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HomeMy WebLinkAbout1987 03-23 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 MARCH 23, 1987 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:03 p.m. ROLL CALL j 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 & Inspection Ron Warren, City Attorney Charlie LeFevere, City Engineer Bo Spurrier, Public Works Coordinator Joe Oster, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Councilmember Theis. OPEN FORUM Mayor Nyquist noted that he had received one request for Open Forum, but the topic pertained to an agenda item and he would like to hold the request over until that particular agenda item. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the Consent Agenda. Councilmember Lhotka requested that item 9e be removed from the Consent Agenda. APPROVAL OF MINUTES - MARCH 9 1987 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the March 9, 1987 City Council meeting. The motion passed unanimously. PROCLAMATION Councilmember Scott introduced the following proclamation and moved its adoption: DECLARING MAY 27, 1987 AS WOMEN ENTREPRENEURS: PARTNERS WITH GOVERNMENT AND INDUSTRY DAY i The motion for the adoption of the foregoing proclamation was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTIONS RESOLUTION NO. 87 -52 Member Celia Scott introduced the following resolution and moved its adoption: 3 -23 -87 -1- RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR IMPROVEMENT PROJECT NO. 1987- 06, DISEASED SHADE TREE REMOVAL PROGRAM, CONTRACT 1987 -D The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -53 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PROPOSED PROGRAM FOR YEAR XIII 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 Bill Hawes, and the motion passed unanimously. RESOLUTION NO 87 -54 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) HEAVY DUTY INDUSTRIAL TRACTOR AND LOADER The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -55 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF STEEL MESH FENCING AT NORTHPORT PARK The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: CIGARETTE LICENSE D.V.M. Inc. 119 State Street Green Mill Inn 5540 Brooklyn Boulevard FOOD ESTABLISHMENT LICENSE T.J. Applebee's Brookdale Center Bakers Square 5601 Xerxes Avenue North Baskin Robbins 1277 Brookdale Center Big Boy 5440 Brooklyn Boulevard Brookdale Cinema 5801 John Martin Drive Brookdale Covenant Church 5139 Brooklyn Boulevard Brooklyn Center Athletic Boosters 5620 Humboldt Avenue North Denny's Restaurant 3901 Lakebreeze Avenue North Duke's Standard 6501 Humboldt Avenue North 3 -23 -87 -2- Earle Brown Bowl 6440 James Circle Fanny Farmer Candy Shop Brookdale Center Kim Fung 5704 Morgan Avenue North Green Mill Inn, Inc. 5540 Brooklyn Boulevard Ground Round, Inc. 2545 County Road 10 Hiway 100 N. France Health Club 4001 Lakebreeze Avenue N. Holiday Inn 1501 Freeway Boulevard Jerry's Brookdale Super Valu 5801 Xerxes Avenue North Kentucky Fried Chicken 5512 Brooklyn Boulevard Korean Presbyterian Church 6830 Quail Avenue North Lynbrook Bowl, Inc. 6357 North Lilac Drive Northwest Residence 4408 69th Avenue North Nutrition World 1271 Brookdale Center 1 Potato 2, Inc. Brookdale Center r Orange Julius Brookdale Center Red Lobster Restaurant 7235 Brooklyn Boulevard Rocky Rococo 1267 Brookdale Center St. Alphonsus Church 7025 Halifax Avenue North Sears, Roebuck and Co. Brookdale Center Super America #4160 6545 West River Road Super America #58 1901 57th Avenue North Thrifty Scot Motel 6445 James Circle Tombstone Pizza Corporation 6850 Shingle Creek Pkwy. GARBAGE AND REFUSE HAULER'S LICENSE Crosstown Sanitation P.O. Box 41543 ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center American Legion Evergreen Park Brooklyn Center High School 6500 Humboldt Avenue N. MECHANICAL SYSTEMS LICENSE Able Mechanical Services 8701 Hillswick Trail Aer, Inc. Box 1146 All Season Comfort, Incl. 55 Mound Street Allan Mechanical, Inc. 6020 Culligan Way American Burner Service 601 North Prior Avenue Blaine Heating, Air Cond. & Elec. 13562 Central Avenue NE Dependable Heating & Air Cond. 2619 Coon Rapids Blvd. Ditter, Inc. 3570 Kilkenny Lane Environ -Con, Inc. Box 1351 General Sheet Metal Corp. 2330 Louisiana Avenue N. Harris Mechanical Contracting Co. 2300 Territorial Road Horwitz Mechanical, Inc. 5000 North County Road 18 J.K. Heating Company 2050 White Bear Avenue Midwestern Mechanical Corp. 9103 Davenport Street NE Modern Heating & Air Cond., Inc. 2318 First Street NE Noel's Heating & Air Cond., Inc. 4920 Zachary Lane Riccar Heating 3095 162nd Lane NW Sedgwick Heating & Air Cond. 8910 Wentworth Avenue S. Snelling Mechanical 1402 Concordia Avenue Standard Heating & Air Cond. Co. 410 West Lake Street 3 -23 -87 -3- Superior Contractors, Inc. 6121 42nd Avenue North Ray Welter Heating Co. 4637 Chicago Avenue Yale, Inc. 9649 Girard Avenue S. NONPERISHABLE VENDING MACHINE LICENSE Bro- Midwest Vending 8850 Wentworth Avenue S. American Legion 4307 70th Avenue North Highland Superstore 5951 Earle Brown Drive I RENTAL DWELLING LICENSE Initial: John L. Trowbridge 7229 Camden Avenue N. George Hanson 1510 69th Avenue N. Renewal: Miller Management Co., Inc. Willow Lane Apartments Luann Falenczykowski 6000 Abbott Avenue N. j Boyer Palmer 6101 Beard Avenue N. C.C. Hogen 5030 Brooklyn Boulevard Curtis and Audrey Cady 6915 Brooklyn Boulevard Earl James Backer 7018 Brooklyn Boulevard Richard Olson 5818 Humboldt Avenue N. Roland Scherber 4714 Lakeview Avenue N. Richard Bergstrom 5400 Russell Avenue N. Julie and Sharon Haugen 4806 Twin Lake Ave. N. Joseph Veidel 7104 Unity Avenue N. Raymond and Betty Anderson 7113 Willow Lane Robert and Patrician Bobleter 4807 Wingard Place Catherine Shefeluk 3018 51st Avenue N. Leo J. Vogel 2841 67th Lane j SIGN HANGER'S LICENSE Leroy Signs, Inc. 6325 Welcome Avenue N. SWIMMING POOL LICENSE Brookwood Estates 6201 North Lilac Drive Chippewa Park Apartments 6507 Camden Avenue N. Columbus Village Apartments 507 70th Avenue North Earle Brown Farm Apartments 1701 69th Avenue North Evergreen Park Manor 7200 Camden Avenue N. Four Court Apartments 2836 Northway Drive Garden City Court Apartments 3407 65th Avenue North Hiway 100 North France Health Club 4001 Lakebreeze Ave. N. Holiday Inn 1501 Freeway Boulevard Moorwood Homeowners Association 5809 Lake Curve Lane North Lyn Apartments 6511 Humboldt Ave. N. Northbrook Apartments 1302 69th Avenue N. The motion passed unanimously. 3 -23 -87 -4- PRESENTATIONS NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL Mayor Nyquist recognized Mary Cayan, Executive Director for the Northwest Hennepin Human Services Council. Ms. Cayan introduced the members who represented Brooklyn Center and noted that Geralyn Barone is the staff liaison to the Northwest Hennepin Human Services Council; Fran Gunberg and John Casey are the citizens from Brooklyn Center on the Advisory Commission; and David Wagner is the Planner and Emergency Services Coordinator. She went on to briefly review the municipal profile which had been given to Councilmembers for their review. She stated that on page 11 the benefits which the City receives from this commission are listed. She then introduced David Wagner who went on to explain and review the different samples of data collected. Councilmember Theis stated according to the graphs and the other information presented, it appears that Brooklyn Center receives more than its proportionate share of services. Mr. Wagner stated from the graph it appears that Brooklyn Center does receive more than its share, but that to receive a clearer picture the information should be broken down into per capita groupings. HRA Coordinator Brad Hoffman entered the meeting at 7:17 p.m. Mayor Nyquist inquired if the Council is currently meeting the needs for financing through government or public /private partnerships. Mr. Wagner stated most of the Council's financing comes from Hennepin County. Mayor Nyquist stated that he would like to see solutions for financing needs explored in the private sector as much as possible. Mayor Nyquist thanked Ms. Cayan and the other members of the Council for being present this evening at the City Council meeting. ` CHARTER COMMISSION - RETIRING MEMBER Mayor Nyquist stated he would like to present a plaque to Ernest Erickson recognizing his service on the Charter Commission. He noted that Mr. Erickson served on the Charter Commission from 1979 until 1987. Mr. Erickson thanked the Mayor and Councilmembers. i RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Accepting Bid and Awarding Contract for Improvement Project No. 1986 -21, Earle Brown Farm Streetscape Improvement Project, Phase III, Streetscape Lighting, Contract 1986 -R. The City Manager noted staff is recommending approval of the resolution awarding the contract to Kilmer Electric Company due to the incorrect bid security being submitted from the apparent low bidder. He added that a second resolution has been prepared in the event the Council does wish to award the contract to the apparent low bidder, McNerney Industries. The Director of Public Works stated the staff recommendation is based on the original bid security discrepancy and stated after much staff investigation he would recommend that the Council not waive the irregularity and reject the low bid and award the contract to the second low bidder. He stated that the lowest bidder did know in advance of the error in the bid security and chose not to correct it. 3 -23 -87 _5_ CORRECTED COPY Councilmember Hawes inquired if the City has ever awarded a contract to McNerney Industries. The Director of Public Works stated the City has not awarded a contract to McNerney Industries in the past, and added that staff had checked the references submitted with the bid. He stated McNerney Industries is relatively new in this field and that some problems had been noted from the references checked. He added these problems had been corrected and the other cities would be happy to award a contract to him again. Councilmember Theis noted if the bid security had been sufficient the staff would be recommending award to McNerney Industries. The Director of Public Works responded affirmatively. Councilmember Theis stated that the error on the • bid security does not appear to be significant enough to show that McNerney Industries has an unfair advantage over the other bidders and he would recommend award to McNerney Industries. Councilmember Lhotka inquired if McNerney Industries had indicated why they did not attempt to change the error in the bid security before the bid was submitted. The Director of Public Works stated he has not received any comment from McNerney Councilmember y Lhotka stated that he agrees with the ; ,staff recommendation and if a bidder chooses not to follow the bid specs provided, he should not be awarded the contract. Councilmember Lhotka noted that the dollar difference for the bid security was not that great and he could not see why the correction was not made. The Director of Public Works stated apparently McNerney Industries assumed that the irregularity would be waived by the Council. Mayor Nyquist stated if the bidder is sloppy in submitting his written bid he may also have a poor quality of work. The Director of Public Works stated that staff is also concerned about that. The City Manager stated if the Council were to make it their policy to waive irregularities quite often, then it would be possible that no bidder would submit a correct bid assuming that the Council would waive the irregularity. Councilmember Scott stated she feels the bid security condition is equal in importance to everything else in the bid specs, and that if the bidder cannot comply with the bid security he does not meet specs. Councilmember Hawes stated he agrees with the basic remarks that have been stated by the other Councilmembers, but noted the difference is he cast see denying, the &yard to the lox bidder and paying an eddai.tionai $ OOO to the second lour bidder: He added if the Council awarded the contract to McNerney Industries, McNerney Industries should raise the bid security to the required 5 %. Councilmember Lhotka inquired if the Council has ever denied a contract due to insufficient bid security. The Director of Public Works stated the Council has never rejected a bid due to insufficient bid security. He noted that Council and staff has always required very strict compliance to the written specifications. There was a motion by Councilmember Theis to approve the resolution waiving he PP g irregularity in bid security and award the contract to McNerney Industries. 3 -23 -87 -6- I The Director of Public Works stated that under this resolution the contractor would be given until March 25, 1987 at 4:30 p.m. in which to provide bid security meeting the full requirements of the specifications. He stated he would like to hear the City Attorney's opinion on this matter. The City Attorney stated he felt careful consideration had been given to both sides of this issue, and that either resolution the City approves would stand up in court. He noted that this bid irregularity is quite different from the irregularity mentioned later in the agenda. He stated McNerney Industries knew of the defect and chose not to change the bid before it was submitted. He stated in the other bid award there was no ambiguity and that the error was basically a typographical error. Councilmember Hawes seconded the motion to waive the irregularities of the bid i security submitted by McNerney Industries and to award the contract to McNerney Industries. Mayor Nyquist called for a roll call vote on this item and upon vote being taken thereon, the following voted in favor thereof: Councilmembers Hawes and Theis; and the following voted against the same: Mayor Nyquist, Councilmembers Scott and Lhotka. The motion failed. RESOLUTION NO. 87 -56 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR IMPROVEMENT PROJECT NO. 1986- 21, EARLE BROWN FARM STREETSCAPE IMPROVEMENT PROJECT, PHASE III STREETSCAPE LIGHTING, CONTRACT 1986 -R The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed with Councilmembers Hawes and Theis opposed. ORDINANCES The City Manager presented An Ordinance Amending Chapter 35 Regarding the Planning Commission. He stated this item was first read on February 23, 1987, published in the City's official newspaper on March 5, 1987 and is offered this evening for a second reading. He noted this item has been amended since the first reading and staff is recommending denial of this ordinance amendment. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 Regarding the Planning Commission, and inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and 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 on An Ordinance Amending Chapter 35 Regarding the Planning Commission. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to deny An Ordinance Amending Chapter 35 Regarding the Planning Commission. The motion passed unanimously. 3 -23 -87 -7- The City Manager presented An Ordinance Amending Chapter 29 of City Ordinances to Bring Existing Terms of Office of the City Council into Conformance with the Amended City Charter. He noted this item was first read on February 23, 1987, published in the City's official newspaper on March 5, 1987 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 29 of City Ordinances to Bring Existing Terms of Office of the City Council into Conformance with the Amended City Charter, and inquired if there was anyone present who wished to speak at the public hearing, Mayor Nyquist recognized Phil Cohen who read a letter prepared by the Citizens for Better Government regarding the proposed ordinance change. Councilmember Lhotka inquired if this statement was prepared by the entire body of the Citizens for Better Government or the Board of Directors. Mr. Cohen stated this statement was prepared by the Board of Directors. Mayor Nyquist inquired if anyone else wished to speak at the public hearing. No one requested to speak and 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 on An Ordinance Amending Chapter 29 of City Ordinances to Bring Existing Terms of Office of the City Council into Conformance with the Amended City Charter. The motion passed unanimously. Councilmember Theis stated he is very comfortable voting for the extension of his term of office because it is only one year and asked that the other Councilmembers take into consideration their length of extensions. ORDINANCE NO. 87 -02 Member Gene Lhotka introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 29 OF CITY ORDINANCES TO BRING EXISTING TERMS OF OFFICE OF THE CITY COUNCIL INTO CONFORMANCE WITH THE AMENDED CITY CHARTER The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and the motion passed with Councilmember Scott opposed. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO 87001 SUBMITTED BY CONSTRUCTION 70 INC. (LEARNING TREE DAY CARE CENTER) REQUESTING SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL TO CONSTRUCT A DAY CARE CENTER IMMEDIATELY SOUTH OF THE OFFICE BUILDING AT 6040 EARLE BROWN DRIVE AND PLANNING COMMISSION APPLICATION NO 87002 SUBMITTED BY CONSTRUCTION 70 INC. REQUESTING PRELIMINARY R L S APPROVAL TO SUBDIVIDE INTO TWO TRACTS THE PARCEL OF LAND ON EARLE BROWN DRIVE BETWEEN THE PARK NICOLLET MEDICAL CLINIC AND THE OFFICE BUILDING AT 6040 EARLE BROWN DRIVE 3 -23 -87 -8- The City Manager noted these two applications were originally considered by the Planning Commission on January 15, 1987 at which time the Planning Commission tabled both applications, and approval was given by the Planning Commission at its March 12, 1987 meeting. The Director of Planning & Inspection referred the Mayor and Councilmembers to pages one through three of the March 12, 1987 Planning Commission minutes and the attached informational sheet with those minutes. He noted the minutes and informational sheet prepared for the January 15, 1987 Planning Commission meeting were also in the packet. He stated the property in question is zoned C2 and that this use would be considered a special use in a C2 zone. He briefly reviewed the original plan submitted under Application No. 87001, and noted the changes which the Planning Commission had recommended at the January 15, 1987 meeting. He went on to review Application No. 87002 and noted that the original site is 3.96 acres, and would be broken into two tracts of land with Tract A being .884 acres and Tract B 3.025 acres. He stated the Planning Commission recommended approval of Application No. 87001 subject to 16 conditions which he reviewed for the Council. He added that Application No. 87002 was also recommended for approval subject to four conditions which he reviewed for the Council. He stated a public hearing had been scheduled on both applications, and he felt the public hearings could be held concurrently. Councilmember Lhotka asked to see the site plan and elevations for the project. After some review, he stated that he would be more comfortable with the project if the exterior material would be more compatible with the surrounding buildings. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application Nos. 87001 and 87002 submitted by Construction 70, Inc. Mayor Nyquist recognized Gene Peterson, representative of the Learning Tree Day 't Care Centers. Mr. Peterson stated a brick exterior could be used to make the building more compatible with the surrounding buildings. Councilmember Theis stated that he too would like to see brick used as the exterior material. Mayor Nyquist inquired if there was anyone else present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Planning Commission Application Nos. 87001 and 87002 submitted by Construction 70, Inc. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve Planning Commission Application No. 87001 submitted by Construction 70, Inc. Learning Tree Day Care Center requesting site and building plan and special use permit approval to construct a day care center immediately south of the office building at 6040 Earle Brown Drive, 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. 3 -23 -87 -9- 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 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 prior to release of the performance guarantee. 10. Plan approval acknowledges a proof -of- parking for up to 30 parking spaces. The applicant shall execute an agreement, as approved by the City Attorney, to install said parking spaces upon -a determination by the City that they are necessary for the proper functioning of the site. This agreement shall be filed with the property prior to the issuance of building permits. 11. The plans shall be modified to provide a minimum 4' high wood fence, per ordinance requirements, between the play area and the driving and parking area. 12. The screen fence along the east side of the toddler area shall be a minimum of 8' and may "step down" to 5' along the south property line. 13. Roof drainage shall be collected and conveyed to the storm sewer in a manner approved by the City Engineer. 14. The special use permit is issued for a group day care facility only. No other special use is acknowledged by the approval. 15. The special use permit is subject to all applicable codes, ordinances and regulations including licensing by the state, any violation thereof shall be grounds for revocation. 16. A copy of the operating license for the facility shall be kept on file with the City. 3 -23 -87 -10- 17. The plans shall be modified prior to the issuance of building permits to provide a brick exterior treatment around the entire building rather than the 5/8" cedar plywood exterior shown on the plans. The motion passed unanimously. I There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Planning Commission Application No. 87002 submitted by Construction 70, Inc. requesting preliminary R.L.S. approval to subdivide into two tracts the parcel of land on Earle Brown Drive between the Park Nicollet Medical Clinic and the office building at 6040 Earle Brown Drive, subject to the following conditions: 1. The final R.L.S. is subject to review and approval by the City Engineer. 2. The final R.L.S. is subject to the provisions of Chapter 15 of the City Ordinances. 3. The applicant shall enter into a utility maintenance agreement prior to release of the final R.L.S. for filing. 4. The existing nonconforming sign located near the northeast corner of the proposed Tract B shall be removed prior to release of the final R.L.S. for filing. The motion passed unanimously. i RECESS The Brooklyn Center City Council recessed at 8:25 p.m. and reconvened at 8:39 p.m. PLANNING COMMISSION APPLICATION N0, 87005 SUBMITTED BY T UHDE /NELSON, INC REQUESTING SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A 10,000 SO FT 2 STORY OFFICE BUILDING AT 7213 BROOKLYN BOULEVARD t The City Manager noted this item was recommended for approval by the Planning Commission at its March 12, 1987 meeting. The Director of Planning & Inspection referred the Mayor and City Council to pages three through five of the March 12, 1987 Planning Commission minutes and the informational sheet attached with those minutes. He noted the property is zoned Cl and that this development is a permitted use within the Cl district. He added the development plan has been reviewed by the Shingle Creek Watershed Management Commission. The Director of Planning & Inspection went on to review the 14 conditions recommended for approval for Application No. 87005; and noted that a public hearing is not scheduled for this application because it is a permitted use in the Cl zone. Councilmember Scott inquired if the parking formula used for this building was the standard office formula or medical /dental office formula. The Director of Planning & Inspection stated that the standard office parking formula was used for this development. He noted if it were a medical /dental office development more parking spaces would be required. Councilmember Scott inquired if the City 3 -23 -87 -11- I can require more parking spaces if a medical or dental use goes into, the building. The Director of Planning & Inspection stated that staff could control the usage and parking spaces when permits for tenant improvements were issued. Councilmember Scott inquired what the Director of Planning & Inspection meant when he said this would be a "one hour construction" building. The Director of Planning & Inspection stated this term has to do with the period of time it takes for a fire to spread from one office or room to the next. Councilmember Lhotka inquired what the applicant planned to do with the south side of Shingle Creek. The Director of Planning & Inspection stated that the applicant plans to leave this area in a natural state. Mayor Nyquist inquired where the trash disposal area would be located. The Director of Planning & Inspection n stated he was P not certain what the applicant's plans were at this time. Dave Nelson, the applicant, stated he would have to work with the architect on an appropriate area and screenings for the trash disposal area. The Director of Planning & Inspection asked Mr. Nelson if a decision had been made regarding g in the exterior treatment nt for the building. Mr. Nelson stated the minimum exterior treatment would be a brick face, but that he would prefer to install a small aggregate type facing on the building. He stated this depends upon the availability of the stone and the cost of it. Councilmember Lhotka stated he would like to review the aggregate material before it is approved for i the building. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve Planning Commission Application No. 87005 submitted by Uhde /Nelson, Inc., subject to the following conditions: 1. Building Plans are subject to review and approval pproval 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. s 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. 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. 3 -23 -87 -12- 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built utility survey of the property prior to release of the performance guarantee. 10. Plan approval acknowledges proof -of- parking for up to 50 parking spaces. The applicant shall execute an agreement, as approved by the City Attorney, to install said parking spaces upon a determination by the City that they are necessary for the proper functioning of the site. This agreement shall be filed with the title to the property prior to the issuance of building permits. 11. The plans shall be modified prior to the issuance of building permits in the following manner: a) The landscape plan shall be modified to replace the three large shade trees west of the building with either decorative trees or shrubs. b) The drainage plan shall be modified to show a sediment control plan consistent with the requirements of the Shingle Creek Watershed Management Commission. 12. The applicant must obtain a permit from the Department of Natural Resources prior to the commencement of any site work in protected water areas. 13. The applicant shall provide an appropriate easement, as approved by the Shingle Creek Watershed Management Commission, over new water f detention areas. 14. The property owner shall enter into a utility maintenance agreement prior to the issuance of building ing permits, 15. The applicant shall provide a sample of the exterior treatment, which shall be either stone or brick, for review by the City Council prior to the issuance of building permits for the project. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Accepting Bid and Awarding Contract for Improvement Project No. 1987 -03, Brookdale 16" Water Main Improvement, Lions Park to County Road 10, Contract 1987 -E. The Director of Public Works reviewed for Councilmembers the memorandum submitted for their consideration regarding this item. He noted the proposal submitted by the apparent low bidder had an error in the written unit price. He stated that the extended total price for the line item appears to be within the range of the other bids, and the extended total price for this item is also reflected on the total bid price for the entire project. The Director of Public Works stated he has reviewed this matter with the City Attorney, and it is his recommendation that the contract be awarded to 0 & P Contracting, the low bidder. 3 -23 -87 -13- Mayor N uist re y yq cognized Jeff Appelquist, from the Fabyanske Law Firm, who stated he was present this evening representing the Northdale Construction Company which is the second low bidder for this project. Mr. Appelquist likened this contract to a recent court case in which the project engineer had no discretion to alter the unit price. He noted in the City's case the project engineer had to rely on outside information to determine that the unit price of $12 per linear foot was 0 & P's intended unit price versus the $1,200. Councilmember Theis stated the bidding laws are set up for the protection of the City, and that the Council does have a right to waive a regularity and informalities. The City Attorney noted the error appears to be simply a typographical error or a misplaced decimal. He noted leaving the unit price at $1,200 per linear foot would give the total bid an absurd result, and the unit price would be 100 times the usual price. He noted there is no way the low bidder can take advantage of this error in the bid. RESOLUTION NO. 87 -57 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR IMPROVEMENT PROJECT NO. 1987- 03, BROOKDALE 16" WATER MAIN IMPROVEMENT, LIONS PARK TO COUNTY ROAD 10, CONTRACT 1987 -E The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager presented a Resolution Authorizing the Transfer of Community Development Block Grant Funds to Hennepin County for Three (3) Housing and Redevelopment Grants. Councilmember Lhotka inquired where these three homes were located in Brooklyn Center. The HRA Coordinator stated that the homes were three single family homes and the addresses were not available at this time. He noted the Council would be receiving more information as to the improvements for each home as is done in all grants. F RESOLUTION NO. 87 -58 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO HENNEPIN COUNTY FOR THREE (3) HOUSING AND REDEVELOPMENT GRANTS The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. The City Manager presented a Resolution Authorizing the Mayor and City Manager to Enter into an Agreement with Funk Animal Hospital for Care of Impounded Animals. Councilmember Theis inquired how this present situation is working with the animals. The City Manager stated there appears to be less complaints using this method of animal control. RESOLUTION NO. 87 -59 Member Rich Theis introduced the following resolution and moved its adoption: 3 -23 -87 -14- RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH FUNK ANIMAL HOSPITAL FOR CARE OF IMPOUNDED ANIMALS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. DISCUSSION ITEMS RECOMMENDATION FROM THE RIVER RIDGE PARK COMPREHENSIVE PLAN AD HOC COMMITTEE The City Manager stated that after much review the River Ridge Park Comprehensive Plan Ad Hoc Committee is recommending approval of the draft plan submitted by the Suburban Hennepin Regional Park District. Councilmember Scott stated she feels the people in this neighborhood have been through quite a bit in the last three years and they deserve to have a final decision made tonight. She stated this decision should be made to allow the residents to go on with plans for the future. Mayor Nyquist recognized Bob Ellingson, a Commissioner on the Suburban Regional Park Board. He noted regional parks are usually not created by the legislators but from the regional park commissioners. He stated at this point there are $1.5 million available for acquisition of homes and property for the park, but it is unlikely additional funding will be available for quite a while. He added the park system does not generally like to condemn property and that only five properties have been condemned in the past 20 years. He stated even if the Council were to approve the park plan this evening, it could be a long time before the park actually becomes a reality. Councilmember Scott stated Mr. Ellingson's remarks indicate that the City had no more idea of this park plan than the citizens of Brooklyn Center. Mayor Nyquist stated he was quite concerned with the fact that the property could be sitting there for a number of years without a park being developed or tax revenues being given to the City. Mayor Nyquist recognized Mike Henry from the Suburban Hennepin Regional Park District who stated the priorities for funding are established by the Metro Council. He stated the park plan would have to stand on its own feet and it would be put in the pot along with all the other projects from the Metro Council. He added it is unknown how high it would rank in the priorities. Councilmember Theis inquired if the priorities have been established for this year's funding. Mr. Henry responded affirmatively and noted that some adjustments would be made if the amount of funding were cut. Councilmember Hawes stated he would like to see this area included in the regional park plan at a future date. He noted he did not want to push residents out of their homes, and would prefer to see the cost for the park spread out among all of Hennepin County not just Brooklyn Center. He stated that in his opinion it did not matter how long it takes for the park to become a reality. Councilmember Lhotka stated he had no doubt that everyone believes this area would be very good for parkland, but no matter what happens Brooklyn Center will end up paying for it. He stated Brooklyn Center will end up paying for the 3 -23 -87 -15- development of the park if it is not a regional park or they will end up paying in the lost taxes while the property sits waiting for the regional park to become a reality. He stated if the land is not included now in the regional park plan it is unlikely that it will be included at a later date. The City Manager noted the regional park in this area is basically a link in the trailway system. Councilmember Scott stated the question before the Council this evening appears to be does the Council agree with the present Comprehensive Plan which states a park should be in this area. Mayor Nyquist stated he sees the issue as much larger than just agreeing with the Comprehensive Plan. He stated before he could approve it he would need to know some implementation and completion dates. He stated he is very concerned with the property sitting there vacant, off the tax rolls, for up to 25 years. Councilmember Scott stated that she believed it would be impossible to give any type of completion date when the funding is unsure at this point. Mayor Nyquist stated he would have to have some idea of a completion date before he can vote for the project. Councilmember Theis stated he agrees with the Mayor's concerns regarding vacant property and the loss of taxes. Councilmember Lhotka inquired if a plan could be put together specifying a completion date. Mayor Nyquist inquired if the City Council were to approve the plan and agree to condemnation proceedings, when could the Suburban Hennepin Regional Park District have this park completed. Mr. Henry stated he had no way of answering that question because even if the City approves the park plan and the condemnation proceedings, the Suburban Hennepin Regional Park District would still need funding. Councilmember Hawes inquired what the Suburban Hennepin Regional Park District would propose to do with any property which is sold. Mr. Henry stated the structure would be taken down and the property would be restored to its natural state. Mayor Nyquist recognized Tony Schmidt, 5500 Lyndale Avenue North. Mr. Schmidt stated there was no question in his mind whether the residents of Brooklyn Center would like this area as a park. However, he stated the Council should review the area and ask itself, is the area really a park or only a link for a trailway system. He added that the draft plan which is before the Council this evening is exactly the same plan which the Council rejected one year ago based on the same facts as they have today. He also inquired if Brooklyn Center had to a for the ark what to p ay p t would the Council's decision be this evening. Councilmember Scott stated she does not appreciate the position which the State Legislature and the County have put the City of Brooklyn Center in, but she does feel the Comprehensive Plan is correct and that a park should be developed for this area. RESOLUTION NO. 87 -60 RESOLUTION APPROVING THE DRAFT PLAN OF THE NORTH REGIONAL PARK STUDY /PLAN DATED JUNE 12, 1986 SUBJECT TO CERTAIN CONDITIONS There was a motion by Councilmember Scott and seconded b y Councilmember Hawes to approve the resolution approving the draft plan of the North Regional Park Study /Plan dated June 12, 1986, subject to certain conditions. 3 -23 -87 -16- Mayor Nyquist inquired if the resolution could be amended to add a fifth condition which could read "the Suburban Hennepin Regional Park District commence negotiations with funding agencies to assure the development of the portion of the North Mississippi Regional Park within Brooklyn Center within ten years of the date of this resolution ". Councilmember Scott and Councilmember Hawes both agreed to this amendment. An unidentified resident inquired what the ten year deadline would mean to the residents. Mayor Nyquist stated hopefully by placing a ten year date it would ensure that definite plans are made for the park. Mr. Schmidt stated that he believes Minneapolis should develop their portion of the park first and it could expand into Brooklyn Center at a later date. Upon vote being taken on the foregoing resolution, the following voted in favor thereof: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis; and the following voted against the same: Councilmember Lhotka. The motion passed. PUBLIC UTILITIES RATE STUDY The Director of Public Works stated that he would like to briefly review the report which was prepared for the Council regarding the recommended adjustments to the public utility rates. After reviewing the three options for Councilmembers, he noted that option A would not be an acceptable alternative because the City's reserve would be depleted. He stated option C is also an unlikely alternative because there would be substantial rate increases and the reserve would be raised to quite a high level. Therefore, option B is the recommended alternative, and it would give the City and its citizens reasonable j utility rates and yield a reasonable reserve level to the City of Brooklyn Center. Councilmember Theis inquired why staff is recommending increasing the late penalty charge by 400 %. The Director of Public Works stated the late penalty charge has been at $1 for quite a long time. He noted that this $1 charge does not get the result or attention that a higher rate will receive. By placing a higher rate on the late charge there would be less delinquent accounts. Councilmember Theis stated it appears there would be substantial rate increases over the next three years, and he believes this is too short of a time to increase the rates. Councilmember Lhotka noted he is also concerned regarding a price increase each year. The City Manager pointed out that staff is recommending an increase for only three years, not every year from 1987 on. The Director of Public Works stated the Council could adopt a resolution establishing a rate schedule for the next three years at which time a review could be done and future rates could be established if an increase were still needed. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to table the Public Utilities Rate Study until the April 6, 1987 City Council meeting. The motion passed unanimously. The City Manager reminded Councilmembers if they had any questions or concerns regarding this issue they should contact him so that information could be collected before the next Council meeting. 3 -23 -87 -17- GROUND WATER PROTECTION BILL /LOCAL EROSION AND SEDIMENT CONTROL BILL The City Manages stated that since the agenda packet had been prepared on Friday, new information had been received on this item and.the original bills have been pulled and replaced with a new proposed bill. He stated the staff recommends adoption of the resolution prepared for the Council expressing the Council's concerns and dissatisfaction regarding this proposed bill. RESOLUTION NO. 87 -61 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RELATING TO PROPOSED LEGISLATION FOR A METROPOLITAN GROUND WATER STUDY AND PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. RECOMMENDATION BY PARK AND RECREATION COMMISSION TO TELEVISE THEIR COMMISSION MEETINGS ON CABLE TELEVISION Mayor Nyquist inquired what the purpose of televising the Park and Recreation Commission meetings on cable television is. Bud Sorenson from the Park and Recreation Commission stated that he views it as a starting point to televising all Commission, Council, and Ad Hoc Committee meetings on cable TV. He stated the minutes present only the hard facts but do not convey all the information regarding how the Council or Commissions actually feel regarding an issue. Councilmember Theis inquired if staff has looked into what is involved in televising these types of meetings. The City Manager stated that a number of communities are using the community access channel for televising their meetings, but substantial improvements would have to be made to the meeting room for audio and lighting consideration. He noted this would not be an inexpensive I" process and that even though `the televising portion could be started with volunteers, eventually part -time employees would have to be hired to handle the televising of meetings. Mr. Sorenson stated that he feels the audio portion of the program is much more important than the video portion. The City Manager stated after talks with the City of Crystal it is their opinion that if the video portion of the program is of poor quality they have fewer viewers. Mr. Sorenson stated at the very least he would like to see the agendas for the meetings appear on cable TV. There was a general consensus among Councilmembers that agendas for the various Commission and Council meetings should be placed on cable TV. The City Manager stated he would develop some estimates regarding the needed improvements for televising meetings on cable TV for the May 18, 1987 City Council meeting. 1987 - 1989 MAMA 49 MASTER AGREEMENT There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the 1987 to 1989 MAMA 49 Master Labor Agreement. The motion passed unanimously. 3 -23 -87 -18- ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:14 p.m. i City Clerk May 3 -23 -87 -19-