HomeMy WebLinkAbout1983 02-28 CCM Regular Session MITPJTE'S OF 9117 PROC£'FDTPTGo OF THE CITY COUNCIL
OF TIC? ', CITY OF PB001'LYTI C:? ;r"'I:R ITI THE COMITY
OF HE,TIVEPIN IN TIT, STATE OF iTINTTESOTA
REGULAR SESSION
FEBRUARY 28, 1
CITY HALL
CAL TO ORDER
The�Brocklyn Center City Council met in regular session and was called to order by
Mayor Bean hTyquist at 7:20 p.m.
ROLL CALL
Mayor Dean Nyquist, CouncilmeUibers Gene Lhotka, Celia Scott, Bill Hawes, and Rich
Theis. Also present were City Eanager Gerald Splinter, Director of Public Works Sy
Yxiapp, Director of Finp-nce Paul Holm Director of Planning & Inspection Ron
Warren, City Attorney Richard Schieffer, Assistant City Engineer Jim Grube, and
Administrative Assistants Brad Hoffman and Tom Bublitz.
O'RFI FOR �?
layor Y noted the Council had not received. any requests to use the Open Forum
session this evening. He inquired if anyone in the audience wished to address the
Council. There being none, he continued with the regular agenda items.
CON SIET`y ?`_G
Mayor yquist inquired whether any Council members wished any items removed from the
Consent Agenda.
The City I Ianager requested that item 7g be removed from the Council Agenda since the
resolution will be reviewed by the Community Development Block Grant Advisory
Connnittee at its next meeting.
Councilmember Hawes requested that item No. 6 be removed from the Consent Agenda
since he - noted a correction for the February 14, 1983 minutes. He stated he would
request that on page 8 of the February 14 minutes a comment he made regarding the fact
that he seconded tl:e motion for the approval of the Resolution Appropriating Funds
for Paymelit of Local Share of Costs for the Pedestrian /Bikeway Improvement Project
No. 198&-:06 because the project had already received federal funding approval.
Councilmember Lhotka requested that item 7c be removed from the Consent Agenda.
R1 � " OLU"
RE SUhti I` TTO. 83_3
Member e ie Lhotka introduced the following resolution and moved its adoption:
E'�ESOL T1ON APPROVTI,'t PLAtIS AND SPECIFICATIONS FOR 63RD AZETTUE NORTH WATER MAIN
IP1 "NL' PROJECT NO. 1983 --02, AND ORDERING AMMTISI MT FOR BIDS (CONTRACT
1983-1))
The motioli for the adoption of the foregoing resolution was duly seconded by member
Celia Scott, and upon vote being ta]:en thereon, the followring voted in favor
thereof: Dean .Nyquist, Gene Lhotka,, Celia Scott, Bill Hawes, and Rich Theis; and
the fo'l lowing voted against the same: none, whereupon said resolution was declared
duly pa. -,seed and adopted.
LICi 'i.SPS
'Aic Y e v,,,, -, a motion by Councilmember Lhotka and seconded by Councilmember Scott to
opprove the following list of licenr e �:
2-28-83 -1-
AMUSEMENT DEVICE - OPERATOR'S LICENSE
Plitt Theater 2501 County Road 10
Snyder Brothers Drug Brookdale Center
AMUSEMENT DEVICE - VENDOR'S LICENSE
Carousel International Corporation 19 Zinzer Court
BULK VENDING LICENSE
K -Mart 5930 Earle Brown Dr.
K -Mart 3600 63rd Ave. N.
Theisen Vending 3804 Nicollet Ave.
Brooks Superette 6804 Humboldt Ave. N.
CIGARETTE LICENSE
Miernik Vending 7258 Commerce Cir. E.
Brookdale Towers 2810 County Rd. 10
Hiawatha Rubber 1700 67th Ave. N.
Marc's Budgetel 6415 James Circle
Pyramid Petroleum Corporation 2605 County Rd. 10
Wes' Standard Service 6044 Brooklyn Blvd.
FOOD ESTABLISHMENT
Chuck's Q. 1505 69th Ave. N.
GAMBLING LICENSE CLASS A
Northport School PTA 5421 Brooklyn Blvd.
G LICENSE CLASS B
Knights of Columbus 7025 Halifax Ave. N.
GASOLINE SERVICE STATION LICENSE
Pyramid Petroleum Corporation 2605 County Rd. 10
Wes' Standard Service 6044 Brooklyn Blvd.
NONPERISHABLE VENDING MACHINE LICENSE
A & J Enterprises 2367 University Ave.
Bob Ryan Olds 6700 Brooklyn Blvd.
Beacon Bowl 6525 Lyndale Ave. N.
Coca Cola Bottling Midwest 1189 Eagan Ind. Rd.
Bermel Smaby 6500 Brooklyn Blvd.
Books Plus 5717 Xerxes Ave. N.
Brookdale Car Wash 5500 Brooklyn Blvd.
Brookdale Chrysler Ply. 6121 Brooklyn Blvd.
City Garage 6844 Shingle Cr. Pkwy.
2 -28 -83 -2-
NO NPERISHABLE VENDING 14ACH LIC Cont.
` Darrels Dance Connection 6836 Humboldt Ave. N.
Fisher Foods 6800 Shingle Cr. Pkwy.
Garden City School 3501 65th Ave. N.
Hoffman Engineering 6530 James Ave. N.
Holiday Inn 1501 Freeway Blvd.
Iten Chevrolet 6701 Brooklyn Blvd.
K -Mart 5930 Earle Brown Dr. j.
Kar -Win Auto 6846 Humboldt Ave. N. !
Maranatha Nursing Home 5401 69th Ave. N. f
Minnesota Fabrics 5712 Morgan Ave. N.
Razor Court 5740 Brooklyn Blvd.
St. Paul Book & Stationery 5810 Xerxes Ave. N.
Silent Knight Security Systems 1700 Freeway Blvd.
State Farm Office 6415 Brooklyn Blvd.
Summit Properties 6120 Earle Brown Dr.
Willow Lane School 7030 Perry Ave. N.
K -Mart 5930 Earle Brown Dr.
K -Mart 3600 63rdaAve. N.
F & M Marquette National Bank 5825 Xerxes Ave. N.
Interstate United 1091 Pierce Butler Rte.
Ault Inc.. 1600 Freeway Blvd.
State Farm 5930 Shingle Cr. Pkwy.
Lynbrook Bowl 6357 N. Lilac Dr.
Miernik Vending 7258 Commerce Circle
Brookdale Towers 2810 County Rd. 10
Hiawatha Rubber 1600 67th Ave. N.
Marc's Budgetel 6415 James Circle
Precision, Inc. 3415 48th Ave. N.
Red Owl Country Store 5425 Xerxes Ave. N.
Red Owl Country Store 3600 63rd Ave. N.
Royal Crown Beverage Co. P.O. Box 43466
Car -X Muffler Shope 6810 Brooklyn Blvd.
Duke's Standard 6501 Humboldt Ave.
Hi -Lo Manufacturing 6520 James Ave.
Ideal Drug 6800 Humboldt Ave. N.
Northport School 5421 Brooklyn Blvd.
North Starodge 6800 Brooklyn Blvd.
Warner Hardware 2105 57th Ave_ N.
Theisen Vending 3804 Nicollet Ave.
Thrifty -Scot Motel 6445 James Circle
Bill West 2000 57th Ave. N.
Viking Pioneer Distributing Co. 5200 W. 74th St.
LaBelle's 5925 Earle Brown Dr.
PERISHABLE VENDING MACHINE LICENSE
A & J Enterprises 2367 University Ave.
Bob Ryan Olds 6700 Brooklyn Blvd.
Coca Cola Bottling Midwest 1189 Eagan Ind. Rd.
Hoffman Engineering 6530 James Ave. N.
Interstate United Corporation 1091 Pierce Butler Rte.
Ault Inc. 1600 Freeway Blvd.
State Farm 5930 Shingle Cr. Pkwy.
2 =28 -83 -3-
PERISHABLE VENDING LICENSE Cont.
Miernik Vending 7258 Commerce Circle
Brookdale Towers 2810 County Rd. 10
Hiawatha Rubber 1700 67th Ave. N.
Marc's Budgetel 6415 James Circle
Norcroftt, Inc. Rte. 1, Box 992
Brooklyn Center High School 6500 Humboldt Ave. N.
Red Owl County Store 5425 Xerxes Ave. N.
Viking Pioneer Distributing Co. 5200 W. 74th St.
LaBelles 5925 Earle Brown Dr.
READILY PERISHABLE FOOD VEHICLE
Fisher Food Products 6800 Shingle Cr. Pkwy.
SIGNHANGER'S LICENSE
CBS Sign Company 4820 W. 77th St.
SPECIAL FOOD HANDLING LICENSE
Children's Palace Brookdale Square
Snyder Brother's Brookdale Center
RENTAL DWELLING LICENSE
Initial:
Invespro II Limited Partnership Columbsu Village Apts.
James & Shirley Anderson 4204 Lakebreeze Ave. N.
Larry Pederson 5401 63rd Ave. N.
John & Patty DeVries 2801 66th Ave. N.
John & Patty DeVries 2936 69th Lane
John & Patty DeVries 2937 69th Lane
Renewal:
Village Properties Evergreen Park Apts.
Diane M. Butterfield 5926 Colfax Ave. N.
Nelson Gregg Co. 6715 & 6721 Humboldt Ave. N.
William F. & Bonnie L. Shutte 6717 & 6719 Humboldt Ave. N.
Gary Scherber 4708 Lakeview Ave. N.
William & Dorothy Goins 6331 Noble Ave. N.
Edward C. Sass 5101 - 03 Xerxes Ave. N.
David J. Richardson 7021 W. River Road
Harold Swanson 7230 W. River Road
Harold Swanson 7250 W. River Road
Harold Dripps 3612 54th Ave. N.
Curtis H. Cady 1312 72nd Ave. N.
2 -28 -83 -4-
Voting in favor: Mayor TTyquist, Councilmembers Lhotka, Scott, Hawes, and Theis.
Voting against: none. The motion posed unanimously.
A PPRO VAL OF 1 IINUT:ES — FEBRUARY 14, 1983, REGULAR SESSION, DFUMBER 27, 1982, SPECIAL
SE
There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to
approve the minutes of the City Council meeting of February 14, 1983 with the
correction noted by Councilmember Hawes. Voting in favor: Mayor Nyquist,
Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The
motion passed unanimously.
There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to
approve the minutes of the City Council meeting of December 27, 1982 as submitted.
Voting in favor: T?ayor. Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis.
Voting against: none. The motion passed unanimously.
RESOLUTIOTTS (CONTINUTPD )
The City TM!anager introduced a Resolution Rejecting Bids and Authorizing
Advertisement for New Bids for Diseased Shade Tree Removal Project No. 1983 -01
(Contract 1983 —A).
The Director of Public Works explained that, with regard to the bid for tree removal,
the first low bidder did not submit a bid bond with the bid, and on the basis of the
references received on the second lowest bidder, the staff would recommend
rejection of the second low bidder. He also noted that the staff would recommend
rejection of the third lowest bidder since the bid exceeds the engineers estimate
for the contract, and the bid for tree removal from the third lowest bidder is 18%
higher than last year based on a unit price comparison. The Director of Public
Works noted that Mr. Steve Moracki, owner of Midwest Stump Removal, is present this
evening.
Mayor Nyquist inquired what the major areas of problems were with regard to the
references received on Midwest Stump Removal. The Director of Public Works
explained that the major problems were in the area of management methods and
communication with the cities. He explained the communication with the cities was
inadequate but added that the work itself, with regard to tree removal, was
apparently satisfactory.
Mayor Nyquist recognized Mr. Steve Moracki, who identified himself as the owner of
Midwest Stump Removal, which is based in Anoka. He proceeded to review the cities
he had worked for in the past, and reviewed the work accomplished in each city. He
also reviewed the equipment his company owned and noted that his crews were well —
trained and used approved work methods for each facet of tree removal.
Mr. Moracki stated that he believes he had let the administrative end of his business
slip in the past but that he has tried to work with the crews very closely in the past.
He explained that as a result of his work with the crews it has been hard for him to
relate to the damage done by his crews in the past. Mr. Moracki then reviewed the
procedures used by his firm when damage has been done during the course of tree
removal.
Mr. T.-Zoracki_ noted that his company has an answering service and two —way radios in the
vehicles, and that with regard to communications he believes that this years work
has been scheduled to improve communications with the cities.
2-28 -83 -5-
Councilmember Hawes asked Mr. Moracki to explain the incident in St. Louis Park
where an employee was apparently required to pay restitution for damage done in tree
removal. Mr. Moracki explained that in the incident in St. Louis Park he requ:Lred
his employee to trim trees free of charge for an individual for dropping a tree on the
person's driveway and breaking the surface. He explained the tree was dropped
improperly and that in addition to requiring the employee to trim the person's trees
free of charge the individual was paid $75 by Midwest Stump Removal.
The City Manager explained that one reason the staff is recommending rejection of
the bids is that the most difficulty with property owners in the tree removal program
comes with the communication and follow -up. He stated that the staff had
experienced problems in this area with contractors in the past.
Mayor Nyquist inquired whether Mr. Moracki had done any jobs since he had
implemented the new procedures he referred to earlier. Mr. Moracki stated that he
had done work in the Cities of Richfield and Edina since the new procedures were
implemented. The Assistant City Engineer stated that he was not able to contact the
individual in the City of Richfield who could provide a reference but that he had a
reference from the City of Edina with regard to stump removal done in that City, and
that there was apparently no problem with the stump removal work accomplished by
Midwest in Edina.
Councilmember I,hotka commented that since the Tree Removal Program began in the
City, the City has gone through its share of problems with tree removal contractors
and as a result has become very sensitive to potential problem areas with regard to
tree removal. Mr. Moracki stated that he can understand the City's concern and that
he believes establishing a rapport with homeowners is needed.
Councilmember Theis inquired what the time periods were when the contractor left a
job in one City and then returned to finish the work. The City Manager explained
that in St. Louis Park contractors are given a twenty -day period to remove diseased
trees from the date the tree is marked for removal. He explained that one list of
trees was not removed until thirty -five days and that this happened more than twice.
He explained that the contractor did not exceed the twenty -day period consistently
but due to the high visibility and sensitivity of the Tree Removal Program this could
create problems. He added that Brooklyn Center's removal period is ten working
days but that the size and number of trees on a removal list is also taken into
consideration.
Councilmember Hawes inquired of the Director of Public Works and City Manager
whether the conversation this evening would change the staff's recommendations. The
Director of Public Works stated that the established record of the contractor is not
very encouraging and that the staff would be reluctant to recommend approval because
of the potential problems with residents. The City Tanager stated that tree
removal, in many cases, is an extremely sensitive situation to the resident and that
considerable staff time can be wasted in dealing with residents who are upset Frith
the contractor. He added that the City would hope to have demonstrated good
experience on the part of any tree removal contractor.
'. Councilmember Theis stated that he would not want to create unnecessary barriers to
contractors but that he would not want to award the contract to a contractor who
would create problems in the public relations area. He added that he believes the
City can find a_ contractor who can perform in all areas.
2- 28 -f33 -n-
RESO N0. 83 -37
ffe_niber Genre Lhotka introduced the following resolution and moved its adoption:
RESOLUTION REJECTITIGG BIDS AND AUTFIORIZING ADVERTTM TENT FOR NEW BIDS FOR DISEASED
SHADE TREE REMOVAL PROJECT NO. 1 983 -01 (CONTRACT 1983 -A)
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, 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 Accepting Bid and Approving Contract for
1983 -B (Municipal Garage Remodeling and Storage Building Project No. 1982 -28, Phase
II). The City Manager noted that Councilmember Lhotka's recommendation with
regard to an alternate for concrete block proved accurate and that in general a lower
bid was received for the use of concrete block.
Councilmember Scott commented on the variety of bids with regard to additions and
subtractions for use of concrete block. The Director of Public Works commented
that in general a lower bid was received for the use of concrete block but that some
of the contractors had added to the bid for the use of concrete block.
Councilmember Lhotka expressed some concern over the proposed skylights for the
storage building and stated that it has been his experience that skylights are prone
to leakage problems from rain and snow.
R ESOLUTION NO. 83 -38
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTIICT BID AND APPROVING CONTRACT 1983 -B (MUNICIPAT GARAGE AND
STORAGE BUILDING PROJECT NO. 1982 -28, PHASE II)
The motion for the adoption of the foregoing resolution was duly seconded by member
Celia Scott, and upon vote being taken thereon, the following voted in favor
thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and
the following voted against the same: none, whereupon said resolution was declared
duly passed and adopted.
The City Manager introduced a Resolution Receiving City Engineer's Report,
Establishing Well No. 3 Reconditioning Project No. 1983 -03, Approving Plans and
Specifications, and Ordering Advertisement for Bids (Contract 1983 -C).
The Director of Public Works reviewed the City's inspection program for wells and
explained that City wells are reviewed periodically every five to seven years. He
explained the wells are pulled and inspected and that well No. 3 was inspected in
January, and it was noticed that the well was experiencing pump wear problems and
corrosion in the piping.
Councilmember Theis inquired whether the City could live with the existing size of
the motor instead of the extra cost for the larger motor. The Assistant City
Engineer explained that when well No. 9 is brought on line, the draw down on the
aquifer will be greater, and as a result, a smaller motor will not pump at the
f
2 -28 -83 7-
required pressure at the greater depth. The City Manager explained that if any
future treatment of water is necessary it is advisable to have wells located in one
area otherwise treatment would have to be done at each well. He added that there are
disadvantages to having all wells located in one area but that the advantages
outweigh the disadvantages.
The Director of Public Works explained that the estimated total cost of the
conditioning project is $69,450 and this amount should be added to the third
paragraph of the resolution.
RESOLUTION NO. 83 -39
Member Gene LhotEa introduced the following resolution and moved its adoption:
RESOLUTION RECEIVING CITY ENGIPTEER'S REPORT, ESTABLISHING WELL N0. 3
RECOTIDITIONING PROJECT NO. 1983 -03, APPROVING PLANS AND SPECIFICATIONS, AND
ORDERING ADVERTISEMENT FOR BIDS (CONTRACT 1983 -C)
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.
PUB DARING REGARDING HOUSING DEVELOPMENT PROJECT AND TAX INCREMENT FINANCING
DISTnICT
Mayor Nyquist opened the meeting for the purpose of a public hearing regarding the
designation of a Housing Development Project pursuant to Minnesota Statutes
Sections 462.411 e-t. seq., the Municipal Housing and Redevelopment Act and the
establishment of tax increment financing district pursuant to Minnesota Statutes,
Section 273.71 to 273.78 inclusive, the Tax Increment Financing Act. He inquired
if there was anyone present who wished to speak at the public hearing. No one
appeared to speak. There was a motion by Councilmember Scott and seconded by
Councilmember Theis to continue the public hearing to the regularly scheduled
Council meeting of March 14, 1983. Voting in favor: Mayor Nyquist,
Councilmembe.rs ihotka, Scott, Hawes, and Theis. Voting against: none. The
motion passed unanimously.
PIArTNITTG COI4ISSIOTT ITFNIS R ' 1L FROM A
PLAr�il,ING C-01 II SION A PPLICATION 110. 83001 SUBMI tTED BY HOWE, INC . AN APP
DE`_�FPP•IINATION BY THE ST AFF 11 T AC�UIS OF A_ RIGHT OF WAY P ARCTL A`' TIC OUTS °1k S"'
CORdER OF 49TH 7 V STJ TE 1ORTH IN BR001 I 130717 ,UT �,OULD C011 TUT ATT IxPA?' OI' A
T id>t�RTIIPT� USE ND I � D SRI , TT LRARY `y SET II 35 -1 11 THEL�IZI�TG
ORDITIAN
The Director of Planning & Inspection presented and reviewed for Council members
pages one through two of the February 17, 1983 Planning Commission minutes, and also
the Planning Commission information sheet prepared for Application No. 83001 . He
explained that the application was an appeal from a determination by the City staff
that acquisition of a right of way parcel at the southwest corner of 49th Avenue
North on Brooklyn Boulevard would constitute an expansion of a nonconforming use.
Ile proceeded to review the location of the subject parcel and explained that the
parcel wac excess right of way which Howe, Inc. plans to acquire from the I'viinnesota
Department of Transportation, and plans to use the 30,000 sq. ft. for additional
parking area. The Director of Planning & Inpsection stated the staff position is
that the applicant use of the property would be an expansion of a nonconforming use
which is prohibited by Section 35 -111 of 'the City's zoning ordinance.
2 -28 -83 -8-
The Director of Planning & Inspection reviewed the letter from the applicant
regarding the applicant's arguments for the proposed use of the area.
The Director of Planning &Inspection stated that the Planning Commission, at its
February 17, 1983 meeting, directed the staff to work out an agreement with Howe,
Inc., to allow them the use of the area without violating the provisions of the
zoning ordinance regarding expansions of nonconforming uses.
The Director of Planning °. Inspection reviewed a letter from the City Attorney which
outlined conditions for accepting the acquisition of the .right of way parcel without
it constituting an expansion of a nonconforming use. He reviewed the points
expressed on pages three and four of the City Attorney's letter of February 10, 1983.
He explained the Planning Commission's recommendation was to form an agreement with
Howe, Inc., and then return to the Planning Commission and City Council with site
plans for formal review.
Councilmember Lhotka asked how much parking would be provided by the acquisition of
the additional right of way. The Director of Planning & Inspection answered that
the parcel would provide parking for between 10 and 15 cars. He also noted that a
final determination of the right of way necessary for setback requirements would
have to be made if the agreement with Howe, Inc., and the City were to be approved.
Mayor Nyquist recognized Mr. Tom Howe who presented to Council-members aerial photos
of the Howe site and the proposed parking area. Mr. Howe explained that the plans
for the additional parking area would be proposed in conjunction with additional
landscaping for the area. He added that Howe sees it as an opportunity to correct
problems created by the highway department taking of the property for right of way.
He cited an existing problem of trucks not - being able to turn in the present turning
area, and. that they are forced to move into the existing right of way area. He
explained that if the agreement were approved the area would be paved.
Mr. Howe explained that the adjoining neighbors approve of the project including Mr. .
Leo Hanson and Mr. Fred Fournier. Mr. Howe estimated that a variance from the
required 15 ft. setback from T.H. 152 would be needed if the plans were approved.
Council-member hhotka expressed a concern over the difficulty of separating the
ammoniated fertilizer production process out of the entire use of the Howe site. He
inquired of the City Attorney what the City would be doing legally. The City
Attorney replied that the question is not easily answered and that the fertilizer
production portion of the plant is a small portion of the entire use. He stated that
the size of the present parking variance will be decreased by the number of
additional parking spaces made available by the right of way parcel acquisition, and
that as long as the area for parking is not expanded, the City is not expanding the
nonconforming use.
Councilmember Lhotka expressed a. concern over the expansion of the nonconforming
use portion of the Howe operation. Mr. Tom Howe replied that it is Howe's belief
that the parking will not expand the production aspect, and that 80-90% of the Howe
plant is conforming, although, the nonconforming portion of the business is still
important.
The City Attorney stated he would not advise the Council to approve the right of way
acquisition without an agreement with Howe, Inc., since the agreement would prevent
the expansion of the ammoniated process for the production of fertilizer.
2-2B-83 -9-
Councilmember Lhotka inquired whether there were any overall community concerns
related to this proposal. The City Manager explained that the City has not received
any complaints from the area, and that the staff believes they have a good sense of
the neighborhood's feelings.
Mr. Tom Howe explained that Howe, Inc. , is not pinning to expand its Brooklyn Center
plant but that they want to make the Brooklyn Center plant more efficient, improve
the aesthetics of the plant, and improve relations with the neighborhood.
Councilmember Theis inquired whether the agreement, if approved, would hold up in
court. The City Attorney stated that he believes it would be extremely unlikely if
the agreement would be challenged and that he believes Howe, Inc., would not be
successful in such a challenge. He added that this does not preclude any third
party challenges but he believed this unlikely since he could not foresee what
damage could be done by the change in parking.
The City Attorney recommended that the Council deal with the appeal and direct the
staff to prepare an agreement in final form between the City and Howe, Inc.
Councilmember Theis stated that he would feel more comfortable to pass on the appeal
when the formal agreement was prepared. The City Attorney replied that the
applicant could challenge the denial of the appeal in court, with or without, the
execution of an agreement.
The City Manager stated the Council could defer action on the appeal and direct the
staff to prepare a resolution denying the appeal which could be brought back to the
Council with the formal agreement.
In response to the City Manager's suggestion, there was a motion by Councilmember
Theis and seconded by Councilmember Lhotka to defer action on the appeal from a
determination by staff regarding Planning Commission Application No. 83001 and to
direct the City staff to prepare a resolution denying the appeal and also to prepare
a formal agreement between Howe, Inc., and the City of Brooklyn Center regarding the
proposed acquisition and use of the land. Voting in favor: Mayor Nyquist,
Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The
motion passed unanimously.
RECESS
The Brooklyn Center City Council recessed at 8:53 p.m. and reconvened at 9:10 p.m.
ORDINANCES
The City Manager introduced An Ordinance Amending Chapter 35 of the City Ordinances
Regarding Setbacks for Existing One or Two - family Dwellings and explained the
ordinance was first read on January 24, 1983, published on February 3, 1983, and is
recommended for a second reading this evening.
Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance
Amending Chapter 35 of the City Ordinances Regarding Setbacks for Existing One or
Two- Family Dwellings and inquired if there was anyone present who wished to speak at
the public hearing. No one appeared to speak and fie entertained a motion to close
the public hearing.
4
2 -28 -83 -10-
There was a motion by Councilmember Scott and seconded by Councilmember Hawes to
close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances
Regarding Setbacks for Existing One or Two- Family Dwellings. Voting in favor:
Mayor Elyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against:
none The motion passed uananimously.
ORD NO. 83 -1
Member Gene Lho=ta introduced the following ordinance and moved its adoption:
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING SETBACKS FOR
EXISTING ONE OR TWO - FAMILY DWELLINGS
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, 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.
The City Manager introduced An Ordinance Amending Chapter 8 of the City Ordinances
Regarding Food Establishments and explained the ordinance would provide for a
quality assurance plan option for food handlers choosing to develop such a plan. He
added that the City Council referred the ordinance amendment to the Chamber of
Commerce for review on October. 25, 1982 and that the Chamber has since issued a
resolution of support for the ordinance. He stated the ordinance was first read on
January 24, 1983, published on February 3, 1983, and is recommended for a _second
reading this evening.
Mayor. Nyquist opened the meeting for the purpose of a public hearing on An Ordinance
Amending Chapter 8 of the City Ordinances Regarding Food Establishments. 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 Hawes to
close the public hearing on An Ordinance Amending Chapter 8 of the City Ordinances
Regarding Food Establishments. Voting in favor: Mayor Nyquist, Councilmembers
Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed
unanimously.
ORDINANCE NO. 83 -2
Member Celia Scott introduced the following ordinance and moved its adoption:
AN ORDINANCE ANlR DING CHAPTER 8 OF THE CITY ORDINANCES REGARDING FOOD
ESTABLIS=J TS
The motion for the adoption of the foregoing ordinance was duly seconded by member
Bill Haines, 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.
The City Nanager introduced An Ordinance Amending Chapter 23 of the City Ordinances
Regarding License Fees for Food Fstabl.ishments and explained that the ordinance
amendment would establish the fee schedule for food establishments with and without
2 -28 -83 -11-
i
an approved quality assurance plan. He noted the ordinance was first read on
January 24, 1983, published on February 3, 1983, and is recommended this evening for
a second reading.
Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ord i_nance
Amending Chapter 23 of the City Ordinances Regarding License Fees for Food
Establishments. Ile inquired if there wras 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 Theis and seconded by Councilmember Lhotka to
close the public hearing on An Ordinance Amending Chapte r 23 • f the City Ordinances
Regarding License Fees for Food Establishments. Voting in favor: Mayor Nyquist,
Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The
motion passed unanimously.
I
ORDINANCE NO. 83 -3
Member Bill Hawes introduced the following ordinance and moved its adoption:
AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING LICENSE FEES FOR
FOOD ESTABLISHMENTS
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, 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.
The City Manager introduced An Ordinance Amending Chapter 35 of the City Ordinances
Classifying Certain Land as Being Within the C1 Zoning District. He explained the
property addressed by this ordinance is the T?orthport Clinic property and the
property located south,%Test of the intersection of Xerxes and Shingle Creek Parkway.
He. added that the ordinance is offered for a first reading this evening and it is
recommended a public hearing on the ordinance be scheduled for March 28, 1983 at 8:00
p.m.
There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to
approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances
Classifying Certain Land as Being Within the Cl Zoning District, and setting the
public hearing date on the ordinance for 8:00 p.m. on March 28, 1983. Voting in
favor Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting
against: none. The motion passed unanimously.
The City Manager introduced An Ordinance Vacating Fremont Avenue North and 62nd
Avenue North to F.A.I. 94. He explained that the ordinance provides for the
vacation of public interest for Fremont Avenue North through Brookwood Addition,
the Housing Redevelopment Project Area. Ile stated the ordinance is offered for a
first reading this evening and it is recommended a public hearing on the ordinance be
scheduled for 8:00 p.m. on April 11, 1983.
There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to
approve for first reading An Ordinance Vacating Fremont Avenue North from 62nd
Avenue North to F. A. I. 94 and establishing, the public hearing date for the ordinance
for 8:00 p.m. on April 11, 1983.
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i
r
RESOLUTIOTIS (CO1TTITWT,)
I,UTI '10. 83 -40 �
Member. Rich Theis introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING WORK PERFORMED UNDER SHINGLE CREEK PARKWAY IT4PROV MENT
PROJECT NO. 1979 -06 ?
The motion for the adoption of the foregoing resolution was duly seconded by member
ka d upon to being taken thereon the followin
Gene Lhot an vo g voted in favor
p g
Theis; and
r. TI uist Gene Lhotka Celia Scott Bill Hawes .
he eof • Dean Ge
t y9. > and Rich
the following voted against the same: none, whereupon said resolution was declared
duly passed and adopted.
The City Manager introduced a Resolution Approving Agreement No. 61382 With the
Minnesota Department of Transportation and Authorizing Execution Thereof. He
explained the agreement provides for the City to reimburse 1 /DOT for the costs of
adjusting manholes and gate valves on the Brooklyn Boulevard resurfacing project.
Councilmember Lhotka requested clarification of item 3 on page five of the
agreement. The Director of Public Works explained that reimbursement for
mobilization costs is a standard item on state contracts. He explained
mobilization cost is the cost of moving equipment to the site. He added that the
state felt it would be better to pay the contractor through a lump sum in this area,
as opposed City Manager added that
osed to paying for the cost in the unit prices The 1
pP p y g p y �
mobilization is a bid item in the project.
Councilmember Theis commented on the language on page four of the agreement with
respect to the state having the exclusive right to determine whether the agency work
has been satisfactorily performed by the state's contractor. He inquired if there
was anything favorable to the City in the agreement The Director of Public Works
explained that there are not many items in the agreement favorable to the City, and
that it is with great reluctance the staff recommends approval.
RESOLUTION NO. 83 -41
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION APPROVING AGRFZMIT NO. 61382 WITH THE MINNESOTA DEPARTMENT OF
TRANSPORTATION AND AUTHORIZING EXECUTION THEREOF
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
followin g voted against the same: none whereupon said resolution was declared
duly passed and adopted.
The City Manager introduced. a Resolution Approving Agreement for Exchange of Lands
�4 between T.H. Q 1 5 2 and T.H.
with the Minnesota Department of Transportation along I -
100. He explained that in 1974 the City Council adopted Resolution No. 74 -144
providing for a complex series of land exchanges between the City and MNAOT. In
effect, he explained the agreement contemplated by the resolution provided that in
exchange for the taking of City properties at the northerly edge of Central Park,
MN /DOT would return to the City some surplus right of way, which lies west of Central
Park between the private properties fronting on the north side of 65th Avenue and the
noise wall. He proceeded to review the specific land exchanges contemplated by the
agreement.
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i
RESOLUTION NO. 83 -
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION APPROVING AGRTIi T FOR F CHANGE OF LAtvDS WITH TI-1E P'III T?FSOTA D7PARTME12TT
OF TRANSPORTATION ALONG I -94 BETWF1 1 T.H. 152 AND SHINGLE CFti� PARKWAY
The motion for the adoption of the foregoing resolution was duly seconded by membr
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.
DISCUSSION ITEMS
A. TERNATI� TO PRESENT ANIMAL CONTROL CONTRACT
The City Manager explained that at the time the current contract with MAPSI was
executed, the City had already been looking at alternatives to animal control. He
explained that if the Council approves the concept proposed by the City staff, the
City would contract with Dr. Funk of Brooklyn Park for kenneling and care service,
provide the animal control services in— house, and cancel the existing MAPSI
contract.
Councilmember Theis inquired what percentage of dogs are picked up by the police
department as opposed to MAPSI. The City Manager explained that there are no
percentage breakdowns of this information but there are usually one to two dogs per
weekend which have been picked up by police department employees.
Councilmember Lhotka inquired whether a special vehicle would be required to make
the change to this program. The City Manager explained that the existing c9..nine car
would be used for this purpose and would be rotated to this position when the new cars
are brought in. He added that possibly a small pickup could be added in the future
and pointed out that this would help with the public relations aspect of the code
enforcement officers in that they are now mistaken for Brooklyn Center police
officers. He also added that apart time code enforcement officer would be added to
compensate for the loss of patrol hours if the DL PSI contract is canceled.
Councilmember Hawes inquired as to the experience of the code enforcement officers
in handling of dangerous animals. The City Manager explained that the CEO IS have
been trained in animal control and that they have equipment, such as the long poles
and nooses used to apprehend animals. He pointed out that the City's police
officers are also trained in this area.
Councilmember Theis asked that if the City adds additional equipment how much the
cost increase would be. The City Manager explained that no vehicle would be added
and that the pickup, if it were added in the future, would be kept for several years
which would eliminate the necessity of rotating a squad car to the CEO' S. He added
that the problem of using squad cars for the CEO'.S and animal control is the
identification of the CEO'S versus police officers and the messes created by the
dogs in the squad cars.
Councilmember Lhotka inquired whether the new program would be a test situation for
the remainder of the year. He expressed a concern about the possibility of adding
equipment and manpower. The City f "anager explained that the Council could review
the program again at budget time and decide whether the program was an efficient use
of equipment and manpower.
2 -28 -83 -14-
There was a motion by Councilmember ICY otka and seconded by Councilmember Theis to
approve the staff recommendations regarding the City's Animal. Control Program with
the condition that the program be reviewed when the Council reviews the annual City
budget. Voting in favor: Kayor l yquist, Councilmembers Lhotka, Scott, Hawes, and
Theis. Voting against: none. The motion passed unanimously.
GAMB LING TIC?
!' ere was a motion by Councilmember Lhotka and seconded by Councilmember Theis to
approve the application for a Class B gambling license submitted by the Knights of
Columbus. Voting in favor: Mayor11yquist, 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
waive the $10,000 fidelity bond for the Class B gambling license for the Knights of
Columbus. Voting in favor: i'layor 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
approve the application for a Class A gambling license submitted by Northport
Parents Group. Voting in favor: Flayor Nyquist, Councilmembers Lhotka, Scott,
Hawes, and Theis. Voting against: none. The motion passed unanimously.
There was a motion by Councilmiember Hawes and seconded by Councilmember Scott to
waive the $10,000 fidelity bond for the Class A gambling license for Northport
Parents Group. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott,
Hawes, and Theis. Voting against: none. The motion passed unanimously.
AD NI lUE T
There was a motion by Councilmember Hawes and seconded by Councilmember Lhotka to
adjourn the meeting. Voting in favor: Ilayor TIyquist, Councilmembers Lhotka,
Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously.
The Brooklyn Center City Council adjourned at 9 :50 p.m.
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e Mayor
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