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HomeMy WebLinkAbout1980 08-11 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 SESSIOlJ AUGUST 11, 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 7:03 p.m. i ROLL CALL Mayor Dean Nyquist, Councilmembers Tony Kuefler, 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, Parks & Recreation Director Gene Hagel, City Attorney Richard Schieffer, Planning Assistant Gary Shallcross, and Administrative Assistants Brad Hoffman and Tom Bublitz. INVOCATION The invocation was offered by Pastor Backie of the Brooklyn Center Evangelical Free Church. APPROVAL OF MINUTES - REGULAR SESSION JULY 21, 1980, SPECIAL SESSION JULY 31, 1980 The City Manager noted a correction in paragraph four on page 17 of the July 21, 1980 Council minutes and stated that the dollar amounts of $60,000 and $70,000 should be changed to $600,000 and $700,000. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the minutes of the City Council meeting of July 21, 1980 with the correction noted by the City Manager. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. 'There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve the minutes of the special City Council meeting of Julv 31, 1980 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. Councilmember Lhotka abstained as he was not present at the July 31, 1980 special meeting. The motion passed. OPEN FORUM Mayor Nyquist opened the meeting for the purpose of the Open Forum session. He stated that the Council had not received any requests to use the Open Forum session this evening and inquired if there was anyone present who wished to address the Council as part of the Open Forum; there being none, Mayor Nyquist proceeded with the rest of the agenda items. - FINAL PLAT APPROVAL - NORTHBROOK ESTATES The City Manager stated that the final plat of Northbrook Estates located at 58th and Logan Avenues North was submitted for final approval. The Director of Public Works stated that the staff is recommending approval of the final plat of Northbrook Estates subject to two conditions. The City Attorney stated that the two conditions to be met before final plat approval are the receipt of the improvement bond and the receipt of an abstract or a title opinion on the property. There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to approve the final plat of Northbrook Estates located at 58th and Logan Avenues North subject to the following conditions: 8 -11 -80 -1- i 1. The owner must submit an improvement bond for the work comprehended by the plat. 2. The owner must provide an abstract or title opinion on the property. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. PERFORMANCE BOND RELEASES The City Manager referred Council members to a memorandum from the City's Building Official to the Director of Planning and Inspections regarding performance bond releases for Brookdale Six Office Building and the Pyramid gas station and noted that the staff is recommending approval of the performance bond releases. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the performance bond releases for Brookdale Six Office Building located at 5901 John Martin Drive in the amount of $25,000 and the Pyramid gas station located at 2605 County Road 10 in the amount of $24,000. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously, APPROVAL OF ELECTION JUDGES The City Manager introduced the next agenda item which was approval of the election judges for the primary election on September 9, 1980. Councilmember, Kuefler inquired why certain precincts showed less than six election judges, The City Manager stated he believed that in these cases there was a problem' with obtaining enough election judges of one particular political party and that there would be six election judges at each precinct for the September 9, 1980 primary election. There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to approve the partial list of election judges for the September 9, 1980 primary election as submitted by the City Manager. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously, RESOLUTIONS The City Manager introduced a resolution accepting bid and approving contract form for Neighborhood Parks Improvements Contract 1980 -K. He stated it is recommended the bid of Bury and Carlson Construction in the amount of $445,377.02 be accepted. He stated that the engineering estimate for the project was over The Director of Public Works stated that all contractors bidding on the project felt that they could complete the work by this fall with the exception of the final clean -up. Mayor Nyquist questioned why there was such a wide variation among the, contractors' bids in alternate three on the bid. The Director of Public Works stated that this is difficult to explain, although when considered in total the bids are quite close, adding that different contractors look at various aspects of jobs differently, Councilmember Fignar inquired whether a 4 bituminous base would be advantageous for the parking lots, The City Manager explained that the City Hall parking lot has only a 2" base and that the staff felt the extra $30,000 required for this additional base would not be justified for the extra 2" and that the 2" base should be adequate. 8 -11 -80 -2- RESOLUTION NO. 80 -172 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM FOR NEIGHBORHOOD PARKS IMPROVEMENTS CONTRACT 1980 -K 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, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 80 -173 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATION FOR REFORESTATION CONTRACT 1980 -1 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, Tony Kuefler, 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. 80 -174 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 1 TO PAVING CONTRACT 1980 -G 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, Tony Kuefler, 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. 80 -175 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED ASSESSMENTS ON SEPTEMBER 8, 1980 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, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 80 -176 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT WITH SHORT- ELLIOTT- HENDRICKSON, INC. FOR CON - STRUCTION SERVICES RELATED TO INSTALLATION OF A TRAFFIC SIGNAL AT 65TH AVENUE NORTH /FREEWAY BOULEVARD AND HUMBOLDT AVENUE NORTH /T.H. 100 (TRAFFIC SIGNAL CONTRACT 1980 -F) 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, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 8 -11 -80 -3- In discussion of the resolution Councilmember Fignar inquired whether the use of a consultant for this type of project was standard procedure. The Director of Public Works stated that this is the first traffic signal constructed by the City of Brooklyn Center and that Short - Elliott- Hendrickson provides a specialty in this area of mechanical design. RESOLUTION NO. 80 -177 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION APPROVING EASEMENT AND MAINTENANCE AGREEMENT NO. 01221 WITH HENNEPIN COUNTY 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, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, RESOLUTION NO. 80 -178 Member Tony Kuefler introduced the following resolution and moved its adoptions RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT NO. 1978 -P (UNITY AVENUE NORTH- PHASE 7) 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, Gene Lhotka, and Celia Scott; and the following voted against the same: nong, whereupon said resolution was declared duly passed and adopted, RESOLUTION NO. 80 -179 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT NO. 1978 -P (UNITY AVENUE NORTH -PHASE 7) 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, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 80 -180 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT NO. 1978 -P (UNITY AVENUE NORTH -PHASE 7) 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, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 8 -11 -80 -4 RESOLUTION NO. 80 -181 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT NO. 1978 -P (UNITY AVENUE NORTH -PHASE 7) 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, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 80 -182 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER REFORESTATION CONTRACT NO. 1979 -F 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, Tony Kuefler, 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. 80 -183 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER BITUMINOUS PAVING CONTRACT NO. 1979 -G 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, Tony Kuefler, 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 Director of Public Works pointed out that in the resolution accepting work performed under Bituminous Paving Contract No. 1979 -G the word underestimation in paragraph B should be changed to overestimation. RESOLUTION NO. 80 -184 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER BITUMINOUS PAVING CONTRACT NO. 1979 -G 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, Tony Kuefler, 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 Director of Public Works stated that in the resolution accepting the work performed under Grading and Utilities Contract No. 1980 -E (66th Avenue North) in the first paragraph under item number two the word greater should be changed to less. RESOLUTION NO. 80 -185 Member Celia Scott introduced the following resolution and moved its adoption: 8 -11 -80 -5- RESOLUTION ACCEPTING WORK PERFORMED UNDER GRADING AND UTILITIES CONTRACT NO. 1980 -E (66TH AVENUE NORTH 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, Tony Kuefler, 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: 80 -186 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER GRADING AND UTILITIES CONTRACT NO. 1980 -E (66TH AVENUE NORTH) 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, Tony Kuefler, 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. 80 -187 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER GRADING AND UTILITIES CONTRACT NO. 1980 -E The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taker_ thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, 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 amending Resolution No. 80-126 providing for equipment rental for Central Park Grading Project 197841. He stated that this resolution authorizes an extension of the City's contract with U D Construction on the basis of the hourly rental rates provided for in the contract. He explained the extension of the contract would permit the project to proceed over the original limit authorized by the Council. Council- member Lhotka inquired what the staff saw as the extent of the additional work necessary on the Central Park project. The Director of Public Works stated that, in 1979, the Council authorized the rental of a drag line and also two or three authorizations for trucks and heavy equipment.in the amount of $10,000 each. In 1980, he explained, there was one formal contract with U D Construe- tion for sand. Councilmember Lhotka inquired what would be necessary for the completion of the project beyond what has been authorized to date. The Director of Public Works stated that the remainder of the work to be done on the project would require the restoration of the area west of the creek which would primarily finish the grading and establish sod in this area. He explained the total cost of the contract work plus the cost of the City's own forces would exceed the budget by $10,000 to $20,000. Councilmember Lhotka stated that he would like to see a summary sheet for the dollar amount expended on the Central Park pro- ject to date. <8 -11 -80 -6- RESOLUTION NO. 80 -188 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING RESOLUTION NO. 80 -126 PROVIDING FOR F.OUIPMENT RENTAL FOR CENTRAL PARK GRADING PROJECT 1978 -41 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, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PLANNING COMMISSION ITEMS The City Manager introduced Planning Commission Application No. 80026 submitted by David Brandvold for preliminary plat approval and a variance to subdivide three lots at Ewing and Drew immediately south of the I -94 right -of -way. He pointed out that one lot is substandard as to width and the proposed cul -de -sac does not meet the minimum diameter required by ordinance. He added that the Planning Commission recommended approval of Application No. 80026 at its July 24, 1980 meeting. Planning Assistant Gary Shallcross presented and reviewed the Planning Commission information sheet prepared for Application No. 80026 and also presented and reviewed the July 24, 1980 Planning Commission minutes pages one through three concerning Application No. 80026. He noted that the Planning Commission recommended approval of the application believing that the standards for a variance are met and also that the use of the property would be denied if the variance is denied. lie explained that the hardship in this case was not created by the applicant but by the taking of the highway right -of -way. He explained that the_Planning Commission recommended approval of the application subject to certain conditions which were reviewed by Planning Assistant Shallcross. Planning Assistant Shallcross stated that the staff is recommending two more conditions be added to the conditions already set by the Planning Commission, one stating that the final plat approval is subject to the sale by the City of the land necessary to create a buildable lot to the east of Drew that the developer is to assume the costs of title review, the other being that the plat shall be modified to include the City's property to the east in the form of outlots B, C, and D adjacent to adjoining platted lots to the south and an area for Chowen Avenue North right -of -way to accommodate a future turnaround south of the freeway. The Planning Assistant referred Council members to a memorandum from the Director of Public Works to the City Manager regarding the Planning Commission application. The Director of Public Works reviewed the memorandum which outlined recommended conditions for plat approval for the application. Mayor Nyquist inquired how the City acquired the property discussed in Application No. 80026. The Director of Public Works stated that the land was part of a total purchase of park land for Freeway Park. Councilmember Kuefler questioned whether the "hammerhead" type turnaround may be an isolated area which may be prone to mayhem. The Director of Public Works stated that the curb to curb width of this turnaround would be only 15 feet and would be designated no parking adding that there would be just enough room for cars and maintenance vehicles to turn around. Councilmember Kuefler questioned whether the cul -de -sacs would be large enough for City maintenance vehicles. The Director of Public Works stated that the right -of -way for the cul -de -sacs would be eighty feet in diameter and that the blacktop would be sixty feet in diameter allowing adequate turn around for maintenance vehicles. 8 -11 -80 -7- Mayor Nyquist opened the meeting for the purposes of a public hearing on Application No. 80026. Mayor Nyquist recognized the applicant, Mr. David Brandvold, who stated that he did not originally plan on the installation of concrete curb and gutter on the project but intended to use only black- top. He stated that he does not believe it is necessary on a project of this size to install concrete curb and gutter particularly since this is a low cost housing project with State financing. Councilmember Kuefler inquired whether the abutting properties have only rolled asphalt rather than concrete curb and gutter now. The City Manager explained that the abutting properties do have rolled asphalt rather than concrete curb and gutter. Mayor Nyquist inquired whether there was anyone else who wished to speak on Application No. 80026. No one appeared to speak to the application. There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to close the public hearing on Application No. 80026. Voting in favor; Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against; none. The motion passed unanimously. Councilmember Kuefler inquired why the staff is recommending concrete curb and gutter in this project. The Director of Public Works stated that the staff's recommendations are an attempt to change a practice which has been followed in the past. He pointed out that the subdivision ordinance requires concrete curb and gutter in all subdivisions unless it is waived by the Council. He stated that the requirement for concrete curb and gutter has been waived quite often in the past and that concrete curb and gutter is an asset to the City's development and should be installed when the subdivision is first built rather than attempting to install it at some later date. The City Manager stated that concrete curb and gutter is a sound policy for overall subdivision development and the staff is recommending that it be installed in all subdivisions. The Director of Public Works stated that the cost of concrete curb and gutter in this project would be approximately six dollars per lineal foot and that there is seventy to eighty feet of curb per -lot. He pointed out that this would be an approximate $500 per lot cost for the installation of concrete curb and gutter. Councilmember Lhotka inquired if there is more of a chance of damage to asphalt curbing with snow plowing equipment rather than with concrete curb and gutter. The City Manager explained that there is in fact more of a chance of damaging the asphalt and that this is the reason for requesting concrete curb and gutter. The City Manager explained that the staff had noted that this particular development is unique since there is one less lot to be assessed so that the burden of the assessments is spread over fewer lots. Councilmember Fignar stated that he is concerned that the concrete curb and gutter may be a heavy burden in this case and questioned whether the developer might be forced to reduce the quality of the home or to accept less of a profit on the project. Councilmember Kuefler inquired what the variance on the project related to. The City Manager explained that the variance relates to the lot width and also to the cul -de -sac size. The Director of Planning and Inspections stated that the subdivision ordinance standards for variance are different than those found in the zoning ordinance and that they are not as restrictive as those in the zoning ordinance. He stated that the Planning Commission has stated that the subdivision standards for a variance have been met by the project. 8 -11 -80 -8- There was a motion by Councilmember Kuefler and seconded by Councilt:ember _ Lhotka to approve Application No. 80026, subdivision approval of a plat containing three lots and an out lot between Ewing and Drew, south of the I -94 right -of -way and comprehending variances from section 15 -106 -G and 15- 106 -C -10 of the subdivision ordinance, subject to the following conditions: I. Final plat approval is subject to the requirements of the subdivision ordinance with the exception of the lot width requirement on the easterly lot which is acknowledged by variance to have a lot Glidth of 65 feet and with the exception of an 80 foot diameter cul -de -sac rather than 100 feet. 2. The final plat is subject to the review and approval of the City Engineer. 3. The preliminary plat shall be modified to indicate the following: a. Each lot shall be given a lot number and two blocks should be indicated, divided by the Drew Avenue right -of -way. b. The size and shape of the area to be dedicated for cul -de -sac shall be modified in accordance with the recommendations of the City Engineer. c. The plat shall be modified to include the City owned property to the east in the form of outlots.B, C, and D adjacent to adjoining platted lots to the south, and an area for Chowen Avenue North right -of -way to accommodate a future hammerhead turnaround south of the freeway. 4. The final plat approval is.subject to the sale by the City of land necessary to create a buildable lot to the east of Drew. The developer is to assume the cost of title review and the cost for platting the entire City property. 5. The final plat shall incorporate the MN /DOT approved concept of the shift in the right -of -way so as to allow the 10 foot strip between the north wall and the right-of-way line to be used for street boulevard. 6. Bituminous surfacing and concrete curb and gutter shall be required on both cul -de -sacs. 7. The developer is to assume full responsibility for making connections to existing systems. 8. The developer will be allowed to do all street improvements and utility work required with his own forces. All work on the City right -of -way must be done to City specifications and must be covered by a subdivision bond. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. 8 -11 -80 -9- RESOLUTIONS CONTINUED RESOLUTION NO. 80 -189 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION PLACING ON FILE AND OPENING PROPOSED ASSESSMENTS FOR PUBLIC INSPECTION 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, Tony Kuefler, 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 designating certain tax forfeited land in the City of Brooklyn Center to be used for public purposes. He stated that the property in question is a small tract in the southwesterly quadrant of the West River Road, 73rd Avenue North intersection and noted that it is recommended the City acquire this property for street purposes to preserve it for future use as T. H. 252 right -of -way. He explained it is a valuable parcel for future purposes. Councilmember Fignar inquired whether the land was zoned Rl. The City Manager explained it was zoned R4 but that it is too small to build apartments. RESOLUTION NO. 80 -190 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING CERTAIN TAX FORFEITED LAND IN THE CITY OF BROOKLYN CENTER TO BE USED FOR PUBLIC PURPOSES The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Councilmember Kuefler left the table at 8:20 p.m. The City Manager introduced a resolution authorizing execution of addendum to agreement with Brauer & Associates, Inc. for design of the arboretum. He explained the addendum would provide consultant services to assist with bidding procedures and construction observation. The Director of Public Works stated that the arboretum plan reflects an approach developed by the landscape architect and that having engineering personnel performing the inspection and supervision may conflict with the architect's intent on the project, Councilmember Kuefler returned to the table at 8:21 D.M. The City Manager stated that in some cases there is a conflict in interpreting landscape architects' design by an engineer and that the City would likely spend the same amount of dollars in staff time supervising the project as would be spent with the use of the architect as supervisor for the project. RESOLUTION NO. 80 -191 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION APPROVING ADDENDUM TO AGREEMENT WITH BRAUER & ASSOCIATES, INC. FOR DESIGN OF ARBORETUM 8 -11 -80 -10- 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, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RECESS The Brooklyn Center City Council recessed at 8:25 p.m. and reconvened at 8:40 p.m. RESOLUTION NO. 80 -192 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION APPROVING LAWS 1980 CHAPTER 569 SECTION 9 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, Tony Kuefler, 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. 80 -193 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION APPROVING LAWS 1980 CHAPTER 569 SECTION 10 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, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. In discussion of the resolution, the City Manager inquired whether the Council wished to provide any type of direction in the area of establishing a policy for setting sewer rates based on such criteria as age and income. He stated that, perhaps, this item could be put on as a discussion item at the next Council meeting. Councilmember Fignar requested some guidelines from the staff in the area of establishing sewer rates. The City Manager stated that the staff could begin by providing information on the present procedure used by the City in establishing discounted sewer rates. RESOLUTION NO. 80 -194 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF A TRANSOM ENCLOSURE 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, Tony Kuefler, 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 the next agenda item and noted that this item could be handled by a motion and that a resolution was not necessary to . reclassify the City Clerk's position. The City Manager referred Council members to M & C No. 80 -21 and stated that the City Clerk's position in Brooklyn Center is a unique one and that it is difficult to compare since.there are no similar positions outside Brooklyn Center that parallel this position.' He - 8 -11 -80 -11- stated that he is therefore recommending that the position be reclassified with regard to the responsibilities and duties of the position. There was a motion by Councilmember Scott and seconded by Councilmembei Fignar to amend the employee position and classification plan schedules B & K in the following manner: 1. Schedule B shall be amended with the following salary changes for the position of Support Services Coordinator /City Clerk: range 1 - $23,500 to $26,306; range 2 - $26,307 to $29,075; range 3 -- $29,076 to $31,800. 2. Schedule K shall be amended allowing the maximum salary for the position for 1980 to be set at Voting in favor:' Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The City Manager introduced a resolution regarding supplemental performance agreement for Brookdale Ten Investment Company. The City Attorney stated that a stipulation for Brookdale Ten was approved by the City Council at a past meeting but it was contingent on certain work being done at the site. He stated the staff is proposing a new performance agreement and that with this action the court case would be settled and a $1,500 cash deposit would be provided. The City Manager stated that in the interest of getting a solution to the problem the staff felt that $1,500 was sufficient to. complete the work at Brookdale Ten. RESOLUTION NO. 80 -195 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION REGARDING SUPPLEMENTAL PERFORMANCE AGREEMENT FOR BROOKDALE TEN INVESTMENT COMPANY 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, Tony Kuefler, 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. 80 -196 Member Celia Scott introduced following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF A CONDITIONING MACHINE 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, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Councilmember Fignar inquired whether the staff had investigated the possibility of installing a whirlpool in the Community Center as he had received several inquiries regarding whether this would be possible. The City Manager stated that a whirlpool is a most difficult piece of equipment to keep sanitary and that a major effort would be required to keep a whirlpool safe. He stated that many health clubs have had problems because of the safety problems created by the temperature of the whirlpool. He noted that the temperature must be regulated very carefully and that it promotes the growth of certain types of bacteria and that this can be a serious health problem with whirlpools. 8 -11 -80 -12- RESOLUTION 110. 80 -197 ` Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1980 GENERAL FUND BUDGET TO PROVIDE FUNDS FOR THE PURCHASE OF ONE EXERCISE MACHINE FROM FEDERAL REVENUE SHARING 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, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. DISCUSSION ITEMS The City Manager introduced the first discussion item and stated that the City of Andover is requesting to join the North Suburban Mutual Aid Association. He stated that, with the location of Andover the addition of that city to the Association would have little, if any, effect as far as the City of Brooklyn Center is concerned due to the location of.Andover. He stated that the addition of Andover to the Association will not create a disproportionate burden on the Mutual Aid Association and that with the firefighting equipment that Andover has, the addition of this city to the Association will be an asset. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the North Suburban Mutual Aid Association Agreement including the addition of the City of Andover to the North Suburban Mutual Aid Association. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. DISTRICT 281 COMMUNITY SERVICES ADVISORY COMMISSION The City Manager stated that City Councils participating in the Advisory Commission are invited to nominate a Council member for appointment to the Commission and inquired whether any Council members would be interested in serving on the Commission. Council members indicated that they would not be interested in serving on the District 281 Community Services Advisory Commission. NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION REVISED JOINT POWERS AGREEMENT The City Manager stated.that he had received a memorandum from the firm of LeFevere, Lefler, Pearson, O'Brian, & Drawz after 5:00 p.m. today regarding their comments on the Northwest Suburbs Cable Communications Commission Joint Powers Agreement. He referred Council members to the memorandum and reviewed various portions of the memorandum with Council members. He stated that the revised Joint Powers Agreement appears to be an improved document but it is still not similar to the traditional type of Joint Powers Agreement. Council - member Scott stated that the memorandum from the LeFevere law firm was quite lengthy and inquired whether the City Attorney could condense the comments contained in the memorandum. The City Attorney stated that the issue is quite complicated and that it is not conducive to condensing into a few sentences. He suggested that the City should decide if they want a Joint Powers Agreement where the councils control the budgets, rates, and other related areas or whether they will delegate this to an independent commission. Councilmember Scott inquired how other cable commissions are operated. The City Attorney stated that the Southwest group operates as a traditional Joint Powers group and that the cities exercise control over the major decisions. He stated that, in the Southwest group, the councils approve the franchise ordinance and also granted the ordinance. The City Manager stated that there appears to be three key items in the discussion of the Joint Powers Agreement, those being the franchise ordinance, the award of the franchise, and the control of the 8 -11 -80 -13- budgetary process. He noted that the revised Joint Powers Agreement prepared by the commission subcommittee appears to set up another level of government. He added, that traditional Joint Powers Agreements have been litigated for years and that this Joint Powers Agreement does not have this history of litigation and does not follow the normal traditions for Joint Powers Agreements. He pointed out the Joint Powers Agreement proposed by the commission subcommittee sets out on new untested areas. The City Manager inquired of the Council what direction they would give the staff in this matter. Mayor Nyquist questioned whether there were any problems apparent with the Southwest group and their Joint Powers Agreement. The City Attorney stated that the Southwest group appears to be working very well. He added that, the problem with a cable franchise is that the usual procedure for a franchise is that the cable company is selected and then the details are worked out with the franchise agreement after the company has been selected. He stated that, in the Southwest group, the Cable Commission recommends the cable company to the various city councils for their approval. He noted that, also in the Southwest group, the Commission drafted the franchise agreement and it was approved by each of the individual city councils. He pointed out that, in the Southwest group, the various cities also are able,to approve or disapprove the budget submitted by the Cable Commission. Also, in the Southwest group, he noted the cities first receive the franchise fee and then it is distributed from the cities to the Cable Commission. Councilmember Kuefler stated that he believes the City Manager's concerns with regard to the Joint Powers Agreement are warranted and does not believe the Council should delegate the controls outlined in the Joint Powers Agree- ment. He stated that he believes the Council should be in a position to influence the service that the community gets from cable and believes that the City should retain certain controls. Councilmember Lhotka stated that he agrees with Councilmember Kuefler and is opposed, as the staff is, to another level of government being created. Mayor Nyquist inquired of Council members whether they are in disagreement with the Cable Commission granting the franchise. The City Attorney noted that the legislature has passed a law giving cities authority to delegate their authority to award the franchise but the mechanics of this procedure are not clearly spelled out in the law. The City Manager pointed out that, from an administrative standpoint, the history of cable T.V. in Minnesota has not been without certain problems or controversy. The City Attorney pointed out that it is not his firm's view that this type of commission cannot work but the amount of work and risk required does not appear to be worth the trouble when there are other alternatives for a Joint Powers Agreement. Mayor Nyquist inquired whether there was any action required by the Council on this item. The City Manager stated that there will be a meeting of the Cable Commission subcommittee that drafted the Joint Powers Agreement and with the consent of the Council he would state the City's objection to the current Joint Powers Agreement and would request the Corission to respond with some type of alternative agreement. There was a consensus agreement of Council members to approve the City Manager's suggestions on the Joint Powers Agreement. BROOKLYN PARK REQUEST FOR BROOKLYN CENTER PARTICIPATION IN SHINGLE CREEK RESTORATION PROJECT The City Manager explained that the City has received a letter from the City of Brooklyn Park in which they request our participation in the Shingle Creek restoration project. He explained this work involved restoring the creek to the condition as it was originally constructed, requiring the removal of obstructions, vegetation and sedimentation which impeded the flow of the water and could have resulted in flooding of adjoining properties. The Director of Public stated that there was apparently a resolution adopted by the 8 -11 -80 -14- Brooklyn Center City Council on April 10, 1961 authorizing the execution of a Joint Powers Agreement but there is no evidence that the Joint Powers Agreement referred to in the resolution was ever executed. Councilmember Lhotka recalled that after the joint meeting of the Brooklyn Park and Brooklyn Center City Councils on June 6, 1978 there was a letter sent to Brooklyn Park regarding this matter. The City Manager stated that the staff had asked the status of the Joint Powers Agreement but never received a response from Brooklyn Park. He pointed out that the City staff believes the work done on Shingle Creek was a good buy for the City and that doing just our section of the creek the City may have paid considerably more than the cost of the restoration performed by Brooklyn Park. Councilmember Scott suggested the staff draft a letter along with the payment for the project to Brooklyn Park objecting'to them letting contracts and not informing the City of Brooklyn Center. The City Manager pointed out that, in Brooklyn Center,,the City does not have the same problem with the creek as Brooklyn Park and,explained it is much easier to clean up the Brooklyn Center portion of the creek. He noted that the area in Brooklyn Center which was restored by the project was approximately three to four blocks in length. There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to table the resolution transfering funds from the Council contingency account to street construction account for Shingle Creek restoration to the first Council meeting in November. Voting in favor; Mayor Nyquist, Council- members Kuefler, Fignar, Lhotka, and Scott. Voting against; none, The motion passed unanimously. Councilmember Lhotka requested to receive a copy of the minutes of the Council meeting held after the joint meeting with Brooklyn Park in 1978. HUD /HANDICAPPED ACCESSIBILITY The City Manager stated that Administrative Assistant Hoffman would inform the Council of the status of the handicapped accessibility issue with HUD. Administrative Assistant Hoffman explained that the issue began with the proposal by the City of walkways and parking lots to eliminate physical barriers for the elderly and handicapped in City parks. He stated that he believed the City's project would be approved based on HUD regulations but that the local office, in effect, made up their own regulations and denied the project. He stated that the staff has raised the issue and that it has heard nothing from HUD with regard to how the City could make the project acceptable under their guidelines. He stated that the local office seems intent on not clarifying certain points of the issue. He explained it is important as a matter of principle to clarify this issue especially with regard to future community development projects. He stated that the staff suggests that the Council pursue this issue with our congressional repre - sentatives. Administrative Assistant Hoffman stated that the staff has not gotten an adequate response from HUD and that HUD did not address the issues raised by the City. The City Manager stated that the staff is suggesting we carry this issue to the next level which would be the secretary or undersecretary for community development and also our congressional repre- sentatives. Administrative Assistant Hoffman pointed out that one of the five tests used by HUD to qualify a project as eligible is .a determination as to whether the project would benefit elderly or handicapped persons. He stated that HUD will not inform the City what will make the project eligible, in short, what HUD will or will not fund. Councilmember Lhotka suggested that.he would also want to pursue the issue by contacting our legislative representatives. There was a consensus agreement of the Council to pursue the issue as recommended by staff. 8 -11 -80 -15- CITY BOND RATING The City Manager stated that the City will be selling bonds on August 25, 1980 and that the City has not met with Moody's since 1976, He noted that Spring - stead is recommending that the City meet with Moody's to discuss the City's bond rating and that the staff is hoping to get a double increase in the City's bond rating. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve the following list of licenses: GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE Blueboy Service 5 Fair Hills Drive Art Willman & Son 62 26th Ave. No. MECHANICAL SYSTEM'S LICENSE Dolder Plumbing & Heating 3513 Lyric Ave. RENTAL DWELLING LICENSE Initial: John S, Tschohl 6612 Dupont Ave. No. Alfred L. Hassler 5519,23 Lyndale Ave. No. Jerry Hall 3815 Oak Street John S. Tschohl 2206 54th Ave, No. Renewal: Keith L. Nordby 5964 Brooklyn Blvd. Bertil G. Johnson 6107 Brooklyn Blvd. Welcome Community Home, Inc. 6451 Brooklyn Blvd. Roland Scherber 5243 Ewing Ave. No. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Mayor Nyquist inquired whether there was any additional business for this evening's meeting. Councilmember Fignar stated that he would be resigning from the Cable Communications Commission because of time conflicts with his schedule and the Commission meetings. Mayor Nyquist suggested that perhaps Councilmember Scott could replace Councilmember Fignar on the Commission. There was a motion'by Councilmember Lhotka and seconded by Councilmember Kuefler to appoint Councilmember Celia Scott to replace Councilmember Bill Fignar on the Northwest Suburbs Cable Communications Commission. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Councilmember Lhotka inquired wehther there were any problems with the new phone system installed in City Hall. The City Manager stated that the initial problems of the electronics burning out had been resolved and that all of this work had been done under warranty. He explained there were not any major problems with the phone system except the problem of making people comfortable with the features of the system. He stated the overall operation of the system is good. The City Manager introduced a resolution approving Agreement No. 60097 with MN /DOT providing for channelization at the intersection of T. H. 152 and 65th Avenue. 8 -11 -80 -16- RESOLUTION NO. 80 -198 ` Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT NO. 60097 WITH MDT /DOT PROVIDING FOR CHANNEL - IZATION AT THE INTERSECTION OF T. H. 152 (BROOKLYN BOULEVARD) AND 65TH AVENUE 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, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilrmember Fignar to adjourn the City Council meeting. Voting in favor: Mayor Nyquist, Council- members Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10 :12 p.m. Mayor &ferk 8 -11 -80 -17-