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HomeMy WebLinkAbout1983 03-14 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN IN THE STATE OF MINNESOTA REGULAR SESSION MARCH 14, 1983 CITY HAhL CALL TO ORDER the Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:06 p.m. ROLL CALL TEa or7ean Nyquist, Councilmembers Gene Lhotka:, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, Assistant City Engineer Jim Grube, and Administrative Assistants Brad Hoffman, and Tom Bublitz. OPEN FORT-m2 Mayor NYQUist noted he had received a request from Mr. Ed Dilley, 6845 North York Place to use the Open Forum session this evening. Mayor Nyquist recognized Mr. Dilley who stated that he was upset over the proposed condemnation of land in the area of his townhouse, and that because of the condemnation of land the utilities in his development would have to be moved and the roads resurfaced. He stated he was disturbed that the negotiations have been going on with Mr. Sheehy and the City regarding the condemnation The City. Manager stated that it was his understanding that Mr. Sheehy is the owner of record for the property Mr. Dilley is referring to, and that he would defer to the City Attorney who has been involved with the negotiations with Mr. Sheehy. The City Attorney explained that the title was reviewed and that the county records show that Sheehy Construction was the owner of the property. Mr. Dilley stated that he was concerned over the road realignment and who would be responsible for relocating the utilities. Mr. Dilley stated that he was upset that he and the other owners in the townhouse development had not been contacted regarding the plans for the roadway realignment. The City Attorney commented that apparently Mr. Dilley was under the belief that the Homeowners Association owns the property in question., but that since the development was not completed, the developer would normally retain control over the property until the majority of the property was developed In response to a question from Councilmember Lhotka, the Director of Public Works explained that the item in question concerns realignment of Shingle Creek and 69th Avenue in the area of their intersection. He explained that, in conversations with the Assistant City Engineer, Mr. Dilley was told that the project does not now have a specific schedule for construction but that acquisition of the necessary right of way would necessarily come before any construction program could be established. He added that at this time he sees no need to relocate utilities servicing the existing townhouses, although he added, the roadway realignment may affect the vacant lots in the development depending on how the builder wants to develop the lots. 3 -14 -83 -1- The Director of Planning & Inspection stated that Mr. Rod Bernu has filed a site plan application for the area, and that the staff has told Mr. Bernu that the staff would not process the application unless he allowed for the roadway realignment in the site plan. As a result, he pointed out that Mr. Bernu and Mr. Sheehy spoke with the Homeowners Association concerning the roadway realignment and the site plan. The Assistant City Engineer commented that he remembers talking to Mr. Dilley's wife and stating that specific plans for the roadway realignment are yet to be developed. He added that he discussed the acquisition of right of way with Mr. Dilley's wife and explained that this was an immediate action. Councilmember Scott inquired whether the City held a public hearing on this item. The City Manager explained that no formal notice was issued but a meeting was held and people from the neighborhood did attend. He added that the City did reserve right of way in the Earle Brown Farm Estates Townhouse Development for the roadway realignment. Councilmember Theis stated that he recalls that the roadway realignment was discussed during consideration of the Earle Brown Farm Townhouses Development. He added that the Council passed action giving the authority to staff to contact the proper state agencies regarding the roadway realignment affect on the Palmer Lake nature area. The 'Director of Public Works commented that he is sure the Council record will also show that the staff was given authorization to proceed with acquisition of right of way for the project. Mr. Dilley stated that he did not appreciate the fact that he was not notified of the project. Councilmember Theis requested the staff to set up a meeting with Mr. Dilley and review the plans for the roadway realignment. Mayor Nyquist explained to Mr. Dilley that the staff will meet with him and other interested members of the Homeowners Association to discuss the roadway plans. Mr. Dilley explained that he would be at the Planning Commission meeting on Thursday evening anyway, and that the staff could review the plans with him that evening. Mayor Nyquist commented on the tragic drowning which took place in Shingle Creek on Friday. He added that apparently the only positive aspect of the situation was that the emergency services performed very well. He added that he had received calls from City residents inquiring whether anything could be done. He asked the City ° Manager to review the situation concerning what has been done to minimize the risk of any possible future incidents. s The City Manager reviewed the construction of Central Park with regard to minimizing the risk of problems with the creek. He commented on a number of items with regard to educating young children with regard to the hazards of venturing onto thin ice and water safety in general. a CONSENT AGENDA Mayor Nyquist inquired if any of the Council members requested any items removed from the Consent Agenda. No Council members requested any items removed from the Consent Agenda. x APPROVAL OF MINUTES - FEBRUARY 28, 1983 There was a motion by Cociimember Lhotka and seconded by Councilmember Scott to un approve the minutes of the City Council meeting of February 28, 1983 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Ilhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 3 -14 -8g -2 LICIN S There was a motion by Counc.ilmember Lhotka and seconded by Councilmember Scott to approve the following list of licenses: CIGARETTE LICENSE ARA Services 2830 N. Fairview Northwestern Bell 5910 Shingle Cr., Pkwy. FOOD ESTABLISHMENT LICENSE Brooklyn Center Community Center 6301 Shingle Cr. Pkwy. GASOLINE SERVICE STATION LICENSE Northwestern Bell 6540 Shingle Cr. Pkwy. ITINERANT FOOD ESTABLISHMENT LICENSE B.C. Jaycee Women 5900 Humboldt Ave. N. Evergreen Park Elementary APT 7200 Dupont Ave. N. MECHANICAL SYSTEM'S LICENSE A -abc Appliance & Heating, Inc. 611 W. Lake St. Air Comfort, Inc. 3944 Louisiana Circle All Season Comfort, Inc. 55 Mound Ave. C.O. Carlson Air Conditioning Co. 709 Bradford Ave. N. Frank's Heating & Air Cond. 3107 California St. N.E. Golden Valley Heating & Air Cond. 5182 W. Braodway Hutton & Rowe 717 VanBuren St. Kraemer Heating 6151 Yucca Cricle Lakeland Sheet Metal, Inc. Rte 2, Box 273 Marsh Heating & Air Cond_ 6248 Lakeland Ave N. Midwest Heating & Air Cond. 9809 Valley Forge Ln. Modern Heat' t N.E. Heating & 'r 8 t N i Ai Cond. 231 is S g Royalton Heating & Cooling Co. 4120 85th Ave. N. SBS Mechanical, Inc. 7160 Madison Ave. W. Standard Heating & Air Cond. 410 W. Lake St. Thompson Air Conditioning 5115 Hanson Court Ray Welter Heating Co. 4637 Chicago Ave. Fred Vogt & Co. 3260 Gorham Ave Yale, Inc. 3012 Clinton Ave. S. NONPERISHABLE VENDING MACHINE LICENSE ARA Services 2830 N. Fairview Northwestern Bell 5910 Shingle Cr. Pkwy. PERISHABLE VENDING MACHINE LICENSE ARA Services 2830 N. Fairview Northwestern Bell 5910 Shingle Cr. Pkwy. SPECIAL FOOD HANDLING LICENSE LaBelle's 5925 Earle Brown Dr. Weight Loss Med. Center 6040 Earle Brown Dr. - 14-8 3 3 -3- 3 Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none.. The motion passed unanimously. MAYOR'S PROCLAMATION FOR MS. MASAMI IIDA, Mayor yqu — ist pr esenteTa proclaamamati n Masami Iida of Osaka, Japan► declaring her to be an honorary citizen of the City of Brooklyn Center. He explained that Masami, the Brooklyn Center Rotary Club's foreign exchange student, has been an asset to the City of Brooklyn Center and Brooklyn Center High School where she has been enrolled for the past year. He expressed a personal interest in Masami since she spent five months with the Mayor's family. Ms. Iida explained to the Council and members of the audience that she will miss everyone and that she hopes to come again and visit. PRESENTATION OF AWARD TO CITY COUNCIL FROM MINNESOTA NATIONAL WATER SKI TEAM Mr. Hank Longo, representing the Minnesota T�ational Water Ski Team, presented a plaque to the City Council which expressed thanks for allowing the water ski team to ski on Twin Lake. He explained that the Minnesota team set a new state record and came in second in the Midwest competition. He added that the team also set a world stunt record in Brooklyn Center and then again in Cyprus Gardens, Florida. PUBLIC HEARING REGARDING THE DESIGNATION OF A HOUSING DEVELOPMENT PROJECT PURSUANT T LTZ''ESOTA STATUTE , SECT "1 TT 4 2 .411 El . S . , THE TL'ItJNI IPAL USIN & REDEYE PT AZ 57 ESTTB_T2_M U_ T i5F_ NTCR ''TENT FINANCMG DI STR CT PURSUANT TO MII��TdESOTA S"1 ATUTES, SECTION 273.71 TO 273.78 INCLUSIVE, THE TAX INURE , ?T�'II�'\1 IN The City Manager explained that since the contract between the City and the developer has not yet been finalized, he recommended opening the public hearing and continuing it until March 28, 1983. Mayor Nyquist opened the meeting for the purpose of a Public Hearing Regarding the Designation of a Housing Development Project, Pursuant to Minnesota Statutes, Section 462.411_ et. seq., the Municipal Housing & 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. No one appeared to speak at the public hearing and the Mayor entertained a motion to continue the public hearing until I -larch 28, 1 983. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to continue the Public Hearing Regarding the Designation of a Housing Development Project, Pursuant to Minnesota Statutes, Section 462.411 et seq., the Municipal Housing & 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 until the regularly scheduled Council meeting on March 28, 1983 PLANNI COMMIISSION IT34S PLANTIIIG CCI'iISSION APPLICATION TTO. 83003 S'ITBTZTTTED BY THE CITY 7 OF BROO CFSITER 17 7 i 1 t US l J? Ery / ^ ill`��l l�fll �VV. The City Manager explained Planning Commission Application No 83003 was tabled at the Commission's January 27, 1983 meeting and referred to the Southeast 3 -14 -83 -4- s Neighborhood Advisory Group for review and comment. He added that the Planning Commission recommended an amendment to the comprehensive plan through Planning Commission Resolution No. 83 -1 and approval of the rezoning through Planning Commission Resolution No. 83-2 at its March 3, 1983 meeting. The Director of Planning & Inspection presented and reviewed for Council members pages 3 through 5 of the minutes of the January 27, 1983 Planning Commission meeting and pages 1 through 9 of the March 3, 1983 Planning Commission meeting minutes. He also reviewed the Planning Commission information sheets prepared for the application. The Director of Planning & Inspection then reviewed for Council i members Planning Commission Resolutions No. 83-1 and 83-2. The Director of Planning & Inspection proceeded to review the location of the subject parcel and noted that the existing zoning on the parcel is R3. He explained the application is requesting that approximately one/half of the land be rezoned to R6. He next reviewed a transparency of the preliminary plat of the area and reviewed the zoning lines on the plat. The Director of Planning & Inspection explained that, at its January 27, 1983 meeting, the Planning Commission reviewed a letter from Mr. Brad Hoffman regarding the rezoning request. He reviewed the letter for Council members and noted the letter referred to a market study done under the City auspices which showed a need for elderly housing in the City. He added that the City's Comprehensive Plan also indicates a need for elderly housing. With regard to the subject parcel, the Director of Planning& Inspection explained that much of the land was owned by the Minnesota Department of Transportation, and that the City Council had authorized condemnation proceedings to acquire the property. He reviewed the Comprehensive Plan Amendment proposed in conjunction with Planning Commission Application No. 83003fand also the proposed Council resolutions including a Resolution Amending City Council Resolution No. 82 -55, and a Resolution Regarding the Disposition of Planning Commission Application No. 83003• PLANNING COMMISSION APPLICATION NO. 83005 EMITTED BY BROOKLYN CENTER HOUSING AND REDEVELOPMENT AUTHORITY FOR PRELIMINARY PLAT APPROVAL TO SUBDIVIDE INTO THREE LOTS AND DEDICATE RIGHT -OF -WAY FOR NORTH LILACDRIVE ROM THE LAND AT THE EAST QUADRANT OF I -94 AND HIGHWAY 100. The Director of Planning & Inspection reviewed for Council members the proposed preliminary plat and also the site plan prepared for Planning Commission Application No. 83004. He explained that the project was comprised of three major areas: Building B, a 65 unit three story plus rental building, Building A, a five story 73 unit condominium, and 32 townhouses. He reviewed the parking plans for each phase of the development. He noted that handicapped units will be available in both Buildings A and B, and the townhouses. He added that Homeowners Association' would be created in both the townhouse development and the condominium building. He explained the Associations' would be separate. The Director of Planning & inspection presented and reviewed for Council members pages 6 through 8 of the March 3, 1983 Planning Commission meeting minutes, and the conditions of approval recommended by the Planning Commission for Application Nos. 83005 and 83004. Councilmember Lhotka asked what the distinction was between a condominium association and a townhouse association. The City Manager explained that a 3 -14 -83 -5- condominium association uses an as built survey and there is only a single lot for all the units, whereas, a townhouse development shows individual lots. The City Attorney commented that there really is not a great deal of difference in the two ,associations but that they are different ways of describing real estate. The Director of Planning & Inspection explained the townhouse development will be similar to the condominium arrangement, in that owners won't actually own the land, but it will be controlled by the condominium association. He added that this is why the lots and blocks are not being proposed in conjunction with the application. In response to Councilmember Ihotka's request for further clarification, the architect for the project stated that, for financing purposes, the condominium documents were necessary for Building A, and that legally these documents are not much different for townhouse developments and are required for financing under FHA mortgages. He added that the developer chose to go with the same division for the townhouses as for the condominiums. He added that the developer is going through one division of HUD for Building A, and that it was beneficial to continue with the same governmental body for the townhouses. The Director of Planning & Inspection presented and reviewed for Council members pages 8 and 9 of the March 3, 1983 Planning Commission minutes regarding the recommended findings of the Planning Commission concerning the elderly development to be financed by tax increment financing. Councilmember I,hotka asked the staff to comment on how the findings will-be implemented. The City Manager explained that the City will go as far as possible with regard to enforcing the conditions to the extent the FHA requirements will allow. Councilmember I,hotka then asked how the elderly qualifying for the project in Brooklyn Center will become informed in an understandable way. Administrative Assistant Hoffman explained that the City will do a number of things, noting that one which has already been accomplished is the collecting of names of people interested in the project. He noted 280 names have been collected so far. In addition to the list of names, he stated that the direct mailings will be sent to people applying for senior citizen sewer rates. The City Manager stated that he believes most of the people the staff has talked to regarding the project are quite knowledgeable with regard to the living arrangement presented by this type of a project. Councilmember ILhotka asked when the project will be marketed. Administrative Assistant Hoffman stated that it is still proposed for the first part of May of this year. Mayor Nyqust recognized Mr. Phil Cohen who stated that the developer has suggested that when the project is ready to market, an open house could be held at Earle Brown School for the people on the waiting list and in the general neighborhood to give them an opportunity to review the plans. Mayor Nyquist opened the meeting for the purpose of a public hearing on a Resolution Amending City Council Resolution No. 82 -255 (Comprehensive Plan Relative to R3 Zoned band at the Southeast Quadrant of I -94 and T.H. 100. 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 Theis and seconded by Councilmember Scott to close the public hearing on a Resolution Amending City Council Resolution No 82 -255 3 -14-83 -E� (Comprehensive Plan) Relative to R3 Zoned Land at the Southeast Quadtant of I -94 and T.H. 100. Voting in favor Mayor Nyquist, Council-members Lhotka, Scott, Hawes,_ and Theis. Voting against: none. The motion passed unanimously. RESOLUTION N0. 83 - e Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AMENDING CITY COUNCIL RESOLUTION NO. 82 -255 (COMPREHENSIVE PLAN) - RELATIVE TO R3 ZONED LAND AT THE SOUTHEAST QUADRANT OF I -94 AND T.H. 100 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. Mayor Nyquist opened the meeting for the purpose of a public hearing on a Resolution Regarding the Disposition of Planning Commission Application No. 83003 Submitted by the City of Brooklyn Center. He inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained amotion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Theis'to close the public hearing on a Resolution Regarding the Disposition of Planning Commission Application No. 83003 Submitted by the City of Brooklyn Center. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO. 83 -44 M ember Gene IhotYa introduced the following resolution and moved its adoption: RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 83003 SUBMITTED BY THE CITY OP BROOKLYN CENTER 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. PLANNING COMMISSION APPLICATION N0. 83004 SUBMITTED BY BLUMENTALS ARCHITECTURE FOR SITE AND BUILDING PLAN APPROVAL FOR A THREE -PART HOUSING DEVELOPMENT, INCLUDING 65 REDTTAL tmIIT IGJS,, 73 CONDOFIINIUMS, ANA 32 TO I USES AT THE UTHEA UAD�ANT OF -94 i�v_' AY -C — The City Manager explained Application No. 83004 was tabled on January 27, 1883 and was recommended for approval at the March 3,1983 Planning Commission meeting. The City Council reviewed architectural renderings of the project presented by the project architect. 3 -14 -83 -7- The Director of Public Works reviewed the planned traffic circulation in the project area and the plan to develop Lilac Drive to a two- -lane street. The plans included an interruption of Lilac Drive at Fremont which would be composed of a physical barrier which would restrict traffic to neighborhood traffic, thereby, reducing the through traffic. He proceeded to review the traffic forecast for traffic related to the project. The Director of Public Works reviewed discussions of traffic considerations held during neighborhood meetings in the project area. He noted that the staff conclusion was that keeping the volume of traffic on 62nd will best served by making Lilac Drive a two -way. He noted the comments of one of the residents in the area, Mr. Curtis Ward, 6131 Fmerson Avenue North, who expressed a concern regarding traffic volumes and proposed traffic patterns on the Lilac Drive -62nd Avenue segment, and that he believes traffic volumes on 62nd Avenue will increase because of the plans for Lilac Drive to become a taro -way street. Mayor Nyquist recognized Mr. Jim Zemberg, 6114 Girard Avenue North, who expressed appreciation to Mr. Phil Cohen and the City taff for the tremendous job the tY J y have done with regard to the housing project. He added that he believes the project will be an asset to the City. I ACTION ON PLANNING COMMISSION APPLICATION NO. 83044 There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Application No. 83004 subject to the following conditions: I. Building plans are subject to review and approval by the building official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to issuance of permits, 3. A site performance agreement and supporting financial- guarantee (in 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. Building A and Building B are to be equipped with an automatic fire extinguishing system to meet 1 Standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. B612 curb and gutter shall be provided around all. parking and driving areas. 8. Building permits for Buildings A and B are subject to - completion of the rezoning process (description of the land in the Zoning Ordinance) and filing of the plat at Hennepin County. 3 -14 -83 -8- i g. Plan approval acknowledges proof -of- parking for 40 spaces on Lot 2 (Building A) and 38 spaces on Lot 1 ( Building B) . These parking stalls shall be installed if the City determines that installed parking spaces are insufficient to meet demand. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none The motion passed unanimously. ACTION ON PLANNING COMMISSION APPLICATION NO. 83005 Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 83005. 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 Lhotka to close the public hearing on Planning Commission Application No. 83005. 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 Hawes to approve Planning Commission Application No. 83005 subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Condominium association documents for Lots 2 and 3 are subject to review and approval by the City Attorney. 4. The Brooklyn Center Housing and Redevelopment Authority shall enter into a contract with the developer stipulating condominium form of ownership for Lots 2 and 3 prior to final plat approval. 5. Fremont Avenue North right -of -way shall be legally vacated by the City prior to final plat approval. 6. The preliminary plat shall be modified to indicate appropriate utility easements in accordance with the City's site utility plan prior to final plat approval. 7. Building permits shall not be issued until the final plat has been filed at the County. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against none. The motion passed unanimously. Mayor Nyquist recognized Dr. Duane Orn who stated that he was the Chairman of the Citizens Committee which put the project together and included C.E.A.P. and the Chamber of Commerce. He added that he would like to thank the Council for their time i 3 -I4 -83 -9- and energies, and also the staff, including the Director of Public Works, City Manager, and Administrative Assistant Hoffman. He also thanked Mr. Phil Cohen and the Planning Commission for their role in the project. He added that he thinks it will be a good project and a great addition to the City. RECESS fihe Center City Council recessed at 9:07 p.m. and reconvened at 9:23 p.m. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES CLASSIFYING CERTAIN LAND AS BEING WITHIN THE R3 AND 6 OONING DISTRICT There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve for first reading An Ordinance Amending Chapter 35 Regarding the Zoning Classification of Certain Land. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against: none. The motion passed. Councilmember Theis returned to the table at 9:24 P.M. The Director of Planning & Inspection stated that the ordinance would be again brought back to the City Council for a second reading when all the required documents had been prepared. RESOLUTIONS The City Manager introduced a Resolution Receiving City Engineer's Report Establishing Brookwood Development Improvement Projects Nos. 1983 -04 and 1983 -05 and Sidewalk Improvement Project No. 1983 -06, Approving Plans and Specifications and Ordering Advertisement for Bids (Contract 1983 -E). Councilmember Hawes noted a correction in the resolution and explained that the $444,000 stated in the resolution should total $463,690. The Assistant City Engineer explained that the engineer's report is correct and the figure should be $463,690• RESOLUTION NO 83-45 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RECEIVING CITY ENGINEER'S REPORT, ESTABLISHING BROOKWOOD DEVELOPMENT IMPROV=T PROJECTS NOS. 1983 -04 AND 1983 -05 AND SIDEWALK IMPROVEMENT PROJECT NO. 1983 -06, APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS (CONTRACT 1983 -E) 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, Dill Hawes, and Rich Theis; and the following voted against the same: none, wnereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Authorizing Submission of the City of Brooklyn Center Community Development Program to Hennepin County for Consideration as Part of the Urban Hennepin County Community Development Block Grant Application, in Accord with the Housing and Community Development Act of 1974, as Amended. Councilmember Scott inquired who would be administering the program regarding the purchase and rehabilitation of homes. Administrative Assistant Hoffman stated that he hoped the Housing CommissionT� ill pursue this project. Councilmember Scott 3 -14 -83 -30- then asked whether there was any possibility of using Vo-Tech students to do the actual rehabilitation work. Administrative Assistant Hoffman commented that this would be an interesting concept and that essentially the City is acting as the general contractor in the rehabilitation work, and that this could be a good approach and worth investigating as a means to accomplish the program. He added that the purchase of the home would have to be approved by the City Council. Councilmember Theis expressed a concern over who would provide the expertise in doing the rehabilitation work if the Vo-Tech were not available. The City Planager replied that it would not be feasible for staff to do this type of work, and that it would be necessary to use some type of professional assistance to do the actual remodeling design and rehabilitation. He added that he would like to make the P J housing project work since it would solve some. of the o g p roblems in the City and would help to maintain a good housing stock. He added that numerous items must be explored before the project can get underway. RESOLUTION NO. 83 -46 em er ill troduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING SUBMISSION OF THE CITY OF BROOKLYN CENTER COMMUNITY DEVELOPMENT PROGRAM TO HENNEPIN COUNTY FOR CONSIDERATION AS PART OF THE URBAN H NNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION, IN ACCORD WITH THE HOUSING AND C014MMITY DEVELOPMENT ACT OF 1974, AS AMENDED The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Authorizing the Return of $65,000 in Community Development Grant Funds to Hennepin Urban County. He explained that in year VII of the Community Development Block Grant Program the City allocated $65,000 for the future construction of a senior citizen center, and since that time the local area office of HUD has made a determination that the proposed project does not benefit low and moderate income people, and is therefore, ineligible. Councilmember Lhotka inquired whether the money could be used for other projects. Administrative Assistant Hoffman commented that it is difficult to make use of community development funds on worthwhile projects partly due to the HUD regulations. There was a general consensus among Council members to return the money to HUD with the recommendation that the money not be spent elsewhere on other HUD projects. RESOLUTION NO. 83 -47 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE RETURN OF $65,000 IN COMMUNITY DEVELOPMENT GRANT FUNDS TO HENNEPIN URBAN COUNTY 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. 3 -14 -83 -11- The City Manager introduced a Resolution Regarding Disposition of Planning Commission Application No. 83001 and a Resolution Authorizing Execution of an Agreement with Howe, Inc. Regarding Acquisition and Use of Excess Highway Right -Of Way. Councilmember Theis asked the City Attorney whether he was satisfied with the agreement. The City Attorney commented that he believed it was a good agreement between the City and Howe, Inc. Mayor Nyquist inquired whether Mr. nom Howe was satisfied with the agreement. Mr. Howe replied that he was satisfied with the agreement. RESOLUTION NO. 83-48 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DENYING THE APPEAL OF HOWE, INC. 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 duly passed and adopted. RESOLUTION NO. 83 -49 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT REGARDING THE USE OF EXCESS MN /DOT RIGHT-OF-WAY BY HOWE, INC. The moton 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 Approving Portions of Classification List "663 -NC". The Director of Public Works reviewed the location of outlot 1 , Sunnybrook Terrace for the City Council, and described the parcel and explained that it was not a buildable site. He also reviewed the second lot which was lot 5, block 3, Elsens City View second addition, and explained that the public sale of the parcel is being recommended. Councilmember Theis commented that the lot in E"lsens City View addition may be difficult to build on due to poor soil conditions. RESOLUTION NO. 83-50 Member Gene hhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING A PORTION OF CLASSIFICATION LIST "663 -NC" FOR PRIVATE SALE The motion for the adoption of the foregoing resolution lNns duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: _ 3 -14 -83 -12- Dean Ryquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 83 -51 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING A PORTION OF CLASSIFICATION LIST 11 663 -NC" FOR PUBLIC SALE 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 Approving Preliminary Layout Plan for the Improvement of T.H. 252 from the Junction of T.H. 694 to the North Corporate Limits and a Resolution Requesting MN /DOT to Incorporate Certain Design Features into the Construction Plans for the Improvement of T.H. 252 from the Junction of T.H. 694 to the North Corporate Limits. The Director of Public Works reviewed the preliminary layout plan for T.H. 252 development. He explained the state is asking the City for approval and that the process is a two -step process, first action by the City Council to approve the preliminary plan, and second, a request to MN /DOT to include certain design features in the plan. He explained the staff recommendations are to approve the general layout and then to be very specific in what the City wants in the construction plan. The Director of Public Works reviewed the staff recommendations regarding design features for the T.H. 252 construction. Councilmember Lhotka suggested adding sidewalks into the request submitted to MN /DOT. The Director of Public Works stated that it would be unlikely that MN /DOT would include sidewalks in the construction program but that they could be added to the request. RESOLUTION NO. 83 -52 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION APPROVING PRELIMINARY LAYOUT PLAN FOR THE IMPROVEMENT T.H. 252 FROM THE JUNCTION OF T.H. 694 TO THE NORTH CORPORATE LIMITS 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 Tbyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: _ Gene Lhotka, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 83 -53 Member Celia Scott introduced the following resolution and moved its adoption with the stipulation that the resolution be amended to include sidewalks in the designed I 3 -14-83 -13- -: features requested of MN/ DOT for T.H. 252 improvements. The motion was seconded by I Councilmember Hawes. RESOLUTION REQUESTING THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO INCORPORATE CERTAIN DESIGN FEATURES INTO THE CONSTRUCTION PLANS FOR THE IMPROVEMENT OF T.H. 252 FROM THE JUNCTION OF T.H 694 T O THE NORTH CORPORATE LIMITS 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 Wised and adopted. PERMIT FOR USE OF EXPLOSIVES IN BROOKLYN CENTER BY LAYNE MINNESOTA COMPANY There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the permit for the use of explosives in Brooklyn Center by Layne Minnesota Company with the following conditions: 1. The permit is issued to Layne Minnesota Company for use in the development of Brooklyn Center Water Supply Well No. 9 only I and is nontransferable. 2. Only qualified and licensed personnel will be authorized to undertake blasting operations. 3. Blasting operations shall be limited to the hours of 9: 30 a.m. to 5:00 p.m. Monday through Friday. No blasting operations will be permitted on Saturday or Sunday. 4• Use of blasting materials to aid in drilling the well through soil formations overlying the aquifer is prohibited. 5. The maximum shot size for any single detenation shall be 10 i lbs. 6. Layne Minnesota Company shall notify the Brooklyn Center City Engineer and Chief of Police 24 hours in advance of all blasting operations. 7• Layne Minnesota Company shall notify all residences within 200 feet, 24 hours in advance of all blasting operations. 8. Storage of blasting materials on the site is prohibited. 9. Layne Minnesota Company shall comply with all applicable federal, state, and local codes governing the handling and use of explosives. 10. Authorization to discharge explosives in the City of Brooklyn Center granted under this permit shall expire December 31, 1983. Voting in favor: Mayor Nyquist, Council-members Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion a.ssed unanimously. g x � _ y 3 -14 -83 -14- ORDINANCES AN ORDIP1ANCE AMENDING CHAPTER 35 OF THE CITY ORDINANC ESTABLISHING FLOOD PLAIN USE IT FEE -- -- There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances Establishing Flood Plain Use Permit Fees, and to set the public hearing date on the ordinance for April 11, 1983 at 8:00 p.m. Voting in favor: Mayor Nyquist, Council-members Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. AN ORDINANCE ADOPTING BY REFERENCE THE NORTHWEST SUBURBS JOINT CABLE COMMUNICATIONS ;1 v E, PR PENALTIES FOR V O1S - PR VAT G MIF AND ENFORCEMENT NT AND PERIODIC REVIEW There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve for first reading An Ordinance Adopting by Reference the Northwest Suburbs Joint Cable Communications Ordinance: Prescribing Penalties for Violation: Providing for Administration and Enforcement and Periodic Review and to set the date for public hearing on the ordinance for 8:00 p.m. on April 11, 1983. Voting in favor:. Mayor Nyquist, Council-members Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. DISCUSSION ITEMS 3ESS WEEK - . MARCH 20 TO MARCH 26, 1983 The City Manager reviewed amemorandum from the Chief of Police regarding Tornado Preparedness Week and explained that the Governor of Minnesota will proclaim the week beginning the 20th of March running through the 26th as Tornado Preparedness Week, and that a state wide tornado drill will be initiated at 1 :10 p.m., Wednesday, March 23, 1983 as a part of the preparedness week. He noted that the drill will not be as extensive an exercise as the one carried out by the City two years ago. He suggested that perhaps the newer Council members might want to review the City's emergency preparedness plan in more detail with the City Manager and Chief of Police. POLICE DEPARTMENT TV SECURITY SYSTEM The City Manager reviewed a memorandum from Administrative Assistant Hoffman regarding the Police Department TV Security System. He explained that on February 10th of this year bid proposals were opened for a proposed closed circuit television system for the police department, and that the bid proposals ranged from a low of $4,052 to a high of $7 He added that the proposals were reviewed by W.H. Montgomery, the City's Consultant, and it was recommended the low bid of Hoffman Electric be rejected because it did not meet the specifications of the bid. Additionally, he pointed out, a proposal from Security Products in the amount of $4,182 was also rejected because it did not meet the specifications of the bid. He stated that the staff recommendation is that the proposal of Alpha Video & Audio in the amount of $4,218 be accepted. He pointed out that the proposal of Alpha Video & Audio is the lowest quote meeting the requirements of the bid specifications. He added that the original estimate for the project was $10,000. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to accept the quote of Alpha Video & Audio in the amount- of $4,218 for the closed circuit television security system and the police department and noting that the bid of Alpha Video & Audio was the lowest bid meeting the bid specifications. - Voting in favor: Mayor Nyquist, C ouncilmembers Lhotka Scott Hawes and Theis. Voting aY : � against: none. The motion sed unanimously. 1 •y 3 -14 -83 -15- e LICENSE FEE SCHEDULE Councilmember Theis inquired wi_en the last time the City's'fee schedule Vas adjusted. The Director of Planning& Inspection noted that the planning fees were adjusted in 1981 and that the remainder of City license fees were reviewed in 1976• Councilmember Theis commented that it is probably me to take a look at the City's � P �-y license fees again, ADJOLTMvMT There was a motion by Councilmember Lhotka 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 :30 p.m. w `r Mayor y I �3-14 -83 -16-