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HomeMy WebLinkAbout1985 08-12 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 AUGUST 12, 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, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, City Engineer Bo Spurrier, City Attorney Richard Schieffer, Housing Coordinator Brad Hoffman, and Deputy City Clerk Geralyn Barone. INVOCATION The invocation was offered by Pastor Sheldon Matheson of Brockdale Covenant Church. OPEN FORUM Mayor Nyquist noted he had received one request to use the Open Forum session this evening from Mr. Bud Murphy, 5607 Lyndale Avenue North. Mayor Nyquist recognized Mr. Murphy who stated he is unhappy with the situation regarding the street improvement project on Lyndale Avenue North. He noted the street was supposed to be finished in early July, and it still is not finished. He added residents have been inconvenienced quite a bit and it is time to do something about the situation. The Director of Public Works responded saying the specified completion date of the project is August 15, 1985, but the contractor will not meet that date. He briefed the City Council on the history of the project, noting the project was awarded in early May, 1985 and good progress was made in the early stages of the project. The Director of Public Works stated that when the public utility companies made their adjustments the process took a little longer than expected, but these companies were finished by June, 1985. He noted the contractor did minimal work in July, 1985 and said he was told by the contractor that the contractor's crews were moved to another project because of the delay by the public utility companies. The contractor told the City the delay would be only a few days, and the Director of Public Works said the City accepted this for a two week period. He added when progress was made, staff attempted to get the contractor back to work by sending two official notices which stated that if work was not acceptable, the City would take further action. The contractor was slow in responding to the ultimatum and was finally back to work during the week preceding this evening's meeting. The Director of Public Works noted the heavy rain today did stop the project, but estimated with reasonably good weather conditions the project can be completed within two weeks. He added that a penalty clause in the contract refers to a $100 per calendar day penalty. Councilmember Scott asked the Director of Public Works if he is satisfied with the quality of work produced by the contractor, and the Director of Public Works responded that in general he is satified with the work, although some aspects of the job have not been accepted. 8 -12 -85 -1- Mr. Murphy stated the residents were promised watering of the street at least once a week, but this has not occurred. Councilmember Hawes stated he talked to Mrs. Carr, owner of the Riverside Motel at 5608 Lyndale Avenue North, and Mrs. Carr told him that the foreman told her the aprons would be paved, but this was not done. Councilmember Hawes asked why the foreman promised something and did not act on his promise. The Director of Public Works stated that this has been a common problem with this specific contractor. Councilmember Hawes asked if this contractor had been used by the City prior to this project, and the Director of Public Works responded affirmatively, saying the contractor did a satisfactory job. He added that the job was not similar to the project now under construction. He also stated that prior to awarding this contract, the City contacted three to four other municipalities for references and received good references regarding this contractor. Councilmember Hawes asked if the contractor's quotation was far below the other bidders, and the Director of Public Works stated it did not deviate much from the other bids. He added that the amount of the bid should not be an excuse for failure to perform. He noted under the rules of the game there is little the City can do to force performance. In response to a previous comment on dust control, the Director of Public Works said the contractor was told that water must be provided two times a day when it does not rain, and if the contractor does not do so the City will take dust control measures and charge the cost against the contractor. Councilmember Hawes asked what action the City might take if the project is not completed within two weeks. The Director of Public Works stated that complicated legal proceedings may be in order, and the contract's specifications state the City has the authority to take over and complete the project. The City Attorney noted that taking action against the contractor does not guarantee faster completion of the project. He added if there is a total lack of performance from the contractor, a good remedy is to remove the contractor from the project and hire another contractor. In this case, however, the City would be better off to get the hired contractor back on the job. Councilmember Hawes asked if giving the contractor additional time to complete the job will cause the contractor to drag the project out even longer, and the City Attorney stated it would not. Councilmember Hawes stated it seems as though the contractor does not really care at this point, and the City Attorney stated if the contractor does not complete the job the City can step in and take action. Councilmember Lhotka asked if the City has a performance schedule for the next two weeks, and the Director of Public Works stated that all aprons have been completed, and projects yet to be completed include laying the gravel base and blacktop, and landscaping behind the curbs. He added with adequate crews, the project should be finished within the two week period. Councilmember Lhotka asked if the contractor has said that crews will be available, and the Director of Public Works stated the contractor had not yet said they would. Councilmember Lhotka then asked how the City can be sure that the job will be done within two weeks, and the Director of Public Works stated the expected completion date is August 15, 1985, and the contractor is penalized for every day beyond that date. The City Manager added the contractor is allowed to hire a subcontractor to complete some of the work. The Director of Public Works noted the evaluation will be based on final performance, and the contractor has been told to finish as close to the completion date as possible. Councilmember Theis stated he has looked at the area and wonders if there is a danger to the trees surviving because of the closeness of the retaining wall. The Director of Public Works stated the greatest concern is that the roots were exposed for a long 8 -12 -85 -2- period of time, and photographs have been taken of the situation. Councilmember Theis asked if a guarantee can be made that the trees will survive, and the Director of Public Works stated if the trees do not survive, he would expect a claim from the property owner against the City and /or the contractor. Councilmember Theis questioned the type of damages the contractor can incur, and the Director of Public Works stated there would be liquidated damages only for additional costs occurring as a result of the extension of the project. He added this includes the City's cost of inspections, surveying, and other related costs. He noted a true penalty charge cannot be made against the contractor. The City Attorney stated there must be a loss to the City and if the case would go to court, it would be necessary to show what the actual loss is. Councilmember Theis asked if the City wishes to collect under liquidated damages, would it be necessary to go through the court system. The City Attorney stated that in most cases the two parties negotiate a settlement prior to going to court. Mr. Murphy noted he lived across from the Riverside Motel, and as a result of the street's condition there have been large puddles in the street. He noted this probably would create a problem this winter. Mayor Nyquist stated the City is aware of the problem. Mayor Nyquist recognized Mr. Tony Schmid, 5500 Lyndale Avenue North, who stated he has appeared before the Council before and noted most residents were against the road in the first place because of the cost. He noted residents have put up with the traffic problem for years, and have been promised a good road. Mr. Schmid stated that now the City has a contractor who is not providing the services contracted for, and the residents are the losers. He stated the dust control is virtually nonexistent and the cost to hose down a yard is very expensive. He added his car has been towed three times after getting stuck in the mud, and the mailman has also gotten stuck. He noted a lot of the traffic traveling on Lyndale is from outside of the neighborhood, even though the road is closed to local traffic only. He added the road does look good today compared to what it has been. He complained of the problem with the mud, and stated his neighbor is a nurse who wears white and he wears a suit to work, and their clothes have been ruined from getting stuck in the mud. In his estimation, Mr. Schmid stated the $100 per day penalty is peanuts. In his final comment, Mr. Schmid stated the work on the retaining wall is of very poor quality and he would recommend removing it. Mayor Nyquist recognized Ms. Nancy Forrest, 5520 Lyndale Avenue North, who stated she has not . been able to park in her driveway for nearly a month. She stated from the retaining wall there is a six and one -half foot drop to her property, and because of the poor lighting it is also difficult to seethe wall at night. She noted that she does have well water, and during the last three weeks the water pressure has been poor. The Director of Public Works stated the City recognizes a problem with the retaining wall, and a railing will be put on top of the wall. He noted this is not required by law, and stated the City will investigate the problem with the water pressure in more detail. He also noted a landscaping project is planned. Mayor Nyquist recognized Ms. Sue Schmid, 5500 Lyndale Avenue North, who stated a little over a year ago the residents asked the City not to do anything. She said delays have added insult to injury. Ms. Schmid stated that residents have called her residence when they cannot contact the City, and there are a great number of people experiencing the water pressure problems. She stated the retaining wall creates a safety problem, and the aprons already installed do not line up with the driveway. She remarked that there were so many nice days when no one was working on 8 -12 -85 -3- F the road, and finally last week workers were out with heavy equipment at 6:30 a.m. She noted some people do work the night shift and the early start is a problem for some people in the area. She finally noted that the toilet has not been flushing correctly because of the pressure problem. Mayor Nyquist stated that the Director of Public Works has been attempting to get the contractors to complete the project. Councilmember Scott stated she does live on this street; and the comments this evening are just a small sample of what she hears every night. She stated she will make sure that this is a decent construction project. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the Consent Agenda. Councilmember Lhotka requested item 8c be removed from the Consent Agenda. Mayor Nyquist noted that agenda item 8b would be part of the HRA agenda this evening. APPROVAL OF MINUTES - JULY 8, 1985 There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the July 8, 1985 City Council meeting as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. APPROVAL OF MINUTES - JULY 11, 1985 There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the July 11, 1985 special session of the City Council meeting as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. APPROVAL OF MINUTES - JULY 22, 1985 There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the July 22, 1985 City Council meeting as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 85 -137 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION'RECOGNIZING THE ACHIEVEMENTS OF DR. ROBERT I. SHRAGG 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. RESOLUTION NO. 85 -138 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RESTABLISHING IMPROVEMENT PROJECT NO. 1985-24 (INSTALLATION OF SIDEWALK ON WEST SIDE OF HUM 0LDT AVENUE NORTH BETWEEN 71ST AVENUE AND AMY LANE) AND ACCEPTING QUOTATIONS FOR CONSTRUCTION THEREOF 8 -12 -85 -4- 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. RESOLUTION NO. 85 -139 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATIONS FOR REPLACING WINDOWS AND INSTALLING WEATHERSTRIPPING ON WINDOWS AND DOORS AT COMMUNITY CENTER SWIMMING POOL 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. RESOLUTION NO. 85 -140 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT NO. 1985 -25 (H. V.A. C. SYSTEM IMPROVEMENTS AT WEST FIRE STATION /LIQUOR STORE NO. 2) AND APPROVING AGREEMENT WITH OFTEDAL, LOCKE AND BROADSTON FOR PROFESSIONAL SERVICES FOR DESIGN 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, 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 -141 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1985 -D (POLICE DEPARTMENT REMODELING) 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. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: AMUSEMENT DEVICE - OPERATOR Earle Brown Bowl 6440 James Circle Green Mill 5540 Brooklyn Blvd. Ground Round Restaurant 2545 County Rd. 10 Show Biz Pizza 5939 John Martin Dr. AMUSEMENT DEVICE - VENDOR Dahlco Music 119 State Street 8 -12 -85 -5- FOOD ESTABLISHMENT LICENSE Baskin Robbins Brookdale Center Canteen Corporation 6300 Penn Ave. S. Medtronics 6700 Shingle Cr. Pkwy. Interstate United 1091 Pierce Butler Rte. Ault, Inc. 1600 Freeway Blvd. GARBAGE & REFUSE VEHICLE LICENSE Minneapolis Hide & Tallow P.O. Box 12547 Waste Control 95 W. Ivy Street Woodlake Sanitary Service 4000 Hamel Rd. MECHANICAL SYSTEMS LICENSE Northeast Sheet Metal, Inc. 4347 Central Ave. NE St. Marie Sheet Metal 7940 Spring Lk. Park Blvd. PERISHABLE VENDING MACHINE LICENSE Interstate United Corp. 1091 Pierce Butler Rte. Ault, Inc. 1600 Freeway Blvd. Minnesota Viking Food Service 5200 W. 74th St. North France Health Club 4001 Lakebreeze Ave. SIGN HANGERS LICENSE Signcrafters Outdoor Display, Inc. 7775 Main St. NE Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 85009 SUBMITTED BY FOUNDATION STONE MINISTRIES, INC. FOR REZONING OF THE 4.5 ACRE PARCEL AT THE SOUTHWEST CORNER OF I -94 AND BROOKLYN BOULEVARD FROM R5 TO C1 The City Manager stated this application was considered by the Planning Commission at its May 9, 1985 meeting, was tabled and referred to the West Central Advisory Group for review and comment, and recommended for approval by the Planning Commission at its July 11, 1985 meeting. The City Council reviewed this application at its July 22, 1985 meeting and tabled it to this evening's meeting awaiting further information on the application. The Director of Planning & Inspection reviewed two reports received from the City Assessor and the Director of Public Works. He noted the location of the property involved in this application, and reviewed the past history of the lot. He also reviewed the resolution before the City Council tonight on this item. The Director of Public Works noted a correction of his memorandum, stating the maximum hour traffic volume for a church would be 50, not 15. The City Manager reviewed the memorandum prepared by the City Assessor. Councilmember Lhotka asked if the amount of taxes included in the memorandum is the total amount collectable, and the City Manager responded affirmatively stating that for each parcel of land approximately 15% to 17% is the City of Brooklyn Center's share of taxes. Councilmember Theis referred to the Comprehensive Plan and asked if any plans for 8 -12 -85 -6- rezoning on Brooklyn Boulevard have been made in this area. The Director of Planning & Inspection stated either mid - density residential or office uses would be appropriate. Councilmember Lhotka inquired as to why it is necessary to rezone the property, and the Director of Planning & Inspection stated that currently the property is in a R5 zone where no church uses are allowed. If the property is rezoned, development plans must be presented before the Planning Commission and the City Council. Councilmember Lhotka asked if the rezoning request is for only one parcel of land, and the Director of Planning & Inspection responded affirmatively. He noted the way the land is zoned now is not consistent with the Comprehensive Plan. Mayor Nyquist stated he prefers changing the ordinance rather than rezoning the property. Councilmember Scott agreed, stating there have been a number of proposed projects that have not materialized. Councilmember Lhotka asked why C1 zoning is preferred to R5 zoning in this area. The Director of Planning & Inspection stated that C1 zoning is appropriate for certain uses, and the request was brought to the Planning Commission in this way. The City Manager stated his experience has been that neighbors prefer a C1 zone rather than an R5 zone to be adjacent to their property. Councilmember Scott noted that more desirable projects normally zoned in C1 areas can be built in a R5 zone. The City Manager noted that if the property is left as it is, the R5 zone would be inconsistent with the guidelines of the Comprehensive Plan. Councilmember Hawes stated he is concerned with rezoning from R5 to C1, although the C1 uses would not bother him. He stated he is very concerned with potential traffic problems, but noted whatever use is made of the land, there will be traffic problems. The Director of Planning & Inspection stated notices have been sent to the residents and the applicant was also notified of this evening's meeting. Mayor Nyquist asked if the applicant had any comments to make, and there was no response. Mayor Nyquist recognized Mr. Lenny Samuelson, 7800 Northeast East River Road, Fridley, who stated he retains part ownership of the property. He noted that when he was on the City Council with the City of Fridley, the Council would withhold the last reading of an ordinance until the submission of the construction permit was approved. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to move the following resolution: Resolution Regarding Disposition of Application No. 85009 Submitted by Foundation Stone Ministries, Inc. Councilmember Lhotka asked if it would be possible to place a condition on the rezoning that the project must be completed. The City Attorney stated this would be pretty risky, although no court has come out against doing so. He added there are ways to ensure that a project is completed, but none of these are foolproof. The Director of Planning & Inspection stated that they have withheld final readings awaiting the submission of final plans. Mayor Nyquist noted he received a petition with 77 signatures opposing the rezoning, and at the request of Councilmember Theis the Mayor read the statement on the petition. Councilmember Theis asked what would be more undesirable than the C1 zoning, and the Director of Planning & Inspection stated that there are more desirable commercial uses. The City Manager noted that office buildings are perceived as a better neighbor, as opposed to fast food 8 -12 -85 -7- restaurants. He also stated that office buildings are preferred to apartment buildings. Mayor Nyquist noted that four affirmative votes are necessary for passage of the resolution. Upon vote being taken on the resolution, the following members voted in favor: Councilmembers Hawes and Lhotka. Voting against: Mayor Nyquist, Councilmembers Scott and Theis. The motion failed. The City Attorney stated that at this point the City Council should direct staff to prepare an appropriate action rather than take any further action this evening. There was a motion by Councilmember Scott and seconded by Councilmember Theis to direct City staff to prepare the appropriate measure for making churches as a special use in the R5 zoning district. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. A member of the audience asked for clarification of the proceedings, and the City Manager stated the property will remain as R5 property, but the City Council will propose to allow a church use on the R5 property. Mayor Nyquist recognized Mx. Charles Gustafson, 3801 66th Avenue North, who noted that if a church is built it will kill an chances of ever having a commercial y v g comet cial use in the area. The City Manager noted there are churches located on Brooklyn Boulevard with commercial uses across from them. Mr. Gustafson pointed out that if a church is in the area, it will no longer be possible to have uses for places with liquor like restaurants and motels. Mayor Nyquist recognized Mr. Gary Zimmer, 6527 Brooklyn Boulevard, who asked what the uses are in a R5 zone. The City Manager stated apartments are allowed, and C1 uses are special uses in that zone. He added apartments are limited to three stories and 16 units per acre, while offices are limited to 3 stories. Mr. Zimmer stated he failed to understand why the rezoning did not pass. The City Manager noted at this time R5 uses are not desired. The City Attorney stated there is no other action the City can take at this time. Mayor Nyquist recognized the applicant, Mr. Mark Anderson who stated that the people opposed were opposed to the church, and not the rezoning. Mayor Nyquist said this was not so according to letters he has received. Mr. Anderson stated that every time the issue is postponed the church is closer to not happening at all. He stated this concerns him but it is his full intention to continue with the process. Mayor Nyquist stated he hoped this will not have to return to the Planning Commission. Councilmember Lhotka asked if the proposal comes back to the City Council, would it need a four to one approval from the Council. The City Attorney noted that any amendment to the zoning ordinance requires four of five Councilmembers to approve the amendment. Councilmember Lhotka requested additional information on the pros and cons of the problems related to the property. Mayor Nyquist noted that items 1Oa2 and 1Oa3 on this evening's agenda are moot at this point, and the City Manager agreed. There was no action taken on the two ordinances offered related to Planning Commission Application No. 85009. PLANNING COMMISSION APPLICATION NO. 85017 SUBMITTED BY ARBY'S REQUESTING SPECIAL USE PERMIT APPROVAL TO OPERATE A CONVENIENCE FOOD RESTAURANT IN THE BROOKDALE MALL The City Manager noted this item was recommended for approval by the Planning 8 -12 -85 -8- Commission at its July 25, 1985 meeting. The Director of Planning & Inspection reviewed the Planning Commission minutes from the July 25, 1985 meeting, stating the Planning Commission did recommend approval of the application. He stated an ordinance amendment is being drafted, and the amendment would exempt convenience food businesses from needing special use permits in major shopping malls. Mayor Nyquist asked why nothing was done when One PotatoeTwo started business at Brookdale, and the Director of Planning & Inspection stated he was not sure. Councilmember Hawes asked if Brookdale were allowed to have drive -up windows for convenience food restaurants, what kind of problems this would cause. The Director of Planning & Inspection stated this would be possible, but he is unaware of any special problems. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 85017 and inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Theis to close the public hearing on Planning Commission Application No. 85017. Voting in favor: Mayor Nyquist, Council-members Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve Application No. 85017, subject to the following conditions: 1. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 2. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 3. Special use permit approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. Mayor Nyquist recognized Mir. Chuck Nadler who stated his family owns the Arby's restaurants in the Twin Cities area. He said the Arby's restaurants located near Rosedale and Southdale are freestanding, although they do have the drive- through window area. He added that Arby's is happy to be coming to Brooklyn Center. RECESS The Brooklyn Center City Council recessed at 8:50 p.m. and reconvened at 9:05 P.m. PLANNING COMM ISSION APPLICATION NO. 85016 SUBMITTED BY VILLAGE PROPERTIES FOR A VARIANCE FROM SECTION 35-400 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 EVREGREEN PARK APARTMENTS, 7200 -722T CAMDEN AVENUE NORTH The City Manager introduced this item stating staff is prepared to update the City Council on the status of this application. 8 -12 -85 -9- The Director of Planning & Inspection reviewed the past action by the City Council at their July 8, 1985 meeting, at which time the City Council approved the variance request. He presented information from letters received from the highway department which stated either a six foot berm or an eight foot wall will meet federal and state safety noise standards. Therefore, the Director of Planning & Inspection recommended that the City Council acknowledge that with either a six foot berm or an eight foot wall, the City will allow a 40' setback. He added it would be necessary for the Council to modify their previous action taken on July 8, 1985 regarding the conditions of this application. Councilmember Lhotka asked why a berm only cannot be installed along this property, and the Director of Planning & Inspection stated that a berm takes up more area. Councilmember Lhotka stated he understood from the July 8, 1985 City Council meeting that the berm can be on both public and private land. The Director of Public Works stated some of the berm will be constructed on the easement. Councilmembers Lhotka and Theis, the Director of Planning & Inspection, the Director of Public Works, and the City Manager ensued in a discussion on the alternative for a berm and wall. Councilmember Hawes asked if a fence were installed whether or not the highway department would have to maintain the height of the weeds. The Director of Planning & Inspection stated the highway department would not maintain the area on the west side of the wall. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to correct the findings of Planning Commission Application No. 85016 to state that either a six foot berm or an eight foot wall will meet the 40' setback standards. Councilmember Lhotka asked why a six foot berm is the same as an eight foot wall in noise reduction, and the Director of Planning & Inspection stated that because the berm is more dense, it is equivalent to the wall. Councilmember Lhotka asked who makes the determination of whether a berm or a wall will be installed, and the City Manager stated the applicant proposes what the choice will be. Upon vote being taken on the preceding motion, the following voted in favor thereof: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PERFORMANCE GUARANTEE FORECLOSURE FOR HI CREST SQUARE ESTATES, 69TH AVENUE NORTH AND FREMONT PLACE The City Manager referred to a written report from the Planning & Inspection Department and recommended foreclosure on Hi Crest Square Estates. Councilmember Hawes referred to the resolution on this item and asked why there was a discrepancy showing $45,000 in one part of the resolution and $75,000 in another part of the resolution. The Director of Planning & Inspection stated the City Council has authorized a reduction in the amount of the performance guarantee from $75,000 to $45,000, but nothing was ever received from the applicant. RESOLUTION NO. 85 -146 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING INSPECTION REPORT ON HI CREST SQUARE ESTATES AND DIRECTING STAFF TO COMPLETE WORK WITH FUNDS GUARANTEED UNDER LETTER OF CREDIT FROM CAMDEN NORTHWESTERN BANK 8 -12 -85 -10- The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon a 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 RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Granting Final Approval for Multifamily Mortgage Revenue Bonds, stating this item refers to the Brookwood Estates Apartment Project. He added the City Council has received a report from Brookwood Management. Councilmember Lhotka asked if the problems are being solved at Brookwood. Mayor Nyquist recognized Mr. Wally Johnson of Brutger Companies, Inc., who stated 95% of the problems have been resolved, including the leaking water problems. He stated there still is a leakage problem on the fifth floor near the elevator. Councilmember Lhotka asked about the odor problem, and Mr. Johnson stated the problem seems to be in one particular unit from an open drain and it is not a water problem. Councilmember Lhotka asked what the procedure is if someone goes on vacation, and the City Manager stated it will take more than one week for a problem like this to occur. He added inspectors have checked all units and there is an understanding that the problem has cleared up. Councilmember Lhotka then asked if most of the other problems are under control, and Mr. Johnson responded affirmatively. Councilmember Lhotka asked if a management firm has been hired, and Mr. Johnson stated one has and will start on August 15, 1985. RESOLUTION NO. 85 -142 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE ISSUANCE OF THE CITY OF BROOKLYN CENTER, MINNESOTA, MULTIFAMILY HOUSING REVENUE BONDS (BROOKWOOD ESTATES PROJECT), IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $3, 600, 000, WHICH BONDS AND THE INTEREST AND PREMIUM THEREON SHALL BE PAYABLE SOLELY FROM THE REVENUES DERIVED FROM THE LOAN AGREEMENT AND THE LETTER OF CREDIT; PRESCRIBING THE FORM OF AND AUTHORIZING THE EXECUTION OF A TRUST INDENTURE, A LOAN AGREEMENT, A LETTER OF CREDIT AGREEMENT, AND A REGULATORY AGREEMENT; AUTHORIZING THE EXECUTION AND SALE OF THE BONDS AND DIRECTING DELIVERY THEREOF; AUTHORIZING ACCEPTANCE OF THE CONTRACT OF PURCHASE IN CONNECTION WITH THE BONDS; CONSENTING TO THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND A FORM OF FINAL OFFICIAL STATEMENT AND PROVIDING FOR THE SECURITIES, RIGHTS, AND REMEDIES OF THE HOLDERS OF SAID REVENUE BONDS 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 referred to a Resolution Accepting Bid and Approving Contract 1985 - L Regarding Installation of Fuel Tanks and Dispensers at the Municipal Service Garage. He stated that the bids have been rejected, and the City Council should authorize City personnel to readvertise for bids. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to reject the bids and authorize the City to readvertise for bids for Contract 1985 -L• Voting in favor: 8 -12 -85 -11- i Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The City Manager introduced a Resolution Establishing Policy for Deferment of Special Assessments for Persons 65 Years of Age and for Persons Who are Totally and Permanently Disabled. The Director of Public Works reviewed the policy as revised by City staff. Mayor Nyquist asked if there is a problem in defining disability, and the Director of Public Works stated that State Statutes are used to define disability. Councilmember Theis asked if at least one person must be 65 years of age or older, and the Director of Public Works responded affirmatively. Councilmember Theis noted the first year installment is usually inflated and he stated he would have a problem with this because it does not give a true indication of the assessment. The Director of Public Works stated that the first year installment is inflated, but there is not as much of a problem now as there had been several years ago. He added the formula is already complex and hard to explain from an administrative standpoint. Councilmember Scott asked for further clarification of the chart presented by staff, and the Director of Public Works clarified the information for Councilmember Scott. Councilmember Hawes asked if there is only a one- person household, if the $17,400 exclusion still holds. The Director of Public Works stated that the exclusion would hold in such a case. RESOLUTION NO. 85 -1 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION RELATING TO DEFERMENT OF SPECIAL ASSESSMENTS FOR PERSONS 65 YEARS OF AGE OR OLDER AND ESTABLISHING AN INTEREST RATE 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. The City Manager introduced a Resolution Approving the Five Year Municipal State Aid Street Construction Program. He noted the projects envisioned are not a total commitment by the City, but the State requires such forms to be completed with the understanding that the City is not totally committed to them. The Director of Public Works referred to the resolution and reviewed the projects, emphasizing the City does not have to proceed with the proposals although this step is a requirement by the State. He reviewed the various locations in the City affected by the proposals. Councilmember Lhotka asked if the 66th Avenue construction is included in this proposal, and the Director of Public Works stated since that project would not be charged to the State Aid Funds, it is not required to be reported under these rules. Councilmember Lhotka asked if City money is involved in the improvement of westbound I -694 to southbound I -94, and the City Manager stated no local funding is involved. The Director of Public Works continued to review the areas affected by this program. 8 -12 -85 -12- Mayor Nyquist asked if the traffic signals at 51st Avenue North would be justified and the Director of Public Works stated they would not be if the North Lilac Drive improvement is made near Brooklyn Boulevard and T.H. 100. RESOLUTION NO. 85 -144 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING FIVE YEAR MUNICIPAL STATE AID CAPITAL IMPROVEMENT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, 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 d against the same: none, whereupon said resolution was declared duly passed and adopted. FINAL PLAT APPROVAL, TANAMI ADDITION There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve the final plat of the Tanami Addition. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO. 85 -145 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF UTILITY HOOKUP FEE AGREEMENT FOR TANAMI ADDITION The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, 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. DISCUSSION ITEMS ALLOCATION OF INDUSTRIAL REVENUE BONDS The City Manager stated that staff is re ar ' p p ed to discuss the City's current status as related to industrial revenue bonds. The Housing Coordinator stated the City must indicate by September 1, 1985 if the City wishes to retain its allocation. He added the City must submit a letter of intent to retain the ability to have the money refunded up to October 1, 1985. The Housing oordinator stated ed that staff will have further information with the available options to the City at the next City Council meeting. LICENSING FEE FOR AMUSEMENT DEVICES The City Manager stated that Thiesen Vending Company has requested to appear before the City Council this evening to discuss the fee structure. Mayor Nyquist recognized Mr. Tom Thiesen owner of Thiesen Vending Company, who stated he wished to bring to the City Council's attention the fees on amusement games. He stated the industry has changed drastically in the last few years. He noted business has decreased and there are fewer requests for installation of amusement machines. He added things have changed such that game rooms have 8 -12 -85 -13- i disappeared. He asked the City Council to reconsider the fees the City now charges for amusement games. Mr. Thiesen stated he is in the coin operated business which includes machines for coffee, candy, pop, cigarettes, and other machines which take coins. He stated some machines give products while others give amusement. Mr. Thiesen expressed concern that the fees for amusement machines are not in order with other coin operated machines. Currently, he pays $7 per year for licensing of perishable items and $8 per year for nonperishable items, noting if the license fee is based on the revenue or exposure, the fees are low. He added the cost for installing amusement devices includes $100 for a one -time investigation fee, $150 operator's fee, and $50 per machine. He noted in the seven county area the average is $16 per machine for video machines, and many cities do not have any license fee at all. He stated Burnsville is one city that has no license fee, and noted there are some cities that have fees higher than Brooklyn Center. He said he is attempting to get a fair license fees in the metropolitan area and would like a standard regulatory fee without an investigation fee and an operator's fee. Mr. Thiesen requested that $25 per machine be charged, a fee which is three times higher than the charge for candy machine fees. Mayor Nyquist asked Mr. Thiesen if any other cities have lowered their fees, and Mr. Thiesen stated the cities of Eden Prairie, West St. Paul, and Anoka have already lowered their fees. He added that St. Louis Park and New Brighton are considering _ changing their fees. Councilmember Hawes said he supports the charge for investigation fees and Mr. g � Thiesen stated the City should not have three separate fees. Councilmember Hawes asked what the trend is in the industry, and Mr. Thiesen stated the number of installations has fallen off 50% from one year ago, while revenues have decreased 30% from one year ago. He added that it was thought 1984 revenues would bottom out, but that is not the case. The City Manager stated the investigation fee was initiated for a reason in the past. Mr.Thiesen said he had to pay the investigation fee for both T. Wright's and for himself when installing devices at that location. The Director of Planning & Inspection stated that T. Wright's is not billed for an investigation fee for amusement devices because they had already paid for one when obtaining a liquor license. Mr. Thiesen stated he did have a problem with the $150 operator's fee plus the $50 per machine fee. The City Manager said the City is looking at license fees and will review the fees for amusement devices. He stated Thiesen Vending Company will be contacted if changes will be made in the ordinance, but this will probably not be until December. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Hawes 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 10:25 p.m. I � X I C�'r Dep City Clerk Mayor 8 -12 -85 -14-