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HomeMy WebLinkAbout1988 07-11 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 JULY 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 7:03 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 Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, EDA Coordinator Brad Hoffman, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Reverend Cilke. 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 Scott requested item 8b be removed from the consent agenda. APPROVAL OF MINUTES - JUNE 27 1988 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the June 27, 1988, City Council meeting. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 88 -114 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR SEALCOATING OF STREETS (IMPROVEMENT PROJECT NO. 1988 -15, CONTRACT 1988 -J) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -115 Member Celia Scott introduced the following resolution and moved its adoption: 7 -11 -88 -1- RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES (ORDER NO. DST 07/11/88) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION N0. 88 -116 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING A LIMITED USE PERMIT FROM THE STATE OF MINNESOTA FOR CONSTRUCTION OF A BIKEWAY WITHIN THE RIGHTS -OF -WAY OF T.H. 100 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -117 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE DOMESTIC ASSAULT INTERVENTION PROJECT 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: AMUSEMENT DEVICES :.OPERATOR Beacon Bowl 6525 Lyndale Ave. N. LaCasita Restaurant 2101 Freeway Blvd. Scoreboard Pizza 6816 Humboldt Ave. N. AMUSEMENT DEVICES - VENDOR D.V.M. Inc. d /b /a Dahlco 119 State Street FOOD ESTABLISHMENT Korean Presbyterian Church 6830 Quail Ave. N. GARBAGE AND REFUSE COLLECTION VEHICLES Aagard Sanitation P. 0. Box 14845 Gordon Rendering P. 0. Box 12785 Hilger Transfer, Inc. 8550 Zachary Lane Mengelkoch Company 119 NE 14th Street Metro Refuse 8168 West 125th Street Midwest Grease Buyers, Inc. P. 0. Box 26 Peterson Brothers Sanitation, Inc. 740 Industry Avenue Randy's Sanitation, Inc. Route 342 T & L Sanitation 8201 Logan Ave. N. Waste Control 95 West Ivy Avenue Willman Trucking, Inc. 62 26th Avenue N. Woodlake Sanitary Service, Inc. 4000 Hamel Road 7 -11 -88 -2- ITINERANT FOOD ESTABLISHMENT Brookdale Unocal 5710 Xerxes Ave. N. Brooklyn Center Jaycees Central Park Brooklyn Center Park & Recreation Central Park Brooklyn Center Service "76" 6245 Brooklyn Blvd. St. Alphonsus Fun Fair 7025 Halifax Ave. N. MECHANICAL SYSTEMS Churchill's Home Heating & Cooling 818 North Prior Ave. Conrad Mechanical Contractors 509 1st Avenue NE Thermex Corporation 4850 Park Glen Road Thompson Air Inc. 5115 Hanson Court SIGN HANGER Electric Light Sign Co. 815 E. 4th Street Equity Construction Co. 561 3rd Street Scenic Sign Corporation Box 881 TEMPORARY ON -SALE NONINTOXICATING MALT LIQUOR LICENSE Brooklyn Center Jaycees Central Park The motion passed unanimously. RECESS TO ECONOMIC DEVELOPMENT AUTHORITY MEETING The Brooklyn Center City Council recessed at 7:06 p.m. and reconvened at 7:16 p.m. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Amending the 1988 General Fund Budget and Authorizing Payment to the Hennepin Recycling Group. The City Manager noted the money requested would be used for start up expenses of the HRG. He noted the total dollar figure is based upon a $1.50 per household within each City. He added the money would be used for such costs as insurance, legal fees, etc. There was a brief discussion regarding the pending action on the BFI issue. RESOLUTION NO. 88 -118 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1988 GENERAL FUND BUDGET AND AUTHORIZING PAYMENT TO THE HENNEPIN RECYCLING GROUP 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 Authorizing the Mayor and City Manager to Execute Any Necessary Agreements with the State of Minnesota for Electrical Inspections Effective August 1, 1988. Councilmember Scott inquired how much this would cost the City each year. The City Manager noted it would cost roughly $4,000 a year, but it will give the City access to other areas such as plan checking at no additional cost. 7 -11 -88 -3- RESOLUTION NO. 88 -119 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE ANY NECESSARY AGREEMENTS WITH THE STATE OF MINNESOTA FOR ELECTRICAL INSPECTIONS EFFECTIVE AUGUST 1, 1988 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 Authorizing Initiation of Eminent Domain Proceedings to Acquire Easement for Pedestrian /Bicycle Trailway on 57th Avenue North. Councilmember Theis inquired if the five foot trailway easement and the ten foot utility easement overlap. The City Manager stated the easements have been modified and the utility easement will no longer be needed only the five foot trailway easement. The Director of Public Works noted the owner of this property has a different idea of value than what the City is placing on it. He noted staff will try to negotiate an agreement with the owner, but the eminent domain proceedings will be in place if they are needed. Councilmember Lhotka inquired what the cost of going through the eminent domain proceedings would be. The City Manager noted it would be the cost of the condemnation. The Director of Public Works pointed out the owner is asking for more than twice the appraised value of this property. He explained early in the negotiations the owner did not have any problems or concerns with granting the easements or with the suggested dollar figure, but as the negotiations went on his position changed. Councilmember Lhotka inquired what the value is of this property. The Director of Public Works stated it is $3,500 and added the owner is asking $10,000. He explained a dollar amount has been agreed on with the other property owners in the area, and he would not recommend paying this owner more than the other property owners. RESOLUTION NO. 88 -120 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING INITIATION OF EMINENT DOMAIN PROCEEDINGS TO ACQUIRE EASEMENT FOR PEDESTRIAN /BICYCLE TRAILWAY ON 57TH AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. DISCUSSION ITEMS REQUEST FOR PROPOSALS - GROUP HOME STUDY The City Manager explained staff has prepared an RFP which will be sent to various consultants requesting their assistance in completing a study of planning and land use issues relating to residential facilities. He noted Peter Patchin has submitted a proposal to study the probable market value impact of the proposed Bill Kelly home upon surrounding neighborhood properties. Councilmember Lhotka inquired what the cost would be for the study to be conducted by Mr. Patchin. The Director of Planning and Inspection stated Mr. Patchin has quoted an estimate of approximately $12,300 to complete the 'study. 7 -11 -88 -4- He noted the cost of the second study is part of the RFP, but he believes the study will run between $20,000 and $25,000. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to submit the RFP to various consultants and instructing staff to return to the Council with a final recommendation for awarding the project. The motion passed unanimously. NUISANCE ORDINANCES The City Manager stated he believes staff has covered all the items with the Council which will have major impacts. He noted there is one part of the ordinance that he would like to suggest the Council give approval for a first reading on this evening. He stated this particular section would pertain to several problem areas of the City and would make many neighborhoods happy. He added this particular section is the section dealing with storage of commercial vehicles. He noted the Council could wait to have a much deeper review of the other ordinance sections because there is no time pressure. The City Manager noted the current ordinance allows one commercial vehicle up to 25 feet in length to be kept on residentially zoned property, providing it is used as transportation to and from work. He noted the proposed change to this ordinance would prohibit the parking of any vehicle in excess of 12,000 pounds gross weight. Councilmember Theis inquired if the vans discussed in the rug cleaning business at the last Council meeting would be acceptable. The City Manager responded affirmatively. Councilmember Lhotka stated when the Council reviews the other sections of the proposed ordinance changes, he would like to be able to go over them point by point. The City Manager stated he would plan on placing these ordinance amendments on an agenda that did not have many items. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Parking of Commercial Vehicles and setting a public hearing date for August 8, 1988, at 7:30 p.m. The motion passed unanimously. ORDINANCE The City Manager presented An Ordinance Amending Chapter 11 Relating to Hours of Operation for a Bottle Club. He noted this ordinance was first read on June 13, 1988, published in the City's official newspaper on June 23, 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 11 Relating to Hours of Operation for a Bottle Club 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 11 Relating to Hours of Operation for a Bottle Club. The motion passed unanimously. 7 -11 -88 -5- i �I There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve for first reading An Ordinance Amending Chapter 19 of the City Ordinances by Declaring the Parking of Certain Vehicles in Residential Zoning Districts a Public Nuisance and setting a Public hearing date for August 8, 1988, at 7:30 p.m. The motion passed unanimously. ORDINANCE NO. 88 -13 Member Bill Hawes introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 11 RELATING TO HOURS OF OPERATION FOR A BOTTLE CLUB The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO. 88005 SUBMITTED BY BERNARD HERMAN ARCHITECTS REQUESTING SITE AND BUILDING PLAN APPROVAL FOR AN ADDITION TO THE OFFICE BUILDING LOCATED AT 1915 57TH AVENUE NORTH The City Manager noted this item was recommended for approval by the Planning Commission at its June 16, 1988, meeting. He noted the City Council considered this item at its June 27, 1988, meeting at which time the item was tabled for further information. He explained staff is recommending condition No. 7 be deleted from the recommended conditions for this Planning Commission application. The Director of Planning and Inspection stated the resolution which was passed earlier regarding eminent domain proceedings relates to this Planning Commission application. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve Planning Commission Application No. 88005 submitted by Bernard Herman Architects subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes 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. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriatel screened from view. 4. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. Straight B6 curb shall be provided around all parking and driving areas. 7 -11 -88 -6- i The motion passed unanimously. DISCUSSION ITEMS (CONTINUED) UPDATE ON HRG RECYCLING PROCESS The City Manager noted he gave a brief update of the HRG when the resolution amending the 1988 General Fund Budget and Authorizing Payment to the Hennepin Recycling Group was discussed. FUND DONATIONS TO CITY FROM COMMUNITY GROUPS The City Manager noted at the June 27, 1988, City Council meeting staff expressed concern with accepting donations from those groups which have licenses that are regulated by the City. He noted the Lions Club, both before and after the start of the pull -tabs, have financed the police dog. He stated staff does not feel department heads should be soliciting donations from community groups. He stated if the Council so wishes he could prepare a letter to be sent to the community groups suggesting other civic groups which could use the donation as well as the City. Councilmember Lhotka stated groups like the band, chorus, mediation project, and domestic assault intervention program are very needy and crucial organizations. He stated he would like to encourage the community groups to give their donations to these people. Councilmember Scott stated she does not feel the City has a problem at this time. She noted the Lions Club has contributed to every group which Councilmember Lhotka noted and just about any other group in Brooklyn Center which exists. The City Manager stated as long as the donation given to the City is not being taken away from another needy group and it is not solicited by the City, there does not seem to be much danger in accepting a donation. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:04 p.m. Xd ,22zz=� City Clerk Mayo 7 -11 -88 -7-