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HomeMy WebLinkAbout1987 12-14 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 14, 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, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Engineer Henry Spurrier, Chief of Police Jim Lindsay, City Attorney Charlie LeFevere, HRA Coordinator Brad Hoffman, and Personnel Coordinator Geralyn Barone. INVOCATION The invocation was offered by Mayor Nyquist. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the open forum session this evening. He inquired if there was anyone present in the audience who wished to address the Council. There being none, he continued with the regular agenda items. The City Manager informed the Council that a report addressing concerns of the open forum at the November 23, 1987, meeting has been completed and will be delivered to the Council. RECESS The City Council recessed to meet as the Economic Development Authority at 7 :06 p.m. and reconvened at 7:34 p.m. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. Councilmember Hawes requested items 10d and 10k be removed from the consent agenda. APPROVAL OF MINUTES - NOVEMBER 23 1987 - REGULAR SESSION There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the minutes of the November 23, 1987, City Council meeting. The motion passed unanimously. MAYORAL APPOINTMENT - WEED INSPECTOR There was a motion by Councilmember Hawes and seconded by Councilmember Scott to appoint Brad Hoffman as the City's Weed Inspector for 1988. The motion passed unanimously. 12 -14 -87 -1- PERFORMANCE BOND RELEASES BROOKDALE CORPORATE CENTER II There was a motion by Councilmember Hawes and seconded by Councilmember Scott, to release the performance bond for the property at 6200 Shingle Creek Parkway. The motion passed unanimously. MADSEN FLORAL TOWNHOUSES There was a motion by Councilmember Hawes and seconded by Councilmember Scott to release the performance bond for the property at 55th Avenue North and Aldrich Drive. The motion passed unanimously. HIWAY 100 NORTH FRANCE RACQUET SWIM AND TENNIS CLUB PARKING LOT There was a motion by Councilmember Hawes and seconded by Councilmember Scott to release the performance bond for the property at 4001 Lakebreeze Avenue North. The motion passed unanimously. LACASITA RESTAURANT There was a motion by Councilmember Hawes and seconded by Councilmember Scott to release the performance bond for the property at 2101 Freeway Boulevard. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 87 -229 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1986 -R (EARLE BROWN FARM STREETSCAPE, IMPROVEMENT PROJECT NO. 1986 -21 PHASE III, STREETSCAPE LIGHTING) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 87 -230 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1987 -B (WATER TOWER 'NO. 1, RECONDITIONING PROJECT NO. 1987 -02) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 87 -231 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER IMPROVEMENT PROJECT NO. 1987 -18 (PAINTING OF THE EAST AND WEST FIRE STATIONS AND LIQUOR STORE NO. 2) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 12 -14 -87 -2- RESOLUTION NO. 87 -232 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATION AND AUTHORIZING THE PURCHASE OF A NEW LINER FOR THE FILTER TANK FOR THE COMMUNITY CENTER SWIMMING POOL (APPROPRIATION WITHIN THE 1988 BUDGET) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 87 -233 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A RENEWAL CONTRACT WITH GOODWILL INDUSTRIES, INC. TO OPERATE A RECYCLING CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 87 -234 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE (1) DUMP TRUCK (28,000 GVW CAB AND CHASSIS) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 87 -235 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF FOUR (4) POLICE PATROL SEDANS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 87 -236 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION TO TRANSFER SURPLUS FUNDS FROM VARIOUS SPECIAL ASSESSMENT FUNDS TO THE CAPITAL PROJECTS FUND The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 87 -237 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION TO TRANSFER SURPLUS FUNDS FROM VARIOUS DEBT SERVICE FUNDS TO THE CAPITAL PROJECTS FUND 12 -14 -87 -3- i The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 87 -238 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION TO TRANSFER SURPLUS FUNDS FROM THE OPEN SPACE LAND ACQUISITION FUND TO THE CAPITAL PROJECTS FUND The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 87 -239 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING THE QUOTATION AND AUTHORIZING THE PURCHASE OF ONE (1) COPIER The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. LICENSES There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the following list of licenses: CHRISTMAS TREE SALES LOT B & S Tree Company 5120 N. Lilac Drive CIGARETTE American Amusement Arcades 850 Decatur Ave. N. Brooklyn Center Liquor #1 1500 69th Ave. N. Brooklyn Center Liquor #2 6250 Brooklyn Blvd. Brooklyn n Center Liquor #3 y q 5711 Morgan Ave. N. Chuck Wagon Inn 5720 Morgan Ave. N. Denny's Restaurant 3901 Lakebreeze Ave. N. Red Lobster 7235 Brooklyn Blvd. Bill's Vending Service 7317 West Broadway Brooklyn Service Center 6245 Brooklyn n Blvd. Brooklyn Center American Legion 4307 70th Ave. N. Brooks Superette, Inc. 6804 Humboldt Ave. N. Country Club Market 5715 Morgan Ave. N. D.V.M. Inc. 1I9 State Street Green Mill Inn 5540 Brooklyn Blvd. Days Inn 1501 Freeway Blvd. M & S Drug Emporium 5900 Shingle Creek Pkwy. Ideal Drug 6800 Humboldt Ave. N. Duke's Standard 6501 Humboldt Ave. N. Red Owl Country Store 3600 63rd Ave. N. Wes' Amoco 6044 Brooklyn Blvd. 12 -14 -87 -4- L COMMERCIAL KENNEL Northbrook Animal Hospital 413 66th Ave. N. FOOD ESTABLISHMENT LaCasita Restaurant 2101 Freeway Blvd. GASOLINE SERVICE STATION Brookdale Car Wash 5500 Brooklyn Blvd. Brooklyn Center Post Office 6848 Lee Ave. N. Brooklyn Center Service "76" 6245 Brooklyn Blvd. Davies Water Equipment Co. 4010 Lakebreeze Ave. N. Duke's Standard 6501 Humboldt Ave. N. Green Meadows 3319 49th Ave. N. Superamerica 1901 57th Ave. N. Superamerica 6545 West River Road LODGING ESTABLISHMENT Days Inn 1501 Freeway Blvd. Northwest Residence 4408 69th Ave. N. Riverside Motel 5608 Lyndale Ave. N. Thrifty Scot Motel 6445 James Circle MECHANICAL SYSTEMS Acme Sheet Metal 2315 Hampden Ave. Aircorp 2525 Nevada Ave. N. Doody Mechanical Contractors 520 Front Ave. Guaranty Heating Co. 11741 Elm Creek Road Pump & Meter Service, Inc. 1800 2nd Street S. POOL AND BILLIARDS TABLE American Amusement Arcades 850 Decatur Ave. N. Brooklyn Center Comm. Center 6301 Shingle Creek Pkwy. Days Inn 1501 Freeway Blvd. PUBLIC DANCE Days Inn 1501 Freeway Blvd. The motion passed unanimously. MAYORAL APPOINTMENTS (CONTINUED) NORTHWEST HENNEPIN HUMAN SERVICES ADVISORY COMMISSION There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to appoint Myrtle Hall to serve as advisory commissioner to the Northwest Hennepin Human Services Advisory Commission from January 1, 1988, through December 31, 1989. The motion passed unanimously. Mayor Nyquist suggested appointments for the Human Rights and Resources Commission, Park and Recreation Commission, Planning Commission, and Housing Commission be laid over to the first meeting in 1988, and the Council concurred with this. 12 -14 -87 -5- RESOLUTIONS (CONTINUED) RESOLUTION NO. 87 -228 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MARY JO COPELAND The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. The City Manager presented a resolution amending Resolution No. 87 -210 Accepting Work Performed under Contract 1987 -E (Brookdale 16 -Inch Water Main, Improvement Project No. 1987 -03). Councilmember Hawes asked for clarification of what the $22,000 appropriated in item No. 4 of the resolution is earmarked for, and the City Engineer proceeded to explain the increase of approximately $4,200 for certain items that were not included in the original resolution. Councilmember Hawes asked if the total cost includes the $22,000, and the City Engineer responded affirmatively. RESOLUTION NO. 87 -240 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AMENDING RESOLUTION NO. 87 -210 ACCEPTING WORK PERFORMED UNDER CONTRACT 1987 -E (BROOKDALE 16 -INCH WATER MAIN, IMPROVEMENT PROJECT NO. 1987 -03) 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 Establishing the Following Projects and Accepting Proposal for Architectural Services _Relating to the Preparation of Construction Plans and Specifications and Construction Services Therefor (Improvement Project No. 1988 -01, Police Department Remodeling, Phase III; Improvement Project No. 1988 -02, Community Center Improvements, Phase II; Improvement Project No. 1988 -03, Reroof /Insulate City Garage). He said additional work in the police department has arisen since the 1988 budget was approved, and the additions include work to be done in the squad room and jail area. He suggested these additions could be considered for either 1988 or 1989. The City Manager added that modification to the jail should be considered as a higher priority than the squad room work. The City Manager said Mr. Al Mjorud of Carlson, Mjorud, Architecture Ltd. is present this evening to answer any questions about this resolution. Councilmember Theis asked if the squad room and locker room projects are deferred to 1989, whether or not the overall cost of the project would increase. The City Manager said there would be some increase, although it would not be critical. Councilmember Theis asked how much of the total items included in this proposal were in the original budget. The Chief of Police said $4`,700 was earmarked for redecorating the hallway and modifying the booking counter area, and approximately $9,800 was budgeted for the investigation area. The City Manager said the additional areas included in this request are for the jail, squad room, locker room, and booking area. 12 -14 -87 -6- Councilmember Theis asked for clarification on remodeling of the cells, and the Chief of Police said the interview room would be converted to a large cell, and cell No. 3 would become an administrative holding cell to hold seven -to eight people at one time. The interview room would be turned into a third cell. The City Manager said the overall end result would be three cells and one administrative holding cell. Members of the Council questioned the procedure used for the pickup of prisoners by Hennepin County, and the City Manager and Chief of Police discussed this with the Council. Councilmember Lhotka asked if prisoners housed here are normally picked up by the County. The Chief of Police said primarily most people are released, but there are cases when prisoners must go to the County. He referenced changes in the statutes regarding gross misdemeanors which have resulted in the City having to hold people for offenses which they did not have to in similar situations in the past. Mayor Nyquist asked if the City can take its prisoners to either Brooklyn Park or Crystal police departments. The Chief of Police said neither of these options are feasible. The Council reviewed the memorandum from the Director of Public Works and discussed the costs involved with this project. Councilmember Theis asked how many fewer people would have to be transported downtown to the County if the number of cells is expanded from three to four. The Chief of Police said he has no figure on this now, and the main concern now is safety of the prisoners. There was some discussion on suicide attempts and escapes /attempted escapes from the jail area. The City Manager said the other part of this resolution involves the reroofing and insulation of the City garage. Mayor Nyquist recognized Al Mjorud of Carlson, Mjorud Architecture Ltd. He showed a slide presentation and discussed the proposal and problems to be corrected on the roof of the City garage. Councilmember Lhotka asked how much water the roof is able to take, and Mr. Mjorud responded it will take approximately eight inches of water. He proceeded with his presentation, suggesting the City Council consider the reroofing project by using sloped insulation. He suggested a plastic foam insulation and proceeded to describe the various types of insulation and features of each of them. Mr. Mjorud recommended the use of extruded polystyrene as installation for the City garage roof. He reviewed other parts of the proposal, including tuck pointing and brick replacement. He said the recommendation includes consideration of an additional $30,000 to slope the roof on the City garage. Councilmember Lhotka asked what would happen if bids were taken for the tapered foam insulation project, and the structural engineer determined the existing structure cannot support the additional ballast and insulation load. There was some discussion regarding this, and Councilmember Lhotka said he would like the bidding process to include a second alternative for an adhered EPDM roofing system. Councilmember Lhotka and Mr. Mjorud proceeded to discuss the technical details of the roof. Councilmember Lhotka said he does not think the $30,000 is necessary for reconditioning the City garage roof. Councilmember Theis asked if the roofing alternative costing $30,000, giving slope to the City garage roof, would add additional insulation, and Mr. Mjorud responded affirmatively. Councilmember Theis asked how much life there would be if the roof was replaced with a flat roof, and Mr. Mjorud said approximately 17 years. Councilmember Theis asked if a sloped roof with the polystyrene insulation would lengthen the age of the roof, and Mr. Mjorud responded 12 -14 -87 -7- affirmatively, noting that some roofs have lasted 35 to 40 years when well maintained. Councilmember Theis asked what would have to be done for proper maintenance over a specified period of time. Mr. Mjorud recommended City staff be trained to inspect the roof and conduct such inspections at least two times a year to become familiar with problems and detect them early on before they become costly problems. Councilmember Lhotka asked what the standard warranty is of most roof systems, and Mr. Mjorud responded between five and fifteen years. RESOLUTION NO. 87 -241 There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the following resolution deleting the requirements for a sloped roof and including in the bidding process the alternative for an EPDM roofing system. RESOLUTION ESTABLISHING THE FOLLOWING PROJECTS AND ACCEPTING PROPOSAL FOR ARCHITECTURAL SERVICES RELATING TO THE PREPARATION OF CONSTRUCTION PLANS AND SPECIFICATIONS AND CONSTRUCTION SERVICES THEREFOR: IMPROVEMENT PROJECT NO. 1988 -01, POLICE DEPARTMENT REMODELING, PHASE III; IMPROVEMENT PROJECT 1988 -02, COMMUNITY CENTER IMPROVEMENTS, PHASE II; IMPROVEMENT PROJECT 1988 -03, REROOF /INSULATE CITY GARAGE The motion for the adoption of the foregoing resolution was passed unanimously. RESOLUTION NO. 87 -242 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING THE ACHIEVEMENT OF WAYNE SMITH 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 awarding insurance contracts, noting this includes boiler and machinery coverage, as well as liquor liability coverage. Councilmember Lhotka asked if staff is recommending the higher amount of $1 million coverage for liquor liability, and the Finance Director responded affirmatively. RESOLUTION NO. 87 -243 Member Rich Theis introduced the following resolution and moved its adoption RESOLUTION AWARDING INSURANCE CONTRACTS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. PLANNING COMMISSION ITEMS The City Manager presented Planning Commission Application Nos. 87023 and 87024 submitted by James Andrescik regarding items related to Lots 46 and 47, Block 6, Pearson's Northport 3rd Addition. He said these items relate to the resolution of conflicts resulting from the intrusion of the houses located at 5806 and 5812 Halifax Avenue North into the existing public utility easements. He noted in addition to the Planning Commission applications to be considered this evening, 12 -14 -87 -8- there is also a resolution and ordinance that has been before the City Council on several occasions which should be considered again this evening. Mayor Nyquist noted the public hearing on Planning Commission Application Nos. 87023 and 87024 is still open. Mayor Nyquist recognized the applicant, Mr. James Andrescik, who said he is here this evening to ask the City Council to help him out in this situation, which has been traumatic for his family. Councilmember Theis asked how the original permit was attained by the applicant. Mr. Andrescik said in 1968 he took out a permit for a garage. His neighbor, a carpenter, drew a schematic of the work, which was completed without the knowledge of the existence of the easements. He said there were no inspection papers at that time and found out about the easements when he carne to sell his property last March. Councilmember Theis asked with the easement and side yard setbacks as they are, if there would be any other way the garage and addition could have been built. The applicant said there were other ways. The City Manager said a certified survey was not required of this lot in 1968, although a survey would be required today. Councilmember Theis asked if the plot map would have dimensions of the property on it, and the Director of Planning and Inspection responded affirmatively. There was further discussion regarding this. 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 Planning Commission Application Nos. 87023 and 87024 submitted by James Andrescik. The motion passed unanimously. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to amend the agreement between the applicant and the City to change the costs so the City would be responsible for $10,875, and Mr. Andrescik would be responsible for the remaining $10,875. Councilmember Theis said the City issued the permit and not a lot of information was available to the applicant. Mayor Nyquist said he does not feel there was an obligation on the part of the City to the applicant. Councilmember Lhotka asked the Director of Planning and Inspection to explain the procedures used at the time the building permit was issued. The Director of Planning and Inspection said this is a lot of speculation on his part because he was not here at the time, but normal procedures would have a person apply for a building permit, at which time it was required to have a sketch with the proposal submitted. The City would provide information on setbacks and the application would be reviewed by the Building Official. Councilmember Lhotka asked if the City would tell him what the setbacks are, and the Director of Planning and Inspection said the sketch provided by the applicant showed the setbacks were all right, so the permit was issued on the basis of the information provided. Councilmember Lhotka said he is not sure he agrees completely with Councilmember Theis' evaluation of the costs. 12 -14 -87 -9- Upon vote being taken on the amendment, the motion failed with the following voting in favor: Councilmember Theis, and the following voting against: Mayor Nyquist, Councilmembers Hawes, Scott, and Lhotka. The motion failed. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to amend the agreement between the City of Brooklyn Center, James and Joan Andrescik, and Twila Rubenstein so the Andresciks' costs would be $16,300, and the City would incur the balance at a cost of $5,450. Councilmember Scott asked Councilmember Lhotka how he arrived at this figure, and Councilmember Lhotka said the City's share would be 25% of the total cost. Upon vote being taken on the foregoing motion, the motion passed unanimously. RESOLUTION NO. 87 -244 Member Celia Scott introduced the following resolution and moved its adoption: 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 3RD ADDITION The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. The City Manager said the Council should also consider An Ordinance Vacating Portions of the Public Utility Easements Located on Lots 46 and 47, Block 6, Pearson's Northport 3rd Addition. He noted the public hearing on this was also continued. Mayor Nyquist 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 Vacating Portions of the Public Utility Easements Located on Lots 46 and 47, Block 6, Pearson's Northport 3rd Addition. The motion passed unanimously. ORDINANCE NO. 87 -19 Member Gene Lhotka introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING PORTIONS OF THE PUBLIC UTILITY EASEMENTS LOCATED ON LOTS 46 AND 47, BLOCK 6, PEARSON'S NORTHPORT 3RD ADDITION The motion for the adoption of the foregoing ordinance was duly seconded by member Rich Theis, and the motion passed unanimously. Mayor Nyquist declared the hearings closed on Planning Commission Application Nos. 87023 and 87024 submitted by James Andrescik. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve Planning Commission Application No. 87023 submitted by James Andrescik requesting a variance from Section 34 -400 of the zoning ordinance to allow zero setback for an attached garage presently built over the side property line and a storm sewer easement, subject to the following conditions: 12 -14 -87 -10- 1. A variance from Section 35 -400 of the Zoning Ordinance is warranted in this case for the following reasons: a) The remodeling of the existing residence necessary to comply with the ordinance would be prohibitively expensive and constitute a genuine hardship as opposed to a mere inconvenience. b) The circumstances of an attached garage built over a side lot line are unique to this parcel and are not common generally in the R1 zone. c) The condition of the encroachment of the attached garage into the storm sewer easement and into the Rubenstein property has been accomplished with the erroneous acknowledgement of the City. d) Injury to the Rubenstein property is compensated for and there is no injury to other properties. e) The private cost to achieve compliance at this time exceeds the public benefit derived from such compliance. 2. The applicant shall enter into an agreement providing for the relocation of the storm sewer between the two houses and for the assessment of costs prior to final vacation of the storm sewer easement under the two houses. 3. Variance approval is also acknowledged for the Rubenstein residence at 5812 Halifax Avenue North which is 9.52' from the south property line. The motion passed unanimously. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve 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, subject to the following conditions: 1. The applicant shall enter into an agreement providing for the relocation of the storm sewer between the two houses and for the assessment of costs prior to final vacation of the storm sewer easement under the two houses. 2. Variance approval is also acknowledged for the Rubenstein residence at 5812 Halifax Avenue North which is 9.52' from the south property line. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:45 p.m. and reconvened at 9:05 p.m. DISCUSSION ITEMS 12 -14 -87 -11- LIGHT RAIL TRANSIT REPORT The City Manager said Todd Paulson, a member of the citizens' Corridor Advisory Committee on light rail transit (LRT) in Hennepin County, is present this evening. The City Manager reviewed the alternatives being discussed for transit corridors out of downtown Minneapolis to the northwest suburban area. He said the LRT system is proposed to be a high -tech trolley system with two to four cars in a train, and park and ride facilities would be included. He said the discussion includes what will happen when the system is built, particularly with the density along the corridors. The City Manager said he serves on the Technical Advisory Committee, while Councilmember Lhotka serves on the Intergovernmental Advisory Committee, Mayor Nyquist recognized Mr. Paulson, who said he wants to know how the people in Brooklyn Center feel about LRT, including whether or not it is desired and whether or not it will be seen as a disruption to the community. Mayor Nyquist said he thinks the whole thing is a farce, but if it is going to happen, he would like to see it run in this direction. The City Manager said the City uses the same traffic engineering firm as the one that is the consultant for the LRT project. He said the City may want to arrange a meeting with this firm or another consultant to discuss some of the technical information regarding LRT, as well as the feasibility of such a project in this area. Councilmember Theis asked how much of a disruption LRT is with regard to right of way needed, and he asked what would happen if Brooklyn Boulevard were to become a route. The City Manager said if the system is built on an existing roadway, it would not be desirable to have cars driving over the same roadway as the rail lines; therefore, these two would have to be separate. Councilmember Theis said if tax money is going to be spent on this, it may as well serve the people in this area. The City Manager said this is a Hennepin County system, and if such a system is to serve the entire metropolitan area at some future point, it needs to be tied all together. He said the southwest corridor of the LRT system will probably be built first because much of the right of way has already been acquired for it. Councilmember Theis said he does not believe the County is the proper vehicle for this. The City Manager said the legislature has mandated this planning process for Hennepin County to go forward with LRT plans. Councilmember Lhotka said Hennepin County was looking at LRT in recent years and asked if it has to go to the Metropolitan Council for approval. The City Manager said it does not. Councilmember Scott said she feels sorry for the Corridor Advisory Committee because it has been inundated with so much information, much of it technical. She said Brooklyn Center was chopped up with I -694 and then I -94. She added Brooklyn Boulevard has its own problems, and more problems would be created if LRT is added to this route. The City Manager said he would like a consultant to examine these types of concerns. Councilmember Hawes asked if .the system would be built at, above, or below grade. The City Manager said it will probably be a combination of all three, although most will be at grade. Most likely, there' will be some below grade lines downtown. Councilmember Hawes said this project has a lot of potential. 12 -14 -87 -12- Mr. Paulson said it is a hard choice, and the viewpoint is leaning towards using Broadway for the system to the northwest. He said only at the last Corridor Advisory Committee meeting were they able to consider working towards a route to Brookdale. He said it would help to get outside information to assist Brooklyn Center in deciding what it wants to do with LRT. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to authorize the City to spend up to $1,000 for a consultant to assist the City in determining the feasibility of a light rail transit system to this area. The motion passed unanimously. CITY CHARTER COMMISSION RESOLUTION DIRECTING THE BROOKLYN CENTER CITY COUNCIL TO CONSIDER AN ORDINANCE AMENDING THE CITY CHARTER The City Manager said the Brooklyn Center Charter Commission considered the City Council's request for an ordinance amendment to the City Charter regarding the fire chief. He said the Charter Commission passed a resolution asking the City Council to proceed with the ordinance amendment, and this evening's action would be to pass the ordinance for a first reading. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve for a first reading An Ordinance Amending the Brooklyn Center City Charter and setting a public hearing date for January 11, 1988, at 7:30 p.m. The motion passed unanimously. FIRE DEPARTMENT RELIEF ASSOCIATION BYLAWS REGARDING TRUSTEES The City Manager reviewed a memorandum to him from the Director of Finance dated November 25, 1987, related to the Fire Department Relief Association Bylaws. He said the City Clerk and Mayor are named as ex- officio members of this association, and the association has the option of appointing the Finance Director as a member of the Board of Trustees. The Director of Finance said he has never officially served on the board, although he has acted in an advisory capacity to it. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to direct the Fire Relief Association to amend its bylaws to replace the Clerk with the Finance Director on the Board of Trustees (Article I, Section 1.). The motion passed unanimously. DESIGNATION OF MISSISSIPPI RIVER AS A NATIONAL SCENIC RIVER The City Manager said since the Council's last discussion of this, Mayor Nyquist received two letters from the City of. Fridley. He said Fridley is very concerned about this and it thinks other cities should be more concerned. He suggested the Council review this more. Councilmember Theis asked what the timing is on getting input on this, and the City Manager said something should be done within the next 30 days. Mayor Nyquist said he received a call from the St. Paul newspaper regarding this. There was a motion by Councilmember Theis and seconded by Councilmember Scott to direct the City Manager to review and prepare a resolution regarding designation of the Mississippi River as a national scenic river for the City Council's consideration. The motion passed unanimously. 12 -14 -87 -13- NORTHERN MAYORS' ASSOCIATION STEERING COMMITTEE REPORT The City Manager said he has served on the steering committee of the Northern Mayors' Association and the preliminary report in the agenda packet will be considered by the mayors in the near future. He said this organization is looking for a permanent structure for lobbying and promoting issues of interest to the northern suburbs. The City Manager noted there are other such organizations in the metropolitan area all fighting for scarce resources, such as funding for transportation projects like highways and an airport. He said the report has not been approved by the mayors' association yet, but will be considered shortly. The City Manager said if the proposal is going to work, solid economic support is needed. Councilmember Theis said he knows in the past the City has been reluctant to spend money on lobbying, but if the right people are doing it, he feels it will be money well spent and he will support this concept. The City Manager said the money would be used for more than .just lobbying, including promotional efforts. Mayor Nyquist pointed out that the mayors' group must agree on this first. The City Manager said they may do so in its own self interest, as it appears to be a certain common thing good for everyone. APPROVAL OF LOCAL ADDENDUM TO THE MASTER LABOR AGREEMENT BETWEEN METROPOLITAN AREA MANAGEMENT ASSOCIATION (REPRESENTING THE CITY OF BROOKLYN CENTER AND 22 OTHER METROPOLITAN CITIES) AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS (IUOE) LOCAL NO 49 AFL -CIO The City Manager said this item was on the Council agenda several weeks ago and it was tabled because the union had some questions; these have since been answered in the meantime. Councilmember Hawes said the letter addressed to Tim Connors should read "employees employed by" the City of Brooklyn Center, not just "in" the City of Brooklyn Center. The City Manager said he would reword this letter. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the local addendum to the master labor agreement between Metropolitan Area Management Association and the International Union of Operating Engineers Local No. 49, AFL -CIO. The motion passed unanimously. LICENSES (CONTINUED) There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve the on -sale intoxicating liquor licenses Class A for Red Lobster and Yen Ching. The motion passed unanimously. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the on -sale intoxicating liquor licenses Class B for Applebees, Earle Brown Bowl, Green Mill Inn, Ground Round Restaurant, Days Inn, Holiday Inn, and T. Wright's. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve the on -sale intoxicating liquor license Class C for Lynbrook Bowl. The motion passed unanimously. 12 -14 -87 -14- There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the on -sale Sunday intoxicating liquor licenses for Red Lobster, Yen Ching, Applebees, Earle Brown Bowl, Green Mill Inn, Ground Round Restaurant Days Inn, Holiday Inn, T. Wright's, and Lynbrook Bowl. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the on -sale club license for Brooklyn Center American Legion No. 630. The motion passed unanimously. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve the on -sale wine license for Denny's Restaurant. The motion passed unanimously. The City Manager said he has served as a manager for many years and this City operates with remarkably few problems related to its liquor licenses. He said this is partially due to the ordinances and partially due to the way applications are handled here. He said the tone is set and people know how to respond. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the on -sale nonintoxicating malt liquor licenses for Beacon Bowl, Chuck Wagon Inn, Davanni's Pizza, Denny's Restaurant, The 50's Grill, Little Brooklyn, Pizza. Hut, Rocky Rococo, and Scoreboard Pizza. The motion passed unanimously. RESOLUTIONS (CONTINUED The City Manager presented a Resolution Authorizing the City Manager to Write Off Uncollectible Accounts Receivable. He explained the MTC account relates to a bill for cleaning the sewer on Shingle Creek Parkway, which was attributed to MTC. He said MTC claims that because this is an assessment, it does not have to pay this fee. The Director of Finance requested that one account be removed from this resolution, that of Bernard McDonough. RESOLUTION N0. 87 -245 Member Gene Lhotka introduced the following resolution, amended to delete Bernard McDonough: RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF UNCOLLECTIBLE ACOUNTS RECEIVABLE The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Hawes to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9 :45 p.m. o � -GC City Clerk Mayor E 12 -14 -87 -15-