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HomeMy WebLinkAbout1981 05-18 CCM Regular Session 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 MAY 18, 1981 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:04 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Bill Fignar, Gene Lhotka, and Celia Scott. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning and Inspections Ron Warren, Assistant City Engineer Jim Grube, City Attorney Richard Schieffer, and Administrative Assistant Tom Bublitz. Mayor Nyquist noted that Councilmember Kuefler was out of town and would be absent from this evening's meeting. INVOCATION The invocation was offered by Associate Minister Gregg Swaim of the Brooklyn Center Church of Christ. APPROVAL OF MINUTES - MAY 4, 1981 REGULAR SESSION, APRIL 27, 1981 SPECIAL SESSION There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the minutes of the May 4, 1981 City Council meeting as submitted. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none, the motion passed. . There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to approve the minutes of the special City Council meeting of April 27, 1981 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Fignar, and Lhotka. Voting against: none, the motion passed. Councilmember Scott abstained from the vote as she was not present at the April 27, 1981 meeting. OPEN FORUM Mayor Nyquist noted that the Council had not received any requests to use the Open Forum session this evening and inquired of the audience if there was anyone present who wished to address the Council, there being none, he proceeded with the regular agenda Ltems noting that he would keep the Open Forum session open until 7:30 p.m. FINAL PLAT APPROVAL - NORTHGATE 3 ADDITION The City Manager introduced the next agenda item which was the final plat of the Northgate 3 Addition and explained that this item comprehends the small plat of the 15 outlots on the vacant land east of Noble Avenue North, south of I -94, and north of the lots facing 66th Avenue North. The Director of Public Works reviewed a transparency for Council members showing the final plat of the Northgate 3 Addition and explained that each of the adja- cent property owners has agreed to purchase the 15 adjacent parcels. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to approve the final plat of the Northgate 3 Addition as submitted. Voting 5- 1.8 -81 -1- in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none, the motion passed. APPOINTMENT TO NO HUMAN SERVICES COUNCIL EXECUTIVE BOARD The City Manager explained that he had been in contact with Dr. Orn and Dorothy Buckingham, the City's appointed representatives to the Northwest Human Services Council, and noted they had recommended that either a Councilmember or Adminis- trative Assistant Bublitz be appointed to replace the City Manager on the North- west Human Services Council Executive Board. There was a motion by Councilmember Fignar and seconded by Councilmember Scott to appoint Administrative Assistant Tom Bublitz to the Northwest Human Services Council Executive Board% Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none, the motion passed. RESOLUTIONS The City Manager introduced a resolution accepting bid and approving contract form (modifications to lift station No. 2, Project No. 1981 -09), Contract 1981 -C. He pointed out that there had been several problems in the bidding procedure on this item and requested the Director of Public Works to explain the bids to Council members. The Director of Public Works noted that in the bidding process ACG Mechanical Inc., the apparent low bidder, advised the city that their bid contained a $10,000 error and that their bid for Bid Item No. 4 should have been $26,900 instead of $16,900, thereby increasing their total bid amount to $145,900 in- stead of $135,900. Also, he pointed out the base bid of ABE Construction Company, Inc. contemplates the use of alarm telemetry equipment and radio monitoring equipment which does not comply to the specifications and the company submitted an alternate proposal to furnish equipment complying with the spec- ifications at an additional cost of $2,400, thereby making their total bid amount $144,110. He explained to Council members that because of the two errors it has been determined that Shank Mechanical, Inc. is the apparent low bidder and that the staff is recommending the contract be awarded to Shank Mechanical, Inc. in the amount of $142,700. Councilmember Lhotka inquired what had originally been budgeted for this project. The Director of Public Works explained that the City's share of the project has actually declined from the original estimate since the state is contributing an extra $12,400 to the project. RESOLUTION NO. 81 -98 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (MODIFICATIONS TO LIFT STATION NO. 2, PROJECT NO. 1981 -09), CONTRACT 1981 -C 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, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 5 -18 -81 -2- Mayor Nyquist noted that the next resolution, ordering the construction of 63rd Avenue improvements, would be deferred until 8:00 p.m. since there were additional residents from the 63rd Avenue area planning to attend at 8:00 p.m. The City Manager introduced a resolution approving plans and specifications and directing advertisements for bids for Earle Brown Drive improvements: Water Main Improvement Project No. 1981 -05, Sanitary Sewer Improvement Project No. 1981 -06, Storm Sewer Improvement Project No. 1981 -07, and Street Improvement Project No. 1981 -08. RESOLUTION NO. 81 -99 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR EARLE BROWN DRIVE IMPROVEMENTS: WATERMAIN IMPROVEMENT PROJECT NO. 1981 -05, SANITARY SEWER IMPROVEMENT PROJECT NO. 1981 -06, STORM SEWER IMPROVEMENT PROJECT NO. 1981 -07, AND STREET IMPROVEMENT PROJECT NO. 1981 -08 (CONTRACT 1981 -D) 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, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution establishing 69th Avenue Pedestrian Trail Improvement Project No. 1981 -12, Sidewalk Improvement Project No. 1981 -13, Parks Improvement Project No. 1981 -14, Central Park /Garden City Park Pedestrian Trail Improvement Project No. 1981 -15, and Storm Sewer Improvement Project No. 1981 -16. The Assistant City Engineer reviewed, for Council members, the 69th Avenue Pedestrian Trail Improvement Project pointing out that the project is a portion of the pedestrian trail extending from Oliver Avenue North in Minneapolis through Garden City Park, across I -94 to County State Aid Highway 130 north to Brooklyn Park through the Palmer Lake Basin Area. Councilmember Fignar inquired what the timeline was for the project. The City Manager replied that the financing plan would be presented to the Council at the next Council meeting and that the trailway system from County Road 10 to the Palmer Lake ballfields will be complete by the fall of 1981. He explained the only segment left out of the project is through the Brookdale area. The Assistant City Engineer proceeded to review the remaining projects in the resolution which included the Sidewalk Improvement Project, the Parks Improve - ment Project, Central Park /Garden City Park Pedestrian Trail Improvement Project and the Storm Sewer Improvement Project. RESOLUTION NO. 81 -100 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING 69TH AVENUE PEDESTRIAN TRAIL IMPROVEMENT PROJECT NO. 1981 -12, SIDEWALK IMPROVEMENT PROJECT NO. 1981 -13, PARKS IMPROVEMENT PROJECT NO. 1981 -14, CENTRAL PARK/GARDEN CITY PARK PEDESTRIAN TRAIL IMPROVEMENT PROJECT NO. 1981 -15, AND STORM SEWER IMPROVEMENT PROJECT NO. 1981 -16 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duJ.y passed and adopted. 5 -18 -81 -3- The City Manager explained that the next resolution, approving plans and spec- ifications and directing advertisement for bids for contract 1981 -E contains a great number of projects and that the details of some of the projects had not been worked out yet and that the staff was recommending deferral of this resolution to the next council meeting. The City Manager introduced a resolution authorizing execution of agreement for soil engineering services for Project No. 1980 -06: Pedestrian /Bike -way Bridge across T.H. 100 at Shingle Creek. The Director of Public Works explained that 5 soil borings will be necessary for this project because of the soil conditions in the area and that the staff is recommending the bid of Soil Exploration Company be accepted. R ESOLUTION NO. 81 -101 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR SOIL ENGINEERING SERVICES FOR PROJECT 1980 -06: PEDESTRIAN /BICYCLE BRIDGE ACROSS T.H. 100 AT SHINGLE CREEK The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken theron, the following voted in thereof: Dean Nyquist, Bill Fignar, Gene Lhotka, and Celia Scott and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution providing for public hearing on pro- posed assessments - the Ponds Plat 6 Improvements: Street Improvement Project No. 1978 -36 and curb and gutter improvement project No. 1978 -37. The Director of Public Works explained the public hearing and the proposed assessments is proposed for June 22, 1981. RESOLUTION NO. 81 -102 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED ASSESSMENTS 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, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was de- clared duly passed and adopted. RESOLUTION NO. 81 -103 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1981 GENERAL FUND BUDGET TO PROVIDE FOR WAGE AND SALARY ADJUSTMENTS 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, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was de- clared duly passed and adopted. 5 -18 -81 -4- The City Manager introduced the resolution authorizing reconveyance of forfeited lands to the State of Minnesota and explained the resolution provides for the re- conveyance of excess land in Bellvue Park back to the State for public sale. RESOLUTION NO. 81 -104 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING RECONVEYANCE OF FORFEITED LANDS TO STATE OF MINNESOTA The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Fignar, Gene Lhotka, and Celia Scott and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. .The City Manager introduced a resolution accepting bids for the installation of a new roof at the West Fire Station /Liquor Store and that he recommends the award of the bid to GA Jacobson Roofing, Inc. in the amount of $26,540 be accepted. Councilmember Fignar inquired if there was a warranty on the roof and for how long a period the warranty covered the roof. Administrative Assistant Bublitz explained that the specifications state that the roof will be guaranteed for 3 years. Councilmember Fignar then inquired if .there was any additional warranty available to extend the warranty period beyond'3 years. The City Manager ex- plained he would discuss this matter with the City Clerk and determine whether or not an additional warranty is available for the roof. RESOLUTION NO. 81 -105 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS FOR INSTALLATION OF NEW ROOF AT BROOKLYN CENTER WEST FIRE STATION /LIQUOR STORE 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, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -106 Member Bill Fignar 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 Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -107 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION PROCLAIMING JUNE AS PARKS AND RECREATION MONTH The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Fignar, Gene Lhotka, and Celia Scott; and 5 -18 -81 -5- the following voted against the same: none, whereupon said resolution was de- clared duly passed and adopted. RESOLUTION NO. 81 -108 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING JUNE 5 THROUGH JUNE 14 AS BROOKLYN CENTER EARLY BIRD DAYS 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, Bill Fignar, Gene Lhotka, and Celia Scott and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. CONSIDERATION OF REQUEST FOR MEDIAN RECONSTRUCTION ON COUNTY ROAD 10 AT NORTHWAY DRIVE. The Director of Public Works reviewed the project description and location pointing out that the project involved bituminous pavement, concrete curb and gutter, and median removals, concrete curb and gutter, grading, base, and bituminous surfacing, and storm sewer extension on County State Aid Highway 10 (57th Avenue North) at Northway Drive. He explained the project is in response to an April 30, 1981 letter of petition from Transcontinental Developers, Inc., requesting the construction of a left turn lane and median opening for east bound traffic on County State Aid Highway 10 at Northway Drive. Continuing in the review of the engineers report for the project the Director of Public Works stated it is pro- posed that the office complex (Lot 1, Block 1, Brockdale Second Addition) be assessed an area rate which is twice as high as the area assessment rate to the Super Valu store site and the F & M Bank site. In response to a question from Mayor Nyquist, the Director of Public Works ex- plained that the Westbrook Mall area merchants group has not pursued their access study of the Westbrook Mall area. Mayor Nyquist inquired whether the proposed project could create any problem for the present access into the Westbrook Mall area. The Director of Public Works explained that the Westbrook Mall merchants had expressed a concern over the access situation when the office complex site plan was approved but that they had not pursued there access study further at this point. Councilmember Scott stated she was concerned that the F & M Bank will not receive a great deal of benefit from the proposed turn lane. The Director of Public Works stated that the access into the F & M site for those persons new to the area would not benefit the site, but that access would be improved to the F & M site for their. regular customers familiar with the area. Councilmember Lhotka stated he feels the project is a waste of dollars and also that the office complex developer will receive most of the benefits from the project and therefore should pay the cost of the project. Further he stated that if the Westbrook Mall merchants plan an improvement for access into their site the project may interfere with this access improvement. Councilmember Lhotka then inquired what the staff position was on the project. The City Manager stated that the project gives Northway Drive & Xerxes a chance to proceed without full signalization and channelization, both of which would cost considerably more than the proposed project. The Director of Public Works stated that he believes there may be a solution to the Westbrook Mall access which may be contradictory to the project proposed this evening. However, he 5 -18 -81 -6- he pointed out, setting up the public hearing will provide a chance for West- brook Mall merchants to react to the proposed project and he added that he does not believe it is an improper action to proceed with the public hearing. Mayor Nyquist requested the staff to notify the Westbrook Mall area merchants and the Chamber of Commerce regarding the proposed public hearing. RESOLUTION NO. 81 -109 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING COUNTY STATE AID HIGHWAY 10 STREET IMPROVEMENT PROJECT 1981 -17, ACCEPTING CITY ENGINEER'S REPORT, AND PROVIDING FOR PUBLIC HEARING ON PROPOSED IMPROVEMENT PROJECT NO. 1981 @17 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTIONS (CONTINUED) The City Manager introduced a resolution ordering construction of 63rd Avenue improvements: Street Improvement Project No. 1981 -10 and Watermain Improvement Project No. 1981 -1®1. He explained consideration of this resolution was tabled following the public_ hearing held on May 4, 1981 to allow development of supplementary information and additional discussion of the project. He noted this resolution requires a roll call vote and a four fifths vote is required for approval. The City Manager explained that he had contacted the MTC regarding the bus traffic on 63rd Avenue North and that the MTC is now advising its drivers to use alternate routes rather than 63rd for trips back to the bus garage. The Director of Public Works explained that in the response to questions at the last Council meeting the records indicate that 63rd Avenue was sealcoated twice since 1958 and that 1972 was the last time the street was sealcoated. Addition- ally, he pointed out that on looking again at the slides of the area taken by the engineering staff, and presented at the last council meeting, the slide showing 63rd Avenue North at the home of Mr. Victor Benson at 3319 63rd Avenue North does show the curb and gutter in place. The Director of Public Works stated he also looked into the problem of low water pressure on 63rd & 64th Avenue North and pointed out that the Public Utility Department informed him that under normal conditions there should be no water pressure problems in this area but that buildups could occur in individual services such as buildups in meters, water heaters or water softeners resulting in reduced water pressure. The Director of Public Works proceeded to review for Council members the cost of the various options requested at the May 4, 1981 City Council meeting. He ex- plained the cost for restoring the trench following the installation of a new watermain on 63rd Avenue North was $43,200, the cost of sealcoating the entire street would be $8,250, and a bituminous overlay of 2" in thickness on 63rd would cost $64,920 at an assessment rate of $15.20 per foot. The Director of Public 5 -18 -81 -7- Works pointed out that the cost of bituminous curb and gutter is $3.00 per foot, as compared to the cost of concrete curb and gutter at $6.25 per foot. He added that the assessment rate for concrete curb and gutter including engineering, administrative, and intersection costs would be $9.15 per foot. The Director of Public Works reported that the total property taxes paid by 63rd Avenue residents in the affected area was $21,172 and that the 1981 street department share of these taxes was $388.67. Adding the other revenues to what the 63rd Avenue residents are entitled to, he pointed out the total amount of dollars contributed by the 63rd Avenue residents to the total street department operating budget was $829.80 per year. The Director of Public Works introduced a new concept for design of 63rd Avenue between Beard and Xerxes noting that the concept provides staggered areas of parking from one side of the street to the other. He pointed out the advantages are that the concept would allow the saving of trees on 63rd, allow some parking on each side of the street creating a parkway environment which would hopefully reduce the tendency of motorists to speed through the area, and the project would meet municipal state aid standards. Councilmember Fignar inquired what the cost factors were in the new design proposal. The Director of Public Works explained the cost differential was very minimal since this plan would mean less blacktop, but more concrete curb and gutter and sod than the 44 foot wide street. The City Manager pointed out that if the cost of restoring the trench created by the installation of the watermain was subtracted from the total cost of the street reconstruction project as proposed by the new design concept, the assessable rate would be approximately $9.13 per foot. He explained the $9.13 per foot assessment would include concrete curb and gutter, installation of the watermain, and complete street reconstruction. Councilmember Fignar commented it appears that unless the costs are assessed against the affected property owners the alternative appears to be to patch and repair 63rd Avenue North. Mayor Nyquist opened the meeting for comments from 63rd Avenue residents. Mayor Nyquist recognized Mr. Jerry Blair of 2706 63rd Avenue North who stated that if the watermain has to go in and the city would pick up 550 of the cost as they have indicated, he believes this would be more acceptable to the residents on 63rd. He added that he speaks only for himself and not for the group. Mr. Blair asked several additional questions regarding engineering plans for the project. Mayor Nyquist took an informal poll of 63rd Avenue residents present at the meeting and asked them to show by raising their hands if the new design concept for 'the street reconstruction as presented at this evening's meeting would be acceptable to them. Taking an informal count, the Mayor noted that none of the residents indicated approval of this option. He then asked how many of the residents would be in favor of the city installing the watermain and patching and repairing the street at no cost to the residents. Approximately one -half to two - thirds of the 63rd Avenue residents raised there hands indicating approval of this option. Councilmember Fignar commented that from the vote, the petition presented by the 63rd Avenue residents at the May 4, 1981 . City Council meeting stating their opposition to the street reconstruction projects still stands. Mayor Nyquist recognized Mr. Ronald Weis of 3112 63rd Avenue North who inquired 5 -18 -81 -8- of the Council whether MSA funds could be used to pay for 100=' of the cost of reconstruction of MSA street. The City Manager stated the funds could be used to pay 100% of the cost but the past policy of the City has been that all residents should pay the normal share for reconstruction of residential streets. He pointed out that MSA funds in this case would be used to pay for the difference between the cost of a normal residential street and a street built to MSA standards and and would be a continuation of past policy. The Director of Public Works pointed out that the council has adopted a policy whereby state aid funds are made available for the benefit of all residents in the City and that the policy is to extend the MSA dollars so that the total city benefits from them. Mayor Nyquist stated that he would like to see a discussion item in the future regarding the general levy versus the assessment approach to street reconstruction. The City Manager pointed out that the City of Minneapolis reconstructs its streets through general tax levies and that generally the fiscal health of cities using the assessment approach is much better than those cities using the general levy approach to street reconstruction. He added, if street reconstruction projects are accomplished through general tax levies then the property taxes increase. The Council continued its discussion of the 63rd Avenue improvement project noting that it is the apparent conclusion of 63rd Avenue residents that the street reconstruction project, as presented by the City, should not be implemented. Councilmember Fignar stated that based on input from the 63rd Avenue residents at this evening's meeting and at the May 4, 1981 meeting he would be in support of a resolution which would permit the installation of the watermain on 63rd, patch and repair the trench created by the installation of the main, and provide for sealcoating of 63rd Avenue North all at no assessed cost to home owners on 63rd Avenue North, RESOLUTION NO. 81 -110 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ACTING ON 63RD AVENUE IMPROVEMENTS: TERMINATING CONSIDERATION OF STREET IMPROVEMENT PROJECT NO. 1981 -10; AND APPROVING WATER MAIN IMPROVEMENT PROJECT NO. 1981 -11 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, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PLANNIN COMMISSION ITEMS The City Manager introduced Application No. 81026 submitted by Warren Anderson for a variance from Section 35 -400 of the zoning ordinance to allow a 20 foot side corner yard setback rather than the 25 foot setback required. He pointed out the Planning Commission recommended denial of Application 81026 at its May 7, 1981 meeting. The Director of Planning & Inspections presented and reviewed for Council members pages 1 thru 2 of the minutes of the May 7, 1981 Planning Commission meeting and also the Planning Commission information sheet prepared for Application 81026. The Director of Planning & Inspection reviewed for Council members the location of the subject parcel and reviewed the standards for granting a variance as stated 5 -18 -81 -9- in the city ordinance. He pointed out the staff disagrees with the applicants assertion that the property is unique in that there are corner lots within Brooklyn Center which are less than 90 feet in width. Further, he explained the requirement that corner lots be 90 feet in width was not adopted until 1968, while the requirement for a 25 feet side corner setback was adopted. in 1957. Therefore, he pointed out many corner lots were created between 1957 and 3.968 which were not more than 75 feet in width and still subject to a 25 foot side corner yard setback. Moreover he pointed out, to grant such a variance would so weaken the zoning ordinance, by leaving a precedent for numerous similar variances, that the public welfare would ultimately be damaged. The Director of Planning & Inspections noted the Planning Commission held a public hearing on Application 81026 at its May 7, 1981 meeting, that the proper notices had been sent regarding this evening's meeting and that the applicant was present at this evening's meeting. He explained the Planning Commission recommended denial of Application 81026 on the grounds that the standard for a variance are not by the application. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application 81026 and inquired if there was anyone present who wished to speak either against or for the application. Mayor Nyquist recognized the applicant Mrs. Anderson who inquired whether an addition to the north side of her house would be allowed under the ordinance. The Director of Planning & Inspections replied that it would if compliance with the setback requirements are met. Mayor Nyquist inquired whether there was anyone else present who wished to speak to the applicant. No one appeared to speak and Mayor Nyquist entertained a motion to close the public hearing. Them was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on Application 81026. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none, the motion passed. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to deny Application 81026 on the grounds that the standards for variance, particularly with respect to uniqueness and hardship, are not met. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none, the motion passed. Councilmember Lhotka stated he would like the applicant to be aware of the reason for the Councils denial for the application and pointed out that if the application was approved a precedent would be set and would weaken the ordinance. Mrs. Anderson inquired whether she could again request the variance if she could provide new information on the application. The City Manager suggested that Mrs. p y 9 9g Anderson contact the Director of Planning & Inspections by this coming Thursday to verify the ordinance provisions regarding resubmitting a variance request. RECESS The Brooklyn Center City Council recessed at 9;15 p.m. and reconvened at 9:30 p.m. The City Manager introduced Planning Commission Application 81028 submitted by Howe Fertilizer Inc. for preliminary plat approval to replat the property at 4821 Xerxes Avenue North and 3129 49th Avenue North into two lots of a proposed 5 -18 -81 -10- subdivision to be known as Howe Addition. He pointed out the Planning Commission recommended approval of Application 61028 at its May 7, 1981 meeting. The Director of Planning & Inspections presented and reviewed for Councilmembers pages 2 through 9 of the minutes of the May 7, 1981 Planning Commission meeting and also the Planning Commission information sheet prepared for Application 81028. The Director of Planning & Inspections reviewed the location of the subject parcel and explained the applicant is seeking preliminary plat approval to replat into parcels, the land in Brooklyn Center that makes up the Howe Fertilizer operation and the residential property at 3129 49th Avenue North. The property in question is bounded by state acquired property and the City of Minneapolis on the East, by the Soo Line Railroad tracks on the South; by the residence at 3135 49th Avenue on the West; and by 49th Avenue North on the North. He explained Section 35 -540 of zoning ordinance requires the combination into a single parcel of land through platting or registered land survey of multiple parcels of land under common owner- ship and which are contiguous and adjacent and are proposed to serve a single development use. He noted Howe, Inc. requested a variance from this requirement under Planning Commission Application 79069 in December, 1979 and added that this Application was ultimately denied by the City Council and that the plat proposed this evening would satisfy that condition of the zoning ordinance. The Director of Planning & Inspections explained, the Planning Commission, at its May 7, 1981 meeting discussed site drainage of the area rather extensively and noted that drainage from the area flows into Ryan Lake. He explained there is no means for preventing contaminated runoff from flowing into Ryan Lake if some type of spill or accident occurs. He explained the City Engineer recommended some type of interim drainage plan be adopted in line with the recommendations of the Hickok report. The Director of Planning & Inspections pointed out the Planning Commission held a public hearing on Application 81028 at its May 7, 1981 meeting and that the commission had recommended approval of the preliminary plat subject to five conditions which he reviewed for Council members. The Director of Public Works reviewed the existing drainage of the subject parcel and explained there is no way to isolate the drainage on site if it should become contaminated. He added there is an additional concern where under storm conditions care must be taken not to cause any flooding for persons upstream from Ryan Lake. The Director of Public Works explained the Hickok report recommends an emergency dike be constructed which would hold one million gallons of water in conjunction with closing off the catch basin to contain the water on the Howe site while allowing normal drainage to flow from upstream of Ryan Lake. The Director of Planning & Inspection stated the Planning Commission held a public hearing on Application 81028 at its May 7, 1981 meeting and that the proper notices of the meeting this evening had been set. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application 81028. Mayor Nyquist recognized Mr. Leo Hanson of 4903 Brooklyn Blvd. who requested the exact location of 4821 Xerxes Avenue. Director of Planning & Inspections replied 5 -18 -81 -11- that 4821 Xerxes was the address of Howe, Inc. Mr. Hanson also requested clarification of the Planning Commission application. The City Manager explained that the application would combine the separate parcels now in existence into a single parcel or lot and that no zoning change is comprehended in this application. He pointed out that the city code requires the actions comprehended in this application. At the request of a member of the audience the City Attorney explained the first zoning in the area occurred in 1940 and the area now occupied by Howe was zoned completely residential. The second zoning, he pointed out, was undertaken in 1946 where four small lots were zoned industrial. In 1956, he pointed out, an additional strip 50' wide on the north edge of Howe, Inc. was rezoned industrial and in 1957 the second comprehensive zoning was undertaken and the Howe plant was zoned industrial and a 100' setback was imposed on the plant. The City Attorney explained in 1967 the city reduced the buffer strip for all industrial properties in the city from 100' to 50'. He noted there was no plan to rezone any of the property in the Howe site and in fact after the property is platted the property cannot be rezoned for a minimum of two years. The Director of Planning & Inspections stated that the platting comprehended in the application cleans up a cumbersome legal description now in effect on the various parcels on the site. Mayor Nyquist inquired what the Council's wishes were regarding the application. There was motion by Councilmember Fignar, and seconded by Councilmember Lhotka to approve Application 81028 a request for preliminary plat approval for the proposed Howe Addition, subject to the following conditions: 1. The final plat is subject to approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City's ordinances. 3. The Hickok (Interim Considerations) for drainage is adopted as an interim conceptual drainage plan with final details to be approved by the City Engineer prior to the issuance of building permits for construction on the site. 4. Prior to final approval, an agreement shall be executed, in a form to be determined by the City Attorney, to bind the remnant parcel of the Howe Industrial site located in the City of Minneapolis to Lot 1, Block 1, of the proposed Howe Addition. The agreement shall be filed_ with the title to the property. 5. A certificate of survey of all property leased by Howe, Inc. from the Soo Line shall be submitted prior to final plat approval. Mayor Nyquist recognized Mr. Tom Howe who inquired whether Conditions 1 & 2 were standard and normal conditions required in plat approval. Mayor Nyquist replied that they were standard conditions in preliminary plat approval. Mr. Howe then stated that with regard to Condition No. 5 no description exists which could provide a certificate of survey but that Howe, Inc. will give what information it has to the City. The Director of Planning & Inspections stated that the condition is an attempt to determine the areas that are being used in there 5 -18 -81 -12- designated and approved uses. The Director of Public Works explained the intent is to eliminate as many unknowns as possible with the preliminary plat and that the City staff will work with Howe, Inc. and the surveyors to obtain the best survey results possible. Mayor Nyquist called for a vote on the motion on the floor. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none, the motion passed. ORDINANCES The City Manager introduced an ordinance amending the Brooklyn Center Charter and explained the public hearing on the proposed Charter amendment amending Section 12.05, Sales of Real Property, was held at the April 6, 1981 City Council meeting. He noted the ordinance amendment was offered for first reading at the April 20, 1981 meeting, published on April 30, 1981 and was placed on the agenda for second reading this evening. The City Manager explained the ordinance amending the City charter requires a unanimous vote of the City Council and in the absence of Councilmember Kuefler he would recommend that consideration of the ordinance amendment be laid over until the June 8, 1981 meeting. The City Manager introduced an ordinance amending Chapter 3 of the City ordinances adopting the state building code by reference and deleting permit fees and explained the ordinance is presented for a first reading this evening. There was a motion by Councilmember Scott, seconded by Councilmember Lhotka to offer for first reading an ordinance amending Chapter 3 of the City ordinances adopting the 1980 Minnesota State Building code by reference and deleting permit fees. Voting in favor: Mayor Nyquist, Councilmembers Fignar, and Lhotka, and Scott. Voting against: none, the motion passed. The City Manager introduced an ordinance amending Chapters 15,'34, and 35 of .the City ordinances by deleting certain fees and explaining the ordinances presented for first reading this evening. There was a motion by Councilmember Lhotka, seconded by Councilmember Fignar, to offer for first reading an ordinance amending Chapters 15, 34, and 35 by deleting certain fees. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none, the motion passed. PROPOSAL FOR UMBRELLA INSURANCE COVERAGE The City Manager introduced the next agenda item which was a proposal for Umbrella Insurance coverage for the City and stated that it is recommended a motion be made by the City Council approving the proposal for umbrella insurance coverage for the City. The Director of Finance explained that in 1978, umbrella coverage was dropped due to the high cost but that in 1981 the premium for umbrella coverage is approximately 400 less than the 1980 premium. He added, the City can obtain $5,000,000 of umbrella coverage for $13,800 per year. There was a motion by Councilmember Fignar, and seconded by Councilmember Scott, to approve the proposal for umbrella insurance coverage submitted by Interstate Fire & Casualty Insurance Company in the amount of $13,802. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none, the motion passed. 5 -18 -81 -13- DISCUSSION ITEMS CREEK VILLAS TOWNHOUSE DEVELOPMENT The City Manager explained that he and the City Assessor had met with Mr. Dick Lichtenberg representing the Creek Villas Townhouse Home Owners Association to discuss the association's request to have the City provide sealcoating for the private roadways in the Creek Villa development or to provide some tax breaks in lieu of providing the sealcoating service. In discussions with Mr. Lichtenberg the idea of requesting some type of tax equity at the state level emerged as a possible approach to Creek Villa's concerns. He noted that with the approval of the Council the City staff will work with the Homeowners Association as they do with developers in the City providing information and suggestions in helping them approach the state legislature with their concerns. He pointed out that part of the problem is that single family homes and townhouses are now classed as the same type of property and state law provides no means to give the town- house any kind of tax break even though they may not be receiving the same kind of City services as would a single family home. There was a general Council concurrence with the staff recommendation to provide data and information to the Creek Villa Townhouse Homeowners Association with regard to their goal of obtaining some type of tax equity at the state level. EARLE BROWN FARM DEVELOPMENT The City Manager introduced the next discussion item and stated that there was no request for Council action on this item but that he wanted to make the Council aware of the current status of the Earle Brown farm buildings. Mayor Nyquist recognized Mr. Roger Newstrum, representing the Earle Brown Farm, who stated that one of the concepts being considered for the buildings is to move them into a closer and tighter compound to preserve them and to eventually make economic use of the buildings. He stated it was his hope that the buildings could be upgraded to turn them into some type of productive use. Mayor Nyquist inquired of Mr. Newstrum what he foresaw for the Earle Brown Farm in the next 10 to 15 years. Mr. Newstrum stated that he would hesitate to speculate on that long a time period. Councilmember Fignar stated in his opinion, once the buildings are lost they can't be replaced and that he believes an effort should be made to preserve them. Mayor Nyquist recognized Mr. Dennis Gimmestat from the State Historical Society who stated that the Society would like to see the building's remain on the original site in that they are a substantial historical asset. He also explained that there are certain tax advantages in restoration. He added that the site is not now on the national register and that currently no federal funds would be available for restoration. Mr. Neustrom stated that he believes a value judgment must be made by the community whether or not they feel it is important to preserve the buildings. He added that the Earle Brown Farm is willing to commit their resources to restoring the buildings. Mayor Nyquist stated that he would like to see some type of response regarding the buildings from the State Historical Society, the local chamber, and the local historical society. The City Manager stated that staff would attempt to obtain some type of input from these groups within the next 30 to 45 days. Councilmember Scott stated she was interested in seeing the hippodrome and major barn on the site preserved. 5 -18 -81 -14- CITIZEN ATTITUDE/PREFERENCE SURVEY Tne City Manager stated that the survey included in the Council packets this evening is the final draft of the citizen attitude and preference survey and that only some minor wording revisions are necessary to make it a usable document. Councilmembers briefly discussed the survey and it was a general consensus among Councilmembers that the survey was acceptable. Mayor Nyquist recognized Sharon Schmickle who has been working with the staff in developing the survey. Mrs. Schmickle pointed out that, essentially, the survey the Council has before them this evening is complete but that some minor changes are necessary to make the survey one that would elicit a valid response from the chosen sample of Brooklyn Center residents. MN /DOT PUBLIC HEARING ON PROPOSED TRUNK _H IGHWAY 610 & TRUNK HIGHWAY 252 The Director of Public Works explained that, on June 24 & 25 MN /DOT will conduct a public hearing on the proposed T. H. 610/ T. H. 252 Improvement Project. He explained the project has been a subject of a detailed environmental impact study which has been under preparation during the past 3 years. He pointed out that under MN /DOT's plan the first phase of construction will consist of the new pro- posed T. H. 610 bridge across the Mississippi River, the connection easterly to T. H. 10, and the connection to T. H. 252 and the construction of T. H. 252 from the T. H. 610 bridge to I -94 in Brooklyn Center. The Director of Public Works proceeded to review the proposed construction traffic volume for the various alternatives for the project including the no build alternative, partial build, and full build alternative. Councilmember Lhotka left the table at 10:55 p.m.. The Director of Public Works pointed out that the City of Brooklyn Center had to date supported an all or none position regarding the proposed development. He added while there is little doubt that the full build alternative would be most desirable, MN /DOT's funding position makes that an impossible goal. Accordingly, he pointed out if MN /DOT's faced with the all or none choice, there is no question that their response will be none, that is, the no build alternative. Councilmember Lhotka returned at 10:57 p.m. The Director of Public Works explained the public hearing on the proposed project will be held on June 24 at 8:00 p.m. at the Monroe School in Brooklyn Park and on June 25 at 8:OO p.m. at the Adams School in Coon Rapids. The Director of Public Works explained the staff position on the project is that the staff supports the proposed first phase construction and strongly supports the second phase construction project to extend I -94 westerly to County Road 18 (T. H. 52) with either a permanent or interim roadway construction project. After brief discussion by the City Council of the proposed project there was a motion by Councilmember Scott, and seconded by Councilmember Fignar, to support the staff position on the proposed T. H. 610 and T. H. 252 project. Voting in favor: Mayor Nyquist, Councilmembers Fignar and Scott. Voting against: Councilmember Lhotka. The motion passed. GIRL SCOUT /LIBRARY SITE Mayor Nyquist stated he would like to discuss an item that was not on the agenda and involved the use of the old library site by the Girl Scout's as a twin cities headquarters. Mayor Nyquist recognized Mr. Roger Neustrom who stated that the 5 -18 -81 -15- Girl Scout's are looking for office space in the area and that the old library site seems to be suited to their needs. He explained further that the parking requirements of the Girl Scouts would be somewhat less than the parking required to support the library. He noted that the excess .land on the proposed site not needed by the Girl Scouts comprises approximately .7 of an acre and would support a small building of some kind. He pointed out the City's planning guide lines require commercial lots along Brooklyn Boulevard to be 1 acre and this .7 of an acre would of course be under the 1 acre guideline. He added that the Girl Scout Association has entered into an agreement to buy the old library building. The City Manager pointed out that the staff's concern is that the .7 acre parcel would be created and that development of the parcel could be difficult because of its size. Councilmember Fignar left the table at 11:18 p.m. Mayor Nyquist recognized representative from the Girl Scout Association who stated that the City's parking requirements for the site is really more than as needed for the Girl Scout's activities at the old library site. The City Manager stated that if a proof of parking plan can be demonstrated by the Girl Scout Association this may be sufficient to establish the required amounts of parking spaces for the Girl Scout's activities. Councilmember Fignar returned at 11:20 p.m. GAMBLING LICENSE The City Manager introduced the next agenda item which was a request for a Class B gambling license for St. Alphonsus Catholic Church Men's Club. He noted the staff has reviewed the application and is recommending approval of the gambling license. There was a motion by Councilmember Scott, and seconded by Councilmember Fignar to approve the Class B Gambling License for St. Alphonsus Catholic Church Men's Club. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none, the motion passed. There was a motion by Councilmember Lhotka, and seconded by Councilmember Scott, to waive the $10,000 fidelity bond in conjunction with the Class B Gambling License for St. Alphonsus Catholic Church Men's Club. Voting in favor: Mayor Nyquist, Councilmember Fignar, Lhotka, and Scott. Voting against: none, the motion passed. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve the following list of licenses: FOO ESTA -I T L Brooklyn Center Babe Ruth 1706 72nd Ave. N. Evergreen Park 7112 Bryant Ave. N. Grandview Park 1600 59th Ave. N. GAI-1BLI LICENSE St. Alphonsus i•len's Club 7025 Halifax Ave. N. ITINERANT _F EST;'XLISH'•IE LICENSE Sears Roebuck Brookdale Center 5 -18 -81 -16- MECHANICAL SYSTEM'S LICEN Northwestern Services, Inc. 2296 Territorial Rd. RENTAL DWELLING LICENSE Initial: Larry Fields 6618 Camden Dr. Jon Lindman 1600 Irving Ln. Edwin'E. Kauff_mann 5716 -5720 Logan Ave. 6400 Meyering 6400 Major Ave. N. Nancy & Jack Huang • 3518 Woodbine Ln. W.E. Goins 5930 Zenith Ave. N. Eugene W. Hess 3218 63rd Ave. N. Jack Luang 5419- 70th Circle Renewal: Norman Chazin Brookdale Manor Apts. Lang- Nelson Associates Chalet Courts -Columbus Village Partnership Columbus Village Apts. _Norman Chazin Four Courts Apts. Norman Chazin Northbrook Terrace Apts. ,Norman Chazin Northlyn Apts. David Jensen 5501. Brooklyn Blvd. ._ Norman Chazin 6037 Brooklyn Blvd. -- Thomas B. Egan 5239,41 Drew Ave. N. °R.J.S. Properties 5240 Drew Ave. N. 'John S. Tschohl 6737 Drew Ave. N. Mike Sonnack 6637 Humboldt Ave. N. Transfer: Har_shad Bhatt 7206 -7212 W. River Rd.. SIGN HANGER' LI Suburban Lighting, Inc. 6077 Lake Elmo Ave. N. Voting in favor; Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none, the motion passed. CABLE TV MEETING The City Manager informed Councilmembers that on May 27, 1981 from 7 :00 p.m. to 10:00 p.m. in the Brooklyn Center Civic Center Social Hall the three bidders on the Northwest cable system will be making presentations. He added that the final reports on the evaluation of the bidders will be completed by the middle of June and that a public hearing is scheduled by the Northwest Suburbs Cable Communications Commission for June 29 and the public hearing on the franchise ordinance is scheduled for some time in July. He also pointed out that in June various members of the Cable Commission will be making visits to view cable systems already in operation by each of the three bidders on the Northwest system. He inquired whether the City Council feels it is necessary to send a representative from Brooklyn Center on the visitation trip. 5 -18 -81 -17- Councilmember Scott informed Councilmembers that the Cable Commissions consultant has completed approximately 800 of the evaluation of the three bidders and his conclusion is that the three companies are very close and their bids. She added that the additional 20% of the evaluation will be accomplished thru the visitation and the assessment of how well the cable companies meet the local needs of the communities in the Northwest group. She emphasized that the last 20% of the evaluation will likely decide the company that receives the bid. Councilmember Scott inquired of the Council whether they felt comfortable with making a decision ' on the cable system without either herself or the City Manager participating in 'the visitation trip. Councilmember Lhotka stated he had no problem with Council- member Scott and the City Manager not participating in the visitation. Council- member Fignar stated he would like to see at least one representative from Brooklyn Center participate in the visitation, noting that he believes it is important for a representative from Brooklyn Center to view the actual operations of the three applicants for the cable system. The--'City Manager stated that he would participate in one of the visitations, that being the first trip which would include cable systems in the Los Angeles area. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar, to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none, the motion passed. The Brooklyn Center City Council adjourned at 11:39 p.m. j/ Clerk Mayor 5 -18 -81 -18-