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HomeMy WebLinkAbout1988 05-09 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 MAY 9, 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 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, and Bill Hawes. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, EDA Coordinator Brad Hoffman, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. Mayor Nyquist noted Councilmember Theis would be absent from this evening's meeting. INVOCATION The invocation was offered by Councilmember Scott. 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. No requests were made. MAYORAL APPOINTMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Scott jto appoint Mr. Art Mead to the Brooklyn Center Park and Recreation Commission. The motion passed unanimously. RESOLUTION i RESOLUTION NO. 88 -65 Member Gene Lhotka introduced the following resolution and moved its adoption: I RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES (ORDER NO. DST 05/09/88) I The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. k 5 -9 -88 _1_ r LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the following list of licenses: FOOD ESTABLISHMENT Blvd. Superette 6912 Brooklyn Blvd. Brooklyn Center American Little League Iten Field Jerry's New Market 5801 Xerxes Ave. N. T. Wright's 5800 Shingle Creek Pkwy. i GARBAGE AND REFUSE COLLECTION VEHICLE Aagard Sanitation P. 0. Box 14845 Block Sanitation 6741 79th Ave. N. MECHANICAL SYSTEMS Air Comfort, Inc. 3944 Louisiana Circle A. Binder & Son, Inc. 120 East Butler Avenue Flare Heating & Air Cond., Inc. 664 Mendelssohn Ave. N. Kraemer Heating 7441 Dallas Court Precise Heating, A /C, & Electric, Inc. 2729 Ensign Ave. N. Sedgwick Heating & Air Cond. Co. 8910 Wentworth Ave. S. MOTOR VEHICLE DEALERSHIP Brookdale Ford, Inc. 2500 County Road 10 SIGN HANGER DeMars Signs 4040 Marshall St. NE Universal Sign Company 1033 Thomas Avenue SWIMMING POOL Earle Brown Farm Apts. 1701, 07 69th Ave. N. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Approving Addendum No. 1 to Contract 1988 -H to Provide for Replacement of Sanitary Sewer on Lakebreeze Avenue. The Director of Public Works stated all the sewer lines running through the proposed street improvement project areas have been televised. He noted all appear to be in good condition except those sewer lines along Lakebreeze Avenue. He stated staff is recommending replacement of that section of the sewer line before the street improvement project begins. He noted at this point staff has not received a firm cost estimate for the project, but his rough guess would be $20,000 to $25,000. Mayor Nyquist inquired if this improvement would be a special assessment. The Director of Public Works stated replacement of this sewer line would be paid for from the public utilities fund. Councilmember Lhotka inquired as to the total cost of the project without replacement of the sewer line. The Director of Public Works stated this particular project is approximately one -half million dollars. Councilmember Lhotka inquired why the existing pipe had originally been placed on pilings and also why a cast iron pipe had been used. The 5 -9 -88 -2- Director of Public Works stated the cast iron pipe had been placed on pilings due to poor soil conditions in the area. He noted the soil engineer does recommend a small amount of soil correction in this area, but no addition pilings are necessary. RESOLUTION NO. 88 -66 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION APPROVING ADDENDUM NO. 1 TO CONTRACT 1988 -H TO PROVIDE FOR REPLACEMENT OF SANITARY SEWER ON LAKEBREEZE AVENUE The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The Director of Public Works stated he should be receiving a detailed estimate regarding the cost for replacement of this sewer line on Tuesday, and he would then notify Council of the figures. ORDINANCE The City Manager presented An Ordinance Amending Chapter 13 Relating to Parks and Recreation. He noted this item was originally offered for a first reading on April 11, 1988, and the Council tabled it to allow for further staff review. He noted there are three options available to the Council, and the Park and Recreation Commission recommended option A. He pointed out the more specific the ordinance is, the more potential there is for problems in enforcement. Councilmember Scott stated option B appears to be the best selection to avoid any enforcement problems. Councilmember Hawes stated the Park and Recreation Commission was very adamant in their approval of option A. He added many members of the commission felt this ordinance needed further clarification. The City Manager reminded the Council that the curfew section would be changed only as it applies to the trailway system. Councilmember Scott inquired if the enforcement issue would be helped if the term loitering were used in this section. The City Attorney stated the enforcement of loitering laws is very difficult for the Police Department, and it becomes a judgment call. Councilmember Hawes stated that the Park and Recreation Commission felt this section of the ordinance should be much more detailed. Mayor Nyquist pointed out technically people are violating the curfew if they are on the trailway within the park. He added that currently police are using their discretion before stopping people on the trailway system. The Personnel Coordinator stated members of the Park and Recreation Commission felt the Police Department should be arresting any person that is on the trailway system within a park if it is past the curfew. She added the commission would like the Council to change the ordinance to allow these people to use the trailways within a park legally. There was a motion by Councilmember Hawes to approve the option C ordinance amendment for a first reading. The motion died due to a lack of a second. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the option B ordinance amendment, An Ordinance Amending Chapter 13 Relating to Parks and Recreation, for a first reading this evening and to set the public hearing for June 13, 1988, at 7:30 p.m. The motion passed with 5 -9 -88 -3- Councilmember Hawes opposed. PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO 87027 SUBMITTED BY DR JOHN LESCAULT REQUESTING A VARIANCE FROM THE SIGN ORDINANCE TO ALLOW A 32 SO FT FREESTANDING HOME OCCUPATION SIGN AT HIS RESIDENCE AT 6142 BROOKLYN BOULEVARD The City Manager noted this item was originally considered earlier in the year and tabled for further investigation. The Director of Planning and Inspection noted this ordinance was before the Council on February 8, 1988. He noted since that time, it has been confirmed that State law does require licensee names to be on signs for chiropractic offices. He briefly reviewed the application and noted staff is recommending an ordinance change which would allow the size of home occupation signs not to exceed six square feet on major thoroughfares. He noted any home occupation which is not along a major thoroughfare would remain at two and one -half square feet. He added that he has discussed this ordinance amendment with Dr. Lescault, and Dr. Lescault does not appear to have any problems with this amendment. Councilmember Lhotka stated he is not a big advocate of increasing sign sizes. He stated he thought it might be possible to change the ordinance so that a sign could be increased in size on an individual basis if the larger sign were required because of set license procedures. The Director of Planning and Inspection stated if a variance were granted for this particular case, the City Council would be setting a precedent for other neighborhoods. Councilmember Lhotka inquired what size signs real estate companies are allowed to post. The Director of Planning and Inspection stated real estate signs cannot exceed six square feet in residential areas. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve for first reading An Ordinance Amending Chapter 34 of the City Ordinances Regarding the Size of Home Occupation Signs and to set a public hearing date for June 13, 1988, at 7:30 p.m. The motion passed unanimously. There was a motion by Councilmember-Lhotka and seconded by Councilmember Scott to deny Planning Commission Application No. 87027, an application for a variance from the sign ordinance, on the grounds that the applicant has not demonstrated that the qualifications for obtaining a variance from the sign ordinance contained in Section 34 -180 of the City ordinances have been met particularly in the following ways: f 1. The hardship cited by the applicant is not unusual for a home occupation located on a major thoroughfare. 2. The conditions upon which the application for a variance is based are not unique inasmuch as there have been at least eight home occupations along Brooklyn Boulevard which have lived within the restrictions of the Sign Ordinance. 3. A large (4' x 8 home occupation sign would be detrimental to the integrity of the R1 district in which the residence of the applicant is located. 5 -9 -88 -4- I The motion passed unanimously. DISCUSSION ITEM HOUSE DOCTOR AND HOME ENERGY CHECKUP PROGRAMS The City Manager briefly reviewed the two resolutions pertaining to this item before the Council for consideration this evening. Councilmember Lhotka inquired if staff were quite certain that the West Hennepin Human Services Planning Board would agree with the contract language relating to liability insurance. The Personnel Coordinator responded affirmatively. Councilmember Scott inquired at what point in the application process are the other participating cities at this time. The Personnel Coordinator stated all participating cities are basically at the same point and anticipate submitting the application by the June 1, 1988, deadline. RESOLUTION NO. 88 -67 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO ACT AS LEAD COMMUNITY IN INITIATING A JOINT AGREEMENT WITH THE CITIES OF CRYSTAL AND GOLDEN VALLEY FOR THE GOVERNOR'S COMMUNITY ENERGY PROGRAM TO BE FUNDED BY MINNEGASCO, NORTHERN STATES POWER, AND THE STATE OF MINNESOTA'S DEPARTMENT OF PUBLIC SERVICE, ENERGY DIVISION The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -68 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING MEMBERS OF A COMMUNITY ENERGY COUNCIL FOR A COMMUNITY ENERGY PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. REFUSE AND RECYCLING ANALYSIS The City Manager stated a second community meeting regarding refuse and recycling will be held on May 16, 1988, at 7:30 p.m. in constitution hall. The EDA Coordinator stated at the first public meeting many people expressed an interest in the cost estimates for the different type of programs. He noted if a contract is negotiated between the cities of New Hope, Brooklyn Center, and Crystal, it is believed the monthly rate would be approximately $10 per household. He noted there would be a need for additional personnel which would be shared by the three communities. The EDA Coordinator stated if the City is going to require the residents of Brooklyn Center to recycle, then the Cit y buildings s must also start a recycling Y g He program. noted it is assumed that once a curb side program has been started within the City, the need for the Goodwill drop off center will disappear. He went on to explain some of the difficulties involved in using individual haulers and- noted that each program affects each hauler differently. He added if 5 -9 -88 -5- I - individual haulers were kept for the normal solid waste pickup, the charges would have to be added for curb side pickup of recycled goods and yard wastes. He added staff is concerned with the bid system because it would eliminate the small contractors and eventually the price being paid would skyrocket. A discussion then ensued relative to the process which would be used by the residents in separating their recyclable items. It was noted that the regular waste products would still be placed in trash containers, grass clippings and other yard wastes would still be in large plastic bags, and the recyclables would be placed in separate paper bags. It was also noted that everything would be picked up on one day. Councilmember Lhotka stated he had some concerns regarding the projected costs for the baling equipment. He stated if the City were going to produce large bales for resale, the City would also have to purchase the equipment to move these bales around. He noted the projected costs do not reflect this additional equipment. The EDA Coordinator stated the baler cost is based on a machine which is designed for the liquor stores. He noted the bales could easily be moved by practically any employee, and they would be hauled away free of charge. He added by purchasing a baler for each store, the City could reduce the number of pickups at each store from six daily pickups to one weekly pickup. The EDA Coordinator stated one concern he has is whether there will be a market for recyclables once all of Hennepin County is recycling. The City Manager pointed out the residents should be warned that when the County quits subsidizing the cost of some of these programs, the resident's hauling bill could rise. Councilmember Scott stated at the meeting on May 16, 1988, information should be given to the residents regarding the compost site for yard wastes because some haulers are no longer picking up yard wastes. OTHER BUSINESS The City Manager stated after adjournment of the regular City Council meeting and the EDA meeting, he would like to call an executive session to discuss two lawsuits. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to convene an executive session following adjournment of the regular City Council meeting, the EDA meeting, and a short recess. 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 8:21 p.m. Cit7 Clerk Mayor 5 -9 -88 -6-