Loading...
HomeMy WebLinkAbout1985 07-08 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 JULY 8, 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 7:03 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 & Inspection Ron Warren, City Attorney Richard Schieffer, Housing Coordinator Brad Hoffman, Deputy City Clerk Geralyn Barone. INVOCATION The invocation was offered by Bob Zeines, of Brooklyn United Methodist Church. 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. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items be removed from the Consent Agenda. Councilmember Hawes requested that items 8h, 8i, and 8j be removed from the Consent Agenda. Councilmember Theis requested that items 7, and 8e be removed from the Consent Agenda. RESOLUTIONS RESOLUTION NO. 85 -117 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE BROOKLYN CENTER ROTARY CLUB 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, Celia Scott, 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 -118 Member Bill Hawes 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 Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill `Hawes, and Rich Theis; and the 7 -8 -85 -1- following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -119 Member Bill Hawes introduced the following resolution and moved its adoption: , RESOLUTION ACKNOWLEDGING GIFT FROM THE BROOKLYN CENTER JAYCEE WOMEN 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, Celia Scott, 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 -120 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION DECLARING SURPLUS PROPERTY The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, 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 -121 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1985- G(XERXES AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1985 -09) 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. LICENSES There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the following list of licenses: AMUSEMENT DEVICE - OPERATOR Beacon Bowl 6525 Lyndale Ave. N. Brooklyn Center Community Ctr. 6301 Shingle Cr. Pkwy. Chuck Wagon Inn 5720 Morgan Ave. N. Davanni's 5937 Summit Dr. Denny's Restaurant 3901 Lakebreeze Ave. Holiday Inn 1501 Freeway Blvd. K -Mart 5930 Earle Brown Dr. Lynbrook Bowl 6357 N. Lilac Dr. Scoreboard Pizza 6816 Humboldt Ave. N. Show Biz Pizza 5939 John Martin Dr. United Artists Theater 5810 Shingle Cr. Pkwy. 7 -8 -85 -2- AMUSEMENT DEVICE - VENDOR Century Corp. — 2910 W. Montrose Ave. GARBAGE & REFUSE VEHICLE LICENSE Fragrance Trucking 99 NW 99th Ln. Klein Sanitation Co. 10690 100th Ave. N. [ Metro Refuse 8168 W. 125th St. Waste Management 10050 Naples St. NE Art Willman & Son 62 26th Ave. N. MECHANICAL SYSTEMS LICENSE J.K. Heating 11150 Buchana Ave. NE READILY PERISHABLE FOOD VEHICLE LICENSE Bridgeman's 6201 Brooklyn Blvd. SWIMMING POOL LICENSE North France Health Club 4001 Lakebreeze Ave. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. APPROVAL OF MINUTES - JUNE 24, 1985 There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the minutes of the City Council meeting of June 24, 1985 as corrected. Voting in favor: Mayor Nyquist, Councilmembers Hawes, Theis and Lhotka. Voting against: none. The motion passed. Councilmember Scott abstained from voting as she was not present at the June 24, 1985 meeting. PERFORMANCE BOND REDUCTION FOR THE POND'S, PLAT 5 Councilmember Theis asked what work needs to be completed yet, and the Director of Planning & Inspection stated approximately 20% of the landscaping needs to be completed. Councilmember Theis inquired as to the amount of money saved by reducing the bond from $50, 000 to $10, 000, and the Director of Planning & Inspection responded saying about an 80% reduction would occur. Councilmember Theis wondered how old the section in question is, and the Director of Planning & Inspection responded saying the area in question is the middle section, which is the very last area to be developed and construction began approximately one and one -half years ago. He added the bond originated in 1982. Councilmember Theis asked if progress is being made on the landscaping, and the Director of Planning & Inspection responded affirmatively, adding the Homeowners' Association feels the bond reduction is fair and equitable. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to reduce the performance bond from $50,000 to $10,000 for the Pond's, Plat 5, 72nd Circle and Unity Avenue North, Planning Commission Application No. 79031. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Declaring Property at 58th & Drew Avenues North as Hazardous. Councilmember Theis inquired if compliance with the law is met, whether or not a drastic amount of the hedge would be removed, taking out far more than is necessary. The City Manager stated that the hedge has been a problem over a number of years and it has been out in the past. However, in the past one and 7 -8 -85 -3- one -half years, there has been difficulty obtaining compliance with the homeowner even though the City has offered to mark the hedge for cutting. He added there is a high amount of traffic particularly on weekends because of the church in the area. The City Manager stated the hedge can be trimmed to an acceptable level or it can be taken out, but trimming will not eliminate the hazard. Councilmember Theis asked the City Attorney what procedure is necessary if the resolution is passed. The City Attorney stated the City is on notice resulting from a number of complaints and the requested cutback is what the City ordinance requires. He added if an accident occurs and it is established that the City did not fully enforce the ordinance the City would be liable; therefore he recommends full compliance with the hazardous building law. For enforcement, an order would be served on the property owner with a certain number of days to respond, and then a judge would have to determine whether or not the property is hazardous. Councilmember Theis stated he did not see anything on hazardous shrubs in the law, and the City Attorney stated the statute addresses hazardous buildings and hazardous conditions. Councilmember Theis asked the City Attorney how much effort had been made from the Attorney's firm to find the resident's phone number. The City Attorney responded stating it would be an incorrect assumption that his firm had not been in contact with the resident. Councilmember Theis referred to a letter dated June 5, 1985 from the City Attorney which states the City Attorney was unable to find a telephone number for the resident. The City Manager said he knew the homeowner had contacted, and the City Attorney reaffirmed this statement. Mayor Nyquist asked if the resident had been informed of the resolution and its appearance on this evening's agenda, and the City Manager stated she had not been notified. Councilmember Theis requested the City Attorney to determine why his office stated in a letter that they were unable to obtain a phone number. Councilmember Lhotka asked how many complaints had been received, and the City Manager stated approximately five to ten people had complained. The Deputy City Clerk stated that the original complaint was made in January of 1984. The City Manager added that the resident had cooperated with the City for many years, but has not most recently. Mayor Nyquist noted the hedge is planted in a diagonal direction not for beauty's sake. Councilmember Lhotka requested that if this type of item arises again it should not be placed on the Consent Agenda. RESOLUTION NO. 85 -122 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ORDERING THE ABATEMENT OF NUISANCE AND HAZARDOUS CONDITION OF REAL ESTATE EXISTING AT 5800 DREW AVENUE NORTH IN THE CITY OF BROOKLYN CENTER 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, Celia Scott, 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). He stated this item calls for replacing the fuel tanks at the Municipal Service Garage with those removed from the 7- Eleven site and installing new dispensers. Councilmember 7 -8 -85 -4- Lhotka asked if there would be a monitoring system for each tank, and the City Manager responded affirmatively. Councilmember Lhotka noted that in the report before him the number of repairs listed were for 1984, and he asked what the past history of repairs has been. The City Manager stated that 1984 was a representative year for number of repairs. Councilmember Hawes inquired if all City vehicles would be fed from this system, and the City Manager responded affirmatively, adding that the Brooklyn Center school buses and also some special vehicles from MTC would be using these pumps. Councilmember Theis asked if the funding for this project is from Capital Improvement Project monies, and the City Manager stated it is. RESOLUTION NO. 85 -123 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RECEIVING ENGINEER'S REPORT, ESTABLISHING MUNICIPAL SERVICE GARAGE IMPROVEMENT PROJECT NO. 1985 -21, APPROVING SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1985 -L) 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, Celia Scott, 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 Establishing Project No. 1985 -16, Accepting Bid and Awarding Contract for Carpet Replacement in the Civic Center (Contract 1985 -I). Councilmember Hawes asked if the Civic Center represented both City Hall and the Community Center. The City Manager responded affirmatively, stating the upper level of City Hall and parts of the Community Center are included in the replacement of carpeting, and adding that this project does not include total replacement of all carpeting in the Civic Center. Councilmember Hawes asked what the five alternatives under the Carpet Center, Inc. bid included, and Mr. Bob Pierce, an architect representing Lindberg, Pierce Company stated the alternatives were from various carpet manufacturers priced and submitted by one company. Councilmember Hawes asked if any thought had been given to the alternative of using carpet squares, and Mr. Pierce responded saying it was not considered in this case because of the expense, but added that it is a good alternative if some areas are more heavily trafficked than others. Councilmember Hawes asked if carpet squares is a good alternative in the long run, and Mr. Pierce stated it would be too expensive. Councilmember Hawes noted the downtown skyways are carpeted with squares allowing easy replacement. Mr. Pierce noted the carpeting is replaced ever three to four P g p Y years in the skyways because of the heavy traffic, and said regular carpeting averages approximately $17 per square yard while the cost of carpet squares is approximately $24 per square yard. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to table this resolution to the next City Council meeting. Councilmember Hawes inquired why this item should be tabled, and Councilmember Lhotka responded saying he was notified by a firm that wanted to bid on the project and was told they could not do so. He requested the City to investigate the complaint. The City Manager asked how much time is left to reject bids, and Mr. Pierce stated two weeks. Councilmember Lhotka requested an attempt be made to extend the bids if necessary, and requested a copy of the bid specifications. 7- - _ I ! 8 85 5- Upon vote being taken on the motion to table this item, all members voted in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. Councilmember Theis asked if any provision for surplus carpeting for repairs had been made, and the City Manager responded affirmatively. The City Manager introduced a Resolution Establishing Project No. 1985 -17, Accepting Bid and Awarding Contract for Painting in the Civic Center and at the Municipal Service Garage (Contract 1985 -J). Councilmember Hawes asked if the Civic Center referred to both City Hall and the Community Center, and the City Manager stated it did and some parts of both these facilities would be corrected. Councilmember Hawes noted that in the third line of item two on page two of the resolution the dollar amount should be $4,250, and not $4,240. RESOLUTION NO. 85 -124 Member Bill Hawes introduced the following resolution and moved its adoption with the correction of the dollar amount on page two of the resolution: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1985 -J (PAINTING IN THE CIVIC CENTER AND AT THE MUNICIPAL GARAGE, PROJECT NO. 1985 -17) 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, Celia Scott, 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 Authorizing Execution of an Agreement between Metropolitan Clinic of Counseling, Inc. and the City of Brooklyn Center for an Employee Assistance Program. Councilmember Hawes inquired if the program is worth continuing, and the City Manager said it is. He added the alternative is to train someone on staff for this, which would be very expensive. He noted the confidential screening provides a very valuable service to the City, and other communities participate in similar programs. Councilmember Theis stated several employees from his place of business have used a similar program, and he feels the program has been very worthwhile. Councilmember Hawes asked if the program is all inclusive for employees, both union and nonunion members, and the City Manager stated all employees are eligible. RESOLUTION NO. 85 -125 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN METROPOLITAN CLINIC OF COUNSELING, INC. AND THE CITY OF BROOKLYN CENTER FOR AN EMPLOYEE ASSISTANCE PROGRAM 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, Celia Scott; Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 7 -8 -85 -6- PUBLIC HEARING ON ESTABLISHMENT OF A REDEVELOPMENT PROJECT AND A TAX INCREMENT FINANCING DISTRICT — - - The Housing Coordinator briefly reviewed the proposed development plan for acquisition of the Earle Brown Farm property and recommended the Council not take any action this evening relative to the public hearing because of the need to prepare additional information and clarification of this project. Councilmember Scott asked at what stage the City is at for signing an agreement for acquiring the property, and the Housing Coordinator responded a Purchase Agreement has been drafted and Mr. Gustafson's attorney is reviewing it. Councilmember Hawes asked if liens against the property will be paid off, and the Housing Coordinator stated the Purchasing Agreement says all mortgages must be paid. Mayor Nyquist opened the meeting for the purpose of a public hearing on Establishment of a Redevelopment Project and a Tax Increment Financing District. Mayor Nyquist recognized Ms. Marie Castle, 6221 Shingle Creek Parkway, Apt. 1108, who said she read about the possible purchase in the newspaper and is concerned about the possible rental housing project. She would like the property to be maintained as it is without tearing down any buildings. She added as a taxpayer she would not mind if the farm were given to a farm family to maintain. Mayor Nyquist told Ms. Castle that an ad hoc committee is reviewing options for the property, including preservation. The City Manager added rental housing maybe constructed adjacent to the farm buildings and the intent is to preserve the buildings. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to continue the public hearing on the Establishment of a Redevelopment Project and a Tax Increment Financing District to 7:30 p.m. on July 22, 1985. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PUBLIC HEARING ON ESTABLISHMENT OF A MULTIFAMILY HOUSING BOND ON BROOKWOOD CONDOMINIUMS The Housing Coordinator reviewed the Resolution Adopting a Housing Bond Program for the Issuance of Multifamily Housing Revenue Bonds for the Brookwood Estates Project and Authorizing Submission of Same to the Minnesota Housing Finance Agency and the Metropolitan Council. Mayor Nyquist opened the meeting for the purpose of a public hearing on Establishment of a Multifamily Housing Bond on Brookwood Condominiums. Councilmember Lhotka inquired about the status of rental of the condominium units. Mayor Nyquist recognized Mr. Wally Johnson of Brutger Companies, Inc. who stated they have purchased six units and there are two owners who are not interested in selling their units at this time. Councilmember Lhotka asked how many units are currently rented in the rental area, and Mir. Johnson stated approximately 19 units have been rented. Councilmember Lhotka questioned the marketing strategies used by Brutger Companies, Inc. for both the condominiums and the rental units, and Mr. Johnson stated advertising has been published both in the Brooklyn Center Post and in the Minneapolis Star & Tribune newspapers, and currently Brutger Companies, Inc. is in the process of hiring a property management firm. Councilmember Lhotka asked what the hours are to view the apartments, and Mr. Johnson stated a full -time resident manager is available every day. Mayor Nyquist inquired if the two owners retaining their property in the condominiums have submitted anything in writing. Mr. Johnson noted the two owners are very willing to stay in the building as owners, and are happy with both I I 7 -8 -85 -7- i management and maintenance. He added Brutger Companies, Inc. have this in writing from one of the owner's attorney. Councilmember Theis asked if the offer to purchase units from the last two owners was consistent with the other offers, or if they were higher. Mr. Johnson stated the last two owners were offered similar settlements to the other six owners, but the counter offers received were substantially higher than the others. Mayor Nyquist recognized Mir. Jay Cook of Dorsey & Whitney who stated the last two owners were requesting an additional 30% to 1 40% amount over the rental concessions and as a total package were asking for between 50% and 60% more than each of the other six owners had received. Mayor Nyquist asked if the remaining two owners are under the impression that the City is not going to bail them out, and the Housing Coordinator stated this has been made very clear to them. Mayor Nyquist noted he prefers to see something in writing showing the decision to stay as owners is that of the owners. The City Manager said City staff will contact the owners. Mr. Cook stated the owners have made the decision to own and prefer to continue as owners. Councilmember Lhotka asked how the City can protect itself, and the City Attorney asked what the City wishes to be protected from. Councilmember Lhotka expressed concern that the two owners will return at some future date with some request. The City Attorney stated the City is assisting with the financing of the project, and even if the two stay as owners, he does not see what threat there is to the City. Mayor Nyquist stated if the two owners are depending on the City to bring additional pressure for settlement, the owners should not rely on this assumption. The City Attorney stated this should be communicated to the owners and the City Manager stated this could be done between now and August 1, 1985. Councilmember Theis stated he wished the owners to be aware of the option allowing a last chance for them to settle, and also requested staff to make contact with the owners. Councilmember Lhotka asked how close Brutger Companies, Inc. is to selecting a management firm, and Mr. Johnson stated Brutger Companies, Inc. is presently dealing with two firms. Councilmember Lhotka requested information on this at the next meeting. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to continue the public hearing on Establishment of a Multifamily Housing Bond on Brookwood Condominiums to 7:30 p.m. on July 22, 1985• Councilmember Hawes asked if the owners continue to own if they would be able to rent out their units to anyone they so desired, and the City Manager responded affirmatively. Councilmember Hawes asked how many bedrooms are in each unit, and the Housing Coordinator stated both owned units have two bedrooms each. Councilmember Hawes asked if the owners could rent to a family, and the Housing Coordinator responded affirmatively. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Housing Coordinator and the Finance Director left the Council Chambers at 8:17 p.m. ORDINANCE The City Manager introduced An Ordinance Vacating a Portion of Irving Avenue North 7 -8 -85 -8- as Platted within the Hellsted Addition. He explained this ordinance was first read on June 10, 1985, published in the City's official newspaper on June 20, 1985, and is offered this evening for a second reading. He stated this ordinance provides for vacation of a platted, but never developed 30' wide street right -of -way, i.e. Irving Avenue North from 69th Avenue North to its dead end approximately 490' south of 69th Avenue North. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Vacating a Portion of Irving Avenue North as Platted within the Hellsted Addition. 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 hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on An Ordinance Vacating a Portion of Irving Avenue North as Platted within the Hellsted Addition. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ORDINANCE NO. 85 -12 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING A PORTION OF IRVING AVENUE NORTH AS PLATTED WITHIN THE HELLSTED ADDITION The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. RECESS The Brooklyn Center City Council recessed at 8:19 p.m. and reconvened at 8:33 p.m. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 85016 SUBMITTED BY VILLAGE PROPERTIES FOR A VARIANCE FROM; SECTION 35 -400 OF THE ZONING ORDINANCE The City Manager explained this application would allow temporary 1' setback off Highway 252 right -of -way and would allow a density variance of two units at the Evergreen Park Apartments, 7200 -7224 Camden Avenue North. He stated the City Council tabled the application and continued the public hearing on June 24, 1985• The Director of Planning & Inspdction reviewed the history of this application including the location of the current buildings, the description of the original application and the conditions recommended for approval by the Planning Commission at their June 13, 1985 meeting, information presented at the June 24, 1985 City Council meeting, and changes affected by the Minnesota Department of Transportation proposals. He added Planning Commission Application No. 85016 was tabled by the City Council at their June 24, 1985 meeting. He stated the Planning Commission, at their June 27, 1985 meeting, expressed concern with a 40' setback from a 6' wall, and felt it did not meet the intent of City ordinance relating to setbacks. He added the Planning Commission felt the noise wall should be at least 12' in height for a 40' setback. I The Housing Coordinator re- entered the Council Chambers at 8:52 p.m. 7 -8 -85 -9- The Director of Planning & Inspection stated the Minnesota Department of Transportation does not wish to install a noise wall, but prefers landscaped berms instead. He added it has been the City's preference in the past to choose berms rather than the noise walls. He explained that for a temporary variance, the issues I remain the same regardless of what the MN /DOT'S action will be. If a wall is constructed, a standard setback should be determined. Councilmember Lhotka asked if it would be possible to proceed with the second proposal if landscaped berms are constructed, and the Director of Planning & Inspection stated more land is necessary to construct berms. Councilmember Lhotka asked if it would be possible to construct a berm on private property and add a fence to that property. The Director of Planning & Inspection responded this is a possibility. The Housing Coordinator left the Council Chambers at 9:07 p.m. Councilmember Theis inquired as to what would become of the property on the east side of T. H. 252, and wondered if a noise wall on the west side would make it noisier for those on the east side of T.H. 252. The City Manager stated a duplex is on the east side of T. H. 252, and noted a landscaped berm would be constructed on the east side. Councilmember Scott stated she would prefer a berm over a noise wall any day based on her experience. Mayor Nyquist recognized Mr. Ken Solie of Village Properties who stated in the two story buildings, the second story would be noisier. According to Mr. Solie, Village Properties intends to extend the wings on the east end of the. building to deter the noise. Councilmember Hawes asked if there are any openings on the east end of the building in question, and Mr. Solie responded there are not. The Housing Coordinator returned to the City Council Chambers at 9:08 p.m. Councilmember Theis asked if a landscaped berm and a fence is installed, and half of the berm is on private property, what the maximum number of units would be before a variance is needed. The Director of Planning & Inspection stated it would be necessary to review a plan prior to answering this question. He restated the concern expressed by the Planning Commission of whether or not the intent of the ordinance is met for a noise wall for a 40' setback. Councilmember Hawes inquired as to the setback requirements of the side, rear and front of the 7206 Camden Avenue North building. The Director of Planning & Inspection responded that a 50' setback is required by ordinance but the City Council can utilize a lesser setback. Mayor Nyquist continued the public hearing on Planning Commission Application No. 85016. He inquired if there was anyone 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 Scott to close the public hearing on Application No. 85016. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve Application No. 85016 with authorization fora 12 combination of landscaped 7 -8 -85 -10- berm and noise wall for a 40' setback, and subject to the following conditions: 1. The variance is justifiable on the basis of a physical hardship created by the highway taking and the public interest in preserving real property, and is not justifiable on the basis of the owner's financial interests alone. 2. The applicant shall secure from the relevant parties the repurchase rights to any excess right -of -way to the east of the Evergreen Park Apartments property, prior to the issuance of permits for relocation of the 7212 building. 3• The applicant shall submit, prior to the issuance of permits for building relocation, a letter from MN /DOT acknowledging that there is adequate excess right -of -way and /or potential mitigating improvements in the future to provide for required ordinance setbacks. 4. The applicant shall submit for review and approval by the Planning Commission and City Council a site and building plan application for the property with new building and parking locations and any other site modifications comprehended, prior to the issuance of permits for relocation and reconstruction. 5. In the event that the 7212 building is "substantially destroyed" by the attempted relocation, the density variance shall be voided and any new construction shall conform to the density limitations of the Zoning Ordinance. 6. Following construction of the new Highway 252, the applicant shall acquire the excess right -of -way immediately to the east of the apartment complex and maintain the area in a manner consistent with the proposed site plan and the Housing Maintenance and Occupancy Ordinance. 7. The applicant shall enter into an agreement with the City, in a manner approved by the City Attorney, assuring that they will acquire excess right -of -way from the MN /DOT and shall combine this property to the Evergreen Apartment complex through platting or registered land survey. Said agreement shall be filed with the title to the property prior to issuance of permits for relocation or remodeling. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against: Rich Theis. The motion carried. The Director of Planning & Inspection left the Council Chambers at 9:18 p.m. PUBLIC HEARING ON ESTABLIS OF A MULTIFAMILY HOUSING BOND ON BROOKWOOD CONDOMINIUMS - (CONTINUED The City Manager stated there is additional information on Brookwood condominiums to be added to the record. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to reopen the public hearing on Establishment of a Multifamily Housing Bond on 7 -8 -85 -11- I Brookwood Condominiums. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. Mayor Nyquist recognized Mr. Jay Cook of Dorsey & Whitney who explained that Brutger Companies, Inc. wished the City Council to understand the agreements reached with the six former condominium owners, and explained the details of the agreement. He also reviewed a letter received from an attorney representing one of the current owners of a condominium unit. Mr. Cook stated the terms proposed by the attorney were unaccepta p ble to Brutger, and the client would continue to own the t. e un Mr. Cook reviewed the request from the other condominium owner and stated the client will continue ownership of the unit. He stated Brutger feels they have exhausted every possibility for settlement at this time. He explained Brutger is interested in gaining the City's approval in order to appear before the Minnesota Housing Finance Agency, and requests the City Council to reconsider and approve the resolution before them. Councilmember Lhotka stated he is still concerned for reasons stated earlier and would not vote on this item this evening. r. Wall Johnson of Brutger stated �• Y g passage of the resolution is necessary to receive approval of the housing plan. He added they are on a tight time table and pointed out that none of the owners are present at the public hearing. Councilmember Lhotka stated it was his interpretation that even if the resolution is delayed by two weeks, Brutger will still be able-to meet their timetable. Mr. Johnson stated the Minnesota Housing Finance Agency requires a ten -day notice to be placed on their agenda, and the Agency meets just once per month. Councilmember Lhotka inquired as to how the residents will be notified, and the Housing Coordinator stated they could be contacted by phone. The City Manager stated it ma p ossible y r yle t• grant preliminary approval, and the City Attorney stated there should be some concern about the variance between the real facts and those presented this evening. Councilmember Lhotka left the Council Chambers at 9:39 p.m. and returned at 9 :41 .m. Councilmember Theis expressed concern over the motives of the residents who had written letters stating their counter proposals for settlement. Mayor Nyquist stated assuming the letters are legitimate, it is still important to know the residents understand the City will take no further action on the matter. Councilmember Scott requested phone calls be made to the residents with follow -up letters which would provide proof of notification. Mr. Cook stated the residents are aware of the current circumstances and he would object to the City taking any special action for them. Mr. Johnson asked for some direction from the City Council, inquiring what the expected result of a notification letter to the residents would be. Councilmember Lhotka state Brutger er Com anies Inc. is n g P t o required to do anything additional, but the City wants the two residents to be aware that the units around them are rental units and the City is not attempting to reopen negotiations. Mayor Nyquist inquired as to whether or not the residents were formally notified of the public hearing this evening, and the Housing Coordinator stated they were not. Councilmember Theis asked if it would be possible to adopt the resolution on the condition that the facts are correct. The City Attorney pointed out that staff could add a clause stating additional information must be verified, and if the facts 7 -8 -85 -12- come back showing residents have relied on the City, the resolution would be made void. A final decision to use or reject the clause could come at the July 22, 1985 City Council meeting. Nor. Cook stated he preferred not to see any special condition set. Mayor Nyquist stated he did not wish to receive any phone calls from individuals stating they thought the City would not approve anything until all condominium units were sold. Councilmember Theis stated the meeting on July 22, 1985 could be used to reverse the resolution if necessary. Councilmember Scott introduced the following resolution and moved its adoption: RESOLUTION ADOPTING A HOUSING BOND PROGRAM FOR THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS FOR THE BROOKWOOD ESTATES PROJECT AND AUTHORIZING SUBMISSION OF SAME TO THE MINNESOTA HOUSING FINANCE AGENCY AND THE METROPOLITAN COUNCIL Councilmember Scott included the condition that the resolution would become void if the information presented by Brutger Companies, Inc. this evening was found to be false. The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes. The City Attorney stated it is not a good practice to alter a proposed resolution when dealing with the sale of bonds. He recommended the City Council either adopt the original resolution and the two owners must live with the results or wait two weeks until sufficient information is received and Brutger Companies, Inc. would have to accept the delay. Councilmember Scott withdrew her resolution and Councilmember Hawes did not object. Councilmember Scott introduced the following resolution and moved its adoption: RESOLUTION ADOPTING A HOUSING BOND PROGRAM FOR THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS FOR THE BROOKWOOD ESTATES PROJECT AND AUTHORIZING SUBMISSION OF SAME TO THE MINNESOTA HOUSING FINANCE AGENCY AND THE METROPOLITAN COUNCIL Councilmember Theis wondered if the only ther opportunity pportunity to discontinue the process would be at the time of a final resolution which the City Council would probably have difficulty not passing. The City Attorney stated much will depend on the facts of the situation, including to what extent the developers had been led to rely on the first approval. Mr. Johnson stated Brutger has been bargaining in good faith. Mayor Nyquist inquired if anyone wished to second the motion for the adoption of the resolution, and upon finding no one to do so stated the motion died for a lack of a second. Councilmember Theis suggested the City Council meet again prior to the July 22, 1985 City Council meeting on an evening early enough to allow Brutger to proceed and also to receive assurance from the residents that the facts presented are correct. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to continue the public hearing on Establishment of a Multifamily Housing Bond on Brookwood Condominiums to July 11, 1985 at 7:00 p.m. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion . assed unanimously. y The Housing Coordinator stated he would contact the residents and inform them of this meeting. Il 7 -8 -85 -13- CONDITIONS FOR EMPLOYMENT OF HENRY (BO) SPURRIER FOR THE POSITION OF CITY ENGINEER The City Manager stated it would be necessary for the City Council to approve special conditions for employment of Mr. Bo Spurrier for the position of City Engineer. There was a motion by Councilmember Scott and seconded by Councilmember Theis to allow Mr. Henry Spurrier 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, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:15 p.m. L Deputy Ft y Clerk Mayor 7 -8 -85 -14-