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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: 6 -8 -87 -1- 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. 6 -8 -87 -2- 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. 6 -8 -87 -3- 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. p n Y p 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. 6 -8 -87 -4- 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. 6 -8 -87 -5- 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 6 -8 -87 -6- � M 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: 6 -8 -87 -7- 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 6-8 -87 -8 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 6 -8 -87 -9-