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HomeMy WebLinkAbout1990 07-23 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 JULY 23, 1990 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:01 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Celia Scott, Todd Paulson, Jerry Pedlar, and Philip Cohen. 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, EDA Assistant Coordinator Tom Bublitz,`and Administrative Aide Patti Page. INVOCATION The invocation was offered by Councilmember Scott. OPEN FORUM Mayor Nyquist recognized Jim Bussa, 6718 Regent Avenue North. Mr. Bussa stated he had appeared before the Council at an open forum session in the spring of this year. He stated he is appearing again to present a petition which has been signed by the entire neighborhood regarding the conditions of the streets in the area of 68th Avenue and Quail Avenue, Regent Avenue, and Scott Avenue. He explained the streets were sealcoated in the fall of 1989 with a very coarse, sharp rock. He explained the rock is being thrown up into residents' yards, it is coming off the streets in large sections, and children and adults are being injured by the sharp rock. He stated the neighborhood has been patiently waiting for a solution from the City. He inquired who would be responsible for the medical bills being incurred if the street is not fixed. Mr. Bussa stated the parking lot at Willow Lane School was also sealcoated last year, but a different type material was used. He pointed out the sealcoating in the parking lot seems to be holding up real well, yet the parking lot receives more abuse than the City streets. The Director of Public Works stated he reviewed the situation very carefully after Mr. Bussa's last appearance at the City Council meeting. He noted a recommendation was forwarded to the City Council to use a different type of rock in 1990 and upcoming years for sealcoating. He noted he believes the peeling in this area is more pronounced than in other neighborhoods within the City. He agreed the size rock which was used in 1989 is larger than what is being used this year but noted the 1989 rock is commonly used throughout the metro area. He added the street does have a good oil seal on it but noted he could order the streets to be swept more frequently to remove the loose rock. He explained it would be very expensive to reseal or resurface this area. Councilmember Pedlar inquired why this area could be experiencing more peeling than other areas in the City. The Director of Public Works stated it could be 7/23/90 -1- due to a number of variables. Councilmember Pedlar inquired if there are other alternatives to resurfacing these streets. The Director of Public Works stated additional sweeping of the streets could provide more control of the loose rock or the sharpness of the existing rock could be covered up by repeating the sealcoating process. Councilmember Pedlar inquired when this neighborhood would be due for sealcoating again. The Director of Public Works stated it would be due in six years. The City Manager stated he felt it would be best to determine why the sealcoating process did not work well on the streets in this neighborhood when it is working well in other areas of the City. Mayor Nyquist inquired if the contractor has reviewed this issue. The Director of Public Works stated the contractor has been to the neighborhood and looked at the streets. He noted the sealcoating was applied in the latter half of August which is usually the best time to do sealcoating. He stated the contractor is not willing to admit any liability for the peeling and loose rock. Councilmember Cohen stated there seems to be a problem here that needs to be solved. He noted the City should fix the area if it is a faulty job. He noted he did not think it would be fair to expect the neighborhood to wait the normal rotation schedule to have the streets repaired. Councilmember Scott stated she did go up to this area, and she walked along the streets. She stated it is difficult to walk along the streets because of the sharp and uneven stones. She added she feels it is a disgrace to allow the neighborhood to look so poorly. She added she did walk on the surrounding streets and they are fine. She stated she feels the City owes it to these people to repair the streets, and this neighborhood deserves streets that are safe to be used. Mayor Nyquist stated he was also in the neighborhood after Mr. Bussa's last appearance at a Council meeting. He agreed with Councilmember Scott the streets did not look good. There was a motion by Councilmember Pedlar directing staff to correct the situation as soon as possible. The motion died for lack of a second. Mayor Nyquist stated he still believes there is some responsibility on the part of the contractor. Councilmember Cohen stated the City Manager is correct in noting staff must determine why the sealcoating is peeling in this area and not in other areas of the City. Mayor Nyquist recognized Vernon MacNamara, 6725 Quail Avenue North. Mr. MacNamara stated he watched the entire sealcoating process along his street. He noted less than 1/4" of oil was applied to the streets. He noted the rocks were larger than the quantity of oil laid down. He stated as the roller went over, it did not actually compress the stones into the prepared surface. He stated he asked one of the workers how much oil is usually used for that size of rock, and the worker told him generally 1" of oil is laid down. Mr. MacNamara added he has a 3' wide puddle in front of his driveway, and he feels the grading should be checked in this area. Mayor Nyquist noted a second open forum registration had been received from John Schumacher. He noted Mr. Schumacher had inquired whether Brooklyn Center had community development block grant funds and how they are used. The EDA Assistant Coordinator stated the majority of Community Development Block Grant 7/23/90 -2- (CDBG) funds are used for the housing rehabilitation grant program. He noted this program rehabilitates homes for low- income individuals and families. He noted some of the CDBG funding also goes towards acquisition of single - family homes which are beyond repair. He noted in this instance, the City would purchase the property, demolish the existing home, and resell the property for future development. He added in the past, CDBG funding has been used for updating park facilities and handicapped accessibility. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. No requests were made. APPROVAL OF MINUTES - JUNE 25. 1990 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the minutes of the June 25, 1990, City Council meeting. The motion passed unanimously. RESOLUTION NO. 90 -140 Member Celia Scott introduced the following resolutions and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED AND PROVIDING FOR HEARING ON PROPOSED ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1989 -08 (ALLEY PAVING, FREMONT /GIRARD, 55TH TO 57TH) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 90 -141 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED AND PROVIDING FOR HEARING ON PROPOSED ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1989 -15 (ALLEY PAVING, GIRARD /HUMBOLDT, 54TH TO 55TH) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION N0. 90-142 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED AND PROVIDING FOR HEARING ON PROPOSED ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1989 -16 (ALLEY PAVING, EMERSON / FREMONT, 53RD TO 54TH) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 90 -143 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED AND PROVIDING FOR HEARING ON PROPOSED ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1989 -17 (ALLEY PAVING, LAKEVIEW /TWIN 7/23/90 -3- . o j LAKE, LAKEBREEZE TO LAKESIDE) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 90 -144 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED FOR IMPROVEMENT PROJECT NOS. 1988 -24 (BROOKDALE SQUARE TRAFFIC SIGNALS) AND 1989 -19 (BROOKDALE SQUARE ENTRANCE ON- SITE IMPROVEMENTS) AND CERTIFYING LEVIES TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 90 -145 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED AND PROVIDING FOR HEARING ON PROPOSED ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1988 -18 (WEST RIVER ROAD FROM 66TH TO 73RD AVENUES) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 90 -146 J Member Celia Scott introduced the following resolution and moved its adoption: '1 RESOLUTION DECLARING COST TO BE ASSESSED AND PROVIDING FOR HEARING ON PROPOSED ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 1989 -26 (FREEWAY BOULEVARD /65TH /66TH AVENUES) AND 1989 -27 (HUMBOLDT AVENUE NORTH FROM 65TH TO 69TH AVENUES) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 90 -147 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR HEARING ON PROPOSED ASSESSMENTS FOR DISEASED SHADE TREE REMOVAL COSTS, PUBLIC UTILITY HOOKUP CHARGES, DELINQUENT PUBLIC UTILITY ACCOUNTS, AND DELINQUENT WEED REMOVAL COSTS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 90 -148 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES (ORDER NO. DST 07/23/90) The motion for the adoption of the foregoing resolution was duly seconded by 7/23/90 -4- member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 90 -149 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING THE ACHIEVEMENT OF MARY JANE SOKOLOWSKI - GUSTAFSON The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. I RESOLUTION NO. 90 -150 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PURCHASE OF A COMPUTER WORKSTATION AND ALLOCATING FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 90 -151 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SICK LEAVE AND VACATION BENEFITS FOR THE NEW APPRAISER II The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the following list of licenses: FOOD ESTABLISHMENT Price Candy Company 1200 Brookdale Center Trim 4 Life 6080 Shingle Ck. Pkwy. ITINERANT FOOD ESTABLISHMENT Brooklyn Center Fire Dept. 6301 Shingle Ck. Pkwy. Brooklyn Center Park & Rec. Dept. 6301 Shingle Ck. Pkwy._ RENTAL DWELLINGS Initial: Gregory M. Olson 4006 65th Ave. N. Hazel & Ivan Vetterick 4010 65th Ave. N. Jagdish Trivedi /Bruce Kruger 5500 Bryant Ave. N. Alan Joslin 5700 Colfax Ave. N. Virginia Larson 7216 Riverdale Road Renewal: Richard T. Stallman 1215 54th Ave. N. Tim & Wendy Romashko 3300 64th Ave. N. ROI Properties, Inc. 7109, 7113 Unity Ave. N. SIGN HANGER 7/23/90 -5- Attracta Sign Company 7420 West Lake Street The motion passed unanimously. PRESENTATION - BROOKLYN CENTER HOUSING IMPLEMENTATION PLAN The EDA Assistant Coordinator explained the Housing Commission has spent many months on a housing study. He then recognized Nick Eoloff, chairperson for the Housing Commission. Mr. Eoloff briefly introduced each of the Housing Commission members to the City Council. The EDA Assistant Coordinator stated he was aware the City Council had reviewed the full report prior to this evening's meeting. He noted implementation of this plan will require coordination of a number of people. He stated he would recommend further review of the plan at the staff level so a work plan can be developed. Councilmember Cohen noted the Housing Commission is committed to the Maxfield Report recommendations and the implementation plan is prepared by Mr. Gene Ranieri. He noted the study gives the City and the Housing Commission a blueprint for future use. Councilmember Paulson questioned why the additional paragraph had been added regarding review of the zoning ordinance as it pertains to the maximum limits for three -and four- bedroom units. The EDA Assistant Coordinator stated this additional paragraph had recently been discussed and added. Councilmember Paulson stated he did not feel it should be a part of the implementation plan. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to delete the paragraph pertaining to the ordinance provisions for the maximum number of three -and four - bedroom units within multifamily developments. The motion passed unanimously. RESOLUTION NO. 90 -152 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING RECOMMENDATION OF THE BROOKLYN CENTER HOUSING COMMISSION AND ADOPTING THE BROOKLYN CENTER HOUSING IMPLEMENTATION PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. MAYORAL APPOINTMENT - DRUG AWARENESS COMMISSION There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson to appoint Jody Brandvold to the Drug wareness Commission. The motion passed g p d unanimously. MAYORAL APPOINTMENT - HOUSING COMMISSION There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson to appoint Jon Perkins to the Brooklyn Center Housing Commission. The motion passed unanimously. APPROVAL OF MINUTES - JULY 9 1990 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Paulson to approve the minutes of the July 9, 1990, City Council meeting. The motion passed. Councilmember Pedlar abstained from the vote as he was not present at this meeting. 7/23/90 -6- PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO 90017 SUBMITTED BY L A BEISNER REQUESTING PRELIMINARY PLAT APPROVAL TO RESUBDIVIDE TWO LOTS SOUTH OF JAMES CIRCLE NORTH AND WEST OF HIGHWAY 100 /HUMBOLDT AVENUE NORTH TO ALLOW FOR A LARGER SITE FOR THE PROPOSED OLIVE GARDEN RESTAURANT AND PLANNING COMMISSION APPLICATION NO. 90018 SUBMITTED BY GENERAL MILLS RESTAURANT INC. REQUESTING SITE AND BUILDING PLAN TO CONSTRUCT A 9,100 SQUARE FOOT 330 SEAT OLIVE GARDEN RESTAURANT ON VACANT C2 ZONED LAND SOUTH OF JAMES CIRCLE NORTH, SOUTHWEST OF THE DAYS INN The City Manager noted both applications were recommended for approval by the Planning Commission at its July 12, 1990, meeting. The Director of Planning and Inspection referred the Mayor and Councilmembers to pages one through four of the July 12, 1990, minutes and the information sheet. He noted a public hearing has been scheduled for Planning Commission Application No. 90017, but a public hearing is not required for Planning Commission Application No. 90018. He noted the first application would enlarge the site for the proposed Olive Garden Restaurant. He then went on to briefly review the site and landscape plans for the restaurant. The Director of Planning and Inspection stated the Planning Commission recommended approval of Planning Commission Application No. 90017 subject to three conditions which he briefly reviewed for the Council. He noted the Planning Commission also recommended approval of Planning Commission Application No. 90018 subject to 12 conditions which he reviewed for the Council. Councilmember Scott noted on the site plan it appears there is not a lot of room for driving lanes in the parking lot. The Director of Planning and Inspection reviewed the site plan again and noted there is a minimum of 24' required for two -way traffic. He noted this site plan comprehends two -way traffic. Councilmember Cohen inquired about the maximum depth of the storm water retention pond. The Director of Planning and Inspection stated it would be 9'. The Director of Public Works stated the storm water retention pond has a 3 to 1 slope which would prevent people from slipping or falling into the pond. Councilmember Cohen stated he is concerned the Council is approving an attractive nuisance for children. He inquired if the City could require a fence for this area. The Director of Planning and Inspection explained the Planning Commission did discuss this factor and noted by developing the storm water retention pond as proposed, it would be doing it as aesthetically pleasing and safely as possible. He noted years ago staff did investigate these retention ponds and noted the staff report found fencing is not necessary in these areas. The City Manager stated he once worked in a community where a fence around a retention pond actually caused the death of a child because rescue personnel and other people could not get into the area fast enough to save the child. Councilmember Cohen inquired who would pay for the retention pond. The City Manager stated either the property owner or developer pays for the pond. Councilmember Cohen stated he believes this is an issue that should be discussed at a future date. Councilmember Paulson inquired if it would be possible to have outdoor seating 7/23/90 -7- at this restaurant. The Director of Planning and Inspection stated additional seating would require additional parking. He noted the area would also need to be screened and staff would have to review a new set of plans for outdoor seating. He explained basically City ordinances prohibit outdoor seating of any type because of the screening policy. Councilmember Paulson stated he would like to see a review of this policy. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 90017. He noted there was a typographical error in the legal publication but he would rule it was not significant. He inquired if there was anyone present who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to close the public hearing on Planning Commission Application No. 90017. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve Planning ning Commission Application No. 90017 subject to the e followin J g conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The applicant shall dedicate a 20' wide drainage and utility easement over the City watermain under the northeast corner of Lot 2 prior to release of the final plat for filing at the County. The motion passed unanimously. There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen to approve Planning Commission Application No. 90018 subject to the following conditions: 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 prior to the issuance of permits. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central 7/23/90 -8- 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. 9. The applicant 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. A fire hydrant shall be provided to serve the site as required by the Fire Chief. 12. The replat of the property shall receive final approval and be filed at the County prior to the issuance of permits. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:45 p.m. and reconvened at 8:53 p.m. PLANNING COMMISSION APPLICATION NO 90019 SUBMITTED BY JOE KORMAN REQUESTING PRELIMINARY PLAT APPROVAL TO SUBDIVIDE INTO TWO LOTS THE PROPERTY AT 5321 MORGAN AVENUE NORTH AND PLANNING COMMISSION APPLICATION NO 90020 SUBMITTED BY JOE KORMAN REOUESTING VARIANCE APPROVAL TO ALLOW TWO SINGLE - FAMILY LOTS IN THE R2 ZONE WITH A WIDTH OF APPROXIMATELY 57.5' AT THE PROPERTY OF 5321 MORGAN AVENUE NORTH The City Manager noted both applications were recommended for approval by the Planning Commission at the July 12, 1990, meeting. The Director of Planning and Inspection referred the Mayor and Councilmembers to pages five through seven of the July 12, 1990, minutes and information sheet. He briefly reviewed each application and noted a public hearing has been scheduled for both applications. He noted the Planning Commission recommended approval of Planning Commission Application No. 90019 subject to seven conditions which he reviewed for the Council. He added the Planning Commission also recommended approval of Planning Commission Application No. 90020 subject to five conditions which he then reviewed for the Council. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning 7/23/90 -9- Commission Application Nos. 90019 and 90020. He inquired if there was anyone present who wished to address the Council. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to close the public hearing on Planning Commission Application Nos. 90019 and 90020. The motion passed unanimously. Councilmember Cohen inquired if it was necessary to note in the findings that the standards for a variance have been met. The City Attorney stated after review of the case, the courts would infer the Council did, in fact, review the request and make the appropriate findings. Councilmember Cohen stated he would be more comfortable if the language contained in the findings and conditions were changed. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to approve Planning Commission Application No. 90020 based on the following findings and conditions: 1. The standards for a variance as set forth in Section 35 -240 and Section 15- 112 have been met. 2. Two of three (depth and area) lot requirements are met in this case. 3. No setback deficiencies will result from the proposed subdivision. 4. The proposal is reasonable and creates no unorthodoxed arrangements. 5. The existing detached garage on the proposed southerly lot shall be relocated off the southerly lot prior to the release of the final plat for filing at the County. 6. No other variances are implied by the granting of this variance. The motion passed unanimously. y There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve Planning Commission Application No. 90019 subject to the following conditions: 1. The final plat is subject to review and approval by the City'Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The existing garage shall be relocated off the proposed Lot 2 prior to release of the plat for filing at the County. 4. The applicant shall enter into an agreement for the payment of utility hook -up charges to be assessed to Lot 2 prior to release of the plat for filing. 7/23/90 -10- 5. Approval of the subdivision is subject to approval of variance Application No. 90020. 6. The plat shall be modified, prior to final plat approval to indicate a 5' wide drainage and utility easement along the rear of both Lots 1 and 2. 7. No building permit for a new dwelling or garage on the proposed Lot 2 shall be issued until the plat has received final approval and been filed at the County. The motion passed unanimously. ORDINANCE The City Manager presented An Ordinance Amending Chapter 34 of the City Ordinances Regarding Political Signs. He noted this item is offered this evening for a first reading. He added this ordinance amendment will eliminate the conflict between the City's ordinances and the current State law. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to approve for first reading An Ordinance Amending Chapter 34 of the City Ordinances Regarding Political Signs and scheduling a public hearing for August 27, 1990, at 7:30 p.m. The motion passed unanimously. CONSIDERATION OF SPECIFIED LICENSE - 6525 27 29 WILLOW LANE The Director of Planning and Inspection stated the housing inspector reports the complex is in substantial compliance with the housing maintenance and occupancy ordinance particularly as it relates to the common areas at the complex. He stated he is recommending the rental license be renewed for the two -year period beginning August 1, 1990, to expire on July 31, 1992, with the condition the remaining unoccupied dwelling units be allowed to be occupied only after an inspection by the housing inspector of each of these units. Councilmember Pedlar inquired if the fire alarms have been certified by the fire chief. The Director of Planning and Inspection stated he has talked with the fire chief regarding this issue. Councilmember Paulson inquired if all the units have been inspected. The Director of Planning and Inspection stated all the empty units have been inspected. Councilmember Pedlar asked if the City could continue to monitor this establishment and pull the rental dwelling license the need arises. The City Manager responded affirmatively. There was a motion by Councilmember Scott and seconded by Councilmember Cohen approving the rental dwelling license for the properties located at 6525, 27, 29, Willow Lane for a two -year period beginning August 1, 1990, and expiring on July 31, 1992. The motion passed unanimously. TEMPORARY ON -SALE INTOXICATING LIQUOR LICENSE - ST ALPHONSUS CHURCH The City Manager noted this application is for the church's annual fun fair. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to approve a three -day temporary on -sale intoxicating liquor license for St. Alphonsus Catholic Church. The motion passed unanimously. DISCUSSION ITEMS 7/23/90 -11- INSTALLATION OF SIDEWALK ON 73RD AVENUE NORTH BETWEEN HUMBOLDT AVENUE AND T.H. 252 The City Manager stated last summer the City received a number of requests for installation of a sidewalk on 73rd Avenue between Humboldt Avenue and T.H. 252. He stated after discussions with Brooklyn Park city administrators, a questionnaire was developed and copies were sent to the 52 property owners in Brooklyn Park and the 181 properties owners in Brooklyn Center. The Director of Public Works stated there is substantial support of the property owners for this sidewalk. He stated the recommendation is to install the sidewalk on the north side of 73rd Avenue. He noted there are less obstructions in this area and by installing the sidewalk on the north side of the street, it would stay dryer during the winter because the sun would be able to melt the snow and ice away. He stated staff is asking the Council to tentatively approve an 'agreement with the City of Brooklyn Park noting under this agreement Brooklyn Center would install the sidewalk and Brooklyn Park would maintain it and eventually replace the sidewalk. He noted Brooklyn Center does not have any indication of what the Brooklyn Park City Council is willing to do. Councilmember Paulson asked the Director of Public Works to review the breakdown of the Brooklyn Center residents who are in favor of sidewalk installation in Brooklyn Park. The Director of Public Works briefly reviewed the summary of responses which was prepared from the questionnaire. Councilmember Paulson inquired if the City has ever installed a sidewalk or any other improvement in another city. The Director of Public Works responded negatively. The City Manager stated he has seen this type of project completed in other communities. The Director of Public Works stated the major reason for making this recommendation is to make the installation more palatable to the residents of Brooklyn Center. Councilmember Paulson stated he felt the costs should be more equitable, and it should be split between the two cities. Councilmember Pedlar stated he does not understand why Brooklyn Center would want to pay for a sidewalk that would be within another city's limits. Councilmember Cohen stated it appears it is either going to be installed as recommended or it will not be done at all. Councilmember Paulson inquired if it would be possible to put a maximum dollar figure on the cost the City would be willing to pay. The City Manager stated this agreement is authorizing the City staff to make an offer to the City of Brooklyn Park and execute the agreement if Brooklyn Park approves. The Director of Public Works stated he would agree to putting a dollar limit on the improvement. Councilmember Paulson inquired if the City could pay three quarters of the estimate, and Brooklyn Park could pay the rest. The City Manager stated Brooklyn Park does not have the funding to install this improvement. He noted either Brooklyn Center installs and pays for this improvement or it will not be done. Councilmember Paulson stated he would like to put a maximum dollar amount of $35,000 on the improvement. RESOLUTION NO. 90 -153 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING SIDEWALK IMPROVEMENT PROJECT NO. 1989 -22, ON 73RD AVENUE NORTH FROM HUMBOLDT AVENUE TO T.H. 252, AND PROPOSING COST SHARING AGREEMENT TO 7/23/90 -12- THE CITY OF BROOKLYN PARK The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed. Councilmembers Paulson and Pedlar were opposed. REPORT REGARDING MALFUNCTIONS AT WELL NO. 5 AND AT WELL NO. 8 The City Manager stated within the past two weeks well No. 5 and well No. 8 have both experienced serious malfunctions. The Director of Public Works explained at well No. 5 the pump shaft was sheared off near the pump and the pump mechanism fell into the bottom of the well cavity. He noted in order to investigate the problem, it was necessary to hire a contractor on an emergency basis to disassemble the well and examine the damage. He stated it is estimated this well can be returned to service by August 1, 1990. He added this well was scheduled for routine inspection and maintenance in 1991, in accordance with the City's established six -year operating and maintenance program. He stated staff authorized the work to be completed for this routine inspection and maintenance as long as other work was already being done on this well. The Director of Public Works noted during 1988 well No. 8 experienced serious problems. He noted the types of problems that have been experienced at this well are very rare, and the correct solution is very unclear at this time. He noted there is also some question as to whether there is a cost effective solution for this well. He stated staff would like to take the time to fully analyze this well and to evaluate all alternatives. RESOLUTION NO. 90 -154 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1990 -18, REPAIRS TO WELL NO. 5, AND APPROVING CONTRACT FOR EMERGENCY REPAIRS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9 :46 p.m. City Clerk Mayor 7/23/90 -13-