Loading...
HomeMy WebLinkAbout1980 04-21 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 APRIL 21, 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 7:02 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Bill Fignar, Gene Lhotka, and Celia Scott. Also present were Director of Public works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Richard Schieffer, Civil Engineer Jim Grube, and Administrative Assistants Brad Hoffman and Tom Bublitz. Mayor Nyquist noted that Councilmember Tony Kuefler would be late for this evening's meeting and was excused. INVOCATION The invocation was offered by Pastor Cilke of the Brookdale Christian Center. APPROVAL OF MINUTES - APRIL 7, 1980 There was a motion by Councilmember Scott and seconded'by Councilmember Lhotka ` to approve the minutes of the City Council meeting of April 7, 1980 as.submitted. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session this evening. Mayor Nyquist inquired of the audience if anyone was present who wished to address the Council. There being none, the Mayor proceeded with the regular agenda items. FINAL PLAT APPROVAL - BFACH APARTMENT CONDOMINIUM Administrative Assistant Bublitz introduced the next item on the agenda which was a request for final plat approval of the Beach Apartment Condominium located at 42 07 Lakeside Avenue. He explained that the City Attorney has reviewed and approved the Homeowners Association documents required with this plat and added that approval is recommended subject to the completion and execution of all required documents. Mayor Nyquist inquired whether there was anything that could be added to the documents which would indicate that the developer of the Beach Apartment Condo- minium also owns controlling interest in the Homeowners Association. The Director of Planning and Inspection noted that disclosure statements were required in the documents for code considerations. Mayor Nyquist indicated that he would request that disclosure statements be added to indicate that the owner and manager is one in the same and has controlling interest in the Homeowners Association. The City Attorney stated that he believes this type of statement could be handled at the staff level. There was a motion by Councilmember Fignar and seconded by Councilmember Scott to approve the final plat of the Beach Apartment Condominium located at 4207 4 -21 -80 -1- Lakeside Avenue. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. RESOLUTIONS Administrative Assistant Bublitz introduced a resolution accepting bids and approving contract form for Contract 1980 -D (Summit Drive construction). He explained that bids for this project were opened on April 8, 1980 and it is recommended that the bid of Thomas & Sons Construction in the amount of $79,548.15 be accepted. RESOLUTION NO. 80 -89 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM SUMMIT DRIVE NORTH IMPROVEME - NT- CONTRACT 1980 D The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Administrative Assistant Bublitz introduced a resolution authorizing the execution of an agreement for aerial photography and topographic mapping of a portion of the City. He stated that requests for proposals for this professional service were submitted by two firms which specialize in this work. He added that this item is included in the 1980 budget for the Engineering Department. Councilmember Lhotka inquired whether the Council had approved some aerial photog- raphy already. The Director of Public Works stated that the only aerial photograph approved recently was for the golf course study. He added that the staff proposes to have color photos of the entire City and that the topographic mapping will provide valuable information for road construction planning and also for information of the City's Critical Area Plan. Councilmember Fignar inquired what the completion date for the project would be. The Director of Public Works stated that the photos will be taken within the next week and that the topographic maps will be developed within the next four to six months. RESOLUTION NO. 80 -90 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT WITH MARK HURD AERIAL SURVEYS, INC. TO FURNISH AERIAL MAPPING SERVICES The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Administrative Assistant Bublitz introduced a resolution ordering street width change for 53rd Avenue North between Camden Avenue and Bryant Avenue. He explained this resolution was tabled at the April 7, 1980 City Council meeting to allow discussion of the impacts of the project with representatives from the City of Minneapolis. 4 -21 -80 -2- The Director of Public Works stated that he has been in contact with the City of Minneapolis' staff and that Councilmember Kuefler contacted Alderman Alice Rainville who is agreeable to the street width change. He explained the staff is recommending adoption of the resolution subject to formal approval by the City of Minneapolis. Councilmember Fignar inquired when the City of Minneapolis would give its approval. The Director of Public Works stated that he would check with the City of Minneapolis to determine if formal approval is required by the City. He indicated that the City of Brooklyn Center has authority to issue the change order, but a question arises with consideration to the cost sharing agreement with the City of Minneapolis. RESOLUTION NO. 80 -91 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ORDERING STREET WIDTH CHANGE ON 53RD AVENUE NORTH BETWEEN CAMDEN AVENUE AND BRYANT AVENUE The motion for the adoption of the foregoing resolution was duly seconded by - member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Administrative Assistant Bublitz introduced a resolution approving plans and specifications for improvements in the Earle Brown lst Addition - Project No. 1980 -11, 1980 -12, and 1980 -13. RESOLUTION NO. 80 -92 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR WATER MAIN AND SANITARY SEWER IMPROVEMENT NO. 1980 -11, STORM SEWER IMPROVEMENT NO. 1980 -12, AND GRADING IMPROVEMENT NO. 1980 -13, AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1980 -E) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Administrative Assistant Bublitz introduced a resolution accepting a petition and ordering installation of water service line to 5301 Humboldt Avenue North. He explained this property has been connected to the Minneapolis water main system since 1934 and has never paid a water main assessment. He added that the property owner has signed a petition requesting installation of the service in conjunction with the 53rd Avenue improvements. RESOLUTION NO. 80 -93 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING RESOLUTION NO. 79 -77 ORDERING WATER MAIN IMPROVEMENT PROJECT NO. 1979 -1 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Fignar, Gene Lhotka, and Celia Scott; and the'following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 4 -21 -80 -3- Administrative Assistant Bublitz introduced a resolution authorizing Brooklyn Properties an extension of time for final plat approval; authorizing the Building Official to issue occupancy permits; and authorizing creation of a metes and bounds division. Mayor Nyquist stated that he would abstain from any action on this resolution since it involved a conflict of interest for him. He turned the conduct of the meeting over to Mayor Pro -tem Councilmember Celia Scott. Mayor Pro -tem Scott inquired whether this resolution would solve the applicant's problem. The Director of Planning and Inspection stated that the City is not now in a position to issue an occupancy permit for the property and stated that the resolution would grant a 30 day extension for Brooklyn Properties to receive final plan approval and would authorize the Building Official to issue a certificate of occupancy for the building. RESOLUTION NO. 80 -94 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING BROOKLYN PROPERTIES AN EXTENSION OF TIME FOR FINAL PLAT APPROVAL; AUTHORIZING THE BUILDING OFFICIAL TO ISSUE OCCUPANCY PERMITS: AND AUTHORIZING THE CREATION OF A METES AND BOUNDS DIVISION The motion for the adoption of the foregoing resolution was.duiy seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. OPEN FORUM Mayor Nyquist stated that he had received a request to use the Open Forum session and recognized Mrs. Julie Barry who wished to address the Council. Mrs. Barry indicated that she had been advised of a Hennepin County hearing on the 1981 and 1982 social services budget and that she believed the City of Brooklyn Center was not adequately represented at the meeting. She explained that the Social Service Act of 1979, mandated that citizen input be solicited on the expenditure of funds. She explained that she wants to assure equity in the distribution of social service funds throughout the County. Mrs. Barry requested that the Council communicate with Mr. Mike Weber of the Social Service Center and obtain input from persons who need service. She added that she is here as a Brooklyn P er input on the social i hearing to consad p Center citizen concerned with a c g Cen public services budget for Hennepin County. Councilmember Fignar inquired what the total budget amount was for Eennepin' County. Mrs. Barry indicated that it would be approximately $98,000,000 for 1981 and 1982. CONTINUATION OF RESOLUTIONS Administrative Assistant Bublitz introduced a resolution establishing a public hearing date for Commercial Partners industrial revenue bond proposal. RESOLUTION NO. 80 -95 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL TO UNDERTAKE AND FINANCE A COMMERCIAL DEVELOPMENT PROJECT OR PROJECTS 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 4 -21 -80 -4- in favor thereof: Dean Nyquist, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Councilmember Fignar inquired what the date of the public hearing would be. Administrative Assistant Hoffman stated that the hearing would be held the second Council meeting in May. Administrative Assistant Bublitz introduced a resolution accepting bids for furnishing and installing an elevator addition in the City Hall building. He stated it is recommended the bid of Kloster- Madsen, Inc. in the amount of $46,980 be accepted. RESOLUTION NO. 80 -96 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID FOR CITY HALL ELEVATOR ADDITION The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Administrative Assistant Bublitz introduced a resolution accepting quotations for the printing of the park bond informational brochure. He stated it is recommended the quotation of Brooklyn Printing and Advertising Company, Inc. in the amount of $2,400 be accepted. RESOLUTION NO. 80 -97 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF PRINTING OF THE PARK BOND INFORMATIONAL BROCHURE The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Administrative Assistant Bublitz introduced a resolution accepting quotations for the printing of the summer recreation programs and the City Manager's newsletters._ He stated that it is recommended the quotation of May -Lee Litho in the amount of $2,027 be accepted. RESO NO. 80 -98 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF THE PRINTING OF THE SUMMER RECREATION PROGRAM AND CITY MANAGER'S NLWSLETTER The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 4 -21 -80 -5- Administrative Assistant Bublitz introduced a resolution accepting quotations for the purchase of 120 dozen softballs. He stated it is recommended the quotation of Kokesh Athletic and Golf Supply in the amount of $4,794 be accepted. RESOLUTION NO. 80 -99 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF 120 DOZEN SOFTBALLS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Administrative Assistant Bublitz introduced a resolution accepting quotations for the purchase of 2,000 feet of 3 inch fire hose. He stated it is recommended the quotation of Akins Fire Equipment Company in the amount of $7,600 be accepted. Councilmember Fignar inquired whether there were any other companies involved in the bidding. Administrative Assistant Bublitz stated that there were no other companies bidding and that perhaps it was a situation where there was only one company manufacturing the product. Councilmember Lhotka stated that the Council had recently approved the purchase of other fire hose and' that he would like to know why all of the hose had not been purchased on the same bid. RESOLUTION NO. 80 -100 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF 2,000 FEET 3" FIRE HOSE The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Administrative Assistant Bublitz introduced a resolution expressing recognition of and appreciation for the dedicated public service of Michael Miller. He explained that Michael Miller had served on the Human Rights Commission for approximately 3 1 1 years and had just submitted his letter of resignation to the Chairperson of the Human Rights Commission. Councilmember Lhotka stated that Michael Miller had made an outstanding contribution to the Human Rights Commission during his period of service and that Mr. Miller has agreed to continue to help the Commission on a consulting basis should the need arise. RESOLUTION NO. 80 -101 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MICHAEL MILLER The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was 4 -21 -80 -6- declared duly passed and adopted. CITIZEN INPUT ON PARK BOND Mayor Nyquist opened the meeting for the purpose of receiving citizen input on the park bond. No one appeared to speak to the park bond issue and Mayor Nyquist proceeded with the next age.da item. MN /D PRESENTATION ON I -94 RECONSTRUCTION Administrative Assistant Bublitz introduced the next agenda item which was a presentation of plans, specifications and resolutions for I -94 reconstruction between Brooklyn Boulevard (T.H. 152) and Lyndale Avenue (T.H. 252) by the Minnesota Department of Transportation. He explained that Mr. William Crawford, MN /DOT's District 5 District Engineer, and several of his staff members will review plans and specifications for this project, which is scheduled for a May 23, 1980 bid opening.. He added that upon completion of this discussion, MN /DOT will request the City Council to consider three resolutions related to the approval of the project. The Director of Public Works introduced Mr. William Crawford, the District 5 District Engineer, for MN /DOT. Mr. Crawford proceeded to introduce his staff including Don Fleming, Assistant District Engineer, Ken Anderson, Jerry Kreutzer, Resident Engineer for the I -94 project, and Norman Jansen, Project Engineer for the I -94 project. Mr. Fleming proceeded to review slides of the I -94 reconstruction project and indicated that the MN /DOT staff will entertain questions after the slide presenta- tion. He explained that Brooklyn Center is one of the- last links in the I -94 highway project and when complete, the roadway will extend from Montana to Michigan. He added that the project is one of the largest projects both in terms of dollars and the amount of planning required. He noted that part of the project will involve the rebuilding of the T.H. 100 interchange. Mr. Fleming explained that in 1972 design public hearings were held, in 1976 the Environmental Impact Statement for the project was completed and that in 1978 the project plans were presented to the City of Brooklyn Center. He indicated that the completion date of the I -94 reconstruction is planned for July, 1983. Mr. Fleming proceeded to show slides which described plans for the reconstruction of I -94. He noted that the 252 bridge will be completely rebuilt and that 94 traffic will be separated from 694 traffic. Councilmember Kuefler arrived at 8:00 p.m. Mr. Fleming stated that five major bridges will be constructed at the interchange of I -94 and 100. In response to a question by Councilmember Scott, Mr. Fleming stated that a temporary pedestrian bridge will be installed on Dupont Avenue over 694. Mr. Fleming also noted that a portion of the project, from 59th to 40th in Minneapolis will not be let until October, 1.980. Councilmember Lhotka indicated that it was his understanding that the I -94 project was completely funded. Mr. Crawford stated that federal funds had been cut and that additional federal money will not be available until after October 1, 1980 for a portion of the project extending into Minneapolis. He also stated that the France Avenue inter- change will also not be on the May 23rd bid letting. Councilmember Fignar inquired what projections there were for clearing up the traffic problem between East River Road, and Fridley. Mr. Crawford stated that this project is being considered for the future but it is also dependent on obtaining the necessary funding. 4 -21 -80 -7- Councilmember Kuefler inquired that as the project develops would be there any concern for the traffic backing up on Shingle Creek Parkway. Mr. Crawford replied that traffic engineers have indicated that the projected capacity does not warrant traffic lights at this point. The Director of Public Works stated that for the past six months the City staff has been reviewing the staging of the roadway plans with the MN /DOT staff and has requested the Minnesota Department of Transportation that traffic be kept on trunk highways as much as possible and off local streets. He added that the specifications for the project have included an incentive clause where the State will pay $5,000 per day for early completion of the project by the contractor. He noted that it is disappointing that the south leg of the I -94 project into Minneapolis has no funding but that the State is spending almost all of its allocated funds on the Brooklyn Center project, noting that it is the only major project in the entire State. The City Manager arrived at 8:20 p.m. Councilmember Lhotka inquired where the noise walls were planned for installation. Mr. Ken Anderson of the MN /DOT staff explained that noise walls will be installed between 152 and Xerxes Avenue and also between Humboldt Avenue and Lyndale Avenue. He added that an earth mound will be built outside of the City Hall area to serve as a noise barrier. Councilmember Fignar inquired when the project would be complete to Minneapolis. Mr. William Crawford replied that the final completion of the project is scheduled for the fall of 1983. The'Director of Public Works stated that aside from the I -94 reconstruction there is a remaining question of the hazard at the 57th Avenue bridge approach to Lyndale. He explained that the reconstruction plans include the raising of the intersection to eliminate this dangerous grade but if this portion of the project is delayed, then the problem at the 57th Avenue bridge may not be solved. Mr. Crawford replied that the State will correct this problem before the beginning of winter, 1980. RESOLUTION NO. 80 -102 Member Celia Scott introduced the following resolution and moved its adoption RESOLUTION APPROVING PLANS AND SPECIAL PROVISIONS FOR STATE PROJECTS 2781 -207 (94 = 393), 2786- 54- 65- 69- 71- -72 -76 (94 = 393), and 2787 -09 (694 = 393); FEDERAL PROJECT I- FO94 -3 (314) 222 y 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 -103 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT NO. 59928M WITH MN /DOT AND AUTHORIZING EXECUTION THEREOF 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 4 -21 -80 -8- 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 -104 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT NO. 59943 WITH MN /DOT A14D AUTHORIZING EXECUTION THEREOF 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. MN /DOT PRESENTATION OF PLANS, SPECIFICATIONS AND RESOLUTIONS FOR THE INSTALLATION OF NEW TRAFFIC CONTROL SIGNAL SYSTEM AND GEOMETRIC IMPROVEMENTS AT THE INTERSECTION OF T.H. 100 WITH FRANCE AVENUE Administrative Assistant Bublitz introduced the next agenda item and explained that the plans and specifications for the installation of a new traffic control signal system and geometric improvements at the intersection of T.H. 100 with France Avenue have been submitted for municipal approval by MN /DOT. He added f Transportation is hat the Minnesota Department o requesting that the Council T p q consider three resolutions related to this project this evening. The Director of Public Works stated that the visual displays are not available for this project but that the blueprints are available for Council review at this time. He added that this project calls for the reconstruction of the France Avenue and Highway 100 intersection and the realignment of frontage roads in the area. Mr. Crawford stated that this project will not be let at the May 23., 1980 bid opening but that since the only change is in the bid date, MN /DOT could get approval for the project at this evening's meeting. Councilmember Scott suggested to the MN /DOT staff that they review the timing of the traffic signal light at the intersection of Indiana Avenue east of France Avenue as the timing of the traffic light presents a problem to the flow of traffic in this area. Councilmember Fignar stated that the 50th Avenue exit off Highway 100 takes traffic through a residential neighborhood and that he has received complaints from the neighborhood about too much traffic being brought into the neighborhood as a result of the exit. Mr. Crawford stated that he believes that if the City would request that the 50th Avenue exit be closed the State would probably not object to this. RESOLUTION NO. 80 -105 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIAL PROVISIONS FOR STATE PROJECT 2755 -61 (100 = 212), FEDERAL PROJECT HHS 5402 (13) 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. 4 -21 -80 -9- RESOLUTION NO. 80 -106 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT NO. 59878 WITH MN /DOT AND AUTHORIZING EXECUTION THEREOF The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, on the following g voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Figanr, 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 -107 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT NO. 59945 WITH MN /DOT AND AUTHORIZING EXECUTION THEREOF The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PLANNING CONID4ISSION ITEMS Administrative Assistant Bublitz introduced Planning Commission Application No. 80010 submitted by Janice Howell for a home occupation special use permit to offer art classes in the basement of her home at 6840 Colfax Avenue North. Fe explained this application was recommended for approval at the March 31, 1980 Planning Commission meeting: The Director of Planning and Inspection referred the Council to the Planning Commission information sheet on Application No. 80010 prepared for the April 10, 1980 Planning Commission meeting. (See Planning Commission information sheet prepared for Application No. 80010.) The Director of Planning and Inspection stated that the applicant is requesting a special use permit to conduct art classes in the basement of her home at 6840 Colfax Avenue North. As a home occupation, instruction of more than one, but not more than four students at a time is permitted in the R -1 zoning district by special use permit in the R -1 zone. He noted that the applicant has submitted a letter describing the proposed home occupation in which she states that class sessions of 2� hours in duration would be established from 9:00 to 11:30 a.m.; 12:30 to 3 :30 p.m :; and 7:00 to 9:30 p.m. on various days of the week depending on demand. The Director of Planning and Inspection referred the Council to the minutes of the April 10, 1980 Planning Commission meeting and stated that the Commission deliberated for some time over the restriction on the hours of operation for the proposed home occupation. He explained that after discussion with the applicant, it was determined at the April 10, 1980 Planning Commission meeting that the hours of operation will be limited to no more than two classes per day and no more than five days'a week. He stated that the Commission also recom- mended that the classes be no longer than 2L hours in duration and should begin no earlier than 9:00 a.m. and end no later than 9:30 p.m. Regarding the restrictions on parking, the Director of Planning and Inspection stated that the Planning Commission encourages car pooling and parking off - street to limit the annoyance of the home occupation to traffic in the public right of way. The Director of Planning and Inspection explained that the Planning 4 -21 -80 -10- Commission held a public hearing on the application and that no one spoke at the public hearing. He added that the proper notices had been sent and that the applicant was present at this evening's meeting. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 80010. The applicant was present.. No one spoke at the public hearing. Councilmember Kuefler inquired of the applicant whether this was a new venture for her. The applicant replied that it was a new business venture and that she had no experience in teaching. Councilmember Fignar questioned whether the applicant contemplated any other employees in the operation. The applicant stated that there would be no other employees in her operation. , There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearina on Planning Commission Application No. 80010. 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 Lhotka to approve Planning Commission Application No. 80010 submitted by Janice Howell for a special use permit to teach art classes in the basement of her home at 6840 Colfax Avenue North subject to the following conditions: 1. The permit is issued to the applicant as operator of the facility and is nontransferable. 2. The permit is subject to all applicable codes, ordinances, and regulations and violation thereof shall be grounds for revocation. 3. The hours of operation shall be limited to no more than two classes per day and no more than five days per week excluding Sunday. The class will be no longer than 2z hours in duration and shall begin no earlier than 9:00 a.m. and end no later than 9:30 p.m. 4. The permit is subject to the provision of Section 35 -900 of the City Ordinances with respect to parking, number of students, and the general nature of the home occupation as incidental and secondary to the residential use of the premises. 5. Any signery associated with the home occupation shall be subject to the provisions of the Sign Ordinance. 6. The applicant will install a fire extinguisher in the basement close to the area used for art instruction. 7. All parking associated with the home occupation shall be on- site whenever possible and parking on- street will not exceed two vehicles at any one time. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:45 p.m. and reconvened at 9:00 p.m. 4 -21 -80 -11- Administrative Assistant Bublitz introduced Planning Commission Application No. 80014 submitted by Jim Waknitz. He noted that the applicant is appealing the denial of an administrative permit to allow a carnival at the Humboldt Square Shopping Center. The Director of Planning nd Inspection reviewed for the Council the Planning g p g Commission information sheet prepared on Application No. 80014. (See Planning Commission information sheet prepared for Application No. 80014.) The Director of Planning and Inspection noted that the applicant is present at this evening's meeting and that no public hearing was scheduled for the application but that information notices have been sent to the merchants in the Humboldt Square Shopping Center. In response to a question by Councilmember Lhotka, the Director of Planning and Inspection stated that Midwest Rides pays the merchants of the Humboldt Square Shopping Center to operate the carnival on their property. Councilmember Kuefler stated that he believes carnivals are good community events but they are incompatible with residential areas. Councilmember Fignar- inquired what the police report has been on the carnival in past years. The Director of Planning and Inspection explained that the number of complaints to the Police Department in 1979 were down over 1978. Mayor Nyquist inquired who is responsible for cleaning up after the carnival. The Director of Planning and Inspection stated that this is_worked out between the merchants association and Midwest Rides. Councilmember Kuefler inquired whether an activity of this nature requires a sponsor. The Director of Planning and Inspection stated that this is a pro- motional event and that it uses up one of the two allowable promotional permits entitled to merchants. The City Attorney stated that in this case the merchants association would have the right to permit the carnival on their property subject to the granting of an administrative permit. Mayor Nyquist inquired whether there was anyone present who wished to make comments on Application No. 80014. Mrs. Guinn, the manager of the Humboldt Courts Apartments, addressed the Council and stated that she objects to the carnival because of past experiences with vandalism, harassment to tenants, noise created by the carnival and the debris created by the carnival. Mr. Dave Strait, a merchant in the Humboldt Square Shopping Center, stated that the merchants association did not receive the application fee from the carnival operation and he stated his objection to the carnival because of harassment of customers and the noise created by the carnival. He added that, in the past, none of the merchants were even aware that the carnival was being planned for the shopping center area. Mr. Jim Waknitz, of Midwest Rides, addressed the Council and stated that, in the past, a cleanup agreement has been in effect for the carnival operation and that the $350 fee was paid to the Humboldt Square merchants to sponsor a Brooklyn Center Little League team. Mr. Waknitz stated that the agreement to allow the carnival on the Humboldt Square property was received from Mr. Gary Lidstone, property manager of Caldwell Banker. He explained that Mr. Lidstone signed the agreement to allow the carnival to use the Humboldt Square Shopping Center for a five day run and not the ten day operation as stated before. Councilmember Fignar suggested that Mr. Lidstone should seek input from the other merchants in the shopping center before signing such a contract. 4 -21 -80 -12- There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to sustain the denial of the administrative permit for Application'No. 80014. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. ORDINANCES Administrative Assistant Bublitz introduced an ordinance amending Chapter 35 of the City Ordinances regarding school bus garages. He explained the City Council tabled and remanded to the Planning Commission Application No. 80008 which was a request for a special use permit to operate a bus garage on the property located at 4455 68th Avenue North. He stated that the Council directed that the Zoning Ordinance be amended to allow the proposed use by special use permit in the C -2 zone. He stated that the ordinance is recom- mended for a first reading this evening. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to offer for first reading an ordinance amending Chapter 35 of the City Ordi- nances regarding school bus garages. Voting in favor: Mayor Nyquist, Council- members Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. CENTRAL PARK ATHLETIC FIELD LIGHTING Administrative Assistant Bublitz indicated that because of soil conditions in Central Park, the cost of lighting two softball fields and one baseball field is over the estimated cost. He stated that the City staff is recommending that lighting be eliminated from the baseball field to stay within the estimated cost, with the possibility of including baseball field lighting in a future grant. The City Manager stated that because the soil conditions are such a severe problem, pilings are required for all lights. He stated that softball was held as a priority to take the pressure off the neighborhood parks and that the staff is seeking Council action to authorize the staff to proceed with the lighting of the two softball fields. He explained that lighting will still be included in the baseball field plan but it is now a choice between lighting one baseball field or two softball fields. There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to authorize the City staff to proceed with the lighting of the two softball fields in Central Park. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. COMMUNITY -WIDE PROMOTIONAL EVENTS Administrative Assistant Bublitz explained that the City staff is prepared t<_­ discuss promotions for City -wide events with regard to City ordinances. The Director of Planning and Inspection noted that at the last Council meeting direction from the City Council was to allow the promotion of City -wide events on commercial property without deducting from the two allowable promotional events.entitled to merchants. He indicated that the staff will be bringing to the Council an amendment to the administrative permit requirements for the promotion of City -wide civic events. The Director of Planning and Inspection inquired of the Council whether they want to limit the maximum number of signs. which would be allowed for the promotional event. Councilmember Kuefler suggested that no limit be stated until the approval of the event comes before the Council. The Director of Planning and Inspection noted that the ordinance could be made retroactive to give retroactive approval to the promotion of Early Bird Days. 4 -21 -80 -13- Councilmember Lhotka stated that he does not want to affect the present Sign Ordinance in any negative way and that he would like to see the total number of signs for City -wide promotional events limited. The City Manager stated that the staff will prepare the amendment for City Council review in two weeks. CONSIDERATION OF SPECIFIED LICENSES - GOOD EARTH RESTAURANT Administrative Assistant Bublitz indicated that a request had been made to operate an on -sale nonintoxicating liquor license and on -sale wine license at the Good Earth Restaurant located at 5717 Xerxes. There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to approve the on -sale nonintoxicating liquor license and on -sale wine license for the Good Earth Restaurant located at 5717 Xerxes. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. GAMBLI LICENSE There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve a Class B gambling license for St. Alphonsus Catholic Church Men's Club. 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 waive the $10,000 fidelity bond for the St. Alphonsus Catholic Church Men's Club. 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 Scott and seconded by Councilmember Kuefler to approve the following list of licenses: GAMBLING LICENSE St. Alphonsus Men's Club 7025 Halifax Ave. No. FOOD ESTABLISHMENT LICENSE Good Earth of MN, III 100 N. 6th St. Good Earth Restaurant Westbrook Mall MECHANICAL SYSTEM'S LICENSE Advanced Heating 7805 Beech St. N.E. . Hoov -Aire, Inc. 6840 Shingle Creek Pkwy. Maple Grove Heating & Air Cond. 11440 Lakeland Dr. Marsh Heating & Air Cond. 6663 Cardinal Circle Northland Mechanical Contractors 7150 Madison Ave. W. Northwestern Services, Inc. 2296 Territorial Rd. Thompson Air Conditioning 5115 Hanson Crt. MOTOR VEHICLE DEALERSHIP LICENSE Pontiac of Brookdale 6801 Brooklyn Blvd. 4 -21 -80 -14- NONPERISHABLE VENDING MACHINE LICENSE Coca -Cola Bottling Co. 1189 Eagan Ind. Rd. Beach Apartments 4207 Lakeside Ave. No. Brookdale Car Wash 5500 Brooklyn Blvd. Firestone 5445 Xerxes Ave. No. John M. Frey Co. 6800 Shingle Crk. Pkwy. ON -SALE NONINTOXICATING LIQUOR LICENSE Good Earth of MN, III 100 N. 6th St. Good Earth Restaurant Westbrook Mall ON -SALE WINE LICENSE Good Earth of MN, III 100 N. 6th St. Good Earth Restaurant Westbrook Mall RENTAL DWELLING LICENSE Initial: Richard D. Kruger 7219 Indiana Ave. No. Marilyn Dietrich & Thomas Schultz 6831 Toledo Ave. No. Renewal: Ewing Square Associates Ewing Square Townhouses David W. Zemke 6813 Noble Ave. No. Robert W. Johnson 6801 Scott Ave. No. James Bolduc 4701,03 68th Ave. No. SIGN HANGER'S LICENSE Nordquist Sign Co., Inc. 312 West Lake St. Suburban Lighting, Inc. 6077 Lake Elmo Ave. No. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. DISCUSSION OF SPEED BOAT OPERATION ON TWIN LAKE Councilmember Scott stated that she has received numerous complaints about the speed boats on Twin Lake and that apparently there is no enforcement of boating rules by Hennepin County. She explained that the Brooklyn Center Police Depart- ment is limited to enforcement since they can only respond to enforcement problems from the shore via a loud - speaker. Councilmember Scott stated that she called the County Commissioners Office and was informed that there are no records of any letters from the Brooklyn Center Council to the Commissioners regarding the Twin Lake problem. She explained that Commissioner Olkon suggested sending a letter to her office and also to get the other cities involved to also contact the County Board. Councilmember Lhotka stated that he had talked to Commissioner Derus' aid and he was informed that the DNR is putting rules and regulations together which would allow municipalities to deal with problems of this nature. He stated that he also contacted Joe Alexander, Commissioner of the DNR, who said he would look into the Twin Lake situation. 4 -21 -80 -15- Councilmember Scott requested that the staff prepare a letter to be sent to Commissioner Olkon's office stating the past history of the Twin Lake problem including the hearings and recommendations that have been formulated by the Cities.of Brooklyn Center, Robbinsdale, and Crystal. Councilmember Lhotka requested that the staff contact the Cities of Robbinsdale and Crystal in this matter. Councilmember Fignar inquired whether it might be feasible to have some type of local enforcement on Twin Lake which may involve combined enforcement of the Cities of Brooklyn Center, Robbinsdale, and Crystal. Councilmember Scott suggested closing access to the lake leaving only an emergency access open to the lake. The Director of Planning and Inspection stated that because the lake is located within the jurisdiction of three separate cities, in his estimation it is in the County's jurisdiction. The City Manager stated that the staff will write a letter to the County Board regarding this matter and submit a copy to the City Council. ADJOURNMENT There was a motion by Councilmember Fignar and seconded by Councilmember Scott to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:02 p.m. Clerk Mw 4 -21 -80 -16-