Loading...
HomeMy WebLinkAbout1982 11-22 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 NOVEMBER 22, 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. 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, Public Utility Superintendent Craig Hoffmann, and Administrative Assistants Brad Hoffman and Tom Bublitz. INVOCATION The invocation was offered by Pastor Aukema of the Northbrook Alliance Church. OPEN FORUM Mayor Nyquist noted the Council had received a request to use the Open Forum this evening from Mr. Frank O'Keefe, 1001 -65th Avenue North. Mr. O'Keefe stated he represented Coldwell Banker Real Estate and that his office was located at 7240 Brooklyn Boulevard. Mr. O'Keefe stated he would like to discuss the off -site sign section of the City's sign ordinance, particularly, section 34 -140 dealing with real estate signs. Mr. O'Keefe indicated that he would like to modify part A of section 34 -140 to allow placement of real estate signs on public or private property. He added that he would like to see the ordinance extended to placement of signs on public property, but in all other respects he felt the ordinance should remain the same. Councilmember Lhotka commented that it appears Mr. O'Keefe's problem is that the real estate signs cannot be seen adequately from the roadway. Councilmember Lhotka then inquired whether there are normally ads placed in the newspaper advertising the property. Mr O'Keefe stated that most buyers who view the homes come in from the signs and not the open house ads. Mayor Nyquist stated he recalled that the real estate sign ordinance was changed in the recent past at the realtor's request. The City Manager stated he believes the ordinance was changed so that it paralleled the garage sale sign ordinance. Discussion continued among Council members and Councilmember Lhotka commented that he has been supportive of the City's sign ordinance and that he would request some statistics be presented to the Council which would show the Council that the real estate industry is being harmed by the existing ordinance. The City Manager stated that Mr. Warren and himself can work with Mr. O'Keefe's request and return to the Council with further information. 11 -22 -82 -1- CONSENT AGENDA Mayor •• Nyquist inquired if any of the Council members desired any items removed from the Consent Agenda. Councilmember Theis requested that item lld be removed from the Consent Agenda. APPROVAL OF MINUTES - NOVEMBER 8, 1982 There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the November 8, 1982 City Council meeting as submitted. 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 Scott and seconded by Councilmember Hawes to authorize the release of the following performance bonds: 1. 'MTC, 6845 Shingle Creek Parkway in the amount of $60,000. 2. Northwest Banco Automatic Teller Machine, 5617 Xerxes Avenue North in the amount of $10,000. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PERFORMANCE BOND REDUCTIONS There was a motion by Councilmember Scott and seconded by Councilmember Hawes to authorize the reduction of the following performance bonds: 1. Ryan Construction /Brookdale Corporate Center, 6300-Shingle Creek Parkway, reduced from $75,000 to $15,000. 2. Lynbrook Bowl, 6357 North Lilac Drive, reduced from $50,000 to $5,000. 3. Quik 6, 6600 West River Road, reduced from $22,000 to $2,000. 4. Red Lobster, 7235 Brooklyn Boulevard, reduced from $60,000 to $5,000. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. SUBDIVISION BOND RELEASE There was a motion by Councilmember Scott and seconded by Councilmember Hawes to authorize the release of the subdivision bond on the Jody Addition (Cul -de -sacs on Drew and Ewing Avenue between 65th Avenue and FAI 94) in the amount of $24,500. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 82 -213 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1981 -H (FREEWAY BOULEVARD STREET IMPROVEMENT PROJECT NO. 1981 -18, SIDEWALK IMPROVEMENT PROJECT NO. 1981 -19, STORM SEWER IMPROVEMENT PROJECT NO. 1981 -20) 11 -22 -82 -2- i i The motion for the adoption.of the foregoing resolution was duly seconded by member Bill P g Hayes 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 Hawes to approve the following list of licenses: MECHANICAL SYSTEM'S LICENSE Blaine Heating, Air Conditioning 13562 Central Avenue & Electric, Inc. Noel's Heating & Air Conditioning, 6900 75th Avenue N. Inc'. CHRISTMAS TREE SALES LICENSE P.Q.T. Company 4007 58th Avenue N. NON- PERISHABLE VENDING MACH LICENSE Coca -Cola Bottling Midwest, Inc. 6836 Humboldt Avenue N. LODGING ESTABLISHMENT LICENSE Brutger Co. /Thrifty -Scott Motel 6445 James Circle Riverside Motel 5608 Lyndale Avenue N. COMMERCIAL KENNEL LICENSE Brookdale Pet Center 2229 Lema Drive OFF -SALE NONINTOXICATING LIQUOR LICENSE 7- Eleven Food Stores 1500 69th Avenue N. CIGARETTE LICENSE Vicker's Minnesota Oil Company 6830 Brooklyn Blvd.. Brookdale Ford, Inc. 2500 County Road 10 Twin City Novelty 5720 Morgan Avenue N. Coca Cola Bottling Midwest 6530 James Avenue N. K -Mart Corporation 3600 63rd Avenue N. 7- Eleven Food Stores 1500 69th Avenue N. Taco Towne Restaurant 6219 Brooklyn Blvd. Twin City Vending Co. 6100 Summit Drive Super America Stations, Inc. 1901 57th Avenue N. Soper America Stations, Inc. 6545 W. River Road Viking Pioneer 5925 Earle Brown Drive Marc's Big Boy 5440 Brooklyn Blvd. 11 -22 -82 -3- 1 RENTAL DWELLING LICENS Initial: Jill M /Eileen F. Sherritt 5235 -37 Drew Avenue N. Ronald L. Nyberg, 5301 Dupont Avenue N. Michael J. Mohs 3825 France Place Randall D. /Jerry G. Tyson 5137 -39 France Ave'. N. Frank & Diane Lachinski 5417 Fremont Ave N. Renewal: W. E. Goins 5930 Zenith Avenue N. Leroy G. Meyering 6400 Major Avenue N. Larry Fields 6618 Camden Drive Edstrom Associates Twin Lake N. Apts. Edwin E. Kauffmann 5716 -5720 Logan Ave. N. Delbert P. Bruce 474 Twin Lake Avenue Gary Lyons 680, 13, 19 Humboldt Ave. N. Marvin C. Brieland 7229 Camden Avenue N. Gladys E. Perisian 3806 72nd Avenue N. Gary M. Olson 3715 69th Avenue N. Kenneth L. Bergstrom Hi Crest Apts. (1300,06,01,07 & 1121 67th Ave. N.) AMUSEMENT DEVICE - OPERATOR T Wright's 5800 Shingle Crk. Pkwy. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. COUNCIL PRESENTATIONS Mayor Nyquist noted that the Council had two presentations to make this evening and noted that he believed it was also appropriate that the Brooklyn Center High School football team be recognized by a formal resolution of the Council. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to direct the staff to prepare a resolution of recognition for the Brooklyn Center High School football team as winners of the 1982 Class A football championship. Mayor Nyquist proceeded to present the Council resolutions to Ms. Jodi Lundquist, Miss Minnesota T.E.E.N. and to the Brooklyn Center Town Baseball Team, 1982 State Class A baseball champions. REVIEW OF HENNEPIN COUNTY PARK RESERVE DISTRICT, FIVE YEAR PARK PLAN Mayor Nyquist recognized Mr. Bob Gove, from the Hennepin County Park Reserve District, who stated that the Board of Commissioners of the Park Reserve District will undergo a change as of January 1, 1983. He pointed out that the Board will consist of seven members, four of which are elected and three of which will be appointed by the City of Minneapolis Park Board. With regard to the five year plan prepared by the Hennepin County Park Reserve District, Mr. Gove stated that he is seeking input from the various City Councils in Hennepin pointing out that oz e written plan, g s in the , P to review e the changes P g County. He proceeded C y ro osed for and was originally P P he lan Fish Lake regional plan, the F ark which is in t g P 11 -22 -82 -4- development in 1986, will be postponed and included in the 1988 to 1992 five year plan. He also pointed out that the development of Eagle Lake is scheduled for 1988 to 1992 and likewise the Elm Creek Reserve Development. As a final change, he pointed out the regional corridor from Elm Creek to Medicine Lake has also been pushed back to the 1988 to 1992 planning and development period. The City Manager stated that the Cities of Brooklyn Center and Minneapolis are now completing regional trails within their municipal boundaries and that it appears the City's, in effect, are being punished for taking the initiative in the development, whereas, other areas are experiencing development of regional corridors by the county. He added that he would hope the county would consider the development of River Ridge Park, located in Brooklyn Center along the Mississippi River, when the five year plan is considered. He added he would hope that the Park Reserve District development plan be examined as to the consistency of development within the Hennepin County area. Mr. Gove stated that the Park Reserve District is now discussing the impact of the regional corridors with the City of Minneapolis and this will be examined in the plan. The City Manager also pointed out that there are a number of islands in the Mississippi located in Brooklyn Center and Brooklyn Park, one of which is Durnam Island, and added that it is Brooklyn Center's recommendation that these islands remain as natural areas. Mr. Gove thanked the Council for taking the time to review the Hennepin County Park Reserve District's plan and added that he would return to the Board of Commissioners with the comments received at this evening's meeting. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Amending Year VII Community Development Block Grant Funds and pointed out that this resolution would provide CDBG funding for a solar demonstration project. He noted that Mrs. Barbara Jensen, from the City's Conservation Commission, is present this evening to discuss the resolution. Mrs. Jensen reviewed her memorandum to the City Council and explained she is here to request a transfer of funds from the CDBG contingency account to the solar demonstration project. She noted that $10,000 is being requested from the CDBG contingency fund and explained that the solar demonstration project included in the Year VII program had been approved in the amount of $40,000 but that the original appropriation was not sufficient to complete the project as described in the application. Councilmember Scott complimented Mrs. Jensen, Brad Hoffman, and the Conservation Commission on the project, noting that they spent a great deal of time on the project and that she feels confident the project will completed and will be a success. RESOLUTION NO. 82 -214 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE AMENDMENT OF THE CITY OF BROOKLYN CENTER'S COMMUNITY DEVELOPMENT PROGRAM TO HENNEPIN COUNTY AS PART OF THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION, IN ACCORDANCE.WITH THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED 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 11 -22 -82 -5- voted against the same: none,. whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Accepting Bid and Awarding Contract for Purch of nigh Velocity Hydraulic Sewer Cleaner.. The Director of Public Works reviewed the bids received and stated that the staff is recommending the low base bid lb be accepted in the amount of $43,200. He noted that this bid would include the stainless steel tank. The City Council discussed, at length, the various bids and options for the sewer cleaning equipment. RESOLUTION NO. 82 -215 Member Bill Hawes introduced the following resolution and moved -its adoption: RESOLUTION ACCEPTING BID'AND AWARDING CONTRACT FOR PURCHASE OF HIGH VELOCITY HYDRAULIC SEWER CLEANER 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. PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE 1982 SINGLE FAMILY HOUSING BOND PROGRAM In discussion of the amendments proposed to the housing bond program in Brooklyn Center. Administrrtive Assistant Hoffman noted that the two proposed amendments provide that mortgages will be marketed throughout the metropolitan area, not solely within the City of Brooklyn Center, and that the fiscal impact on other agencies will be considei. He added that there world be no negative impact on other agencies and jurisdictions from the project. He noted that the resolution is a recommendation from the Metropolitan Council. Mayor Nyquist opened the meeting for the purpose of a public hearing on an amendment to the 1982 single family housing bond program. 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 Hawes and seconded by Councilmember Theis to close the public hearing on an amendment to the 1982 single family housing bond program. RESOLUTION NO. 82 -216 Member Gene Lhotka introduced the following resolution and moved its adoptions APPROVING.AMENDIENT NUMBER 1 TO THE 1982 SINGLE FAMILY HOUSING BOND PROGRAM 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. 11 -22 -82 -6- PLANN COMMISSION ITEMS PLANNING CO L`tISSION APPLICATION 110. 82041 SUB14ITTED BY JOE HAMM FOR PRELIMINARY PLAT APPROVAL TO S'uBDIVIDE INTO TWO LOTS THE LAND AT 6501 BROOKLYN BOULEVARD PLAN IIING COMMISSION APPLICATION 110. 82044 SUB`.4ITTED BY JOE HAMx"4 FOR SITE AND BUILDING PL APPROVAL TO CC'ISTRUCT A THREE -UNIT APARTMENT ON THE LAND TO BE CREATED UNDER APPLICATION NO. 82041 AT 4010 -65TH AVENUE NORTH The Director of Planning & Inspection presented and reviewed for Council members pages 1 through 3. of the November 4, 1982 Planning Commission minutes and also the Planning Commission information sheets prepared for Application Nos. 82041 and 82044. The Director of Planning & Inspection reviewed the location of the subject parcel and noted that it was zoned R5. He noted the applicant's proposal would subdivide into two lots the land at 6501 Brooklyn Boulevard and proposes construction of a three - unit apartment on the property. He noted the Planning Commission recommended approval of the applications at its November 4, 1982 meeting. He added that the Planning Commission recommended approval of Application No. 82041 subject to three conditions, which he reviewed for Council members, and Application No. 82044 subject to ten conditions, which he reviewed for Council members. He explained a public hearing is required for the preliminary plat and that the proper notices had been sent. He added that the applicant is present this evening. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 82041 and inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Application No. 82041. Voting in favor: Mayor Nyquist, Council- members 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. 82041 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. All easements and property corners shall be shown on the preliminary plat. 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 Lhotka to approve Application No. 82044 subject to the following conditions: 1. 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 the issuance of permits. 11 -22 -82 -7- 3. A site performance agreement and supporting financial guarantee .(in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. �4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. B612 curb and.gutter shall be provided around all parking and driving areas. 7.; Building plans shall be certified by a registered Minnesota architect prior to issuance of building permits 8. The plat shall be ,filed at the County prior to the issuance of building permits in accordance with Chapter 15. 9. Existing trees along the north side of the site are deemed adequate to meet the screening requirement between an R4 type use and an Rl zoned property. 10. The landscape plan shall be amended to indicate screening of the parking lot with shrubbery between Lots 1 and 2 of the Hamm Addition. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 82043 SUBMITTED BY KENNETH. BERGSTROM FOR PRELIMIN PLAT APPROVAL TO DIVIDE OUTLOT A, B, C, D, E, AND F OF HI CREST SQUARE ESTATES INTO 32 TOWNHOUSE LOTS ON THE R3 ZONED LAND, EAST OF HUMBOLDT SQUARE SHOPPING CENTER, SOUT OF 69TH AVENUE NORTH PLANNING COMMISSION APPLICATION NO. 82045 SUBMITTED BY H. E. HOMES, INC. FOR SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT 42 TOWNHOUSE DWELLING UNITS IN PHASE 2 OF THE HI CREST SQUARE ESTATES AND TWO UNITS IN PHASE 1 The Director of Planning & Inspection presented and reviewed for Council members pages 3 through 4 of the November 4, 1982 Planning Commission minutes and also the Planning Commission information sheets prepared for Application Nos. 82043 and 82045. The Director of Planning & Inspection reviewed the location of the subject parcel and noted that the Planning Commission recommended approval of Application No. 82043 subject to three conditions which he reviewed for Council members. He noted that the Planning Commission recommended approval of Application No. 82045 subject to one condition which he reviewed for Council members. He stated that a public hearing is required for Application No. 82043 and noted that the applicant is present this evening and that the proper notices of public hearing had been sent. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 82043 and 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 Councimember Hawes and seconded by Councilmember Lhotka to close the public hearing on Planning Commission Application No. 82043. Voting in fav 11 -22 -82 -8- h Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to approve Application No. 82043 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. The new plat shall be included in the s me Homeowners' Association as the original Hi Crest Square Estates.Additi n and the association documents shall be reviewed and approved by the City Attorney prior to final plat approval. 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. 82045 subject to the following condition: 1. The conditions pertaining to approval of Application No. 82023 shall continue and shall apply to approval of Application No. 82045, with the exception of Condition No. 8 which has been fulfilled by staff. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:40 p.m. and reconvened at 8:55 p.m. The Director of Finance pointed out to the Council members that Ms. Vi Lewandowski, of the City staff, had made the City's flag on display this evening in the Council Chambers and had done an excellent job in crafting the flag. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to direct the staff to prepare a resolution acknowledging Vi Lewandowski's efforts in making the City flag for the Council Chambers. Voting in 'favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS (CONTINUED) RESOLUTION NO. 82 -217 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION RELATING TO A COMMERCIAL DEVELOPMENT REVENUE NOTE (SHINGLE CREEK ELEVEN PROJECT); AMENDING RESOLUTION NO. 81 -15 AND AUTHORIZING THE EXECUTION, ISSUANCE AND DELIVERY OF AN AMENDED AND RESTATED NOTE 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. 11 -22 -82 -97 'The City Manager introduced a Resolution Approving Supplemental Agreement No. 1 to Contract 1982 -8 (Alley Improvement Project No. 1982 -14). He pointed out that this resolution provides for construction of driveways on private property adjacent to the.alley improvement and that construction costs will be assessed against the private properties under the terms of executed agreements between the property owners and the City. The Director of Public Works stated that the assessment procedure was used to accommodate property owners who could not pay in cash for the work done by the contractor. He noted that the contractor was unwilling to extend any terms to the property owners for the work on the driveways and required the property owners to pay in cash in advance. Councilmember Theis stated that he was concerned over the possibility of a future problem where City streets are repaved and the driveways are completed on an assessment basis. He stated that he was concerned over setting a precedent where assessments are used to construct driveways and added that he believes the City went the wrong direction in helping the residents in this situation. He inquired of the City attorney whether or not he believed a precedent was set by this action. The City attorney stated that he does not think a precedent, in this situation, is as important as it might appear. He noted that the City can have different policies for different projects and that no precedent would be set if future projects were not similar to the project before the Council this evening. He added that he cannot see a great legal problem with this situation. The City Manager stated that alley improvement projects are unique and ordinarily quite difficult. He stated he would recommend the policy of assessments for alleys but not for street reconstruction situations. The Director of Public Works stated that he would recommend this type of project in alley situations, noting that the cost of getting another contractor to do a sepa -ate job on the alleys would be cost prohibitive. He added that, for the benefit of the residents, he would recommend the policy of assessing the cost of construction in this situation. The City Manager pointed out that this is the first time the City has paid a contractor for this type of work and in this case the contractor was not willing to negotiate with any of the property owners. RESOLUTION NO. 82 -218 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO, 1 TO CONTRACT 1982 -H (ALLEY IMPROVEMENT PROJECT NO. 1982 -1.4) 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. Councilmember Theis requested the staff to formulate a policy to encourage the development of the remaining unimproved alleys in Brooklyn Center. 11 -22 -82 -10- J RESOLUTION NO. 82 -219 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER ALLEY IMPROVEMENT PROJECT NO. 1982 -14 (ALLEY CONSTRUCTION FROM 53RD TO 54TH AVENUES BETWEEN EMERSON AND DUPONT AVENUES) 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 Declaring Cost to be Assessed and Providing for Hearing on Proposed Assessment for Alley Improvement Project No. 1982 -14. The Director of Public Works reviewed the total cost and the assessed cost for the project. He then reviewed the various options for the project outlined in a memorandum from the Director of Public Works dated November 19, 1982 and titled "Review of Project Cost and Special Assessments for Alley Improvement Project No. 1982 -14. Councilmember Theis stated he would support option 2, where the assessment of the driveways and aprons would be assessed at $17 per assessable foot, along with the assessment of excess storm sewer costs made necessary when an easement could not be secured, and the assumption of the excess cost would be borne by the' City.' There was a motion`by Councilmember Theis and seconded by Councilmember Lhotka to approve option No. 2, where the assessment of driveways and aprons would be assessed at $17 per assessable foot plus the assessment of excess storm sewer costs made necessary when an easement could not be secured, and assumption of excess cost by the City. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none.. The motion passed unanimously. RESOLUTION NO. 82 -220 Member Rich Theis introduced the following resolutinn and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED AND PROVIDING FOR HEARING ON PROPOSED ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1982 -14 (ALLEY CONSTRUCTION FROM 53RD TO 54TH AVENUES BETWEEN DUPONT AND EMERSON AVENUES) 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. RESOLUTUION NO. 82 -221 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR RAILROAD /HIGHWAY GRADE CROSSING IMPROVEMENT ON FRANCE AVENUE NORTH AND ESTABLISHING PROJECT NO. 1982 -29 A The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: 11 -22 -82 -11- 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 -222 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR 30,000 GVW TRUCK 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. AWARDING CONTRACT FOR 1982 AUDIT There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to. award the 1982 City audit to the accounting firm of Moen and Penttila, Ltd. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. DISCUSSION ITEMS UPDATE ON WATER SUPPLY STUDY The Director of Public Works noted that, during the past several months Black &Veatch, the City's consulting engineers, have conducted various tests within their contract and have submitted several preliminary findings for staff review and comments. He reviewed some of the more.significant findings submitted by Black & Veatch including the finding that detailed chemical tests of the City's current water quality supports the City's observations that calcium and magnesium concentrations are relatively high indicating hard water; manganese concentrations are noted to exceed the recommended standards but pose no significant human health risk; and, iron concentrations are near the recommended drinking water standard, but also do not pose a significant human health risk. Additionally, he pointed out, organic testing with the use of sophisticated instruments and methods have yielded no evidence of chemical or biological contamination of the City's water supply and contacts have been made with the Minnesota PCA and the Minnesota Department of Health concerning possible groundwater contamination' sites but, while more than 110 sites have been identified within the 7 county metropolitan area, the analysis to date indicates there is no known groundwater contamination source that will influence Brooklyn Center's water supply. Additionally, he reported other preliminary findings include that there are many cost advantages and operational advantages to continued development within the well field area in the northeasterly portion of the City and that quantitative testing of this well field indicates it is a very dependable source of water for the foreseeable future. CONSIDERATION OF CLOSED CIRCUIT TELEVISION FOR POLICE DEPARTMENT The City Manager noted that there is a problem with security at the back door of the police department offices, noting that officers and other authorized personnel gain entrance by an audio connection from the back door to the dispatch office. He noted that this type of entry provides no real security for the back door. He also noted that in the front area of the police department there is a buzzer for entry into the front door, and that considerable disruption is caused by people buzzing the door and causing disruption for the ,police dispatchers after normal working hours when 11 -22 -82 -12- office personnel are not present. He also noted the fact that the closed circuit television could also provide monitoring for the booking area in the event that someone who is being booked becomes violent. In summary, the City Manager noted that the closed circuit television would be used to improve the operation and security of the police department. Councilmember Lhotka stated that he would request more information on the existing problems and other alternate systems which could address the security and operations problem. The City Manager noted that perhaps the best way to demonstrate the problems in the police department with regard to security and visibility, would be to take the Council on a tour of the department. EXECUTIVE SESSION UPDATE ON LABOR NEGOTIATIONS The City Manager requested that November 1982 be set aside to discuss the present bargaining status with regard to the City's organized employees and also the effect of the current state fiscal crisis on negotiations. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to set the executive session of the Council for November 30, 1982 following the special meeting of the Council that evening. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The City Manager introduced a resolution which the Minnesota Department-of Transportation has requested the City to act on. He explained the resolution deals solely with revocation of County State Aid Highway #130 and, even though it was contained in a previous resolution, No. 82 -49 the Minnesota Department of Transportation is requesting a separate action. RESOLUTION NO. 82 -223 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION OF CONCURRENCE 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. ADJOURNMENT There was a motion by Councilmember Hawes 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 10:25 p.m. AA 1e Mayor 11 -22 -82 -13-