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HomeMy WebLinkAbout1984 03-26 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 MARCH 26, 1981 CITY HALL GALL TO OI'DE.R The pro ol;lyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:00 p.m. ROLL CALL Mayor Dean Nyqui-st.., Council.membcrs 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 Attorney Richard Schieffer, City Engineer Jim Grube, and Administrative Assistant Tom Bublitz.- INVOCATION The invocation was offered by Father Shea of St. Alphonsus Catholic Church. OPEN FORUM Mayor Nyquist noted he had not received any requests to use the Open Forum session this evening. He inquired if there was anyone present who wished to address the Council, There being none, he continued with the regular agenda items. CONSENT AGEI4DA Mayor 11yquist inquired if any Council members requested any items removed from the Cons(:-t Agenda. Councilmember Hawes requested item 8c be removed from the agenda, and Councilmember Lhotka requested item 8d be removed from the Consent Agenda. APP ROVAL. OF MINUTES - MARCH 12, 1984 The: i-ras a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the City Council meeting of March 12, 1984 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. .j 1 -SOI,,! IZ I ONS FEE OL UI:CON NO. 84 -36 Member iCelia Scott introduced the following resolution and moved its adoption: RES0z.U'1:ION APPROVING AGREEMENT NO. 62065 WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND! UTHORIZING THE MAYOR AIJD CITY MANAGER TO EXECUTE SAID AGREEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Bill Haves, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyqu °st, Gene Lhotka, Celia Scott, Bill Hawes, and Mich Theis; and the following voted agii.nst the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTI NO. 8 -?7 Merrrber Celia Scott introduced the following resolution and- moved its adoption: 3-26-8, -1- RESOLUTION APPROVING PRIVATE SALE OF ONE PARCEL OF LAND ON CLASSIFICATION LIST "664- NC" 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: FOOD ESTABLISHMENT LICENSE Beacon Bowl 6525 Lyndale Ave. N. Bridgeman's 6201 Brooklyn Blvd. Brookdale Cinema 5801 John Martin Drive Brooklyn Center American Legion #630 4307 70th Ave. N. Brooks Superette 6804 Humboldt Ave. N. Canteen Corporation of MN 6300 Penn Ave. N. Medtronics 6700 Shingle Cr. Pkwy. Medtronics 6860 Shingle Cr. Pkwy. Davanni's 5937 Summit Ave. N. Denne's Market 6912 Brooklyn Blvd. Earle Brown Bowl 6440 James Circle Lynbrook Bowl, Inc. 6357 N. Lilac Dr. McDonald's 5525 Xerxes Ave. N. Maranatha Conservative Baptist Home 5401 69th Ave. N. Marc's Big Boy 5440 Brooklyn Blvd. Munch Box Snack Service 6840 Shingle Cr. Pkwy. Nature Food Center Brookdale Shopping Ctr. Northport Elementary School 5421 Brooklyn Blvd. One Potato 2 Brookdale Shopping Ctr. Orange Julius Brookdale Shopping Ctr. Rocky Rococo Brookdale Shopping Ctr. St. Alphonsus Church 7025 Halifax Ave. N. Super America 6545 W. River Road Super America 1901 57th Ave. N. Thrifty Scot Motel 6LI45 James Circle Wes' Standard 6044 Brooklyn.Blvd. Willow Lane School 7020 Perry Ave. N. GARBA AND REFUSE VEHICLE LICENSE Waste Management' 10050 Naples St. NE MECHANICA SYSTEMS LI CENSE A -abc Appliance & Heating, Inc. 611 W. Lake St. Air Comfort, Inc. 3944 Louisiana Circle All Season Comfort, Inc. 55 Mound Ave.. Allan Heating & Air Cond. 6020 Culligan Way Berghorst Plumbing & Heating 10732 Hanson Blvd. Blaine Heating, Air Cond. & Elec. 13562 Central Ave. NE 3 -26 -84 -2- C.O. Carlson Air Cond. 709 Bradford Ave. N. Centraire, Inc. 13025 Pioneer Trail Consolidated Plumbing & Htg. 1530 E. Cliff Road Frank's Heating & Air Cond. 3107 California St. NE Gas Supply, Inc. 2238 Edgewood Ave. S. Golden Valley Heating & Air Cond. 5182 W. Broadway Hutton & Rowe, Inc. 2126 2nd Ave. Maple Grove Heating & Air Cond. 240 Central Ave. Marsh Heating & Air Cond. 62.48 Lakeland Ave. N. Midwest Heating & Air Cond. 9809 Valley Forge Ln. Modern Heating & Air Cond. 2318 1st St. NE Noel's Heating & Air Cond. 6900 75th Ave. N. Northeast Sheet Metal, Inc. 4347 Central Ave. NE Northwest Service Station Equip. 2520 Nicollet Ave. Pierce Refrigeration 1920 2nd Ave. S. Pump & Meter Service 1800 2nd St. S. U ality Air 7907 5th St. NE S hechanical, Inc. 7160 Madison Ave. W. Sheridan Sheet Metal_ Co. 4108 Quebec Ave. N. Standard Heating & Air Cond. 410 W. Lake St. Suburban Heating & Air Cond. 2050 Whitebear Ave. Superior Contractors, Inc. 6121 42nd Ave. N. Thompson Air Cond. 5115 Hanson Ct. Fred Vogt & Co. 3260 Gorhham Ave. Ray Welter Heating Co. 4637 Chicago Ave. Yale, Inc. 9649 Girard Ave. S. MOTOR VEHICLE D EALERSHIP LICENSE Brookdale Chrysler Plymouth 6121 Brooklyn Blvd. Brookdale Ford 2500 Cty. Rd. 10 Brookdale Pontiac 6801 Brooklyn Blvd. Iten Chevrolet 6701 Brooklyn Blvd. North Star-Dodge 6740 Brooklyn Blvd. r , IO rIPERISHABLE VENDING MACHINE LICENSE I Crown Beverage Co. P.O. Bo)C 43466 American Bakeries 4215 69th Ave. N. RENTAL DWELLING LICENSE Initial: James Sautter 5933 Aldrich Ave. N. H. Oien & E. Sullivan 5801 Brooklyn Blvd. Paul & Barbara Allison 5850 Knox Ave. N. Leroy T. Futscher 6712 Dupont Ave. N. W. Wetzel & L. Grones 4701 - 03 68th Ave. N. Renewal: Redevco Marvin Garden Townhomes Clarence Isaacson 6801 Aldrich Ave. N. 3 -2E .;:14 -3- Duane & Jessie Erickson 7019 Dallas Road Roger B. Reger 5001 Ewing Ave. N. Joon K. Kim 4811 Lakeview Ave. N. David Zemke 6813 Noble Ave. N. Reuben & Diane Ristrom, Jr. 6819, 21 Noble Ave. Robert Berglund 6833, 35 Noble Ave. Curtis Erickson 4809, 11 Twin Lake Ave. Gary & Carol Meinke 3601 47th Ave. N. Jack Lescault 3507 62nd Ave. N. Roger L. Lundquist 3910 65th Ave. N. Lee Marwede 4700, 02 68th Ave. N. Kathleen Griesser 1708 69th Ave. N. SWIMMING POOL LICENSE Beach Condominiums 4201 Lakeside Ave. N. Brookdale Ten Apts. Hwy 100 & 53rd Ave. Earle Brown Farm Apts. 1701 -07 69th Ave. N. Evergreen Park Apts. 7200 Camden Ave. N. Four Court Apts. 2836 Northway Dr. Garden City Court 3407 65th. Ave. Hi Crest Apt. 1300 67th Ave. N. Holiday Inn 1501 Freeway Blvd. Moorwood Homeowners Assoc. 5809 Lake Curve Ln. Northbrook Apts. 1302 69th Ave. N. Northlyn Apts. 6511 Humboldt Ave. N. Twin Lake North Apts. 4536 58th Ave. N. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. MAYORAL APPOINTMENTS TO ADVISORY COMMISSIONS Mayor Nyquist offered the names of Paul Andrew Griffin and Peter L. Griffin as appointments to the City Human Rights Commission and Conservation Commission respectively. There was a motion by Councilmember Lhotka and seconded Councilmember Scott to confirm the appointment of Paul Andrew Griffin, 5544 Camden Avenue North, Brooklyn Center, to the Brooklyn Center Human Rights Commission for a three year term expiring on December 31, 1986. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to confirm the appointment of Peter L. Griffin, 5544 Camden Avenge North, Brooklyn Center, to the Brooklyn Center Conservation Commission for a three year term expiring on December 31, 1986. Voting in favor: Mayor Nyquist, Counciime,.,ber Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS (CONTINUED) RESO1.UTIO NO. 84 -38 Member Celia Scott introduced the following resolution and moved its adoption: 3-- 26 - -84 -4- RESOLUTION APPROVING AGREEMENT WITH ORR- SCHELEN- MAYERON & ASSOCIATES, INC. FOR ARC;IiTECTURAL /ENGINEERING SERVICES IN THE DESIGN OF EVERGREEN PARK AND WELL HOUSE NO. 4 IMPROVEMENTS 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 Approving the Participation of the City of Brooklyn Center in a Joint and Cooperative Agreement for the Establishment of a Shingle Creek Watershed Management; Corrinission to Plan, Control, and Provide for the Development of Shingle Creek and Authorizing Execution of the Agreement by the Proper City Officers. Councilmember Hawes questioned the need for a different taxing jurisdiction taxing citizens $45,000 in conjunction with the watershed district planning. The City Manage, explained that the watershed was mandated by state law, and that cities have the option to choose to form their own district or have the county appoint one for them. The Director of Public Works explained the $45,000 would be used to hire a consultant, either with a private or public agency. He explained further that the law is intended to approve the water quality in the metropolitan area. Councilmember Hawes acknowledged that the expenditure was not a result of the City staff's recom,nendations but that he objected to the expenditure and the likelihood of future increases, especially with regard to the number of staff available from municipalities in the watershed areas. The Director of Public Works pointed out that the major benefit realized by the City of Brooklyn Center is that the City will have a voice in what occurs upstream as the areas develop. Councilmember Theis inquired as to the likelihood of additional expenditures for the watershed district. The Director of Public Works explained that the Watershed Commission will likely undertake a two to_ three year planning effort and the expenditures will be sustained for the next few years. He added he estimates that the expenditures may reduce after the planning period, however, if improvement projects are undertaken the expenditures may increase, especially if the federal government begins strict enforcement of water quality standards. Councilmember Y-awes inquired what the watershed district would be planning. The Director of Public Works explained that the plan would be for the development of a trunk storm drainage system and retention basins. He noted the history of watershed districts formed by the county is that the costs would be distributed on an assessed valuation basis and that Brooklyn Center would be assessed more than by the plan before the Council this evening. RESOLUTION NO. 84 -39 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE PARTICIPATION OF THE CITY OF BROOKLYN CENTER IN A JOINT AND COOPERATIVE AGREEMENT FOR THE ESTABLISHMENT OF A WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION TO PLAN, CONTROL, AND PROVIDE FOR THE DEVELOPMENT OF WEST UPPER MISSISSIPPI AND AUTHORIZING EXECUTION OF THE AGREEMENT BY THE PROPER CITY OFFICERS 3-.26- -5- The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Ricci Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 84 -40 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE PARTICIPATION OF THE CITY OF BROOKLYN CENTER IN A JOINT AND COOPERATIVE AGREEMENT FOR THE ESTABLISHMENT OF A SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION TO PLAN, CONTROL, AND PROVIDE FOR THE DEVELOPMENT OF SHINGLE CREEK AND AUTHORIZING EXECUTION OF THE AGREEMENT BY THE PROPER CITY OFFICERS 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 ther same: none, whereupon said resolution was declared duly passed and adopted. PLANNING COMMISSION APPLICATION NO. 84004 SUBMITTED BY OLIV_FR STOUTLAND FOR A SPECIAL USE PERMIT APPROVAL TO CO14DUCT A DRAFTING BUSINESS IN THE BASEMENT OF THE HOME AT 3118 LAWRENCE ROAD r `� PLANNING COMMISSION APPLICATION NO. 84005 SUBMITTED BY OLIVER STOUTLAND FOR A VARIANCE FTION 5 O OF THE ZONING ORDINAP TO ALLUW UP ROM SEC TO THREE NONRESIDENT EMPLOYEES IN THE HO.'-;E OCCUPATION BEING SOUGHT UNDER _APPLICATION NO. 84005 The Director of Planning & Inspection presented and reviewed for Council members pages one through three of the March 1 , 1984 Planning Commission meeting minutes and also the Planning Commission information sheets prepared for Application Nos. 84004 and 84005. He explained the Planning Commission recommended approval of Application No. 84004, subject to six conditions which he reviewed for Council members. He noted that upon inspection of the premises on March 7, 1984 the building inspector recom ended additional improvements, including providing walls around the basement bathroom for privacy, a ten lb. fire extinguisher, and a combustion air duct directly connected to the furnace. With regard to Application No. 84005, the Director of Planning & Inspection reviewed a letter submitted by the applicant regarding the variance request. He explained the letter stated that the reason for the variance is that Mr. Stoutland Is drafting company cannot compete in a shrinking market if it has to pay for professional office space in a commercial zoning district. The Director of Planning & Inspection explained the staff recommendation to the Planning Commission was that the request for variance did not address the Standards for a Variance since the alleged hardship was not related to the physical characteristics of the site. Following a public hearing held by the Planning Commission on March 1, 1984, the Planning Director pointed out the commission recommended denial of Application No. 84005 on the grounds that it did not meet the Standards for a Variance. The Planning Director also pointed out that the staff received a note from Mr. Robert Bruce May, 3113 Lawrence Road, objecting to the variance being granted for more than one nonresident employee. 3- -26 -84 -6- M, Nyquist opened the meeting for the purpose of a public hearing on F:pplic: �tion ?'os. 84004 and 84005. He inquired if there was anyone present who w z,1ed to speak at the publ hear No one appeared 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 nearing on Application Nos. 84004 and 84005. Voting in favor: Mayor Nyquist, Councilmembers 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. 84004, 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 applicable codes, ordinances and regulations and any violations thereof shall be grounds for revocation. 3. All parking associated with the home occupation shall be off- street on improved space provided by the applicant. 4. Special use permit approval acknowledges no more than one nonresident employee on the premises at any given time. 5. A 10 lb. fire extinguisher shall be installed in the basement work area prior to the issuance of the special use permit. 6. The applicant shall provide walls around the basement bathroom for privacy. 7. The applicant shall provide a combustion air duct directly to the furnace. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to deny Application No. 84005 on the grounds that the Standards for a Variance and for a special use permit are not met in this case. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PLANNING COMMISSION A PPLICATION NO. 84006 SUBMITTED BY BROOKPARK DENTAL CLINIC FOR AN APP FR OM A RULING BY PLANNING STAFF NOT TO ACCEPT A SITE AND BUILDING PLAN PROPOSED INVOLVING ACCESS TO A COMMERCIAL ESTABLISHMENT THROUGH RESIDENTIAL PROPERT - -- The Director of Planning & Inspection noted that the applicant has requested that consideration of Application No. 84006 be deferred until such time as the applicant requests that it be placed on the agenda. 3- 26_x-: # -7- There was a motion by Councilmember Scott and seconded by. Councilmember Hawes to table, at the request of applicant, consideration of Application No. 84006 until such time as the applicant requests it be placed on the agenda. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. DISCUSSION ITEMS TENNIS COURTS IN CENTRAL PARK The City Manager pointed a correction in M &C No. 84 -04 noting that the dollar amounts of $30,000 and $50,000 should be changed to $33,000 and $55,000, respectively. He continued to review the information in M &C No. 84 -04. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to authorize the preparation of plans and specifications for the four tennis courts in Central Park. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott,. Hawes, and Theis. Voting against: none. The motion passed unanimously. CITY ATTORNEY'S OPINION REGARDING SPEED LIMITS ON 69TH AVENUE NORTH The City Attorney reviewed his memorandum to the City Council responding to the Traffic Safety Advisory Committee concerning the 69th Avenue speed zones. He explained the establishment of a 30 mile per hour speed limit is permitted if the area is in an Urban District. He explained that all but 2,300 ft. of the roadway could qualify as an Urban District. Councilmember Lhotka inquired whether the Minnesota Department of Transportation suggested any solutions to the problem. Mayor Nyquist recognized Mr. Phil Cohen who responded to the question by stating that MN /DOT recommended a compromise of 35 miles per hour across the City. He explained MN /DOT's response was based on state statute and that the City attorney's review seems to confirm M ^1 /DOT's assessment of the state statute. He explained that an alternative would appear to be a legislative solution in order to obtain more authority for City Councils' to set speed limits. The City Manager explained that the City of Eagan is pursuing this approach now, and that Brooklyn Center has tried it singularly in the past and has been unsuccessful. Mr. Cohen suggested that perhaps the City could address the issue by getting the State League to support it'. There was a motion by Councilmember Scott and seconded by Councilmember Theis to authorize the staff and the Traffic Safety Advisory Committee to explore possible alternatives for a legislative solution to the speed limit problem and to return to the City Council with a report. Councilmember Lhotka stated that if the other alternatives fail, he recommended that the City declare the area *and Urban District and challenge the state statute. PUBLIC HEARI FOR STREET IIMPROVE ` ENT P NO. 1 G8 -03 (STREE T WID E;''T ?G AND CIiRB AND GUTTER INSTA AEO-1 HALIFAX AND 70TH AVENUES FOR THE PURPOSE O PARK I NG LANE CONS TRUCTION ADJACENT TO ST. ALPH ONSUS C ATHOLIC CHURCH) TLie�Uirector OF-Public vJorks d s reviewetreet ir!provenentpr ect TIo, 1984 -03 "nd noted that the project includes widening the roadway to a 20' center to the gutter line and also relocating the existing sidewalk. He explained the staff sent letters to owners on the opposite side of the street from St. Alphonsus, and only one homeowner replied Vasitively to the installation of curb and gutter on their side of the street. 3-- 7.6 -84 -8- He then reviewed t lie cast estimates of the project and the proposed assessments. He revi.�ued the discussion regardin the reconstruction of 71st & Halifax Avenue North int,ersctition and proposed reconstruction plans for that intersection. fie explained that in order to obtain input on the intersection alternative a public meeting was held at St. Alphonsus Church for residents in the immediate area. He stated that nine people attended the meeting which was held on Friday, March 23. The Director of Public Works explained the reason for the proposed change in the intersection is to impr(.)ve the safety of the intersection. He reviewed the history of accidents at the intersection, and noted that it is not possible to obtain complete records of all ,accidents since property damage accidents are not recorded. He pointed out that at the meeting a strong objection was made to plan No. 1 and any alternative which would relocate the existing driveway from St. Alphonsus on to 71st. He also pointed out that the neighborhood residents emphasized the rush hour traffic in their area from traffic avoiding I -94 and Brooklyn Boulevard He explained this traffic is attempting to get to Brooklyn Park and that he did not want to encourage more traffic of this nature. He explained the residents also cited instances of speeding traffic late at night. He then explained the residents in the area proposed a street opening west of St. Alphonsus to take pressure off their area. He stated that the residents at the March 23 meeting expressed some interest in alternative plan No. 4. The Director of Public Works reviewed the proposed alternatives for the 71st Avenue and Halifax Avenue intersection. After reviewing the alternatives, he stated the staff would like to explore the various alternatives further to detc—mine whether a workable solution could be obtained. The Council continued its discussion of the alternatives for intersection reconstruction proposed by the staff. RECE The Brooklyn Center City Council recessed at 8:40 p.m. and reconvened at 8:55 P.M. PUBLIC HEARING ON ST REET IMPROVEMENT PROJECT NO. 1984 -03 Mayor Nyquist opened the meeting for the purpose of a public hearing on street improvement project 11o. 1984 -03. He recognized Mrs. Betty Jestus, 4100 71st Avenue North. Mrs. Jestus explained that she is concerned about the heavy traffic of buses, delivery trucks, and cars off 69th which travel through her neighborhood to avoid the traffic on I -94 and Brooklyn Boulevard. She added that she has placed shocks on her property to deter traffic from crossing it. She noted that cars coming .round 71st Avenue have eroded her property, and that she would object to any r coming out of St. Alphonsus which would be aligned with her driveway. She added that she does not see any real benefit to the project as proposed, and that she would recommend the area be left alone. Mayor Nyquist recognized Mr. Gerald Stange, 4106 71st Avenue North. Mr. Stange noted that the traffic avoiding Brooklyn Boulevard by traveling on 69th is traveling through Halifax and 71st. He added that he does not think the project should be approved. Mayor Nyquist recognized Mr. George Eidenschink, 4008 71st Avenue North. Mr. Eidenschink stated that he was concerned with the after hours traffic in his neighborhood, and suggested that the Council leave the area as it is. Mayor Nyquist recognized Mrs. Rose Merrill, 7113 Halifax Avenue North. Mrs. Merrill stated that she supports the widening of Halifax near the church area, and also pointed that it is difficult to determine the right -of -way at the intersections, and added that she believes stop signs should be placed at the intersection. She added that she does not think any of the four solutions proposed by the City staff would really work.. Mayor Nyquist recognized Father James Shea who stated that the main concern of any change to the intersection is safety for the church members and the neighborhood. He added that he agrees with Mr. Knapp in suggesting that the staff be allowed to try and develop a safer intersection. He stated he does not think closing the entrance to the eastern parking lot would be feasible and would create traffic problems. He stated his opposition to closing this entrance. Father Shea then addressed the grading, base, and bituminous surface cost allocation. He stated that, in view of the cost borne by St. Alphonsus for widening the street, and the fact that the City is benefiting from the sewer installation on Halifax, the City and church should share in the $35,510 cost for the grading, base, and bituminous work. Mayor Nyquist then inquired if there was anyone else who wished to speak at the public hearing. No one else appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to close the public hearing on street improvement project No. 1984 - 03. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. At the request of Councilmember Theis, the Director of Public Works addressed the City's assessment policy with regard to Father Shea's request. The Director of Public Works explained that the assessment policy of the City is clear and that curb and gutter, street and driveway construction must be paid completely by this benefiting property owner. He pointed out the City would pay for the storm sewer - and also the sidewalk relocation. RESOLUTION NO. 84 -41 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENT PROJECT NO. 1984 -03 AND PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NO. 1984 -03 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. Rich Theis abstained. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to authorize the staff to continue its study of the intersection reconstruction at 71st and Halifax Avenue North and to report their findings to the Council. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PUBLIC HEARING ON STR IMPROVEMENT PROJECT 140. 19 84 -04 (SHINGLE C REEK PARKWAY TU RNLANf RECOiIST PUB LIC PEAR ON LIFT STATION IM PROV EXE T I T PROJECT 1 1984 - 05 (LIFT STATION IMPRGV h:i �`C '10 SERVE RAMI:DA HOTEL. Aidl) ADJACEIJT� ._ 3 -26 -84 —10— The iairector of Public Works reviewed the turnlane proposals for access into the Ramada si�;e and also reviewed the lift station fmprove ent in conjunction with th? Ramada site. He then proceeded to review the project costs, assessment rates, and assessment periods for the project. Mayor Nyquist opened the meeting for the purpose of a public hearing on street improvement project No. 1984 -04 and lift station improvement project No. 1984 -05. He inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to close the public hearing on street improvement project 1.7o. 1984 -04 and lift station improvement project No. 1984 -05. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RECO _JU IION NO. 84 -42 Mcmbcr Gene Lhotka introduced the following resolution and moved its adoption: RESOLU'T'ION ORDERING IMPROVEMENT PROJECT NO. 1984 -04 AND PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NO. 1984 -04 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 dEaly passed and adopted. .` a. O -UTION NO. 84 -43 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, STREET IMPROVEMENT PROJECTS NO. 1984 -03 AND 1984 -04 (CONTRACT 1984 -C) 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 thJ, following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 84 -44 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUl'ION ORDERING IMPROVEMENT PROJECT NO. 1984 -05 AND PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NO 1984 - 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. ORDINAN AN ORDIrdANCE AM ENDING THE BROOKLYN CENTER CITY CHARTER 3 -26-8 -11- Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending the Brooklyn Center City Charter. He inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion'to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Theis to close the public hearing on An Ordinance Amending the Brooklyn Center City Charter. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ORDINANCE NO. 84 - Member Celia Scott introduced the following ordinance and moved its AN ORDINANCE AMENDING THE BROOKLYN CENTER CITY CHARTER The motion for the adoption of the foregoing ordinance 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 ordinance was declared duly passed and adopted. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES CLASSIFYING CERTAIN LAND AS BEING WITHIN TIHE R3 ZOiINTG DISTRICT The City Manager explained this ordinance was approved for a first reading on February 27, 1984, published on March 8, 1984, and is scheduled for a public hearing this evening. He explained it is recommended that consideration of the ordinance be deferred until such time as the final plat is filed. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinan(- . Amending Chapter 35 of the City Ordinances Classifying Certain Land as being within the R3 Zoning District. He inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak at the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Theis to continue the public hearing and table consideration of An Ordinance Amending Chapter 35 of the City Ordinances Classifying Certain Land as being within the R3 Zoning District until such time as the final plat is filed and the ordinance is placed on the agenda. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. AN OR DINANCE AMENDING SECTIONS 23 -1900 THROUGH 23 -1910 RELATI TO THE LI CENSING Flb ;REGULATION Or GAT'V ' G DEVICES There was a motion byCounei_lmenber Scott and seconded by Councilmember Lhotka to approve for first reading An Ordinance Amending Sections 23 -1900 through 23 -1910 Relating to tree Licensing and Regulation of Gambling Devices. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. DISCUSSION I T E," - (CONTTI�'UED) LIAB% Ii" S,. "'CE ' ;GiIIEERS The City Nana ,erl reviewed the professional liability insurance proposal for engineers, and =voted that the City's engineers are not coverrA for this type of insurance under the City's existing policy. He also noted that if the Council wishes to authorize the application for professional liability insurance for the 3 -26 -34 -12- City I c engineers, the City Engineer must Become a member of the National Society of Prod` awKon.al Engineers in order to qualify for the insurance. There , =: a motion by Councilmember L'notka and seconded by Councilmember Theis to authorize the payment of annual dues to the National Society of Professional Engineers for the City Engineer and to authorize the payment of the annual premium for professional liability insurance for the Director of Public Works and the City Engineer. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. MAYOR'S REPORT ON LEAGUE OF MINNESOTA CITIE STATE AID COMMITTEE. Mayor Nyquist noted the League of Minnesota Cities is in the process of hiring a lobbyist to deal exclusively with the state aid formula and to develop a formula which the League Q' Minnesota Cities can support through their task force. He added that he has been encouraged by the progress of the task force, so far. ADJOII R?IMENT Three e� was a motion by Councilmember Hawes and seconded by Councilmember Scott 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 10:00 p.m. �,�--�''°" a f- puty City Clerk May 3- -26 -01 -13-