HomeMy WebLinkAbout1987 06-08 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
JUNE 8, 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 7:05 p.m.
ROLL CALL
Mayor Dean Nyquist, Councilmembers Celia Scott, Bill Hawes, and Rich Theis.
Also present were City Manager Gerald Splinter, Director of Public Works Sy
Knapp, Finance Director Paul Holmlund, Director of Planning & Inspection Ron
Warren, City Attorney Charlie LeFevere, HRA Coordinator Brad Hoffman, Personnel
Coordinator Geralyn Barone, and Administrative Aid Patti Page.
Mayor Nyquist noted that Councilmember Lhotka was ill and would be absent from
this evening's meeting.
INVOCATION
The invocation was offered by Councilmember Scott.
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. Councilmember Hawes requested that item 8b be removed from
the Consent Agenda.
APPROVAL OF MINUTES - MAY 18 1987 - REGULAR SESSION
There was a motion by Councilmember Scott and seconded by Councilmember Hawes to
approve the minutes of the May 18, 1987, City Council meeting. The motion
passed unanimously.
APPROVAL OF MINUTES - MAY 18 1987 - BOARD OF EQUALIZATION
Therewas a motion by Councilmember Scott and seconded by Councilmember Hawes to
appro -4e the minutes of the May 18, 1987, Board';-of Equalization meeting. The
motion passed unanimously.
RESOLUTIONS
RESOLUTION NO. 87 -113
Member Celia Scott introduced the following resolution and moved its adoption:
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RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1986 -0 (EARLE BROWN FARM TAX
INCREMENT DISTRICT STREETSCAPE, PHASE II)
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Hawes, and the motion passed unanimously.
RESOLUTION NO. 87 -114
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING WORK 'PERFORMED UNDER CONTRACT 1985 -J (CIVIC CENTER PAINTING
PROJECT)
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Hawes, and the motion passed unanimously.
RESOLUTION NO. 87 -115
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1987 -17 (EMERGENCY REPAIRS TO
WELL NO. 8), ACCEPTING QUOTATION, AND APPROVING CONTRACT THEREFOR
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Hawes, and the motion passed unanimously.
RESOLUTION NO. 87 -116
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ESTABLISHING SEALCOATING IMPROVEMENT PROJECT NO. 1987 -09, ACCEPTING
REPORT, APPROVING SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS, CONTRACT
1987 -G
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Hawes, and the motion passed unanimously.
RESOLUTION NO 87 -117
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED
SHADE TREES (ORDER NO. DST 06/08/87)
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Hawes, and the motion passed unanimously.
RESOLUTION NO 87 -11$
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING REQUEST FOR PUBLIC HEARING FOR PROPOSED FINANCING PROGRAM
FOR A MULTIFAMILY HOUSING DEVELOPMENT
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Hawes, and the motion passed unanimously.
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RESOLUTION NO. 87 -119
Member Celia Scott introduced the following resolution and moved its adoption:'
RESOLUTION AMENDING THE 1987 GENERAL FUND BUDGET TO PROVIDE FOR WAGE AND SALARY
ADJUSTMENTS
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 Scott and seconded by Councilmember Hawes to
approve the following list of licenses:
AMUSEMENT DEVICE - OPERATOR
Brookdale East Cinema 5801 John Martin Drive
Brooklyn Center Community Center 6301 Shingle Creek Pkwy.
Earle Brown Bowl 6445 James Circle
Ground Round, Inc. 2545 County Road 10
Lynbrook Bowl 6357 N. Lilac Drive
Ramada Hotel 2200 Freeway Boulevard
Snyder Brothers Drug 1296 Brookdale Center,
T. Wright's 5800 Shingle Creek Pkwy.
AMUSEMENT DEVICE VENDOR
Advance Carter Company 850 Decatur Avenue
B & K Music & Sales 133 Spring Valley Circle
FOOD ESTABLISHMENT LICENSE
American Food Management P.O. Box 160
Northwestern Bell 5910 Shingle Creek Pkwy.
Carmel Corn 1333 Brookdale Center
T. J. Cinnamon Bakery Brookdale Center
Taco Bell 5532 Brooklyn Boulevard_
ITINERANT FOOD ESTABLISHMENT LICENSE
Blue Bell Ice Cream Inc. 3218 Snelling Avenue
Brooklyn Center Lioness Club 5500 Emerson Avenue N.
Brooklyn Center Parks & Rec. Dept. 6301 Shingle Creek Pkwy.
Earle Brown Days Committee 5351 4th Street North
Betsy Medley /Bill Klein 1762 Canyon Lane
Olson Popcorn Co. 3340 Brownlow Avenue
MECHANICAL SYSTEMS LICENSE
CheckRefrigeration, Inc. 8830.7th Avenue N.
Ganley's Heating and A/C 2401 80th Avenue N.
Hovde Heating 2222 Edgewood Avenue S.
Maple Grove Heating and A/C 8870 Zealand Avenue N.
Marsh Heating and A/C 6248 Lakeland Avenue N.
Metro Brothers Heating and A/C 2710 Salem Avenue S.
Olson Sheet Metal Works 831 East Hennepin Ave.
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PERISHABLE VENDING MACHINE LICENSE
Twin City Vending Co., Inc. 1065 East Highway 36
Highland Superstore 5951 Earle Brown Drive
SIGN HANGERS LICENSE
Arrow Sign Company 18607 Highway 65 NE
Serigraphics Sign Systems 7321 Washington Ave. S.
The motion passed.
BROOKLYN CENTER BICENTENNIAL CONSTITUTION COMMITTEE
Mayor Nyquist recognized Fred Albright, a member of the Brooklyn Center
Bicentennial Constitution Committee. Mr. Albright stated he was present this
evening to request the City Council to approve an appropriation to finance the
fireworks which are planned for the September 17, 1987, Bicentennial
Constitution celebration. Mayor Nyquist stated he felt since the City Council
established this committee the City should take some financial responsibility
for it. Councilmember Theis inquired what has been spent on fireworks in the
past. The City Manager stated in the past approximately $4,000 to $5,000 has
been spent for each display. Councilmember Scott stated she agrees with the
mayor's statement that the City does have an obligation to help finance this
committee. Councilmember Theis stated he also agrees but he was wondering what
the level of funding for this display would be as compared to funding for Earle
Brown Days. He added Earle Brown Days takes place each year, and this event is
only once every 200 years
There was a motion by Councilmember Scott and seconded by Councilmember Theis
directing staff to prepare a Resolution Providing for a $4,500 Contingency
Appropriation for the Brooklyn Center Bicentennial Constitution Committee
Fireworks Display. The motion passed.
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RESOLUTIONS (CONTINUED)
The City Manager presented a Resolution Accepting Work Performed under Contract
1986 -P (Public Utility Systems for Earle Brown Commons). Councilmember Hawes
inquired if the planned quantities for materials are given by the City. The
City Manager responded affirmatively. The Director of Public Works noted staff
tried to obtain construction plans from the owner, but these plans were not
available. He noted Planning & Inspection did have a set of plans, however, the
manhole was not shown on this particular set of plans. He stated if staff had
been aware of this condition the additional materials would have been planned
for.
RESOLUTION NO. 87 -120
Member Bill Hawes introduced the following resolution and moved its adoption
RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1986 -P (PUBLIC UTILITY
SYSTEMS FOR EARLE BROWN COMMONS)
The motion for the adoption of the foregoing, resolution was duly seconded by
member Rich Theis, and the motion passed unanimously.
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DISCUSSION ITEMS
H UMAN RIGHTS COMMISSION REPORT ON YEAR 2000 ISSUE NO 1 ON SINGLE PARENT'
HOUSEHOLDS
The City Manager stated the Human Rights Commission has been reviewing this
issue for the past year and one -half. The Personnel Coordinator stated at this
point the Human Rights p g Commission is looking.. for further direction . from the
Council if the Council wishes the commission to proceed with this issue.
Councilmember Scott stated,, and Mayor Nyquist agreed, that the commission has
done an excellent job of researching this issue and completing the report, and
they hope the other commissions will do as thorough a job. The City Manager
stated he would like to suggest that the City Council wait to give further
direction to the Human Rights Commission until the Council has received the
reports from the other commissions.
RECOMMENDATION FROM PARK & RECREATION COMMISSION TO RENAME THE SOCIAL HALL AS
CONSTITUTION HALL
The City Manager stated originally the Bicentennial Constitution Committee had
requested that Central Park be renamed Constitution Park, and the Council had
referred this item to the Park & Recreation Commission. The Park & Recreation
Commission reviewed this item and was somewhat reluctant to change the name of
Central Park, and a suggestion was made to rename the social hall as
Constitution Hall in conjunction with the remodeling of that area. He noted the
reaction of the Bicentennial Committee was favorable for this idea.
Councilmember Theis inquired what type of display the committee has planned for
the social hall /constitution hall. The City Manager stated there would be
framed prints of the Constitution and other documents. Fred Albright, member of
the Constitution Committee, stated the committee would try to make the display
as significant as possible, but the committee must know what area will be
renamed before definite plans can be made.
There was a motion by Councilmember Hawes and seconded by Councilmember Scott to
accept the Park & Recreation Commission recommendation to rename the social hall
as constitution hall. The motion passed.
PLANNING COMMISSION ITEM
PLANNING COMMISSION APPLICATION NO 87007 SUBMITTED BY SHINGLE CREEK LAND
COMPANY REQUESTING LANDSCAPE PLAN APPROVAL FOR THE SHINGLE CREEK BUSINESS
CENTER CENTRAL PARKING LOT LOCATED NEAR 66TH AND SHINGLE CREEK PARKWAY
The City Manager noted this item was recommended for approval by the Planning
Commission at its May 21, 1987, meeting. The Director of Planning & Inspection
referred the Mayor and City Council to page one of the May 21, 1987, Planning
Commsfsion minutes and the informational sheet attached with those minutes. He
stated in September, 1986, the City Council approved "a landscape plan for this
area, and the applicant is now submitting an amended, scaled down version. The
Director of Planning & Inspection went on to review the amended landscape plan
and noted it is not part of the proof -of- parking area and it would remain a
permanently landscaped area. He stated the Planning Commission recommended
approval of this application subject to one condition which he reviewed for the
Council. The Director of Planning & Inspection stated a public hearing is not
required for this evening, however, a representative of the applicant is
present.
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Mayor Nyquist noted the Director of Planning -& Inspection had mentioned an
unlighted walkway in the landscape area and wondered if that would cause a
problem., The Director of Planning & Inspection stated he had mentioned the
unlighted walkway because in the previous _plan there had been lighting along the
walkway. He stated he does not feel a lighted walkway is necessary because of
the placement of lights for the parking lot. Councilmember Scott inquired if
there would be any seating or trash receptacles in the area. The Director of
Planning & Inspection stated he believed there would be four benches, scattered
in the landscape area. Mike Mallon, representing Shingle Creek Land Company,
stated there would be trash receptacles on both ends of the landscape area. The
City Manager stated if the Council wished they could add a second condition
stating the parking lot lighting should shed light into the landscape area and
the walkway.
There was a general consensus that the second condition should be added.
There was a motion by Councilmember Scott and seconded by Councilmember Theis to
approve Planning Commission Application No. 87007 subject to the following
conditions:
1. The performance agreement and financial guarantee being held to assure
completion of the central parking lot shall not be released in its
entirety until all landscaping, consistent with this approved plan,
has been installed and has proved to be viable.
2. The lighting plan for the central parking lot shall be so designed as
to shed light into the landscaped area separating the two portions of
the lot.
The motion passed.
RECESS
The Brooklyn Center City Council recessed at 7:45 p.m. and reconvened at 8 :01
p.m.
RESOLUTIONS (CONTINUED)
The City Manager presented 'a Resolution Approving Supplemental Agreement to
Contract 1987 -E, Brookdale 16 Inch Water Main Improvement Project No. 1987 -03.
The Director of Public Works briefly reviewed the memorandum submitted for this
resolution and noted the project will be completed earlier than if the
contractor had waited to place the order with the original supplier. He stated
staff is recommending approval of payment for the additional cost.
Councilmember Theis requested the Director of Public Works to briefly explain
the bid irregularity which initiated the delay. The Director of Public Works
stated the second low bidder on the project questioned the City's ability to
waive the irregularity in the low bidders proposal, and this resulted in a
restraining order which delayed the project. He went on to briefly explain the
irregularity in the low bidders proposal and noted the courts have ruled the
City has the authority to waive this type of irregularity. Councilmember Theis
inquired if there were any cost savings to other projects for the golf course by
deleting the 30 day delay for this pipe. The Director of Public Works stated
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the City could have been responsible for paying other contractors for their
overrun on the project.
Councilmember Theis stated he feels the contractor is partly to blame for the
delay. He added he does not believe the City should approve 100% reimbursement
for this additional expense He stated he believes 50 %; reimbursement would be
more appropriate.
RESOLUTION NO. 87 -121
Member Bill Hawes introduced the following resolution and moved its adoption:
RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT TO CONTRACT 1987 -E BROOKDALE 16 INCH
WATER MAIN IMPROVEMENT PROJECT NO. 1987 -03
The motion for the adoption of the foregoing resolution was duly seconded by
member Celia Scott, and the motion passed with Councilmember Theis opposed.
The City Manager presented a Resolution Accepting Bids and Awarding Contracts
for Community Center Improvement Project No. 1987 -05, Contract 1987 -C.
Councilmember Theis inquired why the bid for the reroofing was higher than the
original estimated cost. The Director of Public Works stated the replacement of
the insulation for the roof was much more involved than originally believed, and
incidental items such as lighting and heating had been overlooked in the
original estimate.
RESOLUTION NO. 87 -122
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACTS FOR COMMUNITY CENTER
IMPROVEMENT PROJECT NO. 1987 -05, CONTRACT 1987 -C
The motion for the adoption of the foregoing resolution was duly seconded by
member Rich Theis, and the motion passed unanimously.
The City Manager presented a Resolution Expressing Recognition of and
Appreciation for the Dedicated Public Service of Tom Slupske.
RESOLUTION NQ. 87 -123
Member Rich Theis introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC
SERVICE OF TOM SLUPSKE
The Lotion for the adoption of the foregoing resolution was duly seconded by
member Bill Hawes, and the motion passed unanimously.
The City Manager presented a Resolution Recognizing the Distinguished Public
Service of Jack Irving, City Manager, City of Crystal.
RESOLUTION a 7-
E LUT NN 8 124
Member Bill Hawes introduced the following resolution g r lution and moved its adoption:
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RESOLUTION RECOGNIZING THE DISTINGUISHED PUBLIC SERVICE OF JACK IRVING, CITY
MANAGER, CITY OF CRYSTAL
The motion for the adoption of the foregoing resolution was duly, seconded by
member Rich Theis, and the motion passed unanimously.
DISCUSSION ITEMS (CONTINUED)
TRAIL SYSTEM IMPROVEMENTS IN EAST PALMER LAKE PARK
The Director of Public Works briefly reviewed the memorandum prepared for this
item and noted staff did investigate the possibility of moving segment 2 to the
westerly edge of the wooded area behind the homes on Oliver Avenue. He stated
that soil conditions in this area are such that staff would not recommend'
constructing a trail in this area. He went on to review segment 3 and noted
that soil conditions behind the baseball field fence are substantially better
than staff previously assumed. He stated it appears the soil correction which
was done in conjunction with construction of the athletic fields was extended
far enough out to support a bituminous trail outside of the outfield fence.
Councilmember Theis inquired how staff came to this conclusion. The Director of
Public Works stated that three or four test holes were bored in the area to
determine the existing soil conditions.
RESOLUTION NO. 87 -125
Member Rich Theis introduced the following resolution and moved its adoption:
RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR EAST PALMER LAKE
TRAIL IMPROVEMENT PROJECT NO. 1987 -12
The motion for the adoption of the foregoing resolution was duly seconded by
member Celia Scott, and the motion passed unanimously.
CONTROL OF WILD GOOSE POPULATION
The City Manager stated a public hearing was held on May 21, 1987, for any
interested residents, concerning the wild goose population. He noted that only
two people were present at the hearing and that no negative comments have been
received regarding the proposed control procedures. He stated he recommends the
Council pass a motion to authorize the proposed program. Councilmember Hawes
inquired what areas the control program would be implemented in. The City'
Manager stated the control program would be started at Central Park and Palmer
Lake Basin. He noted that a program may be started at Twin Lake next year, but
this would need to be coordinated with the City of Crystal
There, was a motion by Councilmember Theis and seconded by Councilmember Hawes to
authorize staff to direct Dr. Cooper to proceed with the control of the wild
goose population program. The motion passed.
REVIEW OF CABLE TV BROADCASTS
The City Manager stated staff had video tapes from the cities of Shakopee,
Crystal, Plymouth, and St. Louis Park for review this evening. The Council
proceeded to review a small portion of each tape, and it was noted that some
cities are much more sophisticated in their taping procedures than other cities.
Councilmember Scott inquired if it is possible for anyone to find out how many
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people watch these meetings. The City Manager stated at this time there are no
figures available. Mayor Nyquist stated he was not impressed with any of the
tapes because there seems to be so much background noise from papers and other
people. Councilmember Theis stated he would dike to see ongoing costs as well
as ini tial costs included in the report for cost estimates.
REVIEW OF ADVISORY COMMISSION'S RECOMMENDATIONS ON THEIR ENABLING RESOLUTIONS
AND BYLAWS
The Personnel Coordinator stated that the advisory commissions have reviewed the
proposed resolutions and bylaws and noted there are recommendations for two
major changes and some small uniformity changes.
She went on to briefly review the recommendations from the Park & Recreation
Commission regarding its bylaws and noted the major change for the bylaws came
in Article VII, general provisions. She noted this change would allow the
chairperson to speak on behalf of the commission publicly with or without the
commission's approval of such statements. Councilmember Theis stated he is not
in favor of giving any of the commission chairpersons authority to speak on
behalf of the commissions unless the statement is approved by the commission
itself.
The Personnel Coordinator went on to review the recommendations made by the
Housing Commission and the Human Rights Commission. She stated the Council
should accept or reject any or all recommendations and pass a motion directing
staff to bring back the revised resolutions for consideration at a later date.
Councilmember Theis stated he was not in favor of allowing a chairperson to
speak on behalf of the commission unless the commission has first considered and
approved such statements. He added he is also opposed to allowing nonresidents
membership on the Housing Commission or any other advisory commission for the
City.
Councilmember Scott and Councilmember Hawes stated they agreed with
Councilmember Theis' - opposition to the chairperson issue and the nonresident
issue for the commissions.
There was a motion by Councilmember Theis and seconded by Councilmember Hawes
directing staff to revise the resolutions, deleting the items noted in the
Council's discussion, and to bring these resolutions back at a later date. The
motion passed.
PARK & RECREATION COMMISSION RECOMMENDATION TO INVESTIGATE SOLUTIONS TO PROBLEM
AT LIONS PARK LITTLE LEAGUE FIELD
The City Manager stated staff recommends monitoriri the situation throughout the
Little League season, and if there appears to be a problem an appropriate budget
recommendation can be made after review.
ADJOURNMENT
There was a motion by Councilmember Scott and seconded by Councilmember Hawes to
adjourn the meeting. The motion passed. The Brooklyn Center City Council
adjourned at 9:08 p.m.
City Clerk Mayo
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