Loading...
HomeMy WebLinkAbout1987 11-23 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA r REGULAR SESSION NOVEMBER 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 7:05 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 Sanitarian Tom Heenan, City Attorney Charlie LeFevere, HRA Coordinator Brad Hoffman, and Personnel Coordinator Geralyn Barone. INVOCATION The invocation was offered by Councilmember Lhotka. OPEN FORUM Mayor Nyquist recognized Arnold Land, 6845 York Place North, Brooklyn Center, who said he is representing six homeowners in the Earle Brown Farm Town Houses near 69th Avenue North and Shingle Creek Parkway. He referenced two newspaper articles from the Brooklyn Center Post from 1972 and 1973 which note part of the conditions for approval of the town homes was installation of a 6 foot fence and planting of trees. Mr. Land proceeded to describe fraudulent claims made by the contractor, including the erection of a fence that never has been installed and planting of trees that never were planted. He said at the rear portion of the town house complex, dirt, concrete, and old curbing has been dumped onto the property, making the area look like a dumping ground. Mr. Land said the town home association does not have enough reserves to maintain the back property and thought perhaps the City Council could foreclose on the bond issued to the contractor. The City Manager said he will investigate this complaint and report back to Mr. Land and the City Council. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. Councilmember Theis requested item 7b be removed from the consent agenda, and Mayor Nyquist removed item 7k from the consent agenda. APPROVAL OF MINUTES - NOVEMBER 9 1987 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the November 9, 1987, City Council meeting. The motion passed unanimously. 11 -23 -87 _1_ RESOLUTIONS RESOLUTION 87 -212 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1987 -D (1987 DISEASED SHADE 1 TREE REMOVAL PROGRAM, IMPROVEMENT PROJECT NO. 1987 -06) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -213 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF ONE (1) FRONT END LOADER WITH ACCESSORY EQUIPMENT (APPROPRIATION WITHIN THE 1988 BUDGET) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -214 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF A REPLACEMENT SQUAD CAR The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -215 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATION AND AUTHORIZING THE PURCHASE OF A MID SIZE EXTENDED CAB The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -216 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE BROOKLYN CENTER LIONS CLUB The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -217 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING ADJUSTMENTS TO THE 1987 BUDGET OF THE NORTH METRO CONVENTION AND TOURISM BUREAU 11 -23 -87 -2- The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 87 -218 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING REIMBURSEMENT OF EXPENSES FOR JAMES MOFFET REPRESENTING THE ALL - AMERICA CITY COMMITTEE 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: COMMERCIAL KENNEL Snyder Brothers Drug Store 1296 Brookdale Center ITINERANT FOOD ESTABLISHMENT Brooklyn Center Lions 6500 Humboldt Ave. N. RENTAL DWELLING Initial: Henry W. Norton 5240 Drew Ave. N. Arnold Borsch 5341 Penn Ave. N. Renewal: Leonard H. Schollen 5305 4th St. N. Karl I. Stendal 5456 Emerson Ave. N. Darlene Dimitroff 6442 Indiana Ave. N. Clifford Lane & Dorothy Ernst 6927 June Ave. N. Hallard N. Corey 4201 Lakeside Ave. N., #118 Michael E. Schultz 4207 Lakeside Ave. N., #127 Jonathan Cain 4207 Lakeside Ave. N., #135 Ernest W. Gertzen 5347, 49 Penn Ave. N. Carin Lee Rudolph 5318, 20 Queen Ave. N. Gene & Anna Gullord 5337, 39 Queen Ave. N. Robert Messersmith 5338 Queen Ave. N. Robert & Arlene Johnson 7218, 24 West River Road Harold & Howard Swanson 7240 West River Road SERVICE STATION Brookdale Mobil 5710 Xerxes Ave. N. Brooklyn Center Municipal Garage 6844 Shingle Creek Pkwy. Brooklyn Service Center 6901 Brooklyn Boulevard Christy's Auto Service 5300 Dupont Ave. N. Humboldt Avenue Service 6840 Humboldt Ave. N. Northern States Power 4501 68th Ave. N. Total Petroleum, Inc. 6830 Brooklyn Blvd. Wes' Amoco 6044 Brooklyn Blvd. 11 -23 -87 -3- I The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Accepting Work Performed under Contract 1987 -H ( Satellite /Dumpster Enclosures, Park Improvement Project No. 1987 -13). Councilmember Theis pointed out the resolution is in error as written, and he specified item 2 in the resolution should include "the value of the work performed is less than the original contract amount plus change order No. 1 and supplemental agreement No. 1." RESOLUTION NO. 87 -219 Member Rich Theis introduced the following resolution and moved its adoption as amended in item 2: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1987 -H (SATELLITE /DUMPSTER ENCLOSURES, PARK IMPROVEMENT PROJECT NO. 1987 -13) 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 Engineer's Report Regarding Rehabilitation of Well House No. 5 and 6 (Improvement Project No. 1987 -20) and Accepting Proposal for Architectural Services Relating to the Preparation of Construction Plans and Specifications and Construction Supervision of Project. The City Manager noted the question raised by Councilmember Lhotka at the last Council meeting regarding terracing of the roof has been responded to in a memorandum from the Director of Public Works. The Director of Public Works proceeded to review an example of what terracing is. Councilmember Lhotka asked what the planned taper for the City's buildings will be, and the Director of Public Works said this has not yet been designed; his best estimate is that it will be similar to or a little less than the examples shown. Councilmember Lhotka asked what will go over the installation, and the Director of Public Works proceeded to review the options for roofing materials. He noted generally the City will lean to a modified or built -up roof. Councilmember Lhotka asked if the City will really be helping the situation much, especially with regard to snow. The Director of Public Works said there will be a tapered roof at the community center, and the City's architect felt this is sufficient to prevent deterioration caused by water build up. Councilmember Lhotka said he has a difficult time realizing the recommendation will be effective on the smaller buildings. There was further discussion between Councilmember Lhotka and the Director of Public Works on how the tapering works. Councilmember Lhotka inquired about the costs of the project, and the Director of Public Works said the terracing is somewhat cheaper than an alternate suggested by Councilmember Lhotka. Councilmember Lhotka said he still has real doubts on the comparison of cost, but because the Director of Public Works seems sure the cost will be the same, he will go along with it. The Director of Public Works said after discussions with the architects, he is confident the City will have good results. 11 -23 -87 -4- Councilmember Hawes expressed concern about the insulation, and the Director of Public Works said it would not be a problem. He stated further the architects have a good deal of experience with these structures and he is going on the recommendation of the architects. RESOLUTION NO. 87 -220 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING ENGINEER'S REPORT REGARDING REHABILITATION OF WELL HOUSE NO. 5 AND 6 (IMPROVEMENT PROJECT NO. 1987 -20) AND ACCEPTING PROPOSAL FOR ARCHITECTURAL SERVICES RELATING TO THE PREPARATION OF CONSTRUCTION PLANS AND SPECIFICATIONS AND CONSTRUCTION SUPERVISION OF PROJECT The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Authorizing the Purchase of a 3/4 Ton Cab- Chassis for the Public Utilities Department. He said this is a replacement vehicle and the memorandum in the agenda packet describes the equipment. Councilmember Lhotka asked why this is not considered during the normal budget process, and the City Manager noted the Public Utilities Department is not part of the City's budget. RESOLUTION NO. 87 -221 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF A 3/4 TON CAB- CHASSIS FOR THE PUBLIC UTILITIES DEPARTMENT 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 Accepting Quotation and Authorizing the Purchase of a Mid Size Pickup for the Public Utilities Department. He noted this request is similar to the previous one. RESOLUTION NO. 87 -222 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATION AND AUTHORIZING THE PURCHASE OF A MID SIZE PICKUP FOR THE PUBLIC UTILITIES DEPARTMENT 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 Amending Article VII of the Advisory Commission Bylaws. Mayor Nyquist said he requested removal of this from the consent agenda because the more he read the amendment, the more he had problems with it. He feels it is dangerous as proposed, and the previous language is reasonable. 11 -23 -87 -5- There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to table the Resolution Amending Article VII of the Advisory Commission Bylaws and to send it back to the Park and Recreation Commission requesting more appropriate language. The City Manager said this will also be reviewed with the City Attorney. Upon vote being taken on the foregoing motion, the motion passed unanimously. PUBLIC HEARINGS The City Manager said a hearing on a Resolution of Intent to Organize Collection of Refuse within the City of Brooklyn Center is scheduled for this evening. He pointed out that a number of communities are passing resolutions similar to this. He said the resolution would require the City to look at recycling goals during the next 90 days, and it may require changes in the way refuse is handled in the City at this time. The City Manager said there are three alternatives: have the existing haulers organize their collection process; bid out the collection to one contractor; or hire our own personnel. He said the latter option is the least attractive, and the bidding process has some disadvantages, especially because it limits competition; the preferred choice is to negotiate with the existing haulers. He said the best of all worlds would be to keep costs close to what they are now. The City Manager said the cities of Brooklyn Park, Crystal, and New Hope are interested in participating in a joint powers agreement with Brooklyn Center and the existing haulers. Staff recommends this alternative. Mayor Nyquist asked if the City Manager thinks municipalities could achieve their goals at the estimated cost. The City Manager said this is an estimate and pointed out the City of Champlin is providing service for less than proposed. He proceeded to review the costs involved. Councilmember Theis asked if under any of the proposals the residents would have a choice of haulers. The City Manager said they would not. He added a large percentage of waste is from yards and recyclables, and it would take separate vehicles to collect the various types of waste. He said it would not be a good idea to have three different haulers a week coming to a residence in addition to having a variety of vehicles coming up and down the streets all week servicing other residences. Councilmember Theis expressed concern over the costs and said he would like to see them regulated if possible. The City Manager said some cities are using one contractor and said this is fine if you do get a good contractor; however, there can be problems associated with this also. He pointed out because a contract would be negotiated with the haulers and a contractual relationship is established between the City and the consortium of haulers, the quality of service can be controlled through the contract. Councilmember Theis asked about the billing process for refuse service, and the City Manager said some cities do the billing and others have the contractors do it. He noted there is better control over the service if the City bills the users, but then the City receives all the complaints. Councilmember Theis pointed out if the City does not get involved in service, the homeowner would have no one to go to if there is a problem with the contractor. The City Manager said ultimately a resident would complain to the City because of the contract with the haulers. His point was if your name is on the bill, you would 11 -23 -87 -6- receive the first complaint. He added the City does license haulers and inspect their vehicles; the City could revoke licenses if standards are not meta Mayor Nyquist asked if apartments would be covered by this process, and the City Sanitarian said only single family homes and duplexes would be included. The City Manager noted the landfills are being filled at an alarming rate and there are things being put in that could be recycled. He said the first step of the process is to remove the items that do not need to go to the landfill. He added there is no question that costs will increase in the long term. The City Manager said he believes the City should seriously consider joining with other cities and feels there are enough haulers to get a good balance for good service. Councilmember Hawes cited a company in Hopkins that provides garbage containers to its customers, and he wondered if the City would require each hauler to provide such containers. The City Sanitarian said it would probably be up to the individual hauler. The City Manager said this would not be included in the contract. Councilmember Hawes asked if the City of Hopkins still allows residents to push leaves into the street for a sweeper to collect, and the City Manager said he was not sure, but this is not a very efficient way to collect leaves. Mayor Nyquist opened the meeting for the purpose of a public hearing on a Resolution of Intent to Organize Collection of Refuse within the City of Brooklyn Center. He recognized Tom Hagel who said he supports the resolution and asked the City of Brooklyn Center to look at supporting the container deposit bill in the legislature. He proceeded to review the benefits of doing so and said he feels that such a bill would reduce litter and encourage recycling. He said a container deposit bill is not the total answer, but it is a good start. Mr. Hagel encouraged the City Council to support this bill. 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 Lhotka to close the public hearing on a Resolution of Intent to Organize Collection of Refuse, within the City of Brooklyn Center. The motion passed unanimously. RESOLUTION NO. 87 -223 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION OF INTENT TO IMPLEMENT A COOPERATIVE REFUSE AND RECYCLING COLLECTION SYSTEM IN THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes. Councilmember Theis asked what the next step would be if the resolution passes. The City Manager said, with approval of the City Council, staff will convene a meeting with the haulers serving Brooklyn Center and explore a Joint Powers Agreement with Brooklyn Park, Crystal, and New Hope. Then staff will return to 11 -23 -87 -7- the City Council with a joint powers agreement outlining the specifics of the program at that time. If the City is unable to prepare such an agreement, other alternatives will be explored. It was the consensus of the Council that staff be directed to pursue a joint powers agreement with other interested cities and try to negotiate a contract with the haulers organized as a consortium. Upon vote being taken on the foregoing motion, the motion passed unanimously. HEARING ON REVENUE SHARING FUNDS The City Manager said a public hearing is scheduled regarding revenue sharing funds. He said there is a residue of money from revenue sharing and staff is requesting this money be appropriated to the proper accounts. Mayor Nyquist opened the meeting for the purpose of a public hearing on revenue sharing funds 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 Hawes and seconded by Councilmember Scott to close the public hearing on revenue sharing funds. The motion passed unanimously. y Councilmember Theis asked if there will be an increase in the appropriation to the general fund as a result of this. The Director of Finance said 'the ' money will be transferred to the contingency fund in the unallocated unit, but it will be appropriated for specific items. RESOLUTION NO. 87 -224 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1988 GENERAL FUND BUDGET FOR THE TRANSFER OF REVENUE SHARING FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. ORDINANCES The City Manager presented An Ordinance Amending Chapter 25 Changing the Name of 57th Avenue North between Lyndale Avenue North and T.H. No. 100 and County State Aid Highway No. 10 between T.H. No. 100 and the West Corporate Limit to Bass Lake Road. He said this ordinance was first read on October 26, 1987, published in the City's official newspaper on November 5, 1987, and is' offered this evening for a second reading. He said notices of this hearing have been sent to property owners and residents of property abutting this route. The Director of Public Works presented an overview of the request initiated by two property owners on the central portion of the route who requested changing the name of the roadway to Bass Lake Road. He said the first reading approved the renaming of the entire roadway starting at 57th and Lyndale Avenues North and proceeding to the western corporate limits, renaming all of this as Bass Lake Road. He said following the first reading, the engineering department sent notices to the property owners of record, and in the case of absentee owners, to 11 -23 -87 -8- i the residents at the addresses along this route. A return card was enclosed for the residents inquiring as to their preference on this issue. The Director of Public Works proceeded to review a summary of the responses received. l Councilmember Theis asked if this proposal were approved, how the changeover would take place. The Director of Public Works said the process, as discussed with the postmaster, would be to have the City notify the post office of any changes made. Then the property owners would receive notices from the post office requesting the residents to make the change in their address during the next six months. All business accounts, personal correspondence, and so on, would have to be changed. After the initial six month period, for one additional year, anyone who submits a change of address notice that says they are in the process of changing their address could have service continued at the old address for that additional year. Following this entire 18 month period, all property owners would be expected to change their addresses to the new ones. The Director of Public Works pointed out all mail carriers have been instructed that if they are familiar with an address and the intent is obvious, they are required to deliver the mail. The City Manager said he received two phone calls regarding this. A concern is that it would be a burden to change all addresses, especially if someone is on a number of mailing lists. Councilmember Scott said she received four phone calls from people living west of Brooklyn Boulevard and four calls from people living east of T.H. 100. She said all were strongly opposed to any change, especially if only two businesses are the ones who want the change made. Included in the problems associated with the name change would be having to change all mailing address information. An additional problem is associated with service people trying to find the location of a property. Councilmember Scott said she objects to asking residents to change their addresses to oblige two businesses. Mayor Nyquist pointed out the two businesses are only asking for addresses. Councilmember Lhotka asked what the official names of the sections of this roadway are. The Director of Public Works proceeded to review the variety of names used along this roadway, particularly between T.H. 100 and Brooklyn Boulevard. The Director of Planning and Inspection said the property addresses used by the City for issuing permits include the following; east of T.H. 100 to Lyndale Avenue North is known as 57th Avenue North; between T.H. 100 and Brooklyn Boulevard is known as County Road 10; and west of Brooklyn Boulevard to the City's corporate limits is known as 58th Avenue North. Councilmember Scott asked how many businesses are located between T.H. 100 and Brooklyn Boulevard, and the Director of Public Works said approximately seven. The Director of Public Works said in the short term there would be a good deal of confusion over the name change if approved, but the City should make a decision based on the long -term affect. Councilmember Scott said the whole problem is the area contingent to Brookdale and perhaps the City needs to have one address for this area. The City Manager asked the Director of Public Works if the post office would certify both the existing addresses plus the addition of Bass Lake Road. The Director of Public Works said once the City Council takes action, the post office would go along with only one official name. 11 -23 -87 -9- I __ Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 25 Changing the Name of 57th Avenue North between Lyndale Avenue North and T.H. No. 100 and County State Aid Highway No. 10 between T.H. No. 100 and the West Corporate Limit to Bass Lake Road. He recognized Ms. Barbara Sexton, 3824 58th Avenue North, Brooklyn Center, who said she is very opposed to changing her address. She pointed out that the Brooklyn Historical Society would also have a change of address and it would take a long time to get all addresses changed. Mayor Nyquist recognized Ms. Sharon Baker, 806 57th Avenue North, Brooklyn Center, who said she lives on the easterly portion of this roadway and strongly opposes any change. She said she has lived here for 18 years and there has never been a problem receiving mail or having problems with service people finding her home. She said changing addresses would be an expense and it is not fair for the residents to make a change to please a few businesses. Ms. Baker asked the Council to leave the rest of the residents alone and take care of the businesses separately. Mayor Nyquist recognized Ms. Bernice Vaillancourt, 1000 57th Avenue North, Brooklyn Center, who said she wants to keep her address. She pointed out there are already streets in Brooklyn Center with two different addresses, including 69/70th Avenue North and 65/66th Avenue North. She asked the Council to please leave the road as it is. 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 Hawes and seconded by Councilmember Lhotka to close the public hearing on An Ordinance Amending Chapter 25 Changing the Name of 57th Avenue North between Lyndale Avenue North and T.H. No. 100 and County State Aid Highway No. 10 between T.H. No. 100 and the West Corporate Limit to Bass Lake Road. The motion passed unanimously. Councilmember Scott said she would like to deny the ordinance change. She recommends the City Council get together with the businesses to determine what they would like to name the section between T.H. No. 100 and Brooklyn Boulevard. She feels Bass Lake Road is not the proper designation. The City Manager said the Council may wish to table the ordinance if another change is going to be considered; this would cut down on the cost of publishing notices of an ordinance change in the newspaper. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to deny the ordinance and leave the roadway as it is. Councilmember Theis said he feels there is some confusion in the center section and also agrees with the residents' concerns. He said there is some merit in changing the name of the center section. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to table An Ordinance Amending Chapter 25 Changing the Name of 57th Avenue North between Lyndale Avenue North and T.H. No. 100 and County State Aid Highway No. 11 -23 -87 -10- 10 between T.H. No. 100 and the West Corporate Limit to Bass Lake Road. Upon vote being taken on the foregoing motion, the following voted in favor thereof: Dean Nyquist, Bill Hawes, and Rich Theis; and the following voted against the same: Gene Lhotka and Celia Scott, whereupon said motion passed. The City Manager said he will check with businesses between T.H. 100 and Brooklyn Boulevard on their preferences for a name for this roadway. He added this item will be back on the agenda in about one month. RECESS The Brooklyn Center City Council recessed at 8 :49 p.m. and reconvened at 9:07 p.m. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 87026 SUBMITTED BY THOMPSON LUMBER REQUESTING A SITE AND BUILDING PLAN APPROVAL TO RELOCATE A METAL BUTLER BUILDING FROM ITS MINNEAPOLIS LOCATION TO THE LUMBER YARD AT 4810 NORTH LILAC DRIVE (OLD FEDERAL LUMBER SITE) The City Manager presented Planning Commission Application No. 87026 submitted by Thompson Lumber. The Director of Planning and Inspection referred the City Council to pages one and two of the November 12, 1987, Planning Commission minutes and the information sheet attached with the minutes regarding Planning Commission Application No. 87026. He proceeded to review the application and said the Planning Commission recommended approval of the application subject to seven conditions. The Director of Planning and Inspection said the seventh condition can be deleted because the City received the topographical survey today. Councilmember Lhotka and the Director of Planning and Inspection proceeded to discuss the type of siding on the structure. Councilmember Hawes inquired about the material used for the roof and was responded to by the Director of Planning and Inspection. Councilmember Hawes said he thought the ordinance did not allow for outside storage, and the Director of Planning and Inspection said an I -2 zone allows for this except if it abuts residential property. Councilmember Lhotka asked why the applicants are moving the building, and the Director of Planning and Inspection said they feel the building is salvageable from their other lumber yard, and there is space available here. Councilmember Lhotka asked if the applicants are going to continue using the entire area, and the Director of Planning and Inspection said they intend to use the entire old Federal Lumber site for lumber storage. The Council proceeded to review and discuss the elevations and drawings of the buildings. Councilmember Lhotka and the Director of Planning and Inspection proceeded to discuss further the materials used for the siding of the building. Councilmember Lhotka said he would like the sight lines to be where the product cannot be seen from public view. The Director of Planning and Inspection suggested adding this as a condition of the application. Mayor Nyquist noted there is no hearing required for this application. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve Planning Commission Application No. 87026 submitted by Thompson 11 -23 -87 -11- Lumber requesting a site and building plan approval to relocate a metal, Butler building from its Minneapolis location to the lumber yard at 4810 North Lilac Drive (Old Federal Lumber site), 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. Utility 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. The storage 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. 5. The applicant shall enter into a restrictive covenant agreement to provide up to 86 additional parking stalls on the site upon a determination by the City that the stalls are needed for the proper functioning of the site. Said agreement to be executed and filed with the title to the property prior to the issuance of permits. 6. The property owner shall enter into an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems prior to the issuance of permits. 7. Plan approval authorizes the use of a rough cedar siding exterior treatment on the east and west walls of the relocated building. If the metal siding on the north and south walls of the building proves to be visible to the public, the applicant then shall be required to provide a rough cedar siding exterior treatment on the north and south walls of the building. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 87023 SUBMITTED BY JAMES ANDRESCIK REQUESTING A VARIANCE FROM SECTION 35-400 OF THE ZONING ORDINANCE TO ALLOW A ZERO SETBACK FOR AN ATTACHED GARAGE PRESENTLY BUILT OVER THE SIDE PROPERTY LINE AND STORM SEWER EASEMENT AND PLANNING COMMISSION APPLICATION NO. 87024 SUBMITTED BY JAMES ANDRESCIK REQUESTING A VARIANCE FROM THE SUBDIVISION ORDINANCE TO ALLOW A LAND TRANSFER BY METES AND BOUNDS DIVISION RATHER THAN BY FORMAL PLATTING The City Manager said these items were recommended for approval by the Planning Commission at its October 15, 1987, meeting. The City Council opened the public hearings on these applications at its November 9, 1987, meeting and continued 11 -23 -87 -12- the hearings to this evening's meeting. The Director of Planning and Inspection said the applicant had been requested to present a signed copy of an agreement and a copy of a proposed temporary easement, as well as a letter of credit naming the City in the letter. The applicant had presented a personal letter of credit which did not name the City. After reviewing this with the City Attorney, the Director of Public Works said he recommends tabling these applications for two weeks so the letter of credit can be put in proper form. He said he feels this is necessary since there are numerous actions being looked at by the City and feels it would not have been proper to ask the City Council to take action this evening. He further requested all items related to these applications be tabled to the next meeting. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to table to the next City Council meeting Planning Commission Application Nos. 87023 and 87024; a Resolution Approving Agreement for the Relocation of a Storm Sewer within the Public Utility Easements between Lots 46 and 47, Block 6, Pearson's Northport Third Addition; and An Ordinance Vacating Portions of the Public Utility Easements Located on Lots 46 and 47, Block 6, Pearson's Northport Third Addition. The motion passed unanimously. DISCUSSION ITEMS IMPROVEMENTS OF FRANCE AVENUE NORTH FROM SOUTH CITY LIMITS TO 50TH AVENUE NORTH: LAKEBREEZE AVENUE NORTH FROM T.H. 100 TO AZELIA AVENUE NORTH: 50TH AVENUE NORTH FROM T.H. 100 TO FRANCE AVENUE NORTH: AND LOGAN AVENUE NORTH FROM 57TH AVENUE NORTH TO 59TH AVENUE NORTH The City Manager requested the City Council to review these improvement projects as potential projects for 1988. Once reviewed and preliminarily approved, staff will bring back formal requests to the City Council. The Director of Public Works said these are preliminary proposals, and staff feels there is a need for improvements which could be constructed in 1988. He noted all projects except for the Lakebreeze Avenue North one are designated as state aid streets. He said he will review the projects and obtain City Council input on whether or not to proceed with these further. If the Council agrees to do so, proposals would be presented to the Council in late December or early January. At that point, if the City Council approves the proposals, the next step would be to plan public hearings. The City would be in a position to take bids in late April and begin the projects by May 1988. The Director of Public Works said the encumbered balance of the City's municipal state aid funds is $1,643,000, and the City is at a point that if the funds are not used, future year allocations may be reduced. He pointed out that the Minnesota Department of Transportation does have an aggressive policy of doing this. He added if the City does not do' any of these projects in 1988, it would start to realize the penalty of a reduced appropriation in 1989. The Director of Public Works proceeded to review the proposals, noting all streets are designated as municipal state aid streets except Lakebreeze Avenue North which is included because there are problems with the geometric design of the roadway and there is no curb, gutter, and sidewalks. He said in discussions with the health club and other property owners in the area, he found support for installing concrete curb and gutter. He added residents in the area have requested installation of a sidewalk on Lakebreeze Avenue North from Azelia to 11 -23 -87 -13- France Avenues North. He proceeded to review the proposal for Logan Avenue North, noting one reason why the street is in such bad condition is because there is very poor drainage. Councilmember Scott asked if there is any way to fix the lake that always forms at 57th and Humboldt Avenues North. The Director of Public Works reviewed the location of the storm sewers in the area. He said he had not been aware of the problem at 57th and Humboldt Avenues North, but would investigate it he added the solution to this problem is probably independent of the Logan Avenue North improvements. Councilmember Lhotka asked if the area indicated on the map that shows Logan Avenue North narrowing down actually does so on the roadway. The Director of Public Works said the width of the road is the same and the map shows the existing right of way, which may be deceiving. Mayor Nyquist asked if the highway department has plans for adding an interchange at T.H. 100 and France Avenue North. The Director of Public Works said there is nothing in the plans now for this. Fifteen years ago there was, but in the last six years, nothing has been programmed (programs go beyond the Year 2000). The Director of Public Works proceeded to show a slide presentation of the areas in question. Councilmember Theis asked if there is sufficient funding available for these projects, and the Director of Public Works responded affirmatively. He said although Lakebreeze Avenue North is not a municipal state aid road, the majority of the property is assessable and levying special assessments would be considered. Councilmember Theis asked about the funding of the storm sewer projects, and the Director of Public Works said most of the work is eligible for funding from the state's fund. In areas where there are drainage problems, the intention is to recommend levying special assessments. Councilmember Theis wondered if money is used in these projects, whether or not there would be money available for improvements of 69th Avenue North around Palmer Lake. The Director of Public Works said probably not; however, staff hopes when more detailed estimates are available they may be lower than expected. He said the City does not have to use the entire state aid funds that it is eligible for on a project and could reserve some money in a special account which could be used for the project on 69th Avenue North. Councilmember Lhotka asked if these four projects are high priorities, and the Director of Public Works responded affirmatively. He said they represent streets in the worst condition in the City. After this, 69th Avenue North is the next priority. He noted the City has hired an engineer to do a traffic and environmental study on 69th Avenue North and does not think this project could be started until 1989. However, the City should begin acquisition of right of way on 69th Avenue North in 1988. RESOLUTION NO. 87 -225 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECTS AND ORDERING PREPARATION OF REPORTS ON LOGAN AVENUE IMPROVEMENT PROJECT NO. 1988 -04, FRANCE AVENUE IMPROVEMENT PROJECT NO. 1988 -05, LAKEBREEZE AVENUE IMPROVEMENT PROJECT NO. 1988 -06, AND 50TH AVENUE IMPROVEMENT PROJECT NO. 1988 -07 11 -23 -87 -14- The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. Councilmember Theis said he would like to see a report with the costs for improvement of the area between T.H. 100 and the Soo Line Railroad on France Avenue North listed separately. Councilmember Hawes asked if the curb and gutter improvements include driveway aprons, and the Director of Public Works responded affirmatively. Upon vote being taken on the foregoing resolution, the motion passed unanimously. APPROVAL OF 1988 CITY COUNCIL MEETING SCHEDULE The City Manager presented the 1988 City Council meeting schedule and pointed out the adjustments made for the September meetings because of the budget review process. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the 1988 City Council meeting schedule as presented. The motion passed unanimously. Mayor Nyquist referred to a letter he received from the City of Crystal regarding organized collection and asked if the City wants to respond to this. No action was taken by the City Council regarding this. The City Manager presented a Resolution Authorizing Participation in the Logis Group Health Plans. He said everyone of the instrumentalities previously with Hennepin County joined the group, and the City's costs will not change. Councilmember Theis asked how much the employees have been involved in this process, and the City Manager said the employees and union representatives have been kept informed during the process. RESOLUTION NO. 87 -226 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING PARTICIPATION IN THE LOGIS GROUP HEALTH PLANS 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 Appropriating Funds for Items Relating to the Redesignation of the Social Hall as Constitution Hall. The Director of Public Works said he met with Bill Lakotas, chairman of the Brooklyn Center Constitution Committee, and agreement has been reached on a proposal for an emblem for Constitution Hall. The emblem will be smaller than originally proposed because of cost considerations. The Director of Public Works said the preliminary budget for this was $8,915 and bids exceeded $14,000. There were efforts to reach a solution to this, and a different supplier and emblem have been obtained for a total cost $7,570. The Director of Public Works said the Constitution Committee has agreed to reimbursing the City for this cost. It will be established as a City expenditure to be reimbursed by the Constitution Committee. Councilmember Theis said he cannot relate to the cost for the emblem 11 -23 -87 -15- and also asked for a further description of the signs over the entry way doors to the hall. The Director of Public Works proceeded to describe them. RESOLUTION NO. 87 -227 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROPRIATING FUNDS FOR ITEMS RELATING TO THE REDESIGNATION OF THE SOCIAL HALL AS CONSTITUTION HALL The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. Mayor Nyquist said a few years rs a o the olive Y g p department did a good job of solving the Peterson murder. He said he was incensed when the City was sued, and really incensed when he found out the City had/ to pay $25,000. He asked what control the City has over these types of incidents, what effect there is on insurance premiums, and he asked if the City should get out of the liquor business. The City Manager proceeded to review the insurance situation. The Director of Finance said he did not think the insurance premiums will be affected. The City Manager pointed out this is becoming a litigious society and the liquor store is one minor aspect of the City's endeavors. Mayor Nyquist asked if an executive session will be needed to discuss the law suit filed b residents who live in the area of the Bill Kelly House and the City Manager said this may be necessary at some point. The City Attorney will review the suit and make a recommendation on whether an executive session is necessary. Mayor Nyquist said he hopes the City does not spend a lot of time and money defending this. 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 10 :46 p.m. -p- City Clerk Ma i 11 -23 -87 -16-