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HomeMy WebLinkAbout1985 08-26 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 26, 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 7:04 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, 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, Housing Coordinator Brad Hoffman, and Deputy City Clerk Geralyn Barone. Mayor Nyquist noted that Councilmember Scott was out of town and was excused from this evening's meeting. INVOCATION The invocation was offered by Father Jim Shea of St. Alphonsus Church. OPEN FORUM P or Nygaist 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 removed from the Consent Agenda. Councilmember Lhotka requested items 8b and 8d be removed from the Consent Agenda. APPROVAL OF MINUTES - AUGUST 12, 1985 There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the minutes of the City Council meeting of August 12, 1985 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS RESOLUTION NO. 85 -147 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE BELLEVUE PARK NEIGHBORHOOD ASSOCIATION 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. 8 -26 -85 -1- j. RESOLU NO. 85 -148 Tim er Gene LTF6tka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE SHINGLE CREEK LAND COMPANY RELATING TO TRACTS C, D, AND E OF REGISTERED LAND SURVEY NO. 1482 AND SURPLUS MN /DOT RIGHT-OF-WAY 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. RESOLUTION NO. 85 -149 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED AND PROVIDING FOR HEARING ON PROPOSED ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1984 -05 (RAMADA INN LIFT STATION CONSTRUCTION) 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. RESOLUTION NO. 85 -150 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED AND PROVIDING FOR HEARING ON PROPOSED ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1985 -04 (LYNDALE AVENUE WATER MAIN INSTALLATION 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. RESOLUTION'NO. 85 -151 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED AND PROVIDING FOR HEARING ON PROPOSED ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1985 -05 (LYNDALE AVENUE STREET RECONSTRUCTION) 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 g , p d e olution was declared duly passed and adopted. RESOLUTION NO. 85 -152 Member Gene Lhotka introduced the following resolution and moved its adoption: 8 -26 -85 -2- RESOLUTION DECLARING COST TO BE ASSESSED AND PROVIDING FOR HEARING ON PROPOSED ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1985 -09 (XERXES AVENUE STREET RECONSTRUCTION) 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. RESOLUTION NO. 85 -153 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED AND PROVIDING FOR HEARING ON PROPOSED ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1985 -12 ( DALLAS ROAD CURB, GUTTER AND STREET RECONSTRUCTION) 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. RESOLUTION NO. 85 -154 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED AND PROVIDING FOR HEARING ON PROPOSED ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1985 -14 ( 65TH AVENUE CURB, GUTTER AND STREET RECONSTRUCTION) 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. RESOLUTION NO. 85 -155 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR HEARING ON PROPOSED ASSESSMENTS FOR DISEASED SHADE TREE REMOVAL COSTS; FOR PUBLIC UTILITY HOOKUP CHARGES; FOR DELINQUENT PUBLIC UTILITY ACCOUNTS; AND DELINQUENT WEED REMOVAL ACCOUNTS 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. RESOLUTION NO. 85 -156 Member Gene Lhotka introduced the following resolution and moved its adoption RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR TWO CIVIL DEFENSE SIRENS 8 -26 -85 -3- 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. LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the following list of licenses: FOOD ESTABLISHMENT LICENSE Kentucky Fried Chicken 5512 Brooklyn Blvd. GARBAGE HAULERS VEHICLE LICENSE Klein Sanitation 10690 100th Ave. N. Rapid Way Disposal 685 123rd Ave. NW MECHANICAL SYSTEMS LICENSE Commercial Air Conditioning 2200 Niagara Ln. Louis DeGidio, Inc. 6501 Cedar Ave. S. Pioneer Sheetmetal Inc. 1231 Pierce Butler Rte. NONPERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. Best Buy Co. 5717 Xerxes Ave. N. Greater NjDls. Girl Scout Council 5601 Brooklyn Blvd. Washington Inventory Service 7086 Brooklyn Blvd. Minnesota Viking Food Service 5200 W. 74th St. Silent Knight 1700 Freeway Blvd. Twin City Vending Co. 1065 E. Highway 36 First Western Bank 6040 Earle Brown Dr. Sears Brookdale Center . RENTAL DWELLING LICENSE Initial: Darrel A. Farr Devel. 4207 Lakeside Ave. #240 Jerry & Karen Fobbe 4811 Lakeview Ave. N. Goldie Johnson 905 61st Ave. N. Renewal: Clinton A. Sawinski 5918 Dupont Ave. N. Lyndon & Carole Carlson 5819 Halifax Ave. N. Daniel Gronseth 5306 Howe Lane David Busken 5310 James Ave. N. P. Zawislak & B. Maloney 5543 Judy Lane Jenry Ulhorn 5207 E. Twin Lake Blvd. T. Howe & B. Howe 3129 49th Ave. N. T. Howe & B. Howe 3135 49th Ave. N. Charles W. Fykson 904 53rd Ave. N. Joseph J. Kennedy 505, 09 61st Ave. N. M.P. Evanson 711 69th Ave. N. 8 -26 -85 -4- Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. PRESENTATION - YEAR 2000 STUDY The City Manager recognized members of the Year 2000 Committee present at this evening's meeting, including Barbara Jensen, Dale Greenwald, Phil Cohen, Tony Kuefler, and Bud Sorenson. The City Manager proceeded to review the Year 2000 Committee Report. The first recommendation presented by the City Manager requires merging the Year 2000 Committee Report with the City's Comprehensive Plan. Another recommendation of the committee is to begin a biennial planning process involving the City's commissions to provide a forum for reviewing issues and trends, and to make adjustments to policies based on the results of the lannin process. The City P P g Y Manager stated the Year 2000 Committee recommends some modification of the advisory commission structure. The City Manager then reviewed the Year 2000 Report Matrix focusing particularly on trends and issues, major City Council policy considerations, and implementation suggestions. He noted that completion dates listed in the report are only suggestions and final direction will come from the City Council. Mayor Nyquist recognized Mr. Phil Cohen, Chairman of the Traffic Safety Advisory Committee, who stated the City no longer has the luxury of reviewing the Comprehensive Plan every 20 years and City ordinances every five to ten years. He stated the needs of the City today require more of an action agenda. Mayor Nyquist recognized Mr. Phil Carruthers, Brooklyn Center's representative on the Metropolitan Council. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to direct City staff to work with the advisory commissions to determine implementation dates for recommendations in the Year 2000 Committee Report and to inform the City Council at the end of the year of the proposed schedule. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. PLANNING COMMISSION ITEMS The City Manager introduced An Ordinance Amending Chapter 35 Making Churches, Chapels, and Synagogues a Special Use in a R5 Zoning District. He stated this ordinance is offered for a first reading this evening, and relates to Planning Commission,Application No. 85009 submitted by Foundation Stone Ministries, Inc. The Director of Planning & Inspection stated this ordinance amendment is offered at the City Council's request. He added that representatives of Foundation Stone Ministries, Inc. would like to proceed with submitting the necessary applications before the second reading of this ordinance takes place. Councilmember Lhotka asked what the concerns are for rezoning the property desired by Foundation Stone Ministries, Inc. Mayor Nyquist noted that access to the property is a concern and another entrance is desirable whether or not the property is rezoned. Councilmember Lhotka stated he felt a C1 zone is preferable, particularly if the church does not purchase the property. He questioned whether the alternative of leaving the property as a R5 zone is preferable, particularly since it is feasible that a large apartment building could build on the lot if left as l a R5 zone. 'r 8 -26 -85 -5- Councilmember Theis stated he prefers the R5 zone because it provides additional control over special use projects. He expressed concern over the possiblity that heavy use items could go in C1 zoning districts. Councilmember Hawes introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 MAKING CHURCHES, CHAPELS, AND SYNAGOGUES A SPECIAL USE IN A R5 ZONING DISTRICT The motion for the adoption of the foregoing ordinance was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Hawes, and Rich Theis; and the following voted against the same: Gene Lhotka. The motion failed for lack of an extraordinary majority. The City Attorney stated that passage of an ordinance requires a 4/5 vote of the City Council, and if this is not obtained a further motion to reconsider must be brought by the prevailing side. In this case, Councilmember Lhotka is on the prevailing side and would have to move to reconsider. Councilmember Lhotka inquired as to what procedure must be followed if he did not move to reconsider, and the City Attorney stated it would be necessary for the ordinance to once again originate from the Planning Commission prior to appearing on the City Council agenda. Councilmember Lhotka requested a five minute recess in order to speak with the City Attorney, and Mayor Nyquist denied the request, stating a motion to reconsider could be made later in the meeting after the regular recess. PLANNING COMMISSION APPLICATION NO. 85018 SUBMITTED BY R.L. BROOKDALE MOTORS, INC. REQUESTING SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL TO CONSTRUCT A USED CAR SALES OFFICE ON THE SITE OF THE OLD A AND W AND SQUIGGY' S RESTAURANT AT 6837 BROOKLYN BOULEVARD — — — — PLANNING COMMISSION APPLICATION NO. 85019 SUBMITTED BY R.L. BROOKDALE MOTORS, INC. REQUESTING PRELIMINARY PLAT APPROVAL TO REPLAT THE PROPERTY FOR THE BROOKDALE PONTIAC /HONDA DEALERSHIP AND THE PROPOSED USED CAR SALES OFFICE These items were recommended for approval by the Planning Commission at its August 15, 1985 meeting. The Director of Planning & Inspection reviewed the minutes of the August 15, 1985 Planning Commission meeting, noting the applicant has already met conditions 10, 11, and 12 for Application No. 85018 as stated in the Planning Commission minutes. Mayor Nyquist inquired as to whether or not any existing entrances onto Brooklyn Boulevard would be closed, and the Director of Planning & Inspection stated the northerly entrance of the old A and W property would be closed. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application Nos. 85018 and 85019 submitted by R.L. Brookdale Motors, Inc. 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 Hawes and seconded by Councilmember Theis to close the public hearing on Planning Commission Application Nos. 85018 and 85019. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. 8 -26 -85 -6- There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve Application No. 85018, subject to the following conditions: 1. The special use permit is issued to the applicant as operator and is nontransferable. 2. The special use permit is subject to all relevant codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 3. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 4. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 5. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 6. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 7. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance except the isolated southwest landscaped island. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 9. B612 curb and gutter shall be provided around all parking and driving areas. 10. The plat proposed under Application No. 85019 shall receive final approval and be filed at the County prior to the issuance of permits. 11. The applicant shall enter into an agreement for the payment of utility hookup charges prior to the issuance of permits. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve Application No. 85019, subject to the following conditions: 1. 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. 8 -26 -85 -7- f 3. The applicant shall enter into an agreement with the City for the payment of utility hookup charges prior to final plat approval. 4. Easements for cross access and cross parking shall be reviewed and approved by the City Attorney prior to final plat approval and shall be filed with the title of the property at the County. 5. A covenant restricting the use of Lot 1 in conjunction with the use of Lot 2 be reviewed and approved by the City Attorney and filed with the title of the property at the County. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. PLANNING COMMISSION APPLICATION NO. 85020 SUBMITTED BY LOMBARD PROPERTIES REQUESTING PRELIMINARY R.L.S.APPROVAL TO COMBINE INTO A SINGLE PARCEL THREE TRACTS OF LAND LOCATED NORTHEAST OF LABELLE I S AT THE CORNER OF EARLE BROWN DRIVE AND SUMMIT DRIVE — — — The City Manager stated this item was recommended for approval by the Planning Commission at its August 15, 1985 meeting. The Director of Planning & Inspection reviewed the application, referring to the minutes of the August 15, 1985 Planning Commission. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 85020. 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 Lhotka and seconded by Councilmember Hawes to close the public hearing on Application No. 85020. 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 approve Application No. 85020 subject to the following conditions: 1. The final R.L.S. is subject to review and approval by the City Engineer. 2. The final R.L.S. is subject to the provisions of Chapter 15 of the City Ordinances. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. PLANNING COMMISSION APPLICATION NO. 85021 SUBMITTED BY RONALD BASHEL APPEALING A DETERMINATION BY STAFF THAT A TANNING SALON CANNOT BE LOCATED IN THE HUMBOLDT SQUARE SHOPPING CENTER ON THE GROUNDS THAT IT ABUTS 93 ZONED PROPERTY 7 HI CREST SQUARE ESTATES TO THE EAST The City Manager stated the Planning Commission recommended denial of the appeal at its August 15, 1985 meeting, but recommended An Crdinance Amendment Amending Chapter 35 of the City Ordinances Regarding Suntan Studios. He stated the ordinance is offered for a first reading this evening. 8 -26 -85 -8- The Director of Planning & Inspection reviewed Application No. 85021 and stated a conflict exists between the proposed use by the applicant and City ordinance. He stated the rationale of the current ordinance stems from the philosophy that suntan studios were viewed as accessory uses rather than principal uses. There had been concern in the past that suntan studios would be similar to massage parlors and saunas, which are not allowed next to residential areas. The Director of Planning & Inspection stated the Planning Commission denied the appeal of the applicant due to their interpretation of the ordinance, but did recommend an amendment to the ordinance. Councilmember Lhotka inquired as to the number of tanning businesses in Brooklyn Center and the Director of Planning & Inspection stated that he is only aware of the business located in the Brookdale Six Office Building on County Road 10. Councilmember Theis asked how many other locations in Brooklyn Center would be eligible for uses of a suntan studio if the ordinance is passed, and the Director of Planning & Inspection stated he felt the shopping areas at 63rd Avenue North and Brooklyn Boulevard and the Northbrook Shopping Center would be eligible. Councilmember Theis noted that most of the shopping centers face away from residential areas and customers would be coming from parking lots on the busy side of the shopping centers. Mayor Nyquist stated the first action of the Council is to support or deny the appeal. He stated the signatures received on file in favor of the ordinance do not include all Brooklyn Center residents, and he inquired if some of the people are employees of businesses in the Humboldt Square area. The Director of Planning & Inspection stated that some of the signatures are from customers of the Main Street Video Store and other businesses in Humboldt Square. He noted other communities have allowed location of suntan studios in residential shopping areas and major problems have not resulted. He added the suntan studios have not been a front for massage parlors or saunas as originally feared. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to support the denial of the appeal made by the applicant Ronald Bashel for Application No. 85021. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. ORDINANCE There was a. motion b Council-member Theis and seconded b Councilmember Lhotka to Y Y approve An Ordinance Amending Chapter 35 of the City Ordinances Regarding Suntan Studios for a first reading and to set the public hearing date on the ordinance amendment for September 23, 1985 at 8:00 p.m. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. PLANNING COMMISSION APPLICATION NO. 85022 SUBMITTED BY JOAN MOE REQUESTING SPECIAL USE PERMIT APPROVAL TO OPERATE A PHOTOGRAPHY STUDIO IN THE BASEMENT OF THE RESIDENCE AT 9�RIMES AVENUE NORTH _ — 7 e UilEy - T ager s a ed — THi - s item was recommended for approval by the Planning Commission at its August 15, 1985 meeting, but the applicant is not present at this evening's meeting. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to continue Application No. 85022 to the City Council meeting scheduled for September i 8 -26 -85 -9- I 9, 1985• Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. RECESS The Brooklyn Center City Council recessed at 8:35 p.m. and reconvened at 8:53 p.m. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Amending the 1985 General Fund Budget to Provide for Wage and Salary Adjustments. Councilmember Lhotka asked what the overall percentage increase is and the City Manager responded that the total is less than 5% of an increase. RESOLUTION NO. 85 -157 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1985 GENERAL FUND BUDGET TO PROVIDE FOR WAGE AND SALARY ADJUSTMENTS 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. The City Manager introduced a Resolution Amending the 1985 General Fund Budget to Provide for the Purchase of a Police Department Electronic Time Recorder. Councilmember Lhotka asked about the type of time clock to be purchased, and the City Nanager stated the request is for a time clock with a mini computer which is capable of recording all the various shifts worked by Police Department personnel. RESOLUTION NO. 85 -158 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1985 GENERAL FUND BUDGET TO PROVIDE FOR THE PURCHASE OF A POLICE DEPARTMENT ELECTRONIC TIME RECORDER 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. Councilmember Theis asked if the purchase of the time clock is required for purposes of the Fair Labor Standards Act, or if the purchase only makes compliance with the Act easier. The City Manager stated the latter is the case, and added that at this time all recording of time worked is done by hand and too many mistakes occur with this method. Councilmember Theis asked if only the Police Department needs a time clock, and the City Manager stated at this time Public Works and the Buildings and Grounds Division use time clocks, while clerical personnel use hand cards because of the regularity of their work schedule. He stated it may be possible for all nonexempt personnel to use a time clock, but at this point he does not feel there is a need in areas other than the olice Department P p and the Public Works Department. Councilmember Hawes stated he had seen a time clock for years in the Police 8 -26 -85 -10- Department lobby, and it no longer is there. The City Manager stated the clock was moved to the Buildings and Grounds Division work area because the clock was being vandalized by people waiting in the Police Department lobby. Upon vote being taken on the foregoing resolution, the following voted in favor thereof: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. The City Manager introduced a Resolution Accepting Bid and Approving Contract 1985 - L (Installation of Fuel Tanks and Dispensers at Municipal Service Garage). Councilmember Lhotka asked if Determan Welding and Tank Service, Inc. was the low bidder the first time bids were let for this project, and the Director of Public Works stated that originally only one bid was received and the City Council rejected that bid at its August 12, 1985 meeting and authorized new bids to be taken on August 22, 1985. He stated four companies were individually notified and only three met the specifications. Only two submitted bids and one of those two bids submitted "no bid ". Councilmember Lhotka asked how the price from the second bid compared to the first bid, and the Director of Public Works stated the second bid is $2,000 lower than the first bid. RESOLUTION NO. 85 -159 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1985 -L (MUNICIPAL SERVICE GARAGE IMPROVEMENT PROJECT NO. 1985 -21) 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. DISCUSSION ITEMS ALLOCATION OF INDUSTRIAL REVENUE BONDS The City Manager stated that Ryan Construction Company is proposing a third office building inside the City's Tax Increment District and is interested in receiving bond money. He stated the approval of such a proposal provides advantages to the City for development, including giving the City total control of the development in the area and affording the City the opportunity to retire the Tax Increment District at an earlier date. The City Manager stated if the proposal is approved part of the increment from the office complex can be used to offset the housing aspect of the district. As a result, he stated the City would be able to take a more conservative approach toward development of the Earle Brown Farm. The City Manager stated it would be necessary to use $9, 000, 000 in Industrial Revenue Bonds, of which the City must obtain $2,500,000 (this amount may be available from either Eagan or Minnetonka). If the City wishes to accept the proposal by Ryan Construction it is necessary to commit one percent or $90,000 of the Industrial Revenue Bonds to the State. The City must reserve the bonds at the State by September 1, 1985 with the opportunity to withdraw the money by October 31, 1985• Mayor Nyquist inquired if the housing and office developments are not mutually exclusive projects, and the City Manager stated that proceeding with the office proposal would remove the pressure for the need to reach a quick decision on a 8 -26 -85 -11- i housing project. Councilmember Lhotka inquired as to when the proposal from Ryan Construction Company came forward, and the Housing Coordinator stated he received the request one and one half weeks ago. Councilmember Theis asked what would happen to the project if a deal cannot be made with the cities of Eagan and Minnetonka to raise the additional Industrial Revenue Bond money needed. The Housing Coordinator stated that the project would not be dropped completely but it would be financially more difficult to complete. Councilmember Theis asked what the chances are of getting the money from Eagan and Minnetonka, and the Housing Coordinator stated there is a 75% chance of obtaining the money. Councilmember Lhotka asked how approving this project would give the City greater control, and the Housing Coordinator stated one of the parcels in the Tax Increment District is owned by Ryan Construction and that company can develop the property as they wish. If the current proposal is approved, the City would have some control on how the property is developed, especially with regard to planning for traffic problems. Councilmember Lhotka stated that the City would have the same amount of control whether or not this proposal is approved, and the Housing Coordinator stated the type of financing will impact on the size of the building built by Ryan Construction Company. Councilmember Hawes asked if the parcel of land owned by Ryan Construction Company allows for a building equivalent in size to the two buildings currently owned by Ryan Construction Company, and the City Manager stated that similar buildings can be built but they could also be higher and a parking ramp could be added. Councilmember Hawes noted that there is so much office space available in the Brooklyn Center area at this time and wondered if too much office space is being developed. He added that the Palmer Lake Plaza building is quite empty at this time. The Housing Coordinator stated that it is the decision of Ryan Construction Company to build or not to build, but the company has had extreme success in finding tenants for their second building soon to be completed. The Director of Planning & Inspection stated that the projects by Ryan Construction Company should not be compared to the Palmer Lake Plaza office buildings because of the different uses of the buildings. Councilmember Hawes noted the present First Western Bank building has many vacancies and the bank is moving into the new building built by Ryan Construction Company. He stated he is in favor of the proposal before the Council tonight, but is concerned about the amount of empty office space in Brooklyn Center. Councilmember Lhotka asked whose requirement it is that the construction begin by the spring of 1986 and the City Manager stated it is the City's requirement. The City Manager added that if Ryan Construction Company begins work on the project the City will have more time to develop housing projects. Councilmember Lhotka stated the City will have a lot of flexibility if projects are developed one at a time, and expressed concern for rushing into a project. The City Manager stated the Tax Increment Financing Policy is under attack by the United States Congress and may not be available in the near future. Councilmember Theis asked if the Industrial Revenue Bonds will be available in 1986, and the Housing Coordinator stated they probably will not be although housing bonds may be available. Councilmember Theis asked if early development will offset the loss of revenue from the land, and the Housing Coordinator responded affirmatively. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to 8 -26 -85 -12- authorize the State to reserve the City's share of Industrial Revenue Bonds and to seek an additional $2,500,000 in Industrial Revenue Bonds from other cities in order to make a decision by October 1, 1985 on the proposal. The following voted in favor: Mayor Nyquist, Councilmembers Hawes and Theis. Voting against: Councilmember Lhotka. The motion passed. REPLACEMENT OF OFFICER DAVE SHULL IN THE POLICE DEPARTMENT The _ — City N�anager stated the Cit is re uestin approval of replacing Officer Dave Y q g PP P g Shull in order to have a replacement officer on the street and trained by the retirement date of Officer Shull. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve replacement of Officer Dave Shull in the Police Department. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. REPLACEMENT OF BOB ZIMBRICK, SUPERVISOR OF PUBLIC UTILITIES There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the replacement of Bob Zimbrick, Supervisor of Public Utilities. Councilmember Theis asked how many positions vacated as a result of the Incentive Retirement Program have been filled and how many have been eliminated. The City j Manager stated he would compile this information and forward it to the City Council. Upon vote being taken on the foregoing motion, all members voted in favor thereof: Mayor Nyquist, Councilmembers Lhotka, Hawes, and Theis. Voting against: none. The motion passed. INSURANCE AGREEMENT ON LIFT STATION CLAIMS The City Manager requested this item to be withdrawn from the agenda. He explained that earlier this year a major lift station failure occurred due to faulty installation by a contractor. Residents affected by the failure have made claims against the contractors whose insurance agency refuses to act on the claims. The City Manager stated the City does not believe it is liable. The City Attorney stated the City is close to an agreement with the City's insurance carrier and there may be a possibility of acting on this issue. Councilmember Hawes asked what dollar amount is involved in the claims, and the Director of Public Works stated there are approximately 10 to 12 claims with the highest claim being approximately $2,500 and the lowest claim near several hundred dollars. He estimated that the total dollar amount of the claims is less than $20,000. Councilmember Hawes asked if the City has any recourse against the contractor's insur comp The C Attor p y y stated the City does not have recourse, noting it is the homeowners who do have recourse but it is too expensive for them to pursue the issue. He stated the City has no liability ut the City is Y Y attempting to force the issue in order to have the claims processed. He added the City is not in a position to lose money at this time. The City Manager stated the citizens' position is that the City hired the contractor who installed a defective part and the citizens only want to have their claims paid. Councilmember Theis inquired as to what would occur if the City paid the claims of $20,000, and the City Attorney stated he does not foresee the City investing the $20,000 in this matter. He stated if the City is negligent, then the City's insurance carrier would pay the claims. However, since there is no negligence on the part of the City the insurance company will not pay the claims. Councilmember 8 -26 -85 -13- Theis asked if the City is looking for a vehicle to bring this issue into the court system and the City Manager stated this is the case. The City Attorney stated the limit for conciliation court is a $2,000 claim and some claims are above this amount in this case. Councilmember Theis noted it would take the financial pressure off of the residents if the City is able to bring the case into the court system. The City Attorney stated the City Attorney's office cannot represent the citizens in this matter. Councilmember Hawes asked where the citizens go from here, and the City Manager stated he has tried to convince them to take action against the contractor, but the residents are not doing so. Councilmember Theis asked if other situations could develop along the same lines as this problem, and the City Manager stated it is possible. PROPOSED SUBURBAN COALITION Councilmember Hawes stated he heartily agrees with the idea of a coalition, especially to encourage developments on the north side of the metropolitan area. However, he stated he objects to the approach of the coalition, asking why it is necessary to pay people to lobby when elected officials could do the same job. Councilmember Theis stated he agreed with Councilmember Hawes, but pointed out that those who hire lobbyists get things accomplished. Mayor Nyquist encouraged input from the members of the City Council on what position the Council should take regarding the proposed convention centers in Minneapolis and Bloomington, and also asked the Council to address the issue of fiscal disparities. The City Manager stated Brooklyn Center has been contributing to the fiscal disparities pool more than it has been receiving. He stated the cities of Minneapolis and St. Paul have lobbied to exempt certain areas from fiscal disparities, but he feels that all cities should contribute to the pool on the same basis. Councilmember Lhotka stated he agreed with the City Manager and is very concerned about the fiscal disparities issue. He stated the Legislature should decide to have fiscal disparities for everyone or to eliminate it completely. Councilmember Theis agreed and pointed out that Brooklyn Center may not be contributing to the fiscal disparities pool much longer, because it may be on the recipient end soon. For that reason he does not wish to lobby for completely eliminating fiscal disparities. The City Manager stated that it is necessary to lobby in order for the cities to have their voice heard and the formation of this coalition is an initial step towards that goal. PLANNING COMMISSION ITEM (CONTINUED) Mayor Nyquist inquired if Councilmember Lhotka wished to introduce a motion to reconsider An Ordinance Amending Chapter 35 Making Churches, Chapels, and Synagogues a Special Use in a R5 Zoning District, and Councilmember Lhotka stated he did not wish to at this time. He stated the ordinance would return to the Planning Commission and it is necessary for the Planning Commission to recommend approval to the City Council. Councilmember Theis asked if there are limits on the amount of time that must pass prior to returning the ordinance to the Planning Commission, and the City Manager stated there are no time restrictions. Councilmember Lhotka noted the Planning Commission is scheduled to meet on August 29, 1985 and, in effect, the ordinance will be before the City Council at its September 9, 1985 meeting. 8 -26 -85 -14- RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Approving the Final Terms of the City of Brooklyn Center, Minnesota, Multifamily Housing Revenue Bonds (Brookwood Estates Project). The Housing Coordinator stated the terms previously approved by the City Council must be slightly changed, and the City Attorney has reviewed and approved changes made. RESOLUTION NO. 85 -160 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE FINAL TERMS OF THE CITY OF BROOKLYN CENTER, MINNESOTA, MULTIFAMILY HOUSING REVENUE BONDS (BROOKWOOD ESTATES PROJECT) 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. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Theis 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 10:10 p.m. z Deput City Clerk Mayor' 8 -26 -85 -15-