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HomeMy WebLinkAbout1988 11-21 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 21, 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 Page. INVOCATION The invocation was offered by Elaine Bernards. 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 Lhotka requested item 7b be removed from the consent agenda. 3 RESOLUTIONS RESOLUTION NO. 88 -187 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING STREETSCAPE WORK PERFORMED UNDER CONTRACT 1986 -S (EARLE BROWN FARM PHASE III STREETSCAPE, LANDSCAPING) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -188 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1988 -G (1988 DISEASED TREE REMOVAL PROGRAM) 11/21/88 _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 -189 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF FOUR (4) COMPACT POLICE PATROL SEDANS 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: FOOD ESTABLISHMENT Hickory Farms Kiosk Brookdale Mall RENTAL DWELLINGS Initial: James Diorio 7031 Morgan Ave. N. Joe Semler 6820 Fremont Ave. N. Joe Semler 6824 Fremont Ave. N. Renewal: Real Estate Equities Brookside Manor Apartments Harrington Properties Hi Crest Apartments Gary Lyons /Gar -Nan Management Co. Humboldt Courts Eugene J. Sullivan 5329, 33 Brooklyn Blvd. Jill M. Sherritt 5235 Drew Ave. N. Ronald Nyberg 5301 Dupont Ave. N. Randall D. Tyson 5137, 39 France Ave. N. Gene Anderson /C &C Properties 5812 James Ave. N. Daniel & Georgette Kitchin 5601 Logan Ave. N. John W. Schroeder 5312 Oliver Ave. N. Allan & Vicki Olson 7111 Riverdale Rd. Jenny Christiansen 5400 Sailor Lane N. Richard Dawson 3955 69th Ave. N. The motion passed unanimously. APPROVAL OF MINUTES - OCTOBER 10 1988 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve the minutes of the October 10, 1988, City Council meeting. The motion passed. Councilmember Lhotka abstained from the vote. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Approving and Adopting the City of Brooklyn Center's Equal Opportunity /Affirmative Action in Employment Policy. Councilmember Theis inquired if this was the same plan that was submitted two weeks ago. The Personnel Coordinator responded affirmatively. Councilmember 11/21/88 -2- Theis inquired if there has been any changes or reference made to the apprentice program. The Personnel Coordinator stated it is referenced in the plan for certain positions, but there is no separate apprentice program. Councilmember Theis stated he feels this plan is lacking in this area. He stated he believes the City should be taking a step in the direction towards training minorities for higher level positions. The EDA Coordinator entered the meeting at 7:06 p.m. Mayor Nyquist inquired what changes in procedures would occur after implementation of this plan. The Personnel Coordinator stated the City is currently performing at this level, however, it would be possible to notify a few more minority agencies with job postings. Mayor Nyquist inquired if it would be possible to make a change in wording on page two, section two, paragraph three, so the paragraph would read "the City of Brooklyn Center will commit the time and resources, reasonably necessary, both financial and human, to achieve the goals of equal employment opportunity and affirmative action." The City Attorney stated he did not believe this would create a problem. RESOLUTION NO. 88 -190 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING AND ADOPTING THE CITY OF BROOKLYN CENTER'S EQUAL EMPLOYMENT OPPORTUNITY /AFFIRMATIVE ACTION IN EMPLOYMENT POLICY The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed with Councilmember Theis opposed. The City Manager presented a Resolution Reducing the Earle Brown Days Committee Account Receivable for Constitution Hall Signage. Councilmember Lhotka inquired what the unanticipated expenses were that the Earle Brown Days committee incurred. The City Manager stated the committee inadvertently paid for security expenses which the City would normally have covered. RESOLUTION NO. 88 -191 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION REDUCING THE EAR LE BROWN DAYS COMMITTEE ACCOUNT RECEIVABLE FOR CONSTITUTION HALL SIGNAGE 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 Accepting Proposal for Engineering Services Relating to Water System Improvement Project No. 1988 -23 (Reconditioning of Well No. 8 - Located at Camden Avenue North and Woodbine Lane). Councilmember Scott inquired what else could possibly go wrong with this well. The Director of Public Works stated he could not imagine any other problems with this well unless there was an underestimation of costs for the amount of bailing and gravel packing needed. He noted they tried to use the worst case scenario in developing these estimates. Councilmember Scott inquired what kind of guarantee is the contractor making about this work. The Director 11/21/88 -3- of Public Works stated the City's consultant, Short - Elliott- Hendrickson, Inc. has stated this is a very sure fire way of constructing a well. Councilmember Theis asked what the cost would be for abandoning this well and moving the equipment to a new location to start over. The Director of Public Works stated it would be approximately $650,000. He noted most of the equipment would not be salvageable with the exception of a few pumps and other mechanical equipment. He added the pumps and other mechanical equipment would most likely not be the same size as what the cit would want to install in a new well. There was a discussion regarding the proposed work to be done on this well. RESOLUTION NO. 88 -192 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL FOR ENGINEERING SERVICES RELATING TO WATER SYSTEM IMPROVEMENT PROJECT NO. 1988 -23 (RECONDITIONING OF WELL NO. 8 - LOCATED AT � CAMDEN AVENUE NORTH AND WOODBINE LANE) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 88020 SUBMITTED BY BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY REQUESTING SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL FOR RESTORATION AND RE -USE OF THE EARLE BROWN FARM AS AN EXHIBIT /BANQUET HALL RESTAURANT OFFICE SPACE AND BED AND BREAKFAST COMPLEX AND PLANNING COMMISSION APPLICATION NO 88021 SUBMITTED BY BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY REQUESTING SPECIAL USE PERMIT APPROVAL TO HAVE OFF SITE ACCESSORY PARKING FOR THE EARLE BROWN FARM LOCATED ON THE SITE OF BROOKDALE CORPORATE CENTER III 6160 SUMMIT DRIVE AND PLANNING COMMISSION APPLICATION NO. 88022 SUBMITTED BY BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY REQUESTING AN INTERIM VARIANCE TO ALLOW A 5 FT GREENSTRIP ADJACENT TO EARLE BROWN DRIVE AT THE EARLE BROWN FARM 6105 EARLE BROWN DRIVE ETC. The City Manager noted these three items are related and were all recommended for approval by the Planning Commission at its November 10, 1988, meeting. The Director of Planning and Inspection referred the Council to the Planning Commission minutes of November 10, 1988, pages four through six. He noted the property is located in an I -1 zone, and all proposed uses are special uses within this I -1 zone. He went on to review the site and noted the landscape plan has three times the number of points required by the Planning Commission landscape point system. He explained Planning Commission Application No. 88020 was recommended for approval with 13 conditions which he proceeded to review for the Council. He noted public hearings are scheduled for all three applications. Councilmember Lhotka inquired if in the future a parking ramp is needed, where will the people park while the ramp is being constructed. The City Manager stated management would have to plan the uses very carefully during construction of the ramp and try to utilize the building during off -peak hours as much as possible. The EDA 11/21/88 -4- Coordinator stated development of the farm is pretty much on schedule. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application Nos. 88020, 88021, and 88022. He inquired if there was anyone present who wished to speak at the public hearings. No one requested to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application Nos. 88020, 88021, and 88022. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Planning Commission Application No. 88020 submitted by the Brooklyn Center Economic Development Authority subject to the following condition: 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 by the contractor prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The buildings are 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. 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 with the exception of the circular drive -up to the bed and breakfast which may have surmountable curb. 9. The contractor 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 into an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems prior to the issuance of permits. 11/21/88 -5- 11. The special use permit acknowledges office, transient lodging, restaurant and exhibit/banquet hall uses. No other uses are comprehended. 12. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 13. Plan approval acknowledges approval of Application No. 88022, an interim variance from the 15' greenstrip requirement until the partial vacation of Earle Brown Drive. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve Planning Commission Application No. 88021 submitted by the Brooklyn Center Economic Development Authority. The motion passed unanimously. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve Planning Commission Application No. 88022 submitted by the Brooklyn Center Economic Development Authority subject to the following condition: 1. The City will continue to use all means necessary to acquire the underlying rights to Tract H, R.L.S. No. 1380 in order to accomplish a partial vacation of the Earle Brown Drive right -of -way from 80' to 60'. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Establishing Improvement Project No. 1988 -26 (Phase 2 -B Plantings at Centerbrook Golf Course), Accepting Proposal for Landscape Architectural Services Relating Thereto, and Authorizing a Capital Funds Appropriation Therefor. Councilmember Scott asked when these trees would be planted. The City Manager stated in the spring of 1989. RESOLUTION NO. 88 -193 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1988 -26 (PHASE 2 -B PLANTINGS AT CENTERBROOK GOLF COURSE), ACCEPTING PROPOSAL FOR LANDSCAPE ARCHITECTURAL SERVICES RELATING THERETO, AND AUTHORIZING A CAPITAL FUNDS APPROPRIATION THEREFOR 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 Establishing Improvement Project No. 1988 -19 (Trailway Construction along North Lilac Drive from Centerbrook Clubhouse to 57th Avenue North), Accepting Proposal for Landscape Architectural Services Relating Thereto, and Appropriating Municipal State Aid Street Funds Therefor. 11/21/88 -6 RESOLUTION NO. 88 -194 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1988 -19 (TRAILWAY CONSTRUCTION ALONG NORTH LILAC DRIVE FROM CENTERBROOK CLUBHOUSE TO 57TH AVENUE), ACCEPTING PROPOSAL FOR LANDSCAPE ARCHITECTURAL SERVICES RELATING THERETO, AND APPROPRIATING MUNICIPAL STATE AID STREET FUNDS THEREFOR 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 Appropriating Forfeited Property to the Police Department Training Budget. Councilmember Lhotka stated he would like staff to inform the Council whenever funds are being transferred to the training g budget because of forfeiture. iture. The Cit y Manager er stated he would be sure to send the Council a report. RESOLUTION NO. 88 -195 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROPRIATING FORFEITED PROPERTY TO THE POLICE DEPARTMENT TRAINING BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. PRIVATE KENNEL LICENSE - 5729 BRYANT AVENUE NORTH The City Manager noted the health department is recommending renewal of this private kennel license for its final year. He noted this license would expire on October 1, 1989, and at this time the owner would be required to comply with City Ordinance, Section 1 -108. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the private kennel license for Mr. James Zimmer at 5729 Bryant Avenue North. The motion passed unanimously. CHARITABLE GAMBLING LICENSE - LIONS CLUB The City Manager noted the Brooklyn Center Lions Club has filed an application for a charitable gambling license to operate a pull -tab booth at the Day's Inn. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to not object to the issuance of a pull -tab charitable gambling license for the Lions Club at the Day's Inn and authorizing the waiver of the 60 day waiting period. The motion passed with Councilmember Lhotka opposed. DISCUSSION ITEM MEETING DATES FOR 1989 The City Manager noted in planning the Council meeting dates for 1989 there was some problems when trying to avoid the holidays in November and December. He noted as required by the City's Charter the first meeting would be held on January 3 which is the first business day of the year. He added the City Council may want the Charter Commission to seek an amendment to allow the 11/21/88 -7- swearing in of new officials at the first regular Council meeting of the year. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the list of meeting dates for 1989. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Theis to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:16 p.m. City Clerk Ma r I 11/21/88 -8-