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HomeMy WebLinkAbout1979 08-27 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 AUGUST 27, 1979 i CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:04 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Tony Kuefler, Bill Fignar, and Celia Scott. Also present was City Manager Gerald Splinter, City Attorney Richard Schieffer, Director of Planning and Inspection Ron warren, Director of Public Works Sy Knapp, Park and Recreation Director Gene Hagel, Superintendent of Engineering James Noska, and Administrative Assistants Brad Hoffman and Tom Bublitz. Mayor Nyquist noted that Councilmember Gene Lhotka was out of town on business and was excused. INVOCATION The invocation was offered by Reverend Cilke of the Brookdale Christian Center. APPROVAL OF MINUTES - AUGUST 13, 1979 There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve the minutes of the City Council of the August 13, 1979 meeting as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. OPEN FORUM Mayor Nyquist recognized Sharon McDonald, 3207 65th Avenue North, who wished to speak about the shelter building at the Brooklane Park. Ms. McDonald stated that she was a resident of the Garden City area and that she was present at the Open Forum to request the construction of a shelter building to be used as a warming house at the Brooklane Park. She noted that Brooklane Park was one of three parks in the City that witnessed an increase in the use of the skating rink. She added that discussions had been held with the School District and that the school cannot .be used as a warming house. She also indicated that the present shelter building which has been condemned was used for football programs in the fall and by the tiny tot program in the summer. She stated that the group had addressed the Park and Recreation Commission which supported the construction of a temporary building. However, she questioned whether or not the building could be temporarily saved. Ms. McDonald also expressed her concern with the length of the grass on the center island along Xerxes Avenue north of 58th. She stated the grass was extremely long and was very unattractive. The City Manager addressed himself to the concern for the length of grass along Xerxes Avenue North. He noted most of the lawn cutting was performed by summer help. He stated that at this time of year the City loses its summer help when most of them return to school. He added that the weather for the past few weeks has also contributed to the length of the grass. He stated because of an inordinate amount of rain, City crews have been unable to keep up with the grass cutting. He then addressed himself to the shelter building. He noted that because of the " geodesic design of the building, it does not lend itself to repair because each 8 -27 -79 -1- part supports the rest of the structure. He added that the City has been checking g into the possibility of installing a temporary building. The Park and Recreation Director noted that he had been checking on the cost of temporary buildings and they range from $5,000 to $7,000 plus an additional $5,000 for installation. He also indicated that he contacted the Highway Department to see if it would be feasible to acquire one of the homes or buildings that would be moved ved in conjunc- tion with the development of Highway 94. He stated that he had also been in contact with the Satellite Company which furnishes temporary shelter buildings but they have a finished floor and the would not let them. be used Y u d for warming houses. Councilmember Kuefler inquired if a permanent building was not contemplated at the Brooklane Park under the Park Development Plan. The Park and Recreation Director confirmed that a permanent building was proposed under the plan. Councilmember Kuefler then inquired as to the cost estimate for a new building. The Park and Recreation Director indicated that the estimated cost would be $25,000 for a 25' x 25' shelter building. Councilmember Kuefler then suggested as long as the building has been there and it is proposed, that the City look at it as a maintenance item for the 1980 Budget. He then inquired as to how soon the building could be replaced. The City Manager replied it would take a crash program to provide a shelter building this fall. He indicated he did not feel it would be feasible for this fall but that he would review the possibilities and report back to the City Council at the - September 10 meeting. Councilmember Fignar inquired if the present building has been torn down yet. The City Manager replied it had not been torn down but the building is in such poor shape that it would not be worth the risk of injury to try to rehab the present building. Councilmember Kuefler indicated that he would like to see the building replaced this fall even if it costs some extra money. He indicated he felt there is neighborhood support for the building and that perhaps the City should contemplate providing a permanent building as opposed to a temporary building given the cost of the two. The City Manager replied that the feasibility of providing the building this fall would be somewhat dependent upon our ability to use the existing utilities and slab for the building. Councilmember Kuefler reiterated that the•City should be looking at a permanent structure for the park. . Councilmember Fignar concurred with the thought that we should have a permanent structure. PERFORMANCE BOND RELEASES /REDUCTIONS The City Manager referred the Council to a memorandum on performance bonds recom- mended for release or reduction from the Office of Planning and Inspection. He stated the following performance guarantees were recommended for reduction; First Brookdale Bank, 5920 Brooklyn Boulevard; Northbrook Shopping Center, 5800 Morgan Avenue North; and Creek Villa, Brooklyn Boulevard and Wingard Lane. He also indicated that the following were proposed bond releases: Poppin Fresh, 5601 Xerxes Avenue North; Harstad -To dd Construction 413 66th Avenue North; o h, and Federal Lumber, 4810 N. Lilac Drive. He then asked the Director of Planning and Inspection to review the Creek Villa bond reduction. The Director of Planning and Inspection noted three of the required six inch trees at the site have been removed and not replaced. He also 8 -27 -79 -2- noted that thirteen trees with six inch diameter that were required, were either dead or had been removed without being replaced. However, he noted that the number of additional trees and shrubs not required under the plan had been installed. He also indicated that there were six pine trees and several lilac bushes missing along the south property line which were required as screening from car lights to the residents to the south. He noted that staff was recom- mending that the $9,000 escrow agreement be released and that the City hold $5,000 deposit to assure performance for the remaining development at the Creek Villa site. The discussion then ensued relative to the shrubbery required under the plan. Councilmember Fignar inquired how long the trees had lived after they had been planted. The Building Official stated that the trees had died within the last two years, however, he noted the trees had been planted in the early 70's. Following a brief discussion, Councilmember Scott indicated she could not see how the City could hold a developer responsible for the trees but that she agreed that the City should hold $5,000 until the project has been completed. Councilmember Kuefler inquired as to how long a tree must live under the City policy. The Director of Planning and Inspection indicated the City holds bonds on shrubbery for one year after inspection when they have been planted. The Building Official indicated that the trees required for screening on the south border had doubled in height but only five of the ten survived. He also stated that he felt Mr. Dietrich would be willing to replace the pine trees because they did not incur the same kind of cost that the six inch trees did. Councilmember Scott indicated her concern for the replacement of the trees along the south border. I There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to approve the performance bond releases and reductions as recommended in the _memorandum from the Office of Planning and Inspection in the amounts listed. Voting in favor: Mayor Nyquist, Councilmember_s Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. RESOLUT NO. 7 9-188 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED ASSESSMENTS ON SEPTEMBER 24, 1979 The motion for the adoption of foregoing resolution was duly seconded by member Bill Fignar, and upon vote being -Laken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler_, Bill Fignar, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.. RESOLUTION NO. 79 -189 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION PLACING ON FILE AND OPENING PROPOSED ASSESSMENTS FOR PUBLIC INSPECTION 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, and Celia Scott; and 8 -27 -79 -3- the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 79 -190 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1979 -C 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, and Celia Scott; and the following voted against the same :. none, whereupon said resolution was declared duly passed and adopted. RESOLUTI NO. 79 -191 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1978 -T 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, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 79 -192 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR STREET SURFACING IMPROVEMENT NO. 1978 -27E, STREET IMPROVEMENT PROJECT NO. 1979 -8, AND SIDEWALK IMPROVEMENT PROJECT NO. 1978 -9, AND DIRECTING ADVERTISEMENT FOR BIDS (BITUMINOUS PAVING CONTRACT 1979 -G) 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, Kuefler, Bill Fignar, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 79 -193 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING TRAFFIC SIGNAL IMPROVEMENT PROJECT NO. 1979 -10 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 79 -194 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL FOR DESIGN OF TRAFFIC CONTROL SIGNAL SYSTEM AT THE INTERSECTION OF HUMBOLDT AVENUE AND FREEWAY BOULEVARD /65TH AVENUE 8- 27 -79. -4- 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, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced the next resolution noting that it was granting consent to the conveyance of a mortgage deed from Independence Ten to Canada Life Assurance. The Director of.Public Works described a problem with the legal description in the resolution. He noted that the resolution would have to be corrected to reflect the correct piece of land. He added that the land reflected by the resolution was a 12 foot strip of land located in Brooklyn Park. Following a brief discussion, the City Attorney recommended that the City defer the resolution until the legal descriptions could be clarified. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to defer the resolution until problems with the legal descriptions were corrected. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed RESOLUTION NO. 79 -195 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION AMENDING RESOLUTION NO. 78 -87 RELATING TO DEFERMENT OF SPECIAL ASSESSMENTS 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, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 79 -196 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR WAGE AND SALARY ADJUSTMENT FOR THE CHIEF OF POLICE 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, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 79 -197 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING A PUBLIC HEARING DATE FOR INDUSTRIAL REVENUE BOND PROPOSALS FROM MEDTRONICS, INC. AND DALE TILE, INC. AND AFFIRtIING ADMINISTRATIVE ACTION 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, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 79 -198 Member Celia Scott introduced the following resolution and moved its adoption: 8 -27 -79 -5- RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A JOINT POWERS AGREEMENT WITH THE HENNEPIN URBAN COUNTY 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, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PLANNING COMMISSION ITEMS The City Manager introduced Application No. 79048 submitted by Robert Adelman. He noted that the applicant was seeking an extension of a site and building plan and a special use permit approval for the addition of two car wash bays to an existing car wash and service station. Application No. 79048 was recommended for approval at the August 16, 1979 Planning Commission meeting. The Director of Planning and Inspection then reviewed the application submitted by Robert Adelman to extend the car wash at 6501 Humboldt Avenue North. He noted that approval of the special use permit had been granted for an addition of two car wash bays to the existing car wash and service station on July 24, 1978. He also explained that car washes are special uses in a C -2 zone and that under the Zoning Ordinance, special uses which do not commence construction within one year of the day of Council approval, must apply for an extension. The Director of Planning and Inspection pointed out the applicant had submitted a letter requesting the extension, citing financial reasons for the delay. The applicant stated in his letter that he now had a firm arrangement for constructing additional bays and should begin soon. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 79048. There was no one to speak on the application. There was a motion by Councilmember Fignar and seconded by Councilmember Scott to close the public hearing. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to approve Planning Commission Application No. 79048 submitted by Robert Adelman subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. The permit is issued to the applicant as operator of the facility and is nontransferable. 3. Approval of the extension of a special use permit is subject to all the conditions contained in the approval of Application No. 78044. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. Mayor Nyquist introduced the next agenda item by noting that Councilmember Lhotka has requested that the Council defer action on the item until the following Council meeting so that he could be present. 8 -27 -79 -6- The City Manager noted that Planning Commission Application No. 79049 submitted by Darrell Farr Development Corporation sought preliminary plat approval for the creation of 122 lots and one common area associated with the conversion of the Beach Apartments to condominiums. It was noted that Application No. 79049 was recommended for approval at the August 16, 1979 Planning Commission meeting. The Director of Planning and Inspection noted that Darrell Farr Corporation was seeking a preliminary plat approval to convert the Twin Lake Beach Apartments to condominiums. He pointed out that the complex is located on the southwest corner of Brooklyn Center and is bounded by Robbinsdale on the south, Twin Lake Beach on the west, single family residential neighborhood on the north and Highway 100 to the east. The complex contains 122 units and has no outstanding .compliance orders against it for violation of the City Housing Maintenance Ordinance. The units range in size from 730 square feet to 1,330 square feet. The Director of Planning and Inspection explained that the creation of the condominiums is to be effected in accordance with Chapter 535 of the Minnesota Statutes, the Condominiums Act. The Condominium Law provides for the creation of real property by any means of a "declaration" which, along with "any amendment or amendments thereto, shall be submitted to the Platting Authority of the governing municipality for review ". The Director of Planning and Inspection explained that the contents of the declaration are to include a number of items in accordance with Minnesota Statutes 515.11, including the description of the land on which the building and improvements are located, a description of the building and its several apartments, the description of the common areas and facilities, and various other disclosure information required by the Act. The Director of Planning and Inspection stated that the opinion of the City Attorney regarding the provisions of Minnesota Statutes 515 is that it authorizes and regulates creation and description of real property. As such, it falls under the City's established planning procedure. The Director of Planning and Inspec- tion explained that the applicant considers the conversion process to be a change in a method of ownership rather than the description of the property but has _agreed to follow the City's platting process. A memorandum from the applicant's attorney to the City argues that the condominium law speaks of review of declara- tion by the local platting authority but not approval. The Director of Planning and Inspection then reviewed the plat. The preliminary plat contained 122 lots and one common area. It consisted of seven buildings plans for the original construction of the Beach Apartment complex and a survey of the land presently known as Lot 1, Block 1, Twin Lake Beach Addition. The Director of Planning and Inspection added that the final plat will consist of an as built survey of the existing land and buildings as certified by a registered architect and licensed professional engineer or registered land surveyor. He also noted that the applicant had filed with the City a "declaration establishing a plan for apartment ownership" in accordance with the provisions of the Minnesota Statutes 515.11. In addition, he stated that the applicant had agreed to file with the City and to disclose to,all apartment owners or interested buyers a statement by a registered architect as to the structural condition of the building in each unit. Mayor Nyquist then opened the meeting for a public hearing. Councilmember Kuefler inquired as to the lease agreements with present tenants. He noted that there is an indication that Darrell Farr Corporation would honor existing leases and grant a one year extension for residents 55 years of age or older. He inquired if that had been stated in writing and whether or not the City could require it. The Director of Planning and Inspection indicated he had seen no submission relative to honoring current leases that had been placed in writing. The City 8 -27 -79 -7- Attorney indicated that the City would not be able to regulate contracts between individuals. Councilmember Kuefler inquired as to the meaning of the 60 day notice. Mr. Cunningham, representing Darrell Farr Corporation, explained that under the conversion procedure that had been set up, tenants would be given a 60 day notice following the termination of their lease in which they would be required to move. Councilmember Fignar inquired of Mr. Cunningham how the conversions take place. He inquired if any improvements were incurred. Mr. Cunningham responded that the buildings were painted and the hallways were painted and carpeted, new carpeting was added to the apartment complexes, that they were completely refurbished and new appliances were added. Mayor Nyquist indicated his concern with the Association fee. He wanted to know if raises would be limited by a given percentage. Mr. Cunningham replied that he doubted the Association would be limited to a certain given percentage each year because the building was heated by central heating facilities and he did not think it would be feasible to ask the Association to vote on heating cost increases. He added that the cost of the Association ranged from $67 to $100 per month. Mayor Nyquist then asked who managed the complex. Mr. Cunningham replied that the Darrell Farr Corporation was also the manager. Mayor Nyquist inquired if that was disclosed to potential buyers. Mr. Cunningham replied that it was. Mayor Nyquist then inquired as to where the disclosure took place. Mr. Cunningham was unable to answer that question. Councilmember Kuefler inquired if fire walls were treated any differently than that of an apartment. The Building Official replied that fire wall requirements are the same in the Building Code as they are for apartment complexes. Councilmember Fignar stated that he felt the Council should honor Councilmember Lhotk.a's request to table the matter by continuing the public hearing to the September 10 Council meeting. Following a brief discussion,.there was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to table the public hearing until the September 10, 1979 City Council meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. The City Manager suggested that the City take the opportunity to contact other cities that have had more extensive experience with condo conversions and to see problems and recommendations they had. Councilmember Kuefler expressed his concern of loss of rental units. He indicated that he felt that we need to have some control over the conversion process. It was the consensus of the Council to have the staff review the process and report back to the Council. The Director of Planning and Inspection indicated that the question of condo conversion also should deal with building conditions and whether or not the City desired to maintain rental stock as a viable housing option. Councilmember Kuefler indicated that he felt the City needed to find a way to retain rental units and that should be included in the study. The City Manager indicated that he would provide a preliminary set of questions for the Council's review prior to commencing the study. The City Manager then introduced Application No. 79050 submitted by Sheehy Architects for Farmers and Mechanics Bank. He stated that the applicant' 8 -27 -79 -8- sought site and building plan approval for a walk -in and drive -up bank facility at the corner of Xerxes Avenue North and Northway Drive. He also added that the application was recommended for approval at the August 16 Planning Commission meeting. The Director of Planning and Inspection then reviewed the application noting that the plan called for a 5,885 square foot walk -in and drive -up bank facility at the corner of Xerxes and Northway Drive. He pointed out that the site is bounded on the north by single family residential neighborhood and on the west by a vacant C -la zoned property and on the south by Northway Drive of the Super Valu store and on the east by Xerxes Avenue. He noted that the land in question is zoned for C -la and that financial institutions are permitted uses in that zone. The Director of Planning and Inspection stated that access to the bank is pro - vided by a curb cut (with no accompanying median cuts) off Xerxes Avenue North at the northeast corner of the site by two curb cuts along Northway Drive. An exit only cut onto Northway Drive is proposed for the drive -up teller facility on the west side of the building. He noted that all curb cuts are 30 feet wide with the exception of a cut from the southwest corner of the site on Northway Drive. He stated that the plan indicates 71 parking stalls on the east portion of the site and an additional 30 stalls for employees and overflow parking on the west portion of the site.. He also added that this far exceeds the ordinance requirement of one stall per 200 square feet or 29 stalls. He noted that the driving lanes are 24 feet throughout with a 16.foot one -way lane leaving from the west parking lot. Setbacks are 35 feet from the public right -of -way and 15 feet from residential neighborhoods to the north. The parking lot setback along the west property line is 10 feet. He pointed out on a transparency that the drive -up teller facility will have six lanes under a 28 foot wide canopy with a seventh teller lane possible for higher vehicles and an optional drive by lane. He also noted that two handicapped stalls are proposed at the entrance of the bank with an open ramp stall between them. The Director of Planning and Inspection pointed out the appropriate berming along Xerxes and Northway Drive has been contemplated into two screened parking areas. -A six foot high cedar privacy fence will be erected along roughly the entire length of the north property line in accordance with ordinance requirements. He also indicated that the planning for the site included two and one -half inch Russian Olives along the north greenstrip vd.th numerous junipers indicated along the north edge of the site and along the building. Councilmember Kuefler indicated his concern about the entrance off Xerxes Avenue. lie noted turning off Northway Drive and going north on Xerxes required more than a 90 degree turn. The Director of Public Works concurred that it could be a significant problem and it needed further examination. Councilmeber Scott inquired as to the Xerxes Avenue entrance when approached from the south whether or not a vehicle could cross Xerxes. The Director. of Public Works indicated that there is no median cut there to allow that. David Shaw, architect for Farmers and Mechanics, indicated that he agreed with the problems being expressed and that the exit to Xerxes should be eliminated (entrance only). There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to approve Application No. 79050 contingent upon the eleven conditions set forth by the Planning Commission and that item number 9 take place prior_ to the issuance of the building permits and that a twelfth condition be set requiring that no right turn out of the Xerxes Avenue entrance be allowed. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. 8- -27 -79 -9- The City Manager_ introduced Application No. 79051 submitted by the Brooklyn Center Industrial Park. The applicant is requesting the subdivision for two tracts, A and B, of RLS 1325. The site is located on the south side of John Martin Drive, west of the Perkins Restaurant. He also stated that the applica- tion was recommended for approval at the August 16, 1979 Planning Commission meeting. The Director of Planning and Inspection reviewed the request for the subdivision of Tract N, RLS 1325 into Tracts A and B of a new RLS. He pointed out that the land in question is located southerly of John Martin Drive, west of Perkins Res - taurant and north of the new American Family Insurance building. The proposed RLS would create Tract A which would be 69,453 square feet and Tract B would be 59,049 square feet. He stated that Tract B is the site of the Berger Brothers Sporting Goods Store recently approved by the City Council and Tract A is proposed for use by the St. Louis Park Medical Clinic. He stated that a common access agreement is proposed to serve both developments. He also indicated that a 15 foot utility and drainage easement exists along the southeast side of Tract B to service 'the AFIA property to the south. Mayor Nyquist opened the meeting for the purpose of a public hearing. There was no one to speak on the application. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to close the public hearing. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to approve Planning Commission Application No. 79051 subject to the four conditions recommended by the Planning Commission. Voting in favor: Mayor Nyquist, Council - members Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 9 :12 p.m. and reconvened at 9:32 p.m. O RDINANCES The City introduced an ordinance amending Chapter 34 regarding free standing signs for R -3 through R -7 districts. He noted the Planning Commission had discussed this ordinance at the July 26, 1979 meeting and that they had recommended the ordi- nance language at the August 16 Planning Commission meeting. 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 amending Chapter 34 regarding free standing signs in R -3 through R -7 districts. Voting in favor: Mayor Nyquist, Council- . members Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. The City Manager introduced an ordinance to phase out Howe Chemical, Inc. The City Manager explained that while the Howes are very much interested in the ordi nance, they had a conflict in meetings and were required to be present at a meeting in Maple Grove. He noted that the ordinance is offered as a first reading and at the second reading he would be submitting the recommended wording for an explosive permit for Howe Fertilizer in conjunction with the ordinance. He indicated this would allow the Council to consider the two related actions and allow for final approval of both at one meeting. 8 -27 -79 -10- Councilmember Kuefler inquired as to the necessity for the verbiage in the ordinance. The City Attorney replied that he felt that it would be necessary that the City outline the reasons for the actions being taken with the passage of the ordinance. He felt it would be clearer to understand the Council's action if and when he would be required to defend the Council's actions in court. He also added that the underlined part of Section 2 of the ordinance would be the only part that would appear in the City Ordinances. However, he noted that the entire ordinance including section 1 findings and section 2 the code amendments would be published. Councilmember Fignar inquired as to when the 25 years would start. The City Attorney indicated the 25 years started in 1957 and that Howe Fertilizer, Inc. under the ordinance, would have to discontinue all nonconforming uses by November 5, 1982. Mayor Nyquist recognized Mr. Leo Hanson, 4903 Brooklyn Boulevard. Mr. Hanson inquired if Howe Fertilizer would be allowed to store the chemicals there. The City Attorney replied that the City was currently writing another ordinance that deals with the storage of chemicals. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to offer for first reading an ordinance to phase out Howe Fertilizer Chemical, Inc. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL FOR THE STRUCTURE OF A COMMUNITY ACTION AGENCY FOR SUBURBAN AND RURAL HENNEPIN COUNTY Mayor Nyquist introduced Dr. Orn who serves on the Board of the Northwest Hennepin Human Services Council. Dr. Orn in turn introduced a Brooklyn Park representative, Donald McGuire, who is a member of the commission's task force for developing a Community Action Agency. Mr. McGuire stated it is their desire that the Council pass the resolution supporting federal funding to assist the poor in suburban and rural Hennepin County. He noted that there is a need for the program given a lack of needed knowledge about services available to the poor amongst themselves and because of gaps in services throughout the County. He noted that Hennepin County has asked the three Human Service Councils to develop a structural model for the CAA. He stated that it was the responsibility of the CAA to assist in coordinating services for the poor and that only 100 of the monies can be used for administrative purposes. He also indicated that the CAA would serve as a liaison amontst the three Hennepin Human Services Councils and would be directly responsible by the Hennepin County Board. He noted that the CAA Board would be made up of one -third public officials, one -third from the private sector and one- third of the representatives would be poor. He stated that the County Board would designate the CAA with authority over programs for the poor. They in turn would contract responsibility for outreach planning and community organization. He added that the CAA would be private and nonprofit Board designated by the Hennepin County to serve the poor and near poor throughout the County. He noted that the Community Action Agency would have authority over all CSA funding and CSA funded programs for the poor and near poor. He stated that the CAA would contract almost exclusively for all programs and program activities with the most appropriate agencies in the communities. Following Mr. McGuire's presentation, Councilmember Kuefler stated he was not sure of the relationship between the Hennepin County Services Council and the CAA. He stated that it was his feeling from the presentation that the CAA would report to the Hennepin County Board but would just work with Hennepin Human Services Council who would contract with CAA to perform services. He added that he did not feel that $200,000 of CSA funding to which Mr. McGuire eluded would be 8 -27 -79 -Z1- adequate to do the research and provide the services being proposed for the project. Mr. McGuire replied that essentially his perception of the relationship between the Councils and the CSA and the County Board was correct and that the $200,000 funding will serve as a minimum and that indeed it would not be sufficient to do everything that they would like to do. Following a brief discusssion, Councilmember Kuefler indicated that he would like - to see an agency that knew when and were services could be provided for the poor. He indicated his dismay with referral agencies that continue to refer individuals from one agency to another without the pro- vision of any real services. He indicated that he has had several experiences with that and is not ready to support another referral agency. Mr. McGuire indicated that that would be controlled in the bylaws. Councilmember Fignar inquired if the Council would have a chance to review the bylaws Mr. McGuire said he would see that the Council did have an opportunity to see the bylaws. Following a lengthy discussion, Councilmember Kuefler stated he could not in'good conscience support the resolution in question when he has no information demon- strating a need for another agency. He indicated he would like to see some data that would indicate,the numbers of poor not receiving services in Brooklyn Center and elsewhere in the Hennepin County area. There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to table the resolution until additional information is received. Voting in favor :. Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. JOINT AND COOPERATIVE AGREEMENT FOR NORTHWEST SUBURBAN CABLE COMMUNICATIONS COMMISSION The City Manager introduced the next item by noting.that the joint cooperation agreement had been reviewed by the law offices of LeFevere, Lefler, Pearson, O'Brien and Drawz. He stated that a joint powers agreement would allow the partici- pating municipalities to jointly give their franchises to a common vendor. Following a brief discussion, Councilmember Kuefler inquired if the experiences of other communities was involved in drafting a joint powers agreement. The City Manager replied that other joint powers agreements had been looked at along with the experiences with other communities with cable television. Councilmember Kuefler noted that the joint powers agreement deals strictly with membership. He inquired if bylaws would follow. The City Manager stated that once the memberships had been established for a joint cooperation agreement, bylaws would be established. Councilmember Fignar noted that Administrative Assistant Mary Harty had been the. City's representative on the task force. He inquired as to who would be replacing her. The City Manager indicated that Tom Bublitz, the new Administrative Assistant, would be replacing Mary Harty. Following a brief discussion, Councilmember Kuefler moved to approve the concept of the draft joint.cooperation agreement. The motion was seconded by Councilmember Scott. Voting in favor: Mayor Nyquist, Council- members Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. DETACHED WORKERS PROGRAM Mayor Nyquist introduced the next agenda item by recognizing Frankie Francel from the Northwest Y. Ms. Francel requested that the City Council place the detached worker program in the 1980 Budget and stated that she was there to answer any questions of the Council. The City Manager noted that the Detached Worker Program is currently funded through the CETA program but that funding will end September 8 -27 -79 -12- 30, 1979. Mayor Nyquist noted Councilmember Lhotka's interest in continuing the program. Ms. Francel briefly described the services provided by the detached workers and noted that funding sources are extremely limited. Councilmember Fignar inquired if they had contacted the school district relative to financing. Ms. Francel replied that they had but they had already passed their 1980 Budget and that schools tend to fund only "in school programs" on it to avoid programs II that provide services outside the school. Councilmember Fignar inquired as to the approximate number of kids that are served that are in school. Jan Daniels, one of Brooklyn Center's two detached workers, indicated that approximately 900 of their work is with the school kids. Following a brief discussion, Councilmember Kuefler inquired as to the funding and how much money they were seeking. Ms. Francel replied that they were looking for funding for 1980 and that they were requesting $13,000 to $15,000 per worker. Mayor Nyquist inquired as to the funding for the period of September, 1979 through December, 1979. Ms. Francel replied that people at the Northwest Y have promised to help them raise private funds if funding was provided by the City to carry on the program. Councilmember Kuefler stated he had very positive feelings about the program and that he had had very supportive feedback about the work of the two detached workers. He replied that he would like to see the program considered in the Budget. Councilmember Fignar inquired if revenue sharing could be used to fund the de- tached worker program. The City Manager replied it had been the City's policy not to fund ongoing programs but rather to use the money to acquire for capital expenditures. He stated that using revenue sharing money to fund an ongoing program would place the City in a vulnerable position should the funding be terminated. He encouraged the Council not to deviate from that policy and stated that the Council would have the Budget before them within ten to twelve days. Councilmember Scott indicated that she felt that the detached worker program was a service that the City of Brooklyn Center could not be without. Councilmember Fignar stated that if there was a way to keep it he would like to see it done. Mayor Nyquist noted that he feels there is a need for the program and that the City would explore the possibility of funding the program. Councilmember Kuefler asked Ms. Francel what action she would require if the decision were made in September. Ms. Francel replied that she was not sure but to wait until September to raise the interim money would be difficult. Mayor Nyquist suggested that they try to raise the money contingent upon the Council's action with the Budget. Councilmember Fignar requested that they provide the Council with updated statistics from the program to help them make a decision. The City Manager indicated that the City receives a monthly report and that he would submit that report as part of the Budget process. Mayor Nyquist stated that there is a consensus with the Council to provide support for the program and that the issue would be heard during the Budget process. 8 -27 -79 -13- PARK DEVELOPMENT PLAN Mayor Nyquist introduced the next agenda item by recognizing Gerry Johnson, Chair- man of the Brooklyn Center Part: and Recreation Commission. Gerry Johnson briefly reviewed the Park Development Proposal that had been previously approved by the Council. He noted changes that had been made in each of the park development priorities. In the neighborhood parks and in Central Park and Palmer Lake Park, he noted that items that had received low priority and that were maintenance oriented had been eliminated. He noted the potential use of grant monies to offset the cost of development and recommended that the Council consider a bond issue based upon the figures submitted to them. Following Chairman Johnson's presentation, Councilmember Fignar inquired if the bond issue would take place this fall. . Councilmember Kuefler replied that that would be a decision of the Council. The City Manager indicated it could take place this fall legally but that the Council would want to consider a sp-�cial election or to have the election next fall. Councilmember Fignar inquired when staff would recommend the special election. The City Manager replied that the Council would perhaps desire to form a committee to study the issue and make a recommendation to the Council. Councilmember Fignar then inquired as to how much per household a $1,000,000 bond would mean. Chairman Johnson replied that they have received information on that matter from the Director of Finance and that it would be approximately $5 per year per household. Councilmember Kuefler indicated he felt very good about the .review process that the Park Development Plan had undergone and that it had been very complete. He also stated that it was now up to the Council to move the Park Development issue forward. Mayor Nyquist asked Councilmember Kuefler what his suggestions were for the issue. Councilmember Kuefler replied that he felt it would be appropriate to see how past bond issues had worked in Brooklyn Center and to contact people that had been involved with those issues. He suggested that we use the City Manager's suggestion of a committee to help move the bond issue forward. Councilmember Fignar inquired as to the timetable for completion of the Park Development Plan. The Director of Park and Recreation replied that a total development of the parks would take five to seven years. The City Manager replied that there were alot of options available to the City and that the work should be essentially done by contractors as opposed to in -house labor. He noted that it would not be necessary for the City to issue all the bonds immediately but that the bonds could be staged so the money would be available when needed. Councilmember Fignar inquired as to how much a special election would cost. The City Manager replied between $1,500 and $2,000. Councilmember Fignar stated he would like to see more information about the project. Councilmember Kuefler then volunteered to talk with former Mayors and to get input on how to approach a bond issue by the first October meeting. He stated the Council could then consider proceeding with some action relative to the bonds at that time. .8 -27 -79 -14- Motion by Councilmember Fignar and seconded by Councilmember Scott to appoint Councilmember Kuefler to research former bond issues and discuss the matter with former Mayors and to report back to the Council at the first October meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. EXPLOSIVE PERMIT FOR HOWE FERTILIZER Mayor Nyquist noted that this item had been previously deferred along with the ordinance to phase out the Howe Fertilizer, Inc. GAMBLING LICENSES Motion by Councilmember Scott and seconded by Councilmember Fignar to approve an application for a class B gambling license for the Citizens Band Serving the Public. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. Motion by Councilmember Kuefler and seconded by Councilmember Fignar to waive the $10,000 fidelity bond requirement for the Citizens Band Serving the Public gambling license. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. Motion by Councilmember Fignar and seconded by Councilmember Scott to approve a class A gambling license for the Rosary Altar Society of St. Alphonsus Catholic Church. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. Motion by Councilmember Kuefler and seconded by Councilmember Scott to waive the $10,000 fidelity bond requirement for the Rosary Altar Society of St. Alphonsus Catholic Church . Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. RESOLUTION NO. 79 -199 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION SETTING SURETY BOND AMOUNT FOR WINE LICENSES 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, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. LICENSES Motion by Councilmember Kuefler and seconded by Councilmember Scott to approve the following list of licenses: FOOD ESTABLISIM LICENSE Church of the Nazarene Day.Care Center 501 73rd Ave. No. GAMBLING LICENSE Citizens Band Serving People 7257 Yucca Lane The Rosary Altar Society of St. Alphonsus Church 7125 Lee Ave. No. 8 -27 -79 -15- GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE " Browning- Ferris Industries 9813 Flying Cloud Dr. (additional vehicle) Maroney's Service Rt. 3, Box 30A Tarco of Minnesota - MCS 10041 Polk St. N.E. ITINERANT FOOD ESTABLISHMENT LICENSE Citizens Band Serving People 6218 Chowen Ave. No. MECHANICAL SYSTEM'S LICENSE Del Air Conditioning, Inc. 9860 James Circle POOL AND BILLIARD TABLE LICENSE JEM Bowl, Inc. 104 E. 60th St. Earle Brown Bowl 6440 James Circle No. RENTAL DWELLING LICENSE Initial: Angela May Fiala 5600 Lyndale Ave. No. Wilbert & Delores.Hanson 7210 Perry Court East Marlyn & Gayle Kruse 2101 71st Ave. No, Renewal:- Alfred & Myrtle Herlitz 7018 Emerson Ave. No. Roland Scherber 5820 Logan Ave. No. Rich M. Childers 6806 Regent Ave. No. Joseph J. Kennedy 505,09 61st Ave. No. Robert C. Johnson 905 61st Ave. No. M. P. Evanson 711 69th Ave. No. Alfred & Myrtle Herlitz 1713 72nd Ave. No. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. ADJOURNMENT Motion by Councilmember kuefler and seconded by Councilmember Scott to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:05 p.m. Clerk a r 8 -27 -79 -16-