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HomeMy WebLinkAbout1988 08-22 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 AUGUST 22, 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, Bill Hawes, and Rich Theis. 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, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Mr. Jim McCloskey, Board Member of the Brooklyn Center Prayer Breakfast Committee. The City Manager then introduced the City's three newest police officers, Bryan Fuerst, Keith Carlson, and John Barlow. OPEN FORUM Mayor Nyquist recognized Thomas Palm, 6119 Perry Avenue North. Mr. Palm stated he was representing the Minnesota Land Speed Record Project. He briefly reviewed the project and noted he is requesting the City of Brooklyn Center to provide some type of financial or technical support. A brief discussion then ensued, and the City Manager stated he would check into the State guidelines and statutes for cities donating money to these type of projects. He added he would have the Chamber of Commerce contact Mr. Palm regarding possible building sites for the vehicle. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. No requests were made. APPROVAL OF MINUTES - AUGUST 8 1988 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the August 8, 1988, City Council meeting as submitted. The motion passed unanimously. RESOLUTIONS RESOLUTION NO 88 -134 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING VOLUNTARY DEDICATION OF EASEMENTS TO THE CITY 8 -22 -88 _l_ The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -135 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES (ORDER NO. DST 08/22/88) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -136 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1988 GENERAL FUND BUDGET 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: CIGARETTE Theisen Vending Co. 3804 Nicollet Ave. S. La Casita Restaurant 2101 Freeway Blvd. MECHANICAL SYSTEMS Advanced Mechanical Contractors 7805 Beech St. NE PERISHABLE VENDING MACHINES Jimmy Jingle 1304 East Lake Street Builders Square 3600 - 63rd Ave. N. RENTAL DWELLINGS Initial: Gary Olson 3715 69th Avenue N. Renewal: Thomas K. Williams 5200 France Avenue N. John and Patty Devries 2801 66th Avenue N. Bertil G. Johnson 5333 E. Twin Lake Blvd. Dwight Jereczek 6319 Brooklyn Drive Bernard Gilvin 3901 61st Avenue N. Z & S Management Co. 3401, 13 47th Ave. N. Roland Scherber 5243 Ewing Ave. N. The motion passed unanimously. 8 -22 -88 -2- SOIL REMOVAL - JOSLYN SITE The City Manager noted that the Minnesota Pollution Control Agency would be holding a meeting on August 24, 1988, at the Brookdale library to provide information to the neighborhood borhood su rroundin the g g Joslyn site. He then introduced Dale Thompson of the Minnesota Pollution Control Agency. Mr. Thompson stated the Joslyn site is eligible for super fund monies for the cleanup of this area. He explained there will be four types of action that are taken with this site, one of them being soil removal. Councilmember Theis inquired approximately how much soil would actually be removed from the site. Allen Gephart from Barr Engineering stated approximately 20,000 cubic yards, or about one -half of the contaminated soil on the site, would be removed. He added by removing the soil the ground water would be pumped for a shorter period of time. Councilmember Lhotka stated he has some concerns with the g round water being pumped into the City sanitary sewer system. Mr. Gephart stated there would be an oil separation process before the water would actually be pumped into the sanitary sewer system. He noted the oil and other solids which were separated from the water would then be transported off -site along with the soil. Councilmember Hawes inquired if the soil would be treated before it is removed from the site. Mr. Gephart responded negatively and noted the soil would be removed by railway cars or trucks which would be lined and covered. The City Manager noted some of the details are still being worked out with the Minnesota Pollution Control Agency. He noted there is an agreement between the company and the Minnesota Pollution Control Agency and part of that agreement is the City's consent to the plan. He noted in the long run this soil removal will be quite beneficial to the City and no specific action is required this evening. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Authorizing the Mayor and City Council to Enter into an Agreement between the City of Brooklyn Center and North Hennepin Mediation Project, Inc. Mayor Nyquist recognized Jeff Berg, the curren t re sident p of the Mediation Project. Mr. Berg stated he would like to suggest the Council table the vote on this item because he has some concerns regarding the contract language. He added he would like to work with the City Attorney and Mayor to discuss different contract language. The City Manager stated staff would not have a problem tabling this item. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to table indefinitely a Resolution Authorizing the Mayor and City Council to Enter into an Agreement between the City of Brooklyn Center and North Hennepin Mediation Project, Inc. The motion passed unanimously. The City Manager presented a Resolution Authorizing a Capital Project Fund Appropriation for the Expansion of the Parking Lot Lighting System at Centerbrook Golf Course. The City Manager stated at the time the golf course was being designed staff did not communicate properly to the architect, or did not anticipate, the heavy use the golf course would be receiving especially during the winter months. He added the design for the additional lighting is being done in such a way to try to avoid tearing up the existing parking lot. Councilmember Scott inquired if the new lights would begin to settle if they were placed over a peat hole. The City Manager stated a detailed design has not 8 -22 -88 -3- been completed at this time, but if there are any surprises staff would bring the item back to the Council for further consideration. RESOLUTION NO. 88 -137 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING A CAPITAL PROJECTS FUND APPROPRIATION FOR THE EXPANSION OF THE PARKING LOT LIGHTING SYSTEM AT CENTERBROOK GOLF COURSE The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. ORDINANCES The City Manager presented An Ordinance Vacating the Right of Way of Xerxes Avenue North, North of the Northerly Right of Way of 68th Avenue North in Elsen's City View Third Addition. He noted this item was first read on July 25, 1988, published in the City's official newspaper on August 4, 1988, and is offered this evening for a second reading. He added this item requires a 4/5's vote by the Council. The Director of Public Works briefly reviewed the site and explained the ordinance would vacate the area as a street but would maintain the City's existing utility easements. He added the owner would obtain the surface rights to the property. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Vacating the Right of Way of Xerxes Avenue North, North of the Northerly Right of Way of 68th Avenue North in Elsen'..s City View Third Addition 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 Hawes and seconded by Councilmember Lhotka to close the public hearing on An Ordinance Vacating the Right of Way of Xerxes Avenue North, North of the Northerly Right of Way of 68th Avenue Nort11 in Elsen's City View Third Addition. The motion passed unanimously. ORDINANCE NO 88 -16 Member Gene Lhotka introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING THE RIGHT OF WAY OF XERXES AVENUE NORTH, NORTH OF THE NORTHERLY RIGHT OF WAY OF 68TH AVENUE NORTH IN ELSEN'S CITY VIEW THIRD ADDITION 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 Vacating Part of a Utility Easement in Lot 1, Block 3, Donnay's Brooklyn Gardens 2nd Addition. He noted this item was first read on July 25, 1988, published in the City's official newspaper on August 4, 1988, and is offered this evening for a second reading. He added this item requires a 4/5's vote by the City Council. The City Manager stated there has been a request for tabling of this item due to some problems with one of the utility companies. He stated the Council can continue the public hearing or close the public hearing and table the vote until a later date. The Director of Public Works explained Northwestern Bell has stated there may be a cable in this 8 -22 -88 -4- i area, and they have requested tabling to allow them time to locate the cable. He stated he believes the cable may be located in the northerly five feet of the easement. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Vacating Part of a Utility Easement in Lot 1, Block 3, Donnay's Brooklyn Gardens 2nd Addition and inquired if there was anyone present who wished to speak. No one appeared to speak. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to continue the public hearing on An Ordinance Vacating Part of a Utility Easement in Lot 1, Block 3, Donnay's Brooklyn Gardens 2nd Addition to the Council meeting scheduled for September 6, 1988. The motion passed unanimously. DISCUSSION ITEMS ZONING OF LAND SOUTH OF FREEWAY BOULEVARD AND EAST OF SHINGLE CREEK The Director of Planning and Inspection briefly reviewed the property site and noted in the past the Council has expressed some concerns regarding development at the corner of Shingle Creek Parkway and Freeway Boulevard. He noted past proposals for this site did not fit the master plan for that area. He went on to review the discussion of the Planning Commission and noted it was the general consensus of the commission to recommend rezoning of the property. He noted by rezoning the property it would limit the uses allowed by special use permit in the I -1 zone, and it was also recommended to consider a new use classification for a hotel containing dining facilities, meeting rooms and conference facilities as a use allowed as a special use in the I -1 zoning district. A brief discussion then ensued regarding the rezoning of this area and Councilmember Theis inquired how current C -2 owners would be affected by this change. The Director of Planning and Inspection stated an ordinance amendment would not affect the current C -2 property owners, however, it would place more C -2 property within the City. He added that the C -2 uses are not being changed but the I -1 special uses are. EDA Coordinator Brad Hoffman entered the meeting at 8:12 p.m. There was a motion by Councilmember Scott and seconded by Councilmember Hawes directing the issue of rezoning for the area south of Freeway Boulevard and east of Shingle Creek Parkway back to the Planning Commission for public hearings. The motion passed unanimously. ZONING OF LAND AT SOUTHWEST CORNER OF I -94 AND BROOKLYN BOULEVARD The Director of Planning and Inspection briefly reviewed the location of this site and noted there are access and soil problems on the property. He noted the City's Comprehensive Plan recommends a mid - density development, that being R -3 or C -1 (service office). He added the Planning Commission recommended staff start the rezoning process for these parcels. There was a motion by Councilmember Theis and seconded by Councilmember Scott directing staff to commence action for rezoning of this area. The motion passed unanimously. 8 -22 -88 -5- ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8 :28 p.m. C � L City Clerk Ma 8 -22 -88 -6-