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HomeMy WebLinkAbout1979 02-26 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 FEBRUARY 26, 1979 CITY HALL CALI TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:07 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott. Also present were City Manager Gerald Splinter, Director of Public Works James Merila, City Attorney Richard Schieffer, Director of Finance Paul Holmlund, Director of Planning and Inspection Ron Warren, Superintendent of Engineering James Noska, Director of Parks and Recreation Gene Hagel, Building Official Will Dahn, Fire Marshal Linus Manderfeld, and Administrative Assistants Mary Harty and Brad Hoffman. INVOCATION The invocation was offered by Councilmember Fignar. APPROVAL OF MINUTES - FEBRUARY 12, 1979 Motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the minutes of the City Council meeting of February 12, 1979 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none_ The mntinn nac.qPr1 rnnanimn„cly OPEN FORUM Mayor Nyquist opened the meeting for the purposes of the Open Forum session. Prior to recognizing a speaker for Open Forum, the Mayor noted he had written a letter to the Governor concerning a lack of action to resolve the situation left from the Howe fire. The Mayor noted in his letter to the Governor that two months had passed since the Howe fire and no action had been taken to remove the contaminated snow and ice. There are still many unanswered questions as to the degree of danger. With spring coming and a snow melt, it is important the situation be resolved. Mayor Nyquist received the assurance of the Governor and the Commissioner of Agriculture that the State had the situation in hand. The Mayor received information that the snow and ice residue would be hauled on Thursday to a farm in Martin County. The Mayor questioned whether there should be a contingency plan if the plan to haul the snow and ice to Martin County fell through. The Mayor questioned whether it might be necessary to hire a consultant to attempt to determine a resolution to the situation. The City Manager explained the major issue was the fact the State of Minnesota does not have a place within the State boundaries to take care of possible contaminants. The City Manager indicated a possible backup contingency plan would be temporary containment of the snow and ice. He further indicated certain experts are avail- able if the Council would wish assistance in the future to come up with another plan. The City Manager also indicated the Governor has assured the City that a contract for digging and hauling at the site has been finalized. 2 -26 -79 -1- Councilmember Kuefler questioned whether the local jurisdiction had accepted the hauling of the residue to the farm in Martin County. The City Manager indicated he was unsure what veto power the local authority would have in this situation. Councilmember Fignar g questioned whether the City must - bear any financial responsi- bility'for the digging or hauling. The City Manager explained the City would not carry any financial responsibility because the State assumed the financial responsi- bility for the digging and hauling. Councilmember Lhotka questioned what effect the rain would have on the situation. The City Manager explained plugs were still in place to prevent backup into the creek and some diking had also been done, however, a permanent place must be found for the residue because the Howe site is not a good temporary solution to the problem. Mayor Nyquist recognized Mr. Virgil Linn, 3112 - 49th Avenue North, to speak at the Open Forum. Mr. Linn noted many of his questions had been answered by the discussion prior to his speaking at the Open Forum. Mr. Linn did ask what was to be done with other debris materials such as building debris. He noted there was a smell which emanated from the Howe site. The City Manager indicated he would check on removal of types of debris other than the ice and snow and get back to Mr. Linn with the information on what was to be done with that. Mr. Linn noted he was happy the Mayor had contacted the Governor and that action would be finally taken. He further questioned whether there was potential for danger in breathing the air. The Mayor replied one of the biggest problems in this situation was the lack of hard facts as to the danger potential. Mayor Nyquist recognized Mr. Tom Howe, who was in the Council audience. Mr. Howe indicated they would like to get the situation cleared up as soon as possible but they too were waiting for answers from State agencies. Councilmember Fignar commented the hands of the people at Howe are tied as are everyone else's until the State comes to a decision as to what should be a solution. 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. FINAL PLAT APPROVAL The final plat approval for the registered land survey for property lying between Shingle Creek Parkway, County Road 130 and Shingle Creek was recommended. This is the site on which the Spec 8 is currently under construction. The City Council approved the preliminary plat under Planning Commission Application No. 78042 on July 24, 1978 as submitted by Roy Hanson for the Brooklyn Center Industrial Park, Inc. There was a- motion by Councilmember Fignar and seconded by Councilmember Lhotka to give final plat approval for the registered land survey for property lying between Shingle Creek Parkway, County Road 130 and Shingle Creek. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. RESOLUTION NO. 79 -59 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. JAMES M ERILA 2 -26 -79 -2- 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. Regarding the resolution, the City Manager again expressed his appreciation for the fine work of the Director of Public Works, James Merila. Council members also offered their appreciation for the work Mr. Merila had done for the City and for the Council. Council members wished Mr. Merila good luck in his new job. RESOLUTION NO. 79 -60 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (SALT STORAGE BUILDING CONTRACT 1978 -T) 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. Regarding the resolution, the City Attorney explained the contract for the salt storage building had been bid twice. The first bids received were too high and in the second bidding only one bid was received. The company which placed the bid was -a subcontractor and was not accustomed to municipal bidding. For this reasong, certain items which they placed in the bid had to be eliminated from the contract and there was considerable negotiation after the bid was in. Despite this negotiation, the City Attorney indicated the contract should be entered into particularly since this was the onlv bid received for the salt storage building. RESOLUTION NO. 79 -61 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE METROPOLITAN COUNCIL TO IMPLEMENT A FAMILY HOUSING PROGRAM IN THE CITY OF BROOKLYN CENTER 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. Concerning the resolution authorizing submission of the City of Brooklyn Center Community Development Program to Hennepin County, Administrative Assistant Brad Hoffman explained the City of Brooklyn Center had executed a cooperative agree- ment with Hennepin County agreeing to participate in the Urban Hennepin County Community Development Block Grant Program. He further explained a three year community development program and housing assistance plan had been prepared consistent with the Comprehensive Urban Hennepin County Community Development strategy and the Community Development Program regulations. The plan has been subjected to citizen review pursuant to the Urban Hennepin County Citizen Partici- pation Plan and the plan was presented to the City Council for their approval. Mr. Hoffman indicated the City Council had given preliminary approval to the program at the January 8 City Council meeting. He explained the annual program and the three year program is divided into three basic elements. First, there are activities directed toward the identified housing problems in Brooklyn Center, 2 -26 -79 -3- including a housing rehab grant loan program and housing incentive option. Second, there is park development which includes an activity to provide the City's matching funds for a Central Park LAWCON grant. Third, there are activities geared towards handicapped accessibility. Handicapped accessibility project activities include the installation of elevators in the City Hall /Civic Center complex, sidewalk curb cuts and park accessibility. Mr. Hoffman noted the City had received on construction of elevators as proposed for the City Hall /Civic Center complex. Based on the cost, it is the staff's recommendation to construct the elevator in City Hall this year and construct the Community Center elevator next year. The remaining $17,000 would be reallocated to park development. Councilmember Kuefler suggested a chair type apparatus which fits onto the railing might be_ appropriate and less costly for the Community Center. ?sir. Hoffman briefly explained the Citizen Advisory Committee response to the proposed uses of Urban Hennepin County Community Development Block Grant funds by Brooklyn Center for the year 1979. He explained the Committee disapproved the park develop- ment project ($40,000) for Central Park; gave conditional approval to the handicapped accessibility improvements to the park system ($73,000); and approved all the other projects for funding (handicapped accessibility improvements to City Hall, $80,000; housing rehabilitation grant /loan, $66,000; general administration, $18,000; housing incentive as a local option activity, $23,000). Regarding the park development, Mr. Hoffman explained that County staff had expressed concern that the project does not meet the established criteria for benefiting low and moderate income people. Based upon that concern it is their recommendation that the City reconsider this project. The Brooklyn Center Citizens Participation Committee has reaffirmed its cormitment to the project. Mr. Hoffman recommends that the City resubmit the project as is and require the Department of Housina and Urban Development to mile nn 1-hr nI n' or-+ T-F 1 - k - nitc. ,.,F,. �....,. -. L. ,. ruli „r,r. _�_,.: .4 .�.. .. ..nfa crahl. c .�uli ny will IIUD rclat vc t, this project it is recommended the City reallocate those monies to the elimination of physical barriers within the City's park system and include Central Park within the group of parks to receive such funding. Relative to the elimination of physical barriers within the park system, the Hennepin County group has expressed concern with paving 100% of the City's parking hots within the park system with Community Development funds on the basis of eliminating physical barriers for the handicapped. They have expressed their belief that funding for that project should be in a ratio equivalent to the number of parking spaces reserved for handicapped parking in comparison with the total number of spaces within the parking lot. Mr. Hoffman noted that other communities have used community development funds to finance 1000 of the construction costs of parking lots in parks using the same justification. As indicated earlier, other projects were given approval. Councilmember Fignar questioned the Director of Public'Works as to whether or not sidewalk barriers should have. been removed at the time of sidewalk construction. The Director of Public Works replied standards were set after the sidewalk system had been started. Sidewalks built after physical barrier elimination standards were established were done according to the standards. Councilmember Kuefler questioned what the next step in the process was. Mr. Hoffman explained the next step was submission of the City of Brooklyn Center Community Development Program to Hennepin County. The County combines all of the communities programs for submission as the Urban County plan program. The Metro Council will review the submission as part of the A -95 review. 2-26-79 -4- Mr. Hoffman explained approval was given for both the one year plan and the three year plan. In response to questions from the Council, Mr. Hoffman explained the three year plan serves as a guide but is not hard and fast and it is possible to amend the three year plan. RESOLUTION NO. 79 -62 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING SUBMISSION OF THE CITY OF BROOKLYN CENTER COMMUNITY DEVELOP- MENT PROGRAM TO HENNEPIN COUNTY FOR CONSIDERATION AS PART OF THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION, IN ACCORD WITH THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED 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 asked that the next four resolutions listed on the agenda be deferred until after the public hearing because those four resolutions concerned issues being dealt with in the public hearing. The Council agreed to defer the resolutions. The Director of Public Works explained the resolution next presented was a resolution pertaining to a supplemental agreement concerning the improvement of traffic control signals on T.H. 152 at 55th Avenue North and 71st Avenue North. The Director of Public Works explained the Council had approved the agreement with MN /DOT but the funding of the project with regard to federal monies had been changed. The original agreement stipulated that the amount of federal participation would be 72.08 ThP acrraamPnt nn,a �,ihmi +i arl i nrl „r7nc a fo ia, l r a, +; ,; ; , i , i ,-.-P '7c - 7A.- increase in federal participation reduces Brooklyn Center's share from $15,981 to V $13,314. The resolution acknowledges this reduction. RESOLUTION NO. 79 -63 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION PERTAINING TO MINNESOTA TRANSPORTATION DEPARTMENT SUPPLEMENTAL AGREE- . MENT NO. 1 TO AGREEMENT NO. 59271 REGARDING THE IMPROVEMENT OF TRAFFIC CONTROL SIGNALS ON T.H. 152 AT 55TH AVENUE NORTH AND 71ST AVENUE NORTH 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 N uist Ton . Y Kuefler, i q Bill F Gene Lhotka, n Y g Lho a, a d Celia Scott,. and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Regarding the next resolution, the City Manager explained due to potential pollution of the ground water table in the area of the Howe Fertilizer plant during the fire, the Minnesota Department of Health requested the City of Brooklyn Center to connect those homes using private wells in the area of the plant to the City of Brooklyn Center public water system. The City was assured that it would be reimbursed for the connection costs from the Minnesota Department of Emergency Preparedness. Brooklyn Center paid the costs for connection and the State will reimburse those costs. RESOLUTION NO. 79 -64 Member Celia Scott introduced the following resolution and moved its adoption 2 -26 -79 -5- RESOLUTION PROVIDING FOR INTERIM FINANCING FOR WATER CONNECTIONS IN THE AREA OF THE HOWE FERTILIZER PLANT 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 response to questions from the Council, the City Manager explained the City had been informed that reimbursement would be received within a reasonable period of time. Regarding the next resolution, the City Manager commented the resolution was similar to a resolution passed by the City of Brooklyn Park regarding signals at 69th Avenue and 73rd Avenue on present U.S. Highway 169. There was a consensus amongst the Council that they wished to amend the resolution to ,include sending a copy of the resolution to Representative Bob Ellingson. RESOLUTION NO. 79 -65 Me;nber Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ENCOURAGING THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO ELIMINATE THE UNSAFE CONDITIONS ON PRESENT U.S. #169 The motion for the adoption of the foregoing resolution was duly seconded by me_^ber Bill Fignar, and upon vote being taken thereon, the following voted in TL,.-.tk and Cciia- Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 79 -66 Menber Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING DISEASED SHADE TREE REMOVAL IMPROVEMENT PROJECT NO. 1979 -3 AND ORDERING PREPARATION OF 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, 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 -67 Mer „ber Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS FOR DISEASED SHADE TREE REMOVAL IMPROVEMENT PROJECT NO. 1979 -3 z AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1979 -B 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. I 2 -26 -79 -6- Regarding the resolution on diseased shade tree removal, Councilmember Lhotka questioned what was to be done with the diseased trees on Durnam Island. The City Manager explained Durnam Island was located in Brooklyn Park and Brooklyn Park has not sought the removal of those trees. ORDINANCES The City Manager introduced an ordinance authorizing the execution of a temporar easement from the City of Brooklyn Center to the Minnesota Department of Transporta- tion in the area between Beard Avenue North and Ewing Avenue North. The ordinance is presented for a first reading. Responding to questions from the Council concerning complaints from neighbors along 65th and Brooklyn Drive over problems with teenager using the area for beer parties, the City Manager explained certain solutions had been discussed with residents in the area. Residents in the area do use that property for access to their back yards. One solution would be to block off the area but that solution would prevent the residents from using the property for access to their back yards. In other words, certain solutions will cause certain other types of problems. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to offer for first reading an ordinance authorizing the execution of a temporary ease- ment from the City of Brooklyn Center to the Minnesota Department of Transportation in the area between Beard Avenue North and Ewing Avenue North. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The City Manager introduced an ordinance amending Chapter 23 regarding the operation of bingo by licensed organizations. The ordinance is presented for a first readinc. The City Manager explained the amendment had been presented to the City Council as part of a discussion item at the previous Council meeting. At that time the Counci ? had prc .71..7 A -.t+ 1-.' ., t� L4 r'- •_ � ' •�•.•• .�•... ­ i•lciiiayci a5 i..v i.i1C SCL1.111Y Ul Cll1_ereIlLld1 =eeS. ne amenaea ordinance retiects the Council's wishes. Motion by Councilmember Scott and seconded by Councilmember Fignar to offer for first reading an ordinance amending Chapter 23 regarding the o t g g Aeration of bingo for licensed organizations. Vo ting g in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: - none. The motion passed unanimously. The City Manager introduced an ordinance amending Chapter 23 regarding the operation of certain gambling devices by licensed organizations. The ordinance is presented for a first reading. The City Manager again noted the amendment had been discussed at the previous Council meeting and the amendment reflects the Council's wishes. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to offer for first reading an ordinance amending Chapter 23 regarding the operation of certain gambling devices by licensed organizations. Councilmember Lhotka noted the same fee differential should be set for bingo and gambling and he was not in favor of setting the gambling fee break off point at $3,000 and the bingo fee break off point at $1,500. He commented he felt both bingo and gambling fee cut off points should be set at $1,500. In vote on the motion, the following voted in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: Council- member Lhotka. The motion passed. PUBLIC HEARING Mayor Nyquist noted a public hearing on Street Grading, Base & Surfacing Improvement Projects No. 1978 -38 and Curb and Gutter and Sidewalk Improvement Projects No. 1978 -39 and Water Main Improvement Project No. 1979 -1 was scheduled at 8.00 p.m. Mayor Nyquist explained the Director of Public Works would present information to the Council and the Council would be given the opportunity to question the staff regarding the projects. Following that, the Mayor would open the meeting for the purposes of a public hearir:; and citizens could comment at that time. 2 -26 -79 -7- The Director of Public Works explained an informational meeting regarding the up- grading of 53rd Avenue North from Penn Avenue to 4th Street North was scheduled for Wednesday, February 7, 1979 at 7:30 p.m. in the Council Chambers of the Brooklyn Center City Hall. He explained the meeting had been held and the scope of and costs associated with the proposed project were explained. He explained the proposed work involves reconstructing 53rd Avenue North to municipal state aid standards as a joint project with the City of Minneapolis. On the Brooklyn Center side the roadway is proposed to be widened from its present 15 foot width to a 22 foot width. This would provide for a roadway that is 44 feet wide in most areas with one travel lane and one parking lane in each direction. At the same time, curb and gutter and sidewalk is proposed to remain generally the same as it presently exists and no major changes in grade are anticipated. In addition to the paving work, the proposed project includes reconstructing storm sewer lines at various intersections along 53rd Avenue North and construction of new connecting lines to existing storm sewer lines along Oliver and Dupont Avenues North just northerly of 53rd Avenue North. Further it is proposed that a segment of water main be constructed along 53rd Avenue North from Bryant Avenue to 4th Street North in order to provide Brooklyn Center water to abutting properties prior to upgrading the roadway. The Director of Public Works noted three of 50 homes in the area were represented :t the informational meeting. Additionally, letters had been received from two parties. The Director of Public Works showed slides of the area. At the informational meeting, residents expressed concern over four lanes of - raffic rather than two lanes of traffic and two lanes of parking. The Director of Public Works further explained a petition had been signed by 78% of the hveuue. The first choice was to .Leave 5_,ra Avenue as it exists. The second choice was to upgrade the street as the City has proposed with the exception Being to widen it to three feet instead of seven feet on the Brooklyn Center side and to post the street for "no parking ". The third choice was to go ahead with -he proposed project as the City plans. Additionally, a check off was available if residents wanted the "no parking" restriction of the second choice to be enforced only during times of heavy traffic. Survey results showed the greatest percentage of people responding to this survey wished to leave 53rd Avenue as is. Courcilmember Fignar questioned whether or not leaving the street as is was a rea-sonable option. The Director of Public Works replied leaving the street as is could work temporarily but with increased traffic generated by the construction of the freeway, the roadway would rapidly deteriorate. The road would require ­pgrading at a later time when traffic was heavier and the upgrading would be =ach more difficult at that time. - -he Director of Public Works noted the amount of traffic in the location of 57th _.venue North between Logan and Humboldt would be fairly representative of the ut:re traffic on 53rd Avenue. �oua ^cilmember Kuefler questioned whether or not the State would provide funds if -he upgrading was done at a later time. The Director of Public Works indicated _he State would participate at a later time but the total cost of upgrading would continue to rise. The Director of Public Works explained another option might be feasible for this area. That option would include a 16 foot travel way at intersections and a 22 `pot roadway which would include parking bays. He explained that both North and youth St. Paul use this type of configuration in certain segments within their City. One advantage of this system is that it provides for parking and yet 2-26--79 - �Q_ ensures only one lane of traffic. The main problem with this type of system is snow removal. The City of Minneapolis has indicated that they do not intend to place parking restrictions on their side of the street nor to they intend to construct a roadway configuration that includes parking bays and narrow inter- sections. On the Minneapolis side of the street the width will be 20 to 22 feet. The Director of Public Works explained another possible option would be to construct the street at 20 feet wide with no parking bays. A 20 foot wide street would hinder two travel lanes and encourage one travel lane and one parking lane. In response to questions, the Director of Public Works replied the desirable width for one drive lane and one parking lane would be a 12 foot drive lane and a 10 foot parking lane. The minimum required would be a 12 foot drive lane and an 8 foot parking lane. Councilmember Kuefler questioned whether or not there were any examples of 20 foot roadways. The Director of Public Works replied that many Minneapolis and St. Paul streets are 20 foot roadways. A representative from Minneapolis commented that most of the 40 foot streets located in Minneapolis are residential not thoroughfare streets. Councilmember Fignar questioned whether or not there was a significant number of mature trees which would have to be removed if 53rd Avenue was upgraded. The Director of Public Works commented the majority of those trees which would have to be eliminated were elm trees. Tha T)i rPri -nr of Anhl i r- Tn7nrkc fnrthPr nntPA f lhat i f the fnnt rnat9wav wi rli-h WaJ UW:IU aJ Jl..al.CU 1.11 ui1G JJCL_LU_LU11 JI�tGCI. pC111­L11y wvu!u ilcavc w ' uc ualulcu a.i. vi the time. The City Manager commented based on his experience in North St. Paul there were few safety problems created by the bay parking configuration. Some snow plowing problems were created. In this configuration a street appears to be narrower and people travel more slowly due to the appearance of a narrower street. The parking bay configuration with a narrower intersection virtually eliminated tail end crashes with parked cars. Councilmember Fignar questioned what the speed limit would be and whether or not there would be traffic signals on 53rd Avenue. The Director of Public Works explained the speed limit would be 30 miles per hour. There would be no traffic signals because the volumes of traffic do not warrant signals. Mr. Bob Carlson from the City of Minneapolis was asked to comment on Minneapolis' experience with a parking bay configuration. Mr. Carlson noted there were problems with snow plowing and trying to keep the bays clean. He noted Minneapolis had used this type of configuration mainly along the parkways and in a small area in the southeast part of Minneapolis near the University. The Director of Public Works explained there was a provision for deferment of special assessments for senior citizens if certain criteria were met. Deferment of the special assessments would apply if 53rd Avenue were upgraded. The criteria included a necessity that the home be homesteaded, the resident be 65 years of age or older and the resident's income be $7,500 or less per year. Finally, the Director of Public Works briefly reviewed two letters which had been received from citizens regarding the -53rd Avenue upgrading. He reviewed one letter 2 -26 -79 -9- from Mr. Douglas Jordal who was writing in behalf of his mother, Lu M. Jordal who resides at 516 - 53rd Avenue North. He also reviewed a letter from Mr. & Mrs. Cliplef. RECESS The City Council recessed at 9:00 p.m. and resumed at 9:20 p.m. Prior to opening the public hearing for citizen comment, the Mayor noted proper notices had been sent informing people of the public hearing. He requested comments be brief. The Mayor recognized Mr.,Don Jordal who represented his mother who resides at 516 - 53rd Avenue North. Mr. Jordal commented he felt undue emphasis had been placed on the importance of widening the street for purposes of parking. He noted it was more important to keep 53rd Avenue at its present width because this would prevent the loss of trees, it would keep the road from impinging closer on homes, and it would keep the noise level down in the residential area. Comparing 53rd Avenue to the present 57th Avenue which is 40 feet wide and intended for two driving lanes and two parking lanes indicates that 53rd might well become similar to 57th. 57th Avenue oftentimes has four driving lanes and people hesitate to park their cars on 57th Avenue. Again Mr. Jordal stated it was his belief the street should be left at its present width. The Mayor recognized Mr. Steven Villas of 5301 Emerson Avenue North. Mr. Villas concernea with the resictents,ot the area. He also stated concern over the fact that two additional options were presented in addition to those"presented "at the infor_national meeting. People were not prepared to make a judgment on the two additional options. The residents want to keep the street the minimal width as is possible. Residents do not want the road closer to their homes. The Mayor next recognized Mr. J. S. Fahrenholz of 620 - 53rd Avenue North. ?.Ir. Fahrenholz noted the street is in good shape on 53rd Avenue. He said it was his belief the base of the street was good and with the addition of some asphalt the street would be in very good condition. He noted people presently speed on 53rd Avenue and if the street were widened there would be even more speeding. He clarified that the interchange at 53rd Avenue was a partial inter- change. He further noted the City of Minneapolis is not assessing their project to homeowners. The City Manager commented the Minneapolis tax structure and procedure for paying for assessments was different than that of Brooklyn Center. The money for the assessments was taken from the general fund. The City Manager noted because of this the mill rate in the City of Minneapolis was considerably higher than the mill rate in the City of Brooklyn Center. The .Mayor next recognized Mr. Don Rutter of 5254 Logan Avenue North. Mr. Rutter had attended a meeting with Mayor Hofstede and Alderwoman Alice Rainville and they had indicated that assessments would not be charged. In Minneapolis, the assess- =t is actually charged to all people within the City of Minneapolis not only to thy:. people located in the area. In response to comments made earlier he noted Fremont Avenue North in Minneapolis is a 40 foot wide street and cars do not travel four abreast on Fremont Avenue North. 2 -26 -79 -lo- The Mayor next recognized Mr. Victor Anderson of 602 - 53rd Avenue North. Mr. Anderson commented he felt the cost should be split to the entire City of Brooklyn Center not only assessed against the property owners on 53rd Avenue. The City Manager commented that the City of Brooklyn Center's mill levy was 17.88 mills and the City of Minneapolis' mill levy was 43.42 mills. The Mayor next recognized Mr. N. W. Fleischhacker of 710 - 53rd Avenue North. Mr. Fleischhaker noted he had chosen his home in a quiet neighborhood because it was a quiet neighborhood. Recently he had purchased land in Andover and anticipated selling his property at 710 - 53rd Avenue in the spring. The total assessments on his property will be over $2,000 if 53rd is upgraded. He explained he was currently in contact with the Spring Realty Company and Mr. Al Soderberg of the Spring Realty Company has indicated that widening the road will not increase the value of Mr. Fleischhacker's home. Additionally, water would have to be connected for the home at a cost between $500 and $1,000. If this home was sold FHA all of these assessments would have to be paid by Mr. Fleischhacker before the home could be sold. Mr. Fleischhacker indicated the equity built in his house will be reduced and fewer people would be interested in purchasing the home. The Mayor next recognized Mr. Patrick Menth of 5302 Fremont. Mr. Menth questioned whether or not upon completion of the improvements, real estate taxes would be raised. The City Manager explained, based on the street improvements, the real estate taxes would not be raised, unless the average sale price of homes in the neighborhood increased. The Mayor next recognized Mr. Percy Anderson of 5319 Logan Avenue North. Mr. Anderson noted there really was no place for the traffic to go. He commented he felt that 53T -,hcml rl not hr a thrnrnrrh ctrrrt . Fur fiiT -thrr enmmrntrrl that .uvyc -... c�v....a u.- .v u._u i.v �. iaaa.u.ic 1ttv.�c .t cti i.�.. ric v viacu WIIc Ui.ict v.L 1tvL U.Lu�'X— would be allowed to use the roadway. The Director of Public Works commented that major trucks would use the freeway but trucks would not be prohibited from using the roadway. The Mayor next recognized Mr. Phil Cohen of 5302 Humboldt Avenue North. Mr. Cohen noted he opposed the "no parking" ban on 53rd Avenue because he felt it would be shifting the parking burden to Minneapolis which would be unfair and also many residents and their visitors need the parking on 53rd on the Brooklyn Center side. In regard to the comments made on the City of Minneapolis not assessing the particular property owners, he again called Brooklyn Center residents' attention to the fact that Minneapolis' mill rate was substantially higher than that of the City of Brooklyn Center. He also noted that the City of Minneapolis has access to more State funds and more Community Development Block Grant monies than did suburban Brooklyn Center. Mr. Cohen noted he favored the parking bay configuration. He noted he appreciated the problems of neighbors who have homes closer to the street but felt that the upgrading was necessary. Commenting on earlier questions, Mr. Cohen.noted property owners would be assessed but the improvements would not cause an increase in real estate valuation. Finally, he questioned who would manage the upgrading project if it was approved. The Director of Public Works explained there was presently no agreement as to who would manage the project but currently Brooklyn Center was the lead agency in planning the project and it was anticipated that Brooklyn Center would be the lead agency in managing the project if the upgrading was approved. 2 -26 -79 -11- The Mayor next recognized Mr. L. Jarvits of 5300 Penn Avenue North. lie explained he had planted five evergreen trees several ears ago and all five trees will be Y g taken if the upgrading is approved. He further explained the area was currently a race way with no stop signs and if the road was widened speeding would increase. He commented that 53rd Avenue does not need to be improved. He questioned why the owners of property on 53rd Avenue should be assessed for the upgrading of .53rd Avenue when the residents did not want the upgrading and other residents within the City of Brooklyn Center would be benefiting from the upgrading. The Mayor next recognized Mr. Gerald Taylor of 512 - 53rd Avenue North. Mr. Taylor questioned who would pay for the frontage road. The Director of Public Works explained there was no frontage road between 53rd and '57th. There was a frontage road between 49th and 53rd but that would be part of the ramp. Mr. Taylor further asked whether or not he would have to connect to Brooklyn Center water and why that was necessary. The Director of Public Works explained there was corrosive build -up inside of the water lines which reduces the water pressure. If streets are to be torn up as part of the upgrading then water mains should also be installed so the roadway would not have to be torn up at a later time for repair of service line. At that time Brooklyn Center residents hooked up to Minneapolis water would be hooked up to Brooklyn Center water. The Mayor next recognized Ethel Anderson of 600 - 53rd Avenue North. She questioned what would happen with the sewers and cesspools. The Director of Public Works indicated he was not aware that thPrr� t.toro nn,� cr r l t t mt n3tcd if i WrL' - � i jaa ii wct5 i np.Luved at .a later time., replacement ^�.Q o and restoration costs.w uld also be,assessed -back to the people which was another reason 'that it would be to the pe ,.l' le 's benefit to improve the water main at the same-'time the street was upgraded. The City Attorney left the table at 10:27 p.m. The Mayor again recognized Mr. Don Jordal who noted a point of clarification. ;r. Jordal stated that if improvements do not actually improve the property or increase the property value than legally special assessments could not be made to the property owners. Mr. Jordal questioned whether or not this particular improve- ment would actually be a benefit or a detriment to the properties. The City Attorney returned to the table at 10:30 p.m. The Mayor next recognized Mary Nelson of 5302 Morgan Avenue North. She stated their property is only 15 feet to the roadway. If the street_ is widened the street will be almost next to their front door. The Mayor asked if there were any more comments before the public hearing was closed. There were no more comments. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to close the public hearing. Voting in favor Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Councilmember Kuefler questioned Mr. Steven Villas, the carrier of the petition, as to whether Mr. Villas felt there was need for additional time to consider the added options. Mr. Villas commented that since two options were added, it did not give people time to consider those options. 2 -26 -79 -12- Councilmember Kuefler commented that the bay parking option had been discussed at the last Council meeting and the Council had directed that consideration be given to the bay parking configuration. Councilmember Kuefler suggested he would be in favor of granting the residents more time to consider the additional options if a time schedule was not a problem for the City. The City Manager also explained that the additional options came based on questions and concerns raised by the residents at the informational meeting. The additional options were an attempt to meet some of the concerns raised by the residents at the informational meeting. The Director of Public Works replied to Councilmember Kuefler's earlier comments stating it would be possible to give the residents additional time but the start of construction would be delayed. The Director or Public Works stated the basic issue is whether or not the Council felt there should be upgrading. Councilmember Kuefler stated he felt the Council should do everything possible to discourage traffic but the upgrading was needed. Councilmember Kuefler stated that to do nothing is to ignore the problem. Councilmember Kuefler further commented he was in favor of allowing the residents more time to consider the additional options. The City Manager explained he would be happy to hold another informational meeting to give the residents time to discuss the additional options. The Director of Public Works again stated there should be a Council decision as to whether or not there should be an upgrading so that the informational meeting could be for the purposes of discussing alternatives if that was the Council's wish. Councilmember Kuefler stated that assessments on the property were assumable if the property was sold except for homes sold under FHA and GI tinancinq in which case all the assessments must be cleared. Councilmember Fignar went on to express concern over tree removal. Councilmember Fignar commented that he had had the opportunity to work with approxi- mately a dozen different municipalities through his personal business and.in his estimation the City of Brooklyn Center is competently run. Councilmember Fignar commended the staff for work they had done. He noted citizens had expressed dismay over the need to upgrade 53rd Avenue and questioned whether the City was handling the situation correctly. Councilmember Fignar expressed confidence in the City's handling of the situation. Councilmember Scott commented that it was not the City's choice that 53rd Avenue be a major access to the freeway. That decision was a State decision and Brooklyn Center did not have a choice in the matter. The fact that 53rd Avenue had been designated as a major access has necessitated that 53rd Avenue be upgraded. Council- member Scott stated the issue presently was what is the minimal amount of upgrading that can be done to fulfill the needs of the area and yet not upset the neighborhood balance. The Council reached a consensus that upgrading was necessary on 53rd Avenue. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to express the Council intent to approve the upgrading of 53rd Avenue. The Council also asked the City Manager to set up another informational meeting_ with the residents at which time various upgrading alternatives could be discussed. A decision on the specific type of upgrading would be deferred until after the informational meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. 2 -26 -79 -13- Ti City ?tanager set March 5, at 7:30 p.m., in the City Hall Council Chambers as to date and time for the informational meeting. All residents were invited to the informational meeting. The resolutions concerning the upgrading were deferred until the next Council meeting. PT�NNINC COMMISSION ITEMS T`:e City Manager introduced Planning Commission Application No. 79004 submitted by Korsunsky, Krank, Erickson Architects for a preliminary plat approval of the property located at 5920 Brooklyn Boulevard. The application was recommended fcr approval at the February 15,' 1979 Planning Commission meeting. Te Director of Planning and Inspection explained that on July 10, 1978, the City Ccancil had approved Planning Commission Application No. 78037, consisting of site and building plan review for a remote banking facility for the First Brook- dale Bark to be located at 59th and Brooklyn Boulevard. The Director of Planning an Inspection remarked that one of the conditions of approval was that the property be reolatted by formal plat or registered land survey into a single tract or lot prior to occupancy of the building. The Director of Planning and Inspection pointed out that presently there is.a dirt drainage and utility easement running north and south through the center of the parcel. He - explained that with the development of this parcel there was no longer a need for an easement and that the City was in the process of vacating the easement through an ordinance amendment. TT,e Tli r. -4--- nF Dl r� _r+.7 I., r. i-, .+-..� ,-„L,1 L... 1-. tn__P1a;:ni.ng Commission meetixig.._.Explaining the traffic engineering aspects of the plan the Director of Planning and Inspection explained that the proposed plat allowed entrance only from 59th Avenue North. The Director of Planning and Inspection stated that with the existence of a nonconforming single family residential structure with a driveway on 59th Avenue North, just south of the site, it was not Feasible to close 59th Avenue North at this time. He added that the approved la for the bank facility does not preclude the possibility of a closing at a future date. The Director of Planning and Inspection explained that Mr. Erickson, the architect fer the project, had indicated that the function of the new remote facility was nct to generate a new market for the First Brookdale State Bank, but was rather a means of handling existing overflow demand. The Director of Planning and Inspection explained that both right and left turns wc be allowed onto Brooklyn Boulevard from the site. The Director of Planning and Inspection explained that the landscape plan was in keeping with the previous plan. Cc-arcilmember Fignar commented in discussion of the application that he would like tc see the vacation of 59th Avenue pursued. Councilmember. Kuefler noted agree- me^t that the vacation should be pursued by the City. The Mayor opened the meeting for the purposes of a- public hearing on Planning Cc.- mission Application No. 7.9004_. There was no one present to speak on the a Mr. Erickson, representative of the architect, was present to answer questions from the Council. 2 -25 -79 -14- There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to approve Planning Commission Application No. 79004 submitted by Korsunsky, Krank, Erickson Architects for a preliminary plat approval for the property located at 5920 Brooklyn Boulevard subject to the following conditions: 1. Final plat is subject to review by the City Engineer. 2. Final plat is subject to the requirements of Chapter 15 of the City Ordinances. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The City Manager introduced Planning Commission Application No. 79005 submitted by Hodne /Stagberg Architects. The application is for a site and building plan approval for the Hennepin County Regional Library, Licenses Center, Social Service Office and County Court and Administrative Offices located on the west side of Shingle Creek Parkway, south of Shingle Creek Tower highrise apartment building. This application was recommended for approval at the February 15, 1979 Planning Com- mission meeting. The Director of Planning and Inspection commented that access to the site is provided through a common driveway with the Shingle Creek Tower apartment complex at Summit Drive while access on the south is through a common driveway at John Martin Drive. He noted that appropriate easements had been obtained. The Director of Planning and Inspection explained the building is approximately 54.500 sauare feet and that the Droner number of Darkina spaces has been provided. Social Services Office through a common entrance. The County Court and Administrative Offices, although a part of the same building has a separate entrance area and does not provide public access through the building to other areas. The Director of.Planning and Inspection briefly explained the provisions made for walkways and pedestrian access as well as the exterior treatment of the building. The Director of Planning and Inspection proceeded to give a lengthy explanation of the landscape plan for the site. He explained that sod would be installed around the parking and driving areas, along the west and north side of the building and along Shingle Creek Parkway. Prairie grass is to be planted in a large open area primarily in the east and southeasterly portions of the site. He explained that prairie grass is a long grass containing wildflowers and is not maintained in a normal sense being cut approximately once a year. The applicant proposes to provide underground irrigation for the sodded areas only and not for the area designated for prairie grass. The Director of Planning and Inspection stated that at the time of the Planning Commission meeting, staff had explained to the applicant that the Zoning Ordinance requires an _underground irrigation system to facilitate site land- . scaping and green areas, and that staff at that time felt that the area designated for prairie grass should be irrigated as well. After considerable discussion with the applicant and an explanation by the applicant, it became clear that irrigation of the prairie grass area would defeat the entire concept of prairie grass. The Director of Planning and Inspection recommended the City consider holding a per- formance bond until the prairie grass took hold and in lieu of waiving the irrigation requirement. It was noted that the City had not required an underground irrigation system for the Post Office because it was contended that such a system was not needed because the below grade area would contain a clay shelf which would retain m oisture. 2 -26 -79 -15- Mr. Erickson showed slides of other areas planted with prairie grass. Finally, the Director of Planning and Inspection explained the applicant's proposal of an amphitheater to be shown as an add alternate, meaning that if bid price is in excess of the building budget, this item would be deleted. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve Planning Commission Application No. 79005 submitted by Hodne /Stagberg Architects for site and building plan approval for the Hennepin County Regional Library, Licenses Center, Social Service office and County Court and Administrative Offices located on the west side of Shingle Creek Parkway, south of Shingle Creek Tower highrise apartment building subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility 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 extin- guishing system to meet MFPA Standard No. 13 and shall be a „a­ 1 r n; tnri nn CV.gt In - accordancewith Chapter 5 or me l_-Lty vtuiiiais%c�. 5. Any outside trash disposal facilities and /or rooftop mechanical equipment shall be appropriately screened from view. 6. All landscaped areas shall be equipped with an underground irrigation system with the exception of the prairie grass area. A portion of the performance bond shall be held for four years after installation of the prairie grass to ensure its viability. 7. Plan approval acknowledges the proposed amphitheater as an add alternate, meaning it could be deleted if the bid price is in excess of the building budget, provided the proposed area would be treated with sod and an irrigation system. 8. Any revisions to the building and landscaped areas are subject to review and approval by the City of Brooklyn Center. 9. The large island in the northwest of the parking lot shall be given a landscaped treatment to include trees compatible with the proposed landscape plan and shall be 2� inches to 3 inches in diameter. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The City Manager introduced Planning Commission Application No. 79006 submitted by Arvid Elness Architects, Inc. for Dale Tile. Site and building plan approval for Dale Tile warehouse, showroom and office on Lakebreeze Avenue westerly of the 2 -26 -79 -16- present Dale Tile site. This application was recommended for approval at the February 15, 1979 Planning Commission meeting. I Councilmember Lhotka left the table at 11:13 p.m. and returned at 11:15 p.m. Councilmember Fignar left the table at 11:16 p.m. and returned at 11:18 p.m. The Director of Planning and Inspection reviewed the site and building plan for an approximate 3,200 square foot warehouse, showroom and office on the site located on the north side of Lakebreeze Avenue North, just west of the present Dale Tile Company. The Director of Planning and Inspection stated that the proposed plan comprehends using a portion of the present Dale Tile Company site. Replatting of this area to shift the present property lines easterly is required. The Director of Planning and Inspection explained that access to this site is proposed to be via two curb cuts off Lakebreeze Avenue, one lying to the east being a com�:on entrance with Dale Tile 'Company. Common access and cross driving easements are required along the easterly portion of the proposed site to accommodate this plan. Approximately 2,200 square feet of the building is designed for warehouse and approximately 9,900 square feet for office and showroom area. The Director of Planning and Inspection noted some drainage problems on the west side`of'tlhle Recent revisions have been requested to provide on -site drainage. These revisions have some effect on the applicant's long -range plans for expansion of the ' building to the west. The Director of Planning and Inspection suggested that it might b possible to work out the drainage problem through a common agreement with Davies Water Company located to the west of the site. one solution would be a drainage easement encompassing the portion of the Davies site on the proposed Dale mile site. The Director of Planning and Inspection explained that the applicant pro=os=-s a scored concrete block building with a clear sealer and baked enamel roof panel. in aiscussion o= Lne application, Lne councii expressea concern over Lne aeszne7ics of the scored concrete block building. The architect apologized for not having sketches of the building and explained he had not made certain connections which would have enabled him to bring those sketches to the Council. The architect explained the aesthetics of the building were in line with certain conceptual, plans of the Dale Tile Company. The Building Official noted the present Dale Tile building addition had been painted white on one side rather than the building being treated in its entirety. He expressed concern over the aesthetics of this partial treatment. He noted the Planning Commission had addressed aesthetics and had expressed concern that the building be treated equally on all sides. Councilmember Scott expressed a distaste for a scored concrete block building because of the aesthetic appearance of the building. There was a genera]. consensus amongst the Council that they wished to see sketches of the building before making a decision. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to defer a decision on Planning Commission Application No. 79006 until sketches of the building could be reviewed, expressing concern over the aesthetics of the design. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. 2 -26 -79 -17- In further discussion, the Council directed the City Manager to check on the present Dale Tile building addition. DISCUSSION ITEMS The City Manager explained that Kaleidoscope would again be held April 22, 1979 and the City had been invited to participate. As the Council is aware, City commission- and advisory groups had been invited to participate and additionally the City Council had been asked to participate. The Council indicated they were interested in particy... pating in a similar manner as to their participation in former years. An informational booth can be setup and Council members will be available to answer questions of citizens. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to participate in Kaleidoscope with an informational booth. Voting in favor: Mayor. Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The City Manager introduced the next discussion item an explanation of an exercise in which the City was participating, for emergency preparedness. He explained the City had been working with Hennepin County in an emergency preparedness exercise. In the first phase of the exercise, department heads had to set up procedures to deal with a mock emergency situation. In the second phase, a mock emergency situation will be dealt with from the City's emergency operating center. A third phase, is recomTended which might involve the City Council in making emergency decisions if the Council wished to be involved. The City Manager noted if the City Council was interested, he would mak? arrangements to arrange an exercise in emergency prepared- ness for the Council. It was the consensus of the Council that they wished to be involved in an emergency preparedness exercise. DISCUSSION, OF LIMITED VALUES The City Manager explained the Limited Value Law as it relates to the assessing of the properties took effect in 1973 and it restricted the raising of property values more than 10a in any given year. Currently there is a tax lawsuit which has been initiated involving affected property owners who say that the law treats properties unfairly by taxing them at a rate below market and others at a rate at market value. The City Manager noted that from an administrative point of view, the Limited Value Law is not equitable. However, the immediate repeal of the Limited Value Law would create a shift in the tax burden. The City Manager noted it appears the most equitable solution at this time would be a repeal on the Limited Value Law and corrective legislation which would relieve the inequities of the present law and make adjustments in the assessing system which would compensate `or the shifted tax burden created by the elimination of the Limited Value Law. He also noted that if the Limited Value Law is not repealed and corrective legislation passed during this session of the legislature, the inequities and the problems of repairing those inequities created by the Limited Value Law will increase dramatically. The City Assessor briefly explained the charts which he had drawn up showing a limited value analysis, a tax effect analysis and several case studies. He explained that in essence homes built since 1973 are paying a higher tax and the crux of the issue is fairness. The limited value analysis is intended to demonstrate what effects removing the limited value will have on property taxes in Brooklyn Center. The City Assessor noted it was his opinion the property tax law should be modified to eliminate the Limited Value provisions for many reasons, the most compelling is equal treatment under the law. He also noted that residential values in suburban Hennepin County have risen from 15 to 20 per cent from the 1978 assessment to the 1979 assessment. A similar rise in commercial industrial properties has not been experienced. This fact will cause a further spread between residential, limited and market values. Any further spread will complicate the analysis of a tax shift between property types. 2 -26-79 _1R_ I RESOLUTION NO. 79 -68 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING MODIFICATION OF LIMITED VALUE LAW 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. LICENSES In discussion of the licenses, Council members expressed concern over purported conditions at Evergreen Park apartments. The Council decided it wished to defer approval of the rental dwelling license for Evergreen Park apartments until the next Council meeting. Motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the following list of licenses: BULK VENDOR LICENSE Brooklyn Center Lions Box 29092 CIGARETTE LICENSE Acorn Vending 8433 Center Drive Brookdale 10 Office 2810 County Road 10 Happy Dragon 5532 Brooklyn Blvd. 1 VVLJ LJ1ruiL 1-wJi 11'111 1V1 L1l.L LVJli Kymme Bautista 210 E. County Rd. B2 European Health Spa 2920 County Road 10 Beacon Bowl 6525 Lyndale Ave. No. Fanny Farmer Candy Shop #121 Brookdale Shopping Center Fanny Farmer Candy Shop #123 Brookdale Shopping Center Farrell's Ice Cream Parlor 5524 Brooklyn Blvd. Frito -Lay, Inc. P.O. Box 35034 Frito -Lay 6800 -D Shingle Crk. Pkwy. Happy Dragon 5532 Brooklyn Blvd. Kentucky Fried Chicken 5512 Brooklyn Blvd. McGlynn Bakery 7752 Mitchell Road Dayton's Brookdale Shopping Center Maid of Scandinavia Co. 3244 Raleigh Avenue Maid of Scandinavia Westbrook Shopping Center Olive's East Brookdale Shopping Center Poppin Fresh Pie Shop 5601 Xerxes Ave. No. Red Owl Stores 5425 Xerxes Ave. No. Zantigo- American Mexican Rest. 6800 Shingle Creek Pkwy. MECHANICAL SYSTEMS LICENSE Modern Heating & Air Conditioning 2318 First Street N.E. Rouse Mechanical 11348 K -Tel Drive NONPERISHABLE VENDING MACHINE LICENSE Beacon Bowl 6525 Lyndale Ave. No. H. & L. Enterprises 11517 Yukon St. N.W. Whirltronics 3401 48th Ave. No. 2 -26 -79 -19- i •linnesota Fabrics P.O. Box 1748 Minnesota Fabrics 5712 Morgan Ave. No. Rec Owl Stores 5425 Xerxes Ave. No. F C. B. Schut 7536 Douglas Drive Chuck Wagon Inn 5720 Morgan Ave. No. Viking Pioneer Distributing Co, 5200 W. 74th St. LaBelle's 5925 Earle Brown Drive PE-RISHABLE VENDING MACHINE LICENSE Coca -Cola Bottling Co. 1189 Eagan Ind: Rd. Arctic Metals 6530 James Ave. No. H. L. Enterprises 11517 Yukon St. N.W. whirltronics 3401 48th Ave. No. Red Owl Stores 5425 Xerxes Ave. No. Vi: >ing Pioneer Distributing Co. 5200 W. 74th St. LaBelle's 5925 Earle Brown Drive _ =LY PERISHABLE FOOD VEHICLE LICENSE _Frito -Lay, Inc. P.O. Box 35034 Frito -Lay 6800 -D Shingle Creek Pkwy. RE:.TAL DWELLING LICENSE Initial: Ewing Square Associates Ewing Square Townhouses George s Judith Gottschalk 4700 -04 Lakeview Ave. No. - Residential Alternatives, Inc. 5449 Lyndale Ave. No. :CC i;rWd1: Harold Swanson 7230 West River Road Harold Swanson 7250 West River Road Edward Sass 5101 -03 Xerxes Ave. No. Transfer: Griffin Company, Inc, Columbus Village Apts. SP -CIAL FOOD HANDLING ESTABLISHMENT LICENSE Ideal Drug Store 6800 Humboldt Ave. No. Toy City Store 6000 Earle Brown Drive Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. A brief discussion ensued as to the situation at Brockdale Ten apartments. The City Manager noted as a point of information the League's Legislative Conference Dav was scheduled for March 1, 1979. AJ :�DURN_'ENT Vloziion by Councilmember Scott and seconded by Councilmember Lhotka to adjourn the City Coantil meeting, doting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhct_ka, and Scott. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 12:30 a.m. Clerk M or 2 -26 -79 -20-