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HomeMy WebLinkAbout1980 07-07 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 JULY 7, 1980 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:00 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Bill Fignar, and Celia Scott.. Also present were Administrative Assistant Tom Bublitz, Superintendent of Engineering Jim Noska, Director of Finance Paul Holmlund, Director of Planning and Inspection Ron Warren, and City Attorney Richard Schieffer. Mayor Nyquist noted that Councilmember Lhotka was out of town and would be absent from this evening's meeting. INVOCATION The invocation was offered by Councilmember Bill.Fignar. APPROVAL OF MINUTES - JUNE 23, 1980 Mayor Nyquist noted that certain corrections had made on page eight of the June 23, 1980 City Council minutes. The corrections involved changes in the valuations established by the Board of Equalization and it was noted that the valuation in Case No. 1 should be changed from $75,900 to $74,400, the valuation in Case No. 2 should be changed from $40,500 to $37,500 and the valuation in Case No. 8 should be changed from $65,000 to $51,000. There was a motion by Councilmember.Scott and seconded by Councilmember Fignar to approve the minutes of the City Council meeting of June 23, 1980 with the noted corrections. Voting -in favor: Mayor Nyquist, Councilmembers Fignar and Scott; voting against: none, the motion passed. OPEN FORUM Mayor Nyquist noted that the Council had not received any requests to use the Open Forum session at this evening's meeting. He inquired of the audience if anyone was present who wished to address the Council. There being none, the Mayor proceeded with the regular agenda items. REQUEST BY VILLAGE BUILDERS, INC. FOR A SIX MONTH EXTENSION OF THE TIME FOR FILING FINAL PLAT OF NORTHBROOK ESTATE SUBDIVISION Administrative Assistant Bublitz introduced the next agenda item which was a -request for an extension on the time limit for filing a final lat. He explained � g P the subdivision ordinance requires the developer to file the final plat within six months after approval of the preliminary plat and that Village Builders, Inc. has requested a six month extension of this time limit. He added that the staff has no objections to approval of this request. Councilmember Fignar inquired why Village Builders was making the request. The Superintendent of Engineering explained that, in the estimation of Village Builders, Inc., the financial market was not right at this time for the project. 7 -7 -80 -1- There was a motion by Councilmember Fignar and seconded by Councilmember Scott to approve the request by Village Builders, Inc. for a six month extension of the time for filing the final plat of Northbrook Estates Subdivision. Voting '•iri' favor: Mayor Nyquist, Councilmembers Fignar and Scott; voting against: none, the motion passed. RESOLUTIONS Administrative Assistant Bublitz introduced a resolution establishing Reforesta tion.Project No. 1980 -21 and ordering preparation of plans and specifications. He explained this project comprehends the planting of shade trees as replace- ments for diseased shade trees removed under Diseased Shade Tree Removal Contract 1980 -B. Councilmember Scott asked how many trees had been removed , under the contract to date. The Superintendent of Engineering explained that he did not have an exact count of the number of trees removed since the pro'- gram was just beginning, but he noted that approximately 80 trees will be planted to replace the trees removed under the program. RESOLUTION NO. 80 -149 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING REFORESTATION PROJECT NO. 1980 -21 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Councilmember Kuefler arrived at 7:05 p.m. Administrative Assistant Bublitz introduced a resolution approving plans and specifications for Reforestation Project No.- 1980 -21 and directing solicitation of quotations (Reforestation Contract 1980 -J). He explained that the solici- tation of quotations for this work is recommended since the estimate for the work is less than $10,000. RESOLUTION NO. 80 -150 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR REFORESTATION PROJECT NO. 1980 -21 (REFORESTATION-CONTRACT 1980 -J) The motion for the adoption of the foregoing I resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Administrative-Assistant Bublitz introduced a resolution consolidating projects for Shingle Creek Parkway and explained that, for assessment purposes and con - venience of administration, it is proposed to combine all projects for the construction of Shingle Creek Parkway under one project. 7 -7 -80 - -2- RESOLUTION NO. 80 -151 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION RE- ESTABLISHING AND CONFIRMING THE CONSOLIDATION OF PUBLIC IMPROVE- MENT PROJECT FOR STREET GRADING, BASE, SURFACING, CURB, GUTTER AND SIDEWALK ON SHINGLE CREEK PARKWAY 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, Tony Kuefler, Bill Fignar, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Administrative Assistant Bublitz introduced the next agenda item and explained that only one bid had been received for the construction of the Brooklane Park Shelter Building (Contract 1980 -I) and that this bid of $39,727 was consider- ably higher than the engineering estimate. The Superintendent of Engineering stated that the staff is recommending the rejection of this bid and has pre - pared a resolution to formally reject the bid. He explained that part of the problem with the bidding on this item was that the time allotted for the bids, which was ten days, did not allow the contractors to line up the required subcontractors for the project. Councilmember Kuefler inquired what the alternatives were for this project. The Superintendent of Engineering explained that there were two apparent alternatives, one being to readvertise for the project and the other being to negotiate with the company that submitted the single bid. Councilmember Kuefler stated that he believed it was important to have a quality building at this park and did not want to change the type . of building proposed. Councilmember Fignar inquired whether staff believed the City could obtain a better bid on the project if it were readvertised. In response to Councilmember Fignar's question the Superintendent of Engineering stated that, if the City readvertises, we may obtain a better bid and that the staff will return to the Council at the next meeting with a recommendation. Councilmember Kuefler stressed that it was essential to get a good serviceable building at Brooklane Parka RESOLUTION NO. 80 -152 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION REJECTING CONSTRUCTION CONTRACT BIDS FOR SHELTER BUILDING CONTRACT 1980 -I (BROOKLANE PARK) 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, Tony Kuefler, Bill Fignar, and Celia Scott; and .the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Administrative Assistant Bublitz introduced a resolution authorizing execution of'Traffic Control Signal Agreement No. 60042 for a signal system at the inter- section of T. H. 152 (Brooklyn Boulevard) and 65th Avenue North. He explained that MN /DOT has prepared plans and specifications for this project and will open bids on August 20, 1980. He pointed out that the proposed agreement provides for a 50/50 construction cost split and requires the City to provide electrical power and to relamp, clean and paint the signals. 7 -7 -80 -3- RESOLUTION NO. 80 -153 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT NO. 60042 WITH MN/DOT AND AUTHORIZING EXECUTION THEREOF The motion for.the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler., Bill Fignar, and Celia Scott; and the following voted against the same: none, whereupon said resolution was, declared duly passed and adopted, Administrative Assistant Bublitz introduced a resolution authorizing execution of Traffic Control Signal Agreement No. 60046 for the signal system at the intersection of Humboldt Avenue and 65th /Freeway Boulevard. He explained the City has prepared plans and specifications for this project and will open bids on July 15, 1980. He noted that the proposed agreement provides that the State will pay 25% of the construction and engineering costs but requires the City to assume the entire cost for the operation and maintenance of this system. Council - member Fignar inquired whether construction would begin this year on the project. The Superintendent of Engineering explained that a July 15, 1980 bid letting is anticipated and that construction would begin this year. He pointed out that the City is required to perform all maintenance on this system and that the City will likely contract with Hennepin County for maintenance of this traffic control signal. RESOLUTION NO. 80 -154 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT NO. 60046 WITH MN /DOT AND AUTHORIZING EXECUTION THEREOF 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, Tony Kuefler, Bill Fignar, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. DISCUSSION ITEMS Administrative Assistant Bublitz introduced the first discussion item which was an amendment to the Suburban Police Recruitment System Joint Powers Agree- ment. He stated it is recommended that a motion be made by the City Council approving an amendment to the Suburban Police Recruitment System Joint Powers Agreement and authorizing the Mayor and City Manager to execute the First Amendment to the Joint Powers Agreement. There was a motion by Councilmember Kuefler and seconded by.Councilmember Fignar to approve the First Amendment to the Joint and Cooperative Agreement which established the Suburban Police Recruitment System and authorizing the Mayor and City Manager to execute the First Amendment to the Suburban Police Recruitment System Joint and Cooperative Agreement. Voting in favor: Mayor Nyquist, Councilmembers Kuefler,' Fignar, and Scott; voting against: none, the motion passed unanimously. 7 -7 -80 -4- i Administrative Assistant Bublitz introduced the next agenda item which was Hennepin County's proposed policy for the private sale and conveyance of tax forfeited property. He. pointed out that Hennepin County has invited comments on this proposed policy and referred Councilmembers to a memorandum from Administrative Assistant Hoffman which outlined the staff's comments on this proposed policy. Councilmember Kuefler commented that the policy proposed by Hennepin County appears to be out of line with the State law regulating the conveyance of tax forfeited land: The City Attorney stated that the State Statute provides several avenues for conveyance of tax forfeited land. He noted that the City can veto the classification of tax forfeit land, as designated by the County, explaining that the two types of classifications were nonconservation and conservation land, with the conservation classification being land that would not be sold at public sale. He pointed out, another facet of the State Statute provides that the City can purchase tax forfeit property for cash. Council - member Kuefler stated that he agrees with the County's policy in situations where cities obtain tax forfeited land and sell it to third parties. He pointed out, however, that the City of Brooklyn Center has not done this and that he believes the County's resolution with regard to changing the policy on the conveyance of tax forfeited land is all too inclusive. The City Attorney pointed out that a private sale does not necessarily mean a sale to an individual and noted that a private sale may mean a sale between the - City and the County. He stated that he sees nothing in.the County's proposed resolution that is contrary to State law. Councilmember Kuefler stated that he is in favor of the current practice of conveying tax forfeited lands to cities for public purposes. He stated that he would not object to paying for the tax forfeited land where a sale to a private individual is involved and where the City would pay the appraised value of the land and sell it to an individual for the same amount. He stated, however; that he would like to see the policy remain the same in situations where the City acquires tax forfeited land.for public purpose uses. Councilmember Scott stated that she has a problem with the portion of the resolution which requires the tax forfeited land to be up for public sale for two years before it can be* conveyed to the cities without compensation. She explained that in most cases, the tax forfeit land is submarginal to begin with and has already been unused for seven years and she believes that the two year waiting period is too long. Administrative Assistant Bublitz requested that the Council authorize the staff to prepare a letter to be sent to the County which would convey the Council's concerns over Hennepin County's proposed policy regarding tax forfeited land. There was a motion by Councilmember.Kuefler and seconded by Councilmember Scott to authorize the•City staff to convey the Council's concerns to Hennepin County regarding the County's proposed resolution on tax forfeited property. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott; voting against: none, the motion passed unanimously. Administrative Assistant Bublitz introduced the next discussion item and ex- plained that the staff will report on the bids received on the lighting system for the two softball fields'in Central Park and noted that the low bid received had exceeded the engineering estimate. The Superintendent of Engineering explained that the engineering estimate for the lighting of the two softball fields was $113,000 and that the low bid received for .this pro- ject was $132,600. He stated the staff believes the bids received for the project were competitive and that the staff would like an opportunity to 7 -7 -80 -5- investigate the bids further and would request that the Council table action on this item until the next Council meeting.. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to table consideration of the bids received for Central Park athletic field lighting system to the July 21, 1980 City Council meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler,.Fignar, and Scott; voting against: none, the motion passed unanimously. • r LICENSES There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve the following list of licenses: FOOD ESTABLISHMENT LICENSE A & W Restaurant 6837 Brooklyn Blvd. (New owner - Robert Uhlhorn) GARBAGE & REFUSE COLLECTION VEHICLE LICENSE Block Sanitation 6741 79th Ave. No. Brooklyn Disposal 1014 Klondike Dr. - G & H Sanitation, Inc.' 12448 Pennsylvania Ave. So. Maroney's Service 9209 Lansing Ave. No. Robbinsdale Transfer 5232 Hanson Court W & W Disposal 501 84th Ave. N.E. ITINERANT FOOD ESTABLISHMENT LICENSE Fabian Seafood Company Galveston, TX (6245 Brooklyn Blvd.) R MECHANICAL SYSTEM'S LICENSE Blaine'Heating 13562 Central Ave. N.E. Centraire Heating 13025 Pioneer Trail ESP Heating Co. 511 West 7th Street SIGN HANGER'S LICENSE Crosstown Sign, Inc. 2201 Dickens Lane Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar and Scott; voting against: none, the motion passed unanimously. PLANNING COMMISSION ITEMS Administrative Assistant Bublitz introduced Planning Commission Application No. 80008 submitted by Osseo - Brooklyn Bus Company for site and building plan and special use permit approval to construct a 120 foot by 212 foot school bus garage at 4455 68th Avenue North. He explained this application was tabled by the Planning Commission at its June 12, 1980 meeting and was recommended for approval at the June 26, 1980 Planning Commission meeting. The Director of Planning and Inspection presented and reviewed the Planning Commission information sheet for Application Teo. 80008. He.noted that the application was first considered in March of this year: He explained that the applicant is proposing the building at the south end of the site and that the applicant also proposes . a brick exterior treatment for the building. He noted that the building will house up to fifty buses but that only thirty- eight buses will actually be housed in the building. He noted that the 7 -7 -80 -6- application was tabled for revisions to the original site plan, as indicated in the Planning Commission information sheet for Application No. 80008. He explained that the revisions to the original site plan had been completed prior to the June 26, 1980 Planning Commission meeting and that the Planning Commission recommended approval of Application No. 80008 subject to thirteen conditions. Councilmember Kuefler inquired whether the Osseo- Brooklyn Bus Company has purchased the entire site. The Director of Planning and Inspection stated that the company has purchased all of the property on the site. He added that, condition number thirteen set by the Planning Commission regarding the landscape plan can be stricken from the conditions as it has been completed by the applicant. He noted that the notices of the public hearing on the special use permit have been sent and that the applicant is present at this evening's meeting. Mayor Nyquist opened the.meeting for the purpose-of a public hearing on Planning` Commission Application No. 80008. Mayor Nyquist inquired whether there was anyone present, who wished to speak in opposition to the application. No one appeared to speak against the application. He then asked if there was anyone present who wished to speak in favor of the application. No one appeared to speak on Planning Commission Application No. 80008. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to close the public hearing on Planning Commission Application No. 80008. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott; voting against: none, the motion passed unanimously. The Director of Planning and Inspection pointed out that the =staff has authorized soil correction work on the site but that no building permits have been issued for this project. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to approve Application No. 80008 for site and building plan and special use permit approval to construct a 120 foot by 212 foot school bus garage at 4455 68th Avenue North, subject to the following conditions: 1. The permit is subject to all applicable codes, ordinances and regula- tions and violation thereof shall be grounds for revocation. 2. The permit is issued to the applicant as operator of the facility and 'is nontransferable. 3. Building plans are subject to review and approval by the Building Official prior to the issuance of permits. 4. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer prior to the issuance of permits. 5. The site performance agreement and supporting financial guarantee (in an amount to be determined by the Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 6. B612 curb and gutter shall be provided around all parking and driving areas except in the deferred area where rolled bituminous is acceptable until required improvements are installed. 7 -7 -80 -7- 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. S. The entire building is to be equipped with an automatic fire extin- guishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City .Ordinances. 9. An underground irrigation system-'shall be installed in all land- scaped areas to facilitate site maintenance. 10. Any outside trash disposal facilities or rooftop mechanical equipment shall be appropriately screened from view. 11. Landscaping improvements for the north portion of the site may be deferred for a period not to exceed three years from the issuance of the building permit. If no development occurs by that time, the property shall be fully landscaped in accordance with the landscape plan approved by City. The financial guarantee shall not be _released in its entirety until this condition has been satisfied. 12. Installation of fuel tanks will be subject to review and approval by the State Fire Marshal: Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott; . voting against: none, the motion passed unanimously. Administrative Assistant Bublitz introduced Planning Commission Application No. 80019 submitted by John Maertens for a variance from section 35 -400 of the City Zoning Ordinance to allow an addition to a house at 6417 Colfax Avenue North which is nonconforming as to the rear yard setback. He explained the Planning Commission recommended approval of Application No. 80019 at its June 26, 1980 meeting. The Director of Planning and- Inspection presented and reviewed the Planning Commission information sheet prepared for Application No. 80019. Councilmember Kuefler. left the table at 8:05 p.m. The Director of Planning and In stated that the basic issue in this application is whether a variance should be granted to expand a structure with a nonconforming rear yard- setback. He pointed out that nonconforming struc- tures have been.allowed to expand while the policy on nonconforming uses is that they have not been allowed to expand. Councilmember Kuefler returned to the table at 8:07 p.m. The Director of Planning and Inspection stated that the proper notices for the public hearing on the special use permit request had been sent and that the applicant was present at this evening's meeting. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 80019. He inquired whether there was anyone present who wished to speak on the application. No one appeared to speak on.the application. There was a motion by Council- member Scott and seconded by Councilmember Fignar to close the public hearing 7 -7 -80 -8- on Application No. 80019. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott; voting against: none, the motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve Planning Commission Application'Pdo. 80019, a request for a variance from section 35 -400 and 35 -111 of the Zoning to allow the expansion of a structure which is nonconforming as to rear yard area, on the grounds that the standards for a variance are met. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott; voting against: none, the motion passed unanimously. Mayor Nyquist inquired whether there was any other business to be considered at this evening's meeting. Administrative Assistant Bublitz noted that a press release has been prepared regarding the construction work on T. H. 94 between T. H. 152 and T. H. 252 and that the Superintendent of Engineering was prepared to comment on this press release. The Superintendent of Engineering stated that the press release has been prepared by MN /DOT and that it points out that the Dupont Avenue bridge will be closed to vehicular' traffic on July 14 but will remain open to pedestrian traffic. He stated that he has contacted the school district and the City police and fire departments, along with the MTC, regarding these changes. He explained that construction on the Dupont Avenue bridge will be completed in the fall of 1981. He pointed out that the City staff will meet with MN /DOT to resolve the.truck route and traffic circulation problems next week and will return to the City Council with a complete report. He explained that MN /DOT is looking at restricting the westbound traffic on I -94 to one lane. He also noted that MN /DOT is considering closing the Humboldt Avenue bridge this year. Councilmember Kuefler inquired whether any by -pass road could be built during the I -94 construction. The Superintendent of Engineering stated that it does not appear to be feasible on this project but that the staff will have a more complete report at the next Council meeting. Councilmember Kuefler stated that he would like to see some type of by -pass br interim roadway constructed if at all possible. Mayor Nyquist stated that he has recently received some comments expressing concern over Brooklyn Center's position on the Joint Powers Agreement for the Northwest Suburbs Cable Communications Commission. The City Attorney stated that there will be a meeting between the legislative subcommittee of the Cable Communications Commission and Mr. Tom Creighton, one of the attorneys i in the law firm representing the City, on Wednesday of this week. He added that, it is his understanding that consideration is being given to redrafting the entire Joint Powers Agreement for the Cable Communications Commission. Councilmember Kuefler stated that he met with Mr. Robert Spece of the Brooklyn Center School Board and indicated that he is interested in meeting with the City to discuss several items including Firehouse Park and the current I -94 construction. Councilmember Kuefler requested Administrative Assistant Bublitz to set up a meeting between the City Council and the School Board in the near future. 7 -7 -80 -9- " ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Fignar to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott; voting against: none, the motion passed unanimously, The Brooklyn Center City Council adjourned at 8:40 p.m. C1 rk Mayor 7 -7 -80 -10-