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HomeMy WebLinkAbout1980 05-19 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 MAY 19, 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 7:08 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Tony Kuefler, Bill Fianar, Gene Lhotka, and Celia Scott. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Planning and Inspection Ron Warren, Park and Recreation Director Gene Nagel, City Attorney Richard Schieffer, and Administrative Assistants Brad Hoffman and Tom Bublitz. INVOCATION The invocation was offered by Mayor Dean Nyquist. APPROVAL OF MINUTES - REGULAR SESSION MAY 5, 1980, SPECIAL SESSION MAY 6, 1980 There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the minutes of the May 5, 1980 City Council meeting as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka and Scott. Voting against: none. , The motion passed. Councilmembers Kuefler and Fignar abstained because they were not present at the May 5, 1980 meeting. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to approve the minutes of the May 6, 1980 special session as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka and Fignar. Voting against: none. The motion passed. Councilmembers Kuefler and Scott abstained because they were not present at the May 6, 1980 special session. OPEN FORUM Mayor Nyquist noted that the Council had received two requests to use the Open Forum session this evening from Mr. Gordon Twito of 1411 Independence and Mr. Roger Uglem of 7240- Brooklyn Boulevard. Mayor Nyquist stated that both requests concerned a discussion item on the agenda and he suggested that this item be moved up for the benefit of the two individuals requesting to use the open forum session. The City Manager explained that there has been a recent concern expressed over the enforcement of real estate signs in the city. He referred Councilmembers to an excerpt of the July 9, 1979 City Council Minutes pertaining to a discussion of garage sale, rummage sale, and open house signs. He explained that on site real estate open house signs are permitted but that off site signs are illegal under the current ordinance. He added that an on site open house sign can be placed on private property only. Councilmember Lhotka inquired what makes the real estate open house sign illegal under the ordinance, questioning whether it was a matter of interpretation of the ordinance. The Director of Planning and Inspection stated that any off site sign would be considered a billboard and that no exclusions would be listed for real estate signs under this portion of the ordinance. He added that there are also different regulations covering the selling and leasing of commercial property as opposed to residential property. 5 -19 -80 -1- Councilmember Kuefler inquired whether the current enforcement was aimed at real estate open house signs. The City Manager explained that the present enforcement was aimed at removing the open house signs and that the administration is now refraining from enforcement until clarification is obtained from the Council. He explained that the usual procedure is to call persons before signs are removed but the addition of two new employees enforcing code violations resulted in a departure from this policy and that the administration is no longer enforcing the placement of real estate open house signs. In response to a question from Council- member Fignar the City Manager stated that other cities do allow the placing of signs on the right of way. Councilmember Fignar inquired whether the real estate open house signs were generally uniform in size. Mr. Roger Uglem, representing Real Estate 10, stated that the signs are usually 24" by 18" and that usually realtors are expected to pick the signs up after the open house which usually lasts from three to four hours. Mr. Uglem stated that the real estate open house signs are important to maintain population in the City of Brooklyn Center and that approximately 15% of his real estate business in 1979 was directly related to these signs. Councilmember Kuefler inquired what the normal hours for open houses were. Mr. Uglem stated that generally the open house is conducted between 1 :00 p.m. to 5:00 p.m. or from 2:00 p.m. to 5:00 p.m. on Saturdays and Sundays and possibly on Thursday between 6:00 p.m. and 9:00 p.m. He stated that Saturday afternoon and Sunday afternoons are the most important times to have these signs displayed Mr. Gordon Twito, representing the Spring Company, stated that he believes the signs are aids to residents in selling their homes and are especially important in times of difficult economy. Councilmember Fignar inquired whether realtors generally inquire whether home owners will allow them to place open house signs - on their properties. Mr. Twito stated that this is an accepted practice but that it is not always followed by all realtors. Councilmember Fignar inquired if there were any complaints received from residents who have had realtors putting open house signs in their yard. The City Manager stated that he had received no specific complaints related to this type of problem. Mayor Nyquist noted that the past concensus of the Council showed that they had no real problem with the placement of real estate signs. The City Manager stated that the staff could .amend the ordinance to allow the inclusion of real estate open house signs and present the .- i.amendment at the next Council Meeting. He added that the Administration will drop the enforcement of real estate open house signs for the time being and suggested that the realtors present could give the staff some idea of what standards are used for such signs in other cities. Council`. member Fignar stated that he concurs with the City Manager's recoiMmendations. Councilmember Kuefler indicated that he would like to see the hours regulated in such an ordinance ,.amendment. Councilmembers Lhotka and Scott stated that they concur with the procedure to ammend the ordinance to include real estate signs. FIPNAL PLAT APPROVAL The City Manager introduced the next agenda item which was a final plat approval for Lawyer's Addition located at 5637 Brooklyn Boulevard. Mayor Nyquist stated that he had a conflict of interest with regard to this plat and turned the conduct of the meeting over to Mayor - pro -tem Celia Scott, indicating that he would abstain from any action on this item. The Director of Public works proceeded to review the plat, showing the location of the plat and indicating that the final plat complies with the preliminary plat and that the staff recommends approval. 5 -I9 -80 -2- There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to approve the final plat of Lawyer's Addition located at 5637 Brooklyn Boulevard. Voting in favor: Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed. Mayor Nyquist abstained from voting. PERFORMANCE BOND RELEASES The City Manager referred the Council to a memorandum from the City's Building official to the Director of Planning and Inspection which recommended the release of performance bonds for the Johnson Controls Building, Fun Services, Mikros Engineering, and Toy City, There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve the performance bond releases for the Johnson Controls Building located at 1801 67th Avenue North, Fun Services located at 3701 50th Avenue North, Mikros Engineering located at 3715 50th Avenue North, and Toy City located at 6000 Earle Brown Drive. Voting in favor Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. RESOLUTIONS The City Manager introduced a resolution accepting bid and approving contract form (66th Avenue North improvements - contract 1980 -E). He explained that bids for this project were opened on May 13, 1980 and it is recommended that the low bid of Kirkwold Construction in the amount of $49,430.55 be accepted. He added that the engineering estimate for the project was $62,000.00. Councilmember Lhotka commented that the bid seems unusually low. The Director of Public Works explained that the bidder's references check out very well and the staff anticipates no problems with the contractor's work. The Director of Public Works added that the developer for the Earle Brown first edition has met all the conditions set for final approval the plat. RESOLUTION NO. 80 -119 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (66TH AVENUE NORTH IMPROVE - MENTS- CONTRACT 1980 -E) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. The City Manager stated that the resolution approving negotiated contract for equipment rental for grading work in Central Park had been deleted from the agenda since no bids were received. He noted that the City will re- advertise for bids. The City Manager introduced a resolution authorizing the purchase of building materials for Brooklane Park shelter building. He noted that the bids were for structural members and roof only and that a separate bid for the slab and the labor to construct the building would be a separate item. He explained the staff is looking at a similar building for the Garden City shelter building which was destroyed by fire over the past week - end. RESOLUTION NO. 80 -120 Member Celia Scott introduced the following resolution and moved its adoption: 5 -19 -80 -3- RESOLUTION AUTHORIZING THE PURCHASE OF BUILDING MATERIALS FOR BROOKLANE PARK SHELTER BUILDING 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 there - of: 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 and ordering construction of Sidewalk Improvement Project Number 1980 -14 (Irving Lane to 69th Avenue North) and appropriation of funds. He explained that it is proposed to provide a sidewalk link between Irving Lane and County Road 130 (69th Avenue) to provide pedestrian access from the neighborhood to the bus -stop and commercial areas on Humboldt Avenue. RESOLUTION NO. 80 -121 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING AND ORDERING CONSTRUCTION OF SIDEWALK IMPROVEMENT PROJECT NO. 1980 -14 (IRVING LANE TO 69TH AVENUE NORTH) 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, 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 and ordering construction of Sidewalk Improvement Project Number 1980 -15 (John Martin Drive) and appropriation of funds. He explained that this project was requested by petition of residents of Shingle Creek Towers and that this resolution formalizes previous action taken by the City Council. RESOLUTION NO. 80 -122 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING AND ORDERING CONSTRUCTION OF SIDEWALK IMPROVEMENT PROJECT NO. 1980 -15 (JOHN MARTIN DRIVE) AND APPROPRIATION OF FUNDS 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 there- of: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. Councilmember Lhotka inquired whether the °sidewalks would be handicapped accessible. The City Manager explained that all such projects are constructed with handicapped accessibility. The City Manager explained that the resolution authorizing execution of supplemental agreement to Contract 1980 -D would be deleted from the agenda and that it had already been taken care of by Resolutions No. 80 -121 and 80 -122. The City Manager introduced a resolution amending the 1980 general fund budget to provide for comprehensive planned professional and planning services fees. 5 -19 -80 -4- RESOLUTION NO. 80 -123 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1980 GENERAL FUND BUDGET TO PROVIDE FOR COMPREHENSIVE PLAN PROFESSIONAL AND PLANNING SERVICES FEES 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. Mayor Nyquist noted that the resolution regarding the canvass of the May 6, 1980 special election had been adopted at the May 6, 1980 special session and could be deleted from the agenda. The City Manager introduced a resolution declaring June 6 through June 15, 1980 as Brooklyn Center Early Bird Days. He noted that if the Dayton- Hudson property is used for the promotion of Early Bird Days, the City will credit back one promotional event to the property when the ordinance on civic event promotions is adopted. Council - member Fignar inquired of Lonni McCauley, executive secretary of the Chamber of Commerce, what events had been scheduled for Early Bird Days thus far. Mrs. McCauley reviewed the scheduled events which included a symphony concert, softball tournaments, swim meets, a fishing contest and a treasure hunt. RESOLUTION NO. 80 -124 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION DECLARING JUNE 6 THROUGH JUNE 15 AS BROOKLYN CENTER EARLY BIRD DAYS 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 there- of: 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. ORDINANCES The City Manager introduced an ordinance amending Chapter 35 of the City Ordinances regarding school bus garages. He explained the ordinance was first read on April 21, 1980, published on May 1, 1980 and is presented this evening for a second reading. ORDINANCE NO. 80 -4 , Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING SCHOOL BUS GARAGES 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 there - o €: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none; whereupon said ordinance was declared duly passed and adopted. The City Manager introduced an ordinance amending Chapters 34 and 35 of the City Ordinances regarding administrative permits for signs for civic functions and community events. He noted this ordinance was first read on May 5, 1980 and was deferred to staff for revision and the revised version is presented this evening for a first reading- 5-19-80 -5- There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to offer for first reading an ordinance amending Chapters 34 and 35 of the City Ordinances regarding administrative permits.for signs for civic functions and community events. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none; the motion passed unanimously. The City Manager introduced an ordinance vacating the portion of Irving Avenue'North lying north of the westerly extension of the northerly line of Lot 1, Block 1, Horbal addition and south of the easterly extension of the south right -of -way line of Irving Lane., He explained the southerly one -half of this area was vacated in May, 1979 when the development of the four -plex on 69th Avenue North was proposed by Michlitsch Builders. The remaining portion of this access right -of -way is proposed to be vacated now with the construction of Sidewalk Project. No. 1980 -14. He explained the area being vacated is adjacent to Brookdale Tower Apartments and the ordinance is recommended for a first reading this evening. p There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to offer for first reading an ordinance vacating the portion of Irving Avenue North lying north of the westerly extension of the northerly line of Lot 1, Block 1,. Horbal addition and south of the easterly extension of the south right -of -way line of Irving Lane. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none; the motion passed unanimously. DISCUSSION ITEMS: REQUEST FOR FUNDING FROM THE HENNEPIN COUNTY AGRICULTURAL SOCIETY TO HELP FINANCE THE COUNTY FAIR The City Manager noted that the City had received a request for financial assistance for the County Fair. Councilmember Fignar inquired how much the City could donate. The City Manager explained that up to $1000.00 could be donated if the Council chose to do so. Councilmember Kuefler commented that, since a portion of the funds would be directed towards 4 -H activities he would like to know if there were any active 4 -H clubs in the City of Brooklyn Center before he made a decision on whether or not to contribute to the Hennepin County Fair. The City Manager stated that the staff would determine whether there were any active 4 -H clubs in the City and return to the Council with that information. The City Manager explained that the discussion item on the mileage reimbursement policy had been deleted from the agenda. PARK DEVELOPMENT PLAN - WHERE DO WE GO FROM HERE The City Manager referred Councilmembers to M & C No. 80 -16 and stated that the staff is seeking direction from the Council on how to effectively deal with the input received at the recent park service area meetings. He stated that the staff has suggested that the Park & Recreation Commission review the comments received from residents at the park service area meetings and make recommendations to the Council regarding these comments and requests. Councilmember Scott inquired when the walk- ways would be built in the parks. The City Manager explained that some of the walk -ways should be able to be completed this summer. Councilmember Kuefler complimented the City Manager and City Staff for the work they did at the 11 park service area meetings. He stated that the staff did an excellent job in answering questions from residents at these meetings. Council- member Kuefler inquired whether a specific time schedule will be developed for the construction of the parks after the answers are obtained to the comments outlined in the memorandum from the City Manager. The City Manager explained that a schedule should be able to be developed by the middle or the end of June of this year. There was a general consensus among Councilmembers to refer the comments in the City Manager's M & C No. 80 -16 to the Park & Recreation Commission for their review. k , 5 -19 -80 -6- I RECESS The Brooklyn Center City Council recessed at 8:OO p.m. and reconvened at 8:14 p.m. PLANNING COMMISSION ITEMS The City Manager introduced Planning Commission Application No. 80016 submitted by Dominion Development Corporation for site and building plan approval of two speculative industrial buildings to be located on Tract B of the new R.L.S. - covering land north of Freeway Boulevard, west and south of Shingle Creek Parkway, and east of Shingle Creek and the MTC property. He noted that the' Planning Commission recommended the approval of Application No. 80016 at the May 8, 1980 Planning Commission Meeting. The Director of Planning and Inspection presented the minutes of the May 8, 1980 Planning Commission meeting and the Planning Commission Information Sheet prepared for Application No. 80016 to Councilmembers and reviewed these documents for Council- members. He noted that preliminary approval had been granted in 1979 for the new R.L.S. covering land north of Freeway Boulevard. He proceeded to review the site and building plan for Application No. 80016 and noted that the Planning Commission did recommend approval of Application No. 80016 subject to conditions which the Director of Planning and Inspection then read and reviewed for Councilmembers. He explained that the staff is recommending that condition number 12 in the Planning Commission minutes be considered as met since it has been reviewed by the Fire Marshal.. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve Planning Commission Application No. 80016 submitted by Dominion Development Corporation for site and building plan approval of two speculative industrial buildings to be located on Tract B of the new R.L.S. covering land north of Freeway Boulevard, west and south of Shingle Creek Parkway, and east of Shingle Creek and the MTC property 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, utility and berming plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supportive financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA Standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all identification signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all driving and parking areas completely with the construction limits of this development. 5 -19 -80 -7- 9. Plan approval comprehends deferral of improvements to Tract B from the south edge of the main private roadway (67th Place) to the southernmost portion of Tract B. 10. Plan approval comprehends deferral of some curb and gutter improvements on the south side of the private roadway for a period not to exceed 3 yrs., pending development to the south. The financial guarantee shall not be released in its entirety until such improvements are completed-. 11. Traffic control signs for the management of traffic on the site will be installed in accordance with the recommendations of the City Engineer. 12. The property is subject to replatting in accordance with Chapter 15 of the City Ordinances. Building permits will not be issued until the final plat has been approved by the City Council and filed with the County. 13. An internal concrete sidewalk network, as approved by the City Engineer, shall be provided in order to accommodate pedestrian movements between buildings and parking areas on the site of the R.L.S. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none; the motion passed unanimously. PUBLIC HEARING ON COMMERCIAL PARTNERS INDUSTRIAL REVENUE BOND PROPOSAL The City Manager introduced the next agenda item which was an industrial revenue bond proposal submitted by Commercial Partners. Mayor Nyquist opened the meeting for the purposes of a public hearing on the industrial revenue bond proposal sub- mitted by Commercial Partners. He inquired whether there was anyone present who wished to sneak against the proposal. No one appeared to speak against the proposal. Mayor Nyquist recognized Mr. Dick Riley, financing agent for the Commercial Partners project. Mr. Riley introduced Mr. Darrell Fortier, the architect for the project, Mr. Allen Gustafson, the sponsor of the project, and Mr. John Utley the bond attorney for the Commercial Partners project. Mayor Nyquist recognized Mr. Darrell Fortier who proceeded to review the site plan for the proposed project. He explained that, most traffic will be entering the proposed shopping center off Shingle Creek Parkway at the north end of the site and that the southerly access to the site would be shared with Brookdale Ford. He noted the plan comprehends regional and major tenants not local tennants. He noted the project would be a destination shopping center. Mr. Fortier explained that the pro- ject will meet or exceed all City Standards in City Ordinances. Councilmember Kuefler inquired what the size of the banquet facilities would be. Mr. Fortier explained that the estimated capacity is presently at 300. Councilmember Scott noted that the Industrial Revenue Bond Committee had established a large banquet type facility as a priority in its recommendations to the City Council. Councilmember Scott questioned what type of tennants would be in the shopping center. Mr. Allen Gustafson, sponsor of the project, noted that several tennants are now being con - sidered, including a toy store called Child's World, a wallpaper to -go store, Payless Shoes, Piccadilly, and a sporting goods store. Councilmember Scott inquired where the work force for the project would come from. Mr. Gustafson stated that the managers and some key personnel may be coming in from out of state but that most of the persons working in the shopping center would be hired from the metropolitan area. Councilmember Fignar inquired what the square footage of the shopping center would be. Mr. Gustafson explained that the shopping center would be approximately 80,000 square feet with 6 to 12 tennants. 5 -19 -80 -8- Mr. Dick Riley, financing agent for the project, noted that 260 industrial revenue bond projects were approved in the state of Minnesota last year and noted that of the 260 approvals 16 were shopping centers of the type proposed by Commercial Partners and were located primarily in the Metropolitan suburban area. He also explained that the financing for the projects are placed in various narkets and noted that a real estate type project is placed primarily with large insurance companies who specialize in real estate financing. He stated that Commercial Partners has identified one potential lender which is Aetna Life & Casualty Insur- ance Company. He explained that Aetna Life & Casualty is interested in the project only if it can be financed at tax exempt rates. He explained Aetna's tax exempt rate is now 11% and that conventional lenders are at 14 to 15 %. He explained that Commercial Partners believes that they meet the guidelines established by the City for industrial revenue bonds and noted that the project includes a restaurant which is a priority in.the guidelines and that in general the project is a sound commercial venture which would not have a negative impact on other commercial areas in the City. He expressly commented on the Westbrook Mall area which is currently experiencing some difficulty in retaining.tenants and noted that this site has generally poor access and poor visibility and that it also has no national type .tenants as would the Commercial Partners' project. He added that the industrial revenue bond procedure is.a trade off and that the development brings jobs into•the City and the developer is then allowed to use the City's name, but does not make the City liable for the project, and that the project would also increase the City's tax base. In terms of the balance between the increased cost of City services related to the Commercial Partners project and the increased tax base, he stated that he does not believe that the project will create new problems which would outweigh the positive aspects of the increase in tax base. In summary he noted that the project is unique, a quality project, includes a restaurant which is a priority, and will consist of national tenants. Councilmember Fignar inquired what would happen if the project is approved by the City ,but Commercial Partners cannot obtain financing. Mr. Riley explained that the only reason he could see -for this happening would be the inability to obtain tenants for the project and in that instance the plans would be changed and that the bonds would not be used if financing could not be obtained for the project. Councilmember Scott inquired whether the insurance company would finance the entire cost of the project. Mr. Riley explained that insurance companies generally lend 750 of the value of the property and that it is not usually possible to obtain 100% financing. He noted that Commercial Partners would have to supply the remainder of the financing. Mr. Allen Gustafson noted that Commercial Partners has completed similar projects in other areas of Minnesota and also out of state, including Kansas City and Omaha, and stated that he believes all of these projects are >of a high quality. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to close the public hearing on the industrial revenue bond proposal submitted by Commercial Partners. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none; the motion passed unanimously. Councilmember Lhotka stated that he was concerned over the addition of another shopping center in the Brooklyn Center area and was also concerned with the total number of jobs which would be created by the project. Councilmember Fignar stated that he believes the project fits well on the proposed site in that new retail ventures usually benefit existing retail operations also, attracting new customers to existing and new areas. He also added that he believes 5 -19 -80 -9- not all retail operations can work well in a mall situation and believes that the 160 estimated jobs created by the project would be a significant benefit to Brooklyn Center. He added that it would be difficult to determine whether the increased tax base of $38,000.00 would in fact pay for the increased service costs created by the Commercial Partners project. In summary, Councilmember Fignar stated that he would support the Commercial Partners project. Councilmember Scott stated that she concurs with Councilmember Fignar and that she believes the project addresses the needs cited by the Industrial Revenue Bond Comm- ittee. She stated that she was encouraged by the variety of jobs which would be provided and believed that 160 jobs would be.a significant benefit to the area. Councilmember Scott stated that she.would support the project. Councilmember Kuefler stated that he likes the restaurant facility and would request that the maximum amount of seating possible be included in the banquet facility. He expressed a concern over the total cost of the project but noted that the .project is a very large venture. He added that; overall he believes it meets certain needs that the City of Brooklyn Center does not now have and added that he would be in favor of the project. RESOLUTION NO. .80-125 Member Celia Scott.introduced the following resolution and moved its adoption: RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT OR 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 Bill Fignar, and upon vote being taken thereon, the following vote in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, and Celia Scott; and the following voted against the same: Gene Lhotka; whereupon said resolution was declared duly passed and adopted. CONTINUATION OF DISCUSSION ITEMS TRUNK HIGHWAY 252 (WEST RIVER ROAD) TRAFFIC PROBLEMS The City _Manager stated that the staff is discouraged at MN /DOT's reaction to the City's request for resolution of some of the traffic problems on Trunk Highway 252. The Director of Public Works stated that, at a previous Council meeting, the Council authorized an FAU application for signals on 252 and that the application has been submitted, and that the results of the application will probably be determined within 4 to 6 months. He added that, the City's projects have made the initial Metropolitan Council screening process.. He also noted that the City Council re- viewed the speed limit and signing along 252 and referred Councilmembers to a memorandum regarding 252 traffic problems dated May 9, 1980. The Director of Public Works referred Councilmembers to a letter from MN /DOT dated May 12, 1980 which was a response to the City's request for a reduction in the speed limit along 252. Councilmember Lhotka inquired whether MN /DOT has safety formulas for establishing speed limits. The Director of Public Works stated that the formulas used by MN /DOT generally calculate the accidents per vehicle miles along roads and that the formula does not warrant a reduction in speed limit along 252. The Director of Public Works stated that, although the formula does not warrant a reduction in speed limit, the problem along 252 is obvious. Councilmember Scott stated that she is upset with MN /DOT's reaction to the 252 traffic problems and indicated that it shows a lack of concern for the residents living along 252. Councilmember Kuefler stated that he believes the traffic problem on 252 is entirely a state problem and that the north -south traffic -flow is controlled by the state. He added that, Brooklyn Center is not contributing to this traffic flow. Council - member Kuefler suggested that a meeting be held with MN /DOT representatives and 5 -19 -80 -10- also local legislators including Senator Luther and Representative Ellingson. He also suggested inviting area residents to the meeting. Councilmember Fignar stated that he concurs with all the comments made by fellow Councilmembers thus far on the 252 traffic problem. The City Manager explained that, even comments received from Brooklyn Center police officers patroling the area have indicated that there is a real traffic problem along 252. He explained that the staff will set up a meeting with MN /DOT and local legislators and attempt to make it for an off Monday time period. The Director of Public Works submitted two letters from MN /DOT to Councilmembers, one regarding the dropping of consideration for the closing of the Indiana Avenue intersection, and the other concerning the removal of the France Avenue realignment project from the state bid- letting. SHINGLE CREEK PARKWAY DESIGN ALTERNATIVES The City Manager referred Councilmembers to M & C No. 80 -17 regarding community center access modifications. The Director of Public Works proceeded to review, for Councilmembers, alternates l'& 2 for community center access modifications. The City Manager explained that access between.the two parking lots is necessary and that the back access offered alternate 1 appears to create.the least traffic flow problem. Councilmember Kuefler stated that he sees benefits to alternate 1 in that the connector road in the back of City Hall seems to provide the best access between lots. The Director of Public Works stated that the connecting road need not be built this year but the approach modifications must be designed with consideration to either alternate 1 or alternate 2. Councilmembers Fignar and Scott stated they concur with alternate 1. There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to approve alternate number l for community center access modifications. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none; the motion passed unanimously. The Director of Public Works reviewed the current traffic counts on the portion of Shingle Creek Parkway from I -94 to 69th Avenue and noted that the traffic volumes will be increased dramatically with the I -94 project. He stated that projections show a heavy turning movement at the intersection of Shingle Creek Parkway at 69th. .Because of the great increase in future traffic volumes the Director of Public Works stated that the option should retained to restructure the intersection at Shingle Creek Parkway and 69th by T -ing in traffic off 69th which would mean a portion of Shingle.Creek Parkway would have to be built as interim construction so that the least amount of roadway will have to be torn up should the redesign become necessary. Councilmember Lhotka inquired whether any additional private property would be necessary to restructure the intersection. The Director of Public Works stated that the City would have to use land which is now being planned for a townhouse development and that the City would also use a portion of the Palmer Lake Basin. He explained that the staff is not asking for a final commitment but only seeking preliminary approval of this approach. There was a general consensus among Councilmembers to concur with the interim construction approach to a portion of Shingle Creek Parkway to keep open the option of restructuring the intersection at Shingle Creek Parkway and 69th Avenue North. INTERPRETATION OF INDUSTRIAL REVENUE BOND POLICY The City Manager explained that he had received a request from Mr. Deil Gustafson of BCIP for an interpretation of the City's Industrial Revenue Bond Policy. Essen- tially, the City Manager explained the question is whether or not a transfer of tax delinquent property from corporate ownership to his personal ownership would satisfy the requirements of the I.R. Bond policy. The general consensus of the Council was that the main issue is still the payment of the delinquent taxes and not a shift from corporate ownership to personal ownership. 5 -19 -80 -11- LICENSES There was a motion by Councilmember Kuefler.and seconded by Councilmember Scott to approve the following list of licenses•: ITINERANT FQOD ESTABLISHMENT LICENSE Brooklyn Center Fire Department 65th & Dupont Ave. No, (Open House) Brooklyn Center Jaycees. 6230 Regent Ave. No. (Early__Bi.rd Days) Brooklyn Center Jaycee Women 5646 Girard Ave. No. (Jaycee Carnival) MECHANICAL SYSTEM'S LICENSE Airco Heating & Air Cond. 4014 Central Ave. N.E. Harris Mechanical Contracting Co. 2300 Territorial Road SBS Mechanical, Inc. 7160 Madison Ave. W.. RENTAL DWELLING LICENSE Initial: John S. Tschohl 5345 Colfax Ave No. Gerald D. Abraham 5125 Ewing Ave. No. The Ponds Partnership 5300 -5322 Ponds Dr. The Ponds Partnership 5301 -5315 Ponds Dr. The Ponds Partnership 5319 -5333 Ponds Dr. William Kirby 5006 Zenith Ave. No. Renewal: Miles & Shirley Fiterman Brookdale Towers Manferd Rasmussen 7020 Brooklyn Boulevard Larry W. Karkela 5821 Camden Ave..No. Gordon & Joanne Sandahl 6836 Drew Ave. No. Kenneth E. Patterson 3614 -16 50th Ave. No. Alan Wetzel 4700,02 68th Ave. No. SIGN HANGER'S LICENSE Signcrafters Outdoor Display 7775 Main St. N.E. SWIMMING POOL LICENSE Spa Petite. 5615 Xerxes.Ave No. TEMPORARY ON -SALE NONINTOXICATING LIQUOR LICENSE Brooklyn Center Jaycees .6230 Regent Ave. No. (Early Bird Days) Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none; the motion passed unanimously. The City Attorney informed Councilmembers that Mr. Brad Jones, attorney for Howe, Inc., has requested-to appear at an upcoming Council Meeting. The City Attorney requested that he meet with the City Council in Executive Session after the adjournment of this evening's meeting to discuss Mr. Jones' request. 5 -19 -80 -12- ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar 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 10:26 p.m. Clerk Mayor 5 -19 -80 -13-