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HomeMy WebLinkAbout1979 01-22 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 i REGULAR SESSION JANUARY 22, 1979 CITY HALL CALL TO O RDER 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 was City Manager Gerald Splinter, Director of Pulalic Works James Merila, City Attorney Richard Schieffer, Director of Finance Paul Holmlund, Director of Planning and Inspection Ron Warren, Superintendent of Engineering James Noska, and Administrative Assistants Mary Harty and Brad Hoffman. INVOCATION The invocation was offered by Pastor Ringhiser of the Brooklyn Center Church of the Nazarene. APPROVAL OF MINUTES - JANUARY 8, 1979 Motion by Councilmember Fignar and seconded by Councilmember Scott to approve t1— nf t},a (itv l�:ni,nril mAatinrr of TAnimry R _ 1 979 aq submitted. Votincr in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. OPEN FORUM Mayor Nyquist opened the meeting for the purposes of the Open Forum session. Mayor Nyquist recognized Mrs. Dolores Hastings of 5813 Aldrich Avenue North. Mrs. Hastings indicated she was representing the League of Women Voters. The League of Women Voters had put together a booklet entitled "Focus On Housing The booklet gives background on various housing issues, provides information and also poses many questions for consideration in'the area of housing. Mrs. Hastings presented a copy of the booklet "Focus On Housing" to Mayor Nyquist and requested permission to give a copy of the booklet "Focus On Housing" to each of the Brooklyn Center Housing Commissioners. The Council concurred that it would be appropriate to present a copy of the booklet to the Housing Commissioners. Mrs. Hastings also indicated the booklet could be obtained by the public at a cost of 50� per booklet. Mayor Nyquist inquired if there was anyone else present who wished to address the Council as part of the Open Forum; there being none, Mayor Nyquist proceeded with the rest of the meeting, APPOINTMENTS Mayor Nyquist noted the term of Mr. Harold Pierce on the Planning Commission expired December 31, 1978, Mr. Pierce had indicated a willingness to serve another term. There was a motion by Councilmember Lhotka and seconded by 1 -22 -79 -1- Councilmember Scott to approve the appointment of Mr. Harold Pierce to the Planning Commission. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scotto Voting against: none. The motion passed unanimously. Mayor Nyquist noted there was one other opening on the Planning Commission and suggested that Dan Erickson should be appointed as a replacement for Deborah Jacobson, Mayor Nyquist noted he had sent correspondence to the Council members suggesting Mr. Erickson. Mayor Nyquist briefly outlined Mr. Erickson's background. Mayor Nyquist also explained Mr. Erickson lived in the northwest geographic area of Brooklyn Center. Currently there was no one on the Planning Commission from the northwest area so Mr. Erickson's appointment would complement the Planning Commission geographically. Mayor Nyquist further explained Mr. Erickson had planned on attending the meeting but was stranded in Bloomington due to the snowstorm. There was a motion by Councilmember Fignar and seconded by Councilmember Scott to approve the appointment of Mr. Dan Erickson to the Planning Commission. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Mayor Nyquist called the Council's attention to a copy of the application of Mr. Dan Lutenegger regarding his appointment to the Conservation Commission, Councilmember Scott explained she had spoken with Mr. Lutenegger and he had inriinatc�rl an in+ nr^O+ in n.. iris. +L... /"�,. ..s.:.. r........ r_ �--- —_ —/ �+ -. r +.v �. v..�va v.,w yav ++ vv+aaaa+lvULVa -1 o vvualy Ll laa Ci latf.J C Scott also noted his background would be very appropriate for work on the Conserva- tion Commission. Mr, Lutenegger had attended the January Conservation Commissio meeting. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the appointment of Mr. Dan Lutenegger to the Conservation Com- mission. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Mayor Nyquist noted there was one vacancy on the Park and Recreation Commission to be filled and it appears there will be two vacancies on the Human Rights Com- mission to be filled. Commissioner Bradway had resigned from the Human Rights Commission due to a move from the City of Brooklyn Center. Commissioner Castle had indicated he was going to be resigning from the Human Rights Commission due to extensive traveling. RESOLUTIONS The City Manager introduced a resolution pertaining to technical and engineering assistance agreement with the State of Minnesota Department of Transportation. He noted the attached draft resolution is adopted annually providing the capability for the City Engineer to request and obtain from the Minnesota Department of Transportation needed engineering and technical services during the upcoming year. The resolution authorizes the Mayor and the City Manager to enter into such an agreement and further authorizes the City Engineer to act for and on behalf of the City of Brooklyn Center in making such a request. He further noted a similar resolution was passed on an annual basis. The present resolution, if passed, will be in effect until rescinded and the City will not have to pass the resolution each year. 1 -22 -78 -2 RESOLUTION 140, 79 -26 Member Gene Lhotka introduced the following resolution and moved its adoption RESOLUTION PERTAINING TO TECHNICAL AND ENGINEERING ASSISTANCE AGREEMENT WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION 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. The City Manager introduced a resolution pertaining to an agency agreement with _ the State of Minnesota Department of Transportation noting the attached draft resolution provides for appointing the Commissioner of Transportation to act as the City's agent in accepting federal aid in the e City's behalf for road and bridge g construction an n d i contracting for the construction financed either all or in part by federal funds. The agreement the City would be entering into is a standard agreement prepared by the State Aid Division of MN /DOT for execution by the numerous municipalities participating in the federal aid urban program. The resolution and agreement is necessary for proceeding with construction of a pedestrian/bicycle bridge across Highway 100 from Summit Avenue to 59th Avenue North. The City entered into the same type of agreement with MN /DOT in January, 1978. The new agreement provides for the agreement to remain in effect until cancelled by either party. . RESOLUTION NO, 79 -27 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION PERTAINING TO AGENCY AGREEMENT WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION 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. The City Manager recommended approval of the next* resolution because work for the project has been satisfactorily completed by C, S. McCrossan, Inc, under Paving Contract No. 1977 -J, The project is located on Unity Avenue North northerly of 69th Avenue in Phase II of the Ponds Development project. RESOLUTION NO. 79 -28 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK UNDER CONTRACT NO, 1977 -J (CONTRACTED BY CITY) 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 The City Manager recommended passage of the following resolution because work for the project has been satisfactorily completed by C. S. McCrossan, Inc. under 1 -22 -79 -3- Paving Contract No. 1977 -J. The project is located on Unity Avenue North northerly of 69th Avenue in Phase II of the Ponds Development project. 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. RESOLUTION NO 79 -29 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK UNDER CONTRACT NO. 1977 -J (CONTRACTED BY CITY) 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, The City Manager recommended the following resolution because work on the project has been satisfactorily completed by United Asphalt Company, Inc. under Paving Contract No. 1978 -I. The project is located on 70th Avenue North from Brooklyn Boulevard easterly to future Kyle Avenue North. RESOLUTION NO. 79 =30 lviemD uene Lnorka 1niro.aucea tne.ioHowing resoiution dau movea its dQ0PL1011 RESOLUTION ACCEPTING WORK UNDER CONTRACT NO.- (G4NTRAC�ED= BY CITY) 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. The City Manager recommended approving the following resolution because work has been satisfactorily completed by United Asphalt Company, Inc. under Paving Contract No. 1978 -I. The location of the project is on Irving Avenue from 70th Avenue southerly to Irving Lane, and Irving Lane from Irving Avenue westerly. Q RESOLUTION NO. 79 -31 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK UNDER CONTRACT NO. 1978 -I (CONTRACTED BY CITY) 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. 1- 22 -79 -4- The City Manager recommended approving the following resolution because work has been completed by United Asphalt Company, Inc. under Paving Contract No. 1978 -I. The project is located on Aldrich Avenue North from the cul -de -sac northerly. RESOLUTION NO. 79 -32 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK UNDER CONTRACT NO. 1978 -I (CONTRACTED BY CITY) 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. The City Manager recommended approving the following resolution because work has been satisfactorily completed by United Asphalt Company, Inc. under Paving Contract No. 1978 -I. The project is located on James Circle from Freeway Boulevard southerly to the cul -de -sac. RESOLUTION NO. 79 -33 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION HUC EP T I1NG WORK UNDER C ONIRAG! NO. 19 78 -1 (C ONTRACTED BY CITY) 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. The City Manager recommended the passage of the following two improvement project resolutions in conjunction with the proposed street project along 53rd Avenue North. It is recommended that storm sewer revisions and additions and water main be installed at 53rd Avenue North. In response to questions from the Council, the Director of Public Works explained improvements would be specially assessed to property owners. The maximum assessment would be approximately $2,345. An informational meeting on the proposed improvements is scheduled for February 7, 1979. A public hearing is scheduled for February 26, 1979. RESOLUTION NO. 79 -34 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING STORM SEWER IMPROVEMENT PROJECT NO. 1979 -2 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 1-2,2-79 -5 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, RESOLUTION N O. 79 -35 Member Celia Scott introduced the following resolution and moved its adoption RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT PROJECT NO. 1979 -1 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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. The City Manager recommended approval of the resolution approving the purchase of fire hose. He explained quotations had been received from Akins Fire Equipment and Coyer and Associates. It is recommended the quotation -from Coyer and Associates be approved, The City Manager noted the fire hose was included in the 1979 Fire Department Capital Outlay Budget, Gouncilmember Tones Kuefler arrived at 7:29 p.m.. RE SOLUTION NO. 79 -36 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF 2, 000 FEET OF 2 -1/2" FIRE HOSE AND 2, 000 FEET OF 1 -1/2" FIRE HOSE 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. 79 -37 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. MICHAEL SCHROEDER The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. I 1 -22 -79 -6- RESOLUTION NO. 79 -38 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MRS. SYLVIA WINKELMAN The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 79 -39 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MRS. VIOLA KANATZ 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. 79 -40 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RENEWING INSURANCE CONTRACT 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. In discussion of the next resolution the Director of Public Works explained the smaller pickup truck was being recommended for use by the Public Utilities Department on an experimental basis for the servicing of lift stations, meter reading, etc. The Director of Public Works explained it appeared to be possible to save approximately $3,000 over a seven year period by use of the smaller pickup truck. As noted, the purchase would be on an experimental basis. If the experiment is successful, the smaller pickup trucks may also be used in the Street Department. RESOLUTION NO. 79 -41 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF ONE COMPACT PICKUP TRUCK 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 1- -22 -79 -7- Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Noting the time of 7:30, the Mayor inquired whether anyone wished to address the Open Forum; there being none, the Open Forum was closed. DISCUSSION ITEMS The City Manager introduced the first discussion item, special HRA legislation for the City of Brooklyn Center. The City Manager explained a proposed bill has been drafted by Mr. Jim Holmes which would authorize the City of Brooklyn Center to use HRA monies for rehabilitation grants and loans. The City Manager explained the bill does not commit the City in any way to a particular action but does provide the authorization for action if the City would so choose. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the proposed special HRA legislation for the City of Brooklyn Center. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. PROPOSED CHARTER AMENDMENTS The City Manager explained a memorandum had been prepared which summarizes the points of agreement and disagreement between the City Council and the Charter Commission concerning the proposed Charter amendments. He noted +In, momnrnnrliim hac hncn nrntrirlorl +n tenth +hcn (,rmno.il Anri tha ('h;4rt'ar C nmmiGGinn in order to ascertain whether there is an understanding of Gouncii poiar of view { and Charter point of view as it relates to disagreement and agreement in the proposed, amendments. The Council. indicated the memorandum reflected correctly the Council point of view.. CRITICAL AREAS PLAN The City Manager explained the Council had received a Critical Areas Plan document at the January 8, 1979 City Council meeting. The City Manager asked the Council to consider approval of the document. In discussion of the Critical Areas Plan there were questions from the Council concerning the cost of the Consultant's work. The Director of Planning and Inspection explained the cost of the contract with the Consultant, BRW, includes the work on both the Comprehensive Plan and the Critical Areas Plain. The contract for both the Comprehensive Plan and the Critical Areas Plan is not to exceed $40,000. In discussion of the Critical Areas Plan, Council members asked for a clarification of the status of the upgrading of T.H. 169. The Director of Planning and Inspec- tion explained the Critical Areas Plan document includes a recommendation from the Consultant, BRW, concerning the upgrading of T.H. 169. Council acceptance of the Critical Areas Plan document does not commit the City of Brooklyn Center irrevocably to BRW's recommendation concerning the upgrading of T.H. 169 . 1 -22 -79 -8- :A, Councilmember Kuefler indicated he had spoken with Mayor Krautkremer of the City of Brooklyn Park. The City of Brooklyn Park indicates it would be helpful for the City of Brooklyn Park to know what Brooklyn Center's preference was concerning T.H. 169. Brooklyn Park is attempting to formalize their own recommendation concerning T.H. 169 , The Director of Public Works explained BRW, the City Consultant for the Critical Areas Plan, is also the Consultant for the State Highway Department concerning the Environmental Impact Statement on the entire corridor. The Director of Public Works explained the Consultant is just starting to work on the Environmental Impact Statement. As the work is in process, documents will be presented to the municipalities for input. It appears that the City of Brooklyn Park is moving faster than the Consultant. The Director of Public Works suggested that the City of Brooklyn Center might wish to wait for more information from the Consultant, The City of Brooklyn Park has considerable flexibility, more alternatives in decision making on the question of T.H. 169. Additional information from the Consultant is not anticipated before the late spring or early summer. The Director of Planning and Inspection added that a rezoning request had been tabled and had been referred to the Northeast Advisory Group. The Northeast Advisory Group will be meeting to discuss this tabled rezoning request and at that same time, it is anticipated the Northeast Advisory Group will discuss the ramifications of the upgrading of T.H. 169 and of the total Comprehensive Plan. The City Manager noted he would be discussing the Brooklyn Center's approved Critical Areas Plan with the City of Brooklyn Park. The Critical Areas Plan gives a strong enough inclination of the thinking of the City of Brooklyn Center concerning T.H. 169. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve the Critical Areas Plan document as submitted by the Consultant, BRW. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. STANDARDIZED PAY S FOR PART -TIME CLERICAL EMPLOYEES The City Manager referred the City Council to a memorandum entitled "Council Information on Standardized Pay Schedule for Part-time Clerical Employees". The City Manager explained although the setting of a standardized pay schedule for part -time employees does not require Council approval, if the pay schedule is implemented in 1979, there is a possibility the Council may have to approve a transfer of funds at a later date due to the schedule. The departments affected would be able to implement the part-time pay schedule within their allocated 1979 budgets with the exception of the Park and Recreation Department. The maximum amount the Park and Recreation Department would need is $8,000. It is possible the Park and Recreation Department would be able to cover the added $8,000 labor cost through savings in other areas of the budget. Whether or not the Park and Recreation Department would be able to cover the $8, 000, at this point is a matter of conjecture. The City Manager again noted this was an informational item and no Council action was required. 1 -22 -79 -9- L BOARD OF EQUALIZATION The City Manager explained the Council should set a date, time and location for the Local Board of Equalization meeting, A date in the week of June 4, 1979 was recommended. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to set the date for the Local Board of Equalization meeting as June 4, 1979 at 7 :30 p.m. in the City Council Chambers. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. CAB TELEVISION The City Manager explained Northern Cablevision, Inc. is presenting a proposal asking for approval of a CST consisting of the municipalities of Golden Valley, Robbinsdale, Crystal, New Hope, Brooklyn Center, Brooklyn Park, Osseo, Plymouth and Medicine Lake. A representative of Northern Cablevision, Inc. would be available to explain the proposal if the City Council so requests. In response to questions from the Council concerning the cost of a CST, the City Manager indicated there possibly would be legal and administrative costs of putting the franchise together but it appears there would be no other costs to the community. The Council asked the staff to invite a representative of the Northern Cablevision, Inc, to a Council meeting in the near future to explain this proposal. APP ROVAL OF THE ANIMAL PATROL CONTRACT TT,o (':itv A/Tannrrnr rar.nmm?nrlari a motion by the City Council to approve the 1i %y contract with Municipal and Private Services, Inc. (MAPSI) for animal control. The City Manager explained approval of the animal patrol contract had been listed on former agendas but had not been acted on because there was some confusion over the name. Subsequently the name had *been changed to Municipal and Private Services, Inc. and the confusion had been cleared up. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve the animal patrol contract for 1979. Voting in favor: Mayor NygUist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. AGREEMENT WITH HENNEPIN COUNTY TO PROVIDE COMMUNITY HEALTH SERVICES UNDER THE COMMUNITY HEALTH SERVICES ACT OF 1976 The City Manager recommended a motion approving the agreement with Hennepin County to provide community health services. The agreement is essentially the same as in 1977 and in 1978 and allows the City to use Community Health Service's subsidy funds to support environmental health activities within the City of Brooklyn Center. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to approve the agreement with Hennepin County to provide community health services under the Community Health Services Act of 1976. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. I 1-22-79 -10- RENTAL LICENSE The City Manager referred the Council to a memorandum explaining a recommendation by the Director of Planning and Inspection to temporarily extend the rental license for a four -plex located at 5328 4th Street North owned by Mr. Robert Bobleter. The Director of Planning and Inspection recommended a temporary extension of the rental license through April, 1979 because safety related violations had been taken care of. It is expected the property will be taken by the Minnesota Depart- ment of Transportation in April for freeway purposes. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve a temporary extension of the rental license for the four -plex located at 5328 4th Street North for Mr. Robert Bobleter. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, -Lhotka, and Scotto Voting against: none. The motion passed unanimously. LICENSES Motion by Councilmember Scott and seconded by Councilmember Fignar to approve the following list of licenses: CATERING FOOD VEHICLE LICENSE Brooklyn Center Community Center 6301 Shingle Creek Pkwy., CIGARETTE LICENSE Brookdale Ford, Inc. 2500 County Road 10 Duke's Standard Station 6501 Humboldt Ave. No. (;Finn T,vndalp Ave. No. The Pipeseller 1301 Brookdale Center Servomation 4301 68th Ave. No. Earle Brown Office Bldg. 6040 Earle Brown'Dr. COMMERICAL KENNEL LICENSE F.W. Woolworth Company 1212 Brookdale Center FOOD ESTABLISHMENT LICENSE Alano Society 4938 Brooklyn Blvd. Baskin Robbins Brookdale Shopping Ctr. Berean Evangelical Free Church 6625 Humboldt Ave. No. Bridgeman Creameries 8151 Normandale Blvd. Bridgeman's 1272 Brookdale Center Brookdale Assembly of God Church 6030 Xerxes Ave. No, Brookdale Christian Center 6120 Xerxes Ave. No. Brooklyn Center Baptist Church 5840 Humboldt Ave. No. Brooklyn Center Community Center 6301 Shingle Creek Pkwy. Brooklyn Center Evangelical Free Church 6830 Quail Ave. No. 1-22-79 -11- Brooklyn Center High School 6500 Humboldt Ave. No. Brooklyn Center National Little League 2006 Brookview Drive Cross of Glory Church 5940 Ewing Ave. No. I JEM Bowl, Inc. 104 E. 60th St. Earle Brown Bowl 6440 James Circle Earle Brown Elementary School 5900 Humboldt Ave. Garden City School 3501 65th Ave. No. Lynbrook Bowl 6357 North Lilac Drive Nino's Steak Round -Up 6040 Earle Brown Dr. Northbrook Alliance Church 6240 Aldrich Ave. No. Northport Elementary School 5421 Brooklyn Blvd, L.G. , Inc. 1700 W. Highway 36 Orange Julius of Brookdale 1396 Brookdale Center Orchard Lane School 6201 Noble Ave. No. J.C. Penney Co. 1265 Brookdale Center Perkins Cake & Steak, Inc. 4917 Eden Ave. Perkins rake &Steak 5915 John Martin Dr. Madeline Roche 815 69th Ave. No. CEAP 5607 Brooklyn Blvd. F.W. Woolworth, Inc. 1212 Brookdale Gtr. GASOLINE SERVICE STATION LICENSE n = i., c !. , Sl 1 a r.. 140EZ FQhh Ax7o TTn Duke's Standard Service 65Ui Humboldt Ave. No. Duke's Standard Service 6600 Lyndale Ave. No. SuperAmerica.Service Stations P. O. Box 248 SuperAmerica 6545 W. River Road NONPERISHABLE VENDING MACHINE LICENSE Howard Bauermeister 5809 Boone Ave. No. Pizza Factory 6816 Humboldt Ave. No. Bill's Juice Vending 3900 Beard Ave. So. Holiday Inn 1501 Freeway Blvd. Bond Tool and Die Co. 6840 Shingle Creek Pkwy. Brookdale Covenant Church 5139 Brooklyn Blvd. Brooklyn Center High School 6500 Humboldt Ave. No. Carousel Coiffures 6225 Brooklyn Blvd. Cass Screw Company 4748 France Ave. No. Cats Pump Corporation 1600 Freeway Blvd. Cook Paint 4800 North Lilac Drive Dale Tile Company 4.825 France Ave. No. Davies Water Equipment 4010 Lakebreeze Ave. No. Dean's Vending Co. P. 0. Box 380 Brookdale Motel 6500 Lyndale Ave. No. Duke's Standard Service 6501 Humboldt Ave. No. Duke's Standard Service 6600 Lyndale Ave. No. 1-22-79 -12- Lance, Inc 4917 Abbott Ave. No. Brookdale Car Wash 5500 Brooklyn Blvd. Pilgrim Cleaners 5748 Morgan Ave. No. Lynbrook Bow 1 6357 North Lilac Drive Malmborg's, Inc. 5120 North Lilac Drive Midwest Screw Products 34.10 48th Ave. No. Mikros Engineering 3715 .50th Ave. No. Precision, Inc. 3415 48th Ave. No. Ralph's Super Service 6601 Lyndale Ave. No. Saber Dental Studio 6800 Shingle Creek Pkwy. Venus Distributing 7035 Washington Ave. So. Venus Water Beds Westbrook Mall OFF -SALE NONINTOXICATING LIQUOR LICENSE 7- Eleven 411 66th Ave. No. PERISHABLE VENDING MACHINE LICENSE Duke's Standard Service 6501 Humboldt Ave. No. Duke's Standard Service 6600 Lyndale Ave. No. READILY PERISHABLE FOOD VEHICLE LICENSE Little Friends Day Care Center 5840 Humboldt Ave. No. RENTAL DWELLING LICENSE Renewal: Dwight Jereczek 6319 Brooklyn Drive Robert Bobletter 5328 4th Street North Transfer: Stanley Gibbs & R.W. Irwin 6715,17,19,21 Humboldt SPECIAL FOOD HANDLING ESTABLISHMENT LICENSE Brooklyn Center Liquor Store #1 6800 Humboldt Ave. No. Brooklyn Center Liquor Store #2 6250 Brooklyn Blvd. Brooklyn Center Liquor Store #3 Northbrook Shopping Ctr. Fun Services, Inc. 3701 50th Ave. No_ Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scotto Voting against: none. The motion passed unanimously. PLANNING COMMISSION ITEMS The City Manager introduced the first Planning Commission item, Application No. 79002 submitted by Janis Blumentals for BCIP for site and building plan approval for an approximate 85, 000 square foot speculative building at 67th Avenue North and Shingle Creek Parkway. The application was recommended for approval at the January 11, 1979 Planning Commission meeting. 1 -22 -79 -13- Mayor Nyquist left the table at 8:08 p.m. The Director of Planning and Inspection stated the building is located on a proposed approximate five acre site on the northern portion of a large tract located north of Freeway Boulevard and westerly of Shingle Creek Parkway, just east of the MTC garage site and Shingle Creek. The Director of Planning and Inspection reported that the applicant has submitted a proposed conceptual master plan for this large tract including a layout for additional speculative industrial buildings. He stated the plan comprehends the upgrading of Shingle Creek Parkway to a divided four lane facility similar in design to Shingle Creek Parkway- located south of the freeway. He pointed out that construction for the upgraded roadway, which would allow for a continuation of Shingle Creek Parkway through to 69th Avenue North, is proposed. The Director of Planning and Inspection further reported that the conceptual master plan also comprehends the future construction of a cul -de -sac to serve proposed parcels to the south. He explained the applicant was not seeking approval at this time of the master plan and that the subdivision of the area would be accomplished through a future replatting. Mayor Nyquist returned at 8 :10 p.m. The Director of Planning and Inspection reviewed the site and building plans and nnintPrl n>>t the clans indicate parkinq for 141 cars, which comprehends parking --- r_._____i f i not r +b. -U,,,,, —g t- L,.. , :w�`a uS ^ffi�e enann meetbiy ltte OtQuian,:;u forrnulca fo � vio vi ,.,,c ,.,..,.. associated with industrial use. He added the applicant has also submitted a roof of parking which could provide for an additional 90 parking p g des which .. would allow 39% of the building to be used for office space. He °further stated the plan indicates an area south of the building that is to be used in conjunction' with the cross easement for driving and parking purposes for two additional buildings proposed at a future date, The Director of Planning and Inspection explained that the site on which the applicant proposes the speculative industrial building would have two curb cuts, but with the completion of the roadway there would be only one median cut to serve the site. He pointed out the applicant has been made aware of the possible need for environmental assessment p rior to development to the south of the site and adjacent to Shingle Creek and that various approvals or permits from state and federal agencies will have to be obtained, He explained that this could have an impact on the replatting of this area for further development but does not effect the site under consideration in this application. The Director of Planning and Inspection reviewed the landscape plan and indicated, the Planning Commission recommended a five foot sodded and irrigated greenstrip along the west property line rather than the sand and gravel treatment proposed by the applicant. The Planning Commission also recommended the plans be. revised to include wood mulch in the planting areas rather than the rock over poly treatment proposed by the applicant, 1 -22 -79 -14- The Director of Planning and Inspection also indicated the Planning Commission recommended a performance bond to cover the installation of a normally required greenstrip buffer area along the proposed south property line should the develop - ment of the additional speculative industrial buildings not be constructed to share a common parking and driving area. In response to questions from the Council, the Director of Planning and Inspection explained the Commission had recommended some changes to the plans concerning green areas and wood chip mulch because of the problems with vandalism when stone treatment is used. The Westbrook Mall site had used stone treatment and vandalism had been a problem there. Appearance is generally better with the wood chip ml,lcho A representative of BLIP, Mr, Al Beisner, noted the appli- cant does not have a problem with using the wood `chip mulch. Councilmember Kuefler questioned whether there were problems with soil in the area. The Director of Public Works explained soil borings had been taken in the area and the soil borings indicate the soil is acceptable where the building is located. Approximately 16 soil borings have been taken and the soil borings show that there is 10 to 12 feet of peat in the area of the building. It appears there is poorer soil located south of the parking area. There was a motion by Councilmember Fignar and seconded by Councilmember Scott to approve Planning Commission Application No. 79002 subject to the following conditions: 1 . The building plans are subject to review and approval by the . _. ,- .. 11 ..1; -,b.1., r.rracc rrinr to f'1'lr� l�UtlUitiy v1LL�LUx vvibi ♦ ,:,r.:..,. .... r, - issuance of permits. 2. Grading, drainage, utility and landscaping plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements. 4. The building shall be equipped with an automatic fire extinguishing system to meet MFPA Standard No. 13 and shall be connected to an approved central monitoring system in accordance with Chapter 5 of the City Ordinances. 5. Any outside trash disposal equipment and /or rooftop mechanical equipment shall be appropriately screened from view. 6. All landscaped areas shall be equipped with an underground irrigation system as approved by the City Engineer, 7. The property shall be platted in accordance with Chapter 15 of the City Ordinances, 1 -22 -79 -15- 8. The performance bond comprehends retaining an amount to assure completion of a greenstrip buffer area along the proposed south property line if the proposed replatting which comprehends joint use of this area with two buildings to the south is not accomplished. 9. The plans should be modified to indicate a five foot greenstrip along the west property line to be sodded and irrigated along with the proposed plantings. 10. Plans are to be modified to include six inch wood mulch in landscaped areas proposed for a rock and poly treatment. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The City Manager introduced the next Planning Commission item, Application No. 79003 submitted by Harold J. Westin and Associates for site and building plan approval for an approximate 7,700 square foot addition to the Group Health Clinic at 6845 Lee Avenue North. The application was recommended for approval at the January 11 , 1979 Planning Commission meeting. The Director of Planning and Inspection explained the original site and building plans were annroverl undprAnpli.ratinn Nn_ 74o!;n in nrtnhPr 1974, Tha Director of Planning and Inspection stated with the addition, the applicant is proposing to construct an additional parking lot primarily for staff use, just south of the building addition. He explained that presently the Clinic has parking for 99 cars, and that with the addition, a total of 164 parking spaces is required. The Director of Planning and Inspection commented that the applicant proposes to retain as many existing trees as possible in the area of the new parking lot and has also proposed additional landscaping and berming along the Noble Avenue and the south portion of the property. He added that the plans show the continuation of existing trees along Noble Avenue North as well as new trees and plants south of the main drive on Lee Avenue. He pointed out that the exterior treatment to the addition is a precast concrete to match the existing structure. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve Planning Commission Application No. 79003 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 landscape plans are subject to review and approval by the City Engineer prior to the issuance of permits. 1 -22 -79 -16- 3 0 A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements. 4. The building addition shall be equipped with an automatic fire extinguishing system to meet MFPA Standard No. 13 and shall be connected to an approved central monitoring device in accordance with Chapter 5 of the City Ordinances, 5, Any outside trash disposal equipment and /or rooftop mechanical equipment shall be appropriately screened from view. 6. The underground irrigation system shall be extended to all the landscaped areas as approved by the City Engineer, Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Referring to a meeting on the Howe situation, Councilmember Kuefler asked whether or not there was a safety hazard condition existing presently at the Howe site. The City Manager explained the Fire Department was making inspec- tions of the Howe site, The Fire' Department Inspectors will go through the plant and double check for safety hazards, The City Manager further explained, in assessment of the situation, it appears tharA nra frnir nr fiNTP ArAac IA7hnrn nntcirlp n}rnnrticn mirrht h_ n nnnrinA trn nrr%narly assess tn.e Howe situation ana other warehouse ana storage situations witnin the City of Brooklyn Center, The five areas of concern are: 1) explosives; 2) chemicals; 3) land use; 4) water and air quality; 5) storm sewer runoff. The City Manager explained City staff does not necessarily have the expertise to assess possible dangers and possible remedies in these five areas. An outside assessment would cost approximately $20, 000 to $25, 000 to complete, The City Manager noted if the Council was in favor of conducting such an assessment, the City staff would check with the Pollution Control Agency and the Environmental Protection Agency in order to find competent consultants in the area, The City Manager explained the assessment would include the Howe situation as well as other situations within the City of Brooklyn Center. As part of that study, it would be determined if more stringent ordinances are needed to control in the area of explosives, chemicals, etc, The City Manager noted there have been many recent developments in the body of knowledge surrounding chemicals and explosives, etc. There are many new factors to be considered. Possibly the study would indicate additional training for City staff is needed in order to develop in -house expertise. The City Manager again noted the focus of this study would be on the Howe situation but the study would also cover other potential danger areas within the City of Brooklyn Center. 1 -22 -7 -17- - I The City Manager also informed the Council that the Howe dynamite permit will be coming up again in the near future for consideration. A study such as this might be helpful in providing the necessary information for the Council to make a reasonable decision on the dynamite permit. In response to questions from the Council as to whether a dynamite permit would be issued before such a study was ,completed, the City Manager indicated it would be in the best interest of the' Council to move cautiously until the findings of the study have been submitted. In response to questions from the Council concerning the temporary structure which Howe will be building, the City Attorney explained the permit for the temporary structure was issued in conjunction with the demolition permit. As part of the permit, there is a provision which sets a specific date at which time the temporary structure will be torn down, The City has retained a bond to insure the temporary structure will be torn down. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott approving the idea to consult with outside experts in order to complete an assessment for the City of Brooklyn Center in the following five areas; 1) explosives; 2) chemicals; 3) land use; 4) water and air quality; 5) storm sewer runoff. Voting in favor: Mayor Nyqui.st, Councilmembers Kuefler, Fignar, Lhotka, and Scotto Voting against: none. The motion passed unanimously, AD JOURNMENT There was a motion by Councilmember Fignar and seconded by Councilmember W7,nflnr +n nrlir%rnrn +hn moo +inn Vn+inrt in faNTnr• 1Vr,4unr TAT -,7rTiliC+ r;niinr`.irmPil hPrC xuefier, Fignar, Lhotka, and Scotto Voting against: none o Tile uiotioia Pcisseu unanimously. The Brooklyn Center City Council adjourned at 8:45 p.m, Deputy Cle r 1 -22 -79 -18-