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HomeMy WebLinkAbout1989 01-23 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 JANUARY 23, 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, and Administrative Aide Patti Page. INVOCATION The invocation was offered by Mayor Nyquist. 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. MAYORAL APPOINTMENTS Mayor Nyquist noted Councilmember Paulson and staff is recommending the appointment of Donna Stoderl as Chairperson for the Human Rights & Resources Commission. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to appoint Donna Stoderl as Chairperson for the Human Rights & Resources Commission. The motion passed unanimously. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. Councilmember Scott requested item 9h be removed from the consent agenda. APPROVAL OF MINUTES - JANUARY 3 - REGULAR SESSION There was a motion by Councilmember Pedlar and seconded by Councilmember Lhotka to approve the minutes of the January 3, 1989, City Council meeting. The motion passed unanimously. PERFORMANCE BOND RELEASE - SHINGLE CREEK CENTER There was a motion by Councilmember Pedlar and seconded by Councilmember Lhotka to release the performance bond for Shingle Creek Center, 6000 -6100 Shingle Creek Parkway. The motion passed unanimously. 1/23/89 -1- RESOLUTIONS RESOLUTION NO. 89 -06 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF JAYNE KUHAR The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. RESOLUTION NO 89 -07 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF SHIRLEY MCCUMBER The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. RESOLUTION NO. 89 -08 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DOLORES HASTINGS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. RESOLUTION NO 89 -09 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF RAY HAROLDSON The motion n fir the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. RESOLUTION NO 89 -10 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF RON TURNER The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. RESOLUTION NO. 89 -11 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF KEN FELGER 1/23/89 -2- I The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. RESOLUTION NO. 89 -12 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF GEORGE LUCHT The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. RESOLUTION NO. 89 -13 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1989 GENERAL FUND BUDGET TO PROVIDE FUNDS FOR A POLICE DEPARTMENT MANAGING DIVERSITY TRAINING PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. RESOLUTION NO. 89 -14 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE GRASSFIELD REMOTE CONTROL CLUB The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. RESOLUTION NO 89 -15 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF ONE (1) SPIN GRINDER The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. LICENSES There was a motion by Councilmember Pedlar and seconded by Councilmember Lhotka to approve the following list of licenses: BOWLING ALLEY Beacon Bowl 6525 Lyndale Ave. N. CIGARETTE Ala -Carte Vending Systems, Inc 2550 Kasota Ave. Modern Control 6820 Shingle Ck. Pkwy. American Amusement Arcades 850 Decatur Ave. N. Bosa Donuts 1912 57th Ave. N. Brooklyn Center Liquor #1 1500 69th Ave. N. Brooklyn Center Liquor #2 6250 Brooklyn Blvd. Brooklyn Center Liquor #3 5711 Morgan Ave. N. 1/23/89 -3- Chuck Wagon Inn 5720 Morgan Ave. N. Denny's Restaurant 3901 Lakebreeze Ave. N. Red Lobster 7235 Brooklyn Blvd. Beacon Bowl 6525 Lyndale Ave. N. Brooklyn Center Service, Inc. 6849 Brooklyn Blvd. Gift Shop, Too 1501 Freeway Blvd. Jimmy Jingle 1304 E. Lake Street Brookdale Corporate Center 6300 Shingle Ck. Pkwy. North Star Dodge 6800 Brooklyn Blvd. Palmer Lake Plaza 6860 Shingle Ck. Pkwy. TCR Corporation 1600 67th Ave. N. K -Mart 5930 Earle Brown Drive Target 6100 Shingle Ck. Pkwy. FOOD ESTABLISHMENT Munch Box Snacks 6660 Shingle Ck. Pkwy. New Horizon Nursery School 1200 69th Ave. N. GASOLINE SERVICE STATION Brooklyn Center Service, Inc. 6849 Brooklyn Blvd. Green Meadows 3319 49th Ave. N. Northern States Power 4501 68th Ave. N. Super America Stations, Inc. 6545 W. River Road Super America Stations, Inc. 1901 57th Ave. N. U. S. West 6540 Shingle Ck. Pkwy. Bill West's Service Center 2000 57th Ave. N. ITINERANT FOOD ESTABLISHMENT Boy Scout 299 6201 Scott Ave. N. Community Education 6500 Humboldt Ave. N. LODGING ESTABLISHMENT Brookdale Motel 6500 W. River Road Budgetel Inn 6415 James Circle Econo Lodge 6445 James Circle Holiday Inn 2200 Freeway Blvd. Northwest Residence 4408 69th Ave. N. MECHANICAL SYSTEMS Air Flow Systems 1311 Sylvan Street McGuire Mechanical 20830 Holt Avenue Minnesota Heating and A/C 6908 Georgia Ave. N. NONPERISHABLE VENDING MACHINE Precision, Inc. 3415 48th Ave. N. POOL AND BILLIARDS TABLE American Amusement Arcades 850 Decatur Ave. N. Brooklyn Center Community Center 6301 Shingle Ck. Pkwy. Lynbrook Bowl, Inc. 6357 N. Lilac Drive 1/23/89 -4- PUBLIC DANCE Holiday Inn 2200 Freeway Blvd. RENTAL DWELLING Renewal: Randall B. Cook 5347 Brooklyn Blvd. SIGN HANGER Prowood Signs 2415 W. Industrial Blvd. SPECIAL FOOD HANDLING ESTABLISHMENT Brooklyn Center Liquor #1 1500 69th Ave. N. Brooklyn Center Liquor #2 6250 Brooklyn Blvd. Brooklyn Center Liquor #3 5711 Morgan Ave. N. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Accepting Bid and Awarding Contract for Rehabilitation of Well No. 8 (Project No. 1988 -23, Contract 1989 -A). Councilmember Scott stated she is quite concerned with the large underestimation in costs which were made by the consultant. She stated she thought staff and the consultant had a better handle on the problems with this well and expected the bids to be closer to the estimate prepared by the consultant. The Director of Public Works stated he believes there are at least three reasons for the increased cost. The first being, all bidders are now familiar with the unpredictable history of this well. Second, the work site is very small which made it necessary to specify all materials bailed from the well be discharged through a settling tank (rather than into a temporary pond). He noted this would be more difficult during the winter months than it would be during summer months. The third reason is a high demand for well construction and well improvements at this time because of the 1988 drought. He noted these prices reflect seller's market conditions. Councilmember Scott inquired if the low bidder would be able to comply with the bailing requirements. The Director of Public Works responded affirmatively. Councilmember Pedlar stated he also was concerned with the large underestimation by the consultant. The Director of Public Works agreed with Councilmember Pedlar's concern but noted in this case it is difficult to hold the consulting engineer totally responsible for the underestimation because of the many variables to be considered within this project. The City Manager noted in the past this consultant has been consistently correct with his estimates. Councilmember Paulson inquired if the City is at any risk of not having this well ready for the 1989 watering season. The Director of Public Works stated if the contract is awarded this evening, he does not foresee any problems in having the well on line on or before May 1. He noted if the contract is delayed this evening, the City could run into some problems. RESOLUTION NO. 89 -16 Member Gene Lhotka introduced the following resolution and moved its adoption: 1/23/89 -5- RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR REHABILITATION OF WELL NO. 8 (PROJECT NO. 1988 -23, CONTRACT 1989 -A) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The EDA Coordinator entered the meeting at 7:15 p.m. The City Manager presented a Resolution Approving Plans and Specifications for the Improvement of I -94 within the Corporate Limits of the City of Brooklyn Center. The Director of Public Works briefly reviewed the project, which is being proposed within these plans and specifications, and noted there are three representatives from MNDOT present this evening. He introduced Mr. Dave Miller, Mr. Glen Ellis, and Mr. Bob Kozel. He noted these plans and specifications will complete all work between Brooklyn Boulevard and I -35 in Columbia Heights. A discussion then ensued regarding the different phases of the project and the time lines for these phases. The Director of Public Works stated all funding for this project will be paid by MNDOT using MNDOT and federal aid primary funding. RESOLUTION NO. 89 -17 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF I -94 WITHIN THE CORPORATE LIMITS OF THE CITY OF BROOKLYN CENTER 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 Appropriating Funds and Authorizing the Purchase of Computer Equipment by the Public Utilities Fund. The Finance Director noted staff is asking for an appropriation which would allow for the purchase of two computers for the Public Utilities department. He noted currently there is one computer within this department which is worn out and has been replaced twice with loaners. He stated staff is requesting the second terminal for the Public Utilities receptionist to allow her to access the system without interrupting the other operator's work on the computer. RESOLUTION NO 89 -18 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROPRIATING FUNDS AND AUTHORIZING THE PURCHASE OF COMPUTER EQUIPMENT BY THE PUBLIC UTILITIES FUND 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 Ordinance Amending Chapter 7 of the City Ordinances Regarding the Abatement of Nuisances and Assessment of the Costs of Abatement. He noted this item was first read on December 5, 1988, published in the City's official newspaper on December 15, 1988, and was offered for a second 1/23/89 -6- reading on January 3, 1989. He explained the public hearing was opened on January 3, 1989, and continued until this evening's meeting. Mayor Nyquist inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak, and he entertained a motion to close the public hearing. i There was a motion by Councilmember Scott and seconded by Councilmember Lhotka j to close the public hearing on An Ordinance Amending Chapter 7 of the City Ordinances Regarding the Abatement of Nuisances and Assessment of the Costs of Abatement. The motion passed unanimously. ORDINANCE NO. 89 -01 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY ORDINANCES REGARDING THE ABATEMENT OF NUISANCES AND ASSESSMENT OF THE COSTS OF ABATEMENT The motion for the adoption of the foregoing ordinance was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding Outside Storage. He noted this item was first read on December 5, 1988, published in the City's official newspaper on December 15, 1988, and was offered for a second reading on January 3, 1989. He explained the public hearing was opened on January 3, 1989, and continued until this evening's meeting. He stated the current wording within this ordinance would cover the questions the Council had on containers. Mayor Nyquist inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding Outside Storage. The motion passed unanimously. ORDINANCE NO 89 -02 Member Gene Lhotka introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING OUTSIDE STORAGE The motion for the adoption of the foregoing ordinance was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Manager presented An Ordinance Vacating Part of a Utility Easement in Lot 3, Block 1, Richardson Addition. He noted this item was offered for a first reading on December 19, 1988, published in the City's official newspaper on December 29, 1988, and is offered this evening for a second reading. He noted this is a utility easement in the property between the Day's Inn and Earle Brown Bowl. 1/23/89 -7- Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Vacating Part of a Utility Easement in Lot 3, Block 1, Richardson Addition. 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 Scott to close the public hearing on An Ordinance Vacating Part of a Utility Easement in Lot 3, Block 1, Richardson Addition. The motion passed unanimously. ORDINANCE NO 89 -03 Member Jerry Pedlar introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING PART OF A UTILITY EASEMENT IN LOT 3, BLOCK 1, RICHARDSON ADDITION The motion for the adoption of the foregoing ordinance was duly seconded by member Gene Lhotka, and the motion passed unanimously. The City Manager presented An Ordinance Vacating the Street Easement in Tract D, Registered Land Survey No. 1482. He noted this item was offered for a first reading on December 19, 1988, published in the City's official newspaper on December 29, 1988, and is offered this evening for a second reading. He explained this item relates to the property discussed in the previous ordinance. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Vacating Street Easement in Tract D, Registered Land Survey No. 1482. 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 Paulson and seconded by Councilmember Pedlar to close the public hearing on An Ordinance Vacating the Street Easement in Tract D, Registered Land Survey No. 1482. The motion passed unanimously. ORDINANCE NO 89 -04 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING THE STREET EASEMENT IN TRACT D, REGISTERED LAND SURVEY NO. 1482 The motion for the adoption of the foregoing ordinance was duly seconded by member Gene Lhotka, and the motion passed unanimously. The City Manager presented An Ordinance Fixing Council Salaries. He noted this item was offered for a first reading on December 19, 1988, published in the City's official newspaper on December 29, 1988, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Fixing Council Salaries. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak, and he 1/23/89 -8- entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to close the public hearing on An Ordinance Fixing Council Salaries. The motion passed unanimously. ORDINANCE NO. 89 -05 Member Gene Lhotka introduced the following ordinance and moved its adoption: AN ORDINANCE FIXING COUNCIL SALARIES The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 17 Relating to Personnel. He noted this item is offered this evening for a first reading. He explained this amendment would allow the use of sick leave during the probationary period. Councilmember Lhotka inquired why there was a restriction in the past. The City Manager stated that is the way the ordinance was originally written, and he is not really sure of the justification for this language. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to approve for first reading An Ordinance Amending Chapter 17 Relating to Personnel and setting a public hearing date for February 13, 1989, at 7:30 p.m. The motion passed unanimously. The City Manager presented An Ordinance Vacating Part of the Right -of -Way of 66th Avenue North between West River Road and Willow Lane. He noted this item is offered this evening for a first reading. The Director of Public Works briefly reviewed the site and explained staff is recommending the portion of this right -of -way which lies more than 20 feet beyond the new curb line on 66th Avenue North be vacated. He noted the remaining 20 foot wide right -of -way would be adequate to allow construction of a 10 foot wide trailway while retaining a 10 foot wide boulevard area. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve for first reading An Ordinance Vacating Part of the Right -of -Way of 66th Avenue North between West River Road and Willow Lane and setting a public hearing date of February 27, 1989, at 7:30 p.m. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8 :30 p.m. and reconvened at 8 :40 p.m. DISCUSSION ITEMS SETTING JANUARY 30 1989 AS THE DATE FOR A JOINT MEETING WITH DISTRICT #286 SCHOOL BOARD The City Manager briefly reviewed the items he would like to discuss at the joint meeting and inquired if the Council had any items which it would like discussed. Mayor Nyquist stated he would like to discuss the possibility of 1/23/89 -9- holding Earle rle Brown Days' activities y on the high school grounds. Councilmember Lhotka stated he would like the issue of housing and redevelopment and senior housing on the agenda. There was a motion by Councilmember Lhotka and seconded by Councilmember Paulson to set January 30, 1989, as the date for a joint meeting with District #286 school board. The motion passed unanimously. The City Manager noted this meeting would be at 7:30 p.m. Mayor Nyquist added he would like the school board to review its drug /abuse /prevention program. PENALTY PROVISIONS TO ENCOURAGE PEOPLE TO CUT THEIR OWN WEEDS The City Manager explained in 1988 Councilmember Lhotka requested staff to address the issue of penalty provisions to encourage property owners to cut their own weeds. Councilmember Lhotka stated he believes the cost is too low, and it is to the owner's benefit to pay the City to have it cut. The EDA Coordinator stated in 1988 the cost for cutting was $30 an hour plus a $25 administrative charge if the cost of cutting was charged as a special assessment. The City Manager explained the City cannot legally put a penalty on the cost of cutting these weeds, but all costs (i.e., administrative, postage, etc.) can be included when charging for weed cutting. Councilmember Pedlar stated he agrees with Councilmember Lhotka that the cost of cutting these weeds should be high enough to prompt people to cut the property themselves. He inquired if the City is liable if the City's weed cutter damages something on the person's property. The City Attorney responded affirmatively. There was a general consensus among Councilmembers that staff should review different methods of charging for weed cutting. I -94 SURPLUS RIGHT -OF -WAY STATUS The Director of Public Works briefly reviewed the area in question, the history and City's involvement with this surplus right -of -way. He noted the City has been acting as a go- between for MNDOT and the residents. He explained staff has sent a questionnaire to all abutting residents in the area, and he reviewed the responses from these residents. He explained at this time there is no way the City could proceed with the project and hope to recover all these costs. Councilmember Lhotka inquired if it is possible to just leave the property the way it is today. The Director of Public Works stated it is possible to do this, and the City could inform the residents if they wished to buy the abutting property they would have to deal directly with MNDOT. He noted dealing directly with MNDOT can be very difficult, but it is not impossible. He explained MNDOT acquired this property with the use of federal funding, and the only way MNDOT can transfer the right -of -way to private property owners is to go through a lengthy and costly process on a lot by lot basis. Councilmember Lhotka inquired if it would be possible to work with those owners who are interested, placing a deadline after which everyone would have to work directly with MNDOT. A discussion then ensued regarding this suggestion and the proposed price per square foot. It was noted many of the property owners stated they might be interested if the cost was lower. There was a motion by Councilmember Scott directing staff to prepare a letter to send to the property owners stating a dollar figure per square foot and 1/23/89 -10- notifying them of the last chance to purchase this property. Councilmember Lhotka stated he would second this motion for purposes of discussion. A discussion then ensued regarding the price per square foot, and the Director of Public Works stated he would suggest 20 cents per square foot. Upon vote being taken on the foregoing motion, the following voted in favor thereof: Mayor Nyquist, Councilmembers Scott, Paulson, and Pedlar. Voting against: Councilmember Lhotka. The motion passed. ON -SALE WINE AND ON -SALE NONINTOXICATING MALT LIQUOR LICENSE FOR YEN CHING RESTAURANT There was a motion by Councilmember Lhotka and seconded by Councilmember Pedlar to approve the on -sale wine and on -sale nonintoxicating malt liquor license for Yen Ching Restaurant. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:50 p.m. e City Clerk 1/23/89 -11-