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HomeMy WebLinkAbout1988 02-22 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY f OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION FEBRUARY 22, 1988 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:04 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Councilmember Scott. t 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 in the audience who wished to address the Council. There being none, he continued with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. No requests were made. APPROVAL OF MINUTES - FEBRUARY 8 1988 - REGULAR SESSION There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the minutes of the February 8, 1988, City Council meeting. The motion passed unanimously. PROCLAMATION Councilmember Lhotka introduced the following proclamation and moved its adoption: DECLARING MARCH 6 TO 13, 1988, AS VOLUNTEERS OF AMERICA WEEK The motion for the adoption of the foregoing proclamation was duly seconded by member Bill Hawes, and the motion passed unanimously. RLS APPROVAL - EARLE BROWN FARM SITE There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the RLS for the Earle Brown Farm site. The motion passed unanimously. 2 -22 -88 1 RESOLUTIONS RESOLUTION NO. 88 -30 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE BROOKLYN CENTER LIONS CLUB The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the following list of licenses: BULK VENDING K -Mart 5930 Earle Brown Drive CATERING FOOD VEHICLE Bridgeman's 6201 Brooklyn Blvd. CIGARETTE Blvd. Superette 6912 Brooklyn Blvd. Consumer Vending 2828 Lyndale Ave. S. Bridgeman's 6201 Brooklyn Blvd. FOOD ESTABLISHMENT Brooklyn Center Baptist Church 5840 Humboldt Ave. N. Northbrook Alliance Church 6240 Aldrich Ave. N. Subs Etc. 6048 Shingle Creek Pkwy. GASOLINE SERVICE STATION Northwestern Bell 6540 Shingle Creek Pkwy. ITINERANT FOOD ESTABLISHMENT Brooklyn Center Lioness 6301 Shingle Creek Pkwy. LODGING ESTABLISHMENT Holiday Inn 2200 Freeway Blvd. MECHANICAL SYSTEMS Airco Heating and Air Cond. Co. 4014 Central Ave. NE Dickey's Heating and Air Cond. 17139 Verdin St. NW Energy Heating Services Route 3, Box 170A NONPERISHABLE VENDING MACHINES Bro- Midwest Vending Company 8850 Wentworth Ave. S. American Legion 4307 70th Ave. N. Beacon Bowl 6525 Lyndale Ave. N. Days Inn 1501 Freeway Blvd. Pilgrim Cleaners 5748 Brooklyn Blvd. Earle Brown Bowl 6440 James Circle Five Star Vending 15034 Fillmore St. NE 2 -22 -88 -2- Hiawatha Rubber 1700 67th Ave. N. Mikros Engineering 3715 50th Ave. N. Jimmy Jingle 1304 East Lake St. Brookdale Corporate Center 6300 Shingle Creek Pkwy. Fingerhut Telemarketing 6860 Shingle Creek Pkwy. Johnson Control 1801 67th Ave. N. Palmer Lake Plaza 6860 Shingle Creek Pkwy. K -Mart 5930 Earle Brown Dr. Maranatha Conservative Baptist Home 5401 69th Ave. N. NSI /Griswold Co. 8300 10th Ave. N. Brookdale Pontiac 6801 Brooklyn Blvd. Lynbrook Bowl 6357 N. Lilac Dr. Travelers North 6601 Shingle Creek Pkwy. Twin City Vending Co., Inc. 1065 E. Highway 36 Highland Superstore 5951 Earle Brown Dr. PERISHABLE VENDING MACHINES Bro- Midwest Vending Company 8850 Wentworth Ave. S. Beacon Bowl 6525 Lyndale Ave. N. Canteen Corporation 1091 Pierce Butler Route Ault, Inc. 1600 Freeway Blvd. f Hoffman Engineering 6350 James Ave. N. Five Star Vending 15034 Fillmore St. NE Hiawatha Rubber 1700 67th Ave. N. Mikros Engineering 3715 50th Ave. N. Jimmy Jingle 1304 East Lake St. Brookdale Corporate Center 6300 Shingle Creek Pkwy. Fingerhut Telemarketing 6860 Shingle Creek Pkwy. Palmer Lake Plaza 6860 Shingle Creek Pkwy. TCR Corporation 1600 67th Ave. N. Maranatha Conservative Baptist Home 5401 69th Ave. N. NSI /Griswold Corporation 8300 10th Ave. N. Travelers North 6601 Shingle Creek Pkwy. PUBLIC DANCE Holiday Inn 2200 Freeway Blvd. READILY PERISHABLE FOOD VEHICLE Bridgeman's 6201 Brooklyn Blvd. Tombstone Pizza Corporation 6850 Shingle Creek Pkwy. RENTAL DWELLINGS Initial: James & June Ullom 6300 France Ave. N. Robert M. Zappa 6637 Humboldt Ave. N. Darrel Farr Development 4201 Lakeside Ave. N. #106 Darrel Farr Development 4201 Lakeside Ave. N. #218 Joseph A. McFadden 4201 Lakeside Ave. N. #316 Darrel Farr Development 4207 Lakeside Ave. N. #233 Darrel Farr Development 4207 Lakeside Ave. N. #237 2 -22 -88 -3- Renewal: Egons Podnieks Garden City Court Apts. Invespro V Limited Partnership Unicorn Apts. Willwerscheid, Robbins, Rafter 6331, 6401, 6425 Beard Ave. M & J Properties 1537 Humboldt Place M & J Properties 1543 Humboldt Place Martin & Barbara O'Hara 4201 Lakeside Ave. N. #113 Daniel & Nadia Graskow 4201 Lakeside Ave. N. #310 Dr. Akbar Sajady 4207 Lakeside Ave. N. #131 Dr. Akbar Sajady 4207 Lakeside Ave. N. #224' United Homes Corporation 4207 Lakeside Ave. N. #228 United Homes Corporation 4207 Lakeside Ave. N. #238 Dr. Akbar Sajady 4207 Lakeside Ave. N. #326 Molitor & Associates 6900 Toledo Ave. N. John M. Guider 5115 East Twin Lake Blvd. Gladys Schwartz 4006 65th Ave. N. John & Patricia Devries 2911 68th Lane North SPECIAL FOOD HANDLING ESTABLISHMENT Burger Brothers, Inc. 5927 John Martin Dr. C.O.M.B. Company 5425 Xerxes Ave. N. Children's Palace 5900 Shingle Creek Pkwy. M & S Drug Emporium 5900 Shingle Creek Pkwy. Kay -Bee Toy & Hobby 1320 Brookdale Center Maid of Scandinavia Company 5717 Xerxes Ave. N. Power Plus 1700 Freeway Blvd. Snyder Brothers Drug Store 1296 Brookdale Center Total Petroleum, Inc. 6830 Brooklyn Blvd. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Accepting Proposals for Water Improvement Project No. 1987 -24 (Reconditioning Well No. 6) and a Resolution Establishing Project and Accepting Proposal for Water Improvement Project No. 1988 -09 (Reconditioning Well No. 8). He stated the Director of Public Works would like to review these two resolutions at the same time. The Director of Public Works briefly reviewed the resolutions and the staff recommendations for these items. Councilmember Lhotka inquired why there was such a large difference in cost for the two pumps. The Director of Public Works stated the two pumps are different sizes and this accounts for the considerable difference in cost. Councilmember Scott inquired when the work would be completed on these two pumps. The Director of Public Works stated the work should be completed by mid -May. RESOLUTION NO. 88 -31 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSALS FOR WATER IMPROVEMENT PROJECT NO. 1987 -24 (RECONDITIONING WELL NO. 6) 2 -22 -88 -4- The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO. 88 -32 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT AND ACCEPTING PROPOSAL FOR WATER IMPROVEMENT PROJECT NO. 1988 -09 (RECONDITIONING WELL NO. 8) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. DISCUSSION ITEMS WATER QUALITY IMPROVEMENT - STATUS UPDATE The City Manager stated over the past four to five years the City has been trying to correct and stablize the water quality problems in the west central area of the City. He noted during this time the City has developed a low cost solution based on operation and maintenance procedures rather than on the replacement of the unlined cast iron pipes which are the basic cause of the problem. The Director of Public Works went on to explain what the current operation and maintenance program consists of. He noted three of the main causes of these water quality problems are unlined cast iron water mains which were installed approximately 30 years ago; smaller water mains were installed in this area than in other parts of the City; and this area is at the opposite end of the City from the water supply. The Director of Public Works stated if the quality of water now being delivered to this area is still considered unacceptable by the Council or the residents, staff would recommend the initiation of a water main replacement program. He stated even though there has been a marked improvement in the water quality in this area, the City continues to receive a number of complaints regarding bad water. He went on to review two site maps which showed the area of complaints and noted it would cost $2,658,320 to replace the water mains for this entire neighborhood. He stated this is the worst case scenario. He noted a smaller area could be replaced which would cover the vast majority of complaints. He stated this area was between 63rd and 64th Avenues North from Perry Avenue North west to Unity Avenue North. He stated replacement of this area would cost $666,270. He added this would not completely resolve all problems because the service lines to the homes and the water lines within the homes would not be replaced. He went on to review the proposed special assessment payments schedule and noted staff is recommending 35% of the cost of replacement be levied against special assessments. He went on to explain that he does not believe City staff or the City Council should recommend a starting point rather a public information program should be started and the improvement would take place only after receipt of a petition from the neighborhood. Councilmember Theis inquired if staff has determined the smallest, area of the neighborhood that could be replaced to affect the greatest change. The Director of Public Works stated staff is recommending the area between 63rd and 64th Avenues North from Perry Avenue North west to Unity Avenue North be replaced. Councilmember Theis stated he was concerned that a street or section of this 2 -22 -88 -5- neighborhood would not be replaced, yet they would reap the benefits from another section that was replaced without paying the special assessment. Councilmember Lhotka inquired as to the feasibility of relining the existing water mains. The Director of Public Works stated this has been done but usually only on larger water mains. He noted the City of Minneapolis has recently done some relining, and the cost of relining the water mains was higher than the cost of replacing them. A discussion then ensued regarding the three sources of water in the area and the circulation patterns for the neighborhood. Councilmember Theis expressed some concern for the City being held liable if the water system in this area gets worse instead of better. The Director of Public Works stated staff is recommending the Council adopt a policy which would state the City could not be held liable for any future problems resulting from this work. The City Manager pointed out a number of residents in this area have never had any water quality problems at all, yet their neighbors next door or across the street could be experiencing a number of problems. He stated staff and consultants have never been able to explain why this happens. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka directing staff to develop a public information program and formalize the City's policies and procedures regarding this matter. The motion passed unanimously. REVENUE OPTIONS ANALYSIS - LOCAL GOVERNMENT AID The City Manager briefly reviewed the status of local state aid and stated City staff is recommending the Council support the Association of Metropolitan Municipalities position. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes directing staff to establish as a City policy the position and principals outlined by the Association of Metropolitan Municipalities and also directing staff to work with the different lobbying groups and legislature to work within these principals. The motion passed unanimously. YEAR 2000 PLANNING PROCESS The City Manager stated he would like the planning process to be spread over two evening meetings to be held in April. He noted the first session would be a session designed to discuss and develop a listing of issues and goals, and the second session would be a goal setting prioritizing meeting. He noted prior to the initial session a questionnaire could be sent out to commission members, committee members, staff members, and the City Council with some suggested issues and goals and space for individuals to make their own suggestions. He noted sometime between the two evening meetings a second questionnaire could be sent out to all participants of the initial session asking them to establish their own priorities. Councilmember Lhotka stated he felt those people that were present at the initial Year 2000 meeting in 1987 benefited greatly from the process. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott approving the suggested goal setting prioritizing process and directing staff to implement the process. The motion passed unanimously. 2 -22 -88 -6- ORDINANCES AN ORDINANCE AMENDING CHAPTER 19 RELATING TO PETTY AND THEFT RELATED OFFENSES The City Manager stated this item was first read on January 25, 1988, published in the City's official newspaper on February 4, 1988, and is scheduled this evening for a second reading. He noted the amendment would eliminate "justice of the peace" from the ordinance and also make the penalty sections consistent with other such sections of the City ordinances. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 19 Relating to Petty and Theft Related Offenses. 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 Scott and seconded by Councilmember Hawes to close the public hearing on An Ordinance Amending Chapter 19 Relating to Petty and Theft Related Offenses. The motion passed unanimously. ORDINANCE NO. 88 -02 Member Rich Theis introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 19 RELATING TO PETTY AND THEFT RELATED OFFENSES 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 19 Relative to the Detection and Control of Tree Diseases. He explained the current ordinance limits the City to the control of dutch elm disease, but if the ordinance were amended it could cover all infectious tree diseases. He noted this ordinance is offered this evening for a first reading. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve for first reading An Ordinance Amending Chapter 19 Relative to the Detection and Control of Tree Diseases and setting a public hearing date for March 14, 1988, at 7:45 p.m. The motion passed unanimously. PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO. 88001 SUBMITTED BY METROPOLITAN TRANSIT COMMISSION REQUESTING SITE PLANS /SPECIAL USE PERMIT APPROVAL TO BUILD A PARK AND RIDE LOT AT THE CHURCH OF THE NAZARENE AT 501 73RD AVENUE NORTH The City Manager noted the applicant has requested this item be laid over to allow them opportunity to pursue another alternative. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to table Planning Commission Application No. 88001 submitted by Metropolitan Transit Commission. The motion passed unanimously. 2 -22 -88 -7- OTHER BUSINESS The City Manager referred the Mayor and City Councilmembers to a copy of Senate File No. 1626 which is a bill relating to health and human services. He noted this bill has to do with the siting of multifamily residential facilities in single family zones. He noted that Phil Carruthers, the Association of Metropolitan Municipalities, and the League of Minnesota Cities are aware of this bill and are lobbying against it. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott directing staff to write a letter to Brooklyn Center's representatives in the legislature citing the City's opposition to this bill. The motion passed unanimously. Mayor Nyquist inquired if it would be possible to urge a statewide moratorium in the legislature. The City Manager stated it could be possible. There was a motion by Councilmember Scott and seconded by Councilmember Theis directing staff to prepare a letter expressing the need for revision of current citing rules, considering a legislative audit review of the effectiveness of these type of facilities and considering a statewide moratorium on the citing of new or existing facilities. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Hawes to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:53 p.m. City Clerk Mayo '` 2 -22 -88 -8-