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HomeMy WebLinkAbout1988 03-14 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 14, 1988 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:06 p.m. ROLL CALL, Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. 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 Coordinator Brad Hoffman, and Personnel Coordinator Geralyn Barone. INVOCATION The invocation was offered by Councilmember Hawes. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. PROCLAMATION Mayor Nyquist recognized Ms. Joyce Knapper and three members of the local Camp Fire Girls. Ms. Knapper thanked the Mayor and the City Council for its support of the Camp Fire Girls, and a Camp Fire share cake was presented in appreciation of the support. Member Celia Scott introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING MARCH 13 -20, 1988, AS CAMP FIRE BIRTHDAY WEEK The motion for the adoption of the foregoing proclamation was duly seconded by member Bill Hawes, and the motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 7:08 p.m. and reconvened at 7:23 P.M. DISCUSSION ITEM YEAR XIV URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Mayor Nyquist recognized Barbara Jensen who represents the Community Development Block Grant Citizen Participation Committee. Ms. Jensen said the committee met and held a public hearing regarding the use of community development block grant 3 -14 -88 -1- funds. The committee recommends the expenditure of $30,000 of the funds for a housing program study and $164,500 for the housing rehabilitation program. Councilmember Lhotka asked what latitude the Council has for adjusting the plan once approved. Ms. Jensen said there is room for reallocation if the citizens participation committee and the City Council wish to do so. Mayor Nyquist inquired about the status of the solar experimentation project being studied by the housing commission, and Ms. Jensen said there have been significant delays, but something should be ready by spring. RESOLUTION 88 -33 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PROPOSED PROGRAM FOR YEAR XIV URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING ITS SUBMITTAL The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. No requests were made. APPROVAL OF MINUTES - FEBRUARY 16 1988 - PUBLIC HEARING There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the minutes of the February 16, 1988, City Council meeting. The motion passed unanimously. APPROVAL OF MINUTES - FEBRUARY 22 1988 - REGULAR. SESSION There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the minutes of the February 22, 1988, City Council meeting. The motion passed unanimously. PERFORMANCE BOND RELEASE - BROOKVIEW PLAZA - 5951 EARLE BROWN DRIVE There was a motion by Councilmember Hawes and seconded by Councilmember Theis to release the performance bond for Brookview Plaza, 5951 Earle Brown Drive. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 88 -34 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE REHABILITATION OF WELLHOUSE NO. 5 (LOCATED AT 7001 CAMDEN AVENUE NORTH) AND WELLHOUSE NO. 6 (LOCATED AT 1207 69TH AVENUE NORTH) IMPROVEMENT PROJECT NO. 1987 -20, CONTRACT 1988 -M The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. 3 -14 -88 -2- RESOLUTION NO. 88 -35 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING THE 1988 TREE REMOVAL PROGRAM, APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS, IMPROVEMENT ,PROJECT NO. 1988 -11, CONTRACT 1988 -G The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO. 88 -36 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO ACT AS CONTRACTOR FOR A GRANT AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION N0. 88 -37 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF ONE (1) STREET ROLLER The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION N0. 88 -38 Member Bill Hawes introduced the following resolution and moved its adoption: 4 RESOLUTION DECLARING SURPLUS PROPERTY The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO. 88 -39 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION DECLARING SURPLUS PROPERTY The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. LICENSES There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the following list of licenses: CIGARETTE Woodside Enterprises 11889 65th Ave. N. Little Brooklyn 6219 Brooklyn Blvd. 3 -14 -88 -3- ` I FOOD ESTABLISHMENT Alano Society 4938 Brooklyn Blvd. America Food Management P. 0. Box 160 Northwestern Bell 5910 Shingle Creek Pkwy. Arby's Brookdale Center Baskin Robbins 1277 Brookdale Center Brookdale Cinema 5801 John Martin Drive Brookdale Covenant Church 5139 Brooklyn Blvd. Brooklyn Center American Legion 4307 70th Ave. N. Brooklyn Center Athletic Boosters 5620 Humboldt Ave. N. Brooklyn Center High School 6500 Humboldt Ave. N. Brooks Superette 6804 Humboldt Ave. N. Canteen Corporation 1091 Pierce Butler Route Ault, Inc. 1600 Freeway Blvd. Hoffman Engineering 6530 James Ave. N. Community Emergency Assistance Program 7231 Brooklyn Blvd. County Club Market 5715 Morgan Ave. N. Cross of Glory Lutheran Church 5929 Brooklyn Blvd. Davanni's 5937 Summit Drive Days Inn 1501 Freeway Blvd. Duke's Standard 6501 Humboldt Ave. N. Evergreen Park Elementary School 7020 Dupont Ave. N. Fanny Farmer Candy Shops Brookdale Center 50's Grill 5524 Brooklyn Blvd. Kim Fung 5704 Morgan Ave. N. Garden City School 3501 65th Ave. N. Green Mill Inn, Inc. 5540 Brooklyn Blvd. Harron United Methodist Church 5452 Dupont Ave, N. K -Mart 5930 Earle Brown Dr. LaCasita Mexican Restaurant 2101 Freeway Blvd. Los Primos Brookdale Center Lutheran Church of the Master 1200 69th Ave. N. Lutheran Church of the Triune God 5827 Humboldt Ave. N. Munch Box Snack Service 6840 Shingle Creek Pkwy. Neil's Q 1505 69th Ave. N. Northport Elementary School 5421 Brooklyn Blvd. Hiway 100 N. France Health Club 4001 Lakebreeze Ave. N. 1 Potato 2 1319 Brookdale Center Orange Julius Brookdale Center Orchard Lane School 6201 Noble Ave. N. Pizza Hut 6000 Shingle Creek Pkwy. Price Candy Company Brookdale Center Red Owl County Store 3610 63rd Ave. N. Rocky Rococo 1267 Brookdale Center St. Alphonsus Church 7025 Halifax Ave. N. Sears, Roebuck & Co. 1297 Brookdale Center Target 6100 Shingle Creek Pkwy. Taystee Baking Company 4215 69th Ave. N. Tombstone Pizza Corporation 6850 Shingle Creek Pkwy. Willow Lane PTA 7020 Perry Ave. N. Willow Lane School 7020 Perry Ave. N. 3 -14 -88 -4- LODGING ESTABLISHMENT Marc's Budgetel 6415 James Circle MECHANICAL SYSTEMS Romark Heating & Ventilation 2647 Eldridge Ave. NONPERISHABLE VENDING MACHINES A & J Enterprises 6843 Washington Ave. S. l i Best Products Company P y 5925 Earle Brown Drive Bob Ryan Oldsmobile 6700 Brooklyn Blvd. Schmitt Music 3400 Freeway Blvd. PERISHABLE VENDING MACHINES A & J Enterprises 6843 Washington Ave. S. Best Products Company 5925 Earle Brown Drive Bob Ryan Oldsmobile 6700 Brooklyn Blvd. Schmitt Music 3400 Freeway Blvd. SPECIAL FOOD HANDLING ESTABLISHMENT Best Products Company 5925 Earle Brown Drive II SWIMMING POOL Brooklyn Center Community Center 6301 Shingle Creek Pkwy. Evergreen Park Manor 7200 Camden Ave. N. Hiway 100 N. France Health Club 4001 Lakebreeze Ave. N. Marvin Garden Townhouses 68th and Orchard Avenues The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Accepting to Furnish and Install Automated Control System in the Makeup Air /Exhaust System of the City Garage. The Director of Public Works said this item is in the 1988 budget; however, only ! $3,000 is budgeted and after a more detailed evaluation, staff found additional items were needed to meet the building code and OSHA regulations. Although the E bid amount exceeds $3,000, the Director of Public Works said the estimated cost savings for the gas and electrical utilities will result in a payback period of 1.62 years. Therefore, the item is recommended for approval. RESOLUTION NO 88 -40 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL TO FURNISH AND INSTALL AUTOMATED CONTROL SYSTEM IN THE MAKEUP AIR /EXHAUST SYSTEM OF THE CITY GARAGE The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. The City Manager presented a Resolution Accepting Bid for the Police Department Remodeling, Phase III, Improvement Project No. 1988 -01, Contract 1988 -A. The Director of Public Works explained the City Council approved the plans and specifications for the remodeling project in the amount of $60,970. The lowest 3 -14 -88 _5_ bid for the project was $30,880, which is dramatically below the architect's estimate. The Director of Public Works said of the 14 bids received, six of them were under $40,000. After further review of the project by the low bidder and staff checking the low bidder's references, staff is recommending awarding the contract to the low bidder. Councilmember Scott asked how long the project will take to complete, and the Director of Public Works said the expected completion date is June 1988, with the exception of the jail cell area; the completion date of this area is based on delivery of special equipment. Councilmember Scott asked what the police department will do with prisoners when j the holding cells are out of commission. The Director of Public Works said he discussed this with the Chief of Police, and the police department will make arrangements to hold the prisoners elsewhere. Councilmember Lhotka asked if the low bid includes everything in the initial project, and the City Manager said it includes all items in the bid. He said initially about five items were cut from the proposal to stay within the budget, and staff may make requests at a future date if these items are still deemed necessary. RESOLUTION NO. 88 -41 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID FOR THE POLICE DEPARTMENT REMODELING, PHASE III, IMPROVEMENT PROJECT NO. 1988 -01, CONTRACT 1988 -A 'f The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. The City Manager presented a Resolution Changing Polling Locations for Precincts 1, 4, & 9. He referenced a memorandum from the City Clerk explaining the I� changes. RESOLUTION NO. 88 -42 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION CHANGING POLLING LOCATIONS FOR PRECINCTS 1, 4, & 9 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. The City Manager presented a Resolution Amending the 1988 General Fund Budget, noting this approves an appropriation to replace the community center cash register. He noted this appropriation has usually been made annually in the budget but was inadvertently omitted from the budget this year. RESOLUTION NO 88 -43 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1988 GENERAL FUND BUDGET The motion for the adoption of the he foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 3 -14 -88 _6_ PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO. 88001 SUBMITTED BY METROPOLITAN TRANSIT COMMISSION REOUESTING SITE PLANS /SPECIAL USE PERMIT APPROVAL TO BUILD A PARK AND RIDE LOT AT THE CHURCH OF THE NAZARENE AT 501 73RD AVENUE NORTH The City Manager noted this item was recommended for approval by the Planning Commission at its February 11, 1988, and February 25, 1988, meetings. The Director of Planning and Inspection referred the Council to the Planning Commission minutes of February 11, 1988, pages one through six, and February 25, 1988, pages one through five. He explained the application and said the Planning Commission originally approved the recommendation at its February 11, 1988, meeting. The Director of Planning and Inspection said the neighborhood did not react favorably to the initial proposal. After further review, the Planning Commission revised its original plan at its February 25, 1988, meeting. The Planning Commission did recommend Application No. 88001 subject to ten conditions listed on pages four and five of the February 25, 1988, Planning Commission meeting minutes. He said a public hearing has been scheduled for this evening, notices were sent, and representatives from the neighborhood and MTC are present this evening. Councilmember Theis asked about the landscaping, and the Director of Planning and Inspection explained it. Councilmember Hawes referenced page four of the February 11, 1988, Planning Commission minutes and asked about the life threatening situation where six people have been killed, as noted in the minutes. The Director of Planning and Inspection said the resident quoted in the minutes was probably referring to six people getting killed in the area of T.H. 252 over a period of years. Councilmember Lhotka suggested the accident history be checked for this area. He asked how the access to the City's wellhouse facility will be controlled, and staff discussed this. Councilmember Hawes asked how wide the green area is between the private homes and the driveway. The Director of Planning and Inspection said this is approximately 90 feet. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 88001 submitted by Metropolitan Transit Commission requesting site plans /special use permit approval to build a park and ride lot at the Church of the Nazarene at 501 73rd Avenue North. He recognized Mrs. Sue Nevin, 7242 Camden Avenue North, who said the green space is not 90 feet, but rather 50 feet. She said she has lived at her home for 15 years and approximately six people have been killed in the area of T.H. 252. Mayor Nyquist suggested the police records be checked for the accident history. Mrs. Nevin said the plan approved by the Planning Commission at its February 25, 1988, meeting is better than the original proposal, although she is not generally pleased with the idea of a park and ride facility. Mayor Nyquist recognized Mr. Don Brettin, 7235 Camden Avenue North, who questioned the size of the trees in the landscape plan. He said when he first moved into the area 11 years ago, the highway was protected, but now there are six lanes of traffic. He said 73rd Avenue North is a big sound tunnel from where the berm ends south of 73rd Avenue North to where it starts up again north of 73rd Avenue North. Mr. Brettin said the church does not fill many spaces on Sunday mornings, and so it does not need all the extra spaces. He said the 3 -14 -88 _7_ neighborhood is against the use of the lot for park and ride, but if it does go through, the neighborhood would like to see the number of parking spaces reduced from 102 to 90. Mayor Nyquist recognized Ms. Patti Lee, 7223 Camden Avenue North, who said her living room and bedroom face the parking lot and she can see the church right now. She said she took a petition to the neighbors, who were all surprised and upset that they had not been notified about the public hearings. She said only those who face the backyard of the church were notified. Ms. Lee said if the City Council is going to approve the park and ride facility, she prefers that the number of spaces be 90 rather than 102. She expressed concern about the cars in the parking lot making noise and was concerned about the number of cars that would use the lot. She also expressed concern for the air quality in the neighborhood from all the vehicles using the parking lot. Ms. Lee said people using the parking lot live in the northern suburbs, and they are contributing to the problem here. She said those people who ride the bus and MTC benefit, but the neighbors will not. She added the City is getting a new driveway to its wellhouse. Ms. Lee said the residents were not told that MTC wanted to expand the parking lot, but rather the church wanted to do so. There was some question regarding a pathway into the berm, and the City Manager said he does not believe the highway department will allow a modification to the berm if it affects the noise standards. Mayor Nyquist next recognized Ms. Carrol Carter, 7250 Camden Avenue North, who said she has more signatures of those who are opposed to the application. She noted the project is good for Brooklyn Center, the church, and MTC, and the only ones not getting anything out of this are the homeowners. She added every one of the homes in this area has a home improvement on it. She expressed her great dissatisfaction with the use of the church parking lot for a park and ride facility. Mayor Nyquist asked Ms. Carter if she would object if the church wanted to expand its parking lot instead of MTC. Ms. Carter said she would not have a problem with the church because it is not like the park and ride facility where it is used seven days a week. Mayor Nyquist questioned the procedure of a nonprofit organization leasing from another nonprofit organization and whether or not the entire process would be tax exempt. The City Attorney noted an organization could lose its nonprofit status if it made a profit, but income alone can be used in the nature of the business if it is used properly. There was discussion of the tax exemption status of the property. The City Manager said he will check with the City Assessor on the status of this. Councilmember Theis asked what alternative uses of the property would be. The Director of Planning and Inspection said it is zoned R1, and with a special use permit, activities allowed include a church, school, or day care. Councilmember Lhotka asked MTC how long it would take for the 102 spaces to be filled, and a representative from MTC said within six months it would be filled. Councilmember Lhotka asked if any other locations were reviewed by MTC, and a representative from MTC explained other sites were looked at but were not suitable because of the access. Councilmember Hawes asked how MTC arrived at 102 spaces, and a representative from MTC said traffic patterns in the area were reviewed. 3 -14 -88 -8- Councilmember Theis questioned the procedure of money changing hands between MTC and the church. A representative from MTC said MTC is looking for a lease agreement with the church, and there are many more steps to be followed before such an agreement is actually signed. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to close the public hearing on Planning Commission Application No. 88001 submitted by the Metropolitan Transit Commission. The motion passed unanimously. Councilmember Lhotka said he is reviewing this like any other special use permit, where his prime concern is the affect on the neighborhood. He noted he understands that park and ride facilities are needed and this parking lot sits empty most of the time. He said he has a difficult time acknowledging an exempt organization receiving money for this. Councilmember Lhotka said his main concern is that the park and ride facility would not be an appropriate use in this zone. He said that if the rest of the City Council does not feel as he does and if the application is approved, he would request annual review of it. The City Attorney pointed out State law says a conditional use permit, once granted, cannot be subject to annual review as long as the conditions are met. Mayor Nyquist asked MTC if it would be opposed to reducing the number of parking spaces to 90, and a representative from MTC said there would be no objections. Councilmember Theis noted approximately 35 cars now use the lot on a regular basis. Councilmember Hawes asked the residents if they object to the number of cars that would be using the parking lot or the concept of the park and ride facility altogether. Ms. Carter said the residents do not want this at all, but the residents said they could live with 90 spaces because they did not think the City Council would listen to them or back them on this application. She said at two Planning Commission meetings, the commissioners were not listening to them. There was discussion of the existing parking problems and the ability of the City to regulate current parking. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to direct staff to prepare a resolution denying Planning Commission Application No. 88001 submitted by Metropolitan Transit Commission requesting site plans /special use permit approval to build a park and ride lot at the Church of the Nazarene at 501 73rd Avenue North based on an inappropriate expansion of the use of the property. There was discussion on the City's ability to regulate the use of the parking lot at this time, and Mayor Nyquist pointed out that it is private property. The Director of Planning and Inspection said use of the property has to be accessory to the church. Councilmember Scott noted the City has encouraged use of existing parking lots for park and ride facilities, but in this case, the applicant wishes to build a park and ride facility for the MTC and not for use by the church. The Council agreed there are several questions that need to be addressed regarding the allowance of park and ride facilities in R1 zones. Upon vote being taken on the foregoing motion, the motion passed unanimously. The City Manager noted this item will appear on the April 11, 1988, City Council agenda. 3 -14 -88 -9- ORDINANCES The City Manager presented An Ordinance Repealing Ordinance No. 87 -15 and Vacating Part of a Drainage and Utility Easement along the South Lot Line of Lot 3, Block 3, Donnays Brook Lyn Gardens 4th Addition. He said this ordinance was first read on February 8, 1988, published in the City's official newspaper on February 18, 1988, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Repealing Ordinance No. 87 -15 and Vacating Part of a Drainage and Utility Easement and inquired if there was anyone present who wished to speak. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing. The motion passed unanimously. ORDINANCE NO. 88 -03 Member Rich Theis introduced the following ordinance and moved its adoption: AN ORDINANCE REPEALING ORDINANCE NO. 87 -15 AND VACATING PART OF A DRAINAGE AND UTILITY EASEMENT ALONG THE SOUTH LOT LINE OF LOT 3, BLOCK 3, DONNAYS BROOK LYN GARDENS 4TH ADDITION The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 19 Relative to the Detection and Control of Tree Diseases. He said this item was first read on February 22, 1988, published in the City's official newspaper on March 3, 1988, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 19 Relative to the Detection and Control of Tree Diseases and inquired if there was anyone present who wished to speak. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to close the public hearing. The motion passed unanimously. ORDINANCE NO. 88 -04 Member Gene Lhotka introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 19 RELATIVE TO THE DETECTION AND CONTROL OF TREE DISEASES The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 21 Regarding Public Transportation. He said this item was first read on February 8, 1988, published in the City's official newspaper on February 18, 1988, and is offered this evening for a second reading. He added this amendment will provide for the establishment of taxicab rates by City resolution. 3 -14 -88 -10- l Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 21 Regarding Public Transportation and inquired if there was anyone present who wished to speak. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to close the public hearing. The motion passed unanimously. ORDINANCE NO. 88 -05 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 21 REGARDING PUBLIC TRANSPORTATION The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 29 Regarding Filing for Municipal Office and said this item is offered this evening for a first reading. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve for first reading An Ordinance Amending Chapter 29 Regarding Filing for Municipal Office and setting a public hearing date for April 11, 1988, at 7:30 p.m. The motion passed unanimously. PUBLIC HEARINGS The City Manager said there are two public hearings this evening regarding the proposed improvements of Logan Avenue North and North Lilac Drive from 57th Avenue North to 59th Avenue North (street improvement project No. 1988 -04) and of France Avenue North from south City limits to 50th Avenue North (street improvement project No. 1988 -05); of Lakebreeze Avenue North between France Avenue North and Azelia Avenue North (street improvement project No. 1988 -06)• and 50th Avenue North between T.H. 100 and France Avenue North (street improvement project No. 1988 -07). The Director of Public Works said notices of the public hearing were published in the City's official newspaper. He noted Chapter 429 of State Statutes requires official hearings regarding improvement projects and added this is not a special assessment hearing for the projects. He said City staff received no written correspondence prior to tonight's meeting regarding the public hearings. The Director of Public Works said the two resolutions before the Council this evening should be revised in the section starting "now therefore "; in item No. ` 1, the last words should be changed from "shall be constructed" to "is hereby ordered" on both resolutions. The Director of Public Works proceeded to review the location of the projects and showed slides indicating the conditions of the project area. The City Engineer reviewed the proposed improvements and the resulting special assessments anticipated for the projects. Mayor Nyquist opened the meeting for the purpose of a public hearing regarding the proposed improvement of Logan Avenue North and North Lilac Drive from 57th Avenue North (street improvement project No. 1988 -04) and inquired if there was anyone present who wished to speak. There being none, he entertained a motion to close the public hearing. 3 -14 -88 -11- There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing regarding the proposed improvement of Logan Avenue North and North Lilac Drive. The motion passed unanimously. RESOLUTION NO. 88 -44 Member Celia Scott introduced the following resolution and moved its adoption as amended to change the language as recommended by the Director of Public Works: RESOLUTION ORDERING IMPROVEMENT PROJECT NO. 1988 -04 AND PREPARATION OF PLANS AND SPECIFICATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. Mayor Nyquist opened the meeting for the purpose of a public hearing regarding the proposed improvement of France Avenue North from south City limits to 50th Avenue North (street improvement project No. 1988 -05); of Lakebreeze Avenue North between France Avenue North and Azelia Avenue North (street improvement project No. 1988 -06); and 50th Avenue North between T.H. 100 and France Avenue North (street improvement project No. 1988 -07) and inquired if there was anyone present who wished to speak at the meeting. Mayor Nyquist recognized Dale Greenwald who inquired if there is going to be a drainage problem. The Director of Public Works explained the primary focus of the project is on the street improvement and the secondary focus is to improve the drainage. Mr. Greenwald pointed out the street condition on France Avenue North seems good, and the City Manager noted some sections are better than others. Mr. Greenwald asked how far along the corner the curb will extend, and the City Engineer said the curb will go around the radius and taper back to the old curbs. The Director of Public Works pointed out staff will work with the property owners on this project. Mayor Nyquist recognized another property owner who questioned the location of the curb. The Director of Public Works said City staff will work with him on this. Mayor Nyquist recognized Lucille Hanggi, the owner of the apartment building at 3725 47th Avenue North, who asked if property owners on 47th Avenue North will be assessed because they use France Avenue North. The Director of Public Works said these property owners will not be assessed. Ms. Hanggi noted 47th Avenue North is under water all the time, and the Director of Public Works said he is unaware of the problem but would investigate it. Ms. Hanggi questioned the "no parking" designation on France Avenue North and noted many utility maintenance people need to access utility wires on her property. The City Manager said this situation can be investigated and reconsidered if necessary. The Director of Public Works reiterated that staff will work with property owners in reviewing the parking situation to best meet the needs. Mayor Nyquist recognized Ron Anderton, of Davies Water Equipment Company, 4010 Lakebreeze Avenue North, who asked when the project will begin on Lakebreeze Avenue North. The Director of Public Works said this would commence in 1988, sometime in early summer, and be completed in early fall. Mr. Anderton 3 -14 -88 -12- i expressed concern about the effect of the construction on his business, which is seasonal. The Director of Public Works said staff is fully aware of the needs of the property owners, and the contractors will be required to allow traffic through the area with only limited times for closure. Mr. Anderton expressed concern about the location of the bike path as it relates to safety because he said semitrucks come in and out of his property and will create a safety hazard. Mayor Nyquist recognized Fred Jones who said he owns four acres of property and the building he has is 12,000 sq. ft. He said with the assessed value of the property, he feels the City is premature in deciding a need for improvement of the roadway. He suggested deferring improvement of the project until he moves out of the property. Councilmember Scott expressed concern over the proposed location of the sidewalk on the north side of Lakebreeze Avenue North, and there was discussion on this location. Mayor Nyquist recognized the owner of 4715 France Avenue North, who said he is being assessed at the zone B note for a swamp that is totally unbuildable. The Director of Public Works said the proposed assessment is based on the property being fully developed according to the City ordinance, but the City Council can consider any special concerns at the time of the special assessments. Mayor Nyquist recognized David Finseth, 4645 France Avenue North, who questioned the availability of on- street parking. The Director of Public Works said staff will be talking with the residents about parking. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing regarding the proposed improvement of France Avenue North from south City limits to 50th Avenue North (street improvement project No. 1988 -05); of Lakebreeze Avenue North between France Avenue North and Azelia Avenue North (street improvement project No. 1988 -06); and 50th Avenue North between T.H. 100 and France Avenue North (street improvement project No. 1988 - 07). The motion passed unanimously. RESOLUTION NO. 88 -45 Member Bill Hawes introduced the following resolution and moved its adoption with the amendment recommended by the Director of Public Works: RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECTS 1988 -05 (FRANCE AVENUE FROM THE SOUTH CITY LIMITS TO 50TH AVENUE), IMPROVEMENT PROJECT 1988 -06 (LAKEBREEZE AVENUE NORTH FROM FRANCE AVENUE TO AZELIA AVENUE) AND IMPROVEMENT PROJECT 1988 -07 (50TH AVENUE FROM TRUNK HIGHWAY 100 TO FRANCE AVENUE) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. DISCUSSION ITEMS (CONTINUED) RECOMMENDATION FROM HUMAN RIGHTS AND RESOURCES COMMISSION SETTING PRIORITIES OF SINGLE PARENT FAMILY ISSUE 3 -14 -88 -13- The City Manager presented this item and reviewed the requested City Council action. Councilmember Lhotka said the commission prioritized items from its previous report to the Council and looked not only at the importance of the items, but also what the City can do. He said the majority of the areas are handled by other agencies, but the housing issue should be passed on to the Housing Commission for further review. He said the City is involved in a Joint Powers Agreement regarding transportation and there are other transportation systems available that should be investigated. The Commission would like to pursue this further and return to the City Council with a recommendation. Councilmember Scott complimented staff for the conciseness of the report. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to direct the Housing Commission to continue pursuing affordable housing options, to direct the Human Rights and Resources Commission to further investigate the feasibility of improving transportation in the City, and to continue supporting efforts by other agencies responsible for day care, health care, food, clothing, the prevention of teen pregnancy, and coordination of services. The motion passed unanimously. APPOINTMENT OF BROOKLYN CENTER DIRECTOR OF THE HENNEPIN RECYCLING GROUP There was a motion by Councilmember Scott and seconded by Councilmember Theis to appoint the City Manager as a director of the Hennepin Recycling Group and the EDA Coordinator as the alternate director. The motion passed unanimously. SALES AND USE TAX LETTER AGREEMENT The City Manager recommended the Council to authorize the City Manager to enter into the agreement. The City Attorney explained why the City is barred from seeking refunds. Councilmember Theis asked what amount of money is involved, and the City Attorney said that is an unknown quantity at this time. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to authorize the Mayor and City Manager to enter into the Sales and Use Tax Letter Agreement with Jon G. Sarff with the proposed amendment. The motion passed unanimously. i JOINT CITY - SCHOOL DISTRICT MEETING The City Manager said a member of the Brooklyn Center School Board suggested another joint meeting between the City Council and the School Board be held. The suggested meeting date is April 4, 1988, and the Council consented to this date. RECYCLING PROGRAM REPORT The City Manager reviewed the process the City is using to meet State and County mandates for recycling. He reviewed the evaluation criteria for use in judging service options and said although the City may not be able to meet all the criteria, some will have higher priorities than others. There was discussion on what other cities are doing for recycling, and the City Manager said other types of systems will be analyzed. The City Manager asked if the Council wishes to hold another public meeting when the staff has completed its report, and Mayor Nyquist said this is a good idea. 3 -14 -88 -14- ON -SALE NONINTOXICATING MALT LIQUOR LICENSE There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve the on -sale nonintoxicating malt liquor license for Centerbrook Golf Course and to waive the license fee. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:10 p.m. City Clerk Mayor i 3 -14 -88 -15-