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HomeMy WebLinkAbout1987 02-23 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 FEBRUARY 23, 1987 � CALL TO ORDER CITY HALL 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, Director of Planning & Inspection Ron Warren, City Attorney Ron Batty, HRA Coordinator Brad Hoffman, 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 other than item 8d. No other requests were made. APPROVAL OF MINUTES - FEBRUARY 9 1987 - REGULAR SESSION There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the minutes of the City Council meeting of February 9, 1987 as submitted. The motion passed unanimously. MAYORAL APPOINTMENT There was a motion by Councilmember Hawes and seconded by Councilmember Scott to appoint Todd R. Paulson, 3216 Poe Road, to the Brooklyn Center Housing Commission. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 87 -33 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1987 -07 (HEATING SYSTEM IMPROVEMENT AT MUNICIPAL SERVICE GARAGE) AND APPROVING AGREEMENT TO PROVIDE ENGINEERING SERVICES RELATING THERETO The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 2 -23 -87 -1- RESOLUTION NO. 87 -34 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING CITY ENGINEER'S REPORT, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECT NO. 1987 -03, CONTRACT 1987 -E (INSTALLATION OF WATER MAIN FROM LIONS PARK TO THE INTERSECTION OF COUNTY ROAD 10 AND SHINGLE CREEK PARKWAY) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 87 -35 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF TURNOUT GEAR FOR THE FIRE DEPARTMENT 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 Hawes and seconded by Councilmember Scott to approve the following list of licenses: BULK VENDING LICENSE K -Mart 5930 Earle Brown Drive CATERING FOOD VEHICLE LICENSE Bridgeman's 6201 Brooklyn Boulevard ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Lions 6500 Humboldt Avenue N. Earle Brown PTA 5900 Humboldt Avenue N. MECHANICAL SYSTEMS LICENSE C.O. Carlson Air Conditioning Co. 1156 Aldrich Avenue N. NONPERISHABLE VENDING MACHINE LICENSE 4 American Vending Company P.O. Box 511 Sears Automotive Brookdale Center Beacon Bowl 6525 Lyndale Avenue N. Cass Screw Company 4748 France Avenue N. Jimmy Jingle 1304 East Lake Street Brookdale Corporate Center 6300 Shingle Creek Pkwy. Johnson Control 1801 67th Avenue North Palmer Lake Plaza 6860 Shingle Creek Pkwy. K -Mart 5930 Earle Brown Drive Maranatha Conservative Baptist Home 5401 69th Avenue North PERISHABLE VENDING MACHINE LICENSE American Vending Company P.O. Box 511 2 -23 -87 -2- Sears Automotive Brookdale Center Beacon Bowl 6525 Lyndale Avenue North Jimmy Jingle 1304 East Lake Street Brookdale Corporate Center 6300 Shingle Creek Pkwy. Palmer Lake Plaza 6860 Shingle Creek Pkwy. TCR Corporation 1600 67th Avenue North Maranatha Conservative Baptist Home 5401 69th Avenue North Norcraft, Inc. 229 South 4th Street Brooklyn Center High School 6500 Humboldt Avenue N. READILY PERISHABLE FOOD VEHICLE LICENSE Bridgeman's 6201 Brooklyn Boulevard Ted Burlingame 5919 June Avenue N. RENTAL DWELLING LICENSE Initial: Severin M. Chmielewski Humboldt Square Apartments Renewal: Invespro II Limited Partnership Columbus Village Apartments Village Properties Evergreen'Park Manor Eugene Sullivan 5401 Brooklyn Boulevard Nelson S. Gregg 6715 17 Humboldt Ave. N. William Shutte 6717, 19 Humboldt Ave. N. Julia Paulson 5315 Knox Avenue North Gary Scherber 4708. Lakeview Avenue N. Jerry & Karen Fobbe 4811 Lakeview Avenue N. Harold Swanson 7230 West River Road Harold Swanson 7250 West River Road Edward Sass 5103:Xerxes Avenue North Donald Kutz 6837 York Place Oien and Sullivan 3606: 58th Avenue North Larry Pederson 5401 63rd Avenue North Ruth Kalanquin 5348•. 70th Circle Curtis Cady 1312 72nd Avenue North SIGN HANGERS LICENSE Nordquist Sign Company, Inc. 312 West Lake Street SPECIAL FOOD HANDLING LICENSE C.O.M.B. Company 5425 Xerxes Avenue North Children's Palace #81 5900 Shingle Creek Pkwy. Gift Shop, Too (Holiday Inn) 1501.Freeway Boulevard r The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Approving Supplemental Agreement Relating to Installation of Storm Sewer through Centerbrook Golf Course (Improvement Project No. 1985 -23, Phase II; Contract 1986 -C). He noted that this supplemental agreement covers the additional work items required as a result of changed conditions encountered during installation of the storm sewer. 2 -23 -87 _3_ Councilmember Scott inquired whether enough soil borings had been taken at this time or if there would be more changes. The Director of Public Works stated that he did not anticipate any more changes to the project. Councilmember Theis inquired if the many change orders involved in this project are adversely affecting the financing of the golf course. The City Manager stated that this I particular storm sewer project is not coming from the golf course financing. RESOLUTION NO. 87 -36 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT RELATING TO INSTALLATION OF STORM SEWER THROUGH CENTERBROOK GOLF COURSE (IMPROVEMENT PROJECT NO. 1985 -23, PHASE II; CONTRACT 1986 -C) 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 Change Order Relating to the Rehabilitation of the Existing Pedestrian Bridge at the Centerbrook Golf Course (Improvement Project No. 1985 -23, Phase I; Contract 1986 -C). He noted this change order covers a revision of planned details which have been determined to be necessary in order to assure adequate structural design of this bridge. Councilmember Lhotka inquired why the design of the current bridge was not adequate. The Director of Public Works stated that this bridge had not been designed for the vertical load which the golf course would create. He also stated it would not handle the possible impact from a golf cart or maintenance vehicle hitting the bridge. Councilmember Lhotka stated that he did not believe . other golf courses have railings on the bridges crossing waterways. The Director of Public Works stated that he does not believe other golf courses have such a large area of water for the bridges to span, and added that if they do have such a large area of water, generally a wider bridge would be built for the area. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to table the Resolution Approving Change Order Relating to the Rehabilitation of the Existing Pedestrian Bridge at the Centerbrook Golf Course until the March 9, 1987 City Council meeting: The motion passed unanimously. The City Manager presented a Resolution Approving Change Order Relating to Construction of a Maintenance Garage at the Centerbrook Golf Course (Improvement Project No. 1985 -23, Phase I; Contract 1986 -C). He noted this change order provides for the installation of a three stall garage in lieu of a two stall garage provided for by the contract. Councilmember Theis inquired if the cost of the automatic garage door opener was a substantial amount of the increase. He noted that the building is being expanded by 50% yet the cost of the building is doubling. The Director of Public Works stated that the cost of the opener is approximately $400 to $500. He noted that with the expansion of the garage there would be certain fencing and grading changes which are resulting in the higher cost. He also noted that the original garage would be a prefab 24' by 24' garage and that the proposed change is not available as a prefab unit. Councilmember Lhotka inquired what would be stored in the larger garage that the 2 -23 -87 -4- staff was not aware of at the beginning. The City Manager noted that this was strictly an oversight and that staff was spending more time looking at the soil conditions and not enough time looking at this building plan. Councilmember Lhotka inquired what would happen if the Council did not approve this change. r The City Manager stated that certain pieces of equipment would have to be left outside. RESOLUTION NO. 87 -37 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER RELATING TO CONSTRUCTION OF A MAINTENANCE GARAGE AT THE CENTERBROOK GOLF COURSE (IMPROVEMENT PROJECT NO. 1985 -23, PHASE I; CONTRACT 1986 -C) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. The City Manager presented a Resolution Establishing Improvement Project No. 1987 -05 (Community Center Improvements) and Approving Agreement to Provide Professional Services Relating Thereto. He noted that the proposed project includes remodeling and redecorating the social hall and lobby area, tuck pointing deteriorated areas on the exterior walls and reroofing and insulation of the roof of the Community Center. He stated that funds for this project have been appropriated in the 1987 Community Center Division Budget and from the Capital Projects Fund. He added that staff recommends approval of the proposal for professional services as submitted by Carlson Mjorud Architecture Ltd. Mayor Nyquist inquired why there would be a need for architectural services for the reroofing. The Director of Public Works stated that the architectural services would cover many things such as recommending an appropriate roofing material from the wide variety available, investigating the possibility of additional insulation for the roof, heat loss calculations, and insuring the roof is structural) adequate fo y q r the type of roofing chosen. He added that he has been told from a number of sources that a roof is only as good as its installation, and a thorough inspection should be made during the installation. Councilmember Lhotka inquired if the Community Center currently has a totally flat roof. The Director of Public Works responded affirmatively. Councilmember Lhotka inquired if the roof would stay flat or a slope would be added. The Director of Public Works stated that a change may be made to the roof design because of some leaks in the past. Mayor Nyquist inquired if the committee had pursued the possibility of using local architects. The Director of Public Works stated that possibility had been looked into. Mayor Nyquist inquired if the Community Center presented a unique situation which would require the use of architectural services. The Director of Public Works stated that the Community Center situation is somewhat unique because of the swimming pool and the high moisture from the pool. He added that the social hall area and its design contributes to the uniqueness of the whole building. A brief discussion then ensued regarding the process used for choosing an architect and the fee negotiations which were submitted with the proposals. The Director of Public Works noted that the standard process and procedures had been 2 -23 -87 -5- used when selecting the architect. Councilmember Scott noted that in the past years the architectural service's fees have risen, and she inquired if it would not be cheaper to have an architect on staff instead of paying a negotiated fee each time we contract for services. The City Manager noted there are different types of specialties relating to architects such as electrical, heating, building design, etc. He noted that by hiring one architect all the needs of the City could not be met. Councilmember Scott inquired if it would not be easier to have someone on staff for the smaller projects. The City Manager noted that errors occur when people are not totally familiar with the specialized areas they are working on. Councilmember Hawes stated that he did not believe the City should spend so much money to fill in the hole in the social hall. The Director of Public Works noted these were preliminary estimates and that the cost could go down. Councilmember Hawes stated that he did not believe moving the heating vents from the floor to the walls would be that large of a problem. The City Manager noted that the heating, cooling and ventilating system for the social hall is very sensitive to moisture and other elements, and the system as a whole is very complex. Councilmember Theis stated that he would like a breakdown of the architectural fees for the different areas of the project. RESOLUTION NO. 87 -38 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1987 -05 (COMMUNITY CENTER IMPROVEMENTS) AND APPROVING AGREEMENT TO PROVIDE PROFESSIONAL SERVICES RELATING THERETO The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed with Councilmember Hawes opposed. The City Manager presented a Resolution Awarding the Sale of $1,200,000 General Obligation Improvement Refunding Bonds, Series 1987A Providing for the Form and Specifications Thereof; Providing for Their Payment; Providing for the Escrowing and Investment of the Proceeds Thereof; and Providing for the Redemption of, Bonds Refunded Thereby. He noted that Bob Pulscher from Springsted, Inc. is present this evening to answer any questions the Council may have. Mr. Pulscher indicated that the total savings to the City by refunding these bonds is $404,000. He noted that he recommends awarding the sale of bonds to Norwest. Councilmember Theis stated that at an earlier meeting it had been indicated Springsted, Inc. would be more able to invest at a higher rate than the City could. He asked if this were true. Mr. Pulscher stated his company cannot invest in anything the City could not, but the City's composite rate would most likely not equal that of Springsted, Inc. He noted this is merely a way of guaranteeing the rate for a call in 1991. Councilmember Theis inquired if Mr. Pulscher felt the market is at its lowest point now or could it possibly be lower in 1988. Mr. Pulscher stated that the rates are the lowest they have been in ten years, and he feels the rates could most likely be substantially higher in 1991. The City Manager stated there is no way the City can be assured that 2 -23 -87 -6- the rates have hit the absolute bottom. The City staff feels more comfortable refunding these bonds now than waiting for a lower rate and never having the market achieve the lower rate. Mr. Pulscher added that the gross savings would not be given to the City at this time, but would be earned between now and 1997. RESOLUTION NO. 87 -39 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION AWARDING THE SALE OF $1,200,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1987A PROVIDING FOR THE FORM AND SPECIFICATIONS THEREOF; PROVIDING FOR THEIR PAYMENT; PROVIDING FOR THE ESCROWING AND INVESTMENT OF THE PROCEEDS THEREOF; AND PROVIDING FOR THE REDEMPTION OF BONDS REFUNDED THEREBY The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. ORDINANCES The City Manager introduced An Ordinance Amending Chapter 29 of the City Ordinances to Bring Existing Terms of Office of the City Council into Conformance with the Amended City Charter. He explained the ordinance is offered for a first reading this evening. Councilmember Theis stated that he still has some concerns regarding the length of term extensions and asked how the rest of the Council felt. Councilmember Lhotka stated that he believed the Council has communicated their feelings regarding the term extensions from the beginning. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve for first reading An Ordinance Amending Chapter 29 of City Ordinances to Bring Existing Terms of Office of the City Council into Conformance with the Amended City Charter. Councilmember Theis stated that he realized this was only a first reading and that a public hearing is not scheduled, but he felt public input should be allowed this evening if there was anyone present.. Mayor Nyquist recognized Tony Kuefler, 5943 Abbott Avenue North, who stated he felt the terms were being extended on the liberal side. He stated that he did not believe the Charter Amendment took effect immediately, and stated that it I would make more sense to move each Councilmember's term expiration to the next even year and start the four year terms from that point. Mayor Nyquist stated that it was his and the legal Council's interpretation that the amendment would take effect 30 days after adoption. He noted that the term extensions had been figured from this interpretation. Mayor Nyquist recognized Phil Coen, 5304 Humboldt Avenue North, who stated that he would like a clarification of the term "challenge" which was in the memorandum prepared by the attorney's office. The City Attorney stated that he was not involved with this particular item and could not answer that question, but he would obtain a definition regarding the word "challenge ". Councilmember Scott stated that she believes a great many of the citizens of Brooklyn Center are confused regarding the term extensions, and she believes 2 -23 -87 -7- many of them expected the terms to be extended to the next even year. Upon vote being taken on the foregoing motion,. the following voted in favor thereof: Mayor Nyquist, Councilmembers Lhotka, Hawes and Theis. The following voted against the same: Councilmember Scott. The motion passed. The public hearing date for the ordinance was set for March 23, 1987 at 7:30 p.m. 3 Councilmember Theis stated that he voted for: the public hearing not the substance of the amendment. The City Manager presented An Ordinance Amending Chapter 35 Regarding the Planning Commission. He noted this amendment would allow the City Council to define by resolution rather than by ordinance the - duties and responsibilities of the Planning Commission. He stated this action 1s an effort to standardize the resolutions governing the City Council's advisory commissions, and added this item is offered for a first reading this evening. Councilmember Scott inquired whether representation from each area of the City should be required for the Planning Commission and whether this should be addressed in the resolution or the ordinance. Councilmember Lhotka inquired how other cities handle their advisory commissions. The City Manager stated that generally the bylaws and other items are set forth in resolution form. Councilmember Lhotka asked if there was another reason other than the standardization of the resolutions governing the City Council's advisory commissions for this change. The City Manager stated that by placing the duties and responsibilities of the Planning Commission in resolution form the Council could allow for an interim appointment while a Planning Commission member is out with an extended illness. Councilmember Lhotka inquired why this was originally set up in ordinance form versus the resolution form. The Director of Planning & Inspection stated this ordinance was created in 1968 and since that time other commissions have been set up using the resolution format. He noted that in the future, if modifications were required, it would be much easier to amend the resolution versus the ordinance amendment process. Councilmember Theis inquired if there is a book available that contains all the rules and regulations relating to advisory commissions. The City Manager stated that type of book is being worked on right now. Councilmember Theis stated he would like to see a copy of the book when it is completed. He added that he believes in some instances a resolution is more likely to be put aside and forgotten about than an ordinance, which seems to have more stricter controls. A discussion then ensued regarding the possibility of putting together a book which would contain all resolutions which set forth City policies and regulations. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve for first reading An Ordinance Amending Chapter 35 Regarding the Planning Commission and to set the public hearing date on the ordinance for March 23, 1987 at 7:30 p.m. The motion passed with Councilmember Lhotka opposed. 2 -23 -87 -8- LAW ENFORCEMENT LABOR SERVICES LOCAL NO. 82 CONTRACT The City Manager noted that the Council has before them this evening a signed copy of the contract for Local No. 82. He added that an agreement has been made regarding the errors in the arbitration agreement for vacation and insurance. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to authorize the Mayor and City Manager to execute a contract with Law Enforcement Labor Services Local No. 82. The motion passed unanimously. RESOLUTION NO. 87 -40 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1987 EMPLOYEE POSITION AND CLASSIFICATION PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:28 p.m. and reconvened at 8:43 p.m. DISCUSSION ITEMS DISEASED SHADE TREE REMOVAL PROCEDURES AND SPECIFICATIONS FOR 1987 PROJECT The Director of Public Works reviewed for Councilmembers the procedures used in the past for removal of diseased shade trees. He went on to review the proposed procedure and noted that approximately 20 days could be cut from the time a tree is marked until removed if the Council approves the new procedure. Councilmember Lhotka stated it appears that each property owner would have at least 20 days in which to respond to the City after a tree has been marked. The Director of Public Works responded affirmatively. Councilmember Lhotka stated that he would like to see a copy of the notice which is sent to all property owners whose trees have been marked. Councilmember Theis inquired if any provisions had been made in the event that the property owner lives out of town or out of state. The Director of Public Works stated that if this were the case, the notice would be sent certified mail as in the past. He noted that if this occurs it could take 50 to 55 days in which to remove a tree. The City Manager stated that due to a change in the State law, the City is not required to take responsibility for private property with diseased trees. Councilmember Scott inquired if the problem of diseased trees would be worse this year because of the mild winter. The Director of Public Works stated that the staff believes the diseased shade tree problem will be much worse this year than in the past. There was a motion by Councilmember Scott and seconded by Councilmember Hawes directing staff to prepare a resolution outlining the diseased shade tree removal procedures and specifications for the 1987 project. The motion passed unanimously. Councilmember Lhotka stated he would like to see a listing of any of the disadvantages of the new policy before the next Council meeting. 2 -23 -87 -9- The Director of Public Works reviewed the report and Resolution Establishing Improvement Project No. 1987 -06 (Diseased Shade Tree Removal), Approving Plans and Specifications Therefor and Ordering Advertisement for Bids (Contract 1987 - D). Councilmember Theis inquired if the City would be reimbursing the secondary contractor at a flat rate for the bonding and insurance costs. The Director of Public Works stated that staff would have to evaluate this area when the options started. Councilmember Theis inquired if it would depend upon the amount of work which was to be assigned to the secondary contractor. The Director of t Public Works stated he believed the specifications were written in this way. RESOLUTION NO. 87 -41 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1987 -06 (DISEASED SHADE TREE REMOVAL), APPROVING PLANS AND SPECIFICATIONS THEREFOR AND ORDERING ADVERTISEMENT FOR BIDS (CONTRACT 1987 -D) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. MNDOT PLANS FOR MILLING AND RESURFACING OF T.H. 100 FROM SOUTH CITY LIMITS TO 50TH AVENUE NORTH The Director of Public Works briefly explained the project proposed by MNDOT and stated all work is required to be done during night time hours and weekends. He noted that some concerns had been raised regarding the noise, but added there were very few residences close to T.H. 100 in this area. He stated that the milling operation in any one area would take approximately one night per northbound or southbound lane. MNDOT PLANS FOR REVISIONS TO THE TRAFFIC MANAGEMENT SYSTEM SERVING I -94 AND I- 94/1-694 The Director of Public Works briefly reviewed the plans for the proposed MNDOT project. He stated that basically the two benefits for Brooklyn Center would be the installation of a traffic signal on the high occupancy vehicle ramp at Brooklyn Boulevard going eastbound to I -94 and a changeable message board on the eastbound lane west of Brooklyn Boulevard. He noted that this changeable message board should be in place before the three lane work begins on I -694. 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 9:18 p.m. City Clerk M o 2 -23 -87 -10-