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HomeMy WebLinkAbout1987 05-18 CCM Regular Session r 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 18, 1987 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:13 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, Finance Director Paul Holmlund, City Attorney Charlie LeFevere, HRA Coordinator Brad Hoffman, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. OPEN FORUM Mayor Nyquist noted he had not received any requests for the Open Forum session this evening. He inquired if there was anyone present who wished to address the City 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. Councilmember Lhotka requested item 9b be removed from the Consent Agenda. APPROVAL OF MINUTES - MAY 4 1987 - REGULAR SESSION There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve the minutes of the May 4, 1987, City Council meeting as submitted. The motion passed unanimously. PERFORMANCE BOND RELEASE - WESTBROOK MALL - 5717 XERXES AVENUE NORTH There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to release the performance bond for Westbrook Mall, 5717 Xerxes Avenue North. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 87 -108 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES (ORDER NO. DST 05/18/87) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. RESOLUTION NO. 87 -109 Member Bill Hawes introduced the following resolution and moved its adoption: 5 -18 -87 -1- RESOLUTION AUTHORIZING T14E CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE ANOKA COUNTY FIRE ARMS TRAINING RANGE The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. RESOLUTION NO. 87 -110 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION APPOINTING THE CITY MANAGER AND THE CHIEF OF POLICE TO THE MINNESOTA POLICE RECRUITMENT SYSTEM BOARD OF DIRECTORS 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 Hawes and seconded by Councilmember Lhotka to approve the following list of licenses: AMUSEMENT DEVICE - VENDOR Carousel International Corp. P.O. Box 307 Theisen Vending Co. 3804 Nicollet Avenue N. BULK VENDING LICENSE Peterson Vending 1731 Nokia Way FOOD ESTABLISHMENT LICENSE Bosa Donuts 1912 57th Avenue N. Brooklyn Center American Little League Iten Field Lutheran Church of the Triune God 5827 Humboldt Avenue N. ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Parks & Recreation 6301 Shingle Creek Pkwy. Northwest Hockey Association Evergreen Park MECHANICAL SYSTEMS LICENSE Binder & Sons, Inc. 120 East Butler Avenue Construction Mechanical Services 1307 Sylvan Street Louis Degidio, Inc. 6501 Cedar Avenue S. Realistic Heating & Cooling, Inc. 9077 Van Buren Street NE Rouse Mechanical, Inc. 11348 K -Tel Drive RENTAL DWELLING LICENSE Initial: Deep Root Investments 6908, 12 Unity Avenue N. Ron Gray 4318 66th Avenue N. Renewal: Norman Chazin Brookdale Manor Apartments Norman Chazin Four Courts Apartments Logan North Properties The Lilacs 5 -18 -87 -2- -- I Norman Chazin North Lyn Apartments Norman Chazin Northbrook Terrace Apartments Norman Chazin 6037 Brooklyn Boulevard Norbert and Dolores Volbert 4207 Lakeside Avenue N. #122 Jerry Fischer 4700, 04 Lakeview Avenue N. Logan North Properties 5820 Logan Avenue N. Robert C. Slind 5312 Morgan Avenue N. J. J. Barnett 2934 68th Lane Lawrence R. Florian 857 -861 70th Avenue N. Robert W. Rode 869 70th Avenue N. S. Richard Silverness 873 -877 70th Avenue N. James R. Hokanson 881 -885 70th Avenue N. SIGN HANGERS LICENSE Attracta Signs, Inc. 6417 Penn Avenue S. Signcrafter's Outdoor Display, Inc. 7775 Main Street NE SWIMMING POOL LICENSE Beach Condominiums 4201 Lakeside Avenue N. Brooklyn Center Community Center 6301 Shingle Creek Pkwy. The motion passed unanimously. APPROVAL OF MINUTES - MAY 11. 1987 - BOARD OF EQUALIZATION There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the minutes of the May 11, 1987, Board of Equalization meeting as submitted. The motion passed. Councilmember Theis abstained as he was not present at the May 11, 1987, meeting. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Authorizing the Mayor and City Manager to Enter into an Agreement with the Domestic Assault Intervention Project. Councilmember Lhotka inquired if there was a report due from the Domestic Assault Intervention Project prior to approval of funding. The City Manager stated he believed this report was due at budget time. Councilmember Lhotka stated in the future he would like to have a report when the Council is approving a contract. RESOLUTION NO. 87 -111 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE DOMESTIC ASSAULT INTERVENTION PROJECT The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. DISCUSSION ITEMS ORGANIZED REFUSE COLLECTION AND RECYCLING PROGRAM The City Manager briefly reviewed the Hennepin County Ordinance Regarding Solid Waste Separation. He noted the cities of Brooklyn Center, Brooklyn Park, and 5 -18 -87 -3- Crystal are parties to a Joint Health Service Agreement, and the cities have used this agreement to develop the rudiments of a "Recycling Program" for the citizens of Brooklyn Center. He noted the recycling center locations are a start, but much more will have to be done to reach the required 16% goal established by the County. He stated he is requesting the Council to authorize him to enter into initial discussions with the licensed refuse haulers of the three cities to develop a Joint Powers Operation. This would address the mandated changes in refuse collection, source separation, recycling, compost collection, and other matters related to the cities meeting their requirements for reduced land fill dependency. Councilmember Hawes inquired if the City, in the future , will take over billin for garbage hauling along with water bills. The City Manager stated City staff would prefer to avoid this area. Mayor Nyquist stated he has recently read the entire Hennepin County ordinance and has a few concerns regarding this ordinance. Councilmember Theis stated the City will have to solve this problem either alone or with the cities of Brooklyn Park and Crystal, and it may be best if the cities join together. I RESOLUTION NO. 87 -112 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION DIRECTING STAFF TO PROCEED WITH INFORMATIONAL MEETINGS WITH REFUSE COLLECTORS TO EXAMINE THE POTENTIAL OF ORGANIZED REFUSE COLLECTION IN THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. REPORT ON FEASIBILITY OF BROADCASTING CITY COUNCIL AND COMMISSION MEETINGS ON CABLE TELEVISION The City Manager reviewed the report prepared for this item and discussed the areas which would need improvement and their possible costs. He added the City does have copies of tapes from other City Council meetings. He noted these sample tapes range from the least to the most sophisticated type of broadcasting. Councilmember Lhotka stated he would arts of each ld like to review g I V P tape at a Council meeting. Councilmember Scott stated using only one camera is usually very ineffective , g Y Y Y and she would not suggest using e o f set u for Council meetings. gg g this type P She added the lighting and sound quality in the Council Chambers is very poor, and if the Council is considering broadcasting of meetings corrections should be made to these two areas. She stated if the Council and Commission meetings are going to be broadcast on cable TV she believes it should be done correctly so the City is not sending a bad image across the air waves. The City Manager stated if the Council is considering broadcasting of public meetings the cost for the necessary corrections to the lighting and sound quality in the Council Chambers should be included in the 1988 budget. He added, in the meantime, staff could do some experimental taping of Council 5 -18 -87 -4- meetings for the Council's review, and the Council could review the tapes from other cities. He stated he agrees with Councilmember Scott's comments that if the broadcasting is to be done it should be done well or not at all. REVIEW OF ADVISORY COMMISSION'S RECOMMENDATIONS ON THEIR ENABLING RESOLUTIONS AND BYLAWS The City Manager stated changes have been made to the enabling resolutions and bylaws for the advisory commissions, and the individual commissions have reviewed the proposed changes and made additional recommendations. He noted if the Council wished to review these recommendations more closely the item could be deferred to another meeting. Mayor Nyquist stated he has some concerns with eliminating the residency requirements for the Housing Commission. He stated he does not see the rationale for this change, however, he could see some merit in allowing nonresident property owners a seat on the Housing Commission. Councilmember Theis stated a arallel was drawn between the advisor commissions P Y and the ad hoc committees within the City. He stated the Housing Commission felt there may be resources which cannot be tapped through City residents. He added the Commission believes the residency requirement would widen the frame of resources available to the Housing Commission. Councilmember Scott stated she believes only representatives of the City, not outsiders, should be making decisions concerning the City. Councilmember Theis stated the Housing Commission did try to limit the number of nonresidents so that outsiders would not be in the majority. Councilmember Lhotka stated he believes there is other ways for the City and its advisory commissions to tap the outside resources without making a nonresident a member of the commission. He added he also has some concerns regarding the name change and the reduction in members for the Human Rights Commission. There was a general consensus to table review and consideration of advisory commission's recommendations regarding enabling resolutions and bylaws. ORDINANCE The City Manager presented An Ordinance Amending Chapter 34 of the City Ordinances Regarding Off- Premise Advertising Signs. He noted this item was first read on April 20, 1987, published in the City's official newspaper on April 30, 1987, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 34 of the City Ordinances Regarding Off- Premise Advertising Signs and 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 Hawes and seconded by Councilmember Theis to close the public hearing on An Ordinance Amending Chapter 34 of the City Ordinances Regarding Off- Premise Advertising Signs. The motion passed unanimously. ORDINANCE NO. 87 -04 Member Gene Lhotka introduced the following ordinance and moved its adoption: 5 -18 -87 -5- AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES REGARDING OFF- PREMISE ADVERTISING SIGNS The motion for the adoption of the foregoing ordinance was duly seconded by member Rich Theis, and the motion passed unanimously. PUBLIC HEARING - PALMER LAKE TRAIL SYSTEM IMPROVEMENTS The City Manager stated a public hearing has been scheduled for this evening regarding the proposed Palmer Lake Trail System Improvements and noted citizens in the area were informed of the meeting. The Director of Public Works briefly reviewed the existing conditions at Palmer Lake with regard to the trail system and added over the past year Brooklyn Park has been developing the northerly portion of the trail system connecting with Brooklyn Center. He stated there is a continuous trail around Palmer Lake with the exception of the area along 69th Avenue and Oliver Avenue North to the park. He briefly reviewed the recommendations submitted for the trail improvements and noted the total cost estimate of these recommendations is $51,700. He stated there is LCMR and LAWCON funds available for these improvements, as long as the improvements are made by the end of 1987. He added the additional funding could be appropriated from the capital projects fund. Councilmember Lhotka requested the Director of Public Works to explain the segment 1 improvements more clearly. The Director of Public Works stated initially this entrance was constructed with a very steep grade to slow people down before entering 69th Avenue. He stated this type of construction has actually worked the opposite way, and staff is now proposing a slight modification to lessen the grade. Councilmember Lhotka inquired why staff is proposing segment la which runs parallel to an existing trail. The Director of Public Works stated this area has the highest amount of traffic and by adding another trail, pedestrian and bike traffic could be separated. Mayor Nyquist opened the meeting for the purpose of a public hearing regarding Palmer Lake Trail System Improvements. He recognized Howard Oien, 6919 Oliver Avenue North, who stated he was originally against the trailway behind the homes because of the chance of vandalism and other activities at night. He stated at this point he is not happy with the prospect of having a trailway in his back yard and a sidewalk in his front yard. The Director of Public Works stated the proposed trailway would be on the fringe of the trees which is approximately 100 feet from the property line. Mayor Nyquist recognized Kipton Narbo, 6937 Oliver Avenue North, who stated he believes the trailways, as they are now constructed, are too twisted which is contributing to many accidents which may or may not be reported. He stated the straighter the trailway, the safer it would be. He added he felt proposed segment 3a would be a very dangerous area after softball games. The City Manager stated staff will look into the possibility of straightening the trailway if the Council wishes. Councilmember Lhotka inquired if it would be possible to lay bituminous over segment 3b. He also inquired how close to the ball field this trail actually is. The Director of Public Works stated the present trail runs right along the fence line and the area is not an ideal area for bituminous. He explained the 5 -18 -87 -6- area is very damp, has poor drainage, and the life span of the bituminous trail would be greatly reduced in this area. Councilmember Lhotka inquired what the life span of the bituminous trails would be in a dry area versus a wet area. The Director of Public Works stated the life expectancy of a bituminous trail in a dry area would be approximately 15 to 20 years, and the life span of a bituminous trail in a wet area would be 5 to 10 years. Mayor Nyquist stated he believes the bituminous trail behind the ball field to be a better alternative than a trail across the parking lot. Councilmember Lhotka inquired if it would be possible to place the trail around the parking lot rather than across the entrances. The Director of Public Works stated it might be possible but the trail would then be running across a high activity area of the ark which may be as bad as across the parking lot entrances. He cr P � Y P g noted none of the options for this area are even close to ideal. Mayor Nyquist inquired if there was anyone else present who wished to speak at I'I 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 Hawes to close the public hearing on Palmer Lake Trail System Improvements. The motion passed unanimously. Mayor Nyquist stated it appears there is a general consensus among Councilmembers that segment 2 of the proposed trailway should be straightened, and alternative options around the ball field and parking lot should be explored. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka authorizing the following improvements: segment la; modification of segment 2 to straighten trail and place trail closer to the edge of the tree line; and explore all possible alternatives for segment 3b of the trailway. Councilmember Lhotka stated he would like to amend the motion so that staff will further explore the possibility of a new location for segment 3a. Councilmember Scott and Councilmember Theis agreed to this amendment. Upon vote being taken on the foregoing motion and the amendment, the amended motion passed unanimously. TEMPORARY ON -SALE INTOXICATING LIQUOR LICENSE FOR ST. ALPHONSUS CATHOLIC CHURCH The City Manager stated State law and City ordinance now allow for a temporary on -sale intoxicating liquor license to be held by any club, or charitable, religious or other nonprofit organization. He stated the license must be in connection with a social event within the City sponsored by the licensee. He stated this would be the first license of this type which the City will have issued. Councilmember Lhotka inquired what specifically St. Alphonsus Church would be selling. The City Manager stated they intend to sell strong beer and wine coolers. 5 -18 -87 -7- There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve a temporary on -sale intoxicating liquor license for St. Alphonsus Catholic Church. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:43 p.m. 2Y, City Clerk Mayo 5 -18 -87 -8-