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HomeMy WebLinkAbout1982 08-23 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BRO r i AN CENTER IN THE COUNTY OI'' HT NNEPI:N AND TUE STATE OF MINNESOTA REGUIAR SESSION AUGUST 23, 1982 CITY HALL CA TO ORDE The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:02 p.m. PO LL CAL Mayor Dean Nyquist, Councilmembe.rs 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_ Holm:.und, Director of Planning & Inspection Ron. Warren, City Attorney Richard Schieffer, Assistant City Engineer jim Grube, Chief of Police Jim Lindsay, Director of Parks & Recreation Gene Hagel, and Administrative Assistants Brad Hoffman and Tom Bublitz. I .rhe invocation was offered by Councilmember Bill Hawes. OPEN FO RUM 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 pre-.sent who wished to address the Council.. There being none, he proceeded with the regular agenda items,. CON SENT AGENDA Mayor Nyquist inquired if any of the Counc.ilmembe.rs desired any .items removed from the Consent Agenda. The City Manager requested that item 8h be deferred to the next Council meeting in order to allow the contractor time to meet the specifications. Councilmember Lhotka requested that item 8g be removed from the Consent Agenda. P ERFOR MANC E BO RELEASE There was a motion by Councilme.�'i,. Scott and seconded by Councilmember Hawes to aut:hor_ize the release of the performance bond on Burger Bros., 5927 :John Martin Drive. RESOLUTIONS_ RE OLfiri' NO . 82 -1 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING CERTAIN TAX FORFEITED LAND IN THE CITY OF BROOKLYN CENTER TO BE USED FOR PUBLIC PURPOSES 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 i_ri 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. 8- 23 -82 _lm RESOLU N O. 82 -156 Meztiber Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING A PORTION OF CLASSIFICATION LIST 662 - NC The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted agai.nsL the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -157 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING SEPTEMBER 11 AS NATIONAL "LIFE." BE IN IT," FALL FESTIVAL. 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 -158 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION REQUESTING THE HONORABLE RUDY BOSCHWITZ AND THE HONORABLE DAVID DURENBURGER TO OPPOSE ENACTMENT BY THE UNITED STATES SENATE OF SENATE BILL 5.2172, THE CABLE TELE- COMMUNICATIONS ACT OF 1982 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. RESOLUTIO NO 82-159 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1982 --E (CENTRAL PARK ATHLETIC FIELD FENCING IMPROVEMENT) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Ilawo s to approve the following list of liCenSC-S: 8 -23-82 -2- CTGA PETTE LICENSE Theisen v ndinij 3804 Ni.collet Ave. S. Meriwethers 2101 Freeway Blvd. FO OD E STAB L S1 1 11 1, 1 ENT LIC1; r; ,1 Pizza. Factory 6816 Hur<<boldt Ave. N. GARBAGE AND REFU COL LECTION LICENSE Art Willman & Son 62 26th Ave. N. N ON PERI S H %BLE VENDI MACHI LICE NSE Mier_nik Vending _ 7258 Commerce Circle Marc's Budgetel 6415 James Circle PE. E VE MACHINE LICENSE Miernik Vending 7258 Commerce Circle Marc's budgetel 6415 James Circle RENTAL DWELLING LICENSE Initial: Bruce L. Johnson, Wayne A. Johnson, Robert Simone 5200 Howe Lane Renewal: Gale W. Pierce 5960 Brooklyn Blvd. Bertil G. Johnson 6107 Brooklyn Blvd.. Welcome Community Horse, Inc. 6451 Brooklyn Blvd.. Roland Scherber 5243 Ewing Ave. N. Howard Br.euninger 5401 Fremont Ave. N. Raymond & Anne Fritzke 5452 Fremont Ave. N. Elkhorn Partners 5612 Irving Ave. N. Alfred L. Hassler_ 5519, 23 Lyndale Ave. N. Deloris D. Hoy 5821 Lyndal.e Ave. N. Raymond & Grace Harr 6406 Scott Ave. N. Bernard &Margaret Gilvin 3901 61st Ave. N. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESO LUTIONS ( RESOLUTION NO. 82 -160 . Member Gene Lhotka introduced the following resolution and moved its adoption: .RESOLUTION TO TRANSFER FUNDS FROM THE GENERAL FUND TO THE CAPITAL PROJECTS FUND The motion for the adoption of the foregoing resolution was duly seconded by 8 -23 -82 -3- member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Genf: 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 Accepting Bid and Approving Contract for Contract 1982 -H. Councilmember Lhotka inquired why the low bid was not accepted on this project. The City Manager explained that the low bidder _in this instance did not provide a bid bond, which is an integral part of the bid. RESOLUTIO NO. 8 2-161 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOR CONTRACT 1982 -H (69- 70TH STREET, SANITARY SEWER, AND WATER MAIN IMPROVEMENTS, CONSTRUCTION OF EVERGREEN SOCCER FIELD, AND ALLEY IMPROVEMENT PROJECT BETWEEN DUPONT AND EMERSON AVENUES FROM 53RD AVENUE TO 54TH AVENUE) 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; o resolution a and the following voted against the same: none, whereupon said re lu was declared duly passed and adopted. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to table consideration of a Resolution Accepting Bid and Approving Cori for Contract 1982 -K (Fuel Dispensing Control System) until the next Council meeting ',. to allow the contractor time to meet the contract specifications. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The City Manager introduced a Resolution Establishing Central Park Improvement Project No. 1982 -24, Approving Plans and Specifications and Directing Advertisement for Bids (Contract 1982 -L). The City Manager reviewed the plans for the Central Park Improvement Project, including landscape plantings and comfort stations. Ile pointed out that the residents in the area are concerned with regard to screening of the southwest portion of the parking lot and have requested trees, rather than shrubs, as screening. Councilmember Lhotka expressed a concern over the number of proposed plantings P p P and pointed out that they appear to be quite expensive. The City Manager reviewed the grant applications for Central Park and explained that a grant became available after it had originally been denied. He explained the City was notified that LAWCON Funds were available due to the fact that another jurisdiction could not perform on their grant. He explained the grant would be a 50/50 split with regard to local match. i Councilmember. Lhotka again expressed his concern over the expense of the plantings and made a motion to not approve the resolution. The motion died for lack of a second. Councilmember Hawes commented that he believes Central Park is a number one priori 8 -23 -82 -4- and J- a c. fandi.nq : hGial.d be provided to complete the project. He added that he believes Central Park will be -1 . focal. point of the entire area. Council_member Scott stated she agrees with Coulicilmercber Hawes arid added that matching funds were part of the bond issue. Council.member.Theis stated that a great deal of plantings were included in the bond issue and that he would like to see the maximum use of the grant funds. Councilmember Lhotka stated that the price per tree has increased considerably, and that he is looking at the situation from the standpoint of where the money should be best spent. RESOLUT NO. 82 -162 2lember Bill. Hawes introduced the following resolution and moved its adoption: RESOLUTION ESTABLISFING CENTRAL PARK III "_PROVEMENT PROJECT NO. 1982-24, APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1982 -L) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean. Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: Gene Lhotka, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Establishing Palmer Lake-Basin Improve- ment Project No. 1982 -25, Approving Plans and Specifications, and Directing Advertisement for Bids (Contract 1982 -M) The City Manager stated that a meeting was held with residents of the Palmer Lake area who were concerned over the proposed trails along the southeast portion of the park. He proceeded to review the Palmer Lake Basin Improvement Project plans for Council members, including the alternate bids regarding the dredging of Palmer Lake. He pointed out that tree removal would be kept to a minimum under the project and he continued to review the trails, both existing and proposed. He noted • wood chip path is proposed along the north and -rest side of the wooded area and that • proposed alternate would be blacktop paths. The City Manager explained that the DNR has required detailed plans to be submitted to them before they approve any proposals for Palmer Lake Basin. He pointed out that many proposals in the plans this evening are subject to DNR approval. Discussion continued regarding the plans for the Palmer. Lake Basin. Several residents of the Palmer Lake area neighborhood were present at the meeting including Mr. Kipton Narbo, 6937 Oliver; Dan Eliff, 6931 Oliver; Barry, Brian, and Lorraine Lofquist, 6925 Oliver; Alan and Nancy Helfinstine, 6907 Oliver; and Howard and Harriet Oien, 6919 Oliver. Mr. Howard Oien expressed a concern over the location of the trail in the secluded area behind their homes, along Oliver, and also expressed a concern over the possible molestation of small children and rapes that could occur if the trail were built. He also expressed a concern over fires in the area, and stated that he would rather see the trail connect to 69th and avoid the secluded area. He added that lie is also concerned over the odor of the dredged spoils which would result from the dredging. A petition was presented to the City Council from residents in the area around Palmer Lake. The petition expressed opposition to the proposed trai'1s in the Palmer Lake Basin area. Council discussion continued regarding the proposed Palmer Lake Basin Improvement .Project, and Councilmembe.r Hawes inquired whether an observation point could be dead -ended before the trail enters the area that the residents are concerned about. The City Manager pointed out that there would be limited visibility from this area. Council discussion continued regarding the Palmer Lake Basin Improvement Project. The City Manager pointed out that if the project is approved this evening in its present form it will go out on bids. Counc.ilmember Lhotka commented that if the Council approves the project to go out on bids, the contract will have to be approved by the Council when the bids are returned. The City Manager stated that he would notify the residents of the area when the bids on the project are in. RESOLUT NO. 82 -163 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PALMER LAKE BASIN IMPROVEMENT PROJECT NO. 1982 725 APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1982 -M) 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. PUBLIC HEA ON SPECIAL ASSESSMENTS FO I PROJECT NO. 1982 -02 (XERXES ]0 AVENUE, 56 AVENUE R ECO N STRUCTION) The City Manager pointed out that the contractor completed the project one month ahead of schedule. The Director of Public works reviewed the project costs pointing out that the estimated cost was $415,050 and the adtual cost was $298,171.52. He proceeded to review the assessment zones in the project and pointed out that notices'of the proposed assessments and of this hearing have been sent to the owners of all benefited properties, and that notice of the hearing has also been published in the official newspaper. He added that no written correspondence has been received with regard to the assessments. Mayor Nyquist opened the meeting for the purpose of a public hearing on Special Assessments for Improvement Project No. 1982-02. He inquired if there was anyone present who wished to speak at the public hearing. No one appeared to spear, and he entertained a motion to close the public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to close the public hearing on Special Assessments for Improvement Project No. 1982 -02. Voting in favor: Mayor Nyquist, Councilmombers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RPSO LU 1 2IO N NO. 82 --16 M _ ember Gene Lhotka introduced the following resolution and moved its adoption: 8- 23 - -82 -6- RE,SOi,UTTONT ADOPTINIG ASSESSMENT OF 1 11 K,, PI..O,,I:;CT ISO. 1982--02 (XERXES AVENUE, 55TH !' LVEN :iE, 56TIT AVI SUE Ri?� O dS`i ;CJCTTCiti) The motion for the adoption o. f for( resolution was duly seconded by mem -ber Celia Scott, and upon vote being ta',-.en thereon, the following voted in favor thereof: Dean Nyquist, Gene L,1iOt. }ca, Ce],ia Scott, I3ill Hawes, and Rich Theis; and the following voted again , ;t the same: none, whereupon said resolution was declared duly passed and adopted. P LANNING CO! SSIO _I_T_Ei PLANNI C _11SSI APPL NO 82030 SUBM BY M REYES FOR A V F' ROI✓i S EC.T T01i 35-400 OL�' THE ZO v T - 1 G C t2DIr Ai.C TO ALL OW A TWO CAR GAR AGE TO BE SET B 25 'F ROM :'.I1E I ROAN :i' PROPERTY L THE AT ` =70 CAM AV NORRTH, THAN TH E NORM 3 �� - ~ � The Director of Planning & `inspection pointed out that the applicant had contacted the City Manager's office and requested tabling action of the application this evening due to a family concerti calling the applicant out of town. There was a motion by Councilmember 1.1hotka and seconded by Councilmember Hawes to table consideration of Planning Commission Application No. 82030 to the September 13, 1982 City Council meeting at the request of the applicant. Voting in favor: Mayor Nyquist, Councilmeinbers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PL ANNING COMMISSION APPLICATION N 82 033 _ SUB B ADV ANCE CARTER C OMPANY REQ UE S TING AN AMENDED SP ECIFL USE�PERMIT APPROVAL TO EXPAND THE E XISTING RECREATION CENTER A 1 280 BROOKDALE SHOPPING CEN The Director of Planning & Inspection presented and reviewed for Council members pages 4 and 5 of the August 12, 1982 Planning Commission minutes and also the Planning Commission information sheet prepared for Application No. 82033. He also reviewed the proposed project location and pointed out that he reviewed the proposal with the Chief of Police, and explained there, were no major enforce- ment problems at the Piccadilly Circus and that the management has been cooperative with the police department. He noted that the Planning Commission's concern was over the outside exit and that the applicant assured the Planning Commission it would be used for emergency purposes only. He noted the Planning Commission held a public hearing on the application and that they recommended approval subject to three conditions which he reviewed for Council members. Councilmember Scott inquired whether any additional employees would be put on due to the expansion. The applicant stated that we have the number of employees necessary to handle any problems and pointed out the number would be one or two or possible three if necessary. He explained that there is always someone on duty. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 82033. 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. 8 -7- There was a :notion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Application No. 82033. 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 approve Application No. 82033 subject to the following conditions: 1. The special use permit shall be :issued to the applicant as operator of the facility and is nontransferable. 2. The special use is subject to all applicable codes, ordinances and regulations, including Section 23 -2115 and violation thereof shall be grounds for revocation. 3. House rules and hours of local curfew regulations shall be clearly posted in the establishment and rigorously enforced. Voting in favor: Mayor Nyqui.st, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:47 p.m. and reconvened at 9:05 p.m. PLA NN I NG COMMISSION APP NO. 8 SUBMITTED BY HU SSMAN INVESTM CO A S A - RE _T REZ FR OM R.l TO R3 T WO PA RCELS OF LAND ON THE SOUTH SIDE IN THE 800 B LOCK. OF 70 TH AVENUE NORTH. PL ANN I NG COMMISSION APP NO 8 2031 AND 820_3_2_ SUBMITTED B Y HUSS INVEST COMPANY FOR SI AND BUILDING PLAN AND PRELIMTNAR P LAT APPROV F OR AN EIGH - UNIT TO WNHOUSE PROJECT O TH SO UTH SID _ OF 7 0TH A V - -- E The Director of Planning & Inspection presented and reviewed for Council members IF pages 5 through 8 of the August 12, 1982 Planning Commission minutes and also the Planning Commission information sheets prepared for Application Nos. 82020, 82031, and 82032. He explained that on August 12, 1982 the Planning Commission reviewed the plat for the project and passed Planning Co mission Resolutions No. 82 -3, titled "Resolution Regarding Recommended Disposition of Application No. 82020" submitted by Hussman Investment Company. He explained the Planning Commission's concern was over the landscaping plan contained in the site and building plan and added that the landscaping plan has not yet been submitted because the architect has been out of town. Mr. Russell Fier_st and Mr. James Merila, representing the applicant, requested that the preliminary plat and rezoning be considered this evening, and that the site and building plan could be laid over until the landscaping plan is completed. The Director of Planning & Inspection reviewed the preliminary plat and explained that the applicant has submitLed the r"julred Homeowners Association documents, and that they have been forwarded to the City Attorney. He added that at the April Planning Commission meeting a number of the abutting property owners objected to the zoning but that at the neighborhood meetings a i1Ui?lber of the objections were alleviated. He explained Mrs. Melba Evanson and Mr. Paul Rosso have submitted, in writing, a number of letters objecting to the rezoning. 8- -23 -82 . -8-- Council discussion coit.inued regarding tho applications and the Director of Planning In spe.cti.on revi F?wod the r.pl .catzan of appioval of the prelivii.nary plat without apF-)roving the sit^ and building p3 an. II explained the applicant cannot obtain building p errn_i.ts until a site and plan is approved and the rezoning is accomplished. He explained the prelim i plat provides the basic layouts for the townhouses and that it meets the setbact requirements as submitted. He explained the por_t;_on of the site and bu ?.1.cling plan that has not been accomplished is the submission of the landscaping plan and the required buffer. The Director of Planning & Inspecti_on noted the Planning Corirn _scion he-10. a public hearing on a rezoning and preliminary plat at its August: 12, 1982 meeting. Councilmezaher Lhotka stated he would li.ke to handle all the applications at the same time. The City attorney commented that the City Council could hold the public hearing on the application this evening. Mayor Nyquist. o ened the meetin f .r i of a public hearing on i ion y p o_ �_hv purpose pub c ear g Appl. cat No. 82020. Mayor Nyquist recognized Mr. Paul Rosso who stated that since April 9, 1981, he has presented i.nformatien to the Planning Commission on this rezoning. Mr. Rosso proceeded to review Minnesota Supreme Court rulings on rezoning cases. Mayor Nyquist recognized Mrs. Melba Evanson who requested Mr. warren to repeat the. information on her property. The Director of Planning &Inspection stated that the City's Comprehensive Plan calls for a change in zone from Rl to mid-density R3 for Mrs. Evanson's property. Mr. Paul Rosso then commented that the northeast neighbor - hood policy statement stated that the northeast neighborhood is predominantly single family. The Director of Planning & Inspection stated that the northeast policy statement is a carry -over from the 1960 Comprehensive Plan and that Planning Commission Resolution No. 82--3 notes that it is not inconsistent with higher density development. Mayor Nyquist recognized representatives of the applicant, Mr. Jim Merila and Mr. Russell Fierst. Mr_. Merila and Mr. Fierst stated that they would request action on the rezoning and preliminary plat this eventing, and that a two week delay would get into a critical time with the winter frost coming on. Mayor Nyquist informed Mr. Merila and Mr. Fierst that the Council was considering the rezoning application and that their comments were not pertinent to the current public hearing. Mr. Fierst then stated that he would request the Council to approve the rezoning from R1 to R3. Mayor Nyquist recognized Mrs. Melba Evanson who stated that she was opposed to the rezoning application. Mayor Nyquist then inquired if there was anyone else who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. These was a motion by Councilmember. Scott and seconded by Councilmember Hawes to close the public hearing on Application No. 82020. Voting in favor, Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against. none. The motion passed unanimously. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Coimiiissi.on Application No. 82032 and inquired if there was anyone present who wished 8 •- 23 82 -c)- to speak at the public hearing. No one appeared to speak and lie entertained a motion to close the public hearing. There was a motion by Councilmei;aber Lhotka and seconded by Councilmember Theis to close the public hearing on Planning Commission Application No. 82032. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. Councilmember Lhotka commented that he would like to handle all the applications in one Council meeting. Councilmember Hawes stated that he believes the Council could act on the rezoning and preliminary plat application this evening. Council- member Scott .stated that she agree with Councilmember Hawes' suggestion. Councilmember Theis stated that he would feel more comfortable in handling all the applications in one meeting. The City Manager pointed out that he is recommending the Council meet on August 30, 1982 to address several items, including the convening of the special executive session. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to set the next Council meeting date, including the special executive session, for August 30, 1982 at 7 :00 p.m. 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 table consideration of Planning Commission Application Nos. 82020, 82031, and 82032 until Monday, August 30, 1982 to allow the applicant time to submit the required landscaping plan for the project. Voting in favor: Mayor Nyquist, Council members Lhotka, Scott, and Theis. Voting against: Councilmember Hawes. Tile motion passed. R (CONTINUE RE NO. 82 -165 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR HEARING ON PROPOSED ASSESSMENTS ON SEPTEMBER 13, 1982 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 Theis P b - �3 , g favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hanes, and Rich Theis and the following voted against the same:: none, whereupon said resolution was declared duly passed and. adopted. RESOL UTION NO 82-166 Mr -_mber Celia Scott introduced the following resolution - and moved its adoption: RESOLUTION APPROVING ADOPTION AGREEIENT FOR THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST DENTAL INSURANCE PLAN The motion for the adoption of the foregoing resolution was duly seconded by member Gen c vo Gene Lhotka, and 'up }n v.�te. being taken therein, the following ro _ _d a n favor thereof: Dean NVCxni_st, Gene Lhotka; Celia Scott, Bi11 Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 8-- 23-82 - There was a motion by Councilmember Their and seconded. by Coun.cilnember Lhotka to table consideration of a Resolution Pagard:i ng Disposition of Planning Commission Application No. 22020 submitte=d by Hu ;man Investment. Company until August 30, 1982 to allow time for the applicant w submit the required landscaping plan in conjunction with the site and building plan for the application. Voting in favor_: Mayor Nyquist, Council.m <embers Lhotica, 2cott, Hawes, and Theis. Voting against: none. The motion passed unaniwou.l_y.' DISCUS ITEMS PROPOSE DE PLA FO M U N ICIPAL SE!XICE GAR SITE The City Manager referred council members to a report from the Director of Public Works titled "Development Plan for Municipal Service Garage Site." The City Manager pointed out that the plan modified previous plans for the site in that rather_ than maintain a heated space, the storage area would be a cold storage area. He added that no action is required at this time but the item has been brought to the Council for discussion purposes. He stated he believes the plan will provide better coordination of work: sites and would consolidate storage.. Councilmember Theis expressed a concern over the wall surrounding the storage area and inquired if there were any other locations using this type of arrangement. He added that he was concerned that heavy equipment, such as a front loader, may damage the wall. The Director of Public Works stated that St. Louis Park has been using reinforced concrete bins, and that the City of Fridley also has heavy timber reinforced storage bins. Councilmember Theis expressed a concern and reservation about outside storage. The Director of Planning & Inspection stated that the Planning Commission felt the need for changes with regard to outside storage, and that they also felt the City should set an example for proper screening. The City Manager stated the staff will proceed with the Planning Commission's concerns regarding the rezoning aspect for outside storage and will return to the City Council with a specific financing plan for the project. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to authorize the City staff to develop the plan for the municipal service garage site and pursue the concept with the Planning Commission. Voting in favor: Mayor Nyquist, Counci.lmembers Lhotka, Scott, and Hawes. Voting against: none. The motion passed. Councilmember Theis abstained from the vote. NORTH CROSSTOWN CONSULTING AG RE E ME N T A FINANCING Mayor Nyquist recognized Mr. Todd Gabr.i.elson, from the Chamber of Commerce Economic Development Committee, who stated that the Chamber does support the construction of the 610 North Crosstown and that the business community has pledged $2,500 towards the financing of the consultant. He asked the Council to support the project and that he believes the North Crosstown will benefit Brooklyn Center. In response to a question from the Council, he pointed out the consultant will cost approximately $4,000 per month. The City Manager stated that he understands the lobbyist will be used not just to lobby for the 610 Crosstown but to also return other highway funds back to Minnesota .from the general pool they are now in. He added that the North Crosstown project is the number one priority, however. 8 -23 782 -11- Councilmember Hawes stated that he doesn't agree that the North Crosstown will enhance the retail market in Brooklyn Center or will improve local service truck accessibility. The City Manager stated that the 694 bridge is a bottleneck for many service trucks, such as NSP, and other businesses located in the City's warehouse area. He added that the North Crosstown bridge could provide an alternate route for these vehicles. lie added that 60 of the traffic on the 694 bridge has a 3 to 5 mile destination either side of the bridge. In response to a question from Councilmember Theis, the City Manager noted that the project will be appropriated in phases and that the first phase is the right of way designation, the second is the design phase, and the third is the construction phase. He added that the phases would be accomplished over a period -of years. Mayor Nyquist recognized Ms. Lonni McCauley, Executive Vice - President of the Chamber of Commerce, who stated that the Chamber does not view the financing of the lobbyist as a long term commitment, and that she believes the bridge will be a benefit to Brooklyn Center. Councilmember Scott stated that she has no problem with offering a one time contribution but riot at the level requested, adding that she would like to commit nothing over $1,000. Councilmember Theis stated that the business community appears willing to support the project and that he would like to support them, and suggested that perhaps the City could match the business community's contribution to a certain level. There was a motion by Councilmember Scott and seconded by Councilmember Theis to contribute $1,000 to the cost of retaining a consultant to promote the development of the North Crosstown bridge. In discussion of the motion, Councilmember Lhotka stated that he believes the project is a waste of dollars. Councilmember Theis stated that, rather than contribute $1,000 now, he would like to snatch the business community as they come up with their funding. The City Manager explained that the City Council could set a cutoff date for the contribution and stated that the contribution would bce up to $1,000 in matching the business community's contribution. He added that the expenditure would be authorized from the City's contingency fund. Councilmember Lhotka inquired whether the motion could be amended to state that the contribution would be a one time only contribution. Counci.lmembe.r Scott stated she would amend her motion by specifying that the City would contribute up to $1,000 to match the Brooklyn Center business community's contribution to the hiring of a lobbyist for the North Crosstown bridge for funds contributed by December 30, 1982, and that further_, the contribution would be a one time only contribution. Councilmember Hawes, as seconder of the motion, accepted the amendment. Voting in favor. Mayor Nyquist, Councilmerobers Scott, HaTvies, and Theis. Voting against: Councilmerd_)er Lhotka. The .notion passed. _EAR.LE BROWN P_A P LAT The City Manager pointed out that there are certain abstract problems delaying the 8- 23--82 -12- Earle Drown F arm Project.. iie a tl.at a po t.:ion of the project c;o,, >r_ehends remodeling the inside of the cp.je t huu';(' wJl' ch `, ^It z moved in from another location and the closing in of the windows on the porcli area. He added that the porch was part of the horse ex "A, r c. s,..te and was not- moved in. lie added that the field hoiisQ was mov&l in long sid�� tti:o parch area and that the project would complete the attachment from the to the porch area. He added lie is recommending deferring the remodeling but would allowing the screening in of the porch arena. He pointed out the exterior of thu building was undergoing remodeling and that this was delayed while the plat was ly ing filed. The abstract problems, he pointed out, were confronted c•,hi.le in the platting process. He added that the request is now to complete the cricl_osing of the small portion of the porch. The Director of Planning & Inspection pointed out that the only thing holding the project up is a plat which establishes the historic area, which has not yet been filed. He added that no building permit can be issued until this plat is filed. The City Manager added it appeals the r. of the area is occurring and that he believes a good faith effort is being made, and he would recommend to proceed with the project. There was a motion by Councilmenther Hawes and seconded by Councilmember Scott to amend the site and building plan for the Earle Brown Farm to allow the enclosing of the porch area on the main house. Mayor Nyquist stated that he is concerned about the special request prior to the filing of a plat. Councilmember Lhotka then inquired whether the Council could attach a condition that if the project is to proceed with the original remodeling, the project would have to return to the City Council. The City Attorney pointed out that if the applicant comes back with expanded plans for remodeling, they would have to return to the City Council. Mayor_ Nyquist called for a vote on the motion on the floor. Voting in favors Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. NON L IQU OR LICE APPLICAT F THE P IZ Z A FACTORY The City Manager referred Council members, to a memorandum and investigation resume for the nonintoxicating liquor license application for the Pizza Factory. He explained that the applicant is present this evening to answer questions of the Council. Mayor Nyquist recognize -d the applicants, Paul and Elizabeth Aish. Mr. Aish stated that,he does riot want to s.ell beer and pointed out that his wife and himself do not drink, but that he feels he needs a license to compete in the pizza business. He also expressed a concern over the investigation report and that he believes the information i.s distorted. lie. added that he is also licensed and bonded and sells insurance in the state of Minnesota. He pointed out that some of what it is in the investigation report is true, pointing out that he did operate a ;football pool in Montana, but he added that he dial not hunt without a licenses as, the state indicated, but that he had applied for a license before he was a resident. Mayor Nyquist requested Mr. Aish to refer to specific items in the report which were not true. Mr. Aish stated that on page four of the report he pointed out that the Deputy Sheriff told him that someone else started the fire in Dean O's B -23 -82 -13- Steak Hollse on Highway 12 in Minnehatha County in South Dakota. Mr. Aish also recounted another incident: reported in the investigation report regarding his apprehension at a Holiday gas station in Brooklyn Park. He pointed out that Judge Levine reprimanded the Brooklyn Park . police and the county attorney in the case, and that the charges against him were dropped in this instance. Mayor Nyquist inquired whether Mr. Aish could specify what percentage of the report was correct and which was incorrect. Mr. Aish stated that he believed 500 of the report was incorrect. He pointed out that on the bottom of page two in the report, the dog referred to belonged to a Mr. Burgoyne and not to him. In reference to page five of the investigation, Mr. Aish stated that the person who started the fire at Dean O's Steak House later committed suicide. He stated that Mr. Burns would not have information since he is with the city police department and not with the county sheriff's office. Council-member Lhotka left the table at 11:25 p.m. Chief of Police Lindsay stated that the applicant applied for the noni_ntoxicating liquor license only three weeks ago, and that the police department has not had an opportunity to verify much of the information that was provided by various law enforcement agencies. Councilmember Lhotka returned to the table at 11:26 p.m. Chief Lindsay added that the police department does not have enough information at this time to recommend approval of the application. Chief Lindsay stated that the police department could send an investigator to Montana, but no fee is charged in this instance to fund the investigation. Council - member Theis inquired whether the applicant could pay the fees. The City Attorney explained _ lained the a agree to that. Tha City Manager stated that the pplicant could g eves the repo staff ff li report reflects information we have received and that officers be reflec.. have only accepted what was given them by other law enforcement agencies. The City Attorney stated he would recommend that, because the information is so incomplete the Council should take no action ,ecause there is not enough information. There was a motion by Councilmember 1_ctka and seconded by Counccilmember Scott to table consideration of the nonintoxicatng liquor 1.icense for the Pizza Factory until September 13 in order to obtain adequate information on what the applicant. has stated and to verify or deny the statements made in the investigation report. Voting in favor, Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. Mayor Nyquist inquired of the applicant whether he would share the cost of the investigation. Mr. Aish replied that most of his money was now tied up in the business. RE (C CNTINU ED ) The City Manager introduced a Resolution Authorizing the Housing and Redevelopment Authority in and for the City of P_rookl.7n Center to Utilize the Power of Eminent Domain .in the- Acquisition of Certain Real Pr I. for the Use as a Housing Develop ment Project. Admi.nistrativca Hoffman rsvted that the rep,olutwon would authorize the HRA to utilize the power of emminent domain. He added that he is continuing 8 -23 -82 -14 -- negotiations with the deveioper for the project, and he is hopeful that something would be brought back to the Council }'e( ardinq t>0 project sometime in September . He pointed out that the only way to clear the ..ti.tle: to the state land is through condemnation since the state does not hold a marketable title to the property. RES OLUTION 1?0. 2 2 -1 57 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING TEE HOUSING AND REDEVELOPMENT AUTHORITY IN FIND FOR THE CITY OF BROOKLYN CENTER TO UTIL TZE THE POWER OF EMINENT DOMJuN IN THE ACQUISITION OF CERTAIN REAL PROPERTY FOR THE USE AS A HOUSING DEVELOPMENT PROJECT 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. ADJ OURNMENT There was a motion by Councilmembe.r_ Scott and seconded by Councilmember Hawes to adjourn the meeting. Voting in favor_: Mayor Nyquist, Councilmembers Lhotk_a, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11 :45 p.m. tierx Mayor. 8-23-82 -15-