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HomeMy WebLinkAbout1988 09-06 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 SEPTEMBER 6, 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 Assessor Pete Koole, City Attorney Charlie LeFevere, EDA Coordinator Brad Hoffman, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Mayor Nyquist. OPEN FORUM Mayor Nyquist recognized Rollie Bolier, 6825 Quail Avenue North. Mr. Bolier stated he was present this evening to discuss the proposed nuisance ordinance amendments. He stated he has a neighbor who owns a large diesel dump truck and trailer which is parked at the home every day. He noted the owner of the truck works on the truck quite often and has installed lights in his backyard so that he can work into the late night hours. He stated he has notified the police department when the owner has the trailer home with the truck because there is a violation of the length then. He stated he feels the proposed ordinance amendment will be good for the community and noted he felt the Council must decide if the neighbors of these nuisances or the truckers should experience a hardship. Councilmember Lhotka inquired what type of action has been taken when the police are called. The City Manager stated he would have to investigate that question. Councilmember Lhotka stated it appears the problems with having a large truck of this type around is the repair and maintenance on it. He inquired if it would be possible, under the present ordinance, to allow a truck owner to park the truck at home but not allow any repair or maintenance of the vehicle. The City Manager noted staff is presently looking at changes to the home occupation ordinance which might address this issue. Public Works Coordinator Joe Oster entered the meeting at 7:20 p.m. Mayor Nyquist then recognized Joyce Hardt, 6807 Quail Avenue North. Ms. Hardt stated she too lives in the same neighborhood as Mr. Bolier and the owner of the dump truck. She noted she has lived there for 14 years. She stated she and her husband are retiring soon and would like to sell their home, however, real estate agents have said this neighbor with the dump truck could be a hinderance and delay the sale. She noted the truck and the maintenance which the owner does on it is very noisy. 9 -6 -88 -1- CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. Councilmember Theis requested item 10a be removed. FINAL PLAT APPROVAL - DITZLER ADDITION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the final plat for the Ditzler Addition which is located on the south side of 69th Avenue North between Camden Avenue and Aldrich Avenue. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 88 -138 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1988 GENERAL FUND BUDGET TO PROVIDE FOR PURCHASE OF TREES TO REPLACE TREES LOST BECAUSE OF DROUGHT The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION N0. 88 -139 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 09/05/88) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -140 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPOINTING GERALD G. SPLINTER TO THE BOARD OF DIRECTORS OF HENNEPIN RECYCLING GROUP The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -141 Member Celia Scott 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 Scott and seconded by Councilmember Hawes to approve the following list of licenses: 9 -6 -88 -2- ITINERANT FOOD ESTABLISHMENT Spiritual Life Ministries 6500 Shingle Creek Pkwy. SIGN HANGER Sign Service, Inc. 1016 N. 5th Street TAXICABS Airport Cab 3010 Minnehaha Ave. S. Suburban Taxi Corporation 9614 Humboldt Ave. S. The motion passed unanimously. RECESS TO ECONOMIC DEVELOPMENT AUTHORITY MEETING The Brooklyn Center City Council recessed at 7:30 p.m. and reconvened at 7:32 p.m. PUBLIC HEARING - ANNUAL CITY BUDGET The City Manager stated the Finance Director would like to give a brief introduction tonight for the 1989 budget and then adjourn the public hearing to the September 14 meeting at which time the Council would review the budget department by department. He noted part of the Finance Director's introduction would be an explanation of the omnibus tax bill. The Finance Director went on to briefly review the omnibus tax bill and noted that it is very expensive and time consuming for the cities. He went on to review certain points of the budget and noted the total proposed budget for 1989 is $9.8 million which represents a 6.2% increase. He went on to discuss revenues and other funding sources. He noted at the September 14, 1988, special City Council meeting, individual departmental budgets would be reviewed. Mayor Nyquist opened the meeting for the purpose of a public hearing on the annual City budget. He inquired if there was anyone present who wished to speak at the public hearing. There being none, he entertained a motion to continue the public hearing to September 14, 1988. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka I li to continue the public hearing on the annual City budget to September 14, 1988. The motion passed unanimously. ORDINANCE 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, and published in the City's official newspaper on August 4, 1988. The second reading was held and the public hearing was opened on August 22, 1988, then continued to this evening to allow receipt of more information from the utility companies. He added this item requires a 4/5's vote by the Council. The Director of Public Works briefly reviewed the location of the property and noted the existing utility line is within the five feet which the City will be retaining as easement. Mayor Nyquist reopened the 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. There being none, he entertained a motion to close the public hearing. I 9 -6 -88 -3- There was a motion by Councilmember Theis and seconded by Councilmember Scott to close the public hearing on An Ordinance Vacating Part of a Utility Easement in Lot 1, Block 3, Donnay's Brooklyn Gardens 2nd Addition. The motion passed unanimously. ORDINANCE N0. 88 -17 Member Bill Hawes introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING PART, OF A UTILITY EASEMENT IN LOT 1, BLOCK 3, DONNAY'S BROOKLYN GARDENS 2ND ADDITION The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. PUBLIC HEARINGS Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed assessments for 1987 and 1988 diseased shade tree removal costs. The Director of Public Works noted the City has received no written correspondence regarding the public hearing for diseased shade tree removal costs. Mayor Nyquist inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak, and 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 proposed assessments for 1987 and 1988 diseased shade tree removal costs. The motion passed unanimously. RESOLUTION NO 88 -142 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DISEASED SHADE TREE REMOVAL COST TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed assessments for delinquent public utility accounts. The Director of Public Works noted the City has received no written correspondence regarding the public hearing on delinquent public utility accounts. Mayor Nyquist inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to close the public hearing on proposed assessments for delinquent public utility accounts. The motion passed unanimously. RESOLUTION NO 88 -143 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DELINQUENT PUBLIC UTILITY ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS 9 -6 -88 -4- The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed assessments for delinquent weed destruction accounts. He inquired if there was anyone present who wished to speak at the public hearing. He then recognized Ubaldo Ramos, 6836 West River Road. Mr. Ramos stated when he received the notice to cut his property he made arrangements for a neighbor to do it. He then noted the City apparently also sent its weed cutter in and charged him for an one and one -half hour of work. He stated it did not appear the City had done any cutting at all and he felt $70 was much too high for one and one -half hour of work. He stated he did send a letter to the City Clerk on August 15, 1988. The Director of Public Works stated he was not aware of this letter and would have to look into the matter. The City Manager stated the Council can remove this property from the assessment roll and act on it separately at the next City Council meeting. Mr. Ramos stated he is requesting that the City Council dismiss the entire assessment this evening. Councilmember Lhotka stated he would like some background information before he can make any decision on the matter. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on proposed assessments for delinquent weed destruction accounts. The motion passed unanimously. There was a general consensus among Councilmembers to remove the property at 6836 West River Road from the assessment roll and act on it at the next City Council meeting. RESOLUTION NO. 88 -144 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DELINQUENT WEED DESTRUCTION ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. The Finance Director left the meeting at 8 :30 p.m. Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed special assessments for street improvement project No. 1988 -04. The Director of Public Works gave a brief review of the project and noted slightly over 20% of the' project cost is being assessed. He added the City has received no written correspondence regarding the public hearing on proposed special assessments for street improvement project No. 1988 -04 (Logan Avenue North). Mayor Nyquist inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak, and he entertained a motion to close the public hearing. 9 -6 -88 -5- There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to close the ublic p hearing on proposed special assessments for street improvement project No. 1988 -04 (Logan Avenue North). The motion passed unanimously. Councilmember Theis stated he has some concerns with assessing property owners before the project is complete. He inquired what opportunity the property owners would have to address any problems that occurred because of the project if the dollar amount has already been assessed. The City Manager stated staff has not experienced any problems with this contractor so far. He explained a few years ago with the Lyndale project, staff was aware of the problems from the very beginning. He noted by approving the assessment this year it also saves one year of construction interest on the assessment. RESOLUTION NO 88 -145 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR STREET IMPROVEMENT PROJECT NO. 1988 -04 TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed special assessments for street improvement project Nos. 1988 -05 (France Avenue North from south City limits to 50th Avenue), 1988 -06 (Lakebreeze Avenue North from Highway 100 to Azelia), and 1988 -07 (50th Avenue North from Highway 100 to France Avenue). He inquired if there was anyone present who wished to speak at the public hearing. He then recognized James Talmage, 3715 50th Avenue North. Mr. Talmage explained he owns the property at 5000 France Avenue North. He stated he was not contacted by the City or the contractor regarding the use of his property for storage of construction equipment. He noted, however, he was told by a City representative that the contractor would restore the property to its original state. Mr. Talmage inquired why a curb cut was not installed on the northeast side of 50th and France Avenue North. He stated there had been a driveway at this area and he is requesting that the curb cut be put in or the assessment reduced by $1,350, which is the amount it would cost him to put in the curb cut. The Director of Public Works stated it is not the normal practice to install driveways or curb cuts on vacant property. He stated past experience has shown that if the curb cut is put in on the vacant property, when the property is developed the curb cut is usually in the wrong area. He noted if the curb cut were in the wrong area it would be much costlier to remove the curb cut and redo it somewhere else. He stated the Council may wish to remove this property from the assessment roll to allow for further investigation into the matter. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to close the public hearing on proposed special assessments for street improvement project Nos. 1988 -05, 1988 -06, and 1988 -07. The motion passed unanimously, 9 -6 -88 -6- There was a general consensus among Councilmembers to remove the property at 5000 France Avenue North from the proposed assessment roll for street improvement project Nos. 1988 -05, 1988 -06, and 1988 -07. RESOLUTION NO. 88 -146 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FROM STREET IMPROVEMENT PROJECT NUMBERS 1988 -05, 1988 -06, AND 1988 -07 TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 9:04 p.m. and reconvened at 9:23 p.m. MAYORAL APPOINTMENT There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to appoint Ellamae Sander to the Brooklyn Center Planning Commission. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Accepting Work Performed under Contract 1988 -J (1988 Sealcoating Program, Improvement Project No. 1988 -15). Councilmember Theis stated he was not happy with the overlapping of materials down the center of the streets. He noted it gives the sealcoating job an appearance of poor workmanship. The Director of Public Works stated this overlapping does occur on a portion of all sealcoating projects, but it may be more noticeable with the new material which is being used this year. Councilmember Theis inquired if it would affect the life expectancy of the project. The Director of Public Works responded negatively. He added the Council could table this resolution to allow for further staff review. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to table a Resolution Accepting Work Performed under Contract 1988 -1 (1988 Sealcoating Program, Improvement Project No. 1988 -15). The motion passed unanimously. The City Manager presented a Resolution Authorizing a Capital Projects Fund Appropriation for the Installation of Additional Trees at Centerbrook Golf Course. He noted staff is recommending a two phase plan of installation and noted under the first phase all the trees would be purchased and planted yet this fall. The Director of Public Works briefly reviewed the proposed locations for the fall plantings and noted that a final plan or cost estimate has not yet been developed for all of the landscaping which is being recommended. RESOLUTION NO. 88 -147 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING A CAPITAL PROJECTS FUND APPROPRIATION FOR THE INSTALLATION OF ADDITIONAL TREES AT CENTERBROOK GOLF COURSE 9 -6 -88 -7- 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 Accepting Quote and Awarding Contract for Blacktopping of Pathways at Centerbrook Golf Course. He noted the Director of Recreation and the Golf Course Manager have recommended installation of blacktop pathways in certain areas of the golf course. He noted these areas have shown much wear and tear over the golf season and staff cannot keep the grass growing in these areas. RESOLUTION NO. 88 -148 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AWARDING CONTRACT FOR BLACKTOPPING OF PATHWAYS AT CENTERBROOK GOLF COURSE The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. Police Chief Jim Lindsay, Police Captain Scott Kline, and Investigator Paul Monteen entered the meeting at 9 :35 p.m. DISCUSSION ITEMS POLICE DEPARTMENT FIVE YEAR STAFFING PLAN The Police Chief stated the five year staffing study committee has researched and established techniques and measurements for data analysis with a view towards the predicting of activities and services. He noted these techniques were then used to provide the necessary data for determining options and designing and programming police services. He then went on to review how the study was completed. He concluded by reviewing the calendar summary of personnel requests which will begin in 1989. A brief discussion then ensued regarding the DARE and Officer Friendly programs which would operate in the schools. The Police Chief noted the DARE program, if approved in the 1989 budget, would not begin until September of 1989. He concluded by stating because of the many activities that are available in Brooklyn Center such as the regional shopping center (Brookdale), numerous movie theaters, bowling alleys, car dealerships, and hotels /motels, many people enter the City each day and the potential for crime is there. ADDITIONAL STAFF - DEPARTMENT OF PLANNING AND INSPECTION The City Manager stated that part of the 1989 budget request for the Department of Planning and Inspection is one additional Housing Inspector. The Director of Planning and Inspection went on to review the responsibilities proposed for the new position. He noted that with the exception of the full -time receptionist which was added during 1988, the department complement of full -time personnel has been at five for approximately ten years. He explained the position being requested would not be a certified building inspector but rather a person who could be trained to enforce the City's maintenance and occupancy ordinance and implement the housing quality standards for the section 8 rent assistance program. He stated he believes since Brooklyn Center is moving from a developing community to a maintenance community, the need has arisen for some 9 -6 -88 -8- additional nontechnical inspection services which could be handled very well by the addition of a Housing Inspector to the City staff. 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 11:35 p.m. City Clerk May 9 -6 -88 -9-