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Home My WebLink About1989 03-27 CCM Regular Session f 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 27, 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 7:05 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, Director of Planning and Inspection Ron Warren, 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 stated he would like item 7a removed from the consent agenda and inquired if any Councilmembers requested any items removed. No other requests were made. APPROVAL OF MINUTES - MARCH 13 1989 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the minutes of the March 13, 1989, City Council meeting. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 89 -50 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR ONE 3/4 -TON PICKUP TRUCK AND ONE 1 -TON DUMP TRUCK WITH UTILITY DUMP BOX The motion for the adoption of the foregoing resolution was duly seconded by ` member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 89 -51 Member Celia Scott introduced the following resolution and moved its adoption: 3/27/89 -1- RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR REHABILITATION OF WELLS NO. 2 AND 3 (IMPROVEMENT PROJECT NO. 1988 -22) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 89 -52 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING MNDOT AGREEMENT NO. 65711 PROVIDING FOR COST PARTICIPATION IN DESIGN 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) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 89 -53 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 21 THROUGH JUNE 25 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 89 -54 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF 6,000 FEET OF FIRE HOSE The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO 89 -55 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: FOOD ESTABLISHMENT Applebee's 1347 Brookdale Center Arby's 1341 Brookdale Center Bakers Square Restaurant 5601 Xerxes Avenue N. Berean Evangelical Free Church 6625 Humboldt Avenue N. 3/27/89 -2- Breaktime Services 6660 Shingle Creek Pkwy. Bridgeman's 1272 Brookdale Center Bridgeman's 6201 Brooklyn Blvd. Brook Park Baptist 4801 63rd Avenue N. Brookdale Assembly of God 6030 Xerxes Avenue N. Brookdale Christian Center 6030 Xerxes Avenue N. Brookdale Cinema 5801 John Martin Drive Brooklyn Center American Legion #630 4307 70th Avenue N. Brooklyn Center High School 6500 Humboldt Avenue N. Burger King 6110 Brooklyn Blvd. Country Club Market 5715 Morgan Avenue N. Country Store 3610 63rd Avenue N. Cross of Glory Lutheran Church 5929 Brooklyn Blvd. Days Inn 1501 Freeway Blvd. Denny's Restaurant 3901 Lakebreeze Avenue N. Duke's Amoco 6501 Humboldt Avenue N. Earle Brown Bowl 6440 James Circle Earle Brown Commons 6100 Summit Drive Earle Brown Elementary School 5900 Humboldt Avenue N. 50's Grill 5524 Brooklyn Blvd. Kim Fung 5704 Morgan Avenue N. Garden City School 3501 65th Avenue N. Ground Round, Inc. 2545 County Road 10 Hickory Farms Kiosk in Brookdale Mall Kentucky Fried Chicken 5512 Brooklyn Blvd. Korean Presbyterian Church 6830 Quail Avenue N. Lutheran Church of the Triune God 5827 Humboldt Avenue N. Neil's Total 1505 69th Avenue N. Northbrook Alliance Church 6240 Aldrich Avenue N. Nutrition World 1271 Brookdale Center Orchard Lane School 6201 Noble Avenue N. J. C. Penney 1265 Brookdale Center Price Candy Company Brookdale Center Red Lobster Restaurant 7235 Brooklyn Blvd. Rocky Rococo 1267 Brookdale Center St. Alphonsus Church 7025 Halifax Avenue N. Scoreboard Pizza 6816 Humboldt Avenue N. Sears, Roebuck and Co. 1297 Brookdale Center Super America Service Station 6545 West River Road Super America Service Station 1901 57th Avenue N. Taco Bell 1150 Brookdale Center Taco Bell 5532 Brooklyn Blvd. Target 6100 Summit Drive N. Tombstone Pizza Corporation 6850 Shingle Creek Pkwy. ITINERANT FOOD ESTABLISHMENT Brooklyn Center American Legion William Vetter 5921 Lyndale Avenue N. MECHANICAL SYSTEMS Able Mechanical Services 8701 Hillswick Trail All Season Comfort, Inc. 55 Mound Street 3/27/89 -3- h Allan Mechanical, Inc. 6020 Culligan Way American Burner Service 601 North Prior Avenue Louis Degidio, Inc. 6501 Cedar Avenue S. Ditter, Inc. 820 Tower Drive Harris Mechanical Contracting Co. 2300 Territorial Road Maple Grove Heating and A/C 8870 Zealand Avenue N. Milts Gas Heating Service, Inc. 2500 Longview Drive Minnegasco 291 South Seventh St. Noel's Heating and A/C Inc. 4920 Zachary Lane N. Owens Services Corporation 930 East 80th Street P. & H. Services Co., Inc. 208 73rd Avenue N. Pride Mechanical, Inc. 3025 NE Randolph St. Rapid Heating and Air Conditioning 5514 34th Avenue N. Sedgwick Heating & Air Cond. Co. 8910 Wentworth Ave. S. Standard Heating & Air Cond. Co. 410 West Lake Street Superior Contractors, Inc. 6121 42nd Avenue N. Thermex Corporation 4850 Park Glen Road Fred Vogt & Co., Inc. 3260 Gorham Avenue Yale, Inc. 9649 Girard Avenue S. READILY PERISHABLE FOOD VEHICLE Metz Baking Co. - Taystee Bread 4215 69th Avenue N. RENTAL DWELLINGS Initial: Ron and Ruth Shodeen 5448 Dupont Avenue N. Lyle Miller and Russell Domke 3513 47th Avenue N. Renewal: Miller Management Company Willow Lane Apartments r Luann Falencz kowski y 6000 Abbott Avenue N. Boyer Palmer 6101 Beard Avenue N. C. C. Hogen 5030 Brooklyn Blvd. Curtis & Audrey Cady 6915 Brooklyn Blvd. Earl James Backer 7018 Brooklyn Blvd. d. Dennis F. Deering 5409 Fremont Avenue N. Richard Olson 5818 Humboldt Avenue N. Nelson S. Gregg 6715 Humboldt Avenue N. William F. & Bonnie L. Shutte 6717 Humboldt Avenue N. William F. & Bonnie L. Shutte 6719 Humboldt Avenue N. Nelson S. Gregg 6721 Humboldt Avenue N. Roland Scherber 4714 Lakeview Avenue N. William P. Kelly 5724 Logan Avenue N. Richard Bergstrom 5400 Russell Avenue N. Julie Haugen and Sharon Haugen 4806 Twin Lake Avenue N. Deep Root Investments 6908, 6912 Unity Avenue N. Joseph Veidel 7104 Unity Avenue N. Fred Beier 5300, 04 Vincent Avenue N. Harold Swanson 7230 West River Road Harold Swanson 7250 West River Road Raymond and Betty Anderson 7113 Willow Lane Robert and Patricia Bobleter 4807 Wingard Place 3/27/89 -4- f i Catherine P. Shefeluk 3018 51st Avenue N. Larry Pederson 5401 63rd Avenue N. E George T. Hanson 1510 69th Avenue N. SIGN HANGER Arrow Sign Company 18607 Highway 65 NE Naegele Outdoor Advertising Co. 1700 West 78th Street Suburban Lighting, Inc. 6077 Lake Elmo Avenue N. SWIMMING POOL Realty Management Services, Inc. Beach Condominiums L & D Management Chippewa Park Apartments Earle Brown Farm Apartments 1701, 07 69th Avenue N. Norman Chazin Four Court Apartments Redevco, Inc. Marvin Garden Townhouses Moorwood Homeowners Association Moorwood Town Houses Norman Chazin North Lyn Apartments Norman Chazin Northbrook Apartments The motion passed unanimously. MAYORAL APPOINTMENTS Mayor Nyquist noted he had received two additional applications which were not included in the Council packets. He inquired if the Councilmembers wanted to approve the commission appointments this evening or wait until the next meeting. There was a general consensus among Councilmembers to approve the commission appointments this evening. There was a motion by Councilmember Lhotka and seconded by Councilmember Pedlar to appoint Pamela Frantum and Neal Nelson to the Housing Commission. The motion passed unanimously. There was a motion by Councilmember Paulson and seconded by Councilmember Lhotka to appoint Mona Heitzig to the Human Rights and Resources Commission. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Approving Proposed Program for Year XV Urban Hennepin County Community Development Block Grant Funds and Authorizing Its Submittal. The EDA Coordinator stated the City of Brooklyn Center will receive $202,316 from Year XV of the Community Development Block Grant Program. He noted a new program which is being recommended this year is the scattered site acquisition program which will provide a source of funding to acquire distressed properties in Brooklyn Center. RESOLUTION NO. 89 -56 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PROPOSED PROGRAM FOR YEAR XV URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING ITS SUBMITTAL 3/27/89 -5- I 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 Authorizing the Establishment of a Recycling /Refuse Collection Utilities Fund. The Finance Director stated it is necessary to establish this fund to account for the expenditure of funds and the billing /collection activity. RESOLUTION N0. 89 -57 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A RECYCLING /REFUSE COLLECTION UTILITIES FUND 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 to Elect Not to Enforce the Mandatory Retirement Age for Certain Volunteer Firefighters. RESOLUTION NO. 89 -58 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION TO ELECT NOT TO ENFORCE THE MANDATORY RETIREMENT AGE FOR CERTAIN VOLUNTEER FIREFIGHTERS The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RECESS TO ECONOMIC DEVELOPMENT AUTHORITY MEETING The Brooklyn Center City Council recessed at 7:14 p.m. and reconvened at 7:50 p.m. PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO. 89010 SUBMITTED BY BEISNER LTD. ZIM COMPUTERS REQUESTING SPECIAL USE PERMIT APPROVAL TO ALLOW RETAIL SALES OF COMPUTERS AS A SECONDARY USE TO A WHOLESALE BUSINESS IN 6601 SHINGLE CREEK PARKWAY The City Manager noted this item was recommended for approval by the Planning Commission at its March 16, 1989, meeting. The Director of Planning and Inspection directed the Mayor and Councilmembers to pages two through four of the March 16, 1989, Planning Commission minutes and information sheet. He briefly reviewed the site location and noted this proposed use is an allowed special use in the I -1 zone. He noted there is a parking agreement governing the parking allocation in the central parking lot for Parkway Place, Shingle Creek Eleven, and the Holiday Inn which should be amended before permits are issued. He went on to explain there were three conditions recommended for approval of the application and reviewed them for the Council. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 89010 submitted by Beisner Ltd. /Zim Computers and 3/27/89 -6- inquired if there was anyone present who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on Planning Commission Application No. 89010. The motion passed unanimously. The City Attorney noted there should be a clarification of the wording "nontransferable." The Director of Planning and Inspection stated this is a standard condition which is used in special use permits. The City Manager stated it may be best to have the City Attorney's office review this condition. y h c n i y There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve Planning Commission Application No. 89010 submitted by Beisner Ltd. /Zim Computers subject to the following conditions: 1. The special use permit is issued to Zim Computers to comprehend retail sales of computers as a secondary use within their tenant space at 6601 Shingle Creek Parkway. No other uses are comprehended and the special use permit is nontransferable. 2. The Easement Agreement and Declaration governing the parking allocation in the central parking lot serving Parkway Place, Shingle Creek Eleven, and the Holiday Inn shall be amended to accord Parkway Place a minimum of six (6) additional parking stalls from the central lot. Said amendment shall be approved by the City Attorney and filed at the County prior to issuance of the special use permit and prior to issuance of any related building permit. 3. The special use permit is subject to all applicable codes, ordinances, and regulations. Any violation thereof may be grounds for revocation. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:12 p.m. and reconvened at 8:24 p.m. DISCUSSION ITEMS CIVIC CENTER SPACE NEEDS STUDY REPORT The City Manager noted in July of 1988, the City Council executed a contract with Carlson Mjorud Architecture Ltd. (CMA) for the first phase architectural services relating to the development of a senior center complex, field house /athletic facility, and the expansion of City Hall. He noted the first phase study has now been completed, and a copy of the consultant's report is attached. He noted there are representatives of CMA present this evening, and they are prepared to present and discuss the report. He noted staff does not expect approval this evening, and he would like to take a walking tour of the buildings at a later date. 3/27/89 -7- i i Mr. Al Mjorud of CMA stated the project was based on input from a number of people within the City staff. He noted CMA found the space needs for the years 0 -10 and 10 -20 to be very close. He stated there is not a significant amount of additional needs 20 years in the future than there is right now. He went on to review the questions which were answered by the study. He then briefly reviewed each departments present space allocation and the findings of the report. a Councilmember Scott stated she is concerned with the soil boring costs and j inquired if the proposed estimate would cover these costs. Councilmember Pedlar inquired if staff is sure that the space we presently have is being used to its fullest extent. The City Manager stated he is sure after taking a walking tour through the facilities, the Council will find it quite evident there are space shortages in most every department. REVIEW OF CITY OF BROOKLYN CENTER PRIORITIES LIST The City Manager noted this is basically an update on the priorities listing which was created at the Planning Session in 1988. He explained under the top priorities category, the Earle Brown Farm project plans to be breaking ground in late April or early May. He noted bids would be taken on this project on April 5. He then went on to review the status of the other top and high priorities. Councilmember Pedlar inquired how the top and high priorities are defined and what the difference is between the two. The City Manager went on to explain the process which has been used the past two years in developing the priorities list and noted the Council will be receiving more information on the 1989 Planning Session within the month. WEED CUTTING CHARGES - 1989 Councilmember Lhotka stated he feels the City should recover the costs that are expended for running the program. The EDA Coordinator explained his proposal for adding an additional service charge to those properties which must be notified a second time within one season to cut their weeds. A brief discussion then ensued regarding the charges which will be added to the weed cutting fees. There was a motion by Councilmember Lhotka and seconded by Councilmember Pedlar to approve the new procedure for weed cutting charges. The motion passed unanimously. PROPOSED REAL ESTATE PROPERTY TAX RESTRUCTURING PLAN The City Manager referred the Mayor and Councilmembers to a letter and proposal which were sent to him by the City of Bloomington. He noted the proposal represents a significant departure from the current property tax system and noted he believes it is a step in the right direction. OTHER BUSINESS Mayor Nyquist stated at a recent Earle Brown Days Committee meeting they discussed the grand opening of the Earle Brown Heritage Center. He inquired if the City should be considering a grand opening event as a budget item for 1990. The City Manager stated this would be considered under the EDA budget. Mayor Nyquist stated the Brooklyn Center Prayer Breakfast has been planned for April 15 and asked the Council to pass a proclamation regarding the Brooklyn Center Prayer Breakfast. 3/27/89 -8- PROCLAMATION Councilmember Celia Scott introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING APRIL 15, 1989, AS A DAY OF SPIRITUAL REDEDICATION IN I �S BROOKLYN CENTER The motion for the adoption of the foregoing proclamation was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Manager noted the Director of Public Works requested a resolution be approved this evening authorizing execution of an easement agreement between the City of Brooklyn Center and Robert and Michelle Milavetz. He noted the easement is needed to allow for completion of a trail on the south side of 57th Avenue North from Lilac Drive to Logan Avenue North. RESOLUTION NO. 89 -59 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF EASEMENT AGREEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Paulson to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:34 p.m. City Clerk May 3/27/89 -9-