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HomeMy WebLinkAbout1985 06-24 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 - JUNE 24, 1985 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 an Nyquist, Councilmembers Gene Lhotka, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, City Attorney Richard Schieffer, Finance Director Paul Holmlund, Public Works Coordinator Joe Oster, Director of Recreation Arnie Mavis, and Deputy City Clerk Geralyn Barone. Councilmember Celia Scott was absent from this evening's meeting. INVOCATION The was offered by Pastor Stanley Aukema of Northbrook Alliance Church. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session this evening. e inquired if there was anyone resent in the �• q y p audience who � wished to address the Council. There being none, he continued with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the Consent Agenda. Councilmember Theis requested that item 12e be removed and Councilmember Lhotka requested that item 12h be removed from the Consent Agenda. Mayor Nyquist also removed item 7 from the Consent Agenda. APPROVAL OF MINUTES - JUNE 3, 1985 - BOARD OF EQUALIZATION There was a motion by Councinember Theis and seconded by Councilmember Hawes to approve the minutes of the Board of Equalization meeting of June 3, 1985 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. APPROVAL OF MINUTES - JUNE 3, 1985 - SPECIAL SESSION There was'a motion bT Councilmember Theis and seconded by Councilmember Hawes to approve the minutes of the special session of the City Council meeting of June 3, 1985 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. PERFORMANCE BOND RELEASE FOR CAR X MUFFLER SHOP There was a motion by Councilmember Theis and seconded by Councilmember Hawes to release the performance guarantee, in the amount of $5,000, for Car X Muffler Shop, 6810 Brooklyn Boulevard (Planning ommission A No. 81023). V ti o in g p p favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. 6 -24 -85 _1_ PERFORMANCE BOND RELEASE FOR ROSEMARY TERRACE, HUMBOLDT PLACE There was a motion by Councilmember;Theis and seconded by Councilmember Hawes to release the performance guarantee, in the amount of $1,500, for Rosemary Terrace, 1501 -1555 Humboldt Place (Planning Commission Application No. 80030). Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes; and Theis. Voting against none. The motion passed. RESOLUTIONS _. RESOLUTION NO. 85-105 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE SUBMISSION OF AN AMENDMENT TO THE CITY OF BROOKLYN CENTER COMMUNITY DEVELOPMENT PROGRAM FOR YEARS IX AND X TO HENNEPIN COUNTY FOR A CONSIDERATION AS PART OF THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, IN ACCORDANCE WITH THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -106 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPOINTING GERALYN BARONE TO THE BOARD OF DIRECTORS OF THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof : Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -107 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CITY HALL /COMMUNITY CENTER LANDSCAPING PROJECT NO. 1984 -12, PHASE III The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -108 Member Rich is introduced the following resolution and moved its adoptions RESOLUTION ACCEPTING WORK PERFORMED UNDER SHINGLE CREEK TRAILWAY LANDSCAPING PROJECT NO. 1984 -15 6 -24 -85 ____ -2- The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -109 ember — Rich is introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIAS FOR DALLAS ROAD STREET IMPROVEMENT PROJECT NO. 1985 -12, WINGARD LANE STREET IMPROVEMENT PROJECT NO. 1985 -13, AND 65TH AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1985 -14 (CONTRACT 1985 -K) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -110 Member Rich is introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING CAULKING /SEALANT IM1PROVEMENT PROJECT NO. 1985 -22 AND ACCEPTING PROPOSAL FOR COMPLETION THEREOF The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. . SENIOR TRANSPORTATION PROJECT There was a motion by Councilmember Theis and seconded by Councilmember Hawes to authorize the City Manager and Mayor to sign a revised Joint Powers Agreement on the Senior Transportation Project. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. LICENSES There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve the following list of licenses: AMUSEMENT DEVICE - OPERATOR Brookdale East Cinema 5801 John Martin Dr. Brookdale Plitt Theater 2501 County Rd. 10 Earle Brown Bowl 6440 James Circle Red Lobster 7235 Brooklyn Blvd. T. Wrights 5800 Shingle Cr. Pkwy. AMUSEMENT DEVICE - VENDOR Advance Carter 850 Decatur Avenue Twin City Novelty Co. 9549 Penn Ave. S. 6-24-85 - 3 - CIGARETTE LICENSE Theisen Vending 3804 Nicollet Ave. S. T. J. Applebee's Brookdale Ctr. FOOD ESTABLISHMENT LICENSE 50's Grill 5524 Brooklyn Blvd.' Denny's Restaurant 3901 Lakebreeze Ave. N. Donaldson's Brookdale Ctr. Earle Brown Bowl 6440 James Circle Show Biz Pizza 5939 John Martin Dr. GARBAGE AND REFUSE VEHICLE LICENSE au$ Disposal Service 10264 Xylite Street NE Hilger Transfer Co. 8550 Zachary Lane Peterson Brothers 18605 Lk. George Blvd. ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn oklyn Center Jaycees 2106 55th Ave. N. Central Park Carnival Site 60th & Earle Brown Dr. Earle Brown Days Committee 6500 Humboldt Ave. N. MECHANICAL SYSTEMS LICENSE Alaire Heating & Air Cond. 9000 Annapolis Ln. Comfort Heating & Air Cond. 4721 33rd Ave. N. NONPERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. Ganto's Brookdale Ctr. Earle Brown Farm Apts. 1701 69th Ave. N. RENTAL DWELLING LICENSE Initial: Richard D. Bergstrom 5400 Russell Ave. N. Renewal: Lang- Nelson Associates Chalet Courts Norman Chazin Four Courts Apts. Norman Chazin Northlyn Apts. Shingle Creek Tower Shingle Creek Tower Apts. James Maas 6234 Brooklyn Blvd. Richard Gautsch 5541 Bryant Ave. N. Bill Arendt 5813 Dupont Ave. N. Virgil L. Hillstrom 5907, 09 June Ave. N. Jeffrey K. Vest 5557 Knox Ave. N. Steve Bruggeman 4201 Lakeside Ave. #307 Patrick & Susan Mooney 4735 Lakeview Ave. N. Richard & Elfreda Ploof 5319, 21 Queen Ave. N. Robert Baltuff 5930 Xerxes Ave. N. Cosmopolitan Apts. 3401, 3413 47th Ave. N. G & B Enterprises 3501 47th Ave. N. John & Susan Byrnes 3019 63rd Ave. N. 6 -24 -85 -4- T.W. Thorbus 4300 63rd Ave. N. Joe Hamm 4010 65th Ave. N. N, Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. APPROVAL OF MINUTES - JUNE 10, 1985 There was — a motion by Councilaember Theis and seconded by Councilmember Hawes to approve the minutes of the Council meeting of June 10, 1985. Voting in favor: Mayor Nyquist, Councilmembers Theis and Hawes. Voting against: none. The motion passed. Councilmember Gene Lhotka abstained from the vote as he was not present at the June 10, 1985 meeting. PRESENTATION OF COMMUNITY SERVICE AWARDS Mayor Nyquist made a presentation of Community Service Awards to Vincent Tubman and William Hannay for serving eight years each on the Charter Commission. Mir. Tubman and Mr. Hannay were present to accept the awards. PRESENTATION OF CONFERENCE OF MAYOR'S AWARD FOR YOUTH ACTIVITIES EMPHASIZING PUBLIC- PRIVATE PARTNERSHIP —' Mayor Nyquist announced that he had received an award at the Conference of Mayor's Annual Meeting in Anchorage, Alaska awarded annually by Xerox to those emphasizing public - private partnership. Mayor Nyquist recognized three individuals who have been very involved in various programs that have made the award possible, Lonni McCauley, Barbara Jensen, and Dennis Morrow, and presented them with the award for youth activities emphasizing public - private partnership. Mayor Nyquist recognized Barbara Jensen, who stated the part of the concept of volunteerism often overlooked is the encouragement of the Mayor, City Council, and City staff, for the type of activity for which this award was given. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Receiving Engineer's Report, Establishing Seal Coating Improvement .Project No. 1985 -15, Approving Specifications and Ordering Advertisement for Bids (Contract 1985 -H). Councilmember Theis inquired as to why granite is used in some areas and buckshot is used in others. The Director of Public Works stated that granite or trap rock is used on arterial streets while buckshot is used on residential streets. Councilmember Theis noted that several years ago there had been discussion about realigning 69th Avenue North to Shingle Creek Parkway, and now the discussion includes seal coating. He asked if this means 69th Avenue North will not be realigned. The Director of Public Works explained the right -of -way has to be obtained, and this still has not been completed. Although a verbal agreement exists, there are legal problems, and he expects another three to five years to pass before anything can be done. He noted that the road is overdue for a seal coat, and if this is not done the street will rapidly deteriorate. RESOLUTION NO. 85 -111 Member Rich is introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING ENGINEER'S REPORT, ESTABLISHING SEAL COATING IMPROVEMENT PROJECT NO. 1985 -15, APPROVING SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1985 -H) 6 -24 -85 -5- The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Receiving Engineer's Report, Establishing Municipal Service Garage Improvement Project No. 1985 -21, Approving Specifications and Ordering Advertisement for Bids (Contract 1985 -L). Councilmember Lhotka inquired about the cost of new gas pumps, and asked about the condition of the current pumps. The Director of Public Works explained that he did not have an itemization of the total cost, but would be able to present the information if so desired. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to table this resolution until the next City Council meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. The City Manager introduced a Resolution Establishing Parking Restrictions for Xerxes Avenue North Between C.S.A.H. 10 and 170 Feet South of 59th Avenue North and 200 Feet North of 65th Avenue North to Bridge No. 27927 over F.A.I. 94. He noted that the State of Minnesota requires a resolution to be passed establishing and recognizing parking restrictions. Councilmember Lhotka asked if "no parking" restrictions were already in place, and the City Manager responded affirmatively. RESOLUTION NO. 85 -112 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PARKING RESTRICTIONS FOR XERXES AVENUE NORTH BETWEEN C.S.A.H. 10 AND 170 FEET SOUTH OF 59TH AVENUE AND 200 FEET NORTH OF 65TH AVENUE NORTH TO BRIDGE NO. 27927 OVER F.A.I.94 T The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene - Lhotka, Bill Hawes, and Rich Theis; and the followin g voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Indemnifying the State of Minnesota from Any Claims Resulting from the Issuance of a Variance from Established Street Width Standards as They Relate to Xerxes Avenue North From Northway Drive to F.A.I. 94, adding hi. ng s is a State requirement. The City Manager responded to questions from Mayor Nyquist and Councilmember Lhotka asking for clarification of this resolution. The City Manager stated that at one time there had been no standard, but that now it is necessary to have a variance. RESOLUTION NO. 85 -113 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION INDEMNIFYING THE STATE OF MINNESOTA FROM ANY CLAIMS RESULTING FROM THE ISSUANCE OF A VARIANCE FROM ESTABLISHED STREET WIDTH STANDARDS AS THEY RELATE TO XERXES AVENUE NORTH FROM NORTHWAY DRIVE TO F.A.I. 94 6 -24 -85 -6 CORRECTED COPY The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and ` adopted. ORDINANCE The City Manager introduced An Ordinance Amending Chapter 29 on Filing for Municipal Office. He explained the ordinance is offered for a first reading this evening because of a new state law requiring the preparation and delivery of absentee ballots at least 30 days before an election, and requiring filing of affidavit of candidates not less than six weeks nor more than eight weeks before a municipal primary and at least 18 weeks before the general election. He stated an additional two weeks is needed to allow for handling and delivery of absentee ballots. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve for first reading An Ordinance Amending Chapter 29 of Filing for Municipal Office and to set the public hearing date on the ordinance for July 22, 1985 at 7:30 p.m. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. PUBLIC HEARING ON PRIVATE KENNEL APPLICATION The City Manager noted that a public hearing is scheduled for 7:30 p.m. on an application for a private kennel license from Carolyn E. Duerr of 6900 Regent Avenue North. He stated the applicant has three dogs and wants the dogs to be housed inside the residence at 6900 Regent Avenue North. He added the City ordinance requires a private kennel license where more than two dogs, exceeding six months of age, are kept in a household. He referred the City Council to a notice of public hearing sent to area residents, the application for the private kennel license, a report from the police department of activity at the applicant's residence, and two petitions received from area residents. Mayor Nyquist opened the meeting for the purpose of a public hearing on a private kennel license application from Carolyn E. Duerr, 6900 Regent Avenue North. Mayor Nyquist inquired if there was anyone present in the audience 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 a private kennel license application from Carolyn E. Duerr, 6900 Regent Avenue North. At this time, the applicant entered the Council Chambers and indicated that she wished to speak. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to reconsider opening the public hearing. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. Mayor Nyquist recognized the applicant, Carolyn E. Duerr of 6900 Regent Avenue North who stated she has one dog, and her daughter who is living with her temporarily has two dogs. Mayor Nyquist inquired as to when Ms. Duerr Is daughter is moving out, and Ms. Duerr responded saying her daughter is separated, so it may be six months before her daughter leaves. 6 -24 -85 -7- i Mayor Nyquist inquired if there was anyone else present in the audience 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 a private kennel license application from Carolyn E. Duerr, 6900 Regent Avenue North. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to deny the application for a private kennel license at 6900 Regent Avenue North. Councilmember Lhotka stated that after reviewing the information provided, he questioned the treatment of the animals. Councilmember Hawes also questioned the care given the animals, noting from the information he received the dogs are tied with chains for hours each day which most likely encourages the dogs to be noisy. He added that as a temporary situation, the activity has been going on for quite some time. Mayor Nyquist inquired as to the procedure if the private kennel license were denied. The City Manager responded saying it is reasonable to allow a period of time for the applicant to comply with the ordinance, and then proceed with enforcement. Mayor Nyquist reiterated the motion for denial. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting .against: none. The motion passed. Mayor Nyquist asked the City Attorney what a reasonable length of time for compliance would be, and the City Attorney responded that 30 days is There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to allow Carolyn E. Duerr of 6900 Regent Avenue North 30 days to comply with the City's animal ordinance. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes and Theis. Voting against: none. The � g motion passed. _ CONSIDERATION OF ON -SALE 3.2 BEER LICENSE FOR THE 50 GRILL The City Manager noted that an application for on -sale 3.2 beer license for the 50' Grill had been received for a restaurant to be located at 5524 Brooklyn Boulevard, former Farrell 's Restaurant. aurant. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the on -sale 3.2 beer license for the 50's Grill. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. DISCUSSION ITEM RECOMMENDATION FOR AMENDMENTS TO THE CITY'S POLICY FOR DEFERMENT OF SPECIAL ASSESSMENTS The Director of Public Works referred the City Council to information prepared by the Public Works Department regarding deferral of special assessments. He stated a - -, need has existed for the last several years to review the City's current policy, and a survey of 25 other communities was - conducted before proposing amendments to the City's policy. Councilmember Hawes requested clarification of the examples 6 -24 -85 -8- presented and the Public Works Coordinator reviewed the examples and how they would be applied in Brooklyn Center. Councilmember Theis asked what the consequences P would be in the third year if a homeowner's assessment were deferred for the first two years. The Public Works Coordinator responded that the homeowner would begin payment in the third year. The Director of Public Works stated that the proposal includes deferral of the entire assessment rather than deferral of installments. Councilmember Theis suggested placing limitations on the installments rather than deferral of the entire assessment, and the City Attorney noted that this would create an accounting problem that the County may not accept. The Director of Planning & Inspection entered the Council Chambers at 7:55 p.m. Councilmember Theis asked if the entire assessment role could be certified annually by the City, thus eliminating the County's problem. The City Attorney responded affirmatively, and Councilmember Theis added that the problem would then be transferred to the City. Mayor Nyquist stated he felt uncomfortable about requiring some homeowners to pay at 1.99%, while those at 2.1% would receive complete deferral. The Director of Public Works responded that most property owners are reluctant to request deferral because of the continually accruing interest rates. Asa result, deferral is used as a last resort. The Public Works Coordinator suggested that the policy could allow for at least partial payment of any assessment. Councilmember Theis noted that those who do not choose deferral because of the choice of either paying all or nothing could be allowed to pay at least something under this proposal. Councilmember Hawes inquired as to the number of affected households, and the Director of Public Works said since 1978 only one person has utilized the current deferment option. He added that more will be eligible under the new proposal, but it is difficult to predict the number of applicants. The City Manager stated that census data can be reviewed and Councilmember Lhotka asked that the current and proposed policies be reviewed taking into consideration the number atad = which people will be affected by the policies. The Director of Public Works stated he would prepare additional information and present it at a future meeting of the City Council. RECESS The Brooklyn City Center Council recessed at 8:07 p.m. and reconvened at 8:19 p.m. DISCUSSION ITEM PROPOSED MUNICIPAL GOLF COURSE The City Manager stated this is the third public hearing on the proposed Municipal Golf Course, and briefly reviewed the history of this proposal. He reviewed the locations of the public golf courses now located in the metropolitan area, and stated there is a lack of golf courses, especially of the par three type. The City Manager presented the final preliminary sketch of the golf course, and noted the concern of golf balls being hit onto T. H. 100 and neighboring homes can be alleviated by changing one of the holes on the south side of the proposed golf course. He added with adjustments in design of the golf course, some of the expected problems can be mitigated. He reviewed the U.S. Fish & Wildlife Service Wildlife Habitat Analysis, showing the difference between existing wildlife and that expected following the development of the project. The population of some types of wildlife would decrease, while others would increase in numbers with a net affect of an increase in 6 -24 -85 -9- wildlife. Next the City Manager reviewed the financial data for the proposed golf course. With regard to traffic levels in the area, he stated that an increase in traffic levels would occur, but the amount of traffic would be spread out during an entire days period. Councilmember Lhotka expressed some concern with the appearance of the golf course, particularly with the flatness of the course. The City Manager stated some elevation would occur, particularly with the tees and greens which would be above flood level. He added that a considerable amount of water is'planned for the golf course, and indicated which area of the golf course would include water. Councilmember Theis asked how many holes would have water around them and the City Manager responded that golfers would be required to hit over two areas of water, would be surrounded by one, and would golf alongside three areas of water. Councilmember Theis asked if too much water would create a negative factor, and the City Manager stated he felt this would not be a problem. Councilmember Theis asked if allowance had been made in the plan for green replacement in case of vandalism or freezing of the greens. The City Manager stated a very heavy contingency is included in the proposal, and added that fencing will completely surround the facility with the hope of minimizing vandalism. Councilmember Theis asked if a provision is included for a putting green, and the City Manager responded negatively. Councilmember Lhotka expressed interest in the amount of staffing for the golf course, and the City Manager stated that staffing had been included as an expense based on the New Hope and Roseville experiences. Mayor Nyqui st opened the meeting for the purpose of a public hearing on the proposed Municipal Golf Course, and inquired if there was anyone present who wished to speak at the public hearing. No one appeared 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 the proposed Municipal Golf Course. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTION NO. 85 -114 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING A MUNICIPAL GOLF COURSE ENTERPRISE FUND AND AUTHORIZING AN INTERFUND LOAN The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka. Councilmember Lhotka inquired as to the amount of money expended so far on this project, and the City Manager stated between $7,000 and $10,000 had already been spent. Councilmember Lhotka asked how much additional money would be spent, and the City Manager responded that $70,000 was expected to be spent for the total completion of the project. He added that the City Council must give final approval of the project at the time of bid letting. Upon vote being taken on Resolution No. 85 -114, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same:• none, whereupon said resolution was declared duly passed and adopted. 6 -24 -85 -10- f f RESOLUTION NO. 85 -115 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING MUNICIPAL GOLF COURSE IMPROVEMENT PROJECT NO. 1985 -23 AND } AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH BRAUER AND ASSOCIATES, LTD. FOR THE DESIGN OF SAID IMPROVEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following.voted against the same: none, whereupon said resolution was declared duly passed and adopted. PLANNING COMMISSION ITEM 'r PLANNING COMMISSION APPLICATION NO. 85015 SUBMITTED BY S & G PROPERTIES FOR PRELIMINARY PLAT APPROVAL TO SUBDIVIDE INTO TWO LOTS THE TRACT OF LAND ON WHICH THE EARLE BROWN FARM APARTMENTS IS LOCATED AT 1701 69TH AVENUE NORTH The City Manager explained the Planning omission rec&nFnended approval of Application No. 85015 at its June 13, 1985 meeting. The Director of Recreation left the City Council Chambers at 8:45 p.m. The Director of Planning & Inspection briefly reviewed Application No. 85015, stating excess land will be available that could be used in a future addition. The Director of Public Works left the Council Chambers at 8:50 p.m. and returned at 8:55 p.m. The Director of Planning & Inspection stated that conditions of approval for Application No. 85015 have all been met with the submission of the revised preliminary plat. He added the public hearing had been scheduled and notices were posted. Councilmember Hawes inquired as to the possibility of construction of a new building with the creation of a new lot and expressed concern over how much of a new building could' constructed based on the setback limits. The Director of Planning Inspection re, g p responded that at this time n plans have p o 1 ve been reviewed p v ed for another building, but with the current setbacks enough space exists for an approximately 24 unit building. He added that the ordinance allows service or office facilities to be installed in the area, but added most likely residential_ units would be added. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 85015• He 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 4 hearing. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to close the public hearing on Application No. 85015• Voting in favor: Mayor Nyquist, Councilmembers- Lhotka, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Council-member Hawes and seconded by Councilmember Theis to approve Application No. 85015 subject to the following condition: 6 -24 -85 -1I- CORRECTED COPY I. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3• Prior to final plat approval the applicant shall execute a deed restriction which shall be filed with the title to the property requiring a 10' wide green area along the west side of Lot 2. 4. Final plat approval is subject to adoption of an ordinance by the City Council vacating the Irving Avenue North half - street east of the subdivision. 5. The applicant shall enter into a standard utility hookup agreement prior to final plat approval. 6. The plat shall receive final approval and filed at the County prior to issuance of building permits for the proposed Lot 2. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. PLANNING COMMISSION APPLICATION NO. 85016 SUBMITTED BY VILLAGE PROPERTIES FOR A VARIANCE FROM SECTION 35 -400 OF THY ZONING ORDINANCE TO ALLOW A TEMPORARY 1' SETBACK OFF HIGHWAY 252 RIGHT -OF -WAY AND TO ALLOW A DENSITY VARIANCE OF TWO UNITS AT THE EVERGREEN PARK APARTMENTS, 7200 -72'24 CAMDEN AVENUE NORTH The of Planning & Inspection stated the Planning Commission recommended approval of Application No. 85016 at its June 13, 1985 meeting. He added that there would be modifications of the variance request based on a new highway department proposal. The Director of Planning & Inspection stated the applicant, Mr. Ken Solie, requested to make a presentation anyway. Mayor Nyquist recognized Mr. Ken Solie, representing Village Properties. Mr. Solie reviewed the changes made by the State of Minnesota, and indicated his desire to modify the variance application regarding setbacks. The Director of Planning. &. Inspection stated a public hearing had been set for this evening for this application, and requested that if the application is tabled, that the public hearing be continued. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 85016. He inquired if there was anyone present who wished to speak at the public hearing. Mayor Nyquist recognized Mrs. Patty Lee of 7223 Camden Avenue North. Mrs. Lee_ expressed concern over the possibility that parking spaces would be eliminated with the construction of this project. Mayor Nyquist recognized Mir. Solie, who stated that none of the parking spaces would be eliminated. The Director of Planning & Inspection and Mr. Solie discussed the area that the highway department would be taking as right -of -way. Mayor Nyquist inquired if there was anyone else present who wished to speak at the 6 -24 -85 -12- CORRECTED COPY public hearing. No one requested to speak and he entertained a motion to continue the public hearing to the July 8, 1985 City Council meeting. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to continue the public hearing of Application No. 85016 to the July 8, 1985 meeting of the City Council. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to table Application No. 85016 to the July 8, 1985 City Council meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. DISCUSSION ITEM SCHEDULING OF CITY COUNCIL MEETINGS The ytCiManager discussed the possibility of changing the meeting nights of the City Council from the second and fourth Mondays of each month to the second and fourth Tuesdays because of conflicts with Monday holidays. He added that City Councilmembers had requested additional time to review the agenda packets prior to the City Council meetings. He suggested that no changes be made until at least the 1986 Council meeting schedule is set. Mayor Nyquist stated he has some personal conflicts, but these could be resolved if need be. Councilmember Hawes noted that he receives a great deal of material at the last minute, which does not provide enough time for review. He added that changing the meeting nights of the Council meetings may help eliminate the problem. Councilmember Lhotka suggested that no matter what night the Council meets, there will always be last minute items. He requested that last minute items of significance or of any great length should not be given to the City Council until the following meeting. Councilmember Theis suggested that agenda packets be distributed on Thursday evenings rather than Fridays to provide for additional reviewal time by the City Council. Councilmember Lhotka stated he preferred the Monday evening meetings. Councilmember Theis stated Thursday evenings may be better than a Tuesday meeting which would allow for more interaction between staff and the City Council in answering questions about specific items. Mayor Nyquist recognized Mary Jane Gustafson of the Brooklyn Center Post, who stated that from a newspaper's point of view, it would be impossible to print the news from Tuesday evening Council meetings in the paper in the same week as the meeting. The City Manager stated that no action was required of the City Council at this time, but City staff will attempt to deliver agenda packets at an earlier time. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Accepting Quotations and Awarding Contract for the Purchase of Two Snow Box Inserts. He explained it is necessary to order the inserts at this time in order to receive them by this year's snowfall. The City Attorney asked what a snow box insert is, and the City Manager explained it enlarges the front of a snowplow to haul more snow. RESOLUTION NO. 85 -116 Member Rich Theis introduced the following resolution and moved its adoption: 6 -24 -85 -13- CORRECTED COPY RESOLUTION ACCEPTING QUOTATIONS AND AWARDING CONTRACT FOR THE PURCHASE OF TWO SNOW BOX INSERTS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. CONDITIONS FOR EMPLOYMENT OF RICHARD PLOUMEN FOR THE POSITION OF SUPERINTENDENT OF STREETS & PARKS The City Khnager stated it would be necessary for the City Council to approve special conditions for employment of Richard Ploumen for the position of Superintendent of Streets & Parks. Councilmember Hawes inquired as to the background of Mr. Ploumen, and the City Manager stated Mr. Ploumen had spent eight years in Bloomington and more recently six years in Mendota Heights as Superintendent of Streets, Parks, and Public Utilities. The Director of Public Works stated 25 applications had been received and a very extensive selection process had been followed. He added the salary for Mr. Ploumen is within the existing salary schedule. The City Manager noted that it is not unusual to specify special conditions for filling management positions. Councilmember Theis stated he felt allowing for special conditions is a good way to attract experienced applicants. Councilmember Lhotka asked what the hire date for Mr. Ploumen is, and the Director of Public Works responded that Mr. Ploumen would begin July 18, 1985. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to allow Mr. Richard Ploumen three weeks vacation accrual for his first five years of employment with the City and then according to the personnel ordinance and 100 hour block of sick leave, which can be used in the first year, but must be earned according to the City Plan before additional hours accrue. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. ADJOURNMENT There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. The Brooklyn Center City Council adjourned at 9 :33 p.m. Depu City Clerk / (� or 6 -24 -85 -14-