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HomeMy WebLinkAbout1986 08-25 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 25, 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, Finance Director Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Pastor Bonn of Hope Lutheran Church. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session this evening. He inquired if there was anyone present in the audience who wished to address the Council. There being none, he continued with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the Consent Agenda. Councilmember Theis requested that item 7d be removed from the Consent Agenda. RESOLUTIONS RESOLUTION NO. 86 -130 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1986 -J (1986 SEALCOATING PROGRAM, PROJECT NO. 1986 -12) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 86 -131 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT FOR INSTALLATION OF WATER DISTRIBUTION SYSTEM TO SERVE THE EARLE BROWN COMMONS The motion for the adoption of the foregoing resolution was duly seconded by 8 -25 -86 -1- I member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 86 -132 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1986 -20 (UTILITY SYSTEM IMPROVEMENTS AS REQUIRED TO SERVE THE EARLE BROWN COMMONS) AND APPROVING AGREEMENT WITH WESTWOOD PLANNING AND ENGINEERING COMPANY FOR PROFESSIONAL SERVICES RELATING THERETO The motion for the adoption of the foregoin g y resolution was duly seconded b member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 86 -133 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT WITH AEC ENGINEERS AND DESIGNERS FOR TESTING AND INSPECTION OF FOUR SEWAGE PUMPING STATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 86 -134 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE AMENDMENT OF A UTILITY SERVICE AGREEMENT WITH THE CITY OF ROBBINSDALE DATED SEPTEMBER 25, 1972 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 86 -135 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING BROOKLYN CENTER, MINNESOTA AND BROOKLYN, MICHIGAN AS SISTER CITIES The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: GARBAGE HAULERS VEHICLE LICENSE Gallagher's Service, Inc. 1691 91st Avenue NE Mengelkoch Company 119 NE 14th Street Metro Refuse 8168 West 125th Street Waste Management - Blaine 10050 Naples Street NE Art Willman & Son 62 26th Avenue North Woodlake Sanitary Service, Inc. 4000 Hamel Road I 8 -25 -86 -2- MECHANICAL SYSTEMS LICENSE Dayton's Bluff Sheet Metal, Inc. 1400 East Highway 36 RENTAL DWELLING LICENSE Initial: Martin and Barbara O'Hara 4201 Lakeside Ave. N. #113 L. Larry Law 4201 Lakeside Ave. N. #302 Robert Lerum 4207 Lakeside Ave. N. #332 Gary and Vikki Linder 7036 Morgan Ave. N. George and Etheljean McMullen 2403, 01 54th Ave. N. Robert and Cheryl Waite Campbell 5446 72nd Circle North Renewal: Keith L. Nordby 5964 Brooklyn Boulevard Bertil G. Johnson 6107 Brooklyn Boulevard Welcome Home, Inc. 6451 Brooklyn Boulevard Dwight Jereczek 6319 Brooklyn Drive Raymond and Anne Fritzke 5452 Fremont Avenue N. Ryan Lake Partners 3401, 13 47th Ave. N. Bernard Gilvin 3901 61st Avenue North M & J Properties 2937 69th Lane The motion passed unanimously. APPROVAL OF MINUTES - AUGUST 11 1986 - REGULAR SESSION There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the minutes of the August 11, 1986 City Council meeting. The motion passed. Mayor Nyquist abstained from voting as he was not present at the August 11, 1986 meeting. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Accepting Bid and Approving Contract for Construction of Centerbrook Golf Course Buildings (Project No. 1985 -23, Phase II, Contract 1986 -K). Councilmember Theis stated that he had pulled this item from the Consent Agenda because of the concern expressed earlier regarding the low bidder and the City's lack of experience with the bidder. The Director of Public Works stated that the low bidder's references have all been checked and that all references have been good to excellent regarding this contractor. Councilmember Hawes asked.if_ the , completion date for the Little League Field was correct. The City Manager stated that all dates listed were correct. Councilmember Lhotka asked why City staff had recommended a metal roof. The City Manager stated that staff has noted a decrease in vandalism in the two parks which have these types of roofs on the buildings. RESOLUTION NO. 86 -136 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR CONSTRUCTION OF CENTERBROOK GOLF COURSE BUILDINGS (PROJECT NO. 1985 -23, PHASE II, CONTRACT 1986 -K) 8 -25 -86 -3- CORRECTED COPY 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 Calling Special Election for Submission of Proposed Amendments to City Charter and Fixing Form of Ballots, November 4, 1986. He noted that this is the next step in the process for the Charter Amendment. Councilmember Theis stated that he had a number of concerns regarding the procedure used by the Charter Commission to decide on an amendment. He added that he would like to review his concerns for the Council and possibly have some discussion on it. Councilmember Theis stated that he was aware of certain instances in which people requesting copies of the Charter. minutes did not receive them. He noted he was also concerned about the Charter Commission's policy for notices of meetings. He stated he had been informed that at some Charter Commission meetings, members of the audience were allowed to come forward and voice their opinions, and yet at other meetings audience participation was not allowed. He stated that he feels there is room for disagreement on this issue but that both sides of the story should be heard fairly. Councilmember Theis also stated that he was not sure it was proper for the City Council and Charter Commission to both use the same legal counsel. He asked, if the amendment were passed, how would it affect the Council seats elected at this present election. He further explained that he feels if the only justification for changing the Charter is the cost savings, then surely there must be other ways to cut the cost of the elections other than changing the City Charter. Mayor Nyquist asked the City Attorney what the consequences would be if the Council did not pass this resolution. The City Attorney stated that the Council has no discretion in removing this item from the ballot and that if the Council did not approve this resolution, the Charter Commission could take legal action. The City Attorney further explained that this amendment would not affect the current election. Mayor Nyquist asked Councilmember Theis if he was challenging the validity of the resolution. Councilmember Theis stated that he was not challenging the validity of the resolution, only expressing his concerns on how the issue reached the City Council. Mayor Nyquist stated that a public hearing had not been scheduled for this evening but if there was anyone present who wished to speak before the Council regarding this issue, they should come forward. No one appeared to speak, and he entertained a motion on a Resolution Calling Special Election for Submission of Proposed Amendments to City Charter and Fixing Form of Ballots, November 4, 1986. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to table the Resolution Calling Special Election for Submission of Proposed Amendments to City Charter and Fixing Form of Ballots, November 4, 1986 until the September 8, 1986 City Council meeting. The motion passed unanimously. Councilmember Hawes stated that he felt the Charter Commission should hold a public hearing before the next Council meeting to receive public input on the 8 -25 -86 -4- issue. The City Attorney stated that the City Council cannot make the Charter Commission hold a public hearing; they can only suggest that the Charter Commission do so. He added that the last regular City Council meeting that this item could be discussed at is the September 24, 1986 meeting. He stated that if a decision is not made on September 24, the last date to hold a special session of the City Council would be October 6, 1986 by 12:00 p.m. He added that neither side can spend public dollars to promote or oppose the issue. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 86030 SUBMITTED BY S & G ASSOCIATES REQUESTING SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A THREE STORY 24 UNIT BUILDING ON THE VACANT LAND EAST OF THE EARLE BROWN FARM APARTMENTS ON THE SOUTH SIDE OF 69TH AVENUE NORTH The City Manager noted this item was recommended for approval by the Planning Commission at its August 14, 1986 meeting. The Director of Planning & Inspection referred the Mayor and City Council to pages one through three of the August 14, 1986 Planning Commission minutes and the attached informational sheet with those minutes regarding this application. He briefly reviewed the application and stated that the property in question was originally owned by the Earle Brown Farm Apartments. He added that this area would not be subject to review by the Shingle Creek Watershed Management Commission because of the size of the property. Councilmember Lhotka left the table at 7:42 p.m. The Director of Planning & Inspection stated that the City would review and approve the plans for grading and drainage. He stated that the Planning Commission did recommend approval of the application subject to 13 conditions which he briefly reviewed for the Council. Councilmember Lhotka returned to the table at 7:46 p.m. The Director of Planning & Inspection stated that a public hearing had not been scheduled for this evening but that the applicant is present if the Council has any questions. Councilmember Lhotka asked where the garage would be if it were added in the future. The Director of Planning & Inspection stated that it would be further to the west than what is shown. Councilmember Lhotka stated that he would prefer to see the garage put in now and not in the future. He asked if the applicant would respond to that statement. Mr. Jerry Carlson, the architect for the project, stated that the project would conform to the wishes of the Council. Councilmember Lhotka asked the City Attorney if the City Council has the power to require a garage on the project. The City Attorney stated that the Council could ask the applicant to submit new plans showing a garage but that there is nothing in the ordinances which require the applicant to build a garage. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve Planning Commission Application No. 86030 submitted by S & G Associates subject to the following conditions and including the amendment to condition No. 9: 8 -25 -86 -5- 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes and the Housing Maintenance and Occupancy Ordinance prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. B612 curb and gutter shall be provided around all parking and driving areas. 7. The applicant shall submit an as -built survey of the property prior to release of the performance guarantee. 8. The plat creating the parcel for this development shall be filed at the County prior to the issuance of permits. 9. The plans shall be revised, prior to the issuance of building permits, in the following respect: a) The grading and utility plans shall be revised to indicate a water service and other grades and utilities in accordance with the City Engineer's memo dated August 8, 1986. 10. On -site hydrant locations shall be in accordance with the recommendations of the Fire Marshal. 11. Outdoor handicapped parking spaces shall be signed in accordance with the handicapped code. 12. Approval does not comprehend future garages in the location indicated on the proposed plan. Such garages, if built, may not encroach into the utility easement for storm sewer along the east side of the property. 13. A security system and dead -bolt locks shall be provided at the entrances to the building in accordance with Section 35- 410, Subdivision of the Zoning Ordinance. 8 -25 -86 -6- The motion passed unanimously. ORDINANCES The City Manager presented An Ordinance Creating Chapter 22 of the City Ordinances Relating to a Tax Imposed Upon Lodging. He noted that this item was first read on July 14, 1986, published in the City's official newspaper on July 24, 1986, and was tabled at the August 11, 1986 City Council meeting. He stated that it was his recommendation that the Council pass the ordinance including the changes made by the Director of Finance and to withhold their approval of the organizational agreements. He added that he would like to see more public representation on the board. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Creating Chapter 22 of the City Ordinances Relating to a Tax Imposed Upon Lodging, and inquired if there was anyone present who wished to speak at the public hearing. Mayor Nyquist recognized Jim Decker who stated he was the Chairman of the Task Force which initiated this issue and asked why the City Manager felt there was a need for more representation from the public. He added that the contract would only be for one year. Councilmember Theis asked for a clarification on the action that was to be taken this evening. The City Manager stated that the action taken this evening would pass the ordinance to allow the collection of the tax but that the Council would not be approving the contract with the organization itself. He noted that theoretically, if the Board of Directors was made up of 18 people, there could be 15 people representing the hotels and only three people representing the public. Mr. Decker stated that it was possible for that to happen but there are not 15 hotels in the area at the present time. The City Manager stated that he felt when a public tax is being levied there should be a significant amount of public representation to watch over the group. Mayor Nyquist recognized Barb Jensen who stated the Chamber of Commerce has been involved with this issue from the beginning and unanimously supports the Tourism Bureau. Mayor Nyquist recognized Mr. Decker who stated that the Tourism Bureau is basically everyone working together to create a better business atmosphere. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to close the public hearing on An Ordinance Creating Chapter 22 of the City Ordinances Relating to a Tax Imposed Upon Lodging. The motion passed unanimously. ORDINANCE NO. 86 -08 Member Gene Lhotka introduced the following ordinance and moved its adoption with the suggested changes: AN ORDINANCE CREATING CHAPTER 22 OF THE CITY ORDINANCES RELATING TO A TAX IMPOSED UPON LODGING The motion for the adoption of the foregoing ordinance was duly seconded by member Rich Theis, and the motion passed unanimously. 8 -25 -86 -7- RECESS The Brooklyn Center City Council recessed at 8:12 p.m. and reconvened at 8:26 p.m. ORDINANCES (CONTINUED) The City Manager presented An Ordinance Amending Chapter 19 Regarding the Control of Noxious Weeds. He stated that this ordinance should have one section added regarding the preservation of wild life. Councilmember Hawes asked what the average length of time is between a notice being sent to an owner and the property being cut. Administrative Aid Patti Page stated that after a notice is sent, the property owner has seven days in which to cut the property; after that time the City is able to go on to the property and cut. She noted that it is usually seven to ten days after a notice is sent that the property is cut. Councilmember Hawes asked if there was anything that could be done with the state and county property along the highways. The City Manager stated that it is very difficult to require the county or state to cut these properties. Councilmember Lhotka asked why the City cannot enforce the ordinance on the county or state. The City Attorney stated that the state has the option to not pay an assessment which is against their property for weed cutting. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve for first reading An Ordinance Amending Chapter 19 Regarding the Control of Noxious Weeds. The motion passed unanimously. The public hearing was set for September 22, 1986 at 7:30 p.m. The City Manager presented An Ordinance Amending Chapter 11 of the City Ordinances. He noted that this item relates to the proposed changes in the liquor ordinance and is offered this evening for a first reading. He stated that staff had made the necessary changes to meet the requirements of the new state law regarding the drinking age and had also made the ordinance less confusing to license holders. He noted that it also amends the h insurance requirements. Councilmember Hawes asked about the problems which could be created for those businesses which would be required to obtain $300,000 aggregate dram shop insurance. He stated he felt it could be creating a hardship on some businesses. The City Manager stated that basically staff is recommending this insurance requirement to he lp 1p protect the businesses. Councilmember Hawes asked how the 300 000 figure had $ g been chosen. The Director of Finance stated that the $300,000 is basically a compromise between the .$100,000 state statute requirement and the $500,000 requirement that is placed on City property. Councilmember Theis asked if it would be possible to set a lower insurance requirement for those businesses with sales less than $10,000. The Director of Finance stated that whether an establishment sells more or less than $10,000 the loss will be the same, and that the smaller businesses may, in fact, need the insurance more than the larger establishments. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve for first reading �.ng An Ordinance Amending Chapter 11 of the City Ordinances. The motion passed with Councilmember Hawes opposed. The public hearing was set for September 22, 1986 at 7:30 p.m. 8 -25 -86 -8- REVOCATION OF THE ON -SALE CLUB LIQUOR LICENSE FOR BROOKLYN CENTER AMERICAN LEGION The City Manager stated that staff is recommending immediate suspension of the on -sale club liquor license for the Brooklyn Center American Legion due to alleged gambling violations at the Legion Club. He stated that it is clear in the City's regulatory ordinances and state law that illegal gambling is a violation worthy of suspension or revocation of a liquor license. The City Attorney noted that state statute states that no suspension or revocation may occur until after a hearing. Mayor Nyquist stated that he had been contacted by a representative of the Legion who had asked that the item be laid over until he could be present at the meeting. Councilmember Lhotka asked how long it would take to schedule a hearing for the liquor license. The City Attorney explained that in the past a local attorney has been used as the hearing examiner but he felt that it would be best if the City obtain an approved hearing examiner from the state. He noted that he thought it could take up to 90 days to obtain a hearing examiner. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to authorize staff to schedule a hearing for revocation of the on -sale club liquor license for the Brooklyn Center American Legion Club. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8 :48 p.m. W ' 2 � 2/ City Clerk May 8 -25 -86 -9-