Loading...
HomeMy WebLinkAbout1987 08-24 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 AUGUST 24, 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 7:02 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, Director of Planning & Inspection Ron Warren, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. 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, and no requests were made. ! APPROVAL OF MINUTES - AUGUST 10 1987 - REGULAR SESSION There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve the minutes of the August 10, 1987, City Council meeting. The motion passed unanimously. FINAL PLAT APPROVAL - MARANATHA ADDITION There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve the final plat for the Maranatha Addition. The motion passed unanimously. PERFORMANCE BOND REDUCTION - BROOKDALE CORPORATE CENTER III 6160 SUMMIT DRIVE There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve the performance bond reduction for Brookdale Corporate Center III, 6160 Summit Drive. The motion passed unanimously. r RESOLUTIONS RESOLUTION NO. 87 -164 Member Rich Theis introduced the following resolution and moved its adoption: 8 -24 -87 r RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1987 -G (1987 SEALCOATING PROGRAM, IMPROVEMENT PROJECT NO. 1987 -09) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 87 -165 Member Rich Theis introduced the following resolution and moved its adoption: 'P RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES (ORDER NO. DST 08/24/87) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. LICENSES There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve the following list of licenses: FOOD ESTABLISHMENT LICENSE Bridgeman's 1272 Brookdale Center 1 Potato 2 1319 Brookdale Center GARBAGE AND REFUSE COLLECTOR'S VEHICLE LICENSE Aagard Sanitation P. 0. Box 14845 Waste Management- Blaine 10050 Naples Street NE NONPERISHABLE VENDING MACHINE LICENSE Car -Del Vending, Inc. 2550 Kasota Avenue J. R. Vending 5312 Perry Avenue North RENTAL DWELLING LICENSE Renewal: Clinton Sawinski 5918 Dupont Avenue North Lyndon and Carole Carlson 5819 Halifax Avenue North Leslie Reinhardt 5713 Humboldt Avenue North Patricia Zawislak 5543 Judy Lane Kristin Norstad 4201 Lakeside Avenue N. #103 John and Elizabeth Hass 4201 Lakeside Avenue N. #306 Gary and Nancy Clark 4207 Lakeside Avenue N. #239 Henry Ulhorn 5207 E. Twin Lake Boulevard Joseph Kennedy 509 - 61st Avenue North Outreach Group Homes, Inc. 507 - 69th Avenue North The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Accepting Proposal and Awarding Contract for Refurbishing Work at the East Fire Station and at the West Fire Station /Liquor Store No. 2 (Project No. 1987 -18). The Director of Public Works stated bids for this project were opened on Friday, August 21, 1987. He noted five contractors requested plans and specifications for this project but only 8 -24 -87 -2- one bid was received. He stated staff feels the bid received is a reasonable bid and recommends accepting the proposal. RESOLUTION NO. 87 -166 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL AND AWARDING CONTRACT FOR REFURBISHING WORK AT THE EAST FIRE STATION AND AT THE WEST FIRE STATION /LIQUOR STORE NO. 2 (PROJECT NO. 1987 -18) The motion 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 Rejecting Bid for Refurbishing Work in the Police Department (Project No. 1987 -19). The Director of Public Works stated only one proposal was received for this project, and staff feels the bid amount is much too high for the work required. Councilmember Lhotka inquired what work was left in the police department. The City Manager stated it was mostly painting which needed to be completed. RESOLUTION NO. 87 -167 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION REJECTING BID FOR REFURBISHING WORK IN THE POLICE DEPARTMENT (PROJECT NO. 1987 -19) 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 Establishing Improvement Project No. 1987 -20 (Rehabilitation of Well Houses No. 5 and No. 6) and Approving Agreement with Roger Johnson - Richard Smith Architects, Inc. to Provide Professional Services Relating to this Project. He noted the Director of Public Works has some slides showing the two structures and the deterioration. The Director of Public Works went on to review the slides and the condition of well house No. 5, 7001 Camden Avenue North. He noted well house No. 5 has serious roof leakage problems and deteriorated exterior wood siding. He noted some minor modifications are needed to provide safety improvements recommended by the Minnesota Department of Health and by OSHA. Councilmember Theis inquired if the roof has to be replaced exactly as it is now. The Director of Public Works stated it would be more economical to replace it as it is than it would be to redesign it. Councilmember Scott inquired what type of exterior siding would be used. The Director of Public Works stated it would be redwood or cedar siding. Councilmember Lhotka inquired if there was a real need for an architect on this well house. The Director of Public Works stated an architect would be very helpful in deciding the type of insulation to be used on this building and the final plans for the roof slope. He added an architect would not be required for this project, but if one is being hired for well house No. 6 he may as well look at well house No. 5 also. The Director of Public Works went on to review well house No. 6, 1207 69th Avenue North. He noted well house No. 6 has severe roof leakage and roof ` 8 -24 -87 -3- deterioration problems and also severe moisture - entrapment problems in many of the upper wall and roof areas. He added the exterior building design provides two excellent hiding areas which encourage vandalism. i E The Director of Public Works stated originally the building was designed to house the office and garage areas for the public utility department. He stated since that department was transferred to the City garage these areas are being utilized for storage, mostly for storage of voting machines. He stated with the purchase of the City's new voting equipment this area will probably no longer be needed for this purpose. The Director of Public Works stated staff is recommending an architect be hired and that the architect consider at least three alternatives for making preliminary cost estimates. He went on to briefly review the three alternatives and noted the architect would be paid on an hourly basis. j Councilmember Lhotka inquired what the architects preliminary estimate of his fee would be. The Director of Public Works stated there was no preliminary estimate at this time but he believed it would be under $5,000. Councilmember Lhotka stated he felt there should be a "not to exceed" clause in the resolution instead of giving the architect a blank check. The Director of Public Works stated from past experience staff believed the Council felt an architect or other professional will use the entire amount of money, even if the entire amount is really not necessary, if a "not to exceed" clause is included in the resolution. A brief discussion then ensued regarding various approaches which could be used in having the architect give an estimate to the City. The Director of Public Works stated he believed $3,000 to $5,000 is a reasonable estimate for the architect to do an analysis of the project. He stated he did not feel the City would be giving the architect a blank check by passing this resolution. He added there comes a point where the staff and Council must have confidence in the architect or other professional and believe he will do a reasonable and professional job in a reasonable period of time. a There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to table this item until September 1, 1987, to allow the architect time to give the City a "not to exceed" figure. The motion passed unanimously. Councilmember Scott stated she would like the City Manager to find out how much money has been spent on architectural fees over the past year. The City Manager presented a Resolution Approving Adjustments to the 1987 Budget of the North Metro Convention and Tourism Bureau. The City Manager stated the adjustments being made to the budget were basically adjustments to certain line items. He noted when the budget was actually prepared for 1987 the North Metro Convention and Tourism Bureau had no idea of what the actual revenues and expenditures would be. RESOLUTION N0, 87 -168 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING ADJUSTMENTS OF THE 1987 BUDGET OF THE NORTH METRO CONVENTION AND TOURISM BUREAU 8 -24 -87 -4- The motion 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 Approving Agreement between the City of Brooklyn Center and the Convention and Visitors Bureau. He stated there have been some basic changes to the original agreement and noted one change has to do with adjustments and modifications to the budget. He stated after this agreement is approved the budget could be adjusted by a two- thirds vote of the Board of Directors, and the participating City Council would not have to be involved. RESOLUTION NO. 87 -169 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE CONVENTION AND VISITORS BUREAU AGREEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. Mayor Nyquist inquired what type of City representation was on this board. The City Manager stated the City appoints one representative and the chamber also appoints one representative. He noted Councilmember Hawes has been the representative on the Board of Directors. Councilmember Hawes stated he has recently resigned from this position because of new employment. Mayor Nyquist inquired if the Council should appoint someone to replace Councilmember Hawes. The City Manager responded affirmatively. There was some discussion as to the normal meeting dates and times and there was a general consensus that the appointment of a representative to the North Metro Convention and Tourism Bureau Board of Directors would be laid over until the September 1, 1987, meeting. The City Manager stated he would inform the Council of the normal meeting date and time for this Board of Directors. PUBLIC HEARING REGARDING CREATION OF AN ECONOMIC DEVELOPMENT AUTHORITY The City Manager noted a public hearing has been scheduled this evening regarding the creation of an Economic Development Authority. He noted in order to operate the Earle Brown Farm it would be easier to gain legal authority by creating an EDA and abolishing the HRA. He stated the EDA can do everything an HRA can plus more. He noted Dave Kennedy from the City attorney's office is available this evening for any questions the Council may have. Mr. Kennedy stated the City attorney's office was uncomfortable with the HRA performing the duties that will be required to operate the Earle Brown Farm. He stated the EDA can easily and legally perform the duties of operating the Earle Brown Farm and all other future projects. He stated the HRA will not actually be abolished because there is no statutory way of dissolving the HRA. In the future the Council will meet as the EDA, but the HRA will continue to exist for the purposes of past projects. Mayor Nyquist opened the meeting for the purpose of a public hearing regarding creation of an Economic Development Authority. He inquired if there was anyone in the audience who wished to address the Council. No one requested to speak and he entertained a motion to close the public hearing. 8 -24 -87 -5- There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing. The motion passed unanimously. RESOLUTION NO. 87 -170 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ENABLING THE CREATION OF AN ECONOMIC DEVELOPMENT AUTHORITY IN THE CITY The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. ORDINANCES The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding Zoning. He noted this amendment is a housekeeping change incorporating Section 35 -200 into Section 35 -202. He added this item was first read on July 13, 1987, published in the City's official newspaper on August 13, 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 35 of the City Ordinances Regarding Zoning 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 Lhotka and seconded by Councilmember Theis to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding Zoning. The motion passed unanimously. ORDINANCE NO. 87 -09 Member Rich Theis introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING ZONING The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and the motion passed unanimously. The City Manager presented An Ordinance Adding Chapter 18 Regarding Authority of Certain Personnel to Issue Citations and Specified Conditions. He noted this ordinance would allow nonlicensed personnel (code enforcement officers, health department personnel, and building inspectors) the authority to issue citations. He added this item was first read on July 27, 1987, published in the City's official newspaper on August 6, 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 Adding Chapter 18 Regarding Authority of Certain Personnel to Issue Citations and Specified Conditions, and 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. 8 -24 -87 -6- There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to close the public hearing on An Ordinance Adding Chapter 18 Regarding Authority of Personnel to Issue Citations and Specified Conditions. The motion passed unanimously. ORDINANCE NO. 87 -10 Member Gene Lhotka introduced the following ordinance and moved its adoption: AN ORDINANCE ADDING CHAPTER 18 REGARDING AUTHORITY OF CERTAIN PERSONNEL TO ISSUE CITATIONS AND SPECIFIED CONDITIONS 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 35 of the City Ordinances Regarding the Zoning Classification of Certain Land. He noted this item would change the zoning classification to allow for the Maranatha Addition. He stated generally the City does not hold a second reading on the rezoning of certain land until the final plat has been filed. He noted in this case the final plat has not yet been filed and staff recommends the public hearing be opened and continued to the September 1, 1987, City Council meeting. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land 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 continue the public hearing to the September 1, 1987, City Council meeting. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to continue the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land to the September 1, 1987, City Council meeting. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8 :13 p.m. and reconvened at 8:30 p.m. DISCUSSION ITEMS PROPOSED AGREEMENT WITH MNDOT FOR DISPOSAL OF SURPLUS RIGHT -OF -WAY BEHIND NOISE WALLS AND NOISE MOUNDS ALONG I -94 The City Manager stated the Director of Public Works has been working with MNDOT on an agreement for, disposal of surplus right -of -way behind noise walls and noise mounds along I -94. The Director of Public Works stated the City has encouraged interested property owners and MNDOT to come to an agreement regarding the transfer of surplus right -of -way to the adjoining property owners. He noted MNDOT must follow both State and Federal regulations when they transfer properties to adjoining owners. He stated several times MNDOT has tentatively agreed to sell properties to an adjoining owner only to have negotiations collapse due to excessive red tape, MNDOT appraisals of land values which prove unacceptable to the potential buyers, and other obstacles. He stated in order 8 -24 -87 -7- to resolve this impasse, he contacted MNDOT's district 5 right -of -way engineer to attempt to develop a workable solution to this problem. The Director of Public Works went on to review transparencies of the various parcels involved and their benefit to adjoining property owners or the City. He stated staff does not recommend the City purchase any properties which are located between a City street and the noise wall or mound because the City would receive no benefits from these properties. He added staff does not recommend proceeding with the platting procedure for each property unless an adjoining property owner shows genuine interest in the lot. Councilmember Theis inquired what the advantage is to the adjoining property owners of having this property in their name versus MNDOT's name. The Director of Public Works stated in some cases there is no real advantage unless the property owner needs extra square footage for accessory structures on his property. Councilmember Scott stated several residents in the area would prefer to extend their fence lines back to the noise wall or mound but feel they should not do this unless the property actually belongs to them. She noted there is a lot of cut - through traffic in this area and residents would like to keep these people out of their back yards. The Director of Public Works added MNDOT has told property owners they can extend fences back to the noise wall or mounds without owning the property. However, most property owners are unwilling to do this because of the liability it may create and because they are unsure of future plans of MNDOT. Councilmember Scott inquired if it would be possible to have MNDOT pay their share of the platting and surveying costs for the three developable parcels of property which MNDOT proposes to retain. The Director of Public Works stated the fact that the City would pay for the platting and surveying costs for the three developable parcels of property is what sold the deal to MNDOT. Discussion then ensued regarding the various courses of action which could be taken regarding these properties. There was a general consensus that the first step which needed to be taken was to have the parcels surveyed and legal descriptions developed for the properties. RESOLUTION NO. 87 -171 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1987 -21 (SURVEY AND PLATTING OF SURPLUS MNDOT RIGHT -OF -WAY ALONG INTERSTATE HIGHWAY I -94) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. SEPTEMBER COUNCIL MEETING CALENDAR The City Manager noted because the Labor Day Holiday falls later in the month than usual a rather unusual Council meeting schedule has been set up for September. He noted the regularly scheduled meetings are September 1, which is a Tuesday evening, and September 14. He noted because the issue of the Bill Kelly house will be scheduled for the September 14, 1987, City Council meeting, he is recommending the City Council meet on Wednesday, September 9, 1987, to 8 -24 -87 i continue the budget hearing process. He added if an additional meeting is needed for the budget hearings Monday, September 21, 1987, has also been scheduled. There was a general consensus among Councilmembers to meet on Wednesday, September 9, 1987, to continue the budget hearing process and if an additional day is needed for budget review they will meet on Monday, September 21, 1987. LEAGUE OF MINNESOTA CITIES MEETING The City Manager noted Councilmembers had received a copy of the issue papers for the 1987 regional meetings, and he inquired if the Council wishes to vote individually or as a group on these issues. Councilmember Lhotka stated after briefly reviewing the issue papers he believes the voting should be done individually because it could take several meetings for the Council to come to a general consensus regarding some of these issues. The City Manager stated these issues could be discussed further at the September 1, 1987, City Council meeting, and the City Council could vote individually after the meeting. OTHER BUSINESS PERSONNEL AGREEMENT NO. 470 -30 -1734 There was a motion by Councilmember Lhotka and seconded by Councilmember Scott authorizing the Mayor and City Manager to sign personnel agreement No. 470-30 - 1734. The motion passed unanimously. Councilmember Scott stated she believed a letter of recognition should be sent to the City's newest police officer, John Rayl, and his police dog since they placed first in regional competition. There was a motion by Councilmember Scott and seconded by Councilmember Theis to send a letter of recognition to Officer John Rayl, Jr. for placing first in the 1987 Regional Police Dog Trail competition. The motion passed unanimously. Mayor Nyquist stated he had received a letter from John Derus, Chairman of the Hennepin County Regional Railroad Authority. The letter states three committees will be formed to prepare a comprehensive LRT system plan. He noted the letter requests that affected communities appoint people to these committees. He added the letter does not go into great detail regarding the duties and goals of each committee and the amount of time which is expected of the committee members. Councilmember Lhotka stated he would like to volunteer to be on the Intergovernmental Advisory Committee. There was a motion by Councilmember Theis and seconded by Councilmember Scott to appoint Councilmember Lhotka to the Intergovernmental Advisory Committee. The motion passed unanimously. The City Manager stated he would have someone contact John Derus' office for more information regarding the Corridor Advisory Committee. He noted the Hennepin County Regional Railroad Authority has asked that four citizens from the northwest area be appointed. Mayor Nyquist stated he felt citizens should be asked if they are willing to commit some time to this project before they are appointed. The City Manager stated he would have more information regarding this committee by the September 1, 1987, City Council meeting. 8 -24 -87 -9- ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Theis to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:26 p.m. City Clerk Mayor t i f i i I i 8 -24 -87 -10-