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HomeMy WebLinkAbout1988 04-11 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 APRIL 11, 1988 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, Celia Scott, and Bill Hawes. Also present were City Manager Gerald Splinter, y g r Director of Public Works S P y Knapp, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. Mayor Nyquist noted Councilmember Theis would be late for this evening's meeting. INVOCATION The invocation was offered by Councilmember Lhotka. Mayor Nyquist noted members of Boy Scout pack #403, from Cross of Glory Church, were present this evening to observe the City Council meeting. The pack leader stated the boys were working on their citizen activity badge and attending a meeting, or meeting a City official is one of the requirements of the badge. 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 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 Lhotka requested item 7, 9c, and 9g be removed, and Councilmember Hawes requested item 9b be removed from the consent agenda. PROCLAMATION Member Gene Lhotka introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING APRIL 17 -23, 1988, AS VOLUNTEER RECOGNITION WEEK The motion for the adoption of the foregoing proclamation was duly seconded by member Bill Hawes, and the motion passed unanimously. 4 -11 -88 -1- RESOLUTIONS RESOLUTION NO. 88 -52 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPOINTING GERALD SPLINTER AS ALTERNATE TO THE BOARD OF DIRECTORS OF THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -53 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DECLARING SURPLUS PROPERTY 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: CIGARETTE Best Products Company, Inc. 5925 Earle Brown Dr. FOOD ESTABLISHMENT Bakers Square Restaurant 5601 Xerxes Ave. N. Beacon Bowl 6525 Lyndale Ave. N. Brooklyn Center Mobil 6849 Brooklyn Blvd. Carmel Corn 1333 Brookdale Center Dayton's 1100 Brookdale Center Donut Delight 6838 Humboldt Ave. N. Earle Brown Bowl 6440 James Circle Earle Brown Commons 6100 Summit Drive Food Express 1131 Brookdale Mall Kids' Time Out 5611 Xerxes Ave. N. The Learning Tree 6020 Earle Brown Dr. Maranatha Conservative Home 5401 69th Ave. N. Nature Food Centre 6068 Shingle Creek Pkwy. Nutrition World 1271 Brookdale Center Scoreboard Pizza 6816 Humboldt Ave. N. Subs Etc. 6048 Shingle Creek Pkwy. Taco Bell Brookdale Center U.A. Communications 5800 Shingle Creek Pkwy. Yen Ching Restaurant 5900 Shingle Creek Pkwy. ITINERANT FOOD ESTABLISHMENT Brooklyn Center Fire Dept. 6301 Shingle Creek Pkwy. Brooklyn Center Lioness 5312 N. Lilac Drive Park Center Parents 6400 Sycamore Lane N. 4 -11 -88 -2- MOTOR VEHICLE DEALERSHIP Brookdale Pontiac 6801 Brooklyn Blvd. Iten Chevrolet 6701 Brooklyn Blvd. Bob Ryan Oldsmobile 6700 Brooklyn Blvd. MECHANICAL SYSTEMS Aer, Inc. Box 1146 All Season Comfort, Inc. 55 Mound Street Allan Mechanical, Inc. 6020 Culligan Way C.O. Carlson Air Cond. Co. 1203 Bryant Ave. N. Centraire, Inc. 7402 Washington Ave. S. Construction Mechanical Services 1307 Sylvan Street Doody Mechanical, Inc. 520 Front Avenue Harris Mechanical Contracting Co. 2300 Territorial Road Horwitz Mechanical, Inc. 5000 North Co. Road 18 Igloo Heating and Air Cond. 11440 Lakeland Dr. N. Metropolitan Mechanical Contractors 7340 Washington Ave. S. Northwest Heating & Air Cond. 9964 Hemlock Way Pierce Refrigeration 1920 2nd Ave. S. Pride Mechanical, Inc. 3025 NE Randolph St. R & S Heating Air Cond. d• 21357 Hemlock Ave. Realistic Heating & Cooling Inc. 9077 Van Buren St. NE Royalton Heating & Cooling Co. 4120 85th Ave. N. T.G.S. Mechanical Inc. 50 Choctaw Circle United Heating & Air Cond. 79.09 30th Ave. N. Ray Welter Heating Co. g 4637 Chicago Ave. SIGN HANGER Ace Sign Company 1991 N. Broadway SWIMMING POOL Brookdale Ten Apartments 3305 -3433 53rd Ave. N. Chippewa Park Apartments 6507 Camden Ave. N. Columbus Village Apartments 507 70th Ave. N. Four Court Apartments 2836 Northway Dr. Garden City Court Apartments 3407 65th Ave. N. North Lyn Apartments 6511 Humboldt Ave. N. Northbrook'Apartments 1302 69th Ave. N. The motion passed unanimously. APPROVAL OF MINUTES - MARCH 28 1988 - REGULAR SESSION Councilmember Lhotka stated he would like to make a correction on page seven, the second paragraph, in the second to the last sentence. He stated the sentence should read "he stated there have been a number of studies cited, and all except one come to the same conclusion." There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the minutes of the March 28, 1988, City Council meeting as amended. The motion passed unanimously. 4 -11 -88 -3- RESOLUTIONS The City Manager presented a resolution establishing policies and procedures for initiation and financing of water main replacements. He noted a public information meeting regarding the water quality improvements was conducted by City staff on March 23, 1988. He noted staff recommends the City Council adopt formal policies and procedures regarding the initiation and financing of water main replacements. He added a petition must be presented to the City Council before the improvements will take place. Mayor Nyquist inquired if the petitions would be for each individual street or for the entire area. The City Manager stated the petitions could be done for each individual street, but there is no guarantee that the streets which are not replaced would not affect the replaced lines. Mayor Nyquist inquired how the cost of a smaller project would be distributed. The Director of Public Works stated generally the costs of a project are proportional to the size of the project. The Director of Public Works briefly reviewed the presentation which was given to the neighborhood. Councilmember Theis entered the meeting at 7:12 p.m. The Director of Public Works noted the red water problem is not creating a health or safety hazard. He went on to review the current alternatives open to the City those being to continue the current operations and maintenance procedures, lining of the existing pipes, or the water main replacement program. He noted staff is not comfortable recommending any of the techniques used for lining the existing pipes. He added the cost of lining the existing pipes would run any where from 50% to over 100% of the cost of replacing the lines. The Director of Public Works noted the water main replacement project must be initiated by a petition of property owners. He added under State law, the Council can order the project following a public hearing. He explained the City Council can order the project by a simple majority vote if the petition is signed by more than 35% of affected property owners and by a 4/5 vote of the City Council if the petition is signed by 35% or less of the affected property owners. He went on to review the proposed special assessment levy and the term of the special assessment. The Director of Public Works concluded by briefly reviewing the possible schedule which would allow for completion of the project by the end of October 1988. He explained this would be a very tight schedule, but the project could be constructed along this time frame. Mayor Nyquist stated he would like to defer action on this resolution until later in the meeting so that the 7:15 p.m. presentation on the agenda could be taken care of. JOSLYN POLE YARD INTERIM POLLUTION CONTROL The City Manager stated Mr. Frank Wallner from the Minnesota Pollution Control Agency (MCPA) is present this evening to discuss the soil contamination problem at the Joslyn pole yard. Mr. Wallner stated there are also two people from Barr Engineering, which is representing Joslyn, present this evening. Mr. Wallner went on to review the past history of the Joslyn pole yard noting it had been a wood treating plant for a number of years. He stated in 1985 the MPCA issued a request for a study of the site and a feasibility study for cleanup of the area. He noted originally a slurry wall had been proposed and approved for the contaminated area. However, it was discovered there was a problem with the amount of clay in the area. He stated a new plan has been submitted to the 4 -11 -88 -4- MPCA, and it is believed this is a much better system. He explained the new plan would consist of installing four ground water pump out wells around the contaminated soils. He stated this would prevent the migration of contaminated ground water to other areas. He stated the ground water would be tested and decontaminated, if necessary, and then released into the sewer system. He added that agreements have not been worked out yet with the City or the Shingle Creek Watershed Management Association. Mr. Wallner stated the MPCA is also concerned with the contaminated soil in the area. He stated Joslyn is working on preliminary plans for the contaminated soil. Councilmember Scott inquired of Mr. Wallner who would monitor the water before it is dumped into the City's sanitary sewer lines. Mr. Wallner stated there would be monthly monitoring by the Metropolitan Waste Control Commission. Councilmember Lhotka inquired how long this area would have to be pumped. A representative from Barr Engineering stated the pumping could last 20 years or longer. Councilmember Lhotka inquired if the contaminated soils would be removed. A representative from Barr Engineering stated some of the soils could be removed, but at this time they are just developing a plan for cleanup of the contaminated soils. Councilmember Lhotka inquired what is done with the contaminates that are taken out of the water. Mr. Wallner stated a carbon block is used for the purification of the water, and this would have to be disposed of properly. ORDINANCES The City Manager presented An Ordinance Amending Chapter 29 Regarding Filing for Municipal Office. He noted this ordinance was first read on March 14, 1988, published in the City's official newspaper on March 24, 1988, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 29 Regarding Filing for Municipal Office and inquired if there was anyone present who wished to speak. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on An Ordinance Amending Chapter 29 Regarding Filing for Municipal Office. The motion passed unanimously. ORDINANCE NO. 88 -06 Member Bill Hawes introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 29 REGARDING FILING FOR MUNICIPAL OFFICE The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 13 Relating to Parks and Recreation. He noted this amendment would cover certain housekeeping changes within the ordinance and changes related to the curfew and use of portable grills in parks. He added the ordinance is offered this evening for a 4 -11 -88 -5- first reading. Councilmember Lhotka inquired about the item relating to glass beverage containers. The Personnel Coordinator stated under the current ordinance the Director of Park and Recreation can authorize the use of glass containers within a park. She noted under this ordinance amendment it would be changed to allow for no exceptions. Councilmember Lhotka inquired about the change for posting of signs and handbills within parks. The City Attorney stated this item was being reviewed by his office before the second reading of the ordinance. There was a brief discussion regarding other areas of the ordinance amendment and concerns of the Councilmembers. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to table the first reading of An Ordinance Amending Chapter 13 Relating to Parks and Recreation until a report can be made on the questions raised by Councilmembers. The motion passed unanimously. RESOLUTIONS (CONTINUED) RESOLUTION ESTABLISHING POLICIES AND PROCEDURES FOR INITIATION AND FINANCING OF WATER MAIN REPLACEMENTS Mayor Nyquist noted the resolution before the Council this evening is to establish policies and procedures for initiating water main replacements. He added the policy and procedures will not be utilized unless a petition is received. Mayor Nyquist recognized Mr. Richard Mechtel, 6337 Quail Avenue North, who stated he and his neighbors are concerned that a 4/5 vote by the Council can approve this project even if the neighborhood is against it. He added he feels all options have not been thoroughly investigated. Mr. Mechtel went on to explain that he had prepared and mailed a brief questionnaire to the residents on Quail Avenue between 63rd and 65th Avenues North. He noted 23 out of the 29 questionnaires were returned, and all 23 do not have water problem and do not wish to be included in the replacement project. The City Manager stated City staff and consultants have spent a better part of five years trying to find a correlation to explain why some residents have problems and some do not. He added the 4/5 vote by the Council is allowed by State statute for all improvement projects and is not a unique part of this project. Mayor Nyquist reminded the Council this resolution is merely setting the policy and procedures for the water main replacements, not establishing a project. Mayor Nyquist added his own personal opinion is unless a petition comes in from a particular street it will not be included in the project. RESOLUTION NO. 88 -54 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING POLICIES AND PROCEDURES FOR INITIATION AND FINANCING OF WATER MAIN REPLACEMENTover The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. 4 -11 -88 -6- The City Manager stated the tentative schedule prepared by staff is very ambitious and if a petition does not come in there will be no project. RECESS The Brooklyn Center City Council recessed at 8:29 p.m. and reconvened at 8:48 p.m. DISCUSSION ITEM DEVELOPMENT STRATEGIES AND OUR EXISTING ZONING ORDINANCE LIMITATIONS The City Manager explained over the last few years staff has been discovering problems with the existing zoning ordinance for the City. He added the courts have also been shifting the burden of proof of nonconformance to the City instead of the applicant. Councilmember Lhotka stated he feels this ordinance is long overdue for updating. Councilmember Theis stated he would like to have certain points within the ordinance more clarified so interpretations do not have to be made. Councilmember Scott inquired if staff has a set time frame for completing these changes. The City Manager stated that all details have not yet been discussed with the City Attorney, but he believes staff could be prepared to submit a rough draft of all the changes within 60 to 90 da explained g s. He ex Y P after a rough draft is prepared, the Council could review the changes and refer the rough draft to the Planning Commission for their comments. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott directing staff to review the current zoning ordinance, prepare recommended changes, and present a preliminary draft to the City Council. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Accepting Bid and Approving Contract 1988 -G _(Tree Removal Improvement Project No. 1988 -11). Councilmember Hawes inquired if the City pays the full amount of the contract whether one or one hundred trees are removed. The City Manager stated the City will only pay for the number of trees that are removed. RESOLUTION N0. 88 -55 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1988 -G (TREE REMOVAL IMPROVEMENT PROJECT NO. 1988 -11) 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 Amending Fee Schedules Relating to the Administration of the Noxious Weed and Tree Removal Accounts. A brief discussion then ensued relative to the current fees and procedures for removal of noxious weeds. Councilmember Lhotka stated he believes there should be some type of penalty system, or the fee should be large enough to penalize those people who choose to have the City do their work. 4 -11 -88 -7- RESOLUTION NO. 88 -56 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING FEE SCHEDULES FOR THE ADMINISTRATION OF NOXIOUS WEED AND TREE REMOVAL ACCOUNTS 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 Establishing Improvement Project No. 1988 -12, Acoustical Improvements to City Council Chambers, and Accepting Proposal for Acoustical Engineering Services. The City Manager explained over the past few years the City has hired three or four consultants to review the acoustical and noise problems within the City Council chambers. He noted each consultant had said the problem would be easy to fix yet none of the solutions have worked. He stated that to assure that the desired results are obtained, staff is recommending that the City employ the services of an acoustical engineering consultant to analyze the existing conditions, identify the cause of the existing problems, and recommend a solution. He noted City staff has interviewed several firms which specialize in this area and are P very comfortable recommending the firm of William H. 0. Kroll and Associates, who has a long list of successful projects. RESOLUTION NO. 88 -57 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT 1988 -12, ACOUSTICAL IMPROVEMENTS TO CITY COUNCIL CHAMBERS, AND ACCEPTING PROPOSAL FOR ACOUSTICAL ENGINEERING SERVICES 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 Declaring Earle Brown Days as a Civic Event. He explained by declaring Earle Brown Days a civic event it allows more opportunities for advertising and waives certain administrative fees. RESOLUTION 88 -58 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM MAY 27 THROUGH SEPTEMBER 1 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 Supporting the Twin Cities Bid to Host the 1996 Summer Olympics. 4 -11 -88 -8- RESOLUTION N0, 88 -11 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING THE TWIN CITIES BID TO HOST THE 1996 SUMMER OLYMPICS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. Mayor Nyquist inquired if the olympic teams would be using the City's swimming pool. The City Manager stated at one time the pool was on the list of possible sites, but because there is no room for seating and the fact that the City would have to close the o0 1 to its normal customers tourers it has been dropped from the list. He added it is possible that the pool will be used for off -peak hour practices. DISCUSSION ITEMS RECOMMENDATION FROM PARK AND RECREATION COMMISSION TO OPEN A SKATING RINK AT HAPPY HOLLOW PARK Councilmember Hawes explained that the neighborhood in this area would very much like to have the skating rink opened at Happy Hollow park for the 1988 -89 skating season. He stated he believes the City should give it one more chance. Councilmember Theis inquired if the City has ever closed a skating rink that had been reopened by petition. The City Manager stated that Lions park was closed after being reopened by a petition. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the opening of a skating rink at Happy Hollow park without a warming house or attendant for the 1988 -89 winter season. The motion passed unanimously. RECOMMENDATION FROM PARK AND RECREATION COMMISSION TO PLOW TRAILWAYS USED AS TRANSPORTATION ROUTES The City Manager explained the City has always plowed across Central park connecting to 63rd Avenue. He noted there have been several requests for the area around Northport park and Brookwood /Grandview to be plowed. He added there have been a consistent number of requests and City crews have been able to detect large amounts of usage over the snow. Councilmember Lhotka inquired what the additional costs would be for plowin g these areas. The Director of Public Works stated it would amount to $200 to $300 a year. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve the plowing of trails at Northport park, Lions park leading to the pedestrian bridge over T.H. 100, and at Grandview park leading to the pedestrian bridge over T.H. 100. The motion passed unanimously. RECOMMENDATION FROM PARK AND RECREATION COMMISSION TO INITIATE A FEASIBILITY STUDY FOR A SENIOR CENTER AND ATHLETIC ACTIVITY /PROGRAM CENTER The City Manager explained that the Parks and Recreation Department utilizes the gyms at all the elementary schools, the junior highs, and the high schools. He noted because the schools are starting to program more activities, the City's programs are being bumped out of gym use more and more. He also stated because 4 -11 -88 -9- of limited space, the City cannot offer some programs more than one night a week and the Parks and Recreation staff find themselves competing with each other for prime time gym space. He stated staff is recommending the Council direct the staff to prepare a cost estimate for this type of building, and it could be brought back as a 1989 budget item. There was a motion by Councilmember Scott and seconded by Councilmember Hawes directing staff to prepare a cost estimate for a feasibility study of a senior center and athletic facility /program center. The motion passed unanimously. LEGISLATIVE AND LRT UPDATE The City Manager briefly reviewed the proposed corridors for the light rail transit (LRT) system and noted the proposed corridors do not appear to even serve the northwest area. Councilmember Lhotka noted that abutting counties are sending representatives to the Hennepin County meetings to view and coax certain routes which would eventually connect into these other counties. He noted at this time the proposed corridors are following the most successful bus routes. The City Manager added that another issue that is not completely cleared up at this time is whether the LRT would be underground or above ground. The City Manager noted that recently he had sent out some items regarding proposed changes from the legislature. He noted some of the items quoted have already changed and he will try to send new information to the Councilmembers. 1989 BUDGET The City Manager stated in two and a half weeks he and the Finance Director would be distributing the initial forms for the 1989 budget to department heads. He noted he would like the Council to give some thought to the current budget process and think of items they would like considered within the 1989 budget. He stated one item that he will be asking the Council to consider is raising the minimum on capital outlay purchases. He stated at this time anything over $100 is considered a capital outlay item, but staff is finding that more and more small items cost over $100. Councilmember Theis stated he would like to see the minimum raised to $250 to $500. The City Manager stated he and the Finance Director would be returning to the Council with a recommendation. ON -SALE WINE AND NONINTOXICATING MALT LIQUOR LICENSES FOR DAYTON'S Councilmember Scott noted that the investigating officer made a rather strong recommendation regarding a certain party listed for the liquor licenses, yet the police chief made an opposite recommendation. She inquired why this had been done. The City Manager stated the situation which was described in the investigating officer's report has been cleared up. Councilmember Scott stated it appears the situation is an ongoing problem and may be cleared up at this time but could reappear in the future. The City Manager stated Dayton Hudson has assured the City there will be no further problems. Councilmember Scott stated if the Council approves this license she would like the police department to keep a careful eye on the licensee. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the on -sale wine and nonintoxicating malt liquor licenses for Dayton's. The motion passed. Councilmember Lhotka abstained from the vote. 4 -11 -88 -10- LICENSE TO UTILIZE EXPLOSIVES FOR THE HOWE COMPANY Mayor Nyquist noted the Howe Company is a tenant within the same building as his business, and he would be turning the gavel over to Mayor pro tem Hawes to avoid any possible conflict of interest. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the license to utilize explosives for the Howe Company. The motion passed. Mayor Nyquist abstained from the vote. 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 9:49 p.m. City Clerk Mayor i 4 -11 -88 -11-