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HomeMy WebLinkAbout1986 12-08 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 DECEMBER 8, 1986 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was cal b Mayor S led to order y y Dean Nyquist at 7:06 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, City Attorney Richard Schieffer, Fire Chief Ron on Boman Personnel Coordinator Ge ralyn Barone, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Pastor Tom Brock 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 P one an Y resent 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 Hawes requested item 7a be removed and the City Manager requested that items 7b and 7c also be removed from the Consent Agenda. APPROVAL OF MINUTES - NOVEMBER 17 1986 - SPECIAL SESSION There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the minutes of the joint meeting with Independent School District #286 of November 17, 1986 as submitted. The motion passed unanimously. APPROVAL OF MINUTES - NOVEMBER 24 1986 - REGULAR SESSION There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the minutes of the City Council meeting of November 24, 1986 as submitted. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 86 -194 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING WATER ASSESSMENT RATES EFFECTIVE JANUARY 1, 1987 12 -8 -86 _1_ The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 86 -195 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING PRIVATE SALE OF ONE PARCEL OF LAND ON CLASSIFICATION LIST 688NC 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 Lhotka and seconded by Councilmember Hawes to approve the following list of licenses: CHRISTMAS TREE SALES LOT LICENSE Builders Square 3600 63rd Avenue N. CIGARETTE LICENSE A & J Enterprises 6843 Washington Avenue S. Best Company 5925 Earle Brown Drive Bob Ryan Olds 6700 Brooklyn Boulevard Schmitt Music 2400 Freeway Boulevard Advance Carter Company 850 Decatur Avenue N. Brooklyn Center Liquor #1 1500 69th Avenue N. Brooklyn Center Liquor #2 6250 Brooklyn Boulevard Brooklyn Center Liquor #3 5711 Morgan Avenue North Denny's Restaurant 3901 Lakebreeze Avenue N. Red Lobster 7235 Brooklyn Boulevard Bill's Vending Service 7317 West Broadway Brooklyn Center Getty 6245 Brooklyn Boulevard Brookdale Mobil 5710 Xerxes Avenue N. B. C. American Legion Post 630 4307 70th Avenue N. Country Club Market 5715 Morgan Avenue N. Country Store 3600 63rd Avenue N. Denne's Market 6912 Brooklyn Boulevard Iten Chevrolet 6701 Brooklyn Boulevard GASOLINE SERVICE STATION LICENSE American Bakeries Company 4215 69th Avenue N. Brookdale Car Wash 5500 Brooklyn Boulevard Northwestern Bell 6540 Shingle Creek Pkwy. LODGING ESTABLISHMENT LICENSE Riverside Motel 5608 Lyndale Avenue N. Thrifty -Scot Motel 6445 James Circle MECHANICAL SYSTEMS LICENSE Acme Sheet Metal 2315 Hampden Avenue POOL AND BILLIARDS TABLE LICENSE 12 -8 -86 -2- Advance Carter Company 840 Decatur Avenue N. Brooklyn Center Community Cntr. 6301 Shingle Creek Pkwy. SIGN HANGERS LICENSE Schad -Tracy Signs, Inc. 325 Minnesota Avenue N. TAXICAB LICENSE Blue & White Cab Company 2404 Sheridan Avenue N. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Approving Supplemental Agreement No. 2 to Contract 1986 -C for Replacement of Storm Sewer through the Centerbrook Golf Course (Improvement Project No. 1985 -23, Phase III). He noted that this supplementary agreement provides for compliance with MN /DOT permit requirements. Councilmember Hawes stated that he had taken this item off the consent agenda, because he believed there was a discrepancy concerning the total cost to MN /DOT. The Director of Public Works stated that he would have to review the resolution and would like the item laid over until later in the evening. The City Manager presented a Resolution Commencing Proceedings for the Acquisition of Right -of -Way for the Establishment of Grimes Avenue North between Lakebreeze Avenue and the South Line of the North One Half (N 1/2) of Section 10, T118, R21 (Improvement Project No. 1986 -05), Receiving Report and Calling for a Hearing Thereon. He stated this resolution initiates the acquisition of right -of -way for the development of an access road to the Joslyn Corporation property. He added that this item had been discussed at previous Council meetings. Councilmember Scott inquired where the additional $700 had been added between Friday's resolution and the current copy. The Director of Public Works stated that additional legal costs had been added which had not originally been figured in the cost. Councilmember Theis inquired if adjoining property owners would be benefiting from this improvement. The Director of Public Works stated that it would be difficult to prove a benefit to the adjoining property owners, since they already have access onto Lakebreeze Avenue. The City Manager noted that the only purpose for the roadway is to benefit Joslyn. Councilmember Theis expressed his concern for assessing only the one property owner which, seems to go against the City's assessment policy. The Director of Public Works stated that this is a unique case, and that it would be difficult to prove a benefit to adjoining property owners. Therefore, the City cannot assess the adjoining property owners. Councilmember Hawes inquired if this roadway would have any affect on the lift station. The City Manager stated that some adjustments would have to be made. Councilmember Hawes inquired at whose expense these adjustments. would be made. The Director of Public Works stated that would have to be decided at a future date. Councilmember Hawes stated that he does not want to see the City pay for any part of this project. RESOLUTION NO. 86 -196 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION COMMENCING PROCEEDINGS FOR THE ACQUISITION OF RIGHT -OF -WAY FOR THE ESTABLISHMENT OF GRIMES AVENUE NORTH BETWEEN LAKEBREEZE AVENUE AND THE SOUTH 12 -8 -86 -3- i LINE OF THE NORTH ONE HALF (N 1/2) OF SECTION 10, T118, R21 (IMPROVEMENT PROJECT NO. 1986 -05), RECEIVING REPORT AND CALLING FOR A HEARING THEREON The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed with Councilmember Hawes voting against the motion. The City Manager presented a Resolution providing for a public hearing on Proposed Assessment of Improvement Project No. 1986 -05, Acquisition of Right -of- Way for the Establishment of Grimes Avenue North between Lakebreeze Avenue and the South Line of the North One Half (N 1/2) of Section 10, T118, R21. He noted this item would provide for a public hearing for the improvement discussed in the previous resolution. RESOLUTION NO. 86 -197 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR A HEARING ON PROPOSED ASSESSMENT OF IMPROVEMENT PROJECT NO. 1986 -05, ACQUISITION OF RIGHT -OF -WAY FOR THE ESTABLISHMENT OF GRIMES AVENUE NORTH BETWEEN LAKEBREEZE AVENUE AND THE SOUTH LINE OF THE NORTH ONE HALF (n 1/2) OF SECTION 10, T118, R21 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 Expressing Recognition of and Appreciation for the Dedicated Public Service of Donald M. Berg. RESOLUTION NO. 86 -198 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DONALD M. BERG 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 Providing for Transition between Current Terms of Mayor and Councilmembers and Those Adopted under Charter Amendment. The City Manager stated that a change had been made late this afternoon and he would like the City Attorney to address this change. The City Attorney stated that some questions had arisen regarding who should make the decision for the election schedule. He stated that after reviewing the three alternatives which had been prepared for the transition, the third alternative which the Council approved, is really the only alternative that would work under the rules and regulations set forth for this change. He noted that this is a technical matter to have the Charter Commission prepare an amendment. Councilmember Lhotka inquired if the Charter Commission is aware of this change. The City Manager stated that the Charter Commission was not aware of this change and that he did not realize there was a problem until today. He added that he recommends deferring this resolution for further staff review. 12 -8 -86 -4- The City Attorney stated it was assumed that the City Council would pass a resolution and implement the new schedule. After discussions with Dave Kennedy he found that the transition question should be decided by the Charter Commission. The City Manager stated that basically what needs to happen is the Council will have to approve this resolution requesting the Charter Commission to prepare an appropriate Charter amendment. After the Charter Commission prepares an amendment then the issue would come back to the Council. The City Attorney noted that generally with this type of issue, a Charter Commission can deal with the transition in two ways. They can choose to deal with the transition along with the amendment or wait to handle the transition schedule until after the amendment has passed. In this case, the City's Charter Commission chose to wait until after the amendment had been adopted before a transition schedule was approved. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to table the resolution until the meeting of December 22, 1986. Councilmember Scott stated that before the next Council meeting she would like to see a copy of the State statute regarding even year election transition periods. The City Attorney stated there is no actual written statute or rule which would define the transition procedure, but only interpretations that have been made by the Legislature and legal counsel. Councilmember Lhotka inquired if the Council were to pass the resolution, could the Council then direct the Charter Commission to make the appropriate change. Mayor Nyquist stated that the Council cannot direct the Charter Commission, but only request them to make the appropriate change. Upon vote being taken on the foregoing motion, the motion passed unanimously. The City Manager presented a Resolution Accepting Bid and Awarding Contract for One (1) Fire Engine /Pumper. He noted that it would take approximately 90 to 180 days for the deliver of this y fire truck. Councilmember Lhotka inquired what the budgeted amount had been for the fire truck. The City Manager stated that the Council had approved $145,000 for the purchase of this vehicle less a $5,000 trade -in. RESOLUTION N0, 86 -199 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR ONE (1) FIRE ENGINE /PUMPER The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. DISCUSSION ITEM RECOMMENDATION FROM PARK AND RECREATION COMMISSION TO BLACKTOP THE TRAILWAY ON THE EAST SIDE OF PALMER LAKE CONNECTING WITH BROOKLYN PARK'S TRAIL The City Manager noted that the Director of Public Works has a map which he would like to review for the Council to show where the proposed connection would take place. He added that basically all that is needed this evening is for the 12 -8 -86 -5- Council to authorize the staff to prepare a preliminary report on the cost estimates for this project. He added that he would instruct the staff to hold neighborhood meetings in this area before the project took place. The Director of Public Works proceeded to review the map of the existing trailways in and around Palmer Lake. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to concur with the recommendation from the Park and Recreation Commission, and to authorize staff to prepare a preliminary report. The motion passed unanimously. RESOLUTION The City Manager noted that the Director of Public Works has reviewed the Resolution Approving Supplemental Agreement No. 2 to Contract 1986 -C for Replacement of Storm Sewer through the Centerbrook Golf Course (Improvement Project No. 1985 -23, Phase III). The Director of Public Works noted that in the resolution the cost for design engineering is not eligible for MN /DOT participation and that it could not be figured into the 71 %. RESOLUTION NO. 86 -200 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 2 TO CONTRACT 1986 -C FOR REPLACEMENT OF STORM SEWER THROUGH THE CENTERBROOK GOLF COURSE (IMPROVEMENT PROJECT NO. 1985 -23, PHASE III) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager stated that the City has been asked to sign a nondisclosure type document for LOGIS regarding the Ultimap system. He noted that this document would simply state that the City would not be allowed to give away the design or program for the Ultimap system. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to authorize the City Manager to sign a nondisclosure type document for the LOGIS Ultimap system. The City Manager noted that today marks the 20th anniversary of the City becoming an, actual city and no longer a village. 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 7:54 p.m. City Clerk M yo- 12 -8 -86 -6-