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Home My WebLink About1981 10-19 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 19, 1981 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 Tony Kuefler, Bill Fignar, and Gene Lhotka. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Planning £ Inspection Ron Warren, Director of Finance Paul Holmlund, Assistant City Engineer Jim Grube, City Attorney Richard Schieffer, and Administrative Assistant Tom Bublitz. INVOCATION The invocation was offered by Rev. Merritt of the Brooklyn Center Baptist Church. APPROVAL OF MINUTES - SEPTEMBER 28, 1981 There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to approve the minutes of the City Council meeting of September 28, 1981 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Fignar, and Lhotka. Voting against: none. The motion passed. Councilmember Kuefler abstained as he was not present at the September 28, 1981 meeting. OPEN FORUM Mayor Nyquist noted that the Council had not received any requests to use the Open Forum session this evening. He inquired of the audience if there was anyone present who wished to address the Council. There being none, he proceeded with the regular agenda items. FINAL PLAT APPROVAL - EARLE BROWN FARM ESTATES 2ND ADDITION There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to approve the final plat of the Earle Brown Farm Estates 2nd Addition (Planning Commission Application No. 81061) contingent upon approval of the Homeowners Association documents by the City Attorney. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed. PERFORMANCE BOND REDUCTIONS There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to authorize the reduction of the performance guarantee for Cass Screw Machine Products, 4748 France Avenue North from $25,000 to $3,000 and to authorize the reduction of the performance guarantee for Lutheran Church of the Master, 1200 - 69th Avenue North, from $30,000 to $5,000. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed. RESOLUTIONS RESOLUTION NO. 81 -204 Member Bill Fignar introduced the following resolution and moved its adoption: 10 -19 -81 -1- RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (IMPROVEMENT PROJECT NOS. 1981 -27 AND 1981 -28: CONTRACT 1981 -N) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Gene Lhotka; and { the following voted against the same: none, whereupon said resolution was declared i duly passed and adopted. RESOLUTION NO. 81 -205 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR CIVIC CENTER HANDICAP ENTRANCE The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. LICENSES There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to approve the following list of licenses: FOOD ESTABLISHMENT LICENSE Fisher Food Products 6800 Shingle Cr. Pkwy- ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Lions Club 6500 Humboldt Ave. N. Hennepin Technical Center 9000 77th Ave. N. i MECHANICAL SYSTEM'S LICENSE Able Mechanical Services 6717 83rd Place N. NONPERISHABLE VENDING MACHINE LICENSE Canteen Company of MN 6300 Penn Ave. S. Hennepin County Library 6125 Shingle Cr. Pkwy. OFF -SALT, LvViVIN'TOXICATING LIQUOR LICEi30SE Rog & Jim's 6912 Brooklyn Blvd. PERISHABLE VENDING MACHINE "LICENSE Canteen Company of MN 6300 Penn Ave. S. Hennepin County Library 6125 Shingle Cr. Pkwy.'` I a 10- 19 -81 -2- { i READILY PERISHABLE FOOD VEHICLE LICENSE Fisher Food Products 106 6th Ave. N. RENTAL DWELLING LICENSE Initial: William E. Goins 7013 Drew Ave...N. Daniel Gronseth 5306 Howe Lane John & Susan Byrnes 3019 63rd Ave. N. Dennis & Karen Peterson _ 4811 69th Ave. N. Renewal: / Donald P. Foster 5100 Brooklyn Blvd.. Wilfird & Lillian Hollenbeck 5406 Bryant Ave. N. Ralph C. Johnson 5440, 44 Bryant Ave. N. George Shimshock 5900 Colfax Ave. N. Dale C. Wegner 5935 Dupont Ave. N. Rafael Rocha 5324, 26 James Ave. N. Clifford Lane & Dorothy Ernst 6927 June Ave. N. Marilyn Dietrich & Thomas Schultz 6831 Toledo Ave. N. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed. Councilmember Scott arrived at 7:10 p.m. In discussion of the next agenda item, A Resolution Approving Supplemental Agreement No. 1 To Contract 1981 -E (Shingle Trailway Project), the Council reviewed video tapes of the bridge showing the vertical clearance under the bridge. The staff also presented slides showing the bridge clearance and reviewed the potential problems with the clearance. Councilmember Lhotka commented that lowering the trail appears to be a waste of dollars in this instance. RESOLUTION NO. 81 -206 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NUMBER 1 TO CONTRACT 1981 -E (SHINGLE CREEK TRAILWAY IMPROVEMENT PROJECT 1978 -42) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Celia Scott; and the following voted against the same: Gene Lhotka, whereupon said resolution was declared duly passed and adopted. PRESENTATION OF PEDESTRIAN SAFETY AWARD Ms. Theresa Stewart of the Minneapolis Automobile Association presented a Pedestrian Safety Award on behalf of the Minneapolis Automobile Association to Mayor Nyquist and Chief of Police James Lindsay. She stated this citation means that Brooklyn Center has gone one year without a pedestrian fatality and added that this is the sixth award Brooklyn Center has won. 10 -19 -81 -3- RESOLUTIONS CONTINUED 3 RESOLUTION NO. 81 -207 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NUMBER 1 TO CONTRACT 1981 -L {CENTRAL PARK/GARDEN } CITY TRAILWAY IMPROVEMENT PROJECT 1981 -15) jThe motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution e was declared duly passed and adopted. ($ RESOLUTION NO. 81 -208 Member Tony Kuefler introduced the following resolution and moved its adoption: A RESOLUTION RELATING TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; CALLING FOR A PUBLIC HEARING THEREON 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, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia 1 Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -209 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT FOR THE PURCHASE OF REAL ESTATE The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. AWARDING CONTRACT FOR 1981 AUDIT There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to award the 1981 independent audit of all City funds to Moen and Penttila Limited, Certified Public Accountants. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. RESOLUTIONS CONTINUED In discussion of the resolution certifying appraisal of value for pedestrians/ bikeway trail easements at Brookdale Shopping Center, the Director of Public Works stated a verbal agreement has been obtained from the owners, Equitable Life Insurance, owners of Brookdale and Sheehy Construction, owners of the Ground Round Restaurant. He proceeded to review a proposed location of the trailway through the Brookdale area and pointed out that federal and state regulations require that the appraised value for the easements be certified to the land-owners._ 10 -19 -81 -4- RESOLUTION NO. 81 -210 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING APPRAISAL VALUES FOR EASEMENTS FOR PEDESTRIAN /BICYCLE TRAILWAY The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same none, whereupon said resolution was declared duly passed and adopted. DISCUSSION ITEMS i SKATING RINKS - 1981 -82 SEASON The City Manager stated the Park & Recreation Commission has submitted recommendations for the City Council's consideration for the 1981 -82 skating season. He explained the recommendations of the Commission would be that in addition to opening and supervising the warming houses at Evergreen, Willow Lane, Garden City, Kylawn, Northport, Grandview, West Palmer, and Orchard Lane Parks that the warming houses at Bellvue, Brooklane, East Palmer, Fire House, Freeway, Lions, and Riverdale Parks be opened and supervised on Friday evenings from 4:00 p.m. to 9:00 p.m., Saturday from 1:00 p.m. to 9:00 p.m., Sunday from 1:00 p.m. to 6:00 p.m. and school vacation days from 1:00 p.m. to 9:00 p.m. during the 1981 -82 season. Additionally, he pointed out, the Park & Recreation Commission recommended that satellite toilet facilities be maintained at these locations for the 1981 -82 season and that the warming houses at Happy Hollow and Twin Beach Parks remain closed for the 1981 -82 season. RESOLUTION NO. 81 -211 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION REGARDING SKATING RINKS FOR THE 1981 -82 SEASON The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. REGULATION OF SNOWMOBILING IN CENTRAL PARK, SHINGLE CREEK TRAILWAY, AND PALMER LAKE NATURE AREA The City Manager stated the Park & Recreation and Conservation Commissions have reviewed snowmobiling regulations in Central Park, Shingle Creek Trailway, and Palmer Lake Nature area and that the Conservation Commission's recommendation was that the City of Brooklyn Park be contacted prior to any determination or recommendation on snowmobiling regulations. He stated that their request to contact Brooklyn Park was to determine whether or not Brooklyn Park permitted snowmobiling on their part of the Palmer Lake Basin: There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to adopt the recommendations of the Park & Recreation Commission and Conservation Commission i` w th e r gard to snowmobile regulations in Central Park, Shingle Creek Trailway, and the Palmer Lake nature area. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously.. 6 10 -19 -81 -5- ADJOURNMENT There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and.Scott. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:12 p.m. f. . n Cl rk Mayor b x k f S 10 -19 -81 -6-