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HomeMy WebLinkAbout1984 05-21 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CE14TER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 21, 1984 CITY HALL CALL TO ORDER The Erooklyn 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 Nyquist, Councilmembers 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 Assistants Brad Hoffman and Tom Bublitz. Mayor Nyquist noted that Councilmember Lhotka would be absent from this evening's meeting. INVO The invocation was offered by Pastor John Peterson of the Lutheran Church of the Master.' OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. CONSE AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the Consent Agenda. Councilmember Theis requested item 7g be removed from the Consent Agenda, and the City Manager requested item 7i be removed from the Consent Agenda. APPROVAL OF MINUTES - MAY 7, 1984 There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the City Council meeting of May 7, 1984 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS RESOLUTION 84 -71 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF WARREN LINDQUIST 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. M 5- 21 -84 -1- RESOLUTION NO. 84 -72 Member Celia Scott introduced the following resolution and moved its adoption: 1 RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1984 -D (LIFT STATION IMPROVEMENT PROJECT NO. 1983 -07, PHASE II) 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, 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. 84 -73 Member Celia Scott introduced the following resolution and moved its adoption: ACCEPTING BID AND APPROVING CONTRACT 1984 -E (WATER MAIN IMPROVEMENT PROJECT NO. 1984 -02 AND WATER SERVICE REPAIR PROJECT NO. 1984 -06) 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and j adopted. RESOLUTION NO. 84 -74 Member Celia Scott introduced the following resolution and moved its adoption: ACCEPTING BID AND APPROVING CONTRACT 1984 -F (EVERGREEN PARK/AREA IMPROVEMENT PROJECT NO. 1984 -07, PHASE I) r 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTI NO. 84 -75 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ANOKA- HENNEPIN SCHOOL DISTRICT NO. 11 FOR THE CONSTRUCTION AND MAINTENANCE OF THE EXPANDED EVERGREEN PARK ELEMENTARY SCHOOL PARKING LOT FACILITY 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RES OLUTIO14 NO. 84 -76 Member Celia Scott introduced the followin g resolution and moved its adoption: RESOLUTION ACCEPTING WORK UNDER CONTRACT 1982 --0 (CHLORINE/ STORAGE ROOM IMPROVEMENT PROJECT NO. 1982 -27) 5- 21-84 -2- The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, 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 14 1 0. 8 -77 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING REPLACEMENT OF POLICE SERGEANT POSITION 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, 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. 84 -78 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND AUTHORIZING PUBLICATION OF A NOTICE OF THE HEARING 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, 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. 84 -79 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF HAROLD ROSSOW 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, 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. 84-80 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF LLOYD HOLTHUS 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 5 -21 -34 -3- i I i I RESOLUTION NO. 84 -81 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF JOHN THOMPSON 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, 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. 84 -82 Member Celia Scott introduced the following resolution and moved its adoption: L RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF' GLENN LEITER' 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, 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. 84 -83 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF SERGEANT RAYMOND BEACH 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared p assed assed and adopted. RESOLUTION NO. 84 - Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF TRUMAN A. NELSON 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, 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. 84 -85 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF UNCOLLEC'T'IBLE CHECKS ' I 5 -21 -84 -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, 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. 84 -86 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF UNCOLLECTIBLE ACCOUNTS RECEIVABLE 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, 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. 8 1 ¢ - 87 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR LOAN OF INTOXILYZER 5000 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, 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: AMUSE DEVICE LICENSE - OPERATOR Lynbrook Bowl 6357 N. Lilac Dr. CIGARETTE LICENSE Pizza Palace 5001 Drew Ave.'N. FOOD E STABLISHM ENT LICENSE Brooklyn Center Community Center 6301 Shingle Cr. Pkwy. Brooklyn Center National Little Lions Park Donaldson's Brookdale Center Pizza Factory 6816 Humboldt Ave. N. Show Biz Pizza 5939 John Martin Dr. ITINERANT FOOD ESTABLISHMENT LICENSE Orchard Lane School 6223 Major Ave. N. 5- 21-84 -5- I I I MECHANICAL SYSTEMS LICENSE Hoffman's Inc. 135 E. Third Ave. Rassett Mechanical Contractors 1322 Rice St. NONPERISHABLE VENDING MACHINE LICENSE Coca Cola 1189 Eagn Ind. Rd. Earle Brown School 5900 Humboldt Ave. N. i POOL TABLE LICENSE Lynbrook Bowl 6357 N. Lilac Dr. I RENTAL DWELLING LICENSE Initial: Elaine V. Nelson 7213 Bryant Ave. N. Dennis & Linda Benton 6601 Camden Dr. Darlene Dimitroff 6442 Indiana Ave. N. Hallard N. Corey 4201 Lakeside Ave. N. #118 Michael E. Schultz 4207 Lakeside Ave. N. 4127 Jonathan Cain 4207 Lakeside Ave. N. #135 Gregg G. Link 5106 Winchester Ln. Leonard Schollen 5305 4th St. N. Renewal: Brookdale Towers Program Brookdale Towers Apts. Brooklyn Center Development Co. Earle Brown Farm Apts. Ewing Square Associates Ewing Square Townhouses Patrick J. Gaughan Victoria Townhouses Thomas W. Leverenze 5600 Aldrich Ave. N. Manferd Rasmussen 7020 Brooklyn Blvd. Richard E. Moehrle 5817 Shores Drive Don Pfau 6913 Unity Ave. N. John S. Tschohl 2206 54th Ave. N. SIGN H ANGERS LICENSE Crosstown Sign Company 10166 Central Ave. NE Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. The City Manager introduced a Resolution Establishing City Hall /Community Center Landscaping Improvement Project No. 198 -- 12, Phase I and Accepting Proposal for Construction Thereof. The Director of Public Works reviewed the landscaping proposals prepared for the City Hall and Community Center areas. The City Manager explained that the landscaping of the City Hall and Community Center area was delayed until the new entrance off Shingle Creek Parkway was completed. RESOLUT NO. 84 -88 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING CITY HALL/ COMMUNITY CENTER LANDSCAPING IMPROVEMENT PROJECT NO. 1984 -12, PHASE I AND ACCEPTIPG PROPOSAL FOR CONS'T'RUCTION THEREOF I 5- 21 -84 -6- 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. R . 4- RESOL P 0 8 8 9 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING CITY HALL/ COMMUNITY CENTER LANDSCAPING IMPROVEMENT PROJECT NO. 1984 -12, PHASE II AND ACCEPTING PROPOSAL FOR CONSTRUCTION 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, 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. 84 -90 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT WITH STS CONSULTANTS, LTD. FOR SOILS ENGINEERING RELATING TO CENTRAL PARK IMPROVEMENT PROJECT NO. 1984 -10 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 t Bill Hawes and Rich Theis and the following • thereof: Deanly Nyquist, Celia Scot , , Yq voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 84 -91 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING T HE 1984 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: and Rich Theis; Dean Nyquist, Celia Scott, Bill Hawes, and the following voted , against the same: none, whereupon said resolution was declared duly passed and adopted. APPROVAL OF NON INTOXICATING LIQUOR LICENSE FOR PIZZA FACTORY, 6816 HUMBOLDT AVENUE NORTH The City Manager introduced an application for a nonintoxicating liquor license for the Pizza Factory located in the Humboldt Square Shopping Center at 6816 Humboldt Avenue North. He introduced the investigation report completed on the owners of the establishment and stated that the police department, in its investigation, has found nothing in the owner's background which would preclude issuance of the nonintoxicating liquor license and that staff is recommending approval of the license. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to 5 -21 -84 -7- I I approve the application for a nonintoxicating liquor license for the Pizza Factory, 6816 Humboldt Avenue North. Voting n favor: Mayor Nyquist, Councilmembers g Y Yq , Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION AP NO. 84011 SUBMITTE BY NANKIN E XPRES S, INC. FOR SITE AND BUILDING PLAN AND SPECIAL USE PERMIT APPROVAL TO REKOPEL AND INSTALL A DRIVE -UP LANE AND WINDOW AT THE RESTAURANT AT 5532 BROOKLYN BOULEV The Director of Planning & Inspection presented and reviewed for Council members pages 1 and 2 of the May 10, 1984 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No. 84011. He explained the request is for site and building plan and special use permit approval to allow a fast food chinese restaurant to be located at 5532 Brooklyn Boulevard, the current site of the Happy Dragon restaurant. He explained the present zoning of the property is C2. The Director of Planning & Inspection explained that a similar application (Planning Commission Application No. 83039) was approved by the City Council for a Zantigo restaurant at this location. He explained the remodeling comprehended in Application No. 83039 was similar to that contained in Application No. 84011. He noted that the application requires a special use permit and that a public hearing on the special use permit is required. The Planning Director then reviewed the site and building plan and landscaping plan submitted with Application No. 84011. He explained the Planning Commission held a public hearing on the application at which no one spoke for or against the application except the applicant. He stated the Planning Commission recommended approval of Application No. 84011, subject to seven conditions which he reviewed for Council members. He noted that a public hearing has been scheduled for Application No. 84011 and that a representative of the applicant is present. Councilmember Scott suggested that an exit only sign be placed at the south entrance to the private road servicing the businesses between 55th and 56th Avenues. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 84011. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak at the public hearing. Mayor Nyquist noted he had received a letter from the First Brookdale Bank indicating that they had no objections to Application No. 84011. Mayor Nyquist then entertained a motion to close the public hearing. There was a motion by Councilmember Theis and seconded by Councilmember Scott to li close the public hearing on Application No. 84011. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve Application No. 84011, subject to the following conditions: 1. The special use permit is subject to all applicable codes, ordinances, and regulations and any violation thereof may be grounds for revocation. 2. Building plans are subject to review and approval b the Building g p J pp Y g Official with respect to applicable codes prior to the issuance of permits. 5 -21 -84 -8- 3. 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. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. Curbing shall be provided around all parking and driving areas in accordance with the recommendation of the City Engineer. 7. Colored flourescent and spotlights along the mansard of the building shall be removed prior to the issuance of permits. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. With regard to Councilmember Scott's suggestion, that an exit only sign be added to the south applicant entrance to the site the a licant stated that he believed this was a good idea and that they would erect such a sign. RECESS The Brooklyn Center City Council recessed at 7:50 p.m. and reconvened at 8:00 p.m. PUBLI HE AR ING OR F WATER MAIN IMPROVEMENT PROJECT NO. 1984 -08 AND STREET IMPROVEMENT PROJECT NI . 1984 -09 (LYNDALE AVENUE IMPROVEMENTS BETWEEN 53RD AND 57TH AVENUES) Mayor Nyquist stated that he would like to proceed with the public hearing this evening. He explained that it is apparent that work is needed in the area but that the question is how the work will be assessed. He stated it is his personal view to neighborhood and the City hearing 'n an environment of partnership with the nei hold the ea i 1 p p g g in order to provide input into the decision making process. The City Manager explained that the public hearing is a legal requirement and is the first step in a public improvement process. He explained that, after the project hearing is held the second step is the assessment hearing. He noted that on May 9, 1984 an informal informational meeting was held at the Earle Brown elementary school to discuss the Lyndale Avenue improvements. He continued to review the hearing process and explained to the Council that a petition received from residents in the area showed that virtually everyone in the neighborhood is opposed to the proposed project. He explained the staff is recommending that the Council deny all parts of the project in 1984 and file the necessary documents with the Minnesota Department of Transportation for turnback funding. The Director of Public Works reviewed for Council members the engineer's report prepared for Lyndale Avenue Improvement Project Nos. 1984 - 08,1984 -09, and 1984 -11. The Director of Public Works explained that on April 1, 1984 Lyndale Avenue was turned back to the City of Brooklyn Center from the Minnesota Department of Transportation. He then reviewed briefly the projects under consideration for Lyndale Avenue which included water main improvement, street improvement, and 5-21 -84 -9- ; sidewalk improvement. He explained in order to use the turnback funds the project must be placed under contract within five years from April 1, 1984 and must be completed within ten years. He explained the Minnesota Department of Transportation has advised the City that at the present time adequate turnback funds are available. He added that these funds may not be available in the future due to the possible increase of roadways turned back to local units of government. The Director of Public Works then proceeded to review the elements of the improvement project and pointed out that presently the area is served by private wells. He explained the water main project includes additional fire hydrants and services to undeveloped lots in the area. With regard to the street improvement project, he pointed out that it is proposed to remove the existing roadway and construct a roadway which is 28 feet curb to curb. He reviewed the two plans proposed for additional on- street parking, one allowing parallel parking,the other providing angle parking. He then reviewed the criteria recommended with regard to the additional on- street parking options and explained that also included in the street project are concrete aprons on all driveways. The Director of Public Works then reviewed the sidewalk improvement project and explained that the sidewalk is proposed from 53rd to 57th Avenues on the west side of the street to serve as a pedestrian link to the two bridges and to the River Ridge Park area, Iie then reviewed the proposed project construction schedule which contained a completion date of October, 1984, The Director of Public Works reviewed the various project costs, and pointed out that the estimated grand total of all projects was $392,600. He then reviewed the schedule of estimated special assessments for the proposed water main project and noted that the proposal is for a 20 year assessment. He then reviewed the estimated annual payments for the water main project for the first four years. The Director of Public Works then reviewed the assessment rates for the proposed street improvement project and also the estimated assessments for that project. He then reviewed the terms of assessment for the street improvement project which would be a ten year assessment. He concluded his discussion of the assessments by stating that the average assessment for a residential lot in the project area is estimated at $3,000 for the street improvement portion of the project. He then reviewed the City policy with regard to deferment of special assessments based on hardship. i Councilmember Scott requested the Director of Public Works to review the on- street parking policy related to the project. The Director of Public Works explained that the policy for parking in the additional on- street spaces prov - i ded with the project would be the same as the policy for the rest of the City meaning that cars would be allowed to park in a maximum of six hours during the day and four hours during night time hours. He explained that the hours are designed to prohibit long term parking for snow removal. Councilmember Hawes inquired as to the amounts of turnback funds that the City would be eligible to receive. The Director of Public Works explained that there are approximately enough turnback funds to finance the entire street construction except the additional on- street stalls and other minor items. He explained that the Minnesota Department of Transportation has not given a decision on whether turnback funds can fund a sidewalk. Councilmember Hawes then requested the Director of Public Works to review what process could be undertaken to install the water main project alone, The Director of Public Works explained that the installation of water main would be less expensive but would disturb the existing vegetation in the area and many trees would be lost. He explained the area between I 5- -21 -84 -10- I 53rd ;and 55th has a particular problem with regard to drainage. He added that no cost estimates had been prepared for installing the water main alone, but he pointed out that the cost would be substantial and the subsequent restoration of the roadway would not qualify for turnback funds. The Director of Public Works explained that the total estimated turnback funds are $252,500• Councilmember Scott stated she did not feel Lyndale Avenue is a typical residential street. She stated she believes the state has an obligation, since the street is a collector to the freeway, to fund amajority of the project. The Director of Public Works explained that currently the traffic counts on Lyndale Avenue are between 2,000 to 2,500 vehicles per day. He explained the majority of these vehicles are from outside the neighborhood and that the street performs a collector function. Mayor Nyquist opened the meeting for the purpose of a public hearing on water main improvement project No. 1984 -08 and street improvement project No. 1984 -09• Mayor Nyquist recognized Mr. Bob Murphy, 5607 Lyndale Avenue North. Mr. Murphy inquired whether River Ridge Park is owned by the City or the Minnesota Department of Transportation. Further, he questioned that if it is owned by the Minnesota Department of Transportation why would the City want to install a sidewalk? The City Alanager explained that the property is owned by the Minnesota Department of Transportation but is leased to the DNR and in turn leased to the City. He explained that the property was blocked off because it was being used as a dump site and that this was the only way it could be controlled. He added that the City has also been working with the Hennepin County Park Reserve District regarding the potential development of the site in hopes that the Park Reserve District would participate in the park development. Mayor Nyquist recognized Mr. Gene Kasmar, 5559 Lyndale Avenue North. Mr. Kasmar stated that he believes more effort should be taken to look for supplementary funding, since 83% of the project cost goes for the roadway. He added he would recommend supplementary funding for roads be obtained for the project, and stated that too much is being assessed to the residents as it now stands. Mayor Nyquist recognized Mr. Kenneth Kunz, 2920 West 78th Avenue in Richfield. Mr. Kunz stated he owns the property at 5601 Lyndale Avenue North. Mr. Kunz expressed his support for the water main project and stated he would like an alternative for water, which he does not have now. Currently, he added, he is providing bottled water for the residents at his rental unit. He explained there is a sulphur smell in the water from the well on the site. Mayor Nyquist recognized Mr. Tony Schmid, 5500 Lyndale Avenue North. Mr. Schmid stated that he circulated the petition along Lyndale Avenue against the project, and pointed out that 26 of the 28 residents signed the petition opposing the project. He stated his primary concern is the cost of the project. He stated further that the State of Minnesota saw fit to send 25,000 to 30,000 cars down Lyndale Avenue before the road was turned back, and he believed that the turnback fund should be dedicated to Lyndale Avenue and not put into a City wide fund. He stated that if the Council chose alternative No. 4 this would only delay the project. Mr. Schmid then stated he believed the only standing water in the roadway has been in places where trucks have worn a groove in the roadway during the construction of I -94. He also stated he believes that the curb and gutter is not necessary and pointed out that curb and gutter is not in place in most other areas of the City. In conclusion, Mr. Schmid stated that his present concern was the speed of the traffic along Lyndale. 5- 21-84 -11- I I Mayor Nyquist recognized Mr. David Gee, 5449 Lyndale Avenue North. Mr. Gee stated he believes there is a definite need for water in the area but that he does not cost for the roadway He explained co believe the residents should pay the bulk of the the State has let the road go into disrepair for years. Nyquist recognized Mr. Roger Gurley, Mayor Nyqu g g Y, 5429 Lyndale Avenue North. Mr. Gurley expressed his opposition to the hookup to City water and termed City water as unsafe water. Mayor Nyquist recognized Mr. Frank Belatz, 5323 Lyndale Avenue North. Mr. Belatz stated he has lived at his present address for 34 years and that the owners with property on both sides of Lyndale Avenue would be double assessed. He stated that some thought should be given to the senior citizens with fixed income who cannot afford the assessments. Mayor Nyquist inquired if there was anyone else 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 Hawes to close the public hearing on water main improvement project No 1984 -08 and street improvement project No. 1984 -09. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. The City Manager reviewed the resolutions handed out to the City Council at the meeting, including a resolution which would terminate the project and another resolution which would order the preparation of plans and specifications for Lyndale Avenue water main, street, and sidewalk improvements for the purposes of submitting them to the Minnesota Department of Transportation for approval with the request that municipal turnback funds be encumbered for the project. Councilmember Theis inquired whether curb and gutter would be required to be placed on a street where state aid funds are spent. The Director of Public Works stated he believes that elimination of the curb and gutter would be an option but that he would research the statutes. I RESOLUTION NO. 84 -92 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION TERMINATING LOCAL IMPROVEMENT PROCEEDINGS FOR PROJECTS NOS. 1984 -08 AND 1984 -09 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, 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. 84 -93 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ORDERING PREPARATIONS OF PLANS AND SPECIFICATIONS FOR LYNDALE AVENUE STREET AND SIDEWALK IMPROVEMENTS (IMPROVEMENT PROJECTS NOS. 1984 -09 & 1984 -11) i -12- 5 -21 -84 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PUBLIC HE R EGARDING CONTESTED COMPLIANCE ORDER INVOLVING CHIPPEWA PARK APAR �^ The Director of Planning & Inspection reviewed the appeal received on May 1, 1984 from a compliance order as submitted by Mr. Harold Liefschultz, owner of the Chippewa Park Apartments in Brooklyn Center. He explained that required by ordinance the City's Housing Commission reviewed the appeal from Chapter 12 of the City ordinances. The Director of Planning & Inspection then reviewed for Council members the location of the Chippewa Park Apartments and reviewed the appeal and explained that Mr. Liefschultz claimed the appeal was an effort to address an erroneous interpretation under the City's Housing Maintenance Ordinance. The Director of Planning & Inspection then reviewed the various points of the appeal for Council members, and explained that the appeal was submitted to the City by Mr. Paul C. Steffenson, an attorney representing Chippewa Park Properties. He explained that point one alleged that the Housing Maintenance and Occupancy ordinance required that notice be given of the specific sections of the ordinance violated, and that the compliance order issued failed to cite the ordinance sections with respect to the 13 violations noted. Point two of the appeal, stated that section 12 -1201 requires a compliance official to establish reasonable time for the correction of such violations. Mr. Warren explained that the appellant stated that Chippewa Park Apartments were given only 72 hours to correct four specific violations and that the fire department had given them thirty days to correct certain violations, including the same fire door cited by the building inspector. Mr. Warren then reviewed the third point of the appeal, which argued that the compliance order was a result of an HRA inspection on apartment #112 at 6417 Camden Avenue North and the alleged violations had no relationship to an HRA inspection of an individual unit. Finally, in point four, Mr. Warren explained that the appellant alleges that several of the violations do not violate the Housing Maintenance and Occupancy ordinance but rather were reflecting the housing inspector's own perception of how an apartment complex should be maintained. Regarding the 72 hour notice, the Director of Planning,& Inspection stated that these items addressed life safety items and were items that could be reasonably corrected in 72 hours and clearly were the owner's responsibility, such as fire doors, inoperable elevators, loose hand rail and replacement of a doorstop. Mr. Warren then responded to the appellant's statement that the building inspector should only address requirements of the Metropolitan Housing and Redevelopment Authority inspection. He noted that it was the building inspector's responsibility to note violations, and that it would not be appropriate. for him to ignore violations even though they are not specifically related to the HRA inspection. With regard to the fourth point of the appeal, Mr. Warren stated that the violation cited did not reflect the inspector's personal idea of how property should be maintained, and the Director of Planning & Inspection cited the section of the Housing Maintenance Ordinance addressing the violations cited. The Director of Planning & Inspection explained that on May 15, 1984 the City's 5 -21 -84 -13- I Housing Commission met to hear the appeal and after holding a public hearing the Commission passed a resolution recommending disposition of an appeal of a housing maintenance compliance order given Chippewa Park Apartments. The Director of Planning & Inspection then reviewed Housing Commission Resolution No. 84 -1 for Council members. He noted that a representative of the owner is present this evening. i Mayor Nyquist inquired whether the violations had been corrected. The Director of Planning & Inspection stated that, except for the repair of the parking lot, he believed that all other repairs were completed. i Mayor Nyquist opened the meeting for the purpose of a public hearing regarding the contested compliance order involving Chippewa Park Apartments. Mayor Nyquist recognized Mr. Paul Steffenson, attorney representing Chippewa Park properties. Mr. Steffenson stated that the appeal was submitted for the reasons stated by the Director of Planning & Inspection, but also for the reason of pending litigation between the owners of the property and the City. He added that he has met with the Director of Planning & Inspection and a representative of the City attorney's office and that he hopes that an agreement can be worked out regarding the pending litigation. He explained that the only order not complied with was the parking lot repair and this was done to allow time to accept bids for the repair of the entire lot. Mr. Steffenson noted that members of the Housing Commission recommended that exact citations should be set forth in future compliance orders. He added that it is not plain by section 12.09 what is meant by "facilities" to function. Regarding the conflicting orders of the fire department and building inspectors, he stated that both departments received copies of each others orders. In conclusion, he j stated that the appeal is a serious one and that it is part of a larger dispute with the City which he hopes to resolve. Councilmember Theis stated he believed it would have been convenient to have the section numbers stated on the compliance order. There was a motion by Councilmember Theis and seconded by Councilmember Scott to affirm the Housing Commission's findings as stipulated in Housing Commission Resolution No. 84 -1 titled Resolution Recommending Disposition of an Appeal of a Housing Maintenance Compliance Order given Chippewa Park Apartments. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. GAMBLIN LICENSE APPLICATIONS There was a motion by Councilmember Scott, and seconded by Councilmember Theis to approve the application for a Class A gambling license for Rosary Altar Society of St. Alphonsus Catholic Church. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. I There was a motion by Councilmember Theis and seconded by Councilmember Hawes to waive the $10,000 fidelity bond for the Class A gambling license for Rosary Altar Society of St. Alphonsus Catholic Church. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the application for a Class B gambling license for St. Alphonsus Catholic i 5 -21 -84 1.4- Church Men's Club. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve the waiver of the $10,000 fidelity bond for the Class B gambling license for St. Alphonsus Catholic Church teen's Club. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Theis and seconded by Councilmember Hawes to approve the application for a Class B gambling license for St. Alphonsus Catholic Church Fun Fair. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve the waiver of the $10,000 fidelity bond for the Class B gambling license for Mayor P r Nyquist, , i Y St. Alphonsus Catholic Church Votin g •n favor. q Y Fun Fair. Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the application for a Class B gambling license application for the Brooklyn Center American Little League, Incorporated. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve the waiver of the $10,000 fidelity bond for the Class B gambling license for the Brooklyn Center American Little League, Incorporated. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis.- Voting against: none. The motion passed. RESOLUTION NO. 84 -94 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION OF APPRECIATION FOR PARTICIPATION IN THE 1984 NORTH SUBURBAN FIRE MUSTER AND PARADE 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, Celia Scott, 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 Scott and seconded by Councilmember Theis to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. The Brooklyn Center City Council adjourned at 10:30 p.m. Deputy City Clerk Mayo 5 -21 -84 -15-