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HomeMy WebLinkAbout1989 06-26 CCM Regular Session I 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 JUNE 26, 1989 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 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, City Attorney Charlie LeFevere, Assistant Finance Director Charlie Hansen, HRG Administrator Tom Bublitz, Personnel Coordinator Geralyn Barone, and Administrative Aide Patti Page. INVOCATION The invocation was offered by Ted Willard of the Brooklyn Center Prayer Breakfast Committee. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. Councilmember Paulson requested item 10d be removed. PERFORMANCE BOND RELEASE - HOLIDAY INN 2200 FREEWAY BOULEVARD There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to release the performance bond for Holiday Inn, 2200 Freeway Boulevard. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 89 -118 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING_ BID AND AWARDING CONTRACT FOR 1989 SEALCOATING PROGRAM PROJECT NO. 1989-09, 1989 -C The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO 89 -119 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1989 GENERAL FUND BUDGET AND AUTHORIZING PURCHASE OF A LASERJET PRINTER FOR ENGINEERING DIVISION The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. 6/26/89 -1- RESOLUTION NO. 89 -120 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION MAKING NEGATIVE DECLARATION ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT (EIS) FOR WEST RIVER ROAD BETWEEN INTERSTATE HIGHWAY 694 AND 73RD AVENUE NORTH (BROOKLYN CENTER IMPROVEMENT PROJECT NO. 1988 -18) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 89 -121 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING RATES FOR RECYCLING SERVICES AND RECYCLING CONTAINER CHARGE FOR THE CITY OF BROOKLYN CENTER'S CURBSIDE RECYCLING PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO 89 -122 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE DOMESTIC ASSAULT INTERVENTION PROJECT 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: AMUSEMENT DEVICE - OPERATOR Brookdale East Cinema 5801 John Martin Drive Days Inn 1501 Freeway Boulevard Ground Round, Inc. 2545 County Road 10 Holiday Inn 2200 Freeway Boulevard La Casita Restaurant 2101 Freeway Boulevard Snyder Brothers Drug #18 1296 Brookdale Center T. Wright's 5800 Shingle Creek Pkwy. AMUSEMENT DEVICE - VENDOR D.V.M. Inc. d /b /a Dahlco 119 State Street Theisen Vending Co. 3804 Nicollet Ave. N. ITINERANT FOOD ESTABLISHMENT St. Alphonsus Fun Fair 7025 Halifax Ave. N. MECHANICAL SYSTEMS Blaine Heating, Air Cond. & Electric 13562 Central Ave. NE Erickson Heating & A/C 8823 Zealand Ave. N. Midwest Equipment Co., Inc. 300 West University 6/26/89 -2- t I i Preferred Mechanical Services, Inc. 712 W. 77 1/2 St. T. G. S. Mechanical Inc. 50 Choctaw Circle RENTAL DWELLINGS Initial: Vinh & Ha Ly 6007 Brooklyn Blvd. Kathleen Matt 5621 Camden Ave. N. Jim Johnson 4201 Lakeside Ave. #216 James L. Erland 4207 Lakeside Ave. #223 William & Nancy Dahlquist 4700 -04 Lakeview Ave. N. Neil & Susan Grindheim 801 Woodbine Lane Capital Property Management 3506 Woodbine Lane Renewal: Lang- Nelson Associates Chalet Court Apts. Sheehy Management Company Shingle Creek Tower Irvin & Ruth Schloff 4819 Azelia Ave. N. Howard & Harriet Oien 5809 Brooklyn Blvd. Douglas & Kathleen Williams 5107 Drew Ave. N. Carlin Shefveland 5308 Emerson Ave. N. B. F. Dabrowski 5001 Ewing Ave. N. Michael L. Goodwin 5134 Ewing Ave. N. James & Agatha Eckman 5350 Irving Ave. N. Randy Elam 4200 Lakebreeze Ave. N. James & Bobbie Simons 4210 Lakebreeze Ave. N. Michael & Jane Danielson 4216 Lakebreeze Ave. N: John & Elizabeth Hass 4201 Lakeside Ave. #306 Joseph A. McFadden 4201 Lakeside Ave. #316 Thomas W. Kotila 5430 Morgan Ave. N. Tracy Rice 6907 Morgan Ave. N. Norwest Bank Minnesota 7002 Quail Circle W. Richard & Elfreda Ploof 5319 Queen Ave. N. Robert Baltuff 5930 Xerxes Ave. N. Agnes L. Janssen 1425 55th Ave. N. Bobby & Sally Robson 1107 57th Ave. N. Edward Doll 1201 57th Ave. N. Merle G. Biggs 3910 65th Ave. N. Joseph & Madeleine Roche 824 69th Ave. N. Dennis & Karen Peterson 4811 69th Ave. N. Myrna L. Hubert 5300 70th Circle N. The motion passed unanimously. OPEN FORUM Mayor Nyquist noted he had received a request from Jean Hammerlund, 6437 Unity Avenue North. Ms. Hammerlund stated she was present this evening to discuss the proposed route change for the 5D MTC bus. She turned in a petition signed by the neighborhood and stated she is concerned that the street would not withstand the extra traffic if the bus were rerouted. The Director of Planning and Inspection entered the meeting at 7:07 p.m. 6/26/89 -3- The City Manager stated since the time that MTC made its route changes known to the neighborhood, they have met with members of the staff and have changed the proposed routes again. He noted these new route changes would mean even less traffic on Unity Avenue North & 65th Avenue North than there is currently running on these streets. The HRG Administrator left the meeting at 7:14 p.m. PRESENTATION - FRED PETERSON PEACEMAKER CENTER Mayor Nyquist briefly outlined the history of the Peacemaker Center noting it was approximately five years old. He then recognized Fred Peterson. Mr. Peterson spoke briefly regarding the issues the Peacemaker Center deals with and noted they work with youth and families at risk. He explained there are ten members on the board for the Peacemaker Center and went on to explain how the board envisions the program operating. He explained the board would like to form diagnostic teams which would include such people as clinical social workers, school representatives, practicing psychotherapists, members of the police department, and special interest /issues people. The City Attorney entered the meeting at 7:28 p.m. Councilmember Cohen inquired if the Peacemaker Center is seeking the Council's support. Mayor Nyquist stated he had asked Mr. Peterson to speak this evening to update the Council on what is happening with the Peacemaker Center and noted if any of the Council has any misgivings regarding the Peacemaker Center and the program, he would like to hear their feelings now. Councilmember Cohen stated he feels the past program has been very productive and felt since the program was used as a part of the All- America City application, the City should continue its support of the program. PRESENTATION - ANNUAL AUDITED FINANCIAL REPORT The City Manager noted Ed Robinson and Randy Mattson of Deloitte, Haskins & Sells are present this evening to speak regarding the annual audit. Mr. Robinson stated the annual audit went quite well and noted nothing came to the attention of the auditors that would cast doubt upon the procedures or staff of the City of Brooklyn Center. He noted it is his firm's responsibility to test the financial statements and express their opinion on these statements. Mr. Mattson briefly reviewed a few of the reports which were completed following the audit and explained a few of the recommendations which were made. He noted overall the changes which were recommended were housekeeping type recommendations. The Finance Director stated he has reviewed the reports with representatives of Deloitte, Haskins & Sells and noted staff will be coming back with a more detailed report during the budgeting session. He stated he would like to recognize the Assistant Finance Director for his work in preparing the financial audit. MAYORAL APPOINTMENT There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to appoint Ms. Molly Malecki as Chairperson to the Planning Commission. The motion passed unanimously. 6/26/89 -4- k i APPROVAL OF MINUTES - JUNE 1 1989 - STRATEGIC PLANNING SESSION There was a motion by Councilmember Scott and seconded by Councilmember Paulson to approve the minutes of the June 1, 1989, meeting. The motion passed unanimously. APPROVAL OF MINUTES - JUNE 12 1989 - REGULAR SESSION There was a motion by Councilmember Cohen and seconded by Councilmember Paulson to approve the minutes of the June 12, 1989, City Council meeting. The motion passed. Councilmembers Scott and Pedlar abstained from the vote. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Approving Proposed Cost Distribution for Twin Lakes /Ryan Lake Outlet Modifications. The Director of Public Works briefly reviewed the flood plain area surrounding Twin Lakes /Ryan Lake. He noted the engineering study describes a system of improvements that can be made which will: 1. Somewhat lower the maximum high water level in these lakes. 2. Substantially reduce the length of time during which the lake levels remain high following a heavy runoff. 3. Maintain the same "run -out elevation" to assure that the lake levels during normal and dry periods are no lower than they are with the present outfall system. The Director of Public Works explained the total cost of the project is $154,600. He noted of that total, $153,900 is to be apportioned to the six cities within that branch of the watershed. He noted those cities are Brooklyn Center, Brooklyn Park, Crystal, Minneapolis, New Hope, and Robbinsdale. He stated the City of Brooklyn Center would also pay an additional $700 for construction of the proposed weir at France Avenue North because this is a local improvement which benefits the City of Brooklyn Center. He explained this would be a 1990 improvement. RESOLUTION NO. 89 -123 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PROPOSED COST DISTRIBUTION FOR TWIN LAKES /RYAN LAKE OUTLET MODIFICATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. The City Manager presented a Resolution Declaring a Public Nuisance and Ordering the Removal of Shade Trees (Order No. DST 06/26/89). Councilmember Paulson inquired what process is used to notify people that the cost of the tree removal will be taken from special assessments. The Director of Public Works briefly reviewed the process which is used for ordering tree removal and assessing the costs. A, RESOLUTION NO 89 -124 Member Todd Paulson introduced the following resolution and moved its adoption: 6/26/89 -5- RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF SHADE TREES (ORDER NO. DST 06/26/89) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The City Manager presented a Resolution Authorizing the Mayor and City Manager to Execute a Joint Powers Agreement to Form the North Metro Mayors Association (NMMA). He explained this resolution, and the one which follows it on the agenda, make minor housekeeping changes and a name change to the Joint Powers Agreement which was signed with the Northern Mayors Association. He explained the name change is necessary to avoid confusion with northern Minnesota mayors and organizations. RESOLUTION NO. 89 -125 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A JOINT POWERS AGREEMENT TO FORM THE NORTH METRO MAYORS ASSOCIATION (NMMA) f The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 89 -126 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A JOINT POWERS AGREEMENT TO FORM THE NORTH METRO DEVELOPMENT ASSOCIATION The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed'unanimously. ORDINANCE The ;City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land Considered under Planning Commission Application No. 89009. He noted this item was first read on r May 22, 1989, published in the City's official newspaper on May 31, 1989, and a public hearing was held on June 12, 1989. He stated further action regarding the ordinance was tabled at the June 12, 1989, meeting due to the lack of a required number of Councilmembers voting. He explained this item requires a 4/5's vote of the Council for passage. ` There was a motion by Councilmember Scott and seconded by Councilmember Paulson to remove the tabling action on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land Considered under Planning Commission Application No. 89009. The motion passed unanimously. ORDINANCE N0. 89 -14 Member Philip Cohen introduced the following ordinance and moved its adoption: k r F l 6/26/89 -6- i AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND CONSIDERED UNDER PLANNING COMMISSION APPLICATION NO. 89009 The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO. 89016 SUBMITTED BY SHERMAN BOOSALIS INTERESTS. INC REQUESTING SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A 4,760 S0. FT. ADDITION TO THE COMMERCIAL BUILDING AT 5939 JOHN MARTIN DRIVE FOR THE PURPOSE OF ESTABLISHING AN ETHAN ALLEN FURNITURE STORE IN THE BUILDING The City Manager noted this item was recommended for approval by the Planning Commission at its June 15, 1989, meeting. Councilmember Paulson left the table at 8:09 p.m. The Director of Planning and Inspection referred the Mayor and Councilmembers to pages one through three of the June 15, 1989, minutes and information sheet. He briefly went on to review the site and the proposed use of the building. He then reviewed the exterior treatment which is proposed for the building and the nine conditions which were recommended for approval of this application. Mayor Nyquist stated Councilmember Paulson has a conflict of interest regarding this application and will not be participating in any discussion or vote pertaining to this item. Mayor Nyquist inquired if the market has changed so much that it will allow this business to succeed when the other one failed. The Director of Planning and Inspection explained when the previous business opened, it hit a particularly downtime for construction of new homes. He stated this may be part of the reason the business failed. Mayor Nyquist then recognized Tim Mannie, representing the applicant, who stated the location of the first store was rather ill conceived because it was not in a retail area and it was off the beaten path. He stated he and the applicant feel this new location will work quite well because of Target and the other retail businesses in the area. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to approve Planning Commission Application No. 89016 submitted by Sherman Boosalis Interests, Inc. 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. I 6/26/89 -7- 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 monitoring device in accordance with Chapter 5 of the City Ordinances. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. B612 curb and gutter shall be provided around all parking and driving areas. 8. The plans shall be revised, prior to the issuance of permits to indicate: a) 250 watt bulbs on the light pole east of the northeast corner of the building so as to reduce light intensity at the property line to 10 foot candles. 9. The applicant is directed to work with staff on a mutually acceptable tint to the stuccato board treatment around the west, south and east sides of the building to be compatible with the brick treatment. The motion passed unanimously. Councilmember Paulson returned to the table at 8:11 p.m. ` PUBLIC HEARING - PROPOSED ALLEY IMPROVEMENTS ! Mayor Nyquist stated he would like to hear a brief overview of all four projects and then the Council would take a short recess. He noted after the recess the public hearings would be opened individually for each project. f The Director of Public Works stated these are the last four alleys within the City of Brooklyn Center which have not been improved. He noted originally there were 19 alleys within the City and went on to review the status of all alleys. He then briefly highlighted certain areas of the improvement policy pertaining to alleys. The Director of Public Works stated the Council is requested to also make a decision whether bituminous or concrete should be installed for each alley. He noted while bituminous is less expensive than concrete, it is more difficult to ! control the grades to allow for proper drainage when bituminous is used. He stated much of the concern regarding these alley improvements is to the cost of the special assessments and noted there is a deferred special assessment policy which has been approved by the Council. He briefly reviewed this policy for the Council. i 6/26/89 _$_ RECESS ` The Brooklyn Center City Council recessed at 8:43 p.m. and reconvened at 8:55 p.m. PUBLIC HEARING - ALLEY IMPROVEMENTS (CONTINUED) The Director of Public Works stated the Council may wish to consider each of the resolutions immediately following the closing of the public hearing on the improvement or may wish to complete all hearings before considering the adoption of any or all of the resolutions. He noted before voting on the resolution, the Council should, by motion, agree on which type of surfacing (concrete or bituminous) will be installed if the resolution is adopted. He added because each of these proceedings were officially initiated by City Council action, a 4/5's vote is required by Minnesota Statutes to order the improvement. He noted the vote on each resolution must be taken as a "roll call" vote. PUBLIC HEARING ON PROPOSED ALLEY IMPROVEMENT PROJECT NO 1989 -08 (PAVING ALLEY BETWEEN FREMONT AVENUE AND GIRARD AVENUE FROM 55TH AVENUE TO 57TH AVENUE) The Director of Public Works briefly reviewed slides which showed the condition of the existing alley and indicated this alley is very flat. He knows this proposed improvement includes installation of a storm sewer for better drainage. He went on to briefly review the petition responses noting 27% of the people responding were in support of the improvement, 60% were in opposition of the improvement, and 13% of the property owners did not reply to the petition. He went on to review the costs of the project noting the differences between bituminous and concrete. The Director of Public Works stated his office did receive one letter from Alden and June Scofield of 5543 Fremont Avenue North. He noted the Scofields are very much opposed to the improvement. The Director of Public Works went on to explain the staff's definition of direct and indirect access to the alley. He stated a lot is considered to have direct access to the alley if the entrance to the garage abuts the alley. Councilmember Cohen inquired if there was a reason why bituminous was not the first choice of pavement for this alley. The Director of Public Works explained the grade in this alley is very flat. He noted concrete would be the best choice for pavement in this alley because you can more accurately control the grade when using concrete. He noted bituminous could be used but there would be more puddles. He noted eventually the puddles would cause deterioration of the bituminous. Councilmember Pedlar inquired if there would be a property value increase after the alleys are improved. The Director of Public Works stated the City must be able to demonstrate that the market value would increase, by at least the amount of the assessment, in order to be able to levy the special assessment. Councilmember Pedlar stated he noticed on the slides there were several homes where there is not an improved driveway or apron. He asked if the City requires this when the alley improvement is done. The Director of Public Works stated the City cannot require the property owner to put in a new driveway, however, an apron type area would be installed to prevent damage to the alley paving. 6/26/89 -9- Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed alley improvement project No. 1989 -08. He recognized Tom Ryan, 5550 Girard Avenue North. Mr. Ryan inquired why the assessment has been divided into two tiers of direct and indirect access for special assessments and also what the City's course of action would be if someone changes from indirect to direct access after the alley has been installed. The Director of Public Works stated the policy was changed to two tiers because those property owners who have direct access onto the alley would be benefiting more from the alley improvement than those who have indirect access. He stated if a property owner were to change from indirect access to direct access after the alley improvement, the City would not be able to go back and levy an additional amount. He noted this is not allowed under State law. Mayor Nyquist recognized Steve Smith, 5630 Girard Avenue North. Mr. Smith stated his driveway has access to Girard Avenue North, but he also has access to the alley by removing a section of his fence. He stated he felt his property should be considered an indirect access property. The City Manager indicated there were a few properties within these projects similar to Mr. Smith's case. He noted at the time of the special assessment hearing, the Council would have to make a decision as to what type of access Mr. Smith has to the alley. Mayor Nyquist recognized Louie Larson, 5620 Girard Avenue North. Mr. Larson stated he opposes the alley improvement because he does not have any access onto the alley. He stated he would be forced to take money from his retirement fund to pay for this improvement, and he does not believe that is fair because he would not gain any benefit from the project. Mr. Larson also stated he was concerned that by paving the alley, it would turn it into a raceway. The Director of Public Works stated a newly paved alley tends to be an invitation to speeding for a limited period of time. He explained State legislation has allowed communities to adopt a policy which allows City's to post a ten mile per hour limit in alleys. He noted by posting the alleys at ten miles per hour, it gives the police department something to work with for enforcement. Mayor Nyquist then recognized Larry Stanchfield, 5625 Fremont Avenue North. Mr. Stanchfield inquired how the asphalt would be repaired or redone in the future. The Director of Public Works stated when bituminous is installed, the grade set is very tight, and it is near to impossible to allow enough room to allow for an overlay. He noted the City would be limited to thin sealcoating layers. He noted in order to fully repair it in the future, they would have to tear out all the bituminous and relay it. Mayor Nyquist recognized Steve Tobago, 5636 Girard Avenue North. Mr. Tobago stated it appears that sooner or later this alley will have to be improved, and he feels the improvement should be done now when it is still somewhat less expensive than it will be in the future. Mayor Nyquist recognized the resident at 1313 57th Avenue North. He stated he has one of the unimproved driveways which Councilmember Pedlar inquired about. He noted his driveway is unimproved because a contractor has told him it is impossible to install a driveway at this time because of the water drainage problem. He stated he is very much in favor of this alley improvement. 6/26/89 -10- a Mayor Nyquist inquired if there was anyone else 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 Cohen to close the public hearing on proposed alley improvement project No. 1989- 08wet. The motion passed unanimously. PUBLIC HEARING ON PROPOSED ALLEY IMPROVEMENT PROJECT NO 1989-15 (PAVING ALLEY k BETWEEN GIRARD AVENUE AND HUMBOLDT AVENUE FROM 54TH AVENUE TO 55TH AVENUE) The Director of Public Works briefly reviewed slides which show the condition of the alley in this area. He noted staff is also recommending installation of a storm sewer in this alley. He then went on to review the results of the petition noting that 50% of the property owners supported the improvement, 28% opposed the improvement, and 22% did not reply to the petition. The Director of Public Works then reviewed the costs of the improvement for both bituminous and concrete. The Director of Public Works stated he has received no written correspondence pertaining to this improvement. Councilmember Scott inquired if staff is recommending bituminous or concrete for this alley. The Director of Public Works stated this alley is also quite flat but not as critical as alley No. 1. He stated, however, staff preference is concrete paving for this alley. Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed alley improvement project No. 1989 -15. He recognized Clifford Kuykendall, 5417 Girard Avenue North. Mr. Kuykendall stated he is in favor of paving the alley and noted he has lived there for 11 years and feels this paving should have been done 11 years ago. Mayor Nyquist then recognized Cheryl Hetrick, 5408 Humboldt Avenue North. Ms. Hetrick stated she is very much in favor of the alley improvement because the present alley is very sloppy in the spring and fall. She noted, however, she is concerned with the possibility of speeding once the alley is improved. Mayor Nyquist recognized Dean Jacobs, 5453 Girard Avenue North. Mr. Jacobs stated he is in favor of the alley improvement, however, he is opposed to using concrete because of the expense. He stated he does not fully understand the issue of bituminous versus concrete. He stated he also does not understand the savings if all of the alleys are completed at one time versus doing individual alleys. The Director of Public Works stated he believes if three or four of the alleys are completed at one time versus one alley, there will be a 10 -15% savings for bituminous and a 15 -20% savings for concrete. He explained that the concrete contractor would need special tools and equipment to do the alleys and, therefore, the cost would be less if all the alleys needing concrete were completed at one time. Mayor Nyquist inquired if there was anyone else present who wished to address the Council. There being none, he entertained a motion to close the public hearing. 6/26/89 -11- There was a motion by Councilmember Cohen and seconded by Councilmember Scott to close the public hearing on proposed alley improvement project No. 1989 -15. The motion passed unanimously. The Director of Public Works stated staff has tried to be very conservative and would expect the actual cost to be lower than the estimates which are shown. PUBLISH HEARING ON PROPOSED ALLEY IMPROVEMENT PROJECT NO 1989 -16 (PAVING ALLEY BETWEEN EMERSON AVENUE AND FREMONT AVENUE FROM 53RD AVENUE TO 54TH AVENUE) The Director of Public Works briefly reviewed slides which show the condition of this alley and noted staff is also recommending installation of a storm sewer in this alley. He then went on to review the results of the petition noting that 58% of the property owners supported the improvement, 13% opposed the improvement, and 29% did not reply to the petition. He then went on to review the cost for bituminous and concrete improvements. He added staff is also recommending concrete for this alley. Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed f alley improvement project No. 1989 -16. He recognized Margarete Rosenow, 5357 Emerson Avenue North. Ms. Rosenow stated when she applied for a building permit f for her new garage, she was told she would not be allowed to build the garage facing 54th Avenue North. She stated she was told the garage had to be built facing the alley. She explained it is difficult for her to drive into her garage without using her neighbor's driveway. She indicated the neighbor does j not like Ms. Rosenow to use her driveway and, therefore, she does not park in 4 her garage. She stated she feels she should not be charged for direct access because she cannot use her garage. The Director of Public Works stated staff would be willing to meet with Ms. Rosenow and work with her to possibly create a better access to her garage. He noted a final determination for the type of assessment does not occur this evening. Mayor Nyquist inquired if there was anyone else 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 proposed alley improvement project No. 1989 -16. The motion passed unanimously. PUBLIC HEARING ON PROPOSED ALLEY IMPROVEMENT PROJECT NO. 1989 -17 PAVING 'ALLEY BETWEEN LAKEVIEW AVENUE AND TWIN LAKE AVENUE FROM LAKEBREEZE AVENUE TO LAKESIDE AVENUE The Director of Public Works briefly reviewed the slides which show the condition of this alley. He noted in this particular alley there is a definite grade and installation of bituminous would be possible. He noted this alley is a dead -end, and it may not be necessary to pave the entire area. He went on to review the results of the petition noting 18% of the property owners supported the improvement, 46% opposed the improvement, and 36% did not reply to the petition. He then reviewed the cost of the improvement for bituminous and concrete. He stated staff would recommend paving only part of the alley and grading the alley extension. Councilmember Scott inquired what the cost of the improvement would be if only that part of the alley which is used is paved. The I I 6/26/89 -12- E f Director of Public Works stated the improvement would only be approximately two- thirds of the cost of what was originally estimated. Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed alley improvement project No. 1989 -17. Mayor Nyquist recognized Diane Schake, 4740 Twin Lake Avenue North. Ms. Schake stated she is in favor of the improvement, but she agrees with the staff that only the portion of the alley k being used should be improved. She inquired if arrangements would be made to allow parking on the street during this improvement. The Director of Public Works responded affirmatively. Mayor Nyquist recognized Dave Weiss, 3735 Lakeview Avenue North. Mr. Weiss stated he is opposed to the improvement because he does not have direct access to the alley. He stated he feels the cost is prohibitive, and it has already been stated there is good drainage and no need for concrete paving to improve the drainage. He added he feels the improvement would only make the speeding problem worse. Mayor Nyquist recognized Betty Enge, 4752 Twin Lake Avenue North. Ms. Enge stated she can enter the garage for this property from two areas and was wondering how she was classified for the assessment. The City Manager stated staff and Council would have to review this property prior to the special assessment hearing. Mayor Nyquist inquired if there was anyone else 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 Pedlar and seconded by Councilmember Scott to close the public hearing on proposed alley improvement project No. 1989 -17. The motion passed unanimously. Mayor Nyquist asked the Council what type of paving they would recommend if the improvements were approved. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to install concrete paving in project Nos. 1989 -08, 1989 -15, and 1989 -16; and to install bituminous for project No. 1989 -17. The motion passed unanimously. I I Councilmember Cohen stated he drove along the alley referred to in project No. I 1989 -08 and noted the alley is very wet. There was a motion by Councilmember Cohen and seconded by Mayor Nyquist to approve the alley improvement for project No. 1989 -08. i Councilmember Paulson stated staff has completed a very thorough process for reviewing these alleys and making their recommendations. He stated if he were to make a decision based on the numbers of those property owners interested, he would have to say yes in some cases and no in others. Councilmember Pedlar C stated he agrees the alleys do need improvement, but he feels it is unjust to lay the cost of this improvement on the senior citizens living in the area. I 6/26/89 -13- i i iL Councilmember Paulson stated he would like to amend the previous motion to include all the projects. Councilmember Scott stated she has been through these types of hearings in the past, and she noted how greatly deteriorated the alleys have become since the last time they were discussed for improvement. She stated she hopes the residents realize this problem will not go away but it will get worse. She explained she went back to the records she kept in 1977 when these alleys were last discussed and noted the cost change has been astronomical since the last consideration. She noted this cost will continue to rise, Mayor Nyquist stated he did not believe it was a question of whether the property owners wanted the improvement or not but whether they wanted to pay for it or not. Councilmember Cohen stated he does not believe allowing an alley to stay open and unpaved for this long a time does not lend itself to Brooklyn Center being the urbanized area it promotes itself as being. He stated he believes it is not fair to the rest of the taxpayers in the City who must pay for the maintenance of these alleys year after year. The Director of Public Works pointed out the cost of improving these alleys has more than doubled since 1977. Councilmember Cohen stated when an alley is paved, the property lines are more defined and look neater. He stated it is best to maintain your property value by maintaining your property. Councilmember Cohen and Mayor Nyquist agreed to withdraw the motion to allow for further discussion of the other alley improvements. Mayor Nyquist inquired if there were any questions or comments pertaining to alley improvement project No. 1989 -15. There were no questions or comments. Mayor Nyquist inquired if there were any questions or comments pertaining to alley improvement project No. 1989 -15. The Director of Public Works stated the questions raised pertaining to direct and indirect access for assessments would be deferred until the assessment hearing. Mayor Nyquist inquired if there were any questions or comments pertaining to alley improvement project No. 1989 -17. Councilmember Scott stated she does not see a need to pave the far end of this alley and added she felt it would be more economically feasible to pave only the part which is being used, The Director of Public Works stated he would suggest vacating the unused portion of this alley and only maintaining the utility easements. Mayor Nyquist stated if there were no further questions or comments, he would entertain a motion for improvements on all four alleys. Councilmember Pedlar stated he did not understand why all four projects would be thrown into a heap. ` He stated the projects were reviewed individually, and he felt they should be voted on individually. Councilmember Scott stated it appears there is some agreement involving improvement project No. 1989 -16 and maybe the Council should start there. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve improvement project No. 1989 -16 using concrete pavement. 4 A discussion then ensued regarding how this would affect Councilmember Paulson's earlier motion to handle all resolutions by one motion. 6/26/89 -14- t i Councilmember Paulson made a motion to amend Councilmember Scott's motion to include improvement project Nos. 1989 -16, 1989 -17, and 1989 -08 for consideration. Councilmember Cohen seconded the amendment. The amendment passed unanimously. RESOLUTION NO. 89 -127 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENT, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1989 -08 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 89 -128 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENT, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1989 -15 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO 89 -129 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENT, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1989 -16 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO 89 -130 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENT, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1989 -17 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. Councilmember Cohen left the table at 10:54 p.m. and returned at 10:57 p.m. DISCUSSION ITEMS BROOKLYN CENTER TRANSPORTATION The City Manager explained the Human Rights and Resources Commission has been researching the transportation issue as it affects the Brooklyn Center community. He stated the commission has reached a point in which it requests further direction from the Council before proceeding on this project. Councilmember Scott stated she has spoke with many senior citizens who feel the City is not getting their money's worth from participation in the Five City 6/26/89 -15- Senior Transportation Program. The Personnel Coordinator stated this issue was also reviewed from the single parent family aspect. A discussion then ensued regarding the Hopkins Hop -A -Ride Program and how a similar type program may operate in Brooklyn Center. Councilmember Pedlar noted North Memorial Hospital will be starting a senior transportation program but added it would probably be for medical trips and not shopping. He noted staff and the Human Rights and Resources Commission may want to investigate this program. The Personnel Coordinator stated the Human Rights and Resources Commission does not wish to duplicate something that is already in existence. She stated presently the Human Rights and Resources Commission feels a self - contained program, with the exception of North Memorial Hospital, may work well in Brooklyn Center. Councilmember Paulson suggested adding North Hennepin Community College and the Vo -Tech in Brooklyn Park to the exceptions. The Personnel Coordinator stated she would have this area reviewed. There was a motion by Councilmember Scott and seconded by Councilmember Paulson directing the Human Rights and Resources Commission to draft a proposal for the Regional Transit Board for a transportation project. The motion passed unanimously. DISCUSSION OF APPOINTMENTS TO OPENINGS ON THE TOURISM BUREAU BOARD AND CABLE TV BOARD The City Manager stated he has received calls from both organizations requesting the City to appoint members to their boards. He noted it is not required that the member be an elected official, but he would request that a member of the Council be on the cable TV board. Councilmember Cohen pointed out with the amount of tax dollars being received from the tourism bureau, he felt the board member from Brooklyn Center should be an elected official. There was a motion by Councilmember Paulson and seconded by Councilmember Cohen to appoint Mayor Nyquist to the North Metro Convention and Tourism Bureau. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to appoint Councilmember Paulson as the board member to Northwest Community TV. The motion passed unanimously. DISCUSSION OF FEASIBILITY OF CITY COUNCIL "WORK SESSION" The City Manager stated he would like to recommend the Council schedule a special work session meeting in July to hold an executive session to discuss the bargaining process and also to hold a tour of the City hall and community center. He stated he would like to tentatively schedule the meeting for July 17, 1989, at 7 p.m. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to tentatively set a work session meeting for July 17, 1989, at 7 p.m. The motion passed unanimously. Councilmember Cohen stated he would like to suggest the law firm put on a seminar for members of the advisory commissions and Council regarding the open meeting law and planning commission duties. The City Manager stated the 6/26/89 -16- Director of Planning and Inspection is working with Holmes and Graven to prepare a short seminar for the advisory commissions and councilmembers. DISCUSSION OF DRAFT OF SPECIAL USE PERMIT FOR STORING COMMERCIAL VEHICLES IN RESIDENTIAL AREAS The City Manager noted the councilmembers received a copy of the proposed draft ordinance regarding requirements for special home occupations involving the parking of certain vehicles. He noted this draft ordinance is still valid except for the weight classification section. He stated staff still feels the special use permit would not be the appropriate way to approach this issue because it would be difficult for the Council to be consistent. He noted the Council could not use public support or opposition in making its judgment to allow or deny a vehicle. Councilmember Pedlar inquired what is being done for enforcement since the ordinance went into effect. The City Manager stated warnings have been issued, but staff is avoiding issuing tickets. Councilmember Pedlar stated he thought the City was going to issue warning tags so Council could get a better idea of the number of vehicles out there. The Director of Planning and Inspection stated it is not necessary to issue warning tags to determine the number of vehicles in the City. He noted his office currently has a list and the City can easily be surveyed for more vehicles. Councilmember Pedlar stated he felt it was time something was done regarding this issue. He stated he felt the Council should either throw out the ordinance or make it work. Mayor Nyquist stated he did not totally agree with the ordinance language but felt it is the best that can be done, and he noted doing nothing at all with the ordinance is worse yet. The City Manager stated staff could send out a notice of the ordinance instead of notice of violation. Councilmember Cohen stated he thought it would be best if staff started with the obvious vehicles and allow time to work with the more sensitive ones. There was a motion by Councilmember Scott and seconded by Councilmember Cohen directing staff to start issuing letters of notification regarding the ordinance. The motion passed unanimously. OTHER BUSINESS The City Manager stated the Chamber of Commerce has requested the City to pay for additional detour signage for the period when the Shingle Creek Parkway ramps are closed. He noted the Chamber of Commerce quoted a price for the additional signage, but he did not feel this was a correct price. He stated he would notify the Council later with the price for these signs. ADJOURNMENT There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:46 p.m. r r .v City Clerk Mayor 6/26/89 -17- i