HomeMy WebLinkAbout1982 03-08 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 8, 1982
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 and Rich
Theis. Also present were City Manager Gerald Splinter, Director of Public Works
Sy Knapp, Director of Finance Paul Holmlund, Director of Planning & Inspection
Ron Warren, Assistant City Engineer Jim Grube, City Attorney Richard Schieffer,
and Administrative Assistants' Brad Hoffman and Tom Bubltz.
INVOCATION
The invocation was offered by Pastor Arends from Brook Park Baptist Church.
OPEN FORUM
Mayor Nyquist noted the Council had received a request to use the Open Forum session
from Mr. Bernie Ackerson, 3713 -53rd Place. Mr. Ackerson inquired whether the City
could look into the possibility of placing a drive -up phone on the north side of
the civic center. He stated that he was also concerned that the steps inside the
social hall were a problem for senior citizens to negotiate.' He also inquired
whether the public address system in the civic center social hall has been improved.
He added that he has not visited the civic center for over a year.
The City Manager explained that the sound system in the social hall is not a high
quality system but that he has received only one complaint on the system. He
explained that the speakers `in the social hall were mounted higher on the wall
to improve the sound quality. He pointed out that after the speakers were rearranged
they were stolen shortly thereafter. Regarding the steps in -the social hall area,
the City Manager pointed out that the colors have been changed on the steps to
differentiate them from the rest of the carpeted area so'that they can more easily
be seen by senior citizens and other people negotiating the steps. He added that
no people have fallen on the steps that the City is aware of He added that the
City staff will look into the possibility of installing a drive -up phone on the
north side of the civic center area.
CONSENT AGENDA
Mayor Nyquist requested that the approval of the February 22, 1982 Council minutes
be removed from the consent agenda since Councilmember Lhotka was not present at
that meeting.
" APPROVAL OF MINUTES - FEBRUARY 22, 1982
There was a motion by Councilmember Scott and seconded by Councilmember Hawes to
approve the minutes of the City Council meeting of February 22, 1982 as submitted.
Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting
against: none. The motion passed. Councilmember Lhotka abstained from the vote
as he was not 'present at the February 22, 1982 meeting.
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RESOLUTIONS
RESOLUTION NO. 82 -40
Member Gene Lhotka introduced the following resolution and moved its adoptions`
RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM DISEASED SHADE TREE
REMOVAL CONTRACT 1982 -C
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, Gene Lhotka, 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. 82 -41
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE EQUITABLE LIFE
ASSURANCE SOCIETY OF THE UNITED STATES FOR RECONSTRUCTION OF THE 55TH'
AVENUE -, ACCESS TO THE
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, Gene Lhotka, 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. 82 -42
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION PROCLAIMING MARCH AS YOUTH ART MONTH IN BROOKLYN CENTER
The motion for"the adoption of;thho forego ing'resolution was duly seconded by .
member Celia Scott, and upon.'ote> being taken'thereon,`the following voted in
favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich
Theis; and the following voted L against 'the ` same: none, whereupon said resolution
was declared duly passed and adopted.
LICENSES °
There was a motion by Councilmember Lhotka and seconded by Councilmember Scott
to approve the following list of licenses:
FOOD ESTABLISHMENT LICENSE
Brookdale Assembly of God Church 6120 Xerxes Ave - N..:
Brooklyn Center A & W 6837 Brooklyn Blvd.
Brooklyn Center Community Center 6301 Shingle Cr. Pkwy.
Burger King 6110 Brooklyn Blvd.
Evergreen Park Elementary School 7020 Dupont Ave. N.
Faith Community Church of God 6630 Colfax Ave. N.
Bruce Leonard 2920 County Road 10
European Health Spa 2920 County Road 10
Rocky Rococo Brookdale Center
Servcmation Corp. 7490 Central Ave. * N.E.
Medtronics Earle Brown Drive
Medtronics Shingle Crk Pkwy.
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MECHANICAL SYSTEMS LICENSE
Air Comfort, Inc. 3944 Louisiana Circle
Cedar Valley Heating 4770 Nicols Road
C'entraire, Inc. 13025 Pioneer Trail
.,Farmer's Heating & Cooling, Inc. 656 W. 98th Street
Marsh Heating & Air Cond. 62.48 Lakeland Ave. N.
Midwest Heating & Air Cond. 9809 Valley Forge In.
Royalton Heating & Cooling Co. 4120 85th Ave. N.
Fred;Vogt & Co.. 3260 Gorham Ave.
NONPERISHABLE VENDING MACHINE LICENSE
F & M Savings Bank 5825 Xerxes Ave. N.
Northwest Vending Inc. 1401 Bliss In.
Whirltronics, 3401 48th Ave. N.
Servomation 7490 Central Ave. N.E.
Daytons's Brookdale Center
Donaldson's Brookdale Center
Graco 6820 Shingle Cr. Pkwy.
Medtronics 6120 Earle Br?. Dr.
Medtronics 6700 Shingle Cr. Pkwy.;
PERISHABLE VENDING MACHINE LICENSE
j Norcraft, Inc. Rte. 1, Box 222
Brooklyn Center High School ' 6500 Humboldt Ave. N.
Northwest Vending Inc. 1401 Bliss Lane
Whiritronics 3401 48th Ave. N.
Servomati.on 7490 :Central Ave. N.E.
Dayton's Brookdale Center
Donaldson's Brookdale Center
Graco 6820 Shingle Cr. Pkwy.
Medtronics 6120 Earle Br. Dr.
Medtronics 6700 Shingle Cr. Pkwy.
Onan Tech Center- 6120 Earle Br. Dr.
SPECIAL FOOD HANDLING ESTABLISHMENT LICENSE
Snyder Brothers Drug Brookdale Center
Voting in favors Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis.
Voting against: none. The motion passed unanimously.
PRESENTATION OF AWARD TO MS. DIANE LEMKE
Mayor Nyquist noted that this part of the meeting was one of the more pleasant
moments in the agenda and noted that the Council would like to present a Resolution
in Recognition of Diane's Achievement on Being Chosen One of the Ten Outstanding
Young Minnesotans by the Jaycees "-organization: Mayor Nyquist proceeded to read
the resolution and presented the resolution and plaque to Diane and noted that he
would also like to present her with the braille version of the resolution. The
braille version of the resolution was provided by the Communication Center at the
State Services for the Blind.
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Ms. Diane Lemke thanked the City for the plaque and resolution of recognition
and stated that she appreciated receiving the award from the City explaining that
r often times a person gets a lot of things from other people, but not often from
your own City.
APPOINTMENTS TO AIRPORT LIAISON COMMITTEE
Mayor Nyquist noted that Councilmember Hawes had contacted Mr. Ed Commers, 6206
Kyle Avenue North, regarding an appointment to the Airport Liaison Committee as
one of the City's citizen representatives. He added that he had contacted Mr.
William Killion, 5309 East Twin Lake Boulevard, as the second representative to
the committee. He added that he would recommend, to the Council that Mr. Ed Commer
and Mr. William Killion be appointed as the Brooklyn Center citizen representative:
to the Airport Liaison Committee.
There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to
confirm, Mayor Nyquist's appointment of Mr. William Killion and Mr. Ed Cozeners as
Brooklyn Center's citizen representatives to the Airport Liaison Committee. Voti
in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis., Voting
against: none. The motion passed unanimously.
Mayor Nyquist noted that he was also contacted by Mr. Chuck Nichols who expressed
an interest in becoming a member of the committee. The City Manager stated that
he would investigate the possibility of appointing Mr. Nichols as an alternate to
the committee.
APPOINTMENT TO PLANNING COMMISSION
Mayor Nyquist noted that Mr. Rich Hager has submitted his resignation from the
Planning Commission due to the fact that he is moving out of the City. Mayor
Nyquist stated he is recommending that Mr. Don Versteeg, 3206 Mumford Lane be
appointed to replace Rich Hager.
;There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to
appO nt,Mr. Don bersteeg to the Planning Commission to complete the term of Mr.
Richard Hager which expires on December`31, 1983. Voting in favor: Mayor Myqu st,
Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion.
passed unanimously.
. RESOLUTIONS CONTINUED
The City Manager introduced,a Resolution - Authorizing Execution of Agreement With
Gabbert and Beck for Improvement of the Xerxes Avenue Access to the Westbrook
Shopping Center. Councilmember Scott inquired whether the staff had discussed
an access on 56th with the representatives from Gabbert and Beck. The Director
of Public Works explained that the staff discussed several options with the
Westbrook Mall merchants and Gabbert and Beck but could reach no ;consensus with
the Westbrook Mall merchants. He added that one of the problems with the access
off 56th `would °be that it may violate some of the present lease agreements:in
the Westbrook Mall stores.
RESOLUTION NO. 82 -43
Member Celia Scott introduced the following resolution and awed its adoption:
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RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH GABBERT AND BECK FOR
IMPROVEMENT OF THE XERXES AVENUE ACCESS TO THE WESTBROOK SHOPPING CENTER
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, Gene Lhotka, Celia Scott, Bill Hawes, and Rich
Theis; and the following voted against the same: none, whereupon said resolution
was declared duly gassed and adopted.
The City Manager introduced a Resolution Authorizing Execution of an Agreement
Between the City of Brooklyn Center and Suburban Community Services. He explained
that the contract with Suburban Community Services is a joint venture among eight
northwest suburban communities to provide recreational programs for handicapped
individuals. "Councilmember Scott commented that she has received comments from
parents whose children have participated in the program explaining that they are
grateful for this program and believe-it is a good coordinated effort on the part
of the eight cities.
t
DISCUSSION ITEMS
PRELIMINARY REVIEW OF THE 1982 PUBLIC IMPROVEMENTS PROGRAM
The Director of Public Works explained that the projects he would review this
evening are projects proposed for construction during 1982 by virtue of requests
or petitions from property owners or developers, by inclusion into the five year
municipal state aid program, by inclusion into the capital improvements program,
or by inclusion in projects which are funded by state and or federal grants. He
added that the purpose of the review is to advise the City Council that the
Engineering Department is working on preliminary reports and designs covering
these projects and that the department invites any and all comments and direction
which the Council may wish to provide.
The Director of Public Works proceeded to review the 1982 proposed public improve -
ment projects which included Xerxes Avenue, 55th Avenue, 56th Avenue reconstruction,
street system development in the Evergreen Park area, neighborhood park improve
ments,- Palmer Lake improvements, trailway development, pedestrian bridge over
T.H. 100 between Lions Park and Brookdale Center, sidewalk construction through
the north Industrial Park, water main construction at various locations, street
light improvements, and civic center complex improvement.
council mber Hawes AsMd whethdr the plan for the sidewalk construction
through the north Industrial Park contemplated extending the sidewalk to Shingle
- Creek. • The Director of Public Works explained that the extension to Shingle Creek
was considered, but because of the activity in the north Industrial Park area the
staff believes that the ,safety of pedestrians could not be assured at this time
and -is therefore recommending extending the sidewalk only to Shingle Creek Parkway.
- Councilmember Lhotka requested the staff to provide the Council with 'a list of
future possible public improvement projects and to indicate how they would be
prioritized by the staff. The Director of Public Works stated that he could
- provide such a list_to_ the Council for their consideration and review.;:
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Councilmember Hawes inquired whether the ten public improvement projects which
the Director of Public Works just reviewed had been prioritized. The Director
of Public Works explained that the projects haft not been prioritized) and that as
the projects appear on the memorandum is no indication of how they would be
prioritized.
RECESS
The Brooklyn Center City Council recessed at 8:02 p.m. and reconvened at 8;40 p.m.
DISCUSSION ITEMS CONTINUED
PECC?A?TM!ENDATIONS FROM COMMUNITY DEVELOPMENT BLOCK GRANT ADVISORY COMMI TTEE
REEGAr, SING 1983 CGI MUNITY DEVELOPMENT PROGRAM ACTIVITIES
The City Manager indicated that the City will receive approximately $280,p00 in
Community Development Block Grant funds for 1983. He added that the Community
Development Block Grant Advisory Group and the City staff met and held a public
hearing on the Community Development Block Grant Program for 1983 on March 3,'
1982. He added that it is the recommendation of both the citizen advisory group
and the staff that the community development funds be appropriated for housing
rehabilitation,' contingency, and administration. He pointed out that the specific
dollar amounts would be $232,000 for housing rehabilitation, $28,000 for contingency,
and $20,000 for administration. He stated that the appropriation is recommended
because it will reserve the money for the City to use until new regulations are
available. He added that the new regulations are supposed to give local units of
government greater latitude in the use of community development funds and that it
is intended, by the. approval, of these appropriations, to submit an amended:applicat
in late spring when the regulations will be available. He added that the new
regulations may allow more flexibility, but until they are finalized the City
staff believes that the recommended appropriations are an appropriate use for
the Community Development funds.
There was a motion by Councilmember Scott and seconded by Councilmember Lhotka,,
to,adopt the recommendation of the Community Development Block Grant Advisory
Group and City staff regarding the use of Community Development Block Grant funds
for 1983.
D.W.I. REPORT
The City, Manager reviewed for Council members a memorandum from the chief of Police
regarding the disposition of D.W.I. cases for the year 1981. He pointed out that
during 1981, the Police Department arrested a total of 122 drivers for D.W.Z_'s._'
Of these, he pointed out, only six persons served any jail time- He stated that
in the opinion of local law enforcement agencies the courts are not dealing in a
very effective manner with D.W.I.'s. He added that the information regarding the
disposition of D.W.I. cases is difficult'to obtain fro m'the court system and that
it is almost impossible to gather accurate data due , to'the'way the county court
system keeps it's records.
Councilmember Lhotka inquired what the state legislature is proposing for changes
in D.W.I. laws. The City Attorney commented that the problem in Hennepin County:
is the huge case load, pointing out,'that'4 to 6 cases per day are scheduled but
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that it takes 2 days to try a case and therefore it is impossible to try all
cases that are scheduled and the pressure is to clear the caseload off the court
calendar." Councilmember Lhotka then inquired whether the staff is requesting
any Council action on this issue. The City Manager stated he would like to
propose that a resolution be drafted for Council consideration regarding the
collection of information from the county court system. Councilmember Scott
inquired whether the court costs could be assessed against the defendant in D.W.I.
cases: She added that when a fine is stayed the person gets off free, without
paying anything at all, including court costs. The City Attorney stated that
the staff could look into this but that he believes the court costs would probably
exceed the cost of the fine. He indicated that the state statutes neither say
that court costs can be recovered or that they cannot be assessed.
There was ;a motion by Councilmember Scott and seconded by Councilmember Hawes to
authorize the staff to prepare a resolution for Council consideration which would
stipulate the problems of obtaining accurate information on the disposition of
D.W.I. cases in Hennepin County and which would make the proper authorities aware
of the problems. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott,;
Hawes, and Theis. Voting against: none.- The motion passed unanimously.
HUMAN RIGHTS COMMISSION
Mayor Nyquist noted that he has received some communication from the Human Rights
Commission regarding the attendance record of an individual member. He reviewed
the.by -laws of the Human Rights Commission which stipulated that three unexcused
absences from consecutive regular meetings shall constitute grounds for the 'Commission
Chairman to recommend to the Mayor the removal of a member. Mayor Nyquist then
inquired of the City Attorney his recommendations regarding this situation. The
City Attorney stated that generally individuals are uncommissioned in the same
manner as they are commissioned. He added that he could look into the matter '.
further and report back with an opinion at a later date. Mayor Nyquist stated
that the Human Rights Commission has acted on this item and that he will have a,
recommendation for the Council at the next meeting regarding this matter.
ADJOURNMENT
There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to
adjourn the meeting. Voting in 'favor: Mayor Nyquist, Councilmembers Lhotka, Scott,
Hawes, and Theis. Voting against: none. The motion passed unanimously. The
Brooklyn Center Council adjourned at 9:04 p.m.
rk Mayor
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