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HomeMy WebLinkAbout1989 05-08 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 MAY 8, 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 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, Personnel Coordinator Geralyn Barone, and Administrative Aide Patti Page. INVOCATION The invocation was offered by Councilmember Scott. OPEN FORUM Mayor Nyquist recognized L.T. Merrigan. Mr. Merrigan stated he is legal counsel for Howard Atkins, E & H Properties. Mr. Merrigan noted it appears the first reading of the ordinance for the moratorium this evening has all come about because of a planning commission application which his client submitted. He stated he is concerned that the City Council is attempting to prohibit development in the area, and it appears that his client is the only one at which this ordinance is directed. He noted he would appreciate it if the City Council would allow the current application to go forward. Mayor Nyquist recognized Gene Kasmar, 5559 Lyndale Avenue North. Mr. Kasmar stated he was present this evening to register a protest against the City Council having an invocation at the beginning of its meetings. Mr. Kasmar went on to explain his reasoning for protesting the invocation at Council meetings, noting he felt it violated the Constitution. Mayor Nyquist recognized Marie Castle, 6221 Shingle Creek Parkway. Ms. Castle stated she too was present this evening to register a protest against the invocation at Council meetings. She stated she has a signed petition which she would like to leave for the Council. She noted many people she approached with the petition were too intimidated to sign it. She stated that while a number of people agreed with the concept of the petition, they were too uncomfortable to sign it. Mayor Nyquist then recognized Daniel Reiva, 1707 Amy Lane. Mr. Reiva stated he was shocked to learn that the Brooklyn Center City Council opened its meetings with a prayer. He noted as Ms. Castle stated intimidation is real in this issue, and the City Council is the cause of it by having an opening prayer. Mayor Nyquist stated the City has been advised by its legal counsel that an opening invocation for the Council meetings is admissable. The City Attorney 5 -1- noted the courts have found this practice to be allowed under the Constitution, and Congress itself opens with a prayer. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. Councilmember Pedlar request item 8d be removed. APPROVAL OF MINUTES - APRIL 24 1989 - REGULAR SESSION There was a motion by Councilmember Paulson and seconded by Councilmember Scott to approve the minutes of the April 24, 1989, City Council meeting. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 89 -83 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSALS AND AUTHORIZING EXECUTION OF CONTRACTS FOR FURNISHING AND INSTALLATION OF NEW LIGHTING SYSTEM IN CONSTITUTION HALL (IMPROVEMENT PROJECT NO. 1989 -05) - 1989 BUDGET ITEM The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 89 -84 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1989 GENERAL FUND BUDGET AND ACCEPTING PROPOSAL TO FURNISH AND INSTALL AUTOMATIC WATERING SYSTEM FOR CENTRAL PARK PLAZA (IMPROVEMENT PROJECT NO. 1989 -10) - 1989 BUDGET ITEM The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 89 -85 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION DENYING PRIVATE KENNEL LICENSE FOR MABEL RUSTAD, 5229 GREAT VIEW AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. LICENSES There was a motion by Councilmember Paulson and seconded by Councilmember Scott to approve the following list of licenses: CATERING FOOD VEHICLE Penguin Ice Cream 1461 Belmont Lane CIGARETTE Brooks Superette 6804 Humboldt Ave. N. 5/8/89 -2- FOOD ESTABLISHMENT Baskin Robbins 1277 Brookdale Center Boulevard Superette 6912 Brooklyn Blvd. Brooks Superette 6804 Humboldt Ave. N. Gloria Jean's Coffee Bean 1119 Brookdale Center Pizza Hut 5806 Xerxes Ave. N. ITINERANT FOOD ESTABLISHMENT Brooklyn Center Park & Recreation Central Park Brooklyn Center Park & Recreation Earle Brown Days Parade MECHANICAL SYSTEMS Air Comfort, Inc. 3944 Louisiana Circle Care Heating and Air Cond., Inc. 1211 Old Highway 8 Dependable Heating & Air Cond., Inc. 2619 Coon Rapids Blvd. Green Mechanical, h nical, Inc. 8811 E. Research Cntr. Rd. Igloo Heating and A /C, Inc. 11440 Lakeland Dr. N. Kraemer Heating 7441 Dallas Court Minnesota Heating & A/C 6908 Georgia Ave. N. Pfiffner Heating & Air Cond. 6301 Welcome Ave. N. Thompson Air, Inc. 5115 Hanson Court Ray Welter Heating Co. 4637 Chicago Avenue MOTOR VEHICLE DEALERSHIP Iten Chevrolet 6701 Brooklyn Blvd. SIGN HANGER Cragg, Inc. 7150 Madison Ave. W. Kaufman Sign Co. 315 Washington Ave. N. Lawrence Signs, Inc. 945 Pierce Butler Route Leroy Signs, Inc. 6325 Welcome Ave. N. Nordquist Sign Co., Inc 312 West Lake Street SPECIAL FOOD HANDLING ESTABLISHMENT Carson Pirie Scott 1200 Brookdale Center SWIMMING POOL Brookwood Estates 6201 North Lilac Drive Holiday Inn 2200 Freeway Blvd. The motion passed unanimously. i PRESENTATION - DECISION RESOURCES INC. - COMMUNITY SURVEY The City Manager stated the results are in from the community survey which was conducted by Decision Resources, Inc. He noted Bill Morris and Diane Traxler are present this evening to make a brief presentation on the survey. Mr. Morris stated 503 households were randomly surveyed within the City of Brooklyn Center. He noted the average length of the survey was 41 minutes, and the accuracy rate is plus or minus 4.5 %. Mr. Morris then went on to review select portions of the survey and noted the overall results were very positive. 5 -3- RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Amending the 1989 General Fund Budget and Accepting Proposal to Conduct a Study of General City Hall Office Space Needs. He noted in past discussions the Council inquired if we are currently utilizing the space to its fullest. He noted staff feels this study will give a good analysis of the utilization of space on the main floor. Councilmember Scott inquired what the City would receive for the $3,000 fee. The Director of Public Works stated a space analysis would be done along with a very preliminary rearrangement of office space. He noted the next step would be to obtain recommendations for remodeling and the necessary furniture. Councilmember Paulson inquired if the Council would still be getting a tour of City Hall. The City Manager stated he has been waiting for a light agenda to put the tour on the agenda. RESOLUTION NO. 89 -86 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 GENERAL CITY HALL OFFICE SPACE NEEDS 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 Amending the 1989 Pay Plan. The City Manager noted the City has been having problems recruiting for this position, and they feel it can be attributed to the low pay scale for the position. He noted it had been decided earlier that these salary ranges would be examined in early 1989. RESOLUTION NO 89 -87 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1989 PAY PLAN 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 Purchase of Software Program for the Fire Department. The City Manager noted in 1987 and 1988 funds were budgeted for a software program in the Fire Department. He noted at that time there was not a software program available that fit the City's needs. He stated at this time a program is available, and staff is seeking approval to purchase this software from the contingency fund. RESOLUTION N0. 89- 88 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1989 GENERAL FUND BUDGET AND ACCEPTING PROPOSAL TO PROVIDE COMPUTER SOFTWARE TO THE BROOKLYN CENTER FIRE DEPARTMENT 5/8/89 -4- 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 Accepting a Proposal for Professional Telephone Consulting Service and Authorizing the Mayor and City Manager to Sign a Contract. He noted the Economic Development Authority is requesting similar action this evening, and both resolutions should either be passed or denied. Councilmember Pedlar inquired what distinct advantage there is to hiring a consultant. The City Manager stated staff has spoken with a number of communities who have recently put in phone systems, and it seems the communities that did not use consultants experienced the luck of the draw. He noted if the community did not hire a consultant, but was fortunate enough to hire a good vendor, then good specs were written and a good system was purchased. He noted by hiring a consultant staff would receive some independent advice from someone who had knowledge of the technical advancement of phone systems over the years. The EDA Coordinator noted there would be a slight change to the resolution which would allow the money for this service to be taken from the contingency fund. RESOLUTION NO. 89 -89 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING A PROPOSAL FOR PROFESSIONAL TELEPHONE CONSULTING SERVICE; AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN A CONTRACT; AND TO AMEND 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. RESOLUTION NO. 89 -90 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR THE MODIFICATION OF THE PLAN FOR TAX INCREMENT FINANCING DISTRICT AND OF THE PROJECT PLAN FOR HOUSING DEVELOPMENT PROJECT The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. ORDINANCES The City Manager presented An Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety and Welfare of the Residents of the City, and Regulating and Restricting Certain Development at the Property Located at 6626 West River Road and All Land South of 66th Avenue and North of I -694 Lying between Willow Lane and T.H. 252. He noted this item is offered this evening for a first reading. He added an RFP would be available at the time of the public hearing and second reading for this ordinance. The Director of Planning and Inspection stated E & H Properties has submitted a new planning commission application for development on this site. Councilmember Scott inquired how this ordinance would affect the applicant. The Director of Planning and Inspection stated the ordinance would not take affect until after the second reading and publication. He noted, technically, the planning commission application should be on the next planning commission agenda, and if approved construction should be underway before the ordinance takes effect. He 5/8/89 _5_ noted any construction would be in direct conflict with the moratorium. There was a motion by Councilmember Pedlar to approve for first reading An Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety and Welfare of the Residents of the City, and Regulating and Restricting Certain Development at the Property Located at 6626 West River Road and All Land South of 66th Avenue and North of I -694 Lying between Willow Lane and T.H. 252. Mayor Nyquist seconded this motion for voting purposes. Councilmember Scott stated she did not believe there should be two processes going on at one time that are in direct conflict with each other. She stated she felt the Council should take care of the planning commission application before placing a moratorium on development. The City Manager noted the Council was in a very similar situation when Target stores submitted its planning commission application. He noted if the Council proceeds with the planning commission application, there would be no need to proceed with the moratorium. He stated usually the City would try to study an area before a project is proposed. The Director of Planning and Inspection went on to review the area in question and the recommendations from the neighborhood meetings. He noted one of the aspects of the moratorium is to decide what uses are best suited for the site. Upon vote being taken on the foregoing motion, the motion passed unanimously. The public hearing and second reading of this ordinance was set for June 12, 1989, at 7:30 p.m. RECESS The Brooklyn Center City Council recessed at 8:32 p.m. and reconvened at 8:48 p.m. The Director of Park and Recreation entered the meeting at 8:48 p.m. DISCUSSION ITEMS PARK AND RECREATION COMMISSION RECOMMENDATION FOR A FEASIBILITY STUDY FOR AN ICE ARE The City Manager stated the Park and Recreation Commission has recommended a feasibility study for an ice arena be approved and an appropriation of not more than $2,500 be approved for this study. He noted staff has reviewed this recommendation and believes $2,500 will not be enough to cover a complete feasibility study. He stated he would like to see this issue included in the park facility study. The City Manager noted Brooklyn Center School District has indicated some interest in this issue, but it has not yet been determined what the school district's role would be in this. He added it has also not yet been determined whether City funds can be used to improve school district properties. Mayor Nyquist recognized Noah Bridges, 6712 Emerson Avenue North. Mr. Bridges stated he believes there is enough interest from existing programs to demonstrate a need for this type of facility. He stated he felt this would draw people into the community, and he saw this as a good chance to draw young families into Brooklyn Center. Mayor Nyquist inquired if the facilit y would be 5/8/89 -6- self - supporting. Mr. Bridges stated it was hard to say at this time, but he believed the feasibility study would answer that question. Councilmember Pedlar questioned the comprehensiveness of the study which would cost $2,500. Mr. Bridges stated an incredible amount of leg work has already been completed for the architect which would help defray some of the costs. He noted he felt the high school would be a good site for the ice arena, and the Superintendent of School District #286 is 100% behind the feasibility study. Mr. Bridges noted the architect has done feasibility studies for multiuse facilities in the past, and he (the architect) felt $2,500 would cover a complete study. Mayor Nyquist inquired how the other arenas in the area are doing financially. Mr. Bridges stated from what he can ascertain, it appears they are running in the black. The City Manager stated one question the Council must keep in mind is, if the revenues do not meet the expenses who would pick up the bill. He noted it would boil down to two governmental bodies being responsible to finance the deficit. He noted if this is approved he would recommend the City take a larger role in the capital expenditure rather than the operational expenses. Councilmember Pedlar inquired how a multipurpose facility would come out financially. The City Manager stated his past experience shows that they are generally not self - supporting. Mr. Bridges stated he feels there is a unique situation at this time because there is an organization who is looking for 2,000 plus hours of ice time. Mayor Nyquist inquired when the organization would be interested in booking ice time. Mr. Tim Boyle stated the Minneapolis skating club would be looking for ice time early in the morning and at various times throughout bout the day. He stated that is a question Y• q n that would have to be looked into more closely. Councilmember Pedlar inquired what staff's recommendation for timing would be. The City Manager stated he would like to first speak with the school district to get their feelings on the issue. He noted he is aware that everyone is in a hurry, but there is a great need to have good economic information on the issue. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar directing the City Manager to review the issue of a proposed ice arena with the School District. The motion passed unanimously. CITY ENGINEER'S FEASIBILITY REPORT REGARDING PROPOSED TRAIL CONSTRUCTION ON NORTH LILAC DRIVE FROM CENTERBROOK GOLF COURSE TO CSAH 57 (57TH AVENUE NORTH) The City Manager noted in the agenda materials for this evening's meeting, an engineer's report was submitted which outlined three alternates for construction of the off - street bikeway and pedestrian trail from the Lions Park trail at Centerbrook club house to 57th Avenue North. The Director of Public Works stated the existing conditions were evaluated by Brooklyn Center engineering staff and Brauer & Associates during the winter of 1988 - 1989. He noted the following conditions were addressed: location of trail as it would relate to the existing slopes between T.H. 100 and North Lilac Drive; existing pavement grades and drainage on North Lilac Drive; and trail routing and slope treatment at the northerly end of North Lilac Drive and the off -ramp from T.H. 100 to 57th Avenue North. He then went on to review the three alternates for construction which were discussed in the engineer's report. 5/8/89 -7- The Director of Parks and Recreation, the EDA Coordinator, and the Personnel Coordinator left the meeting at 9:27 p.m. After review of the three alternates, the Director of Public Works stated staff is recommending the selection of alternate No. 1 on the basis that staff believes it provides a safe trailway, at a reasonable cost, with the lowest annual maintenance cost of any of the three alternates. He further noted regardless of which alternate is selected, the City must submit an application for an amendment to our existing permit from MNDOT for construction of the trail. He stated the City would have to receive its approval of that amendment before proceeding with final design and construction of the improvement. He added if approval is received from MNDOT City staff would then finalize the construction plans and specifications and submit them to the City Council for final approval. There was a brief discussion regarding the benefits of each alternate. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar tentatively approving alternate No. 1 and directing staff to obtain the required permit from MNDOT. The motion passed unanimously. PRELIMINARY REPORT AND COST ESTIMATE REGARDING PAVING OF FOUR UNPAVED ALLEYS The Director of Public Works briefly reviewed the history of alleys within the City of Brooklyn Center and the existing policies regarding alley improvements. He noted in 1978 the City Council initiated proceedings and conducted improvement hearings on a staff proposal to improve all unimproved alleys then remaining. He stated following those hearings, the City Council terminated proceedings on these projects primarily because of objections to the proposed assessments by a majority of the property owners. He stated in addition to the objections to special assessments, several other issues were raised during the proceedings. He then proceeded to review slides of each of the four alleys. The Director of Public Works stated in alley No. 1 which is located between Fremont and Emerson Avenues North from 55th to 57th Avenues North installation of a storm sewer is mandatory if the alley is to be improved, and staff is recommending paving it with concrete to allow for the best drainage. He stated alley Nos. 2 and 3 are also being strongly recommended for concrete paving. He noted No. 4 would be paved with bituminous. Councilmember Paulson inquired if improvement of these alleys would raise property values. The Director of Public Works stated he believed it would raise the property values. Councilmember Paulson inquired if there would be a need for speed bumps in these alleys. The Director of Public Works stated historically and consistently staff has recommended against speed bumps because staff does not feel they are effective with regard to violators. The Director of Public Works stated he recommends the City Council consider amending the City's existing policies and briefly reviewed some questions which should be considered. He stated there may be more support from the neighborhoods if the Policies were changed. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar directing staff to prepare an amendment to the policies and procedures pertaining to alley improvements and to incorporate into this amendment the 5 -8- following items: the cost of storm sewer construction would be paid for by the City of Brooklyn Center; two rates of assessment featuring a 60/40% split per buildable parcel for those property owners who have a garage on the alleyway and those who do not. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar tentatively approving the use of concrete on alley No. 1. The motion passed unanimously. ANNUAL PLANNING PROCESS UPDATE The City Manager stated he has tentatively set the date for the Annual Planning Session for June 1, 1989. He noted in 1988 the Annual Planning Session was held over two evenings, but he feels this year the session can be completed within one evening because he is suggesting use of a computer and new facilitator. There was a motion by Councilmember Paulson and seconded by Councilmember Pedlar setting the date for the Annual Planning Session for June 1, 1989. The motion passed unanimously. ESTABLISHMENT OF A CADET PROGRAM IN THE POLICE DEPARTMENT The City Manager briefly reviewed the proposed Cadet Program submitted by the Police Chief. He stated the Cadet Program would hire college students in their first year of college, and thus, build a pool of what staff believes would be qualified "protected class" candidates. He stated it would give staff a good solid look at potential Police Officer candidates; allow interested young people to get a feel for what police work is about; and present an opportunity to meet the City's equal opportunity employment guidelines. There was a brief discussion regarding the proposed duties of the Cadet Program. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to approve the Cadet Program and authorize the Police Department to implement the program in 1989. The motion passed unanimously. NATIONAL PRIMARY DRINKING WATER REGULATIONS ON MAXIMUM CONTAMINATION LEVELS FOR LEAD AND COPPER The Director of Public Works briefly reviewed the reports submitted pertaining to this agenda item. He stated there is universal support for the goals of the safe drinking water program. He added, however, evaluation of the proposed regulations by experts in the subject indicates that the proposed regulations are very unrealistic, that compliance would be very expensive, and compliance with the proposed regulation would not accomplish the goals of the program. He stated he has discussed this matter with staff and with Black & Veatch, the consultants for the City's current water supply study. He noted the City's major objection to the proposed regulations is that they assign responsibility for water quality at the tap (i.e. inside the home or business establishment) to the cities. He noted this is dramatic departure from the established policy that City's are responsible for water quality in the water mains, but property owners assume the responsibility for water service lines and in -house plumbing systems. He went on to explain adoption of the regulations which assign that responsibility to the City creates the following problems: it invades the 5/8/89 -9- privacy of private properties; it creates severe perception problems; and it raises a number of liability issues. RESOLUTION NO. 89 -91 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION OPPOSING PROPOSED NEW USEPA RULE FOR NATIONAL PRIMARY DRINKING WATER REGULATION The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. OTHER BUSINESS The City Manager stated during the past winter the Northbrook Shopping Center came under new ownership. He noted the City has operated a liquor store in this shopping center since 1971. He stated since November 1, 1987, the City has operated without a contract and has continued under the terms of the expired lease on a month -to -month basis. He explained a new lease has recently been negotiated, and staff is requesting the Council to authorize execution of the agreement with Northbrook Partners. The City Manager went on to explain select portions of the new lease and noted Northbrook Partners is in the process of remodeling the center. He noted included in the remodeling plans is the relocation of the Northbrook Liquor Store. The City Manager explained the store would remain in the same building that it is currently located, but the store would be somewhat reduced in size and completely reversed so that it will front on 57th Avenue North. He noted staff reduced the square footage to make it more affordable but noted because of the frontage to 57th Avenue North, there would be better accessability to the customers. There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson to authorize the Mayor and City Manager to enter into an agreement with Northbrook Partners for the rental of space in the Northbrook Shopping Center to be used for the Northbrook Liquor Store. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Paulson to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:54 p.m. t City Clerk Ma 5/8/89 -10-