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HomeMy WebLinkAbout1980 08-25 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 AUGUST 25, 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 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 and Recreation Director Gene Hagel, and Administra- tive Assistant Tom Bublitz. The City Manager introduced Mr. Charles LeFevere and noted that he would be the acting City Attorney for this evening's meeting. INVOCATION .....__. -. The invocation was offered by Reverend Katherine Schneider of the Brooklyn United Methodist Church. APPROVAL OF MINUTES — AUGUST 11, 1980 There was a.motion by Councilmember Fignar and seconded by Councilmember Scott to approve the minutes of the City Council meeting of August 11, 1980 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none the motion passed unanimously. OPEN FORUM Mayor Nyquist opened the meeting.for the purpose of the Open Forum session. He noted that he had received two requests to use the Open Forum session this evening, one from Mr. Maynard Henjum of 2912 Nash Road and one from Mr. Karl Geistner of 2807 Nash Road. Mayor Nyquist noted that both Mr. Henjum and Mr. Geistner were requesting to speak to the proposed Garden City parking lot and he noted that this item was scheduled to be discussed later in the agenda and stated that, if there were no objections, he would defer this discussion until later in the meeting. Mayor Nyquist then asked if there was anyone present who wished to use the Open Forum session to discuss any other topic other than the Garden City parking lot; there being none, the Mayor proceeded with the regular agenda items. PRESENTATION BY NORTHWEST YMCA ON DETACHED WORKER PROGRAM The City Manager introduced Frankie Francel, the Director of the Detached Worker Program, and Doug Mitchell, the detached worker working in Brooklyn Center. Ms. Francel and Mr. Mitchell proceeded with a slide presentation describing the various aspects of the Detached Worker Program, including family counseling, chemical awareness program, 24 -hour crisis hot line, therapeutic recreation, and the mini -bike program. After the presentation, Councilmember Fignar inquired how the Detached Worker Program was being funded. Ms. Francel stated that the YMCA funds one -half of one worker's salary for Brooklyn Center and that the City of Brooklyn Center funds the other half. Councilmember Fignar asked Doug Mitchell whether he felt it was difficult to work within so many different school districts in Brooklyn Center. Mr. Mitchell stated that it was difficult, but only in the respect that it is sometimes difficult to make contacts with 8 -25 -80 -1- students when there are so many school districts to cover. Councilmember Lhotka stated that the Brooklyn Center Human Rights Commission has had Doug Mitchell in to make a presentation to them regarding the detached workers' efforts in the area of drug abuse and added that his work is definitely appreciated by the City. FINAL PLAT APPROVAL - PONDS, PLAT 6 The City Manager stated that the final plat of The Ponds, plat 6 has been sub - mitted for final approval. The Director of Public Works showed a transparency showing the location of plat 6 and explained that this area would consist of apartment buildings. He explained the staff recommends approval of the plat subject to several conditions including the filing of the Homeowners' Associa- tion documents. There was.a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to approve the final plat of The Ponds, plat 6 subject to the following conditions: 1. The final plat is subject to. review and approval by the City Engineer. 2. The final plat is subject to the requirements of chapter 15 of the City Ordinances. 3. An appropriate easement shall. be provided adjacent to Shingle. Creek for purposes of environmental protection and public recreational access such as trailways and bikeways as determined by the City Engineer. 4. The final plat is subject to the development of a Homeowners' Association document approved by the City Attorney, or insurance, satisfactory to the City Attorney,.that a Homeowners' Association document will be put into effect when, and if, the development changes from rental.to a condominium ownership development. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. FINAL PLAT APPROVAL - MEDTRONICS The Director of Public Works reviewed a transparency showing the location of the Medtronics plat and explained that this plat is simply a combination of tract 'C and D of RLS 1380. He explained the staff is recommending approval of the plat subject to Medtronics showing.a title opinion and also demonstrating the execution of various easements on the plat. Councilmember Fignar inquired how long a period of time would be involved before Medtronics would satisfy these conditions. The Director:of Public Works stated that conditions would be satisfied within a week from today according to the developer. Councilmember Lhotka questioned why the application has been delayed thus far. The Director of Public Works stated that the applicant has apparently not taken the time to process the paperwork involved with the preliminary plat. Mayor Nyquist recog- nized Virgil Florhaug, representing Medtronics, who addressed the Council and stated that he had made an error of judgment in assuming that approval for the plat was complete and that the added paperwork requirements were not necessary for approval. There was a motion by Councilmember Fignar and seconded by Councilmember Scott to approve the final plat of Medtronics (combination of tracts C and D of RLS 1380) subject to the following conditions: 1. The final RLS is subject to the approval of the City Engineer. 2. The final RLS is subject to the provisions of chapter 15 of the City Ordinances. S -25 -80 -2- 3. A revised preliminary RLS indicating the exact location of the relocated 40 foot utility and sidewalk easement shall be submitted prior to City Council review. 4. Existing easement documents for utilities and sidewalk shall be revised in accordance with.the plat revisions. Voting.in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. FINAL PLAT APPROVAL - DOMINION DEVELOPMENT CORPORATION (NEW RLS FOR TRACT B OF RLS 1405 - SPEC 9, 10, AND 11 SITES) The Director of Public Works reviewed a transparency showing the location and con - figuration of the plat. He stated that the staff recommends approval of the plat subject to the execution of a subdivision agreement and compliance with the City Attorney's requirements. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve the final plat of Dominion Development Corporation, new RLS for tract" B of RLS 1405 subject to- the following conditions: 1. Execution of a subdivision agreement between the City and Dominion Development Corporation. 2. Compliance with the City Attorney's requirements regarding the declaration of convenants on tracts A, B, C, and D, RLS 1405. Voting in favor: Mayor Nyquist, Councilmembers Kuefler,,Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. PERFORMANCE BOND RELEASES The City Manager stated that performance guarantees are recommended for release on Marvin Garden Townhouses located at 68th and Orchard Avenue North, Shingle Creek Tower Apartments located at 6221 Shingle Creek Parkway and the Aaron Hoffman Building located at 6415 Brooklyn Boulevard. He added that the Council could handle these releases with one motion. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to approve the performance bond releases for Marvin Garden Townhouses located at 68th and Orchard Avenue North in the amount of .,$20,000, Shingle Creek Tower Apartments located at 6221 Shingle Creek Parkway in the amount of $5,000, and the Aaron Hoffman Building located.at 6415 Brooklyn Boulevard in the amount of $25,000.. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott ;.voting against: none, the motion passed unanimously. Councilmember Scott inquired whether the decks at the Marvin Garden Townhouses had been repaired yet. The City_Manager stated that he did not know whether they had been repaired but that he would inspect the townhouses and return with an answer at the next. Council meeting. RESOLUTIONS The City Manager introduced a resolution accepting bid and approving contract form for arboretum improvements (Contract 1980 -M). He stated that bids for this project were open on August 19, 1980 and that the low based bid of Park Construc- tion in the amount of $141,178 is a very favorable bid. He stated the staff is recommending that the alternate bids which provide for phase two and phase 8 -25 -80 -3- three plannings also be accepted so as to provide a completed project. He noted the resulting total cost of $150,183 is still well within the total budget of $190,000. Councilmember Kuefler inquired whether the work on the arboretum would be complete this fall. The Director of Public Works stated that the project would be completed by this fall and the City Manager pointed out that the only possible delay would be with problems experienced with planting as the cold weather approaches. RESOLUTION NO. 80 -199 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEP ING BID AND APPROVING CONTRACT FORM FOR ARBORETUM IMPROVEMENTS CONTRACT 1980 -M 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 accepting bid and approving contract form for park shelter buildings (Contract 1980 -L). The Director of Public Works stated that bids for this project were opened today and explained that the low bid received today was lower than the lowest bid received the first time the project was let back in July of this year. The Director of Public Works . proceeded to review the low bids received for the Brooklane Park shelter building, Garden City Park shelter building and the Central Park picnic shelter. Councilmember Kuefler inquired whether the buildings would be constructed with break -off blocks. The City Manager explained that construction material would be an etched block which would be painted: Councilmember Lhotka requested an explanation of why there was such a great difference in the amount of design fees charged for the Brooklane Park shelter building as opposed to the Garden City building.- The Director of Public Works stated that on the Brooklane building the 'staff asked only for plans and not specifications and on the other buildings the staff requested the preparation of both plans and specifications by consultant. Councilmember Fignar inquired how the $16,000 difference between the committed funding and the estimated total cost for the park buildings would be funded. The Director of Public Works stated that the total Central Park project costs thus far are under budget by approximately $60,000 and that the $16,000 could be funded by this difference and the Capital Projects Fund. Councilmember Lhotka inquired what projects were currently committed from the Capital Projects Budget. The City Manager explained that there were no projects currently being funded from the Capital- Projects Budget. RESOLUTION NO. 80 -200 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING 'BID AND APPROVING CONTRACT FORM FOR SHELTER BUILDINGS CONTRACT 1980 -L 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 against the same: none, whereupon said resolution was declared duly passed and adopted. 8 -25 -80 -4- Councilmember Kuefler inquired when the shelter buildings would be completed. The Director of Public Works explained that.all three of them were planned for completion by the end of November of this year. RESOLUTION NO. 80 -201 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING LIFT STATION NO. 1 ACCESS DRIVE PROJECT NO. 1980 -22 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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. The City Manager introduced a resolution establishing Garden City Park Parking Lot Project No. 1980 -23 and ordering preparation of plans and specifications. He stated that this lot was one of the most discussed items during the park bond issue meetings held at the various parks throughout the City. He explained the staff believes they have addressed the concerns expressed at the bond issue meeting. He explained a drawing showing the parking lot plans had been delivered to neighboring residents. He noted the proposed light fixtures would be of a type focusing light downward which would prevent light splash to surrounding areas. Councilmember Fignar inquired whether the lot would be posted for curfew. The City Manager explained that a 10:00 p.m. curfew will be established. Council- member Kuefler inquired whether this was the only parking lot on the west side of the park. The City Manager "stated.that it was except for four parking spaces for the archery range located at the opposite end of the park Mayor Nyquist recognized Mr. Maynard Henjum of 2912 Nash Road who stated that he believes the feeling of the residents in the area of Garden City Park is that the parking lot should be either eliminated or reduced to a very small.size such as four to six cars.. He stated that he believes a smaller lot would be adequate to meet the needs of the park. Councilmember Kuefler inquired whether there was any path from the Garden City parking.lot to Central Park. The City Manager explained that there was a Vita - course path planned along with a pedestrian/ bicycle path. He noted that the parking lot would not be a draw for persons going to the softball field in Central Park since they would be located two blocks away and would most likely discourage walking from the Garden City lot to Central Park. He explained that the Garden City ball diamond is only for pick -up games and would not be scheduled for official games. He explained that most of the shelter buildings in the other neighborhood parks have ten to twelve or at minimum eight to ten parking spaces planned. Councilmember Lhotka inquired what the use of Garden City Park has been in the past. The Director of Parks and Recreation explained that summertime use in Garden City Park is very minimal and in winter the use is increased because of the hockey rink. Mayor Nyquist recognized Mr. Karl Geistner of 2807 Nash Road. Mr. Geistner stated that, at the park bond issue meeting held this past summer, the residents of Nash Road were very concerned with the location and size of the proposed parking lot and stated that he had not received notice of this evening's meeting. The City Manager explained that the City staff normally delivers notices of meetings such as this to the residents abutting the park and then asks that they inform their neighbors of the meeting. Mr. Geistner questioned the location of the parking lot in Garden City Park. The City Manager stated that, if the park was located closer to the lift station in the area, it would be in 8 -25 -80 -5- a more secluded area inviting more mayhem in the park. Mayor Nyquist inquired of the audience if there was anyone else present who wished to comment on the Garden City parking lot. No one else appeared to speak and the Mayor asked what the Council's wish was on the resolution before them. RESOLUTION NO. 80 -202 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING GARDEN CITY PARK PARKING LOT PROJECT NO. 1980 -23 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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 -203 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS TO CENTRAL PARK, GARDEN CITY PARK, SHINGLE CREEK TRAIL- WAY, AND CIVIC CENTER ACCESS (CONTRACT 1980 -N) 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. PUBLIC HEARING ON INDUSTRIAL DEVELOPMENT REVENUE BOND PROPOSAL - BROOKLYN INVESTMENT COMPANY The Mayor stated that this was the time and place fixed by Resolution No.. 80 -155 of this Council, adopted on July 21, 1980 for a public hearing on the proposal that the City undertake and finance part or all of the cost of pro - jects on behalf of Brooklyn Investment Company, a Minnesota partnership (the "partnership ") pursuant to Minnesota Statutes, chapter 474. Under the proposal, the partnership, or another partnership or corporation organized by it and in cluding at least one of its partners as a partner or shareholder, would construct and own the projects and lease them to one or more business entities. The City Clerk presented an affidavit showing publication of the notice of the public hearing at least once not less than fifteen nor more than thirty days prior to the date fixed for the public hearing, in the Brooklyn Center Post, being the official newspaper of the City and in the Minneapolis Star, being a newspaper of general circulation throughout the City. The affidavits were examined, found to be satisfactory and ordered placed on file with the City Clerk. The Mayor then opened the meeting for the public hearing on the proposal to undertake and finance the projects on behalf of the partnership. The purpose of the hearing was explained, the nature of the projects and of the proposed revenue bonds were discussed, the draft copy of the application to the Commissioner of Securities with all attachments and exhibits were available, and all persons present who desired to do so were afforded an opportunity to express their views with respect to the proposal to undertake and finance the project. 8 -25 -80 -6- Mayor Nyquist recognized Mr. Al Beisner who reviewed the plans to develop the 34 acres on the project and noted that the original plan included the construction of a public street but because of the soil problems in the area the new plan did not include the proposed street. He explained that the cost of soil correction in the area was $390,000 on the building site itself. He explained that Brooklyn Investment Company's plan is an extension of the City's overall comprehensive plan and, according to the City's IDR guidelines, he stated,he believes the partnership is developing a blighted area and producing a quality project. He added that, bonds will be placed privately and that the project will be built within twelve months. He added that, he believes the original intent of the IDR legislation was for industrial growth and noted that there are many manufacturing uses in the other spec buildings. He stated that there are five to six prospec- tive tenants for this project and that it could bring in as many as 225 to 275 full -time employees for the estimated 170,000 sq. ft. of the project. He noted that the project would also add approximately $85,000 to the City's tax revenue based on 50� per square foot. Mr. Beisner stated that he believes this project is well suited and worthy of the use of the IDR bond. In response to a question from Councilmember Fignar, Mr. Beisner stated that he is requesting $4,600,000 for the IDR bond. Councilmember Fignar inquired what items one and four referred to in the bond guidelines. The City Manager explained that item number one referred to the fact that a project is evaluated on what it will add to the City rather than seeking projects to simply fill up undeveloped areas in the City. He noted that item number four referred to redevelopment of blighted areas in the City. Council- member Kuefler thanked Mr. Beisner for the information on the entire spec area and stated that he was encouraged by the development. Councilmember Lhotka questioned where the City was at with regard to the total allocation thus far for IDR's. The City Manager stated that the City was at approximately $6,200,000 prior to the Commercial_Partners project and with the Commercial Partners pro - ject another $7,200,000 would be added. The City Manager informed Council members that, October 16, 1980 will be the City's first annual Industry Day and will be sponsored by the Chamber of Commerce. In response to a question from Councilmember Fignar the City Manager noted that the retail commercial development is the worst type of development in terms of cost to the City and that the industrial development is the very best in terms of City services cost. There was a motion by Councilmember Scott and 'seconded by Councilmember Lhotka to clost the public hearing on the industrial development revenue bond proposal submitted by Brooklyn Investment Company. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. - RESOLUTION NO. 80 -204 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION GIVING PRELIMINARY APPROVAL TO PROJECTS -UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL; AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS 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. i 8 -25 -80 -7- F Mr. Beisner presented a photograph of the City Hall and Civic Center to the Council. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to authorize the staff to prepare an official letter of thank you to Mr. Beisner for his photograph. RECESS The Brooklyn Center City Council recessed at 8 :50 p.m. and reconvened at 9:00 p.m. PLANNING COMMISSION ITEMS The City Manager introduced Application No. 80027 submitted by Frank Lachinski and explained the application was a request to resubdivide two 40' X 128' lots at 5419 Fremont Avenue North, which were combined formerly for tax purposes. He stated the Planning Commission recommended approval of Application No. 80027 at its August 14, 1980 meeting. The Director of Planning and Inspections explained that the area surrounding the site is developed into single family homes. He proceeded to present and review the Planning Commission information sheet on Application No. 80027 and also presented and reviewed the Planning Commission minutes discussing Application No. 80027 on pages one through two. He explained that the application does not create but only re- establishes a property line which makes a 40' substandard width. He explained the Planning Commission recommended approval of the application subject to three conditions which he reviewed for Council members. There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to approve Application No. 80027, a request to resubdivide lot six and lot. seven of Fairhaven Park Addition which were combined formerly for tax purposes, subject to the following conditions: 1. The resubdivision is subject to the approval of the City Engineer and the City Assessor prior to filing with the County. 2. The resubdivision approval does not comprehend approval of any other action pertaining to the use of the property. 3. The applicant shall remove that portion of the sidewalk on lot six (5419 Fremont) that encroaches onto lot seven. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. The City Manager introduced Application No. 80028 submitted by Harron United Methodist Church for site plan and special use permit approval to construct a 39 stall parking lot at the northwest corner of 55th and Dupont for off -site accessory parking. Ile explained the Planning Commission recommended approval of Application No. 80028 at its August 14, 1980 meeting. Mayor Nyquist inquired whether it might not be appropriate to take Application No. 80028 and 80029 together since the second application was also submitted by Harron United Methodist Church and is requesting a variance from section 35 -700 of the Zoning Ordinance which requires off street parking to be 15 feet from the street right - of -way. The Director of Planning and Inspections stated that he saw no problem with handling both the applications together and proceeded to present and review for Council members the Planning Commission information sheets prepared for Applications No. 80028 and 80029. He also presented and reviewed for Council members the August 14, 1980 Planning Commission minutes pertaining to the two applications. He explained the request in the application is for 39 stalls, not 40 stalls as is indicated in the Planning Commission minutes. He noted the i 8 -25 -80 -8- church has used this area for years as unimproved parking and stated that the uniqueness of this application is that the church has used this area as unimproved parking for years. The Director of Planning and Inspections noted that the Planning Commission approved both applications at its August 14, 1980 meeting and reviewed the conditions under which the Planning Commission recommended approval. The Director of Planning and Inspections stated that the plan sub- mitted by Harron United Methodist Church today is different from the one shown to the Planning Commission in that the new plan does not show the chain gate at the entrance to the parking lot. He explained that public hearings were required for both the special use permit and also the variance request. Council - member Lhotka inquired whether the entrance chains should be included in the • conditions. The Director of Planning and Inspection stated that it was his understanding that the chains would be included as a condition set by the Planning Commission. He noted that conditions three and six of the Planning Commission conditions have already been met by the applicant. Councilmember Scott inquired whether.the church is aware that the snow piling on the.adjacent property may come to an end if a new owner occupies that property and does not agree to allowing the church to dump the snow on the property. Mayor Nyquist recognized Mr. Engdahl who stated that he is representing the Harron United Methodist Church in this project and stated that he is aware the church may have to haul away the snow in the event that they cannot pile it on their neighbor's property. Mayor Nyquist opened the meeting for the purpose of a public hearing on Applica- tions No. 80028 and 80029. He inquired whether there was anyone who wished to speak to the applications. No one appeared to speak. There was a motion by Councilmember Scott and seconded by Councilmember Fignar•to close the public hearing on Applications No.. 80028 and 80029. Voting in favor_: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to approve Application No. 80028 site and building plan and special use permit approval of a 39 stall off -site accessory parking lot located at the northwest cornier of Dupont and 55th, subject to the following conditions: 1. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to the issuance of the special use permit. 2. A performance agreement with a supporting financial guarantee (in an amount to be determined by the City Manager) shall be entered into by the applicant prior to the issuance of the permit. 3. Plan approval is subject to the granting of a variance comprehended by Application No. 80029 regarding a green strip encroachment. 4. Plan approval is exclusive of all signery which is subject to chapter 34 of the City Ordinances. 5. The special use permit for accessory off -site parking comprehended by section 35 -701 subdivision 3 is issued to the Harron United Methodist Church and is nontransferable. 6. The special use permit is subject to all applicable ordinances, codes, and regulations, and violations thereof shall be grounds for revocation. 7. B612 curb and gutter shall be provided around all parking and driving areas. t 8 -25 -80 -9 8. Should the existing screening to the north and /or west of the site fail, the church shall replace such screening with a minimum six foot high opaque screening device as required by City Ordinances. 9. The applicant shall provide chain gates at the entrances to the parking lot. 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 Application No. 80029, a request for a variance from section 35 -700 of the City Ordinances to allow a ten foot green strip along the east property line of the parking lot to serve Harron United Methodist Church, for the following reasons: 1. Not only the applicant, but the public as well, would be adversely affected from the denial of the variance. (This is based on the findings that the priorities.outlined below accurately reflect the public interest in this particular case.) a. Minimize the existing parking space deficiency and provide, as far as possible, adequate parking for the church. b. Maintain ordinance standards for parking and driving lanes to ensure that the lot functions properly in accommodating church traffic. c. Provide screening of off street parking areas as required by City Ordinance. d. Provide adequate drain space to the site. 2. The conditions upon which the application for a variance is based are unique in that the parcel in question is to be put to use to alleviate an.existing deficiency in the parking required for the church and will not be recognized as grounds for further expansion. 3. The alledged hardship is related to the requirements of the zoning Ordinance which cannot all be met simultaneously in this case. The hardship was not created by persons presently or .formerly having an interest in the parcel of land in that it was platted in a size and shape to serve residential as opposed to institutional needs. 4. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood so long as the conditions attached to the approval of the site plan are met. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. The City Manager introduced Applications No. 80030 and 80031. He stated that Application No. 80030 was submitted by Merila- Hansen /Village Builders, Inc. for site and building plan approval to construct a ten unit townhouse project west of Humboldt, just north of 67th Avenue North. Application No. 80031, he stated, was submitted by Merila- Hansen /Village Builders for preliminary plat approval to create ten townhouse lots in one common area on a property described on Applica- tion No. 80030. He added that the Planning Commission recommended approval of Applications No. 80030 and 80031 at its August 14, 1980 meeting. __ 8- 25-80 -in_ The Director of Planning and Inspections presented and reviewed for Council members the Planning Commission information sheets prepared for Applications No. 80030 and 80031. He also presented and reviewed the August 14, 1980 Planning Commission minutes, pages six through eight, which discussed the two Planning Commission Applications. He pointed out that, with this development, one of the last remaining lots on Humboldt between 65th and 69th Avenues will be developed. He stated that the Planning Commission recommended approval of both applications subject to conditions which he reviewed for Council members. The Director of Planning and Inspections stated that a public hearing was required for the preliminary plat approval for Application No. 80031 and that the applicant was present at this evening's meeting. After the Director of Planning and Inspections had reviewed the transparency of the plat for Application No. 80031, Councilmember Scott requested that some shrubbery be added for screening in the area adjacent to the apartment building abutting the plat. Mayor Nyquist opened the meeting for the purpose of a public hearing on Applica- tion No. 80031. The Mayor inquired whether anyone was present who would speak in opposition to the application. No one appeared to speak in opposition to the application. Mayor Nyquist inquired whether there was anyone else who wished to speak to the application. The Mayor recognized Mr. Jim Merila, one of the applicants for the project. Mr. Merila introduced Mr. Ed Kaufman and Mr. Dave Dietrich, representing Village Builders. He proceeded to show eleva- tions of the townhouse buildings and stated that the buyers would be choosing their own exterior materials for the project.. Regarding the screening requested by Councilmember Scott, Mr. Merila stated that lilacs are proposed for screening in the area and that he has no objection to placing additional lilacs in the area for screening,as requested by Councilmember Scott. Councilmember Kuefler inquired what the time frame would be for development. Mr. Kaufman replied that hopefully the townhouses will be built by next spring. Councilmember Fignar inquired what the price range of the units might be. Mr. Kaufman stated that it looks .like the units will be priced between $75,000 and $80,000 per unit. Mayor Nyquist inquired whether the common area in the project will be owned by the Homeowners' Association. Mr. Merila stated that the common area would be owned and controlled by the Homeowners' Association. Mayor Nyquist inquired whether there were any other people present who wished to speak to the application; there being none,.he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on Application No. 80031. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. There was a motion by Councilmember Fignar and seconded by Councilmember Scott to approve Application No. 80030, site and building plan approval for a ten unit townhouse project on the west side of Humboldt, north of 67th Avenue North, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility and landscaping plans are subject to the review and approval of the City Engineer prior to the issuance of permits. 8 -25 -80 -11- 3. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements. 4. All outside trash disposal facilities and /or rooftop mechanical equip- ment shall be appropriately screened from view. 5. B612 curb and gutter shall be provided around all common driving and parking areas. 6. The landscape plan acknowledges some existing trees, but not elms. If these existing trees should die off or be removed during construction, they will be replaced with 2�" to 3�" trees. 7. Additional screening, such as lilacs, shall be provided along the south property line adjacent to the driveway turnaround area to prevent light glare to the adjacent apartment building. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to approve Application No. 80031, preliminary plat approval for a ten unit townhouse project on Humboldt Avenue, north of 67th Avenue, subject to the following conditions: 1. Final plat approval is subject to chapter 15 of the City Ordinances. 2. The final plat is subject to the approval of the City Engineer. 3. The Homeowners' Association documents shall be filed with the plat at the County and shall be subject to the review and approval of the City Attorney. 4. The owner shall enter into an easement agreement with the City to allow the easterly ten feet of the property to be used for public sidewalk purposes prior to approval of the final plat. Voting in favor: Mayor Nyquist,-Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. RESOLUTIONS CONTINUED The City Manager introduced a resolution awarding the sale of $1,500,000 General Obligation Park Improvement Bonds of 1980; fixing their form and specifications; directing their execution and delivery; and providing for their payment. He stated that the City has received an upgrading of its bond rating from A to A -1, adding that this represents an increase of one grade. Mayor Nyquist recognized Mr. Bob Polson, President of Springsted Corporation, who reviewed the bids on the Park Improvement Bonds. He stated that several months ago a debt service of 9% was anticipated for the Park Improvement Bonds.and that the two most recent projections indicated a 7.7% interest rate for a long -term program and a 6.8% for a short -term. He added that, the time of the last projection, the tax - exempt market has been deteriorating. He noted that the interest on the low bid today was 7.52% for a net interest cost of $1,072,921. He stated that a long -term program would be 8.33% with a total interest cost of $1,700,000. 8 -25 -80 -12- He pointed out a savings of $634,000 for a short -term program. He stated that, in the opinion of Springsted, Incorporated, it would be advisable and reasonable to accept the low bid received on the bonds. He did, however, point out two options that the City has, stating that the City could reject all bids and attempt to negotiate or to reject all bids in the hope that the market will improve. He stated that the low bid received is higher than the City had hoped for but less than what was projected four months ago. Councilmember Kuefler inquired if it would make a difference if the bonds were sold a month ago. Mr. Polson stated that, if the bonds were sold a month ago, the interest could have been as low as 6.80. The City Manager emphasized that the bond market is unpredictable and that the staff is recommending acceptance of the bid. Councilmember Kuefler inquired what the change in the City's bond rating is worth is terms of dollars. Mr. Polson stated that, in general, the change in rating would be translated into a savings of between .1 to .15 of 1% in terms of interest, which would be approximately $14,000 to $21,000. He added that there are approximately 7 to 8 statistics used in evaluating a City's bond rating. He explained one of the statistics is the capital debt and that another is the debt ratio to the market value and the debt ratio to the taxable assess- ment within the City. He pointed out that the City of Brooklyn Center generally looks in excellent shape in terms of these criteria. He did point out, however, that the population loss in the 1980 census did hurt the City in terms of its bond rating and that Moody's is also concerned that the City is too reliant on retail development, and in particular was concerned that the Brookdale Shopping Center was too dominant within the City in terms of its revenue producing .development. He pointed out that only six cities in the metropolitan area have higher ratings than Brooklyn Center, those cities being Edina, St. Louis Park, Roseville, Fridley, Minneapolis, and St. Paul. He stated that he recommends that the City accept the low bid submitted by the lst National Bank of St. Paul. Mr. Polson added that the City Manager and the Director of Finance did an excellent job in their presentation to Moody's for the bond rating increase. The City Manager stated that he believes his presence along with the Director of Finance, helped to increase the City's bond rating. He pointed out that Moody's concern stressed Brooklyn Center's apparent overdependence on commercial and retail development. Councilmember Lhotka left the table at 10:14 p.m. and returned at 10:15 p.m. RESOLUTION NO. 80 -205 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AWARDING THE SALE OF $1,500,000 GENERAL OBLIGATION PARK IMPROVEMENT BONDS OF 1980; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT 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 -206 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 2 TO CONTRACT 1980 -A (53RD AVENUE & PENN AVENUE NORTH UPGRADING) .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 8 -25 -80 -13- 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 - 207 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE.ORDER NO. 1 TO CONTRACT 1980 -K (NEIGHBORHOOD PARK IMPROVEMENTS) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken h p g 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 establishing Storm Sewer Improvements Project No. 1980 -24 (extension of 67th Avenue North storm sewer from Shingle Creek Parkway.westerly to Shingle Creek). and ordering preparation of plans and specifications. He explained this improvement is requested by the Dominion Development Corporation in conjunction with their development of the spec 9, 10, and 11 buildings. Councilmember Fignar inquired whether the project would be assessed to abuttin properties. The i � t P City Manager stated that it would be assessed and that if the Council acts on this resolution a public hearing would be held and all affected property owners would be notified. RESOLUTION NO. 80 — Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING STORM SEWER IMPROVEMENT PROJECT NO. 1980 -24 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS The motion for adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon the followin g voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fi gnar,.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 - 209 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON.PROPOSED STORM SEWER IMPROVEMENT PROJECT NO. 1980 -24 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 authorizing appropriation of additional funds for Strgar - Roscoe Inc. for construction services on Contract 1979 -D (Shingle Creek Parkway bridges and grading). The City Manager pointed out that Strgar- Roscoe Inc. has been asked to perform certain construction services, with regard to the Shingle Creek Parkway bridges, beyond those originally intended. He stated these services involved construction procedures of a highly technical nature for which the City staff is not qualified to perform. Also, he noted, the 8 -25 -80 -14- completion date of Contract 1979 -D has been extended so that additional construction services time will need to be extended. He pointed out the additional amount required for these services will be $5,000. The Director of Public Works pointed out that the project involves the twin bridges along Shingle Creek and stated that the Engineering Department has had to rely on Strgar- Roscoe for their expertise on prestressed concrete bridges on the project. Councilmember Lhotka inquired about the overall costs for the project. The Director of Public Works stated there had been a large overrun on the subgrade correction at the outset of the project but that except for this one overrun, the project is close to the cost estimate. RESOLUTION NO. 80 -210 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING APPROPRIATION OF ADDITIONAL FUNDS FOR STRGAR- ROSCOE, INC. FOR CONSTRUCTION SERVICES RELATED TO CONTRACT 1979 -D (SHINGLE CREEK PARKWAY BRIDGES AND GRADING) 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 -21.1 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF RESCUE VAN CABINETS 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. The City Manager introduced a resolution expressing recognition of and appreciation for the dedicated public service of Mr. Al Weyrauch and noted that Mr. Weyrauch had resigned from the Haman Rights Commission after serving on the Commission for ten years and as Chairman of the Commission for three years. Councilmember Lhotka pointed out that Al had done an outstanding job on the Commission and decided to leave the Commission primarily because of his job responsibilities but added that he would continue to attend meetings whenever possible. The Mayor noted and the Council agreed that Mr. Weyrauch had done an outstanding job serving on the Human Rights Commission over the past ten years. RESOLUTION NO. 80 -212 Member Gene Lhotka-introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF AL WEYRAUCH 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 Nyqui.st, 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 -25 -80 -15- DISCUSSION ITEMS SUMMARY OF CENTRAL PARK /SHINGLE CREEK TRAILWAY CONSTRUCTION COSTS The City Manager referred Council members to a memorandum from the Director of Public Works which pointed out that there is approximately $15,000 of unexpended appropriations in the Central Park /Shingle Creek Traiiway Project. Councilmember Lhotka inquired whether or not the final cost of the project would be over or under the cost estimates. The City Manager stated that he believes the City will be in good shape on the project since most of the work left to be completed on the project is finishing work and will be done by City employees. He pointed out that approximately $40,000 worth of the work on Central Park will be-done by City employees. 504 PROGRAM The City Manager introduced the next agenda item and referred Council members to a memorandum on the 504 program from Administrative Assistant Bublitz and noted that the Council could direct their questions on the 504 program to him. Council - member Kuefler inquired whether the 504 program was a recent program enacted -by Congress. Administrative Assistant Bublitz pointed out that the 504 legislation had been passed in 1973 but that the implementing regulations were not developed until 1977 and also that some federal agencies are still writing regulations to implement the 504 program. He pointed out that the program affects all agencies and municipalities that receive federal funds and is, in effect, a civil rights act for handicapped individuals_ He noted that the first task of the City with regard to the 504 requirements is to perform a self- evaluation of the City's facilities and programs with regard to whether or not they comply with the 504 regulations as developed by the Health, education and Welfare Department which is now the Department of Health and Human Services. He stated that, in addition to doing the self - evaluation, the City must appoint a 504 coordinator to oversee the program and added that he believed the Brooklyn Center Human Rights Commission could do a creditable job-in'developing a 504 program for the City. Councilmember Lhotka stated that he believes the Human Rights Commission could do an excellent job on the 504 program and believes it falls into their area of responsibility. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to appoint the City Manager as the City's 504 program coordinator. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. INDUSTRIAL DEVELOPMENT REVENUE BOND GUIDELINES The City Manager referred Council members to a memorandum from Administrative Assistant Hoffman regarding an IDR guideline addition which involved the recommen- dation that IDR applications be handled simultaneously with site and building plan submission and that the public hearing for preliminary approval for the IDR application be held the same night that the site and building plan is submitted to the Council for approval. There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to require that IDR applications be handled simultaneously with site and building plan submission and that the public hearing for preliminary approval for the IDR application be held at the same time that the site and building plan is submitted to the Council for approval. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. 8 -25 -80 -16- OPINION SURVEY REGARDING CONSTRUCTION OF NEW BUILDING TO HOUSE THE LEAGUE OF MINNESOTA CITIES OFFICES The City Manager introduced the next agenda item and explained that the League of Minnesota Cities is currently planning to build permanent office space to house their organization. Councilmember Kuefler stated that it is his understanding that the decision to build the office has been made and that the only question remaining is how the member cities would prefer to pay for their share of the building. He pointed out that the decision to construct the new building was made at the last League of Cities state convention. The Director of Finance pointed out that the present dues for the City of Brooklyn Center as a member of the League is $6,671 per year and that Brooklyn Center's total share for the construction costs would be $13,300. He stated that, if this figure is based on the population of the City it may be advantageous to pay for the project over the longer period of time because of the reduction in population due to the 1980 census. Councilmember Kuefler said he is looking to the staff for a recommendation on this item. The City Manager stated that, if there is a savings to the City on a time payment he would recommend the City go with payment over time but that if the lump sum is less costly he will recommend to contribute a.lump sum to the construction fund. REPORT ON STATE AID CUTBACK The City Manager stated that the Governor's recent State aid cut would affect the last three payments of State aid in 1980 and the first payment in 1981. He noted the overall reduction would be 8.3% which amounted to approximatiey $120,000. He pointed out that the League of Minnesota Cities'.staff is currently working with the Governor's staff to see if the cities may levy to make up the deficit in 1981. He pointed out that the City staff is in the process of reviewing its revenues for 1980 very closely and that the staff may be able to cover'a short fall of this size but that we do not know if the cuts will be averaged over the last three quarters or whether they would be loaded up at the end. He added that Senator. Ashbach has said that the Governor's figures are not correct but that the City staff's only alternative is to go on the assumption that they are correct at this point. He pointed out that his philosophy is to cut back and live within the cuts, acting responsibly, thereby demonstrating that the City has the responsibility to warrant more flexibility in municipal finances and levy limits in the future. Mayor Nyquist questioned when the City Manager would. have firm information regarding the overall effect of the cutbacks and the City's revenue figures for 1980: The City Manager stated that he would hopefully have this information within two weeks. Councilmember Kuefler pointed out that the City's reserve is important to consider at this point. The City Manager stated that the 25% to 50% reserve, as we have in Brooklyn Center, 3s a good fiscal planning policy. REQUEST FROM BROOKLYN HISTORICAL SOCIETY FOR CIVIC FUNCTION DECLARATION The City Manager pointed out that the request from the Historical Society to have their antique sale designated as a civic function is to qualify them for the additional signage as per the amended Sign Ordinance regarding civic functions. There was a motion Councilmember Scott and seconded by Councilmember Kuefler to approve the designation of the Brooklyn Historical Society's antique sale scheduled for September 6 and 7 as a civic function. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to approve the following list of licenses: 8 -25 -80 -17- CIGARETTE LICENSE Consumer Vending Co. 2727 26th Ave. So. Bridgeman's 6201 Brooklyn Blvd. FOOD ESTABLISHMENT LICENSE Metropolitan Salad & Produce 6800 Shingle Crk. Pkwy. Linda Snyder 9849 Zilla N.W. European Health Spa 2920 County Rd. 10 ITINERANT FOOD ESTABLISHMENT LICENSE Knights of Columbus Auxiliary 6039 Halifax Ave. No. (Flea'Market) MECHANICAL SYSTEM'S LICENSE Del Air Conditioning 9860 James Circle Owens Service Corporation 930 E 80th St. The Solarchain Company 5211 Lakeland .Ave. No. NONPERISHABLE VFNDING MACHINE LICFNSE Duke's Properties 6870 Shingle Crk. Pkwy. Duke's Standard 6501 Humboldt Ave. No. RENTAL DWELLING LICENSE Renewal: Dwight Jereczek 6319 Brooklyn Drive SIGN HANGER'S LICENSE Macey Sign Company 451 Wilson St. N.E. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. A PPOINTMENT TO DISTRICT 281 COMMUNITY SERVICES ADVISORY COMMIMISSION Mayor Nyquist stated that he had received a letter from the Mayor of Robbinsdale requesting that the Brooklyn Center City Council consider the appointment of Mr. Shaft of the City of Crystal to the District 281 Community Services Advisory Commission. There was a motion by Councilmember Lhotka and seconded by Council- member Fignar to approve the appointment of Mr. Shaft to the District 281 Community Services Advisory Commission. Voting in favor.: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. RESOLUTION NO. 80 -213 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING RESOLUTION NO. 80 -175 TO PROVIDE FOR PUBLIC HEARING ON PROPOSED ASSESSMENTS TO BE RESCHEDULED TO SEPTEMBER 22, 1980 8 -25 -80 -18- 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. ANNOUNCEMENT The City Manager stated that he has been contacted by the education office of District 279 and that they have suggested separating the Brooklyn Park and Brooklyn Center polling place which has been at the Fair Oaks School over the past years, to eliminate confusion at the polls. The City Manager suggested that the Brooklyn Center polling place could be changed from Fair Oaks to Orchard Lane School and that all voters in the precinct would be notified of this change if the Council approved it. There was a general consensus of the .Council members to approve the change of the polling place from Fair Oaks School to Orchard Lane School. ADJOURNMENT There was a motion by.Councilmember Kuefler and seconded by Councilmember 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 adjourned at 11:06 p.m. Mayor Clerk 8 -25 -80 -19-