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HomeMy WebLinkAbout1983 10-03 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 OCTOBER 3, 1983 CITY HALL CALL TO ORDER TFie B 3`61 y�enter City Council met in regular session and was called to order by Mayor. Dean Nyquist at 7:09 p.m. ROLL CALL Mayor Dean Fyquist, 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, City Attorney Richard Schieffer, Assistant City Engineer James Grube, and Administrative Assistant Tom Bublitz. Mayor Nyquist noted that Councilmember Gene Lhotka was out of town and was excused from this evening's meeting. 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 proceeded with the .regular agenda items. APPROVAL OF FINAL PLAT FOR RAMADA HOTEL There"vTas a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the Subdivision of Registered Land Survey No. 1564 (site of Ramada Hotel and adjacent property along Shingle Creek Parkway and Freeway Boulevard) Planning Commission Application No. 83046, subject to review and approval of an Abstract of Title or Registered Property Report by the City Attorney. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTION NO. 83 -149A 1em ear - Celia cot in roduced the following .resolution and moved its adoption: RESOLUTION APPROVING AND AUTHORIZING FX=. ION OF SUBDIVISION AGREFI!IENT FOR SUBDIVISION OF TRACT D, REGISTERED LAND SURVEY NO. 1564 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. Voting against the same: none, whereupon said resolution was declared duly'passed and adopted. PERFORIL4NCE BOND REDUCTIONS T ere iti s a moHi by ouncilmember Scott and seconded by Councilmember Hawes to approve the reduction of the performance bond for Show Biz Pizza, 5939 John Martin Drive, from $30,000 to $5,000. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the reduction of the letter of credit for Hi Crest Square Estates, Fremont Place, from $75,000 to $45,000• Voting in favor: Mayor Nyquist, Councilmembers 10 -3 -83 -1- II i Scott, Hawes, and Theis. Voting against: none. The motion passed. APPOINTMENT OF STANDBY EIF'CTION JUDGES There was a motion by Councilmember Scott and seconded by Council-member Hawes to approve the appointment of Arlene Kemp and Margaret Stellburg as standby election judges for the 1983 municipal election. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS ;SO UTIOTT N0. 83- 147 Zember elia —`cot introduced the following resolution and moved its adoption: I RESOLUTION ACCEPTING WORK PERFORMED UNDER? CONTRACT 1983 -G (BROOKDALE TRAILWAY IMPROVEMENT PROJECT NO. 1983 --08) 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. Voting against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 83 -148 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1982 -K ( FUEL DISPENSING CONTROL SYSTEM PROJECT NO. 1982 -23) 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. Voting against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 83 -149 Member Celia Scott introduced the following resolution and moved its adoption: j RESOLUTION ACCEPTING BID AND APPROVITTG CONTRACT 1983 -L (CENTRAL PARK TENNIS COURT IMPROVEMENT PROJECT NO. 1983 -12, 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. Voting against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 83 --150 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFOIUIFD UNDER CONTRACT 1983 -E (BROOKWOOD DEVFLOPMENT PROJECT NOS. 1983 -04 AID 1983 -05 AND SIDniALK IMPROVFI' PROJECT NO. 1983-06) 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. Voting against the same: none, whereupon said resolution was declared duly passed and adopted. 10 -3 -83 -2- RESOLUTIOT; PLO. 83 --151 Member. Rich ^heir introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1 TO CONTRACT 1982 -Q (WATER SUPPLY WELL NO. 9 IMPROVETH7 PROJECT NO. 1982 -30) 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. Voting against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTIONI NO. 83 -152 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1984 BUDGET 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. Voting against the same: none, whereupon said .resolution was declared duly passed and adopted. RESOLUTION NO. 83 -153 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION TO AUTHORIZE A TAX LEVY FOR 1984 BUDGET APPROPRIATIONS 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. Voting against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 83 -154 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING A ONE -THIRD MILL LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PURSUANT TO THE PROVISIONS OF MSA 462.411 THROUGH 462-711, OF THE HOUSING AND REDEVELOR AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 1984 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.. Voting against the same: none, whereupon said resolution was declared duly passed and adopted. The City Nanager introduced a Resolution Accepting Bid and Approving Agreement with Motorola for the Maintenance of the City's Radio Communication System. The City Manager explained that, in addition to the maintenance contract cost in the past, some of the City's older radio equipment was on a time and materials basis with .regard to maintenance and repair. He added that the units maintained on a time and materials basis were in addition to the contract cost. He pointed out that Air Comm would not give the City a maintenance contract on the older .radio equipment. After a brief discussion of the resolution by the Council, Councilmember Theis commented that even though the Motorola bid is more expensive, he believes it is justified since the company does have the experience and equipment to maintain the City's communication system. 10 -3 -83 -3- i 5 RESOLUTION NO. 83 -155 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING AGREEP'IENT WITH MOTOROLA FOR THE MAINTENANCE OF THE CITY'S RADIO COMMUNICATION SYSTEM The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes and upon vote being taken thereon g the following voted in favor thereof: P g 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 1983 General Fund Budget, Accepting Quotations and Authorizing Purchase and Installation of Scoreboards for the Central Park Softball Fields. ° In response to a question from Councilmember Theis, the City Manager stated that the appearance of the scoreboards is in keeping with the rest of the equipment in the park. He stated that the scoreboard will be wire controlled and pointed out that the remote control board is more expensive and is also more expensive to maintain and is less reliable. Councilmember Theis inquired whether the field would eventually need a football scoreboard. The City Manager stated that if the football program grows a board could be placed at Evergreen Park. He explained that attempts at combining softball and football fields have generally been unsuccessful. RESOLUTION NO. 83-156 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1983 GENERAL FUND BUDGET, ACCEPTING QUOTATIONS AND AUTHORIZING PURCHASE AND INSTALLATION OF SCORFBOARDS FOR THE CENTRAL PARK SOFTBALL FIELDS 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. The City Manager introduced a Resolution Transferring Funds from Council Contingency Account to the Fire Department Capital Outlay Account. The City Manager explained that the resolution would provide for the purchase of sonar equipment and additional diving equipment for the City's fire rescue personnel. Councilmember Scott inquired whether the sonar would be mounted on the fire department's rescue boat. The City Manager explained that the equipment can be moved but that it is best to be placed permanently on one boat. He added that it would be possible to purchase a second transducer for another boat. He added the sonar device is a graph type device and not the screen type display. He pointed out that, according to suppliers, the screens have proven not as reliable as the graphs. 10 -3 -83 -4- RESOLUTION, N0. 83 -157 Member Rich Theis introduced the following resolution and moved its adoption: R ,SOLUTIOT1 TRATIS­,FERRING FUNDS FROM COUNCIL CONTINGENCY ACCOUNT TO THE FIRE DEPARnIUllT CAPITAL OUTLAY ACCOUNT 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. RESOLUTION NO. 83 -158 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING COLLECTIVE BARGAINING AGREE TVT BETWEEN LAW ENFORCEMENT LABOR SERVICES LOCAL NO. 82 AND THE CITY OF BROOKLYN CENTER 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. DISCUS ITEMS PROPOSED REVISION TO CITY PARK ORDIlTANCE The City lanager explained that the proposed revisions to the City's park ordinance would authorize the City Manager to regulate certain activities in the City parks, and would also prohibit glass beverage containers and the deposit of garbage and litter in the parks. Councilmember Scott inquired whether signs would be erected to .reflect the changes so that visitors to the park could be made aware of the new .regulations. The City Manager replied that the present signs in the parks would be .revised to .reflect the changes. Councilmember Scott stated that her only concern with the changes was that adequate signing be provided in the parks. Councilmember Scott also noted that she had recently .received calls from residents in the Twin Lake beach area .regarding a request for more trash containers in the park: The City Manager stated that the staff was reviewing the entire Twin Beach area, including the addition of some items to the area, such as additional sodding. He added that he would review the trash container location and pointed out that past experience has been that trash containers are generally used when they are in a good location. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve for first .reading An Ordinance Amending Chapter 13 of the City Code of the City of Brooklyn Center by Regulating the Use of City Parks and Open Space and to set a public hearing for the ordinance for 8:00 p.m. on November 7, 1983. Voting in favor: Mayor Nyquist, Counc i lmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. PUBLIC HIPARING - CONT INUATION OF HEARING ON ASSFSSNI?T FOR STORM SFWFR IMPROVF= R JECT NO. 1980 -2.4 67TH AVFSVUE STOR14 SMIER n, , - SION The CIT 7 ages exp a Tat on e S December 2T; 17,1 the C ity Council continued the 10 -3 -83 -5- hearing for Brooklyn Center Development - Company, owner of Earle Brown Farm Apartments, upon receipt of a letter protesting the proposed assessment in the amount of $23,833.42 relating to the installation of storm sewer along the westerly extension of 67th Avenue from Shingle Creek to Shingle Creek Parkway. He added that the hearing was continued on September 26, 183 then continued again to this evening. The Director of Public Works explained that the City Attorney has negotiated a settlement with the property owner, and the owner has agreed to withdraw the objection to the assessment. He also pointed out that in the .resolution certifying the assessment the figure of $23,833.42 stated in the first paragraph should be corrected to read $23,933.42. Mayor Nyquist inquired if there was anyone present who wished to speak at the continuation of the public hearing. No one appeared to speak and he entertained a motion to.close the public hearing. ° There was a motion by Councilmember Scott and seconded by Councilmember Theis to close the public hearing on Assessment for Storm Sewer Improvement Project No.1980- 24 (67th Avenue Storm Sewer Extension). Voting in favor: Mayor Nyquist, Council-members Scott, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTION NO. 83 -159 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING ASSESSMENT OF STORM SEWER IMPROV.F MTT PROJECT NO. 1980 --2.4 AGAINST TRACT A, REGISTERED LAND SURVEY NO. 1382 TO THE HE 1TEPIN COUNTY TAX ROLLS 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. Councilmember Theis inquired as to the status of the Open Forum item at the last Council meeting regarding the sidewalk through the Earle Brown Estates Townhouses. The City Manager explained that the Townhouse Association met and voted to leave the sidewalk in its original location. ADJOURNMENT fihere 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 7:45 p.m. I II __. 4ayor 10- -3°-83 _6_