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HomeMy WebLinkAbout1988 11-07 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 NOVEMBER 7, 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, 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, City Engineer Bo Spurrier, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti I Page. INVOCATION The invocation was offered by Blaine Fluth, chairperson of the 1989 Prayer Breakfast Committee. OPEN FORUM Mayor Nyquist noted he had received two requests to use the open forum session this evening. He noted both requests relate to agenda items, and he would like these individuals to speak during those items. He inquired if there was anyone else 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. RESOLUTIONS RESOLUTION NO. 88 -177 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1988 -I (RELOCATION OF STORM SEWER BETWEEN 5806 AND 5812 HALIFAX AVENUE NORTH) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -178 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE BROOKLYN CENTER CRIME PREVENTION FUND 11/7/88 -1- The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -179 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION TO TRANSFER FUNDS FROM THE FEDERAL REVENUE SHARING FUND TO THE GENERAL FUND The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. Y RESOLUTION NO.'88 -180 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION TO TRANSFER FUNDS FROM THE LCMR AND LAWCON FUND TO THE CAPITAL PROJECTS FUND The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO 88 -181 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION TO TRANFSER FUNDS FROM THE IMPROVEMENT BONDS OF 1969 DEBT SERVICE FUND TO THE CAPITAL PROJECTS FUND 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: CHRISTMAS TREE SALES Builders Square 3600 63rd Ave. N. Midwest Challenge, Inca 5524 Brooklyn Blvd. N. P.Q.T. Company 5040 Brooklyn Blvd. N. P.Q.T. Company 5801 Xerxes Ave. N. ITINERANT FOOD ESTABLISHMENT Earle Brown PTA /Judy Sodeman 5900 Humboldt Ave. N. Rosary Alter Society 7025 Halifax Ave. N. The motion passed unanimously. MAYORAL APPOINTMENTS Mayor Nyquist stated he would like to defer the appointment of the Housing Commission chairperson to the next Council meeting. 11/7/88 -2- There was a motion by Councilmember Hawes and seconded by Councilmember Theis to appoint Don Peterson to the Park and Recreation Commission. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Establishing Water System Improvement Project No. 1988 -20, Accepting Proposal and Approving Contract for Water Tower No. 2 Control Valve. RESOLUTION NO. 88 -182 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING WATER SYSTEM IMPROVEMENT PROJECT NO. 1988 -20, ACCEPTING PROPOSAL AND APPROVING CONTRACT FOR WATER TOWER NO. 2 CONTROL VALVE 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 Establishing Traffic Signal Improvement Project No. 1988 -24 and Accepting Proposal for Engineering Services Relating to Installation of Traffic Control Signal Systems on Shingle Creek Parkway at Main Entrance to Brookdale Square. Mayor Nyquist inquired if Brookdale Square would be paying for the total cost of this project. The Director of Public Works responded affirmatively. He noted this resolution simply initiates the project. He explained the lights are needed due to the high traffic volume in this area, and staff feels this would be a good time to install the lights because of the proposed road reconstruction on County Road 10. RESOLUTION NO. 88 -183 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING TRAFFIC SIGNAL IMPROVEMENT PROJECT NO. 1988 -24 AND ACCEPTING PROPOSAL FOR ENGINEERING SERVICES RELATING TO INSTALLATION OF TRAFFIC CONTROL SIGNAL SYSTEMS ON SHINGLE CREEK PARKWAY AT MAIN ENTRANCE TO BROOKDALE SQUARE The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. The City Manager presented a Resolution Establishing Traffic Signal Improvement Project No. 1988 -25 and Accepting Proposal for Engineering Services Relating to Installation of Traffic Control Signal Systems on Shingle Creek Parkway at Freeway Boulevard. He explained staff would like to defer construction of this project to the summer of 1990. Councilmember Lhotka inquired approximately how much the project would cost and who would be paying for it. The Director of Public Works stated the traffic signals would cost between $75,000 and $80,000, and the geometric design would be $25,000 to $40,000. He noted the project would be paid for from MSA street funds. RESOLUTION NO. 88 -184 Member Bill Hawes introduced the following resolution and moved its adoption: 11/7/88 -3- RESOLUTION ESTABLISHING TRAFFIC SIGNAL IMPROVEMENT PROJECT NO. 1988 -25 AND ACCEPTING PROPOSAL FOR ENGINEERING SERVICES RELATING TO INSTALLATION OF TRAFFIC CONTROL SIGNAL SYSTEMS AT FREEWAY BOULEVARD The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. O RDINANCES The City Manager presented An Ordinance Amending Chapter 1 Regarding Animals. He noted this item was first read on October 10, 1988, published in the City's official newspaper on October 20, 1988, and is offered this evening for a second reading. He stated this amendment will allow him to waive certain fees in cases where an animal has not been claimed from the City's designated pound after a specified period of time. He explained there are two options before the Council this evening and staff is recommending Option b. He noted Option b was changed to better reflect the City's intent. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 1 Regarding Animals 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 Scott to close the public . hearing. The motion passed unanimous) g P y ORDINANCE NO 88 -18 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 1 REGARDING ANIMALS The motion for the adoption of the foregoing ordinance was duly seconded by member Gene Lhotka, and the motion passed unanimously. The City Manager presented An Ordinance Extending Interim Ordinance No. 87 -16 for the Purpose of Protecting the Planning Process and Health, Safety, and Welfare of the Residents of the Community, and Regulating and Restricting the Development of Adult Halfway Houses, Community Based Residential Facilities and Similar Uses in the City. He noted ed this item was first read on October b 10, 1988, published in the City's official newspaper on October 20, 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 Extending Interim Ordinance No. 87 -16. Mayor Nyquist recognized Bill Wigdahl, 3007 Nash Road. Mr. Wigdahl stated he has a mentally ill son, and he feels the City is discriminating against the mentally ill by allowing the moratorium to continue. Mayor Nyquist stated the City is having two studies completed dealing with this issue. He noted the moratorium is being continued to allow completion of these studies and review by the Council. Mayor Nyquist inquired if there was anyone else present who wished to speak at the public hearing. There being none, he entertained a motion to close the public hearing. 11/7/88 -4- There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to close the public hearing. The motion passed unanimously. ORDINANCE NO. 88 -19 Member Rich Theis introduced the following ordinance and moved its adoption: ORDINANCE EXTENDING INTERIM ORDINANCE NO. 87 -16 FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS OF THE COMMUNITY, AND REGULATING AND RESTRICTING THE DEVELOPMENT OF ADULT HALFWAY HOUSES, COMMUNITY BASED RESIDENTIAL FACILITIES AND SIMILAR USES IN THE CITY The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 19 of the City Ordinances by Declaring the Parking of Certain Vehicles in Residential Zoning Districts a Public Nuisance. He noted this item is offered this evening for a first reading. The Director of Planning and Inspection briefly reviewed the proposed ordinance and noted this ordinance will utilize three criteria for determining which vehicles can be parked in residential zones. He stated the maximum length, maximum height, and maximum gross vehicle weight will be used as the criteria. He then went on to review slides showing the length and height of different vehicles within the City. Councilmember Lhotka stated he would like to know the length of the longest van that is manufactured. He stated he feels it is larger than the one shown in the slides. Councilmember Scott pointed out it appears that buses would not be allowed to park at churches or schools. Mayor Nyquist recognized Kevin Smith, 6106 Quail Avenue North. Mr. Smith explained that he had recently started a business and would be required to remove his business vehicle from his residence if the ordinance were passed. Mr. Smith stated if he were required to store his vehicle off -site, he would basically be put out of business because he does not have the additional money to pay for storage space. He noted his vehicle is 10' high and 21' long. The City Manager stated staff would try to put together a list of companies which may allow Mr. Smith to store his tYuck on their property. Mayor Nyquist recognized Mr. Blaine Fluth who stated he would have a problem with the storage of buses at churches. The Director of Planning and Inspection stated additional exceptions could be written into the ordinance to allow for storage of buses at schools and churches. Councilmember Scott inquired if commercial vehicles would be allowed on the persons' property if they were stored inside a garage. The Director of Planning and Inspection stated they would not be allowed under these ordinance provisions. Councilmember Lhotka stated he would like staff to survey churches and schools to find out how many store buses on their property, and he would like more information regarding the length of the largest van being manufactured. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis 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 December 5, 11/7/88 -5- 1988, at 7:30 p.m. The motion passed with Councilmember Scott opposed. RECESS The Brooklyn Center City Council recessed at 8:32 p.m. and reconvened at 8:48 p.m. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO 88019 SUBMITTED BY BUETOW AND ASSOCIATES INC. REQUESTING SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A 20,000 SO FT OFFICE BUILDING FOR THE CITY COUNTY CREDIT UNION BETWEEN THE PARK NICOLLET MEDICAL CENTER AND THE LEARNING TREE DAY CARE CENTER The City Manager noted this item was recommended for approval by the Planning Commission at its October 27, 1988, meeting. Councilmember Theis stated he is on the supervisory committee for the credit union and would not be participating in any discussion or vote regarding this application. The Director of Planning and Inspection referred the Council to the Planning Commission minutes of October 27, 1988, pages one and two. He briefly explained the application and noted there is not a public hearing required for this application. He stated the Planning Commission did recommend approval of this application subject to 11 conditions which he reviewed for the Council. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to approve Planning Commission Application No. 88019 submitted by Buetow and Associates, Inc. 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. A site performance agreement and supporting financial guarantee (in an amount to be determined -by the City Manager) shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop, mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing g g system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 11/7/88 -6- 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 10. The property owner shall enter in an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. 11. The plans shall be revised prior to consideration by the City Council to indicate the following: a) Two additional Black Hills Spruce on the landscape plan. b) A separate grading, drainage, and utility plan showing the first floor elevation at 851' and also showing City utilities (size and location) in Earle Brown Drive. Drainage calculations for the 5- year and 100 -year storms shall be submitted to and approved by the City Engineer prior to the issuance of building permits. The motion passed. Councilmember Theis abstained from the vote. DISCUSSION ITEMS AFFIRMATIVE ACTION PLAN The City Manager explained Minnesota statutes were recently revised which require the City to have a certificate of compliance, issued by the Commissioner of the Minnesota Department of Human Rights, pertaining to an affirmative action plan. He noted without this certificate state funds will not be released to the City. He explained the greatest impact on the City of Brooklyn Center for noncompliance is in the area of Minnesota state aid funds for roads. Mayor Nyquist stated he would like to layover approval of this item to allow for more review time. The Personnel Coordinator stated the City must have the plan submitted to the state by December 1, 1988. She added the Council does have time to layover this item until the next Council meeting but added time would be short after that meeting. The City Manager explained these are goals which the City would try to reach, but the City is not required to meet the goals. He added he would have this item put on the agenda for the November 21, 1988, meeting. STATUS AND IMPACT OF BFI VS. HENNEPIN RECYCLING GROUP LAWSUIT AND REVIEW OF RECYCLING CONTRACT NEGOTIATIONS The City Manager explained the City can work around the BFI lawsuit and go on with a separate recycling program. He noted this will create some coordination problems. He explained if the City wished to coordinate garbage and recycling pickups, the program would most likely start in June or July. He stated staff is recommending the two programs be coordinated so the City does not get off to a bad start. Councilmember Lhotka inquired when the City must comply to the state law. The City Manager stated the City must have submitted a plan by 1989 and have the plan in place during 1989. He added the County has stated they will not pursue Brooklyn Center if we are under a lawsuit. Councilmember Lhotka stated he would like to see that statement in writing. He added that he is in favor of starting the program as a coordinated effort even if it means starting 11/7/88 -7- in June or July. Councilmember Hawes agreed it would be best to take the extra time and start the program correctly. PARK AND RECREATION COMMISSION RECOMMENDATIONS REGARDING BICYCLE TRAIL PLAN The City Manager explained in September of 1988, the Park and Recreation Commission recommended "concept approval" of a bicycle trailway plan. He noted this proposed plan was included in the Council's agenda packet. The Director of Public Works briefly reviewed the report and proposed plan for the Council. Councilmember Lhotka inquired what a ballpark figure would be if the City were to complete everything on the plan at one time. The Director of Public Works stated it would be between $3 million and $5 million. He explained if the trailway changes and improvements were combined with other street improvement projects, the total cost of the trailway plan could be cut in half. He noted, however, this would take a number of years to complete, and the City would have to wait for the street improvement projects to create the opportunities for the trailway system. There was a motion by Councilmember Theis and seconded by Councilmember Scott approving the concept of the trail plan. The motion passed unanimously. RESOLUTION NO. 88 -185 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION REQUESTING THAT THE MINNEAPOLIS PARK BOARD COMPLETE THE MISSING LINK OF THE REGIONAL TRAILWAY SYSTEM BETWEEN THE PENN AVENUE BRIDGE AND THE NORTH MINNEAPOLIS CORPORATE LIMITS (AT 53RD AVENUE NORTH EXTENDED) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. NUISANCE ORDINANCE AMENDMENTS The City Manager briefly reviewed the other nuisance ordinance amendments which have been proposed over the past 12 months. He inquired what further action the Council would like to take on these amendments. Councilmember Lhotka stated he would like to see these amendments pursued, and he would also like to see the City implement a policy or ordinance which would require driveway aprons from the street to the driveway to be paved. EXECUTIVE SESSION The City Manager stated following adjournment of the Council meeting, there would be an executive session to update the Council on the Bill Kelly House lawsuit. BEER AND WINE LICENSE - YEN CHING RESTAURANT There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the beer and wine license for the Yen Ching Restaurant. The motion passed unanimously. 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 9:45 p.m. City Clerk Mayo 11/7/88 -8-