possible to avoid critical situations. HRG Administrator Tom Bublitz entered the meeting at 7:20 p.m. RESOLUTION NO. 89 -44 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF CSAH 10, HENNEPIN COUNTY PROJECT NO. 8716, BROOKLYN CENTER IMPROVEMENT PROJECT NO. 1987- 23 The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. RESOLUTION NO. 89 -45 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT NO. PW 09 -02 -89 WITH HENNEPIN COUNTY, PROVIDING FOR CITY PARTICIPATION IN THE COSTS OF HENNEPIN COUNTY PROJECT NO. 8716, BROOKLYN CENTER IMPROVEMENT PROJECT NO. 1987 -23 The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 89 -46 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MARIE CASTLE The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 3/13/89 -5- ORDINANCE The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding Major Thoroughfare Setbacks. He noted this ordinance was first read on February 13, 1989, published in the City's official newspaper on February 23, 1989, and is offered this evening for a second reading. Mayor Nyqui.st opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances es Re ardin Ma " Regarding or J Thoroughfare Setbacks 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 Scott and seconded by Councilmember Paulson to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding Major Thoroughfare Setbacks. The motion passed unanimously. ORDINANCE NO. 89 -08 Member Gene Lhotka introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING MAJOR THOROUGHFARE SETBACKS The motion for the adoption of the foregoing ordinance was duly seconded by member Jerry Pedlar, and the motion passed unanimously. DISCUSSION ITEMS LEGISLATIVE UPDATE The City Manager stated he had included a copy of the Cities Bulletin which provides a ood update on a g P 11 legislative matters. He stated if Council it is interested he would have copies of this p bulletin made available for them each week. There was a general consensus among ouncilmembers that copies of the e P h Cities Bulletin should be made available to them weekly. STORAGE OF COMMERCIAL AND RECREATIONAL VEHICLES IN RESIDENTIAL AREAS The City Manager stated this is back on the agenda as a request from Councilmember Pedlar. He reminded the Council the current ordinance would become effective on June 1, 1989. Councilmember Pedlar stated he believed when the issue was originally considered it stemmed from a noise concern. He stated he has received a number of calls from residents who use larger trucks or vans for their business and also from neighbors stating these particular vans or trucks are not problems in the neighborhood. He added he did not understand why the current ordinance was not enforceable by the Police Department. The City Manager went on to explain the procedure which must be used in order to enforce the noise ordinance. Councilmember Pedlar stated it appears the City will be penalizing a greater percentage of people because of problems created by a very few. Councilmember Lhotka agreed that the ordinance was passed because of a few people who abused the current ordinance. He stated at the time this issue was being reviewed, the Council reviewed many alternatives. He added he is sure there are people who do not bother neighbors with their large trucks or vans but yet there are others 3/13/89 -6- who abuse the ordinance. He stated passing this ordinance was very difficult, and he believed it was something that most of the Council really did not want to do. Councilmember Pedlar stated he feels the number of people who will be affected financially by this ordinance outweighs the number of people who cause the problems. Councilmember Scott stated she originally voted against the ordinance because she objects to the restrictions placed on small business people. She stated she has never received a call from anyone who has a problem or complaint with smaller vehicles. She added she felt the Council had good intentions when reviewing this issue but somehow went a bit too far. The City Manager stated when discussing an issue of this type a line has to be drawn at some point, and no matter where you draw that line you will be making someone unhappy. Councilmember Paulson stated he hates to open old wounds, but he feels both sides have not been completely addressed in this issue. He inquired if it would be possible to issue special use permits covering these vehicles. Mayor Nyquist inquired if the City could legally make the distinction between recreational vehicles and commercial vehicles. The City Attorney stated it would be difficult to make this distinction because in some cases recreational vehicles are more noisy than commercial vehicles. The City Manager explained Brooklyn Center's home occupation ordinance is more liberal than other cities and that could be why we have a problem with these vehicles. He added he would put together a packet of information which would contain the past ordinance proposals and a list of the complaints for the Council for its review. Councilmember Pedlar stated he basically sees this as two separate issues, those being, noise and aesthetic. He stated there must be some other alternatives for the aesthetic issue than to say all vehicles are not allowed. He stated he still has a few questions which he feels should be answered before the June 1, 1989, effective date. There was a brief discussion regarding enforcement of the current noise ordinance and how these complaints are handled. RECESS The Brooklyn Center City Council recessed at 8:17 p.m. and reconvened at 8:40 p.m. JOSELYN SITE CLEANUP PROCESS UPDATE The City Manager noted a copy of the news release from the MPCA was included in the Council packets. He noted the MPCA held an informational meeting regarding cleanup of this property. He explained the City and others have until March 21, 1989, to comment on the proposed cleanup or treatment plan. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott directing staff to send a letter of comment to the MPCA which approves the proposed treatment plan, asks the MPCA to allow for City input into the final grading plan for the site so as to assure proper surface water drainage, and that the final grade of the land farming treatment area does not needlessly inhibit future uses of the property. The motion passed unanimously. ESTABLISHING COLLECTION DISTRICTS FOR REFUSE AND RECYCLING MATERIALS The City Manager stated staff is recommending proceeding with the recycling program before a coordinated hauling program can be started. He noted recycling 3/13/89 -7- could begin in June or July. He noted in order to proceed with the recycling program, the Council will have to pass an ordinance directing all haulers to collect in certain districts on certain days. He noted the larger haulers will most likely not have a problem with the hauling districts, but it could create some problems for the smaller haulers. He noted at this time staff is unsure of exactly how it will affect the smaller haulers. He stated the one advantage to having the City of New Hope start before the City of Brooklyn Center is staff will be aware of what problems it creates for the smaller haulers. The HRG Administrator stated most of the haulers are expecting a change and are just waiting for it to happen. The City Manager stated the Finance Director has requested discussion and approval of two additional resolutions which pertain to the Fire Relief Association. The Finance Director explained in the first resolution, the City would be requesting exemption from the requirement that the Fire Department be placed into membership in the PERA Police and Fire fund. He noted if the Fire Department were placed into membership in this fund, it would be receiving PERA pension credit for work which is already covered under its own association pension plan. RESOLUTION NO. 89 -47 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING SPECIAL LEGISLATION TO EXEMPT VOLUNTEER FIREFIGHTERS FROM PUBLIC EMPLOYEES RETIREMENT ASSOCIATION (PERA) POLICE AND FIRE FUND MEMBERSHIP The motion for the adoption of. the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The Finance Director stated the next resolution is basically a housekeeping item which would request the legislature to eliminate a bill passed in 1967 which would allow the Fire Relief Association to operate under the legislation passed in 1979. RESOLUTION NO. 89 -48 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING SPECIAL LEGISLATION TO REPEAL MINNESOTA LAWS OF 1967, CHAPTER 815, PERTAINING TO THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. OTHER BUSINESS Mayor Nyquist stated he felt it would be appropriate for the Council to pass a resolution of thanks for the superb work done by the street crews after the recent snow storm. RESOLUTION NO. 89 -49 Member Gene Lhotka introduced the following resolution and moved its adoption: 3/13/89 -8- RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED SERVICE OF THE STREET MAINTENANCE DEPARTMENT The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. VOLUNTEER RECOGNITION DINNER The City Manager stated an appropriation had been approved in the 1989 budget for a volunteer recognition dinner. He stated this dinner is being planned for April 12, 1989. He noted members of the Council will be receiving invitations to this dinner. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Pedlar to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:07 p.m. L itV Clerk Mayo 3/13/89 -9-