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HomeMy WebLinkAbout1979 04-23 CCM Regular Session { MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 23, 1979 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:00 p.m. R CALL Mayor Dean Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott. Also present was City Manager Gerald Splinter, City Attorney Richard Schieffer, Director of Planning and Inspection Ron Warren, Director of Finance Paul Holmlund, Acting Director of Public Works James Noska, Fire Marshal Linus MandGrfeld, and Administrative Assistants Mary Harty and Brad Hoffman. INVOCATION The invocation was offered by Pastor Kamp of Brooklyn United Methodist Church. APPROVAL OF MINUTES APRIL 9, 1979 There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to approve the minutes of the City Council meeting of April 9, 1979 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. OPEN FOR Ma; Nyquist opened the meeting for the purpose of the Open Forum session. The Mayor recognized Mr. Leon Binger of 2800 Mumford Road, who wished to address the Council concerning a decision made at the last Council meeting regarding the phone s Mr. Binger first'stated he was happy to have the Open Forum as a channel to address 'the City Council. He stated he wished to protest the decision to keep the Northwesterr: Bell present system rather than awarding the bid to the company Hauenstein & Burmeister. He explained he had read the information as printed in the Post and had also read copies of the minutes regarding the discussion on the phone system. According to the figures he had reviewed, Mr. Binger noted the Northwestern Bell system over a ten year period would cost approximately $172,000, whereas, the Hauenstein & Burmeister system would cost approximately $67,000 over a ten year period. He explained it was his understanding that the Hauenstein & Burmeister company had been in business for over 40 years and their equipment was manufactured by Simmons & IT &T. He explained it was his information that the company had at least 45 twin city users and several major installations in both Minnesota and Wisconsin. Mr. Binger asked the Council to consider the affect their decision to retain Northwestern Bell would have on the taxpayers of Brooklyn Center. He asked the Council to bear with a per capita comparison for the savings which would accrue by using the Hauenstein & Burmeister system as compared to the Northwestern Bell system. As noted earlier, the savings would be approximately $105,000 spread over the 35,000 residents of Brooklyn Center resulting in a $3.00 per person savings if the Hauenstein & Burmeister system was selected. He noted in this day of serious inflation and rampant cost increases, that $3.00 per person or savings of $105,000 was significant. He stated he did believe Northwestern Bell was .a good corporate citizen and also employs people within the City of Brooklyn Center but the Northwestern Bell company does not need subsidy from the City of Brooklyn Center. 4 -23 -79 -1- He stated it was most people's assumption that bureaucrats tend to attempt to expand staff, expand office space and build empires but it appears that the staff in Brooklyn + Center is different and is recommending a cost conscious approach. Mr. Binger stated he felt the staff recommendation to install the Hauenstein & Burmeister system was a sensible recommendation and Mr. Binger urged the Council to reconsider their decision. Mr. Binger thanked the Council for the opportunity to address them. Councilmember Lhotka stated the vote at the last Council meeting, in his estimation, j did not necessarily mean that the Council wished to retain the Northwestern Bell system. Councilmember Lhotka explained he did not vote to accept the bid of Hauenstein & Burmeister because there was still a question in his mind as to service and a question as to what system is best for the City offices. Councilmember Lhotka stated, in his estimation, it was not a dead issue. Mayor Nyquist inquired if there was anyone else present who wished to address the Council as part of the Open Forum; there being none, the Mayor proceeded with the rest of the meeting. PERFORMANCE BONDS - RELEASE /REDUCTION The City Manager noted the Meadow Corporation was requesting a release of a $13,500 bond for the Ponds Townhouses, Phase I, located at 6900 Unity Avenue North. The City Manager noted the reference was Planning Commission Application No. 76041. The City Manager noted all work has been completed in Phase I except for some final shaping of ditch bank along the west property line abutting Brooklyn Park. He explained this also ties into Phase II for which the City still holds a bond. Both Phases I and II will be completed thiz, spring or summer. He explained the developer on Brooklyn Park's side is still working on the west side of the ditch. The City ° Manager noted staff did recommend total release of the bond. K f -..-7 ...,7 S.. P'.. lmnml�or T }ntlr7 to 11LCLC WClS Q 111V L1VLl lJ �' VVLLL1V11lLLGLLLVGl 1 \4 C:.a lcr a. uatu �a•�.v aau �. a. .+J v. �- •.. +- �•••-- -••-•- -- -• - - -•— -- release the performance bond for the Ponds Townhouses. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The City Manager noted Mr. Bill Bjerke was requesting the release of a $1,000 cash escrow bond for Happyville (Fun Services, Inc.) located at 3701 50th Avenue North. He noted the reference was Planning Commission Application No. 76068. The City Manager referred the Council to a memorandum from the Director of Planning and Inspection which stated last fall the owner replaced two lilac bushes with two seedling pines, approximately 16" x 18" in height, and sodded the yard area and requested release of the guarantee. The Direcr or of Planning and Inspection advised him that the two seedling pines were not in keeping with Council approved trees, either decorative or otherwise. The Director of Planning and Inspection advised him that the intent of decorative trees was usually l" to 12" diameter birch, red maple, flowering crab, etc. or other trees such as an ash, maple, linden, locust, etc. which were generally 22" to 3 ". The Director of Planning and Inspection noted if pine trees were preferred, they should be at least 3' to 5' high. The memorandum stated the Director of Planning and Inspection had advised Mr. Bjerke that he would not recommend release of the bond because of a need to be assured that the sod would grow and that the pine trees would be acceptable. The City Manager explained Mr. Bjerke again requested release of the guarantee feeling he had met his obligation for landscaping. Councilmember Scott stated she felt the applicant should be informed that the trees should be changed and the Council would keep the bond amount until that action was . taken. Councilmember Scott noted she did not wish to set a precedent of accepting seedlings for landscaping. 4 -23 -79 -2- The City Manager suggested it would be advisable to hold a high enough dollar amount in the bond rather than making the arrangements for the City to go in and replant. Councilmember Fignar asked for a clarification of why the item was on the agenda, noting it was his understanding that the Director of Planning and Inspection did not recommend the release. The Director of Planning and Inspection replied he did not recommend the release but Mr. Bjerke had requested the release of the guarantee be placed on the agenda, bringing the request to the Council. Councilmember Kuefler asked if the site and building plan stipulated the size of the trees. The Director of Planning and Inspection replied the site plan was not a formal site plan because it was not a new development, although Mr. Bjerke was informed what the intent of the words "decorative trees" was. Staff suggested 1" to 12" birch, red maple, etc. The Director of Planning and Inspection further explained there is a precedent which has been set in past approval of new site and building plans which require the trees as mentioned. In response to questions from the Council as to Mr. Bjerke's cooperation in other areas, the Director of Planning and Inspection explained Mr. Bjerke had seeded the ground rather than sodding the ground and, therefore, that was not up to par until the staff insisted on changes. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar not to release the performance bond. The Council suggested staff should attempt to negotiate with Mr. Bjerke indicating that the Council has set a past precedent involving new developments which requires certain size and type of trees and encourage Mr. Bjerke to cooperate. The bond will be left at the $1,000 amount. Voting in favor: Yq Mayor N uist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting Y 2-2, f" nnna. The motion passed unanimously. RESOLUTIONS The City Manager introduced a resolution accepting bids and approving contract form (Well Maintenance Contract 1979 -C). He recommended the proposal of Keys Well Drilling Company in the amount of $19,825 be accepted. RESOLUTION NO. 79 -93 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (WELL MAINTENANCE CONTRACT NO. 1979 -C) 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 NyquisL, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution authorizing the appropriation of the remainder of the Community Development funds. He noted the resolution appropriates the remaining $25,483 of Community Development funds. He further noted the the appropriations as listed in the resolution have been endorsed by the Brooklyn Center Community Development Citizens Participation Committee. In response to questions from the Council on item #3 in the resolution, the housing rehabilitation grant /loan appropriation of $13,983, Administrative Assistant Brad Hoffman responded the $13,983 would be added to the present $66,000 already in the housing rehabilitation grant /loan appropriation. Administrative Assistant Brad Hoffman stated the City was aware that there would be some additional money coming. The money would be available for use by approximately August. 4 -23 -79 -3- Councilmember Kuefler questioned what the terminology "local option" meant. Admini- strative Assistant Brad Hoffman responded it was a contingency fund. He replied there presently is $23,000 in the local option. RESOLUTION NO. 79-94 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ALLOCATING THE REMAINING COMMUNITY DEVELOPMENT FUNDS ALLOCATED TO THE CITY OF BROOKLYN CENTER TO HENNEPIN COUNTY FOR CONSIDERATION AS PART OF THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION, IN ACCORD WITH THE HOUSING COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED The motion for the adoption of the foregoing resolution was duly seconded by member , eon her the following voted in favor thereof: Tony Kuefler, n vote being taken t f u , and upon Bill Fignar, ar Gene Lhotka, and Celia Scott; and the following Dean Nyquist, Tony Kuefler, g � voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Cit y int roduced Manager er intro a resolution authorizing the purchase of printing of the summer recreation program and C y g City Man r , s newsletter. He recommended the quotation of American Color Press in the amours of $1,966 be accepted. RESOLUTION NO. 79 -95 - Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE CF PRINTING OF THE SUMMER RECREATION PROGRAM AND CITY MANAGER'S NEWSLETTER te _ r _._ i. c f t -;. �f„ o r. r_ino C rPni cation was duly seconQeQ Dy utCutuc L 'ine mouton LUL utc au'Ur�i� -•- - - - -o - 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 followin voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution amending the 1979 Budget to provide for funds for the continuation of use of its present phone system. The City Manager explained if the Council contemplates staying with the present system, the Budget must be adjusted because the 1979 Budget was prepared with the installation of a new system at less cost comprehended. He explained the amount of money transferred could be further adjusted at a later time if other changes were made at a later time. The City Manager explained he also had prepared three other resolutions for the Council if the Council decided on another action. Councilmember Lhotka questioned whether or not the City could reduce the cost further by eliminating the key phones. The City Manager explained the cost could be further reduced by eliminating all of the key phones but in investigating the various phone systems, the staff had analyzed many different types of systems with the various companies which were interested in bidding for the system, and it was the staff's best judgment that a reduced number of key phones were absolutely necessary. The City Manager stated the resolution presented to the Council was presented in a` hope of getting some direction as to what the Council wished to have done. In further discussion of the key phones, the City Manager responded the key phones had been reduced from 37 to 13 under the specs which had been written: Northwestern Bell suggested the City should operate without key phones entirely. The City Manager f available information and on their best judg- noted based on the staff's analysis o_ availa ment, the staff recommended the use of 13 key phones. -4 -23 -79 -4- Councilmember Kuefler referred to earlier discussions asking whether or not the system bid by the Norstan Company would be a more cost effective system -after the second year. The City Manager replied he would investigate that question. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to request the City Manager to prepare a comparison of all of the bids on a ten year back, maintenance insurance buy b , ems such as cost , � Y comp arative basis including , comp g such it etc. showing the end dollar cost of each system. The comparison should be based on the system as speced by the City. In discussion of the motion, Councilmember Kuefler stated once the overall comparison was made, it was the City's responsibility to choose the system which would be functional for the City and would be most cost effective for the City. Councilmember Lhotka stated he would like to see the companies come in and recommend the system which they felt would be the best and the most economical system for the City, in other words, start from ground zero to build the best system and the most economical system for the City. The City Manager responded that the City Clerk and staff had done this in originally preparing the specifications. He explained the City Clerk had reviewed with the bidding companies at great length before the specs were set. The City had started from ground zero to spec the system which would be most economical and the best system for the City. The City Manager questioned whether the Council wished to bring in each company and go through the specs. Councilmember Lhotka responded he did not wish the companies to come and go through the specs. Councilmember Lhotka stated what was important to him was that the City knows exactly what it wants and whether or not that is the most economical and the best system. He stated in his earlier vote he was not convinced this was true. Councilmember Fignar asked for a clarification o= wneuher 1iULLllWCSLCiti Lei-I iat;_G are controlled by the Public Service Commission. The City Manager replied the rates are controlled by the Public Service Commission because it is a public utility unlike some of the other bidders which are private utilities. Councilmember Fignar asked for a clarification of whether Northwestern Bell can or cannot sell equipment. The City Manager replied Northwestern Bell cannot sell their equipment but they have not requested from the PSC to be able to sell their equipment. The City Manager explained the rates are proposed by Northwestern Bell and approved by the Public Service Commission. In so doing, Northwestern Bell must demonstrate that the rates would allow them to recover an equitable profit. The City Manager stated only in recent years, has Northwestern Bell been subjected to this type of competition. Councilmember Kuefler stated until the late 1960's phones were viewed much as computers. In a very recent Supreme Court decision, Northwestern Bell's right to be the sole provider of L-he inside instrumentation for a phone system was questioned and the Supreme Court ruled that Northwestern Bell could not be the sole provider of inside instrumentation. Councilmember Kuefler stated he felt that if Northwestern Bell was going to compete, they would have to change their rate structure. Councilmember Kuefler stated he anticipated that Northwestern Bell would be changing their rate structure because it appears they are in the process of doing that presently. Councilmember Kuefler stated he felt it was the City's responsibility to look at the best bargain for the money spent. Councilmember Scott stated she concurred with comments made by Councilmember Kuefler. She stated she felt Northwestern Bell was not forbidden from selling equipment but rather it was their choice. In vote on the motion, the following voted in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed 4- .23 -79 -5 unanimously. It was the consensus of the Council to defer a decision on the resolution amending the 1979 Budget to provide for funds for the continuation of the use of the present phone system until the request as mentioned in the motion was fulfilled. The City Manager introduced a resolution accepting quotations for the purchase of, °' 125 dozen softballs. He recommended the quotation of Kokesh in the amount of $4,025 be accepted. RESOLUTION NO. 79 -96 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF 125 DOZEN SOFTBALLS 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. The City Manager introduced a resolution accepting bids for the purchase of Community Center carpeting. He recommended the bid of Carpet by Roberts in the amount of $10,308.90 be accepted. Councilme.mber Lhotka questioned where the carpeting would be placed.- The City Manager explained the carpeting would be placed in the game room, the Social Hall, and the area outside of the Social Hall but not on the steps. He noted it was the first Councilmember Fignar questioned what the normal longevity of a carpet such as this was. The City Manager replied the same carpeting had been placed in both the City Hall and the Community Center but that the Community Center carpet received harder wear. He explained the carpeting had been in use for approximately eight years and this exceeded the normal span of longevity for carpeting. Mayor Nyquist questioned what the cost per yard of carpeting was. The City Manager' responded the bid was received in a lump sum but he would get the exact figures for cost per yard. RESOLUTION NO. 79 -97 Member Celia Sco+- introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID FOR CARPETING FOR THE COMMUNITY 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. The City Manager introduced a resolution establishing the policy for the issuance of industrial revenue bonds or mortgages or tax increment financing. The City Manager' explained that the policy had been passed by motion at the last Council meeting. He stated it was the practice to formalize policies by resolution. He also referred the Council to some suggestions made by the Mayor in a memorandum. Mayor Nyquist stated he had concern over item #2 in the policy because he felt it encourages mediocrity rather than quality and would be potentially hurtful to the taxpayer. - His other concern was that if other municipalities issue, the City of 4 -23=79 -6- of Brooklyn Center is not shielded from increases in interest due to the fact that other municipalities are issuing industrial revenue bonds Councilmember Kuefler stated he too was concerned over the disadvantage that businesses in our community might face if other communities continue to issue industrial revenue bonds flagrantly. He stated he felt the City of Brooklyn Center should protest in some way and suggested drafting a resolution indicating our concerns to the legislature. He noted he did not feel the intent of the industrial revenue bond financing enabling legislation was being met. He noted $5,000,000, was being spent for industrial revenue bond financing this year as compared to $6C4,000. Councilmember Kuefler questioned whether industrial revenue bonds weren't originally intended to aid industry and not commercial or residential properties. The Director of Finance responded that was his understanding. He stated part of the problem has arisen because municipalities can no longer issue refunding bonds and industrial revenue bonds have been initiated in part in order to fill that void. He suggested it was still a very gray area as to whether or not industrial revenue bonds should be issued for residential property. The City Manager noted our bonding attorney has stated he believes the law is being stretched and that the law does not support many of the proposals that are being funded. Councilmember Lhotka stated he also was concerned with point #2 in the policy. Mayor Nyquist stated he was concerned that the City of Brooklyn Center does not lose businesses to other municipalities although he is not suggesting that the bonds should be issued with extreme liberality. Councilmember Lhotka said he did wish to open the door and issue the bonds in qu anLlLy palli(uldiiy uc%auo% '� �' - A- "- ''-" °� xanviIA than hP rendered meaningless. z : b:.. -_. Councilmember Kuefler said it appears legislation is on the horizon and, therefore, this may not be the time to move in the directinn of issuing industrial revenue bonds without compunction. He said he felt that the 1 --nder and the borrower win but all else seem to lose. He felt it was important to hear from the citizens as to what they think concerning the issuance of industrial revenue bonds since it will in the end affect them. He referred to proposition 13 stating that tenet holds that government take a look at what its doing. He suggested the Council should consider doing two things, first, formulate a resolution to be forwarded to the legislature stating concerns with the issuance of industrial revenue bonds and second, set up an advisory commission to study the issuance of industrial revenue bonds, similar to the Community Development Advisory Committee. Councilmember Scott stated she wished the policy to be a limiting policy. She stated two bills had been passed out of committee concerning industrial revenue bond financing and she said it would be helpful to wait to see what happens to those bills because they attempt to "deliberalize" issuance of the bonds. The City Manager stated the policy as written in the resolution was a narrow policy. Mayor Nyquist stated he felt the policy seems to cater to the low end of quality. The City Manager stated in writing item #2 he was relating it to development encouraged in the Comprehensive Guide Plan, not intending the wording to be more expansive. There was a question as to whether it would be interpreted this way. Councilmember Fignar stated much of the legislation as he understands it, currently being proposed, would prohibit industrial revenue bonds financing in the area of housing. The City Manager stated some of the legislation also restricts commercial financing although the ones through committee deal strictly with housing. 4 -23 -79 -7- Councilmember Kuefler questioned whether we have lost any businesses as of yet because of a reluctance to use industrial revenue bond financing. Mayor Nyquist responded Anderson Automatics and possibly Dale Tile. Responding to questions from the Council, the City Manager noted certain other munici- palities have few limitations other than a $300,000 minimum for total.cost of the projec There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to draw up a resolution expressing the concerns of the Brooklyn Center City Council relative to the abuse of issuance of industrial revenue bonds. In discussion of the motion, Councilmember Kuefler referred to an article in the Wall Street Journal which referenced the state of Louisiana and a quote which stated that municipalities must learn to police themselves in order to maintain fiscal economy. Councilmember Fignar stated it seems the biggest abuse is in the housing market. Mayor Nyquist stated there is no support from the Council for extending it to housing. Councilmember Fignar stated he wished to see some of the Mayor's language incorporated into the policy especially concerning redevelopment. Councilmember Scott stated she was still confused as to how it will be determined who gets industrial revenue bond financing and who does not get it. The Mayor responded the availability of land in Brooklyn Center would be a factor. Councilmember Kuefler stated he would like to see the issue studied further. He suggested appointing two citizens per Council member to a committee to further study the issue. Councilmember iignar sr-ar.ea chat w1Lu dP1JLUA.iu1aLC}.y LVV developed on the farm, all developers might be potential candidates._ Councilmember Lhotka suggested a rewriting or rephrasing of point #2 in the policy is needed. Councilmember Lhotka stated he felt it was necessary that certain criteria for demonstrating a fit with #2 was necessary in order that the City could evaluate which proposal should be funded with industrial revenue bond financing and which should not be. The City Manager suggested it might be helpful if he would attempt to rewrite a draft based on the 'comments and the discussion made at this Council meeting and based on some of the suggestions made in the Mayor's memorandum. Councilmember Kuefler stated he wished to withdraw the motion on the floor and as seconder, Councilmember Scott stated she wished to withdraw the second. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to direct the City Manager to prepare another draft of a City policy on the issuuL;ce of industrial revenue bond financing attempting to incorporate the concerns as mentioned in the discussion. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. There was a consensus to defer any action on the resolution establishing the policy for the issuance of industrial revenue bonds or mortgages or tax increment financing until after the City Manager had prepared another draft. ORDINANCES The City Manager introduced an ordinance vacating a portion of Irving Avenue North, north of 69th Avenue North. He stated the area contemplated to be vacated is the half street of Irving Avenue North adjacent to the Irving Estates Addition and the proposed Mitchlitsch Addition which is presently Lot 1, Block 1, Horbal Addition. It is intended that easements for utility-and drainage purposes as well as for the 4 -23 -7 9 -8- future sidewalk construction will be retained and the portion of the street It should also be pointed out that a portion of street right -of -way remains to be vacated adjacent to the Brookdale Towers apartments. The developer and the staff have been unable to obtain the consent of the owners of Brookdale Towers apartments for vacation of this remaining portion of Irving Avenue North. The City Manager explained the ordinance is recommended for a first reading. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to offer for first reading an ordinance vacating a portion of Irving Avenue North, north of 69th 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 3 of the City Ordinances regarding addressing of accessory buildings. The City Manager referred the Council to a memorandum prepared by the Director of Planning and Inspection which explained there could be a possible misinterpretation of the ordinance as presently written. The amended ordinance alleviates the problem of a possible misinterpretation due to wording. The City Manager explained the ordinance is presented for a first reading. There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to offer for first reading an ordinance amending Chapter 3 of the City Ordinances regarding addressing of accessory buildings. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. DISCUSSION The City Manager introduced the first discussion item which related to the status of 53rd Avenue North. The City Manager explained the Acting Director of Public Works was prepared to discuss recent events affecting the proposed reconstruction of 53rd Nnrrt,_ TbP Acting Director of Public Works first provided the Council with -C -I-- _. },. � I-, C I-A Ai»nnA TQnrth nrni ert by wav or verbal time Lim val,ri�i -vuuu — u - .+.- .�. -.».- -- -- -- -' - - - line and explanation of events to date. The Acting Director of Public Works stated it appears there is a concern on the part of Minneapolis Alderman Alice Rainville and Minneapolis staff as to Brooklyn Center's proposed design for the roadway along 53rd Avenue. The concern centers mainly on the effect that a varying roadway and areas posted for no parking might have on Minneapolis. The Acting Director of Public Works stated that the delays presented to the City of Brooklyn Center by the City of result in construction not being able to proceed this would probably Minneapolis p y r year. He informed the Council he had been in contact with the State and State people had informed him that roadway construction costs were increasing at the rate of 20% per year and on a $700,000 project, which 53rd Avenue would be in aggregate, this would amount to an increase of $140,000 in construction costs. The Acting Director of Public Works stated he had spoken with a Mr. Mary Hoshaw of Minneapolis who had indicated that Minneapolis was concerned about the no parking and that they would not be willing to approve plans for construction unless the City of Brooklyn Center was willing to make concessions with respect to no parking areas. Mr. Hoshaw stated he felt that construction could begin next year and a fall letting could be arranged such that inflation costs would be minimized. In response to Mr. Hoshaw's comments, the Acting Director of Public Works stated that unless a decision were reached by Alderman Rainville and the Minneapolis staff on the matter, the City of Brooklyn Center could not proceed with plans and, therefore, a fall letting would not be possible without plans completed and approved by the State. Mr. Hoshaw stated to the Acting Director of Public Works that the City of Minneapolis would be discussing the matter over the next two weeks and would get back to the City of Brooklyn Center, The Acting Director of Public Works stated to Mr. Hoshaw that at that point there would be no use in proceeding with the construction during this year and the City of Brooklyn Center would be forced into construction being conducted in the spring. 4 -23 -79 -9- The Acting Director of Public Works had informed the City Manager of these discussions. The City Manager noted Councilmember Lhotka had suggested he would be willing to speak with Alderman Rainville in an attempt to understand her position and concerns. The Acting Director of Public Works had contacted Councilmember Lhotka. Councilmember Lhotka indicated at this time that he had been unable to schedule a meeting with Alderman Rainville but would attempt to do so. The Acting Director of Public Works stated it was his recommendation that the City attempt to get a fall letting of the bid in.order that the inflation increases could be minimized. The City Manager stated a letter to the property owners in the area of 53rd informing them of the unforeseeable circumstances and explaining the delay of the upgrading of 53rd Avenue would be prepared and sent. The letter would explain that the work scheduled for 53rd Avenue for this year is anticipated to commence in the spring or summer of 1980, with completion of the work in 1980. In response to questions from the Council, the Acting Director of Public Works stated it does not appear to be feasible to proceed with the 53rd Avenue project this year. If the City did proceed, there would be only partial completion of the work and that would lead to additional problems. The Acting Director of Public Works again stated it was his feeling an attempt should be made to resolve the problems with Minneapolis so as to enable the City to proceed with a fall letting. He also suggested that other MSA projects could be substituted for work at this time. Mayor Nyquist asked fora clarification of the concerns of the City of Minneapolis. The Acting Director of Public Works stated Minneapolis concerns seed to be in the area of parking and a concern that Brooklyn Center residents would be parking on the Minneapolis side. The City Manager stated it was his recommendation that the City snouid attempt Lo proceed for a fall letting. He noted it takes 30 days minimum for State approval .and so it would be impossible to attempt a spring letting. Councilmember Kueflcr questioned whether or not a fall letting would infer a spring building. The Acting Director of Public Works stated it would. Councilmember Kuefler questioned whether a meeting of the Mayor's or Manager's of Minneapolis and Brooklyn Center would be appropriate. The City Manager stated that might be necessary in the future but suggested proceeding with a letter to the residents and a recommendation that additional funds for the project, due to delay, come from MSA. Councilmember Kuefler stated he was disappointed with the cooperation of the City of Minneapolis. The Acting Director of Public Works stated he would continue negotiations with the h it was an unfortunate thou even n City of Minneapolis in hopes of resolving the design g occurrence that this eleventh hour action and concern was raised by the City of Minneapolis. DISCUSSION OF THE STATUS OF TWIN LAKES The City Manager explained that the Council had received a copy of the preliminary report, "A WATER SURFACE USE STUDY OF TWIN LAKES, HENNEPIN COUNTY, MINNESOTA, MAY 12 - SEPTEMBER 24, 1978 ", as prepared by the Minnesota Department of Natural Resources, Division of Fish and Wildlife Section of Fisheries. He stated the Council had also received a copy of a resolution passed by the Conservation Commission encouraging the County to move ahead with a ban on motorized vehicles on Twin Lake. Various Council members commented that the report was not a helpful resource. 4 -23 -79 -10- RECESS The Council recessed at 9:07 p.m. and returned at 9:40 P.M. The Mayor. commented the next discussion item was a presentation by Mr. Roger Scherer as District 12 representative of the Metropolitan Council but it had been scheduled for 10:00 p.m. and various other commissions and advisory group members had been invited to attend at 10:00 p.m. Before the arrival of Mr. Scherer, the Acting Director of Public Works briefly showed the Council diagrams of two alternate lighting plans for the interstate. He briefly explained the two types of lighting proposed and stated most of the cost of the lighting would -be paid for by the State. The two types of lighting are a tower type lighting and a conventional type lighting. The tower type lighting is more expensive initially but less expensive in energy costs and maintenance costs, whereas, the conventional lighting is less expensive initially and more expensive for energy costs and maintenance costs. A brief discussion ensued as to possible problems with light diffusion from the lights. Concern was expressed by the Council about the light diffusion problem because of the proximity of certain parts of the interstate to residences. By consensus, the City Council indicated a preference for the conventional type of lighting. The Acting Director of Public Works indicated he would prepare a letter to MN /DOT noting that preference. In returning to a discussion on the status of Twin Lakes, the Mayor called the Council's attention to the resolution passed by the Conservation Commission. The Council discussed passing a similar resolution. RESOLUTION NO. 79 -98 Member Celia Scott introduced the following resolution and moved its adoption: RRvnT.TTTTnN RFOITFSTING THE HENNEPiN CUUNl'Y bu,EukD U2' CC)1 IISSIONERS• O iiiiv'vL A :� ORDINANCE ESTABLISHING WATER SURFACE USE REGULATIONS ON TWIN LAKE The motion for the adoption of the foreging resolution was duly seconded by m-tuber Bill Fi nar � and upon vote bein g taken thereon, the following voted in favor thereof: g Dean Nyquist, Tony Kuefler, Bill Fignar,'Gene Lhotka, and Celia Scott; and the following resolution was declared e me: none whereupon said voted against the same: g g � P duly passed and adopted. Councilmember Scott further stated it is her belief the banning of motorized vehicles on Twin Lake has taken too long a period of time. She noted the preliminary report is noninformative and furthermore the data is erroneous and the conclusions poor. LICENSES There was a motion by Councilmember Kuef ler and seconded by Councilmember Scott to approve the following list of licenses: Licenses to be approved by the City Council on April 23, 1979 FOOD ESTABLISHMENT LICENSE Brook Park Baptist- Church 4801 63rd Ave. No. Lutheran Church of the Triune God 5827 Humboldt Ave. No. GAMBLING LICENSE Brooklyn Center American Legion Post #6630 7107 Grimes Ave. No. i 4 -23 -79 -11- ITINERANT FOOD ESTABLISHMENT LICENSE Diane Lachinski 7541 Edgewood Ave. No. Knights of Columbus Auxiliary St. Alphonsus Flea Mkt. MECHANICAL SYSTEM'S LICENSE Rouse Mechanical 11348 K -Tel Drive MOTOR VEHICLE DEALERSHIP LICENSE - CLASS A Brookdale Ford, Inc. 2500 County Road 10 NONPERISHABLE VENDING MACHINE LICENSE Wilson Enterprises 9972 Orleans Lane The Ponds 73rd & Unity Ave. No. RENTAL DWELLING LICENSE Initial: Richard E. Moehrle 5817 Shores Drive Thomas & Bill Howe 3135 49th Ave. No. Renewal: Charlotte LoBitz & Frieda Paro 5245,47 Drew Ave. No. Nick H. Jagodzinski 3501 47th Ave. No. rnial Tnva tment Co. 3513 47th Ave. No. T, ,_,. ztin i i, +h Ave. rte Donald Wilson & Michael Boyle 3713 47th Ave. No. Lucille H. Hanggi 3725 47th Ave. No. SIGN HANGER'S LICENSE Signcrafters Outdoor'Display, Inc. 7775 Main St. N.E. SWIMMING POOL LICENSE Bergstrom Realty 3401 85th Ave. No. Hi Crest Apts. 1300 67th Ave. No. Spa Petite 5615 Xerxes Ave. No. Village Properties P. 0. Box 991 Evergreen Park Manor 7200 Camden Ave. No. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. GAMBLING LICENSE BOND WAIVER The City Manager noted State law requires the gambling manager to give a fidelity bond of $10,000 in favor of the organization to insure that he /she will faithfully conduct the duties of the office. The City Council can waive the requirement for the bond by unanimous vote at the time the license is granted. The bond waiver can only be elimina if the Council votes unanimously to eliminate the $10,000 bond requirement. If the Council so votes, the bond waiver is stipulated on the license itself. Included in the license list for a license for amblin is the Brooklyn Center American Legion g g Y g Post #630. The Brooklyn Center American Legion Post has requested a bond waiver. A motion to waive the bond and the unanimous vote of the Council is needed to accomplish the waiver. 4 -23 -79 -12- There was a motion by Councilmember Fignar and seconded by Councilmember Scott to waive the bond requirement for the gambling license for Brooklyn Center American Legion Post 4630. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against none. The motion passed unanimously. The Mayor next introduced Mr. Roger Scherer, the District 12 representative to the Metropolitan Council. Mr. Scherer explained when he had applied for the position with the Metropolitan Council, he met with the Governor. At that time the Governor commented there were 24 communities within District 12 and it was his expectation that whoever was appointed as District 12 representative, that person would go out to those communities and establish a rapport. Mr. Scherer stated he would be willing to do that was appointed as District 12 representative to the Metropolitan Council. Mr. Scherer explained he felt there was a need for communication between the Metro- politan Council and the communities which are included in the metropolitan area. He stated he felt a cooperative relationship was necessary. Mr. Scherer further stated he saw his job as representing local government. By way of background, Mr. Scherer noted the Metropolitan Council had been formed in 1967 and given specific authority whereby the Metropolitan Council would take certain things out of the legislative process and deal with them as a Council. Mr. Scherer explained he wished the Council and other commission members or advisory body members to share with him any concerns or questions they might have. The City Manager stated the Council had expressed concern over the upgrading of T.H. 169. The City Manager stated consultants were currently involved in completing the environmental impact statement. The consulting firm BRW will present the plans as developed thus far at an April 30 Special Council Study Meeting. The City Manager noted the staff has been pied5cu wiLii i:iic Mr. Scherer commenteed he too was concerned with the project and also concerned that the project would be delayed until it falls far -nough in the priority listing for State funds that it will not occur at all. Mr. Scherer further stated he has attended a Brooklyn Park Council meeting and the Brooklyn Park Council has indicated they wish the crosstown to be put in even if it is only a two lane roadway. Brooklyn Park is concerned that an over design of the crosstown may prevent its inception entirely. Mr. Scherer also noted the Osseo bypass is going ahead as a two lane bypass. Mr: Scherer urged the Council to keep abreast of the progress of plans for T.H. 169 and not allow the project to be delayed to the point of not occurring at all. Mr. Scherer further noted if the project goes beyond 1986 the money will no longer be available. Councilmember Kuefler asked whether or not the Met Council had the priority setting authority for projects within the metro area. Mr. Scherer answered that was true and the northern area has the first priority ranking. Mr. Scherer stated he would do his best to retain that first priority ranking. Mr. Scherer stated the Metropolitan Council members have often commended Brooklyn Center for its high level of cooperation particularly in the area of the large family Section 8 housing. Mr. Scherer explained the Metropolitan Council was currently proposing a quota type of Section 8 plan. Mr. Scherer explained he was not necessarily in favor of a quota type of plan but saw it as possibly a necessity for dealing with housing needs all over the metropolitan area. Mr. Scherer noted in speaking with many communities, it is his conclusion, that many communities favor the quota type situation because it does spread housing all over the metropolitan 4 -23 -79 -13- area. Councilmember Fignar explained he had heard Nancy Reeves of the Metropolitan Council express opinions on this subject. Councilmember Fignar stated he thought that a quota type system might be a workable system because it spreads the effort amongst many communities. Councilmember Kuefler explained it appears there are two proposals pending at this time which would give Brooklyn Center possibly more Section 8 housing. One of the proposals is for an area within the Osseo School District and one of the proposals is for an area within the Brooklyn Center School District. Councilmember . Fignar suggested the Metropolitan Council might wish to approve the housing within Brooklyn Center School District because of the declining school population within the Brooklyn Center School District. Councilmember Fignar stated he was concerned that the Brooklyn Center School District population might decline to such a point that the school district would have to be disbanded. The Section 8 housing because it would attract families would be helpful to the Brooklyn Center School District. Council- member Fignar asked Mr. Scherer to suggest to the Metropolitan Council that consideration for placing the housing within the Brooklyn Center School District should be given.. Councilmember Fignar made these suggestions because he stated he had doubts that both projects would be built. Mr. Scherer stated he would offer those comments to the Metropolitan Council but also noted that certain other criteria such as availability of certain amenities were taken into consideration also. Councilmember Fignar stated it was imvirtant that housing be responsive to different ages and different income levels and it may take a quota type of system in order to ` facilitate the accomplishment of that sort of flexible housing. He stated he felt t 04.- ..V T, ---I' 1..— ro„t car knQ n"Prr; aarl loarIarGhin butt it may take the Quota push 1IL UL - Qer t_U e11C:VLLtd�,'C vi.i1C15 Lv alav caCi�..i.oc .�.:uu..:�.,.•�1. •• .. •�- -••- -• - - -- The City Manager stated one of his concerns was that the Metropolitan Council involves community councils, commissions and staffs in the development,of such plans in order that the basic "premise "of such a plan could be tested before it was developed to such a point that it would be difficult to go back to point zero. The City Manager stressed the importance of communication and involvement prior to the development of plans beyond a point of no return. Mr. Scherer concurred with the City Manager's comments. The City Manager noted this concern was expressed particularly in relationship to the Comprehensive Plan process. He stressed the importance of getting some input from city staffs before the review of the plans takes place. Mr. Scherer concurred that that review process was going to be difficult. He noted the example of Champlin where there are so many unknowns that until certain variables are known, Champlin is unable to proceed with the Comprehensive Plan. Mr. Scherer also stated it was his concern that the Metropolitan Council avoid imposing possible burdens upon communities.- Councilmember Kuefler stated he felt the Metropolitan Council's willingness to be a provider of HRA services as opposed to leaving that function entirely to the munici- palities has been extremely helpful to the City of Brooklyn Center. Councilmember Kuefler stated he was in favor of allowing the Metropolitan Council to continue HRA services and encouraged Mr. Scherer to share that information with the Metropolitan Council. Mr. Scherer stated he would bring that information to the Metropolitan Council but also stated Chairman Weaver was concerned about assuming the position of the landlord. Mr. Scherer stated he was appreciative of the opportunity offered to him to appear before the Council and explain his function as the District 12 representative to the Metropolitan Council and hear the concerns of the City Council of the City of Brooklyn Center. 4 -23 -79 -14- Mayor Nyquist recognized Dolores Hastings from the audience who - wished to comment. . Mrs. Hastings stated she was concerned with public bus transportation. She stated she felt it would be helpful if more people would take the bus because it would help in solving the energy situation. She expressed concern over buses in the northern area being cancelled or scheduled buses not actually running. Mr. Scherer suggested the Transit Commission representative for this area was Ruth Franklin and she might be able to answer some of those questions. The Mayor noted that he had neglected to bring up one other item under the industrial revenue bond financing discussion. The City of Spring Lake Park was in the process of issuing industrial revenue bonds for an addition to certain Group Health buildings, one of which is located in Brooklyn Center. Spring Lake Park stated, as a professional courtesy, they would not issue the bonds if the City of Brooklyn Center disapproved. Councilmember Kuefler stated the City of Brooklyn Center has no jurisdiction over actions taken by the City of Spring Lake Park, although Councilmember Kuefler felt it was important to remain consistent in philosophy. Councilmember Scott stated she did not necessarily have a problem with the addition being financed along with other additions through industrial revenue bonds issued by Spring Lake Park and did appreciate the courtesy they extended to the City of Brooklyn Center. Councilmember Lhotka stated he was concerned because it did appear to be a back door approach. Councilmember Kuefler stated he felt the City should share their draft policy with the City of Spring Lake Park. Councilmember Lhotka questioned how this proposal would fit into our discussed ,,..4a - 14„po rip i QqiiqTi,rP of ;ndust_r-ial revenue bonds. Councilmember Lhotka n_!,_ --C _ „1- I -._-. /•„ „�-ev .. 1 ,1 -i cnno -;1111 Ci a1 YPV PT111P glle`.iL1ULLCU WUt_ vi iivt ILL- vi a..y -- �-� -- Ccn �• - - - -- - -- bonds to Group Health if requested. - Councilmember Kuefler stated this type of situation demonstrates how far awry industrial revenue bond issuance actually is. Mayor Nyquist explained he would share this discussion with the City of Spring Lake Park. ADJOURNMENT Motion by Councilmember Fignar and seconded by Councilmember Lhotka to adjourn the City Council meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion gassed unanimously. The Brooklyn Center City Council adjourned at 10:40 p.m. a Clerk M r � 4 -23 -79 -15-