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HomeMy WebLinkAbout1985 03-25 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 MARCH 25, 1985 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:06 p.m. - ROLL CALL Mayor Dean Nyquist, Councilmembers Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Mr. Jim Thomson, representing the City Attorney's office, and Deputy City Clerk Tom Bublitz. Mayor Nyquist noted that Councilmember Lhotka was out of town and was excused from this evening's meeting. INVOCATION The invocation was offered by Father O'Connor of St. Alphonsus Catholic Church. 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 in the audience 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, and noted that item 10a should be removed from the Consent Agenda. APPROVAL OF MINUTES - FEBRUARY 25, 1985 There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the City Council meeting of February 25, 1985 as submitted. Voting in favor: Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. APPROVAL OF MINUTES - MARCH 11, 1985 There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the City Council meeting of March 11, 1985 as submitted. Voting in favor: Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS RESOLUTION NO. 85 -45 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1985 -D (POLICE DEPARTMENT REMODELING, PROJECT NO. 1985 -07, PHASE I) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 3 -25 -85 -1- LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: FOOD ESTABLISHMENT LICENSE American Bakeries 4215 69th Ave. N. Brook Park Baptist 4801 63rd Ave. N. Brooklyn Center Community Center 6301 Shingle Cr. Pkwy. Brooklyn Center High School 6500 Humboldt Ave. N. Chuck's Q. 1505 69th Ave. N. Cross of Glory Church 5929 Brooklyn Blvd. Dayton's Brookdale Center Denne's Market 6912 Brooklyn Blvd. Duke's Standard 6501 Humboldt Ave. N. Earle Brown Elementary School 5900 Humboldt Ave. N. House of Hui 6800 Humboldt Ave. N. Korean Presbryterian Church 6830 Quail Ave. N. McDonald's 5525 Xerxes Ave. N. Marc's Big Boy 5440 Brooklyn Blvd. Munch Box Snack Service 6840 -20 Shingle Cr. Pkwy. Nature Food Center Brookdale Center Northbrook Alliance Church 6240 Aldrich Ave. N. Northport Elementary School 5421 Brooklyn Blvd. Orange Julius Brookdale Center St. Alphonsus Church 7025 Halifax Ave. N. Sears, Roebuck & Co. Brookdale Center Winchell's Donut House 1912 57th Ave. N. GARBAGE & REFUSE HAULER'S LICENSE Fragrance Trucking 99 NW 99th Lane ITINERANT FOOD ESTABLISHMENT LICENSE Earle Brown PTA 5900 Humboldt Ave. N. MECHANICAL SYSTEMS LICENSE Care Air Conditioning & Heating 1211 Old Highway 8 Central Heating & Air Cond. 1971 Seneca Rd. Consolidated Plumbing & Heating 1530 E. Cliff Rd. Frank's Heating & Air Cond. 3107 California St. NE Golden Valley Heating & Air Cond. 5182 W. Broadway Hutton & Rowe, Inc. 2126 2nd Ave. N. Lloyd's Sheet Metal 6659 Vicksburg Ln. Maple Grove Heating & Air Cond. 240 Central Ave. Merit H.V.C. Inc. 530 W. 70th St. Pierce Refrigeration 1920 2nd Ave. S. SBS Mechanical, Inc. 7160 Madison Ave. W. Sheridan Sheet Metal Co. 4108 Quebec Ave. N. Stein's, Inc. 1420 W. 3rd Ave. Superior Contractors, Inc. 6121 42nd Ave. N. Fred Vogt & Co. 3260 Gorham Ave. Yale, Inc. 9649 Girard Ave. S. MOTOR VEHICLE DEALERSHIP LICENSE Iten Chevrolet 6701 Brooklyn Blvd. North Star Dodge 6800 Brooklyn Blvd. PERISHABLE VENDING MACHINE LICENSE Norcroftt, Inc. Rte. 1, Box 22 Brooklyn Center High School 6500 Humboldt Ave. N. 3 -25 -85 -2- RENTAL DWELLING LICENSE Initial: Invespro V Limited Partnership Unicorn Apts. Jean Beisner 6613 Xerxes Place Renewal: Miller Management Co. Willow Lane Apts. LuAnn Falenczykowski 6000 Abbott Ave. N. Boyer Palmer 6101 Beard Ave. N. C. C. Hogen 5030 Brooklyn Blvd. Curtis & Audrey Cady 6915 Brooklyn Blvd. Richard Olson 5818 Humboldt Ave. N. Nelson S. Gregg Co. 6715 & 6721 Humboldt Ave. N. William & Bonnie Shutte 6717 & 6719 Humboldt Ave. N. Roland Scherber 4714 Lakeview Ave. N. Len Riley 6812 Perry Ave. N. Joseph Veidel 7104 Unity Ave. N. Fred Beier 5300, 04 Vincent Ave. N. Raymond & Betty Anderson 7113 Willow Lane Mrs. Robert E. Schultz 4201 Winchester Lane Robert & Patricia Bobleter 4807 Wingard Place Catherine P. Shefeluk 3018 51st Ave. N. Ron Van Kempen 3213 67th Ave. N. Riley Hinschberger 2809 67th Lane Roger Williams 2913 67th Lane Young Ho Kang 1510 69th Ave. N. SIGN HANGER'S LICENSE Lawrence Sign Company 945 Pierce Butler Rte. LeRoy Signs, Inc. 6325 Welcome Ave. N. Suburban Lighting, Inc. 6077 Lake Elmo Ave. N. Universal Sign Company 1033 Thomas Ave. N. SWIMMING POOL LICENSE Brookdale Ten Apts. 53rd & Highway 100 Evergreen Park Apts. 7200 Camden Ave. N. Moorwood Townhomes 5809 Lake Curve Lane Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. PRESENTATION OF PUBLIC SERVICE AWARDS Mayor Nyquist presented plaques signifying recognition of public service to members of the Human Rights Commission and Park & Recreation Commission. Mayor Nyquist and the Council expressed their gratitude and appreciation to Jackie Albright, former member of the Park & Recreation Commission, Diane Lemke and Marvin Trautwein, former members of the Human Rights Commission. Mayor Nyquist presented the plaques to all three Commission members, and also noted that the'Council is recognizing Mr. Michael Streitz of the Park & Recreation Commission who could not be present at the meeting this evening. All of the Commission members retired from their respective Commissions on December 31, 1984. 3 -25 -85 -3- APPOINTMENT TO NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION Mayor Nyquist recommended to the Council that Ann Wallerstedt, 7001 Emerson Avenue North, be appointed to replace Dr. Duane Orn as the City's representative on the Northwest Hennepin Human Services Council Advisory Commission. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to appoint Ann Wallerstedt as the City's representative to the Northwest Hennepin Y P P Human Services Council Advisory Commission for a two year term expiring on December 31, 1986. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. PRESENTATION BY MINNESOTA POLLUTION CONTROL AGENCY REPRESENTATIVES REGARDING THE CLEANUP OF JOSLYN POLE YARD SITE The City Manager introduced Mr. Bob Dullinger and Mike Convery of the Minnesota Pollution Control Agency. Mr. Convery updated the Council on the agreement with Joslyn Manufacturing regarding the cleanup of the old pole yard site. He explained the agreement is a consent order and there is an obligation on the part of Joslyn to undertake a number of tasks regarding the cleanup of water in the area, including ground water and surface water. He explained the first step would be to survey and assess the contamination in the area. He noted the consent order has certain time lines, including completion of the investigation work by the summer of 1985, development of a methodology to provide cleanup during the next six to nine months, and the implementation of the cleanup is to begin in the fall of 1986. He pointed out the cleanup may be accomplished sooner than that. He emphasized that the consent order sets forth a definite time schedule with financial penalties built in if the schedule is not met. He explained that Joslyn must also submit a site safety plan in conjunction with the cleanup process for both residents in the area and workers working on the cleanup. In conclusion, he stated the Minnesota Pollution Control Agency staff will keep the City staff appraised of the process and will also solicit their input during the cleanup process. j Councilmember Hawes inquired if there was any dollar limit on the cleanup. Mr. Convery replied that there is no dollar limit and that the cleanup must accomplish whatever is necessary. He pointed out that Joslyn is a fairly sound company, financially speaking. Councilmember Theis inquired as to the potential extent of contamination. Mr. Convery replied that no limit has yet been determined but that contamination has extended east of Highway 100 into some private wells. He explained the depth of the contamination is not fully known and will be assessed by placing monitor wells in the area. Councilmember Theis then asked what the time schedule would be for remedial action. Mr. Convery replied that the elimination of contamination can take a considerable amount of time, and pointed out that pumping out the contaminated ground water to keep the contaminant from spreading is quite a slow process and may take decades. He pointed out that it took a long time to pollute the area and it will take a long time to clean up the area. Councilmember Scott inquired what would be done with the contaminated water in the area. Mr. Convery replied that the water could be treated with activated carbon, for example, then pumped back into the ground or put in the sanitary or storm sewer system. He added that he is not sure what will be done in this instance. With regard to the soil, he pointed out that moving the contaminated soil to another site 3 -25 -85 -4- may create problems of liability at the new location. He explained one possible solution is that the soil could be treated with natural microbes to eliminate the contamination and added that this is also a long process, not taking decades but at least several years. The Mayor and Council thanked Mr. Convery and Mr. Dullinger for explaining the cleanup process to the Council this evening. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Accepting Bid and Approving Contract 1985- C (Liquor Store No. 1 Remodeling Project No. 1985 -03). He explained the contract provides for the remodeling of the former Seven Eleven building at 69th Avenue and Humboldt Avenue North for use as Municipal Liquor Store No. 1 and it is recommended the bid of Fendler Company, in the amount of $134,500 be accepted. The Director of Public Works explained that since the resolution before the Council this evening was drafted the City has closed on the building and that the words "subject to the City obtaining title and possession of the property on which this improvement is proposed to be made" in paragraph No. 1 of the resolution should be deleted from the resolution. RESOLUTION NO. 85 -46 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1985 -C (LIQUOR STORE PROJECT NO. 1985 -03) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Accepting Bid and Approving Contract 1985- E (Diseased Shade Tree Removal Project No. 1985 -08). RESOLUTION NO. 85 -47 Councilmember Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1985 -E (DISEASED SHADE TREE REMOVAL PROJECT NO. 1985 -08) The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Bill Hawes. In discussion of the motion, Councilmember Theis inquired what provisions were being made to remove the diseased trees exceeding the estimated number in the contract. The Director of Public Works explained the contract requires the contractor to remove all diseased trees regardless of the total number. He explained that the specifications have been tightened regarding enforcement of tree removal and that if the trees are not taken down in time the bonding company is notified and another contractor will be used to remove the trees with the billing sent to the prime contractor.. Upon a vote being taken on the motion, the following voted in favor thereof: Dean Nyquist, Celia Scott, and Bill Hawes. The following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Councilmember Rich Theis abstained from voting on the resolution. 3 -?5 -85 -5- { f The City Manager introduced a Resolution Establishing City Hall /Community Center Landscaping Improvement Project No. 1984 -12, Phase III and Accepting Proposal for Construction Thereof. The Director of Public Works reviewed the gro osed landscaping plan which included I completion P P mpletion of landscaping P g areas around the City Hall and Community Center, including replanting the area around the fountain. He also explained the fountain would be replaced. He added that the landscaping provides the same general theme as the other phases in the landscaping plan with emphasis on the use of evergreens and shrubbery. RESOLUTION NO. 85 -48 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING CITY HALL/COMMUNITY CENTER LANDSCAPING IMPROVEMENT PROJECT NO. 1984 -12, PHASE III AND ACCEPTING PROPOSAL FOR CONSTRUCTION THEREOF The motion for the adoption of the foregoing resolution was duly seconded b member g g Y Y r e Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Amending the Personnel Reimbursement Policy Within the Brooklyn Center Employee Position Classification Plan. He explained the item addresses a recent IRS ruling which determines that any reimbursement which exceeds 20 1/2 cents per mile will be considered an allowance rather than a reimbursement and therefore will require extensive record keeping and reporting requirements. He pointed out that by reducing the mileage allowance by 1/2 cent the City and employees can avoid the cumbersome record keeping and reporting requirements in the IRS rules. RESOLUTION NO. 85 -49 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE PERSONNEL REIMBURSEMENT POLICY WITHIN THE BROOKLYN CENTER EMPLOYEE POSITION CLASSIFICATION PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ORDINANCES The City Manager introduced An Ordinance Amending Chapter 17 of the City Ordinances Regarding the use of sick leave, and explained that the ordinance would allow employees to use a limited number of sick leave days for the care of tr:eir children and /or spouse when they are ill. He explained the ordinance is offered for a first reading. He pointed out that the ordinance does not provide an additional four days of sick leave for employees but rather allows them to use four of their existing sick leave days per year for the care of ill children or spouses. 3 -25 -85 -6- Councilmember Theis inquired whether this ordinance would cover the situation where a child is home sick and can't go to day care, for example, where currently employees are using vacation to stay home with their sick child. The City Manager explained that this would be one of the major situations covered by the change and that it also covers an ill spouse. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve An Ordinance Amending Chapter 17 of the City Ordinances regarding use of sick leave for a first reading and to set the public hearing date on the ordinance amendment for April 22, 1985 at 8:00 p.m. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. RECESS The Brooklyn Center City Council recessed at 7:50 p.m. and reconvened at 8:06 p.m. ORDINANCES (CONTINUED) The City Manager introduced An Ordinance Vacating a Street Easement Over a Portion of Lot 2, Block 1 , Corner Addition and explained the ordinance was first read at the February 25, 1985 City Council meeting, published on March 14, 1985, and is offered for a second reading this evening. The ordinance provides for the vacation of a street easement within Corner Addition as required under the conditions of final plat approval. He explained Corner Addition is located at 63rd and Unity Avenue North. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Vacating a Street Easement Over a Portion of Lot 2, Block 1, Corner Addition and inquired if there was anyone in the audience who wished to speak at the public hearing. No one requested to speak and Mayor Nyquist 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 An Ordinance Vacating a Street Easement Over a Portion of Lot 2, Block 1, Corner Addition. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. ORDINANCE NO. 85 -05 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING A STREET EASEMENT ON THE NORTH 198 FEET OF THE EAST 112 OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 33, TOWNSHIP 119 NORTH, RANGE 21 WEST The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. The City Manager introduced An Ordinance Amending the Penalty Sections of the City Ordinances of Brooklyn Center to reflect the changes in Minnesota Statute. He explained the ordinance was first read at the February 25, 1985 City Council meeting, published on March 14, 1985, and is offered this evening for a second reading. The ordinance would bring the penalty sections in City ordinances in 3 -25 -85 -7- compliance with State Statute by prescribing a maximum fine of $700 or imprisonment for 90 days for an ordinance violation. The ordinance would stipulate that the penalty would include the costs of prosecution. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending the Penalty Sections of the City Ordinances of Brooklyn Center to Reflect the Changes in Minnesota Statute. He inquired if there was anyone present in the audience 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 Theis to close the public hearing on An Ordinance Amending the Penalty Sections of the City Ordinances of Brooklyn Center to Reflect the Changes in Minnesota Statute. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. Councilmember Theis inquired whether it would not be more efficient to have a penalty section which would address all ordinances rather than have the section in each individual ordinance. The City Manager explained that he has discussed this issue on several occasions with the City Attorney, and will again approach him on this issue. ORDINANCE NO. 85 -06 Member Rich Theis introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING THE PENALTY SECTIONS OF THE CITY ORDINANCES OF BROOKLYN CENTER TO REFLECT THE CHANGES IN MINNESOTA STATUTES The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Hawes to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. The Brooklyn Center City Council adjourned at 8:15 p.m. Deputy City Clerk Mayor i 3 -25 -85 -8-