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-