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HomeMy WebLinkAbout1982 06-14 CCM Regular Session k MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE.COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION k JUNE 14, 1982 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:05 p.m. F ROLL CALL Mayor Dean 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, City Assessor Pete Koole, and Administrative Assistants Brad Hoffman and Tom Bublitz. INVOCATION The invocation was offered by Pastor Dana Hofseth of the Brooklyn Center Baptist Church. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session this evening. He inquired of the audience if there was anyone present who wished to address the Council. There being none, he proceeded with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any of the Council members desired any items removed from the Consent Agenda. Councilmember Lhotka requested that items 13i, j, 1, and p be removed from the Consent Agenda. APPROVAL OF MINUTES - MAY 24, 1982 There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the minutes of the City Council meeting of May 24, 1982 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. SUBDIVISION BOND RELEASE GARCELON SECOND ADDITION There was a motion by Councilmember Hawes and seconded by Councilmember Theis to authorize the release of the subdivision bond, in the amount of $6,450, for Garcelon Second Addition located at Camden Avenue and 56th Avenue. Voting in favor:, Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PERFORMANCE BOND RELEASES There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the performance bond release for Hotline Realty (Moorwood Townhouses), 58th and Shores Drive, in the amount of $4,000. Voting in.favor: Mayor Nyquist, 6 -14 -82 -1- Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion. by Councilmember Hawes and seconded by Councilmember Theis to approve the performance bond release for Cass Screw, 4748 France Avenue North, in the amount of $3,000. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the release of the performance bond for Northbrook Estates, 58th and Logan .Avenue North, in the amount of $3,000. Voting in favor: Mayor Nyquist, Council- members Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed 'unanimously. COMMUNITY EDUCATION AND SERVICES ADVISORY COUNCIL - SCHOOL DISTRICT #281 There was a motion by Councilmember Hawes and seconded by Councilmember Theis to support the appointment of Ms. Patricia Hoyt Neils and Mr. Dan Donohue as repre entatives to the Community Education and Services Advisory Council for Independent School District #281. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. APPOINTMENT OF DIRECTORS TO NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION There was a motion by Councilmember Hawes and seconded by Councilmember Theis to appoint Councilmember Celia Scott and City Manager Gerald Splinter as the City of Brooklyn Center's Directors on the Northwest Suburbs Cable Communications Commission to serve for a one year period commencing June 1, 1982. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 82 -108 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1981 -L (.CENTRAL PARK /GARDEN CITY PEDESTRIAN TRAIL IMPROVEMENT PROJECT NO. 1981 -15, EXERCISE STATION IMPROVE- MENT PROJECT NO. 1981 -25) 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. RESOLUTION NO. 82 -101 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1981 -G (SIDEWALK IMPROVEMENT PROJECT NO. 1981 -13, CURB AND GUTTER REPAIR PROJECT NO. 1981 -21: VARIOUS LOCATIONS) 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 6- 14-82 -2- f 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. RESOLUTION NO. 82 -102 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING CENTRAL PARK IMPROVEMENT PROJECT NO. 1982 -12 (ATHLETIC r FIELD FENCING CONSTRUCTION), APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS (CONTRACT 1982 -E) 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 . and the following one whereupon Theis h ollow n voted against the same: none, on said resolution P g was declared duly passed and adopted. RESOLUTION NO. 82 -103 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING NEIGHBORHOOD PARKS IMPROVEMENT PROJECT NO. 1982 -13 (DRINKING FOUNTAIN INSTALLATION) APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS (CONTRACT 1982 -F) 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. RESOLUTION NO. 82 -104 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION Off' EASEMENTS FOR PEDESTRIAN/BICYCLE TRAILWAY The motion for the adoption of the foregoing resolution was duly seconded by member Rich This, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich w Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -105 Member Bill Hawes introduced the following resolution and moved its adoption:- - RESOLUTION DESIGNATING POLLING PLACES WITHIN THE CITY.OF 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. f 6 -14 -82 -3- RESOLUTION NO. 82 -106 Member Bill Hawes introduced the following resolution and moved its adoption: y RESOLUTION ORDERING THE ABATEMENT OF UNSANITARY, UNSAFE AND HAZARDOUS CONDITIONS EXISTING AT 6213 BEARD AVENUE NORTH IN THE CITY OF BROOKLYN CENTER SUCH THAT THIS DWELLING IS NOW UNFIT FOR HUMAN HABITATION 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. RESOLUTION NO. 82 --107 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT 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. LICENSES There was a motion by Councilmember.Hawes and seconded by Councilmember Theis to approve the following list of licenses: GAMBLING LICENSE St. Alphonsus Men's Club 7025 Halifax Ave. N. St. Alphonsus Rosary Altar 7025 Halifax Ave. N. MECHANICAL SYSTEM'S LICENSE Modern Heating & Air Conditioning 2318 First St. N.E... Quality Refrigeration, Inc. 1105 W. 78� St. NONPERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest 1189 Eagan Ind. Rd.` Evergreen Park Manor 7224 Camden Ave. N. Kar Win Auto 6846 Humboldt Ave. N. i { SIGN HANGER'S LICENSE Signcrafters Outdoor Display 7775 Main St. N.E. i SWIMMING POOL LICENSE Outdoor: Marvin Garden Townhouses 430 Oak Grove St. 6 -14 -82 -4- Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against. none.. The motion passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 82022 SUBMITTED BY BROOK PARK BAPTIST CHURCH FOR SITE PLAN APPROVAL TO PROVIDE SCREENING OF THE PARKING LOT AT 4801 - 63RD AVENUE NORTH The Director of Planning and Inspection presented and reviewed, for Councilmembers, pages 1 through 3 of the May 27, 1982 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No. 82022. He explained that the applicant is seeking an alternate parking lot screening device. He explained the church has recently resubmitted a plan for a parking lot with 70 parking stalls, which meets the ordinance requirement for a church with seating capacity of 210. He proceeded to review the location of the subject parcel and also the landscaping plan submitted with the application. He explained the Planning Commission recommended approval of Application No. 82022 at its May 27, 1982 meeting I subject to four conditions, which he reviewed for Councilmembers. He noted that a representative of the church is present this evening. There was a motion by Councilmember Scott, seconded by Councilmember Hawes to approve Application No. 82022 subject to the following conditions: 1. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 2. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements. 3. Any outside trash disposal facilities shall be appropriately screened from view. 4. B612 curb and gutter shall be provided around all parking and driving areas. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. CONTINUATION OF BOARD OF EQUALIZATION Mayor Nyquist noted that the City Council, serving as the Board of Review, had continued the Board of Equalization meeting from June 7, 1982 to this evening's meeting. The City Assessor reviewed the list of properties, and their respective assessments, which had been continued from the June 7, 1982 meeting. The City Assessor noted that there had been six cases which were continued from the June 7 meeting and he proceeded to review them on a case by case basis. The City Assessor reviewed Case No. 1, Mr. Donald A. Tinker, 3337 - -- -•49th Avenue North, PID No. 10- 118 -21 -13 -0017. The City Assessor explained that he had talked with Mr. Tinker a couple of times trying to set up a mutually agreeable time to discuss his concerns regarding his assessment. He explained that he has not been 6 -14 -82 -5- able to get together yet, but he has indicated to him that he would be glad to meet anytime. The City Assessor recommended that Mr. Tinker's value on his property at 333 _'49th Avenue North be upheld at $61,700 and that he would meet with him and if the City can recommend a lower value after the meeting, the City could support Mr. Tinker at the next level of appeal. The City Assessor reviewed Case No. 2, Mr. William F. Shutte, 6715, 17, 19, and 21 Humboldt Avenue North, PID No. 35- 119- 21 -11- 0007, 8, 9, 10. The City Assessor explained that Mr. Shutte was to contact him if he wanted to review his valuations ` further, and that as of this time Mr. Shutte has not contacted him for such a .meeting. He stated that he is recommending the values for Mr. Shutte's property be upheld at $126,700 for each parcel. The City Assessor reviewed Case No. 3, Mr. Kenneth Wutschke, 7226 Perry Court East, PID No. 28- 119 -21 -41 -0163. The City Assessor explained that he met with Mr. Wutschke on June 10, 1982 and reviewed with him all the properties to which he wished his value compared. He explained that after the meeting Mr. Wutschke indicated that he is satisfied with his valuation as established by the City. The City'Assessor' recommended that the value of Mr. Wutschke's property at 7226 Perry Court East be upheld at $77,100, The City Assessor proceeded to review Case Nos. 4, 5, and 6. He explained the property owner in the last three cases is Prudential Insurance Company of America, and that the properties are located at 1600 -1700 Freeway Boulevard, PID No. 35- 119 -21 -14 -0011, 6820 Shingle Creek Parkway, PID No. 35- 119 -21 -12 -0002, and 6840 Shingle Creek Parkway, PID No. 35- 119 -21 -21 -0003. He explained that he met with Mr. James E. Holter on June 9 and explained that Mr. Holter represents the Prudentia Insurance Company of America. The City Assessor explained that after his meeting with Mr. Holter, and as a result of new data supplied by Prudential, he is recom- mending that the Board of Review make some adjustments in the valuation of the properties owned by Prudential. He explained that the properties in question are owned by Prudential and are some of the older spec buildings in the Industrial Park. He explained that Mr. Holter's concern focused on the age of the buildings and because of this they are more expensive to maintain. He also explained that one of the buildings has an access problem, noting that the truck bay is located in the center of the building and presents an access problem for truck traffic. He stated he is recommending the value of the property at 1600'- 1700 Freeway Boulevard be reduced to $1,405,000; that the value of the property at 6820 Shingle Creek Parkway be reduced to $2,507,200; and that the value of the property at 6840 Shingle Creek Parkway be reduced to $2,048,800. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve the City Assessor's recommendations regarding the valuations of the properties in the above described cases and the City Assessor's recommendations contained in the minutes of the June 7, 1982 Board of Equalization meeting. voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. voting against: none. The motion passed unanimously. FINAL PLAT - HI CREST SQUARE ESTATES The City Manager explained that the City staff has not received from the developer all the information required to be submitted for final plat approval and that because of this the staff is not prepared to recommend approval of Hi Crest Square Estates at this time. He added the staff is recommending that the Council table considerat of this plat until the next meeting. 6 -14 -82 -6- There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to table consideration of the final plat of Hi Crest Square Estates to June 28, 1982 because the developer did not provide the information required for final plat approval. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS (CONTINUED The City Manager introduced a Resolution Directing Condemnation of Certain Interests in Land (easement for water main connection). The Director of Public Works reviewed the project for Councilmembers and recommended tabling the resolution because the f owners have indicated a willingness to work out a voluntary negotiation for the easement. He stated, however, that the staff could proceed with placing the project under contract and stop short of the property in question if negotiations are unsuccessful for the easement. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to j table consideration of a Resolution Directing Condemnation of Certain Interests in Land (easement for water main connection) to allow the staff to conduct voluntary negotiations for the easement. RESOLUTION NO. 82 -108 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (CENTRAL PARK WATER MAIN IMPROVEMENT PROJECT NO. 1982 -05, KYLAWN PARK WATER MAIN IMPROVEMENT PROJECT NO. 1982 -06; CONTRACT 1982 -D) 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 Ordering 51st Avenue North Water Main Improvement Project No. 1982 -07. The Director of Public Works explained that since the last City Council meeting he has met with Mr. Harstad regarding develop- ment of his property. He reviewed Mr. Harstad's letter for Councilmembers, noting that Mr. Harstad is requesting additional time to develop his proposal. The Director of Public Works stated the staff is recommending tabling consideration of the resolution for two more weeks. Discussion ensued among Councilmembers regarding the project and the necessary timing of a proposal from Mr. Harstad and his request for more time to develop his proposal for development. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to table consideration of a Resolution Ordering 51st Avenue North Improvement Project. No. 1982 -07 for two weeks at the request of the applicant, Mr. Keith T. Harstad. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 6 -14 -82 -7- RESOLUTION NO. 82 -109 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DECLARING CERTAIN CITY -OWNED PROPERTY AS SURPLUS, AUTHORIZING ITS RECONVEYANCE TO THE STATE OF MINNESOTA, AND APPROVING ITS CLASSIFICATION AS NON CONSERVATION LAND 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, , RESOLUTION NO. 82 -110 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION APPROVING PURCHASE AGREEMENT 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. The City Manager introduced a Resolution Directing Condemnation of Certain Interests in Land (for right of way required from the Melba Evanson property for the 69 -70th Avenue connection). The City Manager explained the City Assessor has contacted Ms. Evanson regarding the property and that he has been unable to negotiate for the required right of way. The City Manager stated that he is, therefore, request' authorization to proceed with condemnation. The City Attorney pointed out that the condemnation procedure involves filing a petition with the court and asking the court to appoint three disinterested commissioners to conduct the proceedings. He added that both sides are present during the proceedings and each can present their_ arguments. He explained that the City can appeal any award presented by the three commissioners and can request a jury trial. In such event, he pointed out, . the jury makes the final decision. He pointed out that the required time for such proceedings is approximately four months. Mayor Nyquist recognized Mr. Paul Rosso, who inquired whether any Environmental Impact Statement had been prepared for this project. The City Attorney pointed out that no Environmental Impact Statement is required for this project and that if anyone wished to pursue such a project, a petition with 500 signatures is required and, =must be presented to the Environmental Quality Board before any Environmental Impact Statement could be required, Mr. Rosso continued to discuss the proposed 69 -70th roadway project and make inquiries of the staff regarding the project. He requested a delay of the project for a year or so until questions regarding the project and the 252 highway project are answered. The Director of Public Works pointed out that MN /DOT requires planning information now so that planning for the design of 252 can proceed. The City Manager pointed 6 -14 -82 -8- w.. out that the final design of the project must be submitted to the State to allow the 252.plan to proceed on schedule. RESOLUTION NO. 82 -111 Member Gene Lhotka introduced the following resolution and moved its adoption: g RESOLUTION DIRECTING CONDEMNATION OF CERTAIN INTERESTS IN LAND (69TH - 70TH AVENUE CONNECTION) 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. RESOLUTION NO. 82 -112 Member Celia Scott introduced the following resolution and moved its adoption: i RESOLUTION APPROVING AGREEMENT NO. 1957 BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF BROOKLYN CENTER, PROVIDING FOR THE MAINTENA..ZE AND ELECTRIC ENERGY FOR STREET LIGHTING SYSTEMS OVER I -94 ON THE 53RD AVENUE AND 57TH AVENUE BRIDGES 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: Gene Lhotka, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Declaring Adequacy of Petition Establishing Project, Receiving City Engineer's Report, and Calling for Hearing on Improvement Project No. 1982 -14. The City Manager explained the City has received a petition from residents requesting the improvement of the alley between Dupont and Emerson Avenues from 53rd to 54th. The Director of Public Works reviewed the project location, the assessment district, and noted that 61% of the property owners owning 53% of the frontage in the project area have requested the project, and he is recommending that a public hearing be scheduled for the project. RESOLUTION NO. 82 -113 Member Celia Scott introduced the following resolution and moved its adoption; RESOLUTION DECLARING ADEQUACY OF PETITION, ESTABLISHING ALLEY IMPROVEMENT PROJECT NO. 1982 -14, RECEIVING ENGINEER'S REPORT, AND CALLING FOR A HEARING ON IMPROVEMENT' PROJECT NO. 1982 -14 (ALLEY PAVING BETWEEN DUPONT AND EMERSON AVENUES FROM 53RD TO 54TH AVENUES NORTH) 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. I 6 -14 -82 -9- RESOLUTION NO. 82 -114 e gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APF MINNESOTA LAW, 1982, CHAPTER 577, REGARDING HOME ENERGY CONSERVATION PR6dbWFOR THE CITY OF BROOKLYN CENTER. 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. RESOLUTION NO. 82 -115 .Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING MINNESOTA LAW, 1982, CHAPTER 577, REGARDING HOUSING INTEREST BUY DOWN PROGRAM FOR THE CITY OF 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. RESOLUTION NO. 82 -116 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1982 GENERAL FUND BUDGET AND THE 1982 EMPLOYEE POSITION AND CLASSIFICATION PLAN 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. RESOLUTION NO. 82 -117 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY MANAGER AND DESIGNATED STAFF TO WORK WITH THE BROOKLYN CENTER CRIME PREVENTION FUND ORGANIZATION 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. RECESS The Brooklyn Center City Council recessed at 8:15 p.m. and reconvened at 8:35 p.m.- DMCUSSION ITEMS 6 -14 -82 -10- i ' PCA OPERATOR'S PERMIT, HOWE FERTILIZER, INC. The City Manager stated rhat the Minnesota Pollution Control Agency is recommending the City Council's support of a draft operating permit for Howe, Inc He pointed out that the permit is being submitted to the City Council for review before it goes to the PCA Board for their consideration. The City Attorney pointed out that the old operating permit expired approximately two years ago, and that the findings of the lawsuit have been incorporated into the permit the Council has before them this evening. He pointed out that the City, during the two year period when the permit was expired, was exploring the use of monitoring systems during a portion of this period. The City Manager explained that the City is not permanently giving up its monitoring option but under this permit it would be giving it up for a two year period. He added that the PCA believes the emissions from Howe, Inca can be limited in frequency and intensity under this permit. Councilmember Scott stated that she supports the development of improved control over emissions and stated that, in her opinion, it is more useful than developing a monitoring device. She also pointed out that spring is apparently the busiest time for Howe, Inc. and, consequently, in the spring there are increased emissions from the plant. Mayor Nyquist recognized Mr. Tom Howe, who stated that the emissions are not an issue of overloading the equipment. He explained that in spring, temperature inversions are experienced but that the equipment runs the same all the time. He added that the temperature inversions and weather conditions create the problems. He stated that Howe shuts down at 4:30 p.m. on week and does not operate on weekends., as stipulated in the judge's order. He added that Howe does start earlier in the spring. Councilmember Lhotka inquired of the City Attorney whether he saw any problems with the draft operating permit. The City Attorney stated that he believes the permit is a good compromise,.but that he does think a monitoring device would be helpful in determining the intensity of the ammonia fumes. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to authorize the City staff to recommend the - Operating Permit For An Emission Facility And Air Pollution Control Equipment in accordance with Minnesota Statutes Chapters 115 and 116 and Minnesota Pollution Control Agency Rule APC3 for Howe, Inc., 4821 Xerxes Avenue North, Brooklyn Center, as drafted for approval by the PCA Board. FOLLOW -UP REPORT ON NONINTOXICATING LIQUOR LICENSE APPLICATION FOR SHOWBIZ PIZZA PLACE The City Manager reviewed the follow -up investigation involving the background of the newly designated manager at the ShowBiz Pizza Place. He added that the present manager meets all the requirements of the City ordinances and State Statutes. EXTENSION OF PEDESTRIAN /BICYCLE TRAIL SYSTEM ALONG SOUTH CORPORATE LIMITS (53RD AVENUE EXTENSION) PROVIDING TRAIL CONNECTION BETWEEN UPTON AVENUE AND LIONS PARK The Director of Public Works reviewed the Lions Park area and the existing trail and proposed trail extension. He explained the plan comprehends construction of a trailway extension along 53rd Avenue North between Lions Park and Upton Avenue.. 6 -14 -82 -11- in discussion of the project Councilmember Lhotka inquired whether a 70 foot bridge was necessary g across Shingle Creek. The Director of Public Works explained that the 70-foot span would accommodate the 100 year flood and that a smaller bridge would constrict the flow. The City Manager explained that the 70 foot bridge is what we now have on Shingle Creek in Central Park, and that the cost differential for a 50 foot bridge -is approximately $2,000 to $3,000 less. The Director of Public Works also reviewed the next discussion item, extension of Central Park /Garden City trail south of soccer field. He explained that this plan comprehends a plan which would complete the exercise trail loop along the westerly edge of Garden City Park, connect the exercise trail loop to the Brooklyn Drive /65th Avenue intersection, and extend the trail along the southerly and westerly edges of the soccer field area with another bridge crossing Shingle Creek and providing a connection to the main regional trail at the south edge of Central Park. The Director of Public Works reviewed funding sources available for the project. The City Council 6 continued to discuss the proposed trailway projects and amendments to the LAWCON and LCMR trailway projects. There was a motion by Councilmember Lhotka and seconded by 'Councilmember Theis to approve the extension of the pedestrian/bicycle trailway along 53rd Avenue North between Lions Park and Upton Avenue as an amendment to the LAWCON /LCMR Trailway II Project. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Theis. Voting against: Councilmember Hawes. The motion passed. j There was a motion by Councilmember Theis and seconded by Councilmember Scott to t approve the extension of the Central Park /Garden City trail south of the soccer field as amendment to the LAWCON /LCMR Central Park Trailway Project. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: Councilmember Lhotka. The motion passed. LIONS PARK TENNIS COURT CONSTRUCTION SCHEDULE The Director of Public Works explained that preliminary soil borings taken in the vicinity of the proposed tennis courts in Lions Park indicate that it will be necessary to excavate between two and one -half and eleven feet of undesirable soils and replace,them with,granular materials in order to construct the ,tennis court. He explained that it is recommended the soil correction work be done this year and that the construction of the courts begin next year. rr "inquired Councilmember Scott commented on the cost of the soil correction work and q whether °the court cou-ld "be located elsewhere. -The City 'Manager explained that the Park and Recreation Commission and the staff looked at alternatives for servicing this neighborhood, but that no other sites were recommended. He added that because of the,generallypoor soils in most of the City parks, this type of soil correction work is not unusual There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to. authorize the soil correction work necessary for the Lions Park tennis court construction, and that the soil correction work be conducted in 1982. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, and Theis. Voting against: Council - members Scott and Hawes. The motion passed. 6 -14 -82 -12- TRUNK HIGHWAY 252 DESIGN LAYOUT The Director of Public -works reviewed the T.H. 252 design layout as proposed by MN /DOT. He pointed out'that the layout shows the removal of the service road at 65th Avenue on the west side of 252. He added that the roadway may extend into the Super America property and that the Sinclair station would certainly be taken by the project. He continued to review the required removal of homes and apartments as 252 proceeds north. The Director of Public Works also reviewed the alternatives for the layout of 252 at 70th Avenue showing a fourway intersection and a "T" intersection at 70th. He added that both alternatives for 70th Avenue will be shown at the public hearing conducted by MN /DOT. The Director of Public Works requested City Council input regarding their preferences for the design of the 70th Avenue intersection with 252. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to recommend that a "T" intersection be constructed at 70th Avenue North at its intersection with T.H. 252. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The City Manager stated that he believes the City should be represented at the public hearing to be held on June 28, and that he is recommending either himself or the Director of Public Works attend that meeting. o GAMBLING LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve a Class B Gambling License for St. Alphonsus Catholic Church Men's Club and a Class A Gambling License for the Rosary Altar Society of St. Alphonsus Catholic Church. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to waive the $10,000 fidelity'bond for the Class B Gambling License for St. Alphonsus Catholic Church Men's Club and the $10,000 fidelity bond for the Class A Gambling License for the Rosary Altar Society of St. Alphonsus Catholic Church. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. 0 ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to adjourn the meeting. > Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:00 p.m. �/ �� ��----- '""CJ'.e`- �' Yr' '' rk Mayo 6 -14 -82 -13-