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HomeMy WebLinkAbout1980 06-09 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 JUNE 9, 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. ROLL CALL Mayor Dean Nyquist, Councilmembers Tony Kuefler, Bill Fignar, 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 Inspection Ron Warren, City Attorney Richard Schieffer, Parks & Recreation Director Gene Hagel, Building Official Will Dahn, Planning Assistant Gary Shallcross; and Administrative Assistant Tom Bublitz. Mayor Nyquist noted that Councilmember Lhotka was out of town and would not be present at.this evening's meeting and was excused. INVOCATION The invocation was offered by Father Dan Lowry St. Alphonsus Catholic Church. APPROVAL OF MINUTES - REGULAR SESSION MAY 19, 1980, BOARD OF EOUALIZATION JUNE 2, 1980 There was a motion - by Councilmember Scott and seconded by Councilmember Kuefler to approve the minutes of the City Council meeting of May 19, 1980 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott; voting against: none, the motion passed unanimously. There was a motion by Councilmember Fignar and by Councilmember Scott to approve the minutes of the Board of Equalization meeting of June 2, 1980 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott; voting against: none, the motion passed unanimously. OPEN FORUM Mayor Nyquist noted the presence of Mr. Ricky Nyquist who had requested to use the Open Forum session. Mr. Nyquist stated that he believed there was a need for a live bait shop in Brooklyn Center. He noted that it is presently not possible to obtain live bait within the City of Brooklyn Center and that it is necessary for fishermen to travel quite some distance to obtain live bait. He explained that he wanted to make the Council aware of this problem and would appreciate any assistance they could offer. The City Manager stated that he would check to see if the new Burger Brothers sporting goods store coming into Brooklyn Center would be able to offer live bait at its store. APPOINTMENTS TO TRAFFIC SAFETY ADVISORY COMP'[ITTEE The City Manager explained that the Council authorized the establishment of the Traffic Safety Advisory Committee and noted that seven applications for 6 -9 -80 -1- membership on that Committee had been received. He stated it is recommended that these individuals be"appointed to the Traffic Safety Advisory Committee by the City Council. Councilmember Kuefler stated that he believes the applications show a good cross section of people for the Traffic Safety Advisory Committee. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to appoint the following individuals for three year terms to the Traffic Safety Advisory Committee: 1. Dan R. Raustadt of 3313 Mumford Road 2. Jack C. Bell of 12850 28th Avenue North, Plymouth 3. William Garrett Suits of 5936 Fremont Avenue North 4. Arnold J. Foslien of 7120 Riverdale Road 5. James R. Merila of 4019 58th Avenue North 6. Joyce Tolve of .7012 Oliver Circle North 7 • Phil Cohen of 5302 Humboldt Avenue North Mr. William Suits, who was present in the audience, informed Councilmembers that Mr. Jim Sandberg of 6019 Abbott Avenue is also interested in serving on the Traffic Safety Advisory Committee and suggested that he be contacted for membership. The City Manager stated that the Council had authorized nine positions on the Committee and that with the seven appointments tonight there are two remaining memberships to be filled. Mayor Nyquist noted that he would appointea chairman to the Advisory Committee after he had spoken with the person he is proposing for that position. The City Manager explained that, in the interim he would chair the first meeting. RESOLUTIONS The City Manager introduced a resolution accepting bids for equipment rental for grading work in Central Park and .explained that the Director of Public Works would review the bids received. The Director of Public Works referred Councilmembers to a memorandum from the Director of Public Works to the City" Manager dated June 9, 1980 regarding bids for equipment rental and proposals for furnishing sand for Central Park Project 1978 -41. The Director of Public Works. explained that the bid items on the equipment rental were divided that bid item number one on the memo represented the bid for tandem trucks and bid item number two was for scrapers and crawler tractors. He noted that .the trucks.will be used to haul sand to mix with the natural peat in the area to make turf'for the park. He. explained that two bids for truck rental were received and that U.D. Contracting was the low bid for this item. He also noted that U.D. Contracting submitted the only bid for heavy equipment rental. He explained that two proposals were solicited for sand, one from Park Construction and one from U.D. Contracting. The Director of Public Works explained that Park Construction's bid of $2.25 per cubic yard, was the low bid, but reviewed the problems with Park Construction's bid as outlined in the June 9, 1980 memorandum to the City Manager. He explained that U.D_'s bid of $2.55 per cubic yard is 30C per yard greater but that the staff believes it is worth the additional 30� per yard to have more control over the operation than would be possible with Park.Construction. He stated that the staff recommends awarding the bid to U.D. Contracting for the entire package, in- cluding sand. Councilmember Fignar inquired what the timetable for the project was. The Director of Public Works stated that the turf building can be accomplished in approximately three weeks. 6 -9 -80 -2- RESOLUTION NO. 80 -126 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID FOR EQUIPMENT RENTAL (PROJECT 1978 -41) 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, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 80 -127 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATION FOR FURNISHING SAND (SELECT GRANULAR MATFRIAL) PROJECT 1978 -41 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, 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 approving plans and specifications for Contract 1980 -G and explained that this resolution covers the installation of the traffic control signal system at the intersection of Humboldt Avenue North and 65th Avenue North /Freeway Boulevard. The Director of Public works explained that the total project cost would be $88,000.00 and that the State will.pay 25% of the cost. He stated that it is anticipated to open bids on the project on July 1, 1980 and make recommendations to the Council for awarding the contract at its July 7, 1980 meeting He explained the signals are expected to be operational by the end of this year. . RESOLUTION NO. 80 -128 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR TRAFFIC SIGNAL IMPROVEMENT NO. 1979 -10 AND DIRECTING ADVERTISEMENT FOR BIDS (TRAFFIC SIGNAL CONTRACT 2980 -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, 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 approving plans and specifications for Contract 1980 -F and explained that this resolution covers the following projects: 1978 -45 - grading, base, bituminous pavement on Shingle Creek Parkway from Freeway Boulevard to 69th Avenue North. 1978 -45 - concrete curb and gutter and sidewalk on Shingle Creek Parkway from Freeway Boulevard to 69th Avenue North. 1980 -07 - geometric improvements at.the intersection of Humboldt Avenue and 65th Avenue /Freeway Boulevard. 1980 -13 - street improvements on 66th Avenue North cul -de -sac east of Xerxes Avenue (Earle Brown First Addition): 6 -9 -80 -3- . The Director of Public Works explained that the first two projects would be financed with MSA funds and special assessments, the third project would be financed with MSA funds and the fourth project would be special assessed to the developer. He noted that a July 15, 1980 bid opening date is anticipated and it is expected that the contract will be awarded at the July 21, 1980 City Council meeting. He explained that traffic should be able to be carried on the projects by fall. RESOLUTION NO. 80 =129 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR STREET GRADING, BASE, AND SURFACING IMPROVEMENT NO. 1978 -45B, CURB & GUTTER AND SIDEWALK IMPROVEMENT NO. 1978 -46, GEOMETRICS "IMPROVEMENT NO. 198.0 -07, AND STREET IMPROVEMENT NO. 1980 -13B AND DIRECTINq ADVERTISEMENT FOR BIDS (PAVING CONTRACT 1980 -F) The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Celia Scott and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City,Manager introduced a resolution approving plans and specifications for Contract 1980 -H and explained this contract provides for the installation of a lighting system on the two softball /football fields in Central Park.'' RESOLUTION NO. .80 -130 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE BALLFIELD LIGHTING PORTION OF CENTRAL PARK FACILITIES IMPROVEMENT NO. 1980 -09, AND DIRECTING ADVERTISEMENT FOR BIDS ( BALLFIELD LIGHTING CONTRACT 1980 -H) 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, 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 approving agreement with Blumentals Architects, Inc. for the design of a picnic shelter in Central Park and of a. replacement shelter building in Garden City Park., RESOLUTION NO. 80 -131 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT WITH BLUMENTALS ARCHITECTS, INC. FOR THE DESIGN OF PICNIC SHELTER IN CENTRAL PARK AND OF A REPLACEMENT SHELTER BUILDING IN GARDEN CITY PARK The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 6 -9 -80 -4- The City Manager introduced a resolution approving an agreement with Merila- Hansen, Inc. for the design of parking lot improvements, court areas, tennis ball walls, trails and lighting systems in neighborhood parks. He explained .that proposals were solicited from three consultants for the development of construction plans.and specifications for. a major part of the work contemplated by the park bond issue. He noted the proposed agreement requires the con - sultant to submit plans and-specifications'-to the City Council for approval at the July 21, 1980 City Council meeting so that bids can be received by August 7 and awarded on August ll. He explained this will allow much of the construction to be accomplished in 1980. RESOLUTION NO. 80 -132 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT WITH MERILA- HANSEN, INC. FOR THE DESIGN OF PARK SYSTEM IMPROVEMENTS 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, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Councilmember Kuefler complimented the City staff on their prompt start on the development work comtemplated in the park bond. The City Manager introduced _a resolution accepting work for Reforestation Contract No. 1979 -F and explained.that this contract comprehended the planting of trees throughout the City as replacements for diseased shade trees removed in 1979. He added that the contractor, Midwest! Landscaping, has satisfactorily completed the work. RESOLUTION NO. 80 -133 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER REFORESTATION CONTRACT 1979 -F The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution authorizing Supplemental Agreement No: 1 for 53rd Avenue North upgrading Contract 1980 -A and explained that Supplemental Agreement No. 1 provides for the relocation of sanitary sewer laterals to facilitate storm sewer construction along 53rd Avenue North. He added that the in -place location of the laterals varied from the record locations and the laterals must be relocated for proper functioning of the 53rd Avenue storm sewer system. RESOLUTION NO. 80 -134 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF SUPPLEMENTAL AGREEMENT NO. 1 TO CON - TRACT 1980 -A FOR UNDERGROUND UTILITY RELOCATION AT 53RD AVENUE NORTH AND DUPONT AVENUE AND APPROPRIATION OF FUNDS 6 -9 -80 =5- 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, 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 Supplemental Agreement No. 2 for 53rd Avenue North upgrading Contract No. 1980 -A and explained that Supplemental Agreement No. 2 provides for an alternate catch basin style for storm sewer along the Minneapolis side of 53rd Avenue North. He noted this alternate is being employed in order to avoid conflicts with a 6" gas main along 53rd Avenue. He stated the conflicts resulted from a discrepancy between record locations and in -place locations of this main and that the City of Minneapolis has agreed to this alternate catch basin style. RESOLUTION NO. 80 -135 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF SUPPLEMENTAL AGREEMENT NO. 2 TO CONTRACT 1980 -A FOR INSTALLATION OF SPECIAL DRAINAGE STRUCTURES ALONG 53RD AVENUE NORTH AT VARIOUS LOCATIONS AND APPROPRIATION OF FUNDS 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, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Mayor Nyquist noted that the resolution appointing the Chief-Clerical Officer of the City of Brooklyn Center had been deleted from the agenda. RESOLUTION NO. 80 -136 Member Bill Fignar introduced the following resolution and-moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF ALICE VELANDER The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken.thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill.Fignar, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.. RESOLUTION NO. 80 -137 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION PROCLAIMING JUNE AS PARKS AND RECREATION MONTH The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 80 -138 Member Celia Scott introduced the following resolution and moved its adoption: 6 -9 -80 -6- RESOLUTION ACCEPTING INSURANCE PROPOSAL The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted - in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RECESS The Brooklyn Center City Council recessed at 7:40 p.m. and reconvened at 8:00 P.M. ORDINANCES The City Manager introduced an ordinance amending Chapters 34 & 35 of the City Ordinances regarding administrative permits for signs for civic functions and community events and explained this ordinance was first read on May 19, 1980, published on May 29, 1980.and is presented this evening for second reading. ORDINANCE NO. 80 -5 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTERS 34 AND 35 OF THE CITY ORDINANCES REGARDING ADMINISTRATIVE PERMITS FOR SIGNS FOR CIVIC FUNCTIONS AND COMMUNITY EVENTS . The motion for the adoption of the foregoing ordinance 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, and Celia Scott; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted, OPEN FORUM Mayor Nyquist noted that he had received additional requests to use the Open Forum session from Mr. Richard Morris of 6911 Dallas Road and Mr. Robert Wilbur of 6857 Dallas Road. Mr. Morris stated that, recently his wife had conducted a garage sale and that a Brooklyn Center Code Enforcement Officer, enforcing the City Sian Ordinance, had requested her to remove a banner advertising the garage sale. Mr. Morris stated that, in his opinion, other problems required more enforce - ment than do garage sale signs, and he specifically cited the example of the pedestrian crosswalk area on 252, which in his opinion, is not being enforced by the Brooklyn Center Police Department. Mr. Morris also expressed a concern over a Dutch elm disease problem and noted that an island of approximately 60 acres located in Brooklyn Park has apparently been taken off the Dutch elm disease control area by Brooklyn Park, but residents only a few hundred yards away from the island are still required to remove their diseased trees. He did not think this was an equitable situation. The City Manager stated that Mr. Wilbur had sent him a packet of information and that the staff will check into the tree situation on Durnam island, He rioted that Brooklyn Park has jurisdiction in this area but does not apparently own the island. He added that he had sent copies of the Sign Ordinance to Mr. Morris and Mr. Wilbur concerning the garage sale signs. The City Manager 6 -9 -80 -7- explained. that, in order to qualify for the crosswalk, an individual must step up on a crosswalk before traffic is required to '"stop. He said this presents a problem for some persons desiring to use the crosswalk and that the City is working with the State to get traffic control devices located in this area. Mr. Wilbur noted that, apparently Brooklyn Park had requested the.release of Durnam Island from the control area and that he did not think this was a proper action on their part. PLANNING- COMMISSION ITEMS The City Manager introduced Application No. 80015 submitted by Darrel Farr Development Corporation for a variance from the Sign Ordinance Section 34- 14,2,1,(3) to erect a 36 square foot promotional sign to advertise the sale of condominiums a-t The Beach Condominium Complex. He noted that the Planning Commission recommended denial of Application No. 80015 at its May 22, 1980 Planning Commission meeting. The Director of Planning and Inspection stated that this item was first considered at the May 8, 1980 Planning Commission meeting and a public hearing was opened but the item was tabled to the May 22 meeting since the applicant was not present at the May 8 Planning Commission meeting. The Planning Commission information sheet prepared for Application No. 80015, submitted by Darrel A. Farr Development Corporation, was presented to the City Council and reviewed by the Director of Planning and Inspection. The Director of Planning and Inspection explained that Mr. Tom Johnson, representing the applicant, had stated that the report given to the Planning Commission accurately reflected the applicant's position on the variance request. He noted that Chairman Hawes noted that several residents in the neighborhood of The Beach Condominium Apartments had expressed an opposition to the granting of the sign variance for The Beach Complex. The Director of Planning and Inspection noted that the applicant is present at this evening's meeting and that the proper notices have been sent. In- response to a question by Councilmember Kuefler, the Director of Planning . and Inspection stated that the Building Official interpreted that the condominium complex was not under that part of the Sign Ordinance governing new construction and that this'interpretation was upheld by the Planning Commission and the City Council. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 80015. Mr. Tom Johnson, representing the applicant addressed the City Council and noted that the Director of Planning and Inspection's presentation was an accurate reflection of the applicant's request for a variance. He stated that he believes the project is unique because of the 150 foot setback from Highway 100 which necessitates the extra signage. He stated that the sales rate of The Beach Condominium Complex at this point showed 59 out of a total 126 units as sold. He explained that they are not getting the traffic they feel they should be getting to the site. He added that, any assistance from the Council would be appreciated. Councilmember Fignar inquired what percentage of sales is attributed to signery. Mr. Johnson stated that 3 1 of to to 1% of total sales is directly related to signery. 6 -9 -80 . -8- The City Manager noted that Councilmember Lhotka had requested him to relay the fact that he was in concurrence with the Planning Commission's recommendations on Application No. 80015. Councilmember Fignar inquired what kind of timetable The Beach Complex was looking at for selling. Mr. Johnson stated that the original two year time - table was optimistic and that he feels it will still be between one and a half to two years before sales are completed. Councilmember Kuefler inquired whether an ordinance change would make an allowance specifically for condo - minium conversions in the Sign Ordinance. The Director of Planning and Inspection stated that condominium conversions would probably be handled as a separate item in the Ordinance. In response to a question from Councilmember Scott the Director of Planning and Inspection stated that the applicant could make use of identification signs and wall identification signs to serve the same purpose as the proposed billboard and that the applicant would be entitled to these signs now. There was a motion by Councilmember Scott and seconded by.Councilmember Kuefler to close the public hearing on Application No. 8001-5. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none, the motion passed.unanimously. Councilmember Scott stated that she believes there are other solutions to the applicant's problem other than a variance and that the use of the present identification signs for advertising purposes would be a solution for the applicant in that these signs -are already allowed under the Ordinance. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to deny Application No. 80015, a request for a variance from Section 34 -14, 2,1,(3), on the grounds that the standards for a variance are not met. Voting in favor: Mayor, Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none, the motion passed unanimously. DISCUSSION ITEMS d 4 -H GROUPS IN BROOKLYN CENTER The City Manager introduced the first discussion item and explained that.it was related to a request for a donation from the City of Brooklyn Center to the Hennepin County Fair and that the City Council requested information on local 4 -H groups before a decision would be made on a contribution to the County Fair. The City Manager referred Councilmembers to a memorandum from the Parks & Recreation Director.regarding 4 -H groups in Brooklyn Center and noted that 4 -H is a limited activity in Brooklyn Center. Councilmember Kuefler inquired whether the City has ever had any requests from 4 -H groups for contributions. The City Manager stated that there had been none. Council - member Kuefler suggested that the Council take no action on the contribution unless the 4 -H groups request a contribution themselves. SELECTION OF CONSULTANTS FOR PARK DEVELOPMENT The City.Manager referred Councilmembers to a memorandum regarding the purchase of consulting services for park improvements and explained that the City Council had been informed during the development of the bond issue and the park improvement plan that it would be necessary to complete the improve- ments in accordance with the schedule and that outside consulting services for certain aspects of the improvements had to be- hired. 6 -9 -80 -9- RESOLUTION NO. 80 -139 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT WITH_BRAUER AND ASSOCIATES, INC. FOR DESIGN OF ARBORETUM 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, and Celia Scott, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. LIQUOR LICENSE FEES The City Manager explained that this item involves a discussion of the Chamber of Commerce Local Government Committee's recommendations to reduce the liquor license fees in Brooklyn Center. Executive Vice-President of the Chamber, Lonni McCauley stated that she would answer the Council's questions regarding ' the recommendations from the Chamber but that she had not prepared a presenta- tion for this evening's.meeting. She explained that the Chamber feels the $10,000.00 fee is excessive when compared to other surrounding cities. She p 5 added that the Chamber believes that the 50/50 split in the liquor and food revenues and the $250,000.00 minimum investment requirement will maintain the quality of establishments by themselves. Councilmember.Fignar inquired whether the criteria for the reduction of the fee is based on the assumption. that the $10,000.00 fee is more than is necessary to provide the necessary service to the bars. Ms: McCauley stated that she does not have information on that cost correlation but feels that the fee should not be a mainstay of the City budget. Mayor Nyquist inquired whether the liquor license fee has discouraged any new establishments in Brooklyn Center., Ms. McCauley "stated that she did not know what effect the fee had on new establishments coming into the City.. - The City Manager- stated that, under the current system there is a minimum of difficulty with liquor establishments and that he believes this is in part due to the $10,000.00 fee discouraging smaller operations. Councilmember Fignar inquired whether the 50/50 food /liquor split will be maintained. The City Manager explained that this also helps control liquor establishments in Brooklyn Center. Councilmember Kuefler stated that he believes the Chamber's request to examine the liquor license fee schedule has merit and that he does not know how the $10,000.00 fee was originally established. He added that, the City would have trouble cutting $20,000.00 out of the City budget if the fee were reduced since the City.is approaching its levy limits already. However, he stated that he does see some merit in setting definite criteria for establishing a liquor license fee. The City Manager explained that, for example, the annual reports distributed to the Council show the number of police calls to each of the liquor establishments and that the'City staff could attempt to establish a cost analysis based on these types of factors. He stated that he would not recommend a reduction in the fee since inflation is lowering the fee on an annual basis. He stated that the staff will research how the fee was established and report back to the Council including an analysis of the history, statutory requirements and researching how other cities set their liquor "license fees. 6 -9 -80 -10- Councilmember Fignar inquired if the Council chose to.lower the fee could it then again be raised. The City Manager stated that the Council has considerable flexibility and authority to set liquor license fees. The City Attorney explained that the liquor license fee was originally designed by the Legislature to be used as a control device for cities and that many cities use it.as a planning device. He stated he does not see any legal problems in changing the fee and that the fee does not have to be based on administrative costs. Ms. McCauley noted that, in her survey of other suburbs the cost of liquor license fees did not seem to be related to the number of liquor establish- ments found in a particular community. Councilmember Fignar stated that he feels the fee should be a user type fee in that it would pay for services provided and he does not want it to be excessive. The City Manager stated that the staff will prepare and research, by budget time in early September or.late August information for the Council regarding liquor license fees. Ms. McCauley stated that the Chamber .would be happy to assist with any information gathering it could provide to this research effort. STAFF REPORT ON CAPITAL IMPROVEMENTS PROGRAM The City Manager explained that the Capital Improvements Program is part of the comprehensive planning requirement of the City. He noted that Planning Assistant, Gary Shallcross has prepared the Capital Improvements Program presented to the City Council and that Mr. Shallcross is prepared to make a presentation to the Council this evening. Mr. Shallcross stated that the purpose of the Capital Improvements Program is to establish a process for both physical and fiscal planning in the Community. He explained that fiscal planning is very important for the City to consider. He explained that the Capital Improvement schedule for 1981 -1985 is divided essentially into parks and public works type projects and explained that any dollar figures past 1980 are based on 1980 dollars. He noted that the due date for the Comprehensive Plan, including the Capital Improvements Plan, is July 1, 1980 and that if the Council chooses it may call for a public hearing and approve -the plan at the next meeting or.ask for an extention on this deadline. In response to a question from.Councilmember Kuefler the Director of Public Works.stated that the City streets.are divided into MSA streets and neighbor - hood streets and that in the Capital Improvements Plan only City funds, not assessments, are listed in the costs except in some cases where there was a combination of MSA, City, and assessments. The City Manager stated that the Capital Improvements Plan has raised a question that neighborhood streets need to be repaired and that assessment policies may'need to be changed to accomplish this in the five to six year period outlined in the Capital Improvements Program. Councilmember Kuefler stated that he believes the timetable may be even shorter for the replacement of neighborhood streets. The Director of Public Works stated that the plan reflects the current policy on local streets, that is 100% assessed, and that with this policy the City will not likely receive many requests to rebuild the streets. The plan, he noted, suggests amending this policy. Councilmember Kuefler stated that he is concerned with looking at and developing a process which can be used to replace neighborhood streets. He also added that, he believes sofa funds should be added to the 1985 capital expenditures catagory for parks in that capital dollars to maintain the credibility of the park program is necessary. 6-9 -80 -11- He added that some dollars should be programmed on an annual basis for parks. The City Manager stated that the staff would examine this policy. He added that the staff would like to have the Council set a public hearing date on the Capital Improvements Plan for the next Council meeting. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to set the public hearing date for the Capital Improvements Program for the June 23, 1980 City Council meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none, the motion passed unanimously. SHEEHY PERFORMANCE BONDS The City Manager stated that the staff will be prepared to report on the status of two performance bonds being held against Sheehy Construction Company for Arctic Metals and Earle Brown Farm Apartments. He explained that Sheehy was the contractor for most of the Spec buildings and that there are several outstanding bonds carried by Sheehy Construction. The Director of Planning and Inspection stated that the City is holding a number of Sheehy performance bonds, approximately thirteen, some going back as far as the early 1970's. He, noted that the staff has inspected the Arctic Metals and Earle Brown Apartments site and in both a number of landscaping and curbing requirements have not been met. He stated that the staff is asking , the Council for permission to.notify Sheehy and give thirty days for a response and if no response or time schedule for completion of the requirements have been received in the thirty day period the City will direct the City Attorney to begin foreclosure on the two performance bonds. Mayor Nyquist inquired whether there.would be any official action required by the Council this evening. The Director of Planning and Inspection stated that the staff is only seeking guidance from the Council and a general consensus of their opinion. Councilmember Fignar inquired what the dollar amounts of the performance bonds were. The Director of Planning and Inspection stated that the performance bond for Earle Brown Apartments was $15,000.00 and the bond for Arctic Metals was $17,500.00. Councilmember Kuefler inquired how old the bonds were. The Director of Planning and Inspection stated that the oldest performance bonds go back to 1970 or 71. There was a general consensus of City Councilmembers to have the City staff proceed with giving notice to Sheehy Construction on the performance bonds on Arctic Metals and the Earle Brown Farm Apartments. Councilmember Kuefler suggested developing some type of time requirements -- for performance in cases such as this and added that they should be stated in the agreement with the developer. The City Manager noted there is . a difficulty in enforcing the performance bonds when we contract the owner and the developer has long since completed the project. GAMBLING LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve the Class A gambling license for the Twin Lake Alano Society. Voting in favor: Mayor Nyquist Councilmembers Kuefler, Fignar, and Scott. Voting against none, the motion-passed-unanimously. 6 -9 -80 -12- There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to waive the $10,000•.00 fidelity bond for the gambling license for the Twin Lake Alano Society. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none, the-motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to approve the following list of licenses: BAKERY FOOD VEHICLE LICENSE Good Earth Restaurant 5717 Xerxes Ave. No. CIGARETTE LICENSE A. Weisman Company 2727 26th Ave. So. Sears Brookdale Shopping Ctr. FOOD ESTABLISHMENT LICENSE Brooklyn Center Babe Ruth 1706 72nd Ave. No. Evergreen & Grandview Parks Happy Dragon Restaurant 5532 Brooklyn Blvd. (new owner - Wesley H. H. Yee) GAMBLING LICENSE Twin. Lake Alano Society, Inc. 4938 Brooklyn Blvd. ITINERANT FOOD ESTABLISHMENT LICENSE William D. Stanley Shows P. O. Box 1421 MECHANICAL SYSTEM'S LICENSE LeVahn Brothers Plumbing 3200 Penn Ave. No. Nelson Sheet Metal & Roofing, Inc. 1100 York NONPERISHABLE VENDING MACHINE LICENSE Evergreen Park Manor 7224 Camden Ave. No. RENTAL DWELLING LICENSE Initial: Chong Sul Lee 5715 Knox Ave. No. Renewal: Brooklyn Center Development Co. Earle Brown Farm Apts. Richard E. Moehrle 5817 Shores Drive SIGN HANGER'S LICENSE Lawrence Sign Company 945 Pierce Butler Rt. Universal Sign Company 1033 Thomas Ave. 6 -9 -80 -13- SWIMMING POOL LICENSE European Health Spa 2920 County Road 10 Village Properties 3200 Windhurst Ave. N.E. Evergreen Park Apts. 7200 Camden Ave. No. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott.' Voting against: none, the motion passed unanimously. The City Manager stated that the staff has been negotiating with Bennie Rozman and his attorney Sam Saliterman over the Brookdale Ten property. The City Attorney stated that, last summer the rental license was pulled on the Brookdale Ten property and the City was sued. As a result he noted the City entered into a performance bond agreement for $20,000.00 to clean up the . Brookdale Ten property. He stated that the City is seeking a judgment that its Ordinance is constitutional and that we want to establish that our Ord - inance is indeed - constitutional. He noted that he has prepared a stipulated agreement to this effect but.the agreement also states that all the require - ments set out in the performance bond have been met. He noted there is approximately $2,000.00 worth of landscaping that is not completed. He stated that he feels the stipulated settlement is a good one and that there is a chance, if it is put off because of the work remaining to be done under the performance bond agreement, there may be a chance that it may go to trial. The City Manager stated that Mr. Rozman and his attorney claim that all the work has been completed and that this is the impasse that the staff is now at. After discussion by the Council,Councilmember Kuefler stated that he would contact Mr. Rozman and attempt to help reach a settlement in this matter.. The City Manager stated that the staff is seeking authorization to sign the stipulated settlement for Council - review at the next Council meeting and is requesting that the Council approve this action. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve a stipulated agreement on the Brookdale Ten property as approved by the City Attorney. Voting in favor: Mayor Nyquist, Council - members Kuefler, Fignar, and Scott. Voting against: none, the motion passed unanimously., ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to adjourn the meeting. Voting in favor: Mayor Nyquist, Council- members Kuefler, Fignar, and Scott. Voting against: none, the motion passed unanimously. The Brooklyn Center City Council adjourned at 9:52 p.m. F lerk - May 6 -9 -80 -14-