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HomeMy WebLinkAbout1986 05-05 CCM Regular Session j MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 5, 1986 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:03 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, Liquor Stores Manager Jerry Olson, City Attorney Richard Schieffer, HRA Coordinator Brad Hoffman, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Councilmember Lhotka. OPEN FORUM Mayor Nyquist noted that he had received a request from Douglas Eidem, 7207 Logan Avenue North, to use the Open Forum session this evening. Mr. Eidem stated he was under the impression the Council would be addressing the issue of R.V., trailer, and boat parking in residential areas. He stated that he felt homeowners should be allowed to park such vehicles on their property. He noted that these items are very costly to purchase and that most owners prefer to keep these items close to them and not at an off -site storage facility. Councilmember Lhotka stated that this item is not on the Council agenda this evening but that it would be before the Council in the future. He added that it is not so much the storage of these items but where and the manner in which these items are stored on the property that the Council will be addressing. Mayor Nyquist stated that he thought arrangements could be made so that Mr. Eidem would be notified when this issue was before the Council. CONSENT AGENDA Mayor Nyquist inquired if any Council members requested any items removed from the Consent Agenda. Councilmember. Lhotka requested that items 9b and 9h be removed and Councilmember Hawes requested 9a and 13 be removed from the Consent Agenda. APPROVAL OF MINUTES - APRIL 21 1986 - REGULAR SESSION There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve the minutes of the April 21, 1986 City Council meeting. The motion passed unanimously. MAYORAL APPOINTMENTS - NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION There was a motion by Councilmember Theis and seconded by Councilmember Lhotka 5 -5 -86 -1- to reappoint Fran Gunberg to a term expiring December 31, 1987. The motion passed unanimously. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to appoint John Casey to a term expiring December 31, 1986. The motion passed unanimously. PERFORMANCE BOND REDUCTION - 6849 BROOKLYN BOULEVARD There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to reduce the performance bond from $20,000 to $2,000 for Brooklyn Service Center, 6849 Brooklyn Boulevard. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 86 -70 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING AMENDMENTS TO THE MORTGAGE ORIGINATION AND SALE AGREEMENT FOR MORTGAGES ORIGINATED IN COLUMBIA HEIGHTS, RELATING TO THE 1982 SINGLE MORTGAGE REVENUE BOND PROGRAM UNDERTAKEN JOINTLY BY THE CITY OF BROOKLYN CENTER, THE CITY OF COLUMBIA HEIGHTS, THE CITY OF MOORHEAD AND THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF ROBBINSDALE, MINNESOTA The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. RESOLUTION NO. 86 -71 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING PAYMENT TO STS CONSULTANTS LTD. FOR SUBSURFACE EXPLORATION FOR FRANCE AVENUE NORTH AREA The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. RESOLUTION NO. 86 -72 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION RECEIVING ENGINEER'S REPORT, ESTABLISHING SEAL COATING IMPROVEMENT PROJECT NO. 1986 -12, APPROVING SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS (CONTRACT 1986 -J) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. RESOLUTION NO. 86 -73 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1985 -A (RAMADA LIFT STATION IMPROVEMENT PROJECT NO. 1984 -05) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. 5 -5 -86 _2_ The City Manager presented a Resolution Amending Resolution No. 85 -114 Establishing a Municipal Golf Course Enterprise Fund and Authorizing an l\ Interfund Loan. Councilmember Hawes asked about the difference in figures between item No. 3 and item No. 4 in the resolution. The City Manager stated that there had been a typographical error in No. 4 and that the amount should be $1,100,000. RESOLUTION NO. 86 -74 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AMENDING RESOLUTION NO. 85 -114 ESTABLISHING A MUNICIPAL GOLF COURSE ENTERPRISE FUND AND AUTHORIZING AN INTERFUND LOAN The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Authorizing the Mayor and City Manager to Enter into an Agreement with the Domestic Assault Intervention Project. Councilmember Lhotka stated he would like to see a report which would explain how the money is being spent. The City Manager stated he would speak to Chief Lindsay regarding a statistical report. RESOLUTION NO. 86 -75 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE DOMESTIC ASSAULT INTERVENTION PROJECT The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager presented a Resolution Accepting Bid and Approving Contract for Installation of Water Utility Control System Improvement Project No. 1985- 19 (Contract 1986 -D). The Director of Public Works briefly reviewed the memorandum which was prepared for this item and stated that there are representatives from Orr - Schelen- Mayron & Associates (OSM) here this evening to answer any questions which the Council may have. Councilmember Lhotka asked if staff or the representatives from OSM had seen the report from Edison Controls which was presented this evening. The Director of Public Works stated that neither he nor the representatives from OSM had reviewed the report from Edison Controls. There was a general consensus among Council members that the Resolution Accepting Bid and Approving Contract for Installation of Water Utility Control System Improvement Project No. 1985 -19 (Contract 1986 -D) be held over until later in the meeting when the representatives from OSM have had a chance to review the report. The City Manager presented a Resolution Approving Agreement with Westwood Planning & Engineering Company to Provide Construction Management Services Relating to Brooklyn Farm Area Storm Drainage Improvement Project No. 1986 -08.- 5 -5 -86 -3- He stated that staff is proposing to use the same firm which developed the construction plans and specifications for this project, to now provide administration, inspection and surveying as needed during construction of the project. The Director of Public Works stated that because of the requirements placed by the Shingle Creek Watershed Commission and the changes made by Ryan himself, the cost had increased. Councilmember Lhotka asked if Ryan was still paying 86% of the project. The Director of Public Works responded affirmatively. Mayor Nyquist asked if the requirements placed by the Watershed Commission were legitimate. The Director of Public Works stated that the rules and regulations adopted by the Shingle Creek Watershed Commission are very meaningful and necessary. Councilmember Hawes asked whether the City Council or the Watershed Commission has the final say on these matters. The Director of Public Works stated that the City must assure compliance with the Watershed rules and regulations. He noted that the Commission does not want to be responsible for the enforcement of the rules and regulations, but would have the authority to enforce them if necessary. He added that if the rules and regulations were not followed, the City could be assessed for downstream problems if they occurred in the future. Councilmember Lhotka asked if a report had been done by the Watershed Commission on this project. The Director of Public Works stated that a report had been completed by the Watershed Committee, and that it basically said the pond did comply with their rules and regulations. Councilmember Hawes stated that in theory he agrees with what the Watershed Commission is trying to accomplish but that he hates to see someone else decide how much money the City will spend. Councilmember Theis stated that he would like to see the rules and regulations as stringent as possible. He noted that the tighter the rules and regulations are, the less problems the City is apt to have. The Director of Public Works stated that the original pond was to be constructed only for the benefit of Ryan's project. He noted that after the changes were made by the Watershed Commission and Ryan, the pond would also serve the Earle Brown Farm area. He explained that it is the City as a property owner /developer that is paying this fee, not the City itself. RESOLUTION NO. 86 -76 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT WITH WESTWOOD PLANNING AND ENGINEERING COMPANY TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES RELATING TO ,BROOKLYN FARM AREA STORM DRAINAGE IMPROVEMENT PROJECT NO. 1986 -08 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 Authorizing Purchase of Outside Signs for the Boulevard and the Northbrook Liquor Stores. RESOLUTION NO. 86 -77 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PURCHASE OF OUTSIDE SIGNS FOR THE BOULEVARD AND THE NORTHBROOK LIQUOR STORES 5 -5 -86 -4- The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. DISCUSSION ITEM TRUNK HIGHWAY 252 The Director of Public Works stated that the purpose of this discussion this evening was to prepare the Council for the final construction plan approval and agreements which would be before the Council in two weeks. He noted that the bids will be opened on June 6, 1986, and that MN /DOT must have municipal approvals before the bid opening date. He added that a representative from MN /DOT was present this evening to answer any questions that the Council may have. Councilmember Lhotka asked what will happen if the Council does not approve the cost participation agreements for the project. The Director of Public Works stated that staff and MN /DOT have reached a number of verbal agreements regarding the project, and that staff expects these agreements to be reflected in the written contract papers. The Director of Public Works went on to review the transparencies indicating the construction areas within Brooklyn Center, and how they connected to the leg in Brooklyn Park. The Director of Public Works stated that some of the past concerns of the City Council have also been addressed. He noted that each intersection (66th, 70th & 73rd Avenues North) will be signaled and have turn lanes installed and that this item is fully covered by the MN /DOT specs. He stated that sidewalk would be installed from Camden Avenue east on all three intersections. He noted that MN /DOT has agreed to make certain improvements to old West River Road prior to turning the street back over to the City. The Director of Public Works stated that MN /DOT will provide a "bench" for the entire-length of the project; all that would be required of the City is the laying of the cement for the sidewalk. He also noted that MN /DOT will salvage and relocate as many trees as possible from the project area to the easements. Councilmember Scott stated that she would like the Director of Public Works to make sure that all of these verbal agreements are put in writing since verbal agreements have a tendency to not become reality. Councilmember Lhotka asked if there would be any ramp changes from I -694 to T.H. 252. The Director of Public Works stated that there would no ramp changes included in this project. The Director of Public Works then introduced Mr. Glen Ellis, Acting Assistant District Engineer for MN /DOT. Mr. Ellis stated that the official starting day of the project would be July 7, 1986, and that the end of the construction period for 1986 would be October 23. He stated that the project is to be completed through 70th Avenue by October 23, 1986, and added that the contractor will be paid extra for each day that he finishes before October 23; likewise, the contractor must pay MN /DOT for each day he works past October 23. He stated that the final completion date for the project is September 15, 1987. Mr. Ellis stated that the construction around the 66th Avenue intersection would be done without any closures. He added that the intersections at 70th'and 73rd would have a short closure period and the traffic would be rerouted. Councilmember Hawes asked 5 -5 -86 -5- if a temporary cross over could be left open for police or fire emergencies on the east side of West River Road. Mr. Ellis stated that he was sure arrangements could be made for a temporary cross over. RECESS The Brooklyn Center City Council recessed at 8:30 p.m. and reconvened at 8:47 p.m. PUBLIC HEARING The City Manager stated that a public hearing had been scheduled this evening on a proposed assessment for nuisance and hazard abatement at 5800 Drew Avenue North. Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed assessment for nuisance and hazard abatement at 5800 Drew Avenue North. He inquired if there was anyone present in the audience who wished to speak at the public hearing. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on a proposed assessment for nuisance and hazard abatement at 5800 Drew Avenue North. RESOLUTION NO. 86 -78 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING THE COST OF HAZARD ABATEMENT TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. ORDINANCE The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding Parking Requirements for Retail Buildings. He stated this item was recommended for approval by the Planning Commission at its April 24, 1986 meeting and is offered this evening for a first reading. He added that this item requires a 4/5 vote by the City Council. Councilmember Scott stated that she appreciates the thoroughness of this report. Councilmember Theis asked if the parking formula would control density as development takes place. He added that he feels this proposed ordinance defeats the purpose of the present ordinance. The Director of Planning & Inspection stated that the expansion of the building space would not be directly proportional to the decrease in parking. He added that there would only be an 8% building expansion rate. Councilmember Theis asked if traffic generation problems have been looked at in conjunction with this ordinance change. The Director of Planning & Inspection stated that staff does not feel this ordinance change will have a major impact on traffic generation. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve for first reading An Ordinance Amending Chapter 35 of the City 5 -5 -86 -6- Ordinances Regarding Parking Requirements for Retail Buildings. The motion failed, with Councilmembers Lhotka and Theis opposed. Councilmember Theis requested the staff to look at the different areas in k Brooklyn Center and determine if there would be an expansion in density of uses and if this would affect traffic generation. He added that this may very well be a good change but he feels the Council has not looked at the issue close enough to be able to make such a quick decision. Mayor Nyquist asked the City Attorney if there would be any problems in bringing this ordinance back again for a first reading. The City Attorney responded negatively. The Director of Planning & Inspection asked if there were any other areas the Council would like the staff to look into. Councilmember Theis asked about the possibility of adding more green areas instead of parking spaces. LICENSES Councilmember Hawes stated that he had asked to have the licenses removed from the Consent Agenda because of the rental dwelling license for 3614 50th Avenue North. The Director of Planning & Inspection stated that a memorandum had been re ared on p p this application and was included in the agenda packet. Councilmember Hawes asked if the units are required q to have two entrances /exits. The Director of Planning Inspection stated g p t that the units had met the minimum requirements for exits. He added that the dwelling is now licensed as a tri -plex. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the following list of licenses: AMUSEMENT DEVICE - OPERATOR Lynbrook Bowl 6357 N. Lilac Drive BULK VENDING LICENSE Brooklyn Center Lions 7131 Knox Avenue N. CATERING FOOD VEHICLE LICENSE John Licciardi 1709 Polk Street NE FOOD ESTABLISHMENT LICENSE Alano Society 4938 Brooklyn Blvd. Brooklyn Center Babe Ruth 72nd and Camden Brooklyn Center Babe Ruth 1600 59th Ave. N. B. C. National Little League Hwy. 100 and Lilac Dr. Chuck's Q. 1505 69th Avenue North 50's Grill 5524 Brooklyn Boulevard Harron United Methodist Church 5452 Dupont Ave. N. Kentucky Fried Chicken 5512 Brooklyn Boulevard Korean Presbyterian Church 6830 Quail Ave. N. St. Alphonsus Church 7025 Halifax Ave. N. ITINERANT FOOD ESTABLISHMENT LICENSE Earle Brown PTA 5900 Humboldt Ave. N. 5 -5 -86 -7- MECHANICAL SYSTEMS LICENSE Burner Service & Combustion Control 2119 Lyndale Ave. S. Cronstrom's Heating & Air Cond., Inc. 4410 Excelsior Blvd. Egan & Sons Co. 7100 Medicine Lake Road Furnace Care Inc. 8733 Humboldt Ave. N. Golden Valley Heating & Air Cond. 5182 West Broadway Harris Mechanical Contracting Co. 2300 Territorial Road Hutton & Rowe, Inc. 2126 2nd Avenue Marsh Heating & Air Cond. 6248 Lakeland Ave. N. Riccar Heating 3095 162nd Lane NW G. Sedgwick Heating & Air Cond. 1001 Xenia Ave. S. Superior Contractors, Inc. 6121 42nd Ave. N. I NONPERISHABLE VENDING MACHINE LICENSE Northern Vending Co. 403 98th Ave. NE Brookdale Towers 2810 Cty. Road 10 PERISHABLE VENDING MACHINE LICENSE Northern Vending Co. 403 98th Ave. NE Brookdale Towers 2810 Cty. Road 10 RENTAL DWELLING LICENSE Renewal: Kenneth E. Patterson 3614 50th Ave. N. SIGN HANGERS LICENSE Sign Service, Inc. 1016 N. 5th Street SWIMMING POOL LICENSE Earle Brown Farm Apartments 1701, 07 69th Ave. N. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Accepting Bid and Approving Contract for Installation of Water Utility Control System Improvement Project No. 1985- 19 (Contract 1986 -D). The Director of Public Works stated he and the representatives from rom OSM have now had an opportunity to review the material presented b Edison Controls is t his evening. e stated that at he and the representatives from OSM have concluded that Edison Controls (Collins Electric) does not meet specs because they do not have a proven track record for the proposed system. Mayor Nyquist noted that the primary reason for not awarding to Collins Electric was because of the lack of a proven track record for the entire system. The Director of Public Works stated that was correct and added that staff and OSM feel it is important to meet that portion of the specifications. Councilmember Scott noted that Edison Controls indicated that none of their references had been contacted but that OSM stated five references had been contacted. The Director of Public Works stated that after the first bid some of Edison Controls references had been checked, and that after the second bid some additional references not previously checked, had been contacted. He added that the references were not the primary problem but that not meeting specifications was. 5 -5 -86 -8- Councilmember Lhotka asked the representatives from Edison Controls to respond regarding their proven track record. Mr. Jim Edison, from Edison Controls, stated that his firm handles a lot of water systems around the country and in the Twin Cities area, and noted that his firm is computer oriented. Councilmember Lhotka asked if his firm has a proven track record for the total system required by our specifications. Mr. Jim Edison stated that there are no other systems which are identical to the one Brooklyn Center proposed. The Director of Public Works stated that the system that Edison Controls is proposing has not been installed anywhere. Mr. Edison stated that the standard modules have all been installed and have proven track records, and noted that Edison Controls uses standard hardware and software modules and builds in the variables. The Director of Public Works stated that Mr. Edison has basically noted it is his company's policy to build the system the way they (Edison Controls) feel is correct, not according to the City's specifications. He added that the specifications were written to allow for objections before the bid opening date and that no objections were received. Mayor Nyquist asked if Dynamic Systems and Aquarol Corporation have systems identical to the one the City is requesting. The Director of Public Works stated that Dynamic Systems has five or six such systems. Councilmember Theis noted that in the report from OSM it had been indicated that Columbia Heights had been using Edison Controls system but had removed that system; he asked why the system had been removed. The Director of Public Works stated that there had been some difficulties bringing the system on line and that once the system was on line, there were difficulties getting the system up and running properly. He also noted that service from Edison Controls had been slow in coming. Mr. Edison stated that his company does not force their philosophy on anyone, and that Edison Controls will use standard modules to achieve what is in the specifications. He stated that his company feels this was not an objective decision. He added that the system at Columbia Heights had been an old system which was hard wired, not a micro processor. He stated that there had been a telephone line problem with that system. The City Manager stated that when the specifications were written the City had purposely asked for a total system with a proven track record because the City did not want to be a guinea pig with an unproven product. Mr. Edison stated that he feels the City and OSM have not spent enough time analyzing his systems because if they were thoroughly analyzed the City would realize that Edison Controls does have a proven track record. Councilmember Lhotka stated that he felt Mr. Edison had not addressed his questions well enough to change his mind. RESOLUTION NO. 86 -79 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR INSTALLATION OF WATER UTILITY CONTROL SYSTEM IMPROVEMENT PROJECT NO. 1985 -19 (CONTRACT 1986 -D) The motion for the adoption of the foregoing resolution was duly seconded by 5 -5 -86 -9- member Rich Theis, and the motion passed unanimously. CONDITIONS FOR EMPLOYMENT - ASSISTANT DIRECTOR OF FINANCE Councilmember Theis asked how much experience Mr. Hanson has with other municipalities. The City Manager stated that Mr. Hanson previously was employed by the City of Robbinsdale for eight years and the City of Circle Pines for two years before that. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to allow Charles R. Hanson three weeks of vacation accrual for his first ten years of employment with the City and then according to the personnel ordinance and a 100 hour block of sick leave, which can be used in the first year, but must be earned according to the City plan before additional hours accrue. The motion passed unanimously. Councilmember Lhotka presented the Mayor with an award from the Minnesota Association of Planners recognizing the City for its planning efforts on the Year 2000 Report. COUNCIL MEETING SCHEDULE Mayor Nyquist noted that there was a Council meeting scheduled for June 9, 1986 and stated that he would be out of town accepting the award for the All- America City during that time. He requested the June 9, 1986 City Council meeting be rescheduled for June 16, 1986. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to reschedule the June 9, 1986 City Council meeting for June 16, 1986. The motion passed unanimously. 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 :44 p.m. City Clerk ayo 5 -5 -86 -10-