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HomeMy WebLinkAbout1986 10-27 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 OCTOBER 27, 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 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 Pastor Robert Cilke of Brookdale Christian Center. 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. No requests were made. APPROVAL OF MINUTES OCTOBER 13 1986 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the City Council meeting of October 13, 1986 as submitted. The motion passed unanimously. ` MAYORAL APPOINTMENT PARK AND RECREATION COMMISSION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to appoint Donald J. Krefting to the Park and Recreation Commission. The motion passed unanimously. FINAL PLAT - D.L. LARSON ADDITION 57TH & EMERSON AVENUES NORTH There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the final plat for D.L. Larson Addition. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 86 -176 Member Celia Scott introduced the following resolution and moved its adoption: 10 -27 -86 _1_ RESOLUTION AUTHORIZING THE SUBMISSION OF AN AMENDMENT TO THE CITY OF BROOKLYN CENTER COMMUNITY DEVELOPMENT PROGRAM FOR YEAR XI AND TO HENNEPIN COUNTY FOR A CONSIDERATION AS PART OF THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, IN ACCORDANCE WITH HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED 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: MECHANICAL SYSTEMS LICENSE Domestic Heating 9110 Grand Avenue S. Gilbert Mechanical Contractors 3012 Clinton Avenue S. Hoov -Aire, Inc. 2916 Nevada Avenue N. J. K. Heating 2050 White Bear Avenue RENTAL DWELLING LICENSE Initial: John A. Dotray 5642 Emerson Avenue N. Timothy M. Pfingsten 6706 Grimes Avenue N. Creed Carson 4201 Lakeside Ave. N., 214 Lynne King 4201 Lakeside Ave. N., 215 Don Benson 5611 Lyndale Avenue N. Vinay K. Garg 3019 Nash Road Stu Tufford 7165 Unity Avenue N. David Heley 4207 63rd Avenue N. David Heley 4219 63rd Avenue N. Renewal: Gale W. Pierce 5960 Brooklyn Blvd. Robert Lindblom 5538 Colfax Avenue N. James & Wanda Storie 5339 Emerson Avenue N. Donald & Cora Noonan 3800 France Place Daniel Kitchin 5601 Logan Avenue N. Delores Hanson 7210 Perry Court E. Delbert Bruce 4741 Twin Lake Avenue Mrs. Paul Enge 4748 Twin Lake Avenue Matthew & Kelly Guzik 7009 Unity Avenue N. SPECIAL FOOD HANDLING LICENSE Dave's Fruit Baskets 840 S. Lake Street The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Approving Agreement with the Minnesota Department of Transportation for P Replacement of Storm torm Sewer through h the Centerbrook g Golf Course (Improvement Project No. 1985 -23, Phase III). He went 10 -27 -86 -2- on to briefly review the memorandum and resolution prepared for this item. RESOLUTION NO. 86 -177 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT NO. 63748 WITH MINNESOTA DEPARTMENT OF ~ TRANSPORTATION 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 Supplemental Agreement to Contract 1986 -C, Providing for Replacement of Storm Sewer through the Centerbrook Golf Course. He stated this item was related to the previous resolution. Councilmember Theis inquired where the funding for this project was coming from. The City Manager stated it was coming from the Local State Aid Fund. RESOLUTION NO. 86 -178 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER TO CONTRACT 1986 -C PROVIDING FOR THE CONSTRUCTION OF A STORM SEWER IN THE CENTERBROOK GOLF COURSE 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 Recognizing the Achievement of Richard Foell. He stated that Mr. Foell - has swam 500 miles at the community center. RESOLUTION NO. 86 -179 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING THE ACHIEVEMENT OF RICHARD FOELL The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. DISCUSSION ITEMS JOINT MEETING WITH BROOKLYN CENTER SCHOOL DISTRICT NO. 286 The City Manager stated the school district would like to hold its joint meeting with the City Council on November 17. There was a general consensus that the Council would meet with Brooklyn Center School District No. 286 on November 17, 1986 at 7:00 p.m. The City Manager stated that the Council should contact him if they had any items they wished placed on the agenda. REQUEST FOR RISK MANAGEMENT AUDIT The City Manager stated that the Risk Management Audit would give the City an overall review of the City's insurance coverage. The Director of Finance stated that the City has never had an independent audit done of the City's Risk Management Program. He noted that this audit would point out weaknesses in the 10 -27 -86 -3- City's current program. Councilmember Hawes inquired if it would be possible that the City's premiums would go down. The Director of Finance stated that the City's premiums could go down due to changes in deductibles or by negotiating with the League of Minnesota Cities Insurance Trust for lower premiums. Councilmember Hawes inquired if it would be possible for the premiums to rise in cost. The Director of Finance responded negatively. The Director of Finance briefly reviewed the different options and the costs noted for these options. He stated that he would like to negotiate with the company for a formal written audit report in conjunction with option No. 3. The Director of Finance stated that the funding for this audit could come from the umbrella coverage account since umbrella coverage has never been obtained for the City. Councilmember Scott inquired when the City Council would receive the first report. The Director of Finance stated that if the consulting firm was hired now, the Council should have the first report by the end of January, 1987. He added that he would like to ask the firm for a new proposal but would not do so if the Council were not interested. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to authorize the Director of Finance to obtain new proposals regarding a Risk Management Audit.. REPORT ON STATUS OF PARK BOND PROJECTS The City Manager briefly reviewed the memorandum which had been prepared for this agenda item. He stated that 90% of the improvements have been installed with some minor modifications. Councilmember Theis stated that he had some questions regarding the baseball field lights that had been proposed. The City Manager stated that he would gather the information on baseball lights and contact Councilmember Theis at a later date. CONTINUING NEED FOR ENERGY CONSERVATION The City Manager presented this agenda item and stated that if any Councilmembers had any suggestions or additions to this report they should contact him. Councilmember Theis inquired if there would be a need to change the rental dwelling license fee if energy inspections were done. The City Manager stated that additional fees would be added for energy inspections. The Planner, Gary Shallcross, entered the meeting at 7:35 p.m. Councilmember Hawes inquired if a report has ever been completed on the solar project that was handled by the Housing Commission. The City Manager stated that he was not sure if a report had been completed on the solar project and that he would check into it. PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO. 86023 SUBMITTED BY BROOKLYN CENTER BAPTIST CHURCH REQUESTING AMENDED APPROVAL OF THE SITE AND BUILDING PLANS AND SPECIAL USE PERMIT FOR A GYMNASIUM ADDITION TO THE BROOKLYN CENTER BAPTIST CHURCH AT 5840 HUMBOLDT AVENUE NORTH The City Manager stated that this amendment would allow a rock face concrete block exterior rather than the brick exterior originally proposed. He added that the item was recommended for denial by the Planning Commission at its 10 -27 -86 -4- October 16, 1986 meeting. The Director of Planning & Inspection referred the Council to pages one through three of the October 16, 1986 Planning Commission minutes and the attached informational sheet attached with those minutes. He proceeded to review the application and noted that original approval had been given on June 23, 1986. He stated that the church has taken bids on the project and that the bids have been quite high due to the cost of brick exterior. He stated that the architect is proposing a rock face block to hold the cost down. He went on to explain the City's policy on consistency for exterior treatments for building additions. He noted that some flexibility exists when the original exterior treatment is impossible to match. He stated that two motions had been made at the October 16, 1986 Planning Commission meeting, and that the Commission was divided on both motions. The first motion was to recommend approval of the amendment and it failed with a three to four vote. The second motion was to recommend denial because of inconsistency and the motion passed by a four to three vote. He added that a public hearing has been scheduled for this evening's meeting and notices have been sent. Councilmember Lhotka stated that in reviewing the examples that the Planning Department prepared for the meeting, he wondered how Brooklyn Christian Center had been approved for the rock face exterior. The Director of Planning & Inspection stated that the existing church at that time had two distinct types of brick already on the building, and the decision was made to allow the rock face concrete block as opposed to a third type of brick face. He also noted that this addition was not connecting two buildings. Mayor Nyquist inquired of the City Attorney if the City Council has the authority to dictate exterior treatments. The City Attorney stated that the ordinances do not set any standards or give authority to the Council to dictate the type of exterior treatments, but sufficient language is contained in the ordinances to allow Council to place conditions on approval regarding exterior treatments. He stated that the Council will have to make a judgment as to whether there is sufficient public interest in maintaining the consistency policy within the community. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 86023 submitted by Brooklyn Center Baptist Church. Councilmember Theis asked for an explanation of the difference between rock face concrete block and brick exterior. Mayor Nyquist recognized Al Graser, Chairman of the Building Committee, who stated that rock face concrete block is basically a concrete texturized block which would be painted to match the existing brick work. He stated that the proposal for rock face concrete would save the church approximately $19,000. Councilmember Theis asked how often the block would have to be painted to maintain the same color. Mr. Graser stated it would have to be painted every 10 to 15 years. Councilmember Theis inquired if the cost for maintenance over the years could be justified as compared to the cost of the brick face. Mr. Graser stated that the architect has stated that the maintenance cost would not be that high. Mayor Nyquist then recognized Dale Lindberg, Brooklyn Center Baptist Church moderator, who stated that the church will most likely have to do without a kitchen, showers, carpeting and other things that possibly could be added later in order to put the brick face on the addition. 10 -27 -86 -5- i There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on Planning Commission Application No. 86023. Councilmember Lhotka stated that he understands the church's financial position, but is not happy about putting decorative block in a residential area. Mayor Nyquist stated that he has a problem with the Council dictating the type of exterior. Councilmember Theis inquired if the Council could set conditions for keeping the block maintained and the color matching the brick. The City Manager stated that the present maintenance code only affects residential areas, and that there are no aesthetic ordinances to dictate the color. There was a brief review of the plans for the addition. There was a motion by Councilmember Lhotka to deny the amendment for Planning Commission Application No. 86023. The motion failed due to the lack of a second. There was a motion by Councilmember Scott and seconded by Mayor Nyquist to approve the amendment for Planning Commission Application No. 86023 submitted by Brooklyn Center Baptist Church. Councilmember Theis stated that this is a very difficult decision for him because he was not sure what would be right for the community and the church. Councilmember Hawes inquired if it would be possible to table this item for two weeks to have the time to look at the other buildings and make some comparisons. Mayor Nyquist inquired how this action would affect the church. The Director of Planning & Inspection stated that the Planning Department has issued permits for the footings and that the only decision left to be made was the outside treatment of the building. He added that the church has agreed to abide by the Council's decision. Mr. Graser stated that the church would prefer a decision this evening, even if it is an adverse decision. I Councilmember Scott stated that she did not believe the Council could deny the church this amendment when the Council has allowed the same type of amendment to someone else. Upon vote being taken on the foregoing motion, the following voted in favor _ thereof: Mayor Nyquist, Councilmembers Scott and Theis; and the following voted against: Councilmember Hawes and Lhotka.. The motion passed. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Amending the 1986 General Fund Budget and Approving Repair of the Heating System at the City Maintenance Garage. He stated that staff is requesting the Council' to approve $5,000 funding for emergency repairs to the heating system at the garage. RESOLUTION NO. 86 -180 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1986 GENERAL FUND BUDGET AND APPROVING REPAIR OF THE HEATING SYSTEM AT THE CITY MAINTENANCE GARAGE 10 -27 -86 -6- The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and 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 8:13 p.m. City Clerk Mayor 10 -27 -86 -7-