Loading...
HomeMy WebLinkAbout1986 07-14 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 JULY 14, 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 7:02 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Bill Hawes, and Celia Scott. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, HRA Coordinator Brad Hoffman, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Father Griles of St. Alphonsus Church. Councilmember Rich Theis entered the meeting at 7:04 p.m. OPEN FORUM Mayor Nyquist noted he had received one request to use the Open Forum this evening from Pastor Tom Brock, 5200 Emerson Avenue North. Mayor Nyquist recognized Pastor Brock, who stated he was present this evening to discuss pornography within the City. Pastor Brock stated that he had recently entered a local video rental store and was shocked to find a number of X -rated videos for rent and display. He stated he would like the City Council to - discuss and consider the possibility of the Police Department enforcing the City's obscenity laws more strictly. Mayor Nyquist asked the City Manager if the Police Department has investigated this matter. The City Manager stated that he was not aware of any Police Department investigation at the present time. He added that in the past the Police Department did investigate those stores selling pornographic magazines. He added that he would direct the Police Department to look into this matter and would report back to the Council in two weeks. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the Consent Agenda, and no requests were made. FINAL PLAT - TWIN CITY FEDERAL There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the final plat for the Twin City Federal registered land survey. The motion passed unanimously. MAYORAL APPOINTMENT - URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT CITIZEN PARTICIPATION PLAN 7 -14 -86 _1_ There was a motion by Councilmember Scott and seconded by Councilmember Hawes to appoint Mrs. Barbara Jensen to the Urban Hennepin County Community Development Block Grant Citizen Participation Plan. 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 Beacon Bowl 6525 Lyndale Avenue North Chuck Wagon Inn 5720 Morgan Avenue North Davanni's 5937 Summit Drive Green Mill Inn Inc. 5540 Brooklyn Boulevard rd Holiday Inn 1501 Freeway Boulevard MTC 6845 Shingle Creek Pkwy. Scoreboard Pizza 6816 Humboldt Avenue North T. Wrights 5800 Shingle Creek Pkwy. AMUSEMENT DEVICE - VENDOR Theisen Vending Company 3804 Nicollet Avenue S. Twin City Novelty Co. 9549 Penn Avenue South CIGARETTE LICENSE Iten Chevrolet 6701 Brooklyn Boulevard FOOD ESTABLISHMENT LICENSE Target 6100 Shingle Creek Pkwy. GARBAGE HAULERS VEHICLE LICENSE Bergstrom Trucking 5860 73rd Avenue North Hilger Transfer Inc. 8550 Zachary Lane Midwest Grease Buyers, Inc. P. 0. Box 26 Peterson Brothers Sanitation, Inc. 18605 Lake George Blvd. Rapid Way Disposal 685 123rd Avenue NW Robbinsdale Transfer Inc. `5232 Hanson Court ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Babe Ruth 6401 Kyle Avenue North Brooklyn Center Jaycees 1316 68th Lane Brooklyn Center Park & Recreation 6301 Shingle Creek Pkwy. St. Alphonsus Fun Fair 7025 Halifax Avenue North MECHANICAL SYSTEMS LICENSE Flare Heating and Air Cond. Inc. 664 Mendelssohn Avenue N. General Sheet Metal Corp. 2330 Louisiana Avenue N. Grendahl Mechanical, Inc. Box 208 NONPERISHABLE VENDING MACHINE LICENSE Iten Chevrolet 6701 Brooklyn Boulevard PERISHABLE VENDING MACHINE LICENSE 7- 14' -86 -2- Iten Chevrolet 6701 Brooklyn Boulevard SIGN HANGERS LICENSE DeMars Sign Company 4040 Marshall Street NE TAXI CAB LICENSE Yellow Taxi Service Corp. 3555 5th Avenue South TEMPORARY ON -SALE NONINTOXICATING LIQUOR LICENSE St. Alphonsus Fun Fair 7025 Halifax Avenue N. The motion passed unanimously. APPROVAL OF MINUTES - JUNE 23 1986 - REGULAR SESSION There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the minutes of the City Council meeting of June 23, 1986. The motion passed. Councilmember Hawes abstained from voting as he was not present at the June 23, 1986 meeting. RESOLUTIONS The City Manager introduced a Resolution Accepting Bid and Approving Contract for Sealcoating of Streets (Improvement Project No. 1986 -12, Contract 1986 -J). He noted that the bids were opened earlier in the day and that the Council had before them a completed resolution for the project. Councilmember Theis, asked if this company had been used in the past. The Director of Public Works responded affirmatively. RESOLUTION NO. 86 -103 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR SEALCOATING OF STREETS (IMPROVEMENT PROJECT NO. 1986 -12, CONTRACT 1986 -J) 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 Establishing Project, Accepting City Engineer's Report, Calling for a Hearing Thereon and Approving Plans and Specifications for Street Improvement Project No. 1986 -10, 69th and 70th Avenues North Dupont Avenue to T.H. 252 (Contract 1986 -M). Councilmember Lhotka asked if there had been any changes in this project from past discussions. The Director of Public Works stated that this project was initiated in 1982, and that it was decided at that time that the project would be split. He added that this work would complete the project. Councilmember Lhotka asked if the excess property along the south edge of 69th Avenue would revert back to the property owners. The Director of Public Works stated that the property owners have agreed to maintain the property as their own but the City would remain the owner. RESOLUTION NO 86 -104 7 -14 -86 -3- Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT, ACCEPTING CITY ENGINEER'S REPORT, CALLING FOR A HEARING THEREON AND APPROVING PLANS AND SPECIFICATIONS FOR STREET IMPROVEMENT PROJECT NO. 1986 -10, 69TH AND 70TH AVENUES NORTH DUPONT AVENUE TO T.H. 252 (CONTRACT 1986 -M) 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 Parking Restrictions on 69th and 70th Avenues North Between Camden Avenue North and Dupont Avenue North. Councilmember Hawes asked why the area between Camden and T.H. 252 was not covered by this project. The Director of Public Works stated that this project was not covered by MSA funds, but added that the parking restriction had been placed by a resolution approved in May. RESOLUTION NO. 86 -105 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON 69TH AND 70TH AVENUES NORTH BETWEEN CAMDEN AVENUE NORTH AND DUPONT AVENUE NORTH i The motion for the adoption of the foregoing resolution g g was duly seconded b member Rich Theis, and the motion passed unanimously. Y The City Manager presented a Resolution Establishing Project, Accepting City Engineer's Report and Approving Plans and Specifications for Humboldt Sidewalk Improvement Project No. 1986 -06 (Contract 1986 -N). RESOLUTION NO. 86 -106 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT, ACCEPTING CITY ENGINEER'S REPORT AND APPROVING PLANS AND SPECIFICATIONS FOR HUMBOLDT SIDEWALK IMPROVEMENT PROJECT NO. 1986 -06 " (CONTRACT 1986 -N) 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 Approving Specifications for Delivery of Four (4) Four -Door Police Patrol Sedans. Councilmember Scott noted that these vehicles did not have the police package included and asked what the cost would be to modify them for a police package. The City Manager stated that staff is currently waiting for bids on the tires and steering which are part of a normal police package vehicle. Councilmember Scott asked if the light bars and grills were bought separately for each car. The City Manager stated that these items are transferred from car to car. Councilmember Scott asked what the delivery date was on these new vehicles. The HRA Coordinator stated that the delivery date is mid September. RESOLUTION NO. 86 -107 7 -14 -86 -4- Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS FOR DELIVERY OF FOUR (4) FOUR -DOOR POLICE PATROL 'SEDANS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 86 -108 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR FOUR (4) FOUR -DOOR POLICE PATROL SEDANS 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 Approving Contingency Appropriation for Purchase of Replacement Lawn Mower. He noted that the tractor was destroyed by an accidental fire on July 8, 1986 and added that this was a major piece of equipment for the Parks Department. Councilmember Scott asked what type of training the employees receive for equipment fires. The City Manager stated that this was a member of the City's volunteer Fire Department which was operating this particular piece of equipment, and that he should be well trained for any type of fires. RESOLUTION NO. 86 -109 Member Celia ,Scott introduced the following resolution and moved its adoption: RESOLUTION - APPROVING CONTINGENCY APPROPRIATION FOR PURCHASE OF REPLACEMENT LAWN MOWER 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 for Design Services for Improvement of Storm Sewer System Through Centerbrook Golf Course. The Director of Public Works briefly reviewed past discussions relating to the storm sewer system through Centerbrook Golf Course. He noted that the State has agreed to allow the City to install the storm sewer system and will reimburse the City for 65% of the cost. Councilmember Lhotka asked if these were new costs or if they had been included in the original bid. The Director of Public Works stated that this cost had not been anticipated at the time of the award. Councilmember Hawes asked if there was a possibility that the cost would run higher because of the poor soil conditions in the area. The Director of Public Works stated that he could not be certain until negotiations were finished with Schaffer Contracting, but added that there is good soil in the area and that there would only be approximately 150 feet of bad soil. Councilmember Theis asked if there would be other properties that would benefit from this project other than MN /DOT or the golf course. The Director of Public Works stated that there would be other property owners including the church and green house in the area. 7 -14 -86 -5- RESOLUTION NO 86 -110 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT FOR DESIGN SERVICES FOR IMPROVEMENT OF STORM SEWER SYSTEM THROUGH CENTERBROOK GOLF COURSE The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. PRIVATE KENNEL LICENSE The City Manager stated that there is a public hearing scheduled for 7:30 p.m. this evening on an application for a private kennel license from Jeffrey S. Lewis and Janelle L. Klimek. He noted that the normal procedure for a public hearing is to allow the Councilmembers time to question the applicant and then open the public hearing for anyone else interested in speaking. He stated that after reviewing the past history of the applicant, it is the staff's recommendation to deny the application. The City Manager stated that the Council could authorize the kennel license for a reasonable amount of time to allow the applicant time for removal of the animals. Councilmember Lhotka asked if the Council did not approve the application, would a grace period be given to allow the applicant time to remove the animals. The City Attorney stated that the action could be handled in either manner described by the City Manager or Councilmember Lhotka. He noted that the City Manager's suggestion would allow for no technical violation of the ordinance. Mayor Nyquist opened the meeting for the purpose of a public hearing on a private kennel license application from Jeffrey S. Lewis and Janelle L. Klimek, 5732 Knox Avenue North. Mayor Nyquist inquired if there was anyone present in the audience who wished to speak at the public hearing. Mayor Nyquist recognized Mr. Russell Doliber, 5727 James Avenue North, who stated that the back yard has become nothing more than a mud hole and it appears to be very unsanitary. He stated that the yard smells quite bad from the dogs. He added that these dogs appear to be very powerful and that they are able to jump over a 6' fence. Mayor Nyquist recognized Mr. John McArdell, 5738 Knox Avenue North, who stated that the dogs have growled at him by his own front door. He noted that everyone else in the neighborhood who owns one or two dogs cleans up after their own dogs but that the applicant does not. He also added that the dogs challenge the children in the neighborhood. Councilmember Hawes asked if Mr. McArdell had spoken to the applicant regarding this problem. Mr. McArdell stated that he had spoken to the applicant, but he could not repeat what the applicant said. Mayor Nyquist recognized Mr. Jeffrey S. 'Lewis, the applicant, who stated that all these incidents which the neighbors are citing are from the past. He noted that he now has a pen in the yard and no longer allows his animals to run loose. Councilmember Theis noted that in the report it states that the dogs jump over the fence, and asked if this fence has been changed. Mr. Lewis stated that the dogs are between eight and ten years old and that they are not able to jump the fence any longer. Councilmember Hawes asked Mr. Lewis how many dogs he had on his premises. Mr. Lewis stated that he had three grown German shepherd's and 7 -14 -86 _6_ i one small dachshund. - Councilmember Hawes stated that the health department had noted more dogs than this. Mr. Lewis stated that after receiving the City's ordinance on private kennel licenses he removed the two additional dogs. Mayor Nyquist stated that the reports indicate there has been a problem at this residence since 1982_ Councilmember Theis asked the applicant at what point things deteriorated with the neighbors. Mr. Lewis stated tated that he does not recall any of the neighbors ever speaking to him regarding this problem. Mayor Nyquist recognized Ms. Cheryl McArde11, 5738 Knox Avenue North, who stated that the stench is so bad it has made her ill. She stated that the dogs frighten the .children in the neighborhood and added that the dogs had chased her teen age daughter two to three weeks ago. She noted that just last week she had counted five dogs. M.ayor.I+�yquist ;recognized Mr. Will Dahn, 5733 Knox Avenue North, who stated that the problem began approximately six years ago with barking dogs. He noted that over the years there has never been less than five dogs at the residence, and added that he and his wife have ceased making complaints because complaints only brought forth confrontations and profane words thrown across the street. Mr. Dahn asked what assurances the residents have that the applicant will live within the restrictions set by the City. Mr. Lewis stated that he has made an effort to change the situation and noted that he feels this issue is being overstated. Councilmember Lhotka stated that he has a hard time accepting the statement that things will change since the problem has been going on for so long. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to deny the private kennel license application for Mr. Jeffrey S. Lewis, 5732 Knox Avenue North, and to allow the applicant 30 days in which to remove the mess dogs. The motion passed unanimously. PUBLIC "HEARING -1985 DISEASED SHADE TREE REMOVAL COSTS Councilmember Scott asked why some of the names on the list were the same as - those that appeared last year. The Director of Public Works stated that in some cases, owners have more than one tree on their property which must be cut in consecutive years. Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed assessment for 1985 diseased shade tree removal costs. He inquired if there was anyone present in the audience 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 Scott to close the public hearing on proposed assessment for 1985 diseased shade tree removal costs. The motion passed unanimously. RESOLUTION NO 86 -111 Member Gene Lhotka introduced the following resolution and moved its adoption: 7 -14 -86 -7- RESOLUTION CERTIFYING DISEASED SHADE TREE REMOVAL COST 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. I RECESS The Brooklyn Center City Council recessed at 8:15 p.m. and reconvened at 8:28 p.m. TOURISM BUREAU The City Manager stated that there were members from the area hotels and the Chamber present this evening to discuss the proposed ordinance for the tax imposed upon lodging. He stated that the cities of Fridley, Brooklyn Center and Brooklyn Park are participating in this program. He noted that an ordinance has been included in the Council packets and a first P reading could be held on the ordinance if the Council was so inclined. The City Manager then introduced Mr. Steve Anderson from Ramada Hotels. Mr. Anderson briefly reviewed the budget and business plans before the Council this evening. He stated that he was here this evening to gain support for the approval of a three (3%) percent tax on lodging. He noted that five (5%) percent of the total tax would go to the City to offset the costs from collecting the tax from the five properties within Brooklyn Center. He stated that by promoting the area for conventions and leisure not only the hotels would benefit, but all businesses in the surrounding area. He noted that generally for every dollar that is spent through conventions or leisure vacations 38 cents goes toward hotels and 62 cents goes toward. food, transportation, movies, etc. Mr. Anderson stated that the proceeds from this tax would allow the committee to promote the area locally and at trade shows and out state advertising. He noted that almost every state has a room tax. Councilmember Hawes asked if the bureau could ever be increased or decreased by the number of cities involved. . Mr. Anderson stated that in the future it could be increased. Councilmember Hawes asked how the fines were determined and if the Legislature set these penalties. _ Mr. Anderson stated that generally the penalties are set according to the state sales tax penalties. There was a brief discussion of the tax and penal ies i whch would be collected and the manner in which it would be handed. Councilmember Hawes asked the Director of Finance if he felt five (5 %) percent would be adequate to repay the City. The Director of Finance stated that at this time he was not able to make a determination. He noted that in the proposed ordinance the effective date was August 1 and that his department would not be ready to implement the program by August 1. The City Manager stated that the effective date could be adjusted. ORDINANCES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve for first reading An Ordinance Creating Chapter 22 of the City Ordinances Relating to a Tax Imposed Upon Lodging with an adjustment being made to the effective date. The motion passed unanimously. The public hearing was set for August 11, 1986 at 7:30 p.m. 7 -14 -86 _8_ There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve for first reading An Ordinance Amending Chapters 8 and 23 of the City Ordinances Regarding Licensing of Bottled and Canned Soft Drinks and setting a public hearing date for August 11, 1986 at 7:30 p.m. The motion passed unanimously. APPROPRIATION OF FUNDS FOR DEVELOPMENT OF ULTIMAP SYSTEM BY LOGIS The City Manager noted that this item was 'tabled after preliminary discussion at the June 23, 1986 Council meeting. RESOLUTION'NO. 86 -112 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXPENDITURE OF APPROPRIATION FOR DEVELOPMENT OF ULTIMAP SYSTEM BY LOGIS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. POLICY FOR ACQUISITION OF PROPERTY ALONG MISSISSIPPI RIVER BETWEEN 53RD AND 57TH AVENUE NORTH The City Manager stated that there are two owners along the east side of Lyndale Avenue who have expressed an interest in selling their property. They have inquired of the City staff whether the City is interested in buying their land. The City Manager asked the Council how they would want staff to approach this matter. Councilmember Scott asked when the Metro Council would be meeting to vote on the feasibility of the park without the Brooklyn Center property. The City Manager stated that the Metro Council should be meeting by August 1. Councilmember Lhotka stated that he did not believe the Metro Council would disapprove the project. He added that he would like to wait until a firm decision has been made by Metro Council before any action is taken on acquisition of property by the City. Councilmember Scott stated that it was her impression that the Metro Council still has the power to include the Brooklyn Center property in the park plan. The City Manager stated that was correct but that he was inclined to believe that the Metro Council would not include the Brooklyn Center property without the community's cooperation. Councilmember Scott stated that she agreed with Councilmember Lhotka that the staff should wait to make any decisions on acquiring property along the east side of Lyndale until the Metro Council has made their decision. The City Manager stated that he would inform the two property owners of the Council's decision. SCHEDULE FOR PLANNING AND INSPECTION DEPARTMENT FEES The City Manager briefly reviewed a memorandum and proposed resolution concerning a schedule for Planning and Inspection Department fees. He noted that there was no action required by the Council this evening but that some action should be taken within the next few weeks. Councilmember Hawes asked how these new fees would compare with the other cities. The Director of Planning and Inspection stated that most communities in the area use the Uniform Building Code °for setting their fee structure. Councilmember Hawes asked if these fees 'are more in line with the City's costs. The Director of Planning and Inspection stated that this was a fair representation of the City's costs. He stated that the resolution before the Council could be brought back in two weeks for 7 -14 -86 -9- consideration. He noted the effective date of the rate change would be September 29, 1986. The City Manager stated that in the future these changes could be made more frequently to reduce the resistance to change. Councilmember Hawes asked if staff had any information regarding the increase of revenue due to the increase in fees. The Director of Planning and Inspection stated that he did not have those figures at the present time but could make some projections after reviewing past permits. The City Manager stated that information could be gathered for the next Council meeting. Councilmember Theis asked if there was going to be any review of the rental dwelling license fee. The City Manager stated that fee would be reviewed at a later date. The Director of Planning and Inspection noted there would be a housekeeping ordinance amendment also dealing with this item. OTHER BUSINESS Councilmember Lhotka noted that at the Tri Cit Lakes Commissi n has been reformed and that they would be reviewing boating activity, storm sewers and flowage. He stated that if any of the Councilmembers were aware of any problems, they should let him know and he would review it with the Tri -City Lakes Commission. The City Manager stated that in the future the Park and Recreation Commission will be looking at what to do with the excess park land. He noted that there is a large amount of excess park land around the lake area. 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 :31 p.m. z z l — ��� //1z � t' V— City Clerk IM a r i 7 -14 -86 -10-