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HomeMy WebLinkAbout1978 05-22 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 22, 1978 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. Roll Call Mayor Dean Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka and Celia Scott. Also present were City Manager Gerald Splinter, Director of Public Works James Merila, City Attorney Richard Schieffer, Director of Finance Paul Holmlund, Director of Planning and Inspection Blair Tremere, and Administrative Assistants Ronald Warren and Brad Hoffman, Invocation The invocation was offered by Pastor Ringhiser of the Brooklyn Center Church of the Nazarene. Approval of Minutes Motion by Councilmember Kuefler and seconded by Council- 5-8 -78 member Fignar to approve the minutes of the May 8, 1978 City Council meeting as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Open Forum Mayor Nyquist introduced the first item of business on the agenda, that of the Open Forum. He explained that the Open Forum was instituted to give any citizen the opportunity to address the City Council as a whole and comment on any opinion, problem, concern or complaint they might have which is relevant to the affairs of this local government and its policies and practices. Mayor Nyquist recognized Mr. Stanley Adler, 5037 Drew Avenue North, Mr. Adler thanked the Council for the oppor- cunity to state his concern. He explained that his concern involved the Brookdale Ten apartment complex and its negative effect on the surrounding neighborhood. He expressed the opinion that the complex has been aneye sore and a problem to the community since it was built. He pointed out a number of maintenance type problems such as broken fences, a broken concrete wall, poor grounds maintenance and an overall deteriorating look. He explained that the outside of the complex looks bad and has a negative effect on both the immediate neighborhood and the City in general.. He stated that he felt the City Y Council and the City administration could do more to clean up this area. He noted that it has been pointed out to him that the owner of the complex has used various stall tactics with respect to cleaning up the outside of the complex but has been informed that it must be cleaned up by the first of September. He stated he hoped this to be true and the problem continually addressed. In response to an inquiry by Councilmember Fignar, the City Manager explained that he had met with the owner of the apartment complex approximately two months ago and had given him a list of some sixty maintenance type items involv- ing both the inside and the outside of the apartment complex. He explained that the list contained a priority for meeting various maintenance items and that the owner had until May 1, 1978, to address the first set of priority items. He pointed out that these items primarily involved maintenance and repairs on the inside of the apartment complex and that -1- 5• -22 -78 the remaining items on the priority list addressed the outside maintenance items that could be accomplished this summer. The City Manager also stated that the City could cite the �s owner of the apartment complex for violations of the Housing Maintenance and Occupancy Ordinance but the feeling is that this would not necessarily solve the problem. He pointed out that he feels by working with the owner of the apartment the I maintenance items can be addressed. He noted that the City Council had approved a temporary licensing of the apartment complex through August of this year. He added that the City has the option of citing the applicant and going to court over the matter but felt that this should be utilized as a final resort only if the owner does not make a concerted effort to improve the maintenance of the apartment complex. Mr. Adler stated that he appreciated the efforts being put forth by the City with respect to these maintenance problems, but added that he feels the owner of the apartment complex will only do those things he has to do. He expressed the opinion that the City should keep the pressure on the owner of the apartment complex to keep him in line so that these maintenance items do not continue to be a nuisance to the surrounding neighborhood, li The City Manager stated that he appreciated Mr. Adler coming forward to express his concern with this problem. He ointed out that the City is attempting, if need be , p � to build a case and cite various examples of violations of the Housing Maintenance Ordinance should it be necessary to take the matter to court. A brief discussion ensued relative to the maintenance problems at the Brookdale Ten apartment complex with the City Manager explaining that his primary concern at this time is to gain compliance with the Housing Maintenance Ordinance. He added that the City could expect all maintenance on the apartment complex to cease if and when the City would take the owner of the apartment to court. He suggested that the City Council judge what the owner does during this summer with respect to these maintenance items and if the City Council is not satisfied with the results, the license for the apartment could be revoked, when the license is again reviewed for renewal. Mr. Adler also inquired as to the status of the filling station on the corner of 50th and Drew. The Director of Planning and Inspection responded that plans were approved by the City Council for a proposal to upgrade the property for an auto glass replacement service in:the existin service `, ' a is n e statio bu�:;d n H to that at the � e stated t _ g present time it seems that tike applicant is not willing to make the necessary site improvements. He added that the City. has ordered the place boarded up and if nothing positive happens to the site in the future it could be ordered torn down. He added that presently the status of the property is that it is in iimxbo. Mayor Nyquist inquired if anyone else wished to be heard' on the Open Forum. He recognized Mr. Charles Greenwood, 5043 Drew Avenue North, who also commented on the Brook - dale Ten apartment complex. He stated that it is rundown, junky looking and an eye sore and that he hopes something positive can be done to improve it, 5 -22 -7$ _2- Mr. Herbert Poeschel, 5150 Drew Avenue North, also corn mented on the Brookdale Ten apartment complex stating that there is always litter and debris in the area from the apart- ment complex and that the grounds are poorly maintained. He also commented on the fact that there are often fights and. arguments among the tenants living there and that this also causes a disturbance to neighboring property owners. Mr. Greskowiak, 5160 Drew Avenue North, complained about people living at the apartment complex taking a short cut through his property and that poles that had been erected to stop this had been run down. He also commented on the poor grounds maintenance of the complex. Mr. Henry Holm, 5200 Drew Avenue North, concurred wit',7 -all of the statements made Mr. Pfaff e, 5112 Drew Avenue North, also agreed with the statements made and added that his yard is often used for foot traffic going to the apartment complex. Mr. John Lannes, 5101 Drew Avenue North, also complained about the poor maintenance of the apartment complex. Mr. Alan Hartmann, 5 046 Drew Avenue North, commented on the poor maintenance of the complex and also on various people problems associated with the tenants of the building. Councilmember Kuefler inquired of the City Manager if he was satisfied, thus far, that the owner of the Brookdale Ten apartment complex was making a good faith effort to address these maintenance problems. The "City Manager responded that the owner has made enormous strides in dealing with the maintenance P roblems on the inside of the apartments: He pointed out that the City will have to keep pressure on the owner so that these efforts continue with respect to the outside maintenance problems. Councilmember Kuefler requested the City Manager to make available to Mr. Adler the list of maintenance items and the timetable for completing these items that had previously been mentioned. He also requested the City Manager to report on the status of the Brookdale Ten apartment complex mainte- nance situation at the second Council meeting in June. Councilmember Scott commented that maintenance at the Brookdale Ten apartment complex has been a longtime problem. She stated that she is- pleased to hear the City Manager's report about the efforts being made to take care of maintenance problems on the inside of the complex. She added that she expects a drastic improvement in the outside of the apartment complex and that if this is not done she will be opposed to issuing the rental dwelling license when it expires in August of this year. Councilmember Lhotka commented that there were some points made by the neighboring property owners regarding tenant type problems. He inquired as to what control the landlord would have over tenants living in the building. The City Manager responded that there are certain procedures to evict problem tenants and added that he would think the owner, in his own self interest, would weed out problem tenants. -3- 5- -22 -78 Councilmember Fignar commented that nobody is more embarrassed about the apartment complex than is the City Council and the City administration. He stated that he expects drastic improvement in the apartment complex this summer and that the owner's performance will weigh heavy on his decision regarding the renewal of the rental dwelling license, I Mayor Nyquist thanked those persons addressing the City Council with respect to this problem and added that the City Council and the City Manager are quite concerned about it. He inquired if anyone else wished to address the City Council during the Open Forum. There being none, the Open Forum was closed. Motion by Councilmember Kuefler, seconded by Council- Final Plat Approval member Lhotka to approve the final plat for the Realty (Realty Terrace Addition) Terrace Addition comprehending property at the northeast quadrant of Brooklyn Boulevard and 70th Avenue North, Voting in favor: Mayor Nygist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none The motion passed unanimously. The City Manager introduced the next item of business Retention of Planning on the agenda, that of a recommendation that the City Consultant Council authorize the Mayor and the City Manager to enter into an agreement with Bather, Ringrose, Wolsfeld, - Jarvis and Gardner, Inc. for planning and consulting services related to the State mandated comprehensive planning process and the Mississippi River Critical Areas Planning. He stated that the City is now in a position to proceed with the planning activities associ- ated with the Land Planning Act and the Critical Areas Designation and that consultant proposals were reviewed and interviews with consulting firms were held within the last month. He stated that it is felt that Bather, Ringrose, Wolsfeld, Jarvis and Gardner, Inc. has the experience, reputation, qualified staff and capability of providing the planning assistance which is most appropriate for Brooklyn Center's needs. He pointed out that the proposed contract is an amount, not to exceed, $42,500 and that it comprehends the planning tasks necessary to meet the requirements of State law. He next reviewed funding for the costs of this consulting contract. Councilmember Kuefler commented on the $20,000 unspent appropriation in the 1977 general fund budget and inquired as to the status of this money. The Director of Planning and Inspection responded that because this $20,000 was not used, it became surplus funds and went back into the general fund at the end of 1977. The Director of Finance pointed out that there is a provision in the City Charter .that allows the City Council to reappropriate these funds from this surplus. In response to an inquiry by Councilmember Lhotka, the Director of Planning and Inspection briefly reviewed the contract and stated that the consultants would assist in providing the end product for the Critical Areas Designation and the Metropolitan Land Planning Act. He added that their assistance would help the City comply with these laws and that the firm would be doing technical work, graphic work and other similar consulting services to assist the City in complying with these laws. 5- 22 -78. -4- Action Authorizing Following further discussion there was a motion by Council -- Execution of Agreement member Scott and seconded by Councilmember Fignar to authorize the Mayor and the City Manager to enter into an agreement with Bather, Ringrose, .Wolsfeld, Jarvis and Gardner, Inc. in an amount not to exceed $42,500 for planning and consulting services related to the mandated Metropolitan Land Planning Act and Mississippi River Critical Area Planning. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Commending Brooklyn Mayor Nyquist introduced the next item of business on the Center High School agenda, that of a resolution commending Mr. Dick Lawrence and the Brooklyn Center High School Office Education Associ- ation Chapter for being named Chapter of the Year in national competition. He read the resolution of commendation and explained that the High School Office Education Association Chapter was named national champion among some 4, 000 students representing twenty -one states. RESOLUTION Member Bill Fignar introduced the following resolution and NO. 78 -92 moved its adoption: RESOLUTION COMMENDING BROOKLYN CENTER HIGH SCHOOL OFFICE EDUCATION ASSOCIATION CHAPTER 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. ti I Mayor Nyquist congratulated Mr. Dick Lawrence and pre- sented him with a plaque expressing the City's recognition of the honors bestowed on the Office Education Association Chapter. Mr. Lawrence thanked the City Council for the commendation and stated that it demonstrates the City Council's interest and awareness of the accomplishments of young people in the community. He introduced Carol Anderson and Carole Rynders of the OEA Chapter who had received the Ambassador Award for overall excellence in the national competition. Ms. Anderson explained -the basis used for judging the award and commented that it is primarily based on an evaluation of written documentation of each OEA group's total program. Home Improvement The City Manager introduced the next item of business on the Grant Program agenda, that of a resolution offered for the purpose of recom- mending home improvement grants to eligible. Brooklyn Center homeowners. He stated that the proposal has been reviewed and is recommended by the Brooklyn Center Housing Com- mission. The Director of Planning and Inspection reviewed the process for developing the recommendation for awarding home improve- ment grants. He stated that the Housing Commission at two separate meetings had reviewed, discussed and verified the ranking criteria for the grant program. He noted that the property at 810 - 53rd Avenue North was the subject of much discussion and that the Housing Commission had felt that this property did not warrant the full amount of the grant request because of some of the structural problems associated with the property, the fact that the total amount needed to -5- 5 -22 -78 repair the property was in excess of the maximum amount allowable for a and also it was felt the significance of the improvement to this property would not be great because of the long range planning implications and considerations for this area of the City. He clarified that because of these planning implications and considera- tions it was felt that the life of the property might not exceed the 7 year repayment agreement which is a part of the grant. The Director of Planning and Inspection reported that the Housing Commission had recommended that up to $1,000 be used for the property at 810 53rd to address some hazardous conditions that would make the property more habitable. He explained that these conditions involved plumbing, venting and also some electrical work He noted that since the last Housing Commission meeting, bids for this type work have been received and are in excess of the $1, 000 recommended He pointed out that the Minnesota Housing Finance Agency requires that if $1, 000 is put into property under this program, the property must be made energy efficient. He added that because of this factor the property at 810 - 53rd Avenue would require in excess of the maximum amount of $5,000 to improve it . He explained that the decision to be made is either to recommend the full $5,000 amount for this property or that nothing be done and the recommendation stricken from the draft resolution. The Director of Planning and Inspection, also reported that there might be some problems in securing a co- signature for the improvements which is required of the program. He stated that it does not seem at this time that the fee title owner, who must co -sign, would do so and it is felt that putting money into this property might well be a dubious investment of public funds. A discussion ensued relative to the Director of Planning and Inspection's report with Councilmember Scott inquiring as to the assessed valuation of the property and the amount of money that would have to be expended to bring this property up to code. The Director of Planning and Inspection responded that the property's assessed valuation is $22,000 and that it would take approximately $7,900 to complete the necessary improvements He explained the cost for structural and energy type improvements would be $6,100, the electrical repairs would be $400, and the plumbing repairs would be approximately $1, 400. He noted that the maximum amount of any one MHFA grant is $5,000 and that a substantial amount of work inust be done to improve this property. In response to an inquiry by Councilmember Kuefler, the Director of Planning and Inspection stated that there were 13 applications for grant funds and that he would recom- mend that the grant application for the property at 810 - 53rd be eliminated from this resolution. It was the consensus of the City Council that the property at 810 - 53rd Avenue North not be included in the resolution endorsing home improvement grant requests, Member Celia Scott introduced the following resolution and RESOLUTION moved its adoption: NO. 78 -93 RESOLUTION ENDORSING HOME IMPROVEMENT GRANT REQUESTS 5 -22 -78 The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Gene Lhotka introduced the following resolution and NO. 78 -94 moved its adoption: RESOLUTION APPROVING AMENDMENTS TO THE BYLAWS OF THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCI- ATION The motion fot 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. Alley Paving Mayor Nyquist announced that public hearings have been Public Hearings scheduled for Alley Paving Improvement Project Nos. 1977 -22, 1978 -7, 1978 -8, 1978 -9, 1978 -10, 1978 -11, 1978 -12, 1978 -13, and 1978 -14 this evening. - He explained that the Director of Public Works will briefly review the projects and also the City's alley paving policy. The Director of Public Works reported that there are a total of nine alley paving improvement projects scheduled for public hearing this evening. He stated that at the time the Council established a uniform alley improvement policy there were fifteen unpaved alleys in the City. He pointed out that since that time five alleys have been paved and one other alley paving project has been ordered for construction following a public hearing. He explained that of the nine remaining unpaved alleys one involves a petition signed by approximately 58% of the affected property owners and that the other eight projects are City Council initiated. He pointed out that Council initiated projects require a 4/5 vote to order construction while projects requested by a petition signed by more than 50% of the affected property owners require only a majority vote of the Council to order construc- tion of the project. He added that if 35% of the affected property owners sign a petition in favor of a particular project, the Council is required to hold a public hearing, but a 4/5 Council vote would be needed to order construction of the project. The Director of Public Works stated that the reason for the initiation of these alley paving improvement projects by the City Council is that there have been concerns and inquiries by a number of residents abutting alleys regarding such improvements and also the fact that alley maintenance costs run approximately $500 per year for each alley. He com- mented that all affected property owners were sent information containing the date and notice of the public hearing; the City's alley paving policy which explains the type of con - struction and the assessment procedures; a preliminary data sheet which provides property owners with information relating to the estimated assessments rates, periods of assessment, and project scheduling if the projects are -7- 5 -22 -78 ordered for construction; and the City's recently adopted policy for deferring special assessments for persons 65 years of age or older. He explained that the special assessment period for alley projects is ten years and that property owners have the prerogative of recommending a driveway to suit their garage or parking situation at their own expense. He pointed - out that the installation of the paved portion of the alley is a ten foot wide pavement consisting of a hot mixed bituminous asphalt. He commented also on the policy for deferring special assessments for persons 65 years of age or older which includes the following: the property on which the assessment is deferred must be homesteaded; the property is owned by a person at least 65 years of age on January 1 of the payment year; and the household income is not to exceed $7,500 the year preceding the payment year. The Director of Public Works also explained the uniform alley paving policy which was developed to establish uniformity in providing paved alleys as they are requested. He noted that it is possible to grade various alleys with a slope that will provide drainage but that in a number of cases storm sewers are required and would be included in the cost of assessments for the particular alley paving improvement project. The Director of Public Works next reviewed a transparency showing the location of the various alley paving projects and also slides showing the contrast between paved and unpaved alleys in the City, The Director of Public Works proceeded to review Alley Alley Paving Paving Improvement Project No. 1977 -22 which comprehends Improvement Project alley'paving between Twin Lake Avenue and Lakeview Avenue No. 1977 -22 from approximately 340 feet northerly of Lakebreeze Avenue North. He reviewed a transparency showing the location of the project and various slides depicting the condition of the alley. He stated that the estimated cost of the project is $6,800 and the estimated assessment rate is $8.00 per assessable foot fora ten foot wide alley area and $11.50 per assessable foot for a twenty -four foot wide alley area. He explained that a petition representing 58.4% of the assessable units was signed in favor of the project. Following a brief discussion Mayor Nyquist opened the Public Hearing meeting to notified property owners regarding Alley Paving Improvement Project No. 1977 -22. He recognized Maurice Britts, 4819 Lakeview Avenue North, who stated that he felt the alley should be paved especially in the vicinity of the two apartments which will use the alley extensively. He objected to paving the entire alley. He stated that because of the slope of his property the alley is not used and that access to his property is via the front of the property. He pointed out that there are other lots on the north end of the alley that have similar situations. He pointed out that if the alley is paved the entire distance it will make easier access to the old pole yard property and that this will cause additional problems. He stated that because of these reasons he is not in favor of paving the entire alley and hoped that only a portion of the alley would be paved. The Director of Public Works stated that the entire alley need not be paved but pointed out that if at a later date property owners wished the remaining portion of the alley to be paved it would be much more costly than to do it all 5 -22 -78 at one time. In response to an inquiry by Councilmember Fignar the Director of Public Works stated that the alley, or a portion of it, could be vacated at a later date. He also pointed out that the maintenance of the alley would end at the time it was vacated. Mayor Nyquist inquired if anyone else wished to be heard. No one else spoke regarding this improvement project. Close Public Hearing Motion by Councilmember Fignar and seconded by Council - member Scott to close the public hearing on Alley Paving Improvement Project -No. 1977 -22. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. b Alley Paving The Director of Public Works proceeded to review Alley Paving Improvement Project Improvement Project No, 1978 -7 which comprehends alley No. 1978 -7 paving between Humboldt Avenue and Irving Avenue from 53rd to 54th Avenues North. He reviewed a transparency showing the location of the project and various slides depicting the condition of the alley. He stated that the estimated cost of the project is $13,900 and the estimated assessment rate is $9,75 per assessable foot for a fourteeA foot right -of -way and $12.50 per assessable foot for a thirty foot right -of -way. In response to an inquiry by Councilmember Kuefler regarding alley maintenance provided by the City, the Director of Public Works stated that the average cost for alley mainte- nance is approximately $500 a year with the costs for maintenance running higher in the southeast section of the City than in the southwest section. He explained that maintenance consists of filling holes with gravel and grading of the alley. He pointed out that maintenance costs do not include snow plowing in the alleys. He added that one of the major problems with unpaved alleys is the drainage in that there . is no place for excess water to run off. The Director of Public Works reported that he had received a letter from Mr. Roy West, 5339 Humboldt Avenue North, who was unable to attend this evening's hearing. He read the letter from Mr. West who was in favor of the alley paving project and indicated that a paved alley would correct the drainage problems in that area; that in the long run a paved alley would be cheaper to maintain; and that the paving would .eliminate much of the dust and mud problems associated with the present alley. Public Hearing Following a brief discussion Mayor Nyquist opened the meeting to notified property owners regarding Alley Paving Improvement Project No. 1978 -7. He recognized Mr. Fred Albright, 5344 Irving Avenue .North, who stated that he agreed with Mr. West's letter and was also in favor of the alley paving project. He pointed out that he felt the absence of many of his neighbors indicates that they concur with the project rather than disagree with it. Mayor Nyquist inquired if anyone else wished to be heard. No one else spoke regarding this improvement project. Close Public Hearing Motion by Councilmember Fignar and seconded by Council- member Lhotka to close the public hearing on Alley Paving Improvement Project No. 1978 -7. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. -9- 5 -22 -78 The Director of Public Works proceeded to review Alley Alley Paving Paving Improvement Project No. 1978 -8 which comprehends Improvement Project alley paving between Girard and Humboldt Avenues from No. 1978 -8 54th to 55th Avenues North, He reviewed a transparency showing the location of the project and various slides depicting the condition of the alley. He stated that the estimated cost of the project is $13,100 and the estimated assessment rate is $10.75 per assessable foot. Following a brief discussion Mayor Nyquist opened the Public Hearing meeting to notified property owners regarding Alley Paving Improvement Project No. 1978 -8. He recognized Mr. Herbert Comstock, 5405 Girard Avenue North, who spoke in opposition to the improvement project. He also contended the alley could not be put in without moving various power poles and disagreed with the amount indicated as spent on alley maintenance and the number of times per year the alley is graded. Richard Nelson, 5417 Girard Avenue North, also spoke against the improvement project. He stated that he felt the soil in the alley was capable of absorbing- any water that might be there. Mitchel Pieles, 5400 Humboldt Avenue North, also spoke against the improvement project. Mark Laberda, 5446 Humboldt Avenue North, also spoke against the improvement project. He added that he felt blacktop alleys would be very costly to maintain. Dean Jacobs, 5453 Girard Avenue North, inquired as to the maintenance costs of the blacktop alley after such a project would be completed. The Director of Public Works responded that the only maintenance that would be associ- ated with a blacktopped alley would be seal coating which would be done approximately once every six years. He stated that currently the policy regarding seal coating is that the cost is born by the City for seal coating all streets and alleys. Henry Claypatch, 5448 Humboldt Avenue North, stated that he has lived at his current address for 52 years. He stated that he did not feel it was an appropriate time to pave this alley and indicated that there are a number of young people living on the alley which would have to bear the cost for this improvement, He noted that he could qualify for a deferred special assessments but that he did not want to take advantage of it because it would place a burden on his children later. He indicated that he felt proper grading, or a different grading of the alley, would address the drainage problem without a blacktopping. He concluded by stating that he felt the plans are too preliminary at this time and that he did not favor the improvement project, Gordon Nelson, 5440 Humboldt Avenue North, also spoke in opposition to the improvement project. He inquired as to the depth of the blacktop proposed for the alley. The Director of Public Works responded that there would be two inches of asphalt over four inches of base. In response to another inquiry by Mr. Gordon, the Director of Public Works stated that the cost for a concrete alley would be approximately $5.00 per assessable foot more than the assessment for blacktop, 5 -22 -78 -10- Russell Stolle, 5444 Humboldt Avenue North stated that he originally was in favor of paving the alley because it was poorly maintained and a problem. He stated that there are some elderly persons in the area on fixed incomes that would ' have problems with the assessment for the alley. He indi- cated that it seems as if the City Council is forcing this alley paving project on the property owners and have not dealt with the specific aspects of the project. He indicated that he felt there was a need for more information regarding alternatives available and added that perhaps a different, or better, grading of the alley might not be a solution. An unidentified citizen indicated that sometime ago a petition had been signed regarding paving of this alley and that it was ° his recollection that it was 11 to 3 against the project. Councilmember Kuefler commented that the reason for this public hearing is to see if property owners abutting alleys are interested in having these alleys paved. He pointed out that it was the Council's intention to solicit input from the property owners and if there was a feeling that these projects should go through they could all be done under one bid which would result in a cheaper cost to the property owners. He added that the Council is not dictating or mandating that these alleys be paved but is only inquiring if the property owners desire such an improvement and that this is the basis for the hearing. Mayor Nyquist inquired if anyone else wished to be heard. No one spoke regarding this improvement project. Close Public Hearing Motion by Councilmember Kuefler and seconded by Council- member Lhotka to close the public hearing on Alley Paving Improvement Project No, 1978 -8. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Alley Paving The Director of Public Works proceeded to review Alley Paving Improvement Project Improvement Project No. 1978 -9 which comprehends alley No, 1978 -9 paving between Fremont and Girard Avenues from 55th to 57th Avenue North. He reviewed a transparency showing the location of the project and various slides depicting the condition of the alley. He stated that the estimated cost of the project is $26,200 and the estimated assessment rate is $10.25 per assessable foot. Public Hearing Following a brief discussion Mayor Nyquist opened the meeting to notified property owners regarding Alley Paving Improvement Project No. 1978 -9. He recognized Curt Robertson, 5615 Fremont Avenue North, who presented a petition indicating that 19 out of 29 households were against the alley paving project. Lawrence Stanchfield, 5625 Fremont Avenue North, spoke in opposition to the improvement project and commented that a number of properties on the alley do no have access to the alley but rather have driveways that lead out to the street. He inquired as to what had happened to `a petition that had been taken regarding an alley paving project approximately two or three years ago. The Director of Public Works responded that because less than 35% of the affected property owners were in favor of the project at that time the matter was not brought before the City Council. -11- 5 -22 -78 Councilmember Lhotka left the table at 9:33 p.m. and returned at 9:34 p.m. Curtis Sevig, 5646 Girard Avenue North, stated that there was a water problem by his home and that there was no place for the water to go. He wondered if grading of the alley could address this problem. The Director of Public Works indicated that this matter could be followed up on, William Vaughn, 5605 Fremont Avenue North, spoke in opposition to the 'improvement project and added that the grading done to the present alley does not allow water to run off. He suggested that the grading of the alley be done in a different manners Mayor Nyquist inquired if anyone else wished to be heard. No one else spoke regarding this improvement project. Motion by Councilmember Scott and seconded by Council- Close Public Hearing member Fignar to close the public hearing on Alley Paving - Improvement Project No. 1978 -9 Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unani- mously. The Director of Public Works proceeded to review Alley Alley Paving Paving Improvement Project No 1978 -10 which comprehends Improvement Project alley paving between Emerson and Fremont Avenues from No. 1978 -10 53rd to 54th Avenue North. He reviewed a transparency showing the location of the project and various slides ° depicting the condition of the alley. He stated that the estimated cost of the project is $14, 700 and the estimated assessment rate is $12.00 per assessable foot. Following a brief discussion Mayor Nyquist opened the Public Hearing meeting to notified property owners regarding Alley Paving Improvement Project No. 1978 -10. He recognized Raymond Rarick, 5340 Fremont Avenue North, who presented a petition with the names of 17 out of 21 property owners against the improvement project. Edmund Pflipsen, 5309 Emerson Avenue North, stated that he felt two inches of blacktop was not enough for a solid alley. The Director of Public Works responded that in addition to the two inches of blacktop there would be approxi- mately four inches of base and that these are the same specifications used for constructing a street. Milton Hamann, 5343 Emerson Avenue North, commented that in many cases blacktop streets do not hold up well. He indi- cated that he felt the present grading of the alley was poor ° and that improved grading might help the situation. He spoke against the improvement project, Mayor Nyquist inquired if anyone else wished to be heard, No one else spoke regarding this improvement project. Motion by Councilmember Kuefler,and seconded by Council - Close Public Hearing member Lhotka to close the public hearing on Alley Paving Improvement Project No. 1978 -10. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously, 5 -22 -78 _ - -- -12- Alley Paving The Director of Public Works proceeded to review Alley Paving Improvement Project Improvement Project No. 1978 -11 which comprehends alley No. 1978 -11 paving between Dupont and Emerson Avenues from 53rd to 54th Avenue North. He reviewed a transparency showing the location of the project and various slides depicting the condition of the alley. He stated that the estimated cost of the project is $15,200 and the estimated assessment rate is $12.25 per assessable foot, Public Hearing Following a brief discussion Mayor Nyquist opened the meetinc to notified property owners regarding Alley Paving Improvement Project No. 1978 -11. He recognized William Doane, 5359 Dupont Avenue North, who spoke against the improvement project. He stated that he does not have a garage on the alley and does not make use of the alley. He also com- mented on the grading of the present alley and indicated that this should be improved, David Dolan, 5315 Dupont Avenue North, spoke against the improvement project. Mrs. Forystek, 5332 Emerson Avenue North, also spoke against the improvement project. Roger Klingensmith, 5302 Emerson Avenue North, also spoke against the improvement project. Clinton Gustafson, 5352 Emerson Avenue North, inquired if a petition was necessary. He also inquired as to what assurances a neighborhood would have if a petition was circulated and the majority of property owners indicated that they were in opposition to the improvement project, The City Manager responded that a petition is a form of expres- sion and added that if a petition is circulated for an improve- ment project and 35% of the property owners sign in favor of the improvement project, the City Council must then hold a public hearing. He addedthat the Council can either accept the project and order its construction, reject the project or defer it for a later date. He explained that following the public hearings the Council will address each of the improve- ment projects and take action in this regard. Martha Lahti, 4735 Emerson Avenue North, Minneapolis, who owns the property at 5316, 5322 and 5 - 328 Knox Avenue North, stated that she was not affected by this particular alley project but that the Council had ordered construction of an alley project that abuts the property she owns on Knox Avenue. She stated that petitions were circulated regarding the project and that most were against it. She added that the Council still ordered construction of the project. She explained that she has complained about the manner in which the project was ordered to both the City Council and the City Engineer to no avail. Mayor Nyquist inquired if anyone else wished to be heard. No one else spoke regarding this improvement project. Close Public Hearing Motion by Councilmember Lhotka and seconded by Council- member Fignar to close the public hearing on Alley Paving Improvement Project No. 1978 -11. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Councilmember Fignar stated that he resented the remarks made by Mrs. Lahti which indicate that the Council had -13- 5 -22 -78 acted inappropriately with respect to an alley paving project. He pointed out.that by law the City Council must hold a public hearing if 35% of the affected property owners are in favor of the improvement project. He stated that the public hearings were held and that the Council had listened to the pros and cons of the improvement project. He further stated that following a public hearing which involved discussion and clarification of the issue with the property owners the Council, by an extraordinary vote, had ordered the construct" tion of the alley paving project. The City Manager reported that he had just received a petition with 9 signatures,. representing 8 properties, that indicated Opposition to Alley Paving Improvement Project No. 1978 -11. The Director of Public Works proceeded to review Alley Alley Paving Paving Improvement Project No. 1978 -12 which comprehends Improvement Project alley paving between Twin Lake Avenue and Lakeview No. 1978 -12 Avenue, south of Lakebreeze Avenue approximately 340 feet. He reviewed a transparency showing the location of the project and various slides depicting the condition of the alley. He stated that the estimated cost of the project is $6,800 and the estimated assessment rate is $9.50 per assessable foot. Following a brief discussion Mayor Nyquist opened the Public Hearing meeting to notified property owners regarding Alley Paving Improvement Project No. 1978 -12, He recognized Edward Knight, 4721 Lakeview Avenue North, who was opposed to the project. He too commented on the maintenance of the alley and indicated that better grading was needed. Mrs. Wollenburg, 4734 Twin Lake Avenue North, Terry Ekberg, 4718 Twin Lake Avenue North, Gaylen Job, 4735 Lakeview Avenue North, and Mrs. Redding, 4741 Lakeview Avenue North all spoke in opposition to the alley paving improvement `project . Mayor Nyquist inquired if anyone else wished to be heard. No one else spoke regarding this improvement project. Motion by Councilmember Fignar and seconded by Council Close Public Hearing member Lhotka to close the public hearing on Alley Paving Improvement Project No. 1978 -12. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The Director of Public Works proceeded to review Ailey Paving Alley Paving Improvement Project No. 1978 -13 which comprehends alley Improvement Project paving between Lakeview and Azelia Avenues, north of Lake - No. 1978 -13 breeze Avenue approximately 340 feet. He reviewed a trans- parency showing the location of the project and various slides depicting the condition of the alley. He stated that the estimated cost of the project is $6,800 and the estimated assessment rate is $9.75 per assessable foot. Following a brief discussion Mayor Nyquist opened the meeting Public Hearing to notified property owners regarding Alley Paving Improvement Project No. 1978 -13. He recognized Mr. Boyd, 4807 Azelia Avenue North, who inquired if the City would vacate the .alley if the alley was not paved. The Director of Public Works responded that this option has been discussed but that no decision has yet been made regarding any alley vacations. 5-22 -78 -14- He pointed out that if this alley is not paved the maintenance level will remain the same. Mr. Boyd also inquired if black- top alleys add to the property value. The Director of Public Works responded that the City Assessor does not raise the value of property because there is a blacktop alley but he added that the market value of the property might increase because of this fact. In response to another inquiry by Mr. Boyd, the Director of Public Works stated that an alley paving improvement project could again be established for this particular alley at a future date. He pointed out that in all likelihood the costs for the improvement project would be higher than than being quoted at this time. Amos Levang, 4816 Lakeview Avenue North, who also owns the property at 4100 Lakebreeze Avenue, stated that he has contacted all of the property owners whose property abuts the alley. He stated that he, and his neighbors, are opposed to the alley paving project and he listed a number of reasons why they feel this way. Mayor Nyquist inquired if anyone else wished to be heard. No one else spoke regarding this improvement project. Close Public Hearing Motion by Councilmember Kuefler and seconded by Council- member Scott to close the public hearing on Alley Paving Improvement Project No. 1978 -13, Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Alley Paving The Director of Public Works proceeded to review Alley Paving Improvement Project Improvement Project No. 1978 -14 which comprehends alley No. 1978 -14 paving between Lakeview and Azelia Avenues, south of Lakebreeze Avenue approximately 340 feet. He reviewed a transparency showing the location of the project and various slides depicting the condition of the alley. He stated that the estimated cost of the project- is $6,800 and the estimated assessment rate is $9.50 per assessable foot. Public Hearing Following a brief discussion Mayor Nyquist opened the meeting to notified property owners regarding Alley Paving Improvement Project No. 1 978 -140 An unidentified citizen commented that he felt that mainte- nance of the present alley could be improved and that he was opposed to the alley paving project, Merton Fadden, 4711 Azelia Avenue North, stated that it made little difference to him whether or not the alley paving project was constructed but that he was more opposed to it than in favor of it, Lester Nielsen, 4707 Azelia Avenue North, spoke in opposition to the improvement project and commented that he did not feel it would be of any benefit to him, Mrs. Jackman, 4717 Azelia Avenue North, stated that grading of the present alley was only done about once a year and that she felt better maintenance of the alley could be done.` She also spoke in opposition to the alley paving improvement project. Mayor Nyquist inquired if anyone else wished to be heard. No one else spoke regarding this improvement project. Close Public Hearing Motion by Councilmember Scott and seconded by Council - member Lhotka to close the public hearing on Alley Paving _15- 5 -22 -78 Improvement Project No. 1978 -14. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhokta, and Scott. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council recessed at 10 :20 p.m. Recess and resumed at 10:35 p.m. Councilmember Kuefler commented that he felt the City Council Deliberation ' Council should vote to reject all of the alley paving im on Alley Paving provement projects with the exception of the one where there Projects was an active petition in favor of the "project. He explained that he feels this way because of the overwhelming response in opposition to the other alley paving projects. He added that he hoped the City would develop better figures on maintaining alleys and hopefully keep the unpaved alleys in better condition. He also stated that information regarding the pros and cons of paving alleys and also better cost information with respect to taxpayer money that goes for alley maintenance should be developed. He concluded by stating that the Council might want to consider continuing consideration of Alley Paving Im- provement Project No 1978 -7 to a later date to give citizens in that area the opportunity to express themselves with a petition. He noted that there seems to be some support for this project, Councilmember Fignar commented that most of the persons in attendance this evening seem -to be against their respective alley paving improvement project. He concurred with Councilmember Kuefler stating that all projects with the exception of Alley Paving Improvement Project No. 1977 -22 which had an active petition in favor of the project and possibly Alley Pavin g • Improvement Project No. 1978 -7 which seems to have some support should be rejected. He added that the City has done extensive research prior to establishing its alley paving policy and that it was. determined that blacktop, primarily because of cost factors, is a better material to use than is concrete. He noted that there were a number of comments regarding different grading for present unpaved alleys and pointed out that it would seem to him that to reverse the type of grading already undertaken in that area would be a major project in itself and might be cost prohibited. He further stated that a number of citizens also commented that because they do not use the alley they, therefore, should not be required to pay for alley improvements. He noted that this situation is similar to the fact that tax payers throughout the City are paying for alley mainte- nance while they do not make use of these alleys themselves He suggested that the Council might want to consider passing on the maintenance costs for alley maintenance of unpaved alleys to abutting property owners rather than to continue using general tax money for this purpose. He reiterated that he, at this time, favors ordering construction of Alley Paving Improvement Project No. 1977 -22, continuing Alley Paving Improve - ment Project No. 1978 -7 and rejecting the remaining Alley Paving Improvement Projects. Mayor Nyquist commented that he felt the upgrading of the alleys in question would enhance the property and also enhance the City but because of citizen opposition he would concur with Councilmembers Kuefler and Fignar. Following further discussion there was a motion by Council Action Rejecting Various member Scott and seconded by Councilmember Kuefler to Alley Paving Improvement reject Alley Paving Improvement Project Nos. 1978 -8, Projects 5 -22 -78 - ___ -18 ' 1978 -9, 1978 -10, 1978 -11, 1978 -12, 1978 -13, and 1978 -14. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scotto Voting against: none. The motion passed unanimously. Action Deferring Alley Motion by Councilmember Kuefler and seconded by Council- Paving Improvement member Lhotka to defer further consideration of Alley Paving Project No. 1978 -7 Improvement Project No. 1978 -7 until the June 5, 1978 City Council meeting, Voting. in favor: Mayor Nyquist, Council - members Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. A brief discussion ensued relative to Alley Paving Improve- ment Project No. 1977 -22 with it being the consensus of the Council to pave only a portion, approximately 225 feet northerly of Lakebreeze Avenue, rather than to pave the entire alley. RESOLUTION Member Gene Lhotka introduced the following resolution and NO. -78 -95 moved its adoption: ALLEY PAVING IMPROVEMENT PROJECT NO. 1977 -22 ` 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. Action Directing Following a brief discussion there was a motion by Council - Research Into member Scott and seconded by Councilmember Fignar to Vacating An Alley direct the City Manager to study the possibility of vacating the public alley between Lakeview and Azelia Avenues, north of Lakebreeze. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The. motion passed unanimously. Councilmember Kuefler left the table at 10:55 p.m. Planning Commission The City Manager reported that the applicant for Planning Application No. 78023 Commission Application No. 78023 was not present at the (B.C.I.P,) meeting and recommended deferring consideration until later in the evening. Planning Commission The City Manager introduced the next item of business on Application No. 78025 the agenda, that of Planning Commission Application No. (David Brandvold) 78025 submitted by David Brandvold. The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 78025 and the Planning Commission action at its May 11, 1978 meeting. He stated that the applicant is seeking approval of a pre - liminary plat for the area at 69th Avenue and Irving Avenue extended. He reviewed a transparency showing the location and configuration of the property in question and stated that the subdivision would create nine single family lots from three existing unplatted parcels. He noted that when the Horbal Addition to the east had been platted, 30 feet had been dedicated for anticipated Irving Avenue. He explained that Irving Avenue was no longer proposed to go through to 69th and that the proposed subdivision comprehends the extension of Irving Lane to the east, where it would curve to the north and connect with the existing Irving Avenue North. -17- 5 -22 -7$ Ile further reported that a similar plat had been approved by the City Council under Application No. 75033 and that the only change from that approved subdivision was a change in the width of the six lots south of Irving Lane. He noted that the earlier subdivision comprehended that the two easterly lots south of Irving Lane as being corner lots, and therefore, indicated a 90 foot width. He stated that since it would be recommended that the Irving Avenue dedicated half street be vacated, it would not be necessary to have 90 foot lots. The Director of Planning and Inspection pointed out the Planning Commission's concern about the possibility of having a walkway from Irving Lane to 69th Avenue North in the vicinity of what, at one time, had been comprehended as the extension of Irving Lane to 69th. He also commented that the easterly lots abut multi- residential property and that current ordinance standards require buffering. He explained that it is recommended that the applicant provide buffering to the adjacent R -1 property by means of opaque screening to be installed after the houses are built and with input from the new homeowners. A brief discussion ensued relative to the application with the Director of Planning and Inspection responding to an inquiry by Council- member Scott by stating that dedication of a sliver of land on the lots along 69th Avenue is required as a condition of approval in order to accommodate the future upgrading of 69th Avenue North. Councilmember Kuefler returned at 11 :01 p.m. Mayor Nyquist opened the meeting for purposes of a public Public Hearing hearing on Planning Commission Application No. 78025. No one spoke relating to the application. He recognized the applicant, Mr. David Brandvold, who stated that he had nothing further to add to the application. Motion by Councilmember Scott and seconded by Council- Close Public Hearing member Fignar to close the public hearing on Planning Commission Application No. 78025. Voting in favor: Mayor Nyauist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Following a brief discussion there was a motion by Council- Action Approving member Scott and seconded by Councilmember Fignar to Planning Commission approve Planning Commission Application No. 78025 Application No. 78025 submitted by David Brandvold subject to the following conditions: (David Brandvold) 1 Final plat is subject to approval by the City Engineer. 2. Final plat is subject to the requirements of Chapter 15 of the City Ordinances.. 3. The subdivision agreement shall comprehend provision for opaque screening along the easterly portion of the subdivision adjacent to proposed Lot 1, Block 2, which is consistent with ordinance requirements and is approved by the City. 4. Dedication of a sliver of land for the 69th Avenue right - of -way, as verified by the City Engineer, shall be indicated on the final plat. 5- '22 -78 -18 5. Any further consideration by the City Council of vaca- tion of proposed Irving Avenue should include the possibility of providing a pedestrian walkway ease- ment from Irving Lane to 69th Avenue. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Planning Commission The Director of Planning and Inspection proceeded with a Application No. 78026 review of Planning Commission Application No. 78026 (Harvey Stevens) submitted by Harvey Stevens and the Planning Commission action at its May 11 , 1978 meeting. He stated that the applicant seeking a variance to build an addition a PP was g nonconforming structure at 5334 Fremont Avenue North. He reviewed a transparency showing the location and configuration of the property in question and explained that the structure was noncomplying with regard to the front yard setback and that it was located approximately 31 feet from the front property line. He continued that the applicant proposed an addition which would be within the ordinance setback requirements. He added that noncomplying structures are relatively common in the southeast neighbor- hood, and noted that the structure on the adjacent lots were also setback less than 35 feet. He stated that the proposed addition was entirely ithin the setback requirements and Y q because the addition was located less than 10 feet from the side yard property line, no openings would be permitted on that side. Public Hearing Mayor Nyquist opened the meeting for purposes of a public hearing on Planning Commission Application No. 78026. No one spoke relating to the application. Mayor Nyquist recognized the applicant, Harvey Stevens, who stated that he is willing to build the addition according to the setback requirements but noted that locating the addi- tion flush with the front of the house would somewhat simplify the construction of the addition. Councilmember Kuefler responded that past practice of the City Council has been to require additions, such as this, to be under the current requirements. The Director of Planning and Inspection stated that the Planning Commission did not feel there were grounds, or criteria, for permitting this and had indicated that the addition could be built within current zoning standards. He explained that design considerations alone are not legal' basis for granting a variance. He noted that although dimensionally it does not seem significant it is significant from a legal stand point in that an undesirable precedent could be set. Further discussion ensued relative to the application with the Director of Planning and Inspection commenting that if the applicant feels strongly that the addition should be located flush with the front of the house he could seek another variance. Mr. Stevens stated that he was willing to build within the current standards and that the explanation given was sufficient. Close Public Hearing Motion by Councilmember Fignar and seconded by Council - member Lhotka to close the public hearing on Planning Commission Application No. 78026. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. -19- 5 -22 -78 Motion by Councilmember Lhotka and seconded by Council Action Approving Planning member Kuefler'to approve Planning Commission Application Commission Application No. 78026 submitted by Harvey Stevens, finding that the No. 78026 (Harvey Stevens) noncomplying setback is consistent with other homes in the immediate vicinity and with the existing setbacks of houses throughout the general area of the southeast neighborhood. Approval is subject to the following conditions: 1 Exterior finish of the addition shall be compatible with that of the existing dwelling, 2. The structure shall be brought into code and compliance as determined by the Building Official under the Building Code. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The City Manager introduced the next item of business on Planning Commission the agenda, that of Planning Commission Application No. Application No. 78028 ,. ro 78028 submitted by Robert Grosshans. (Robert G sshans) The Director of Planning and Inspection proceeded with a review of Planning Cc^::ission Application No. 78028 and the Planning Commission action at its May 11, 1978 meeting. He stated that the applicant was seeking a variance from Section 35 -400 of the City Ordinances to permit a house addition which encroaches into the rear yard at 6920 Lee Avenue North. He reviewed a trans- parency showing the location and configuration of the property in question and pointed out that the subject property was of triangular shape and was unique in that, while it was the last lot on Lee Avenue, it was not a corner lot. He stated that this was due to the street configuration in the area where Brooklyn Boulevard interesected the north -south and east -west streets at an angle, He further stated that the lot exceeded the ordinance minimum standards for square footage, but that because of its configuration, the proposed 16' x 18. _ addition would come within 17 feet of what initially appears to be the legal "rear" lot line. He stated that in 1975, the ordinance minimum rear setback was changed from 40 feet to 25 feet, and that the applicant sought a variance of approximately 8 feet. The Director of Planning and Inspection further reported that the Planning Commission had felt that the variance request met the standards of uniqueness and hardship due to the irregular shape of the lot and he noted that the yard area is 13,900 square feet and even with the proposed addition, approximately 88% of the lot would be open space. Mayor Nyquist opened the meeting for purposes of a public Public Hearing hearing on Planning Commission Application No. 78028. No one spoke relating to the application. Mayor Nyquist recognized the applicant, Mr. Robert Grosshans, who stated that he had nothing further to add to the application. Motion by Councilmember Fignar and seconded by Council- Close Public Hearing member Scott to close the public hearing on Planning Com- mission Application No. 78028. Voting in favor: Mayor 5 -22 -78 -20- Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Action Approving Planning Following a brief discussion there was a motion by Council- Commission Application member Kuefler and seconded by Councilmember Fignar to No. 78028 (Robert approve Planning Commission Application No. 78028 sub - Grosshans) mitted by Robert Grosshans, provided the exterior finish of the addition be compatible with the existing dwelling, for the following reasons: 1. The lot is of unique shape due to area subdivision and street design factors. 2. The request is within the intent of the ordinance yard setback and variance standards. 3. The lot area substantially exceeds the ordinance mini - mum area requirements for interior lots. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Planning Commission The City Manager reported that the applicant for Planning Application No. 78023 Commission Application No. 78023 was not present for (B.C.I.P.) consideration of this application. The Director of Planning and Inspection commented that B.C.I.P. was sent a notice of the meeting plus notices were sent to the public. He noted that this application consisted of the constd.eration of the proposed game room /recreational facility for the bowling alley to be located on Freeway Boulevard, east of Shingle Creek Parkway which had been approved previously by the Council. Councilmember Kuefler commented that one of the reasons that the Council considered this portion of the application separately is to discuss with the management their policies for the recreational facility. He favored deferring further consideration of the application until the applicant could be present. Action Tabling Following further discussion there was a motion by Council- Planning Commission member Kuefler and seconded by Councilmember Lhotka to Application No. 78023 table Planning Commission Application No. 78023 submitted (B.C.I.P.) by B.C.I.P. until the June 5, 1978 meeting because the applicant was not present. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. RESOLUTION Member Gene Lhotka introduced the following resolution and NO. 78 -96 moved its adoptioni: RESOLUTION AUTHORIZING THE PURCHASE OF 300 - 7' SIGN POSTS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Tony Kuefler introduced the following resolution and NO. 78 -97 moved its adoption: r -21- 5 -22 -78 RESOLUTION ACCEPTING BID FOR TILING THE SWIMMING A POOL IN THE COMMUNITY CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced the next item of business on Noise Abatement Wall the agenda, that of a resolution recommended for the purpose on I -94 of approving MN /DOT plans for traffic noise abatement walls and landscaping on portions of I -94 west of T.H. 152, The Director of Public Works briefly reviewed MN /DOT plans for noise abatement structures west of T.H. 152 and commented that a portion of the entire project, that being from Xerxes westerly to 152, has been deleted at this time because a variance was not granted for the heighth of the noise abate - ment walls. He. explained that the noise abatement wall proposal for this area of I -94 met federal standards but did not meet State Pollution Control Agency (PCA) standards and therefore was not granted. Councilmember Kuefler expressed his concern over this problem and commented that this delay creates some difficulty with the timetables given to citizens in the affected area. He stated that PCA is unlike MN /DOT in that MN /DOT representatives have been at public hearings with affected citizens and are well aware of their concerns and input. The Director of Public Works suggested that the Council might want to consider a resolution expressing its concern about this delay and also inform citizens in the affected area as to the reason for the delay. Following a brief discussion there was a motion by Council- Action Directing the member Kuefler and seconded by Councilmember Fignar to Preparation of a direct the City Manager to prepare a resolution objecting Resolution to the delay in the freeway noise abatement project on I -94 between Xerxes Avenue North and T.H. 152 and to also inform affected citizens about the reasons for the delay. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Member Gene Lhotka introduced the following resolution RESOLUTION and moved its adoption; NO. 78 -98 RESOLUTION APPROVING MINNESOTA DEPARTMENT OF TRANSPORTATION PLANS AND SPECIFICATIONS FOR TRAFFIC NOISE ATTENUATORS AND LANDSCAPING ON PORTIONS OF T.H. 94 WESTERLY OF T.H. 152. The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, where - upon said resolution was declared duly passed and adopted, Member Gene Lhotka introduced the following resolution RESOLUTION and moved its adoption: NO. 78 -99 RESOLUTION ESTABLISHING STREET PAVING AND CURB AND G UTTER IMPROVEMENT PROJECT NO. 1978 -2 AND WATER MAIN IMPROVEMENT PROJECT NO. 1978 -3 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 5- 22 -78. -22- The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Bill Fignar introduced the following resolution and NO. 78 -100 moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF STREET PAVING AND CURB & GUTTER IMPROVEMENT PROJECT NO. 1978 -2 AND WATER MAIN IMPROVEMENT PROJECT NO. 1978 -3 The motion fot 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 Lhotl a, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Celia Scott introduced the following resolution and NO. 78 -101 moved its adoption: RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT PROJECT NO. 1978 -17, SANITARY SEWER IMPROVEMENT PROJECT NO. 1978 -18, STORM SEWER IMPROVEMENT PROJECT NO. 1978 -19 AND STREET GRADING, BASE AND SURFACING IMPROVEMENT PROJECT NO, 1978 -20 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Celia Scott introduced the following resolution and NO. 78 -102 moved its adoption: RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT PROJECT NO. 1978-21, SANITARY SEWER IMPROVEMENT PROJECT NO. 1978 -22, STORM SEWER IMPROVEMENT PROJECT NO. 1978. -23, AND STREET GRADING, BASE AND SURFACING IMPROVEMENT PROJECT NO. 1978 -24 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Bill Fignar introduced the following resolution and NO. 78 -103 moved its adoption: RESOLUTION ESTABLISHING SANITARY SEWER IMPROVEMENT PROJECT NO. 1978 -25, STORM SEWER IMPROVEMENT PRO- JECT NO. 1978 -26, STREET GRADING, BASE AND SURFACING -23- 5 -22 -78 v f IMPROVEMENT PROJECT NO. 1978 -27 AND CURB AND 1 GUTTER IMPROVEMENT PROJECT NO. 1978 -28 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Tony Kuefler introduced the following resolution and RESOLUTION moved its adoption: NO. 78 -104 RESOLUTION ACCEPTING QUOTATION FOR WATER MAIN IMPROVEMENT PROJECT NO. 1978 -3 ON 70TH AVENUE NORTH FROM JUNE AVENUE NORTH TO FUTURE KYLE AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean 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. Member Celia Scott introduced the following resolution and RESOLUTION moved its adoption: NO. 78 -105 RESOLUTION ACKNOWLEDGING GIFT FROM THE BROOKLYN CENTER WOMEN'S CLUB 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. Member Celia Scott introduced the following ordinance and ORDINANCE further moved its adoption, provided, however, that for the NO. 78 -9 purposes of the minutes of the proceedings of the City Council the text of the ordinance shall be attached to the minutes and be a part thereof: AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY ORDINANCES REGARDING CODE REFERENCES, PERMITS, AND PERMIT FEES The motion for;ahe adoption of the foregoing ordinance was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said ordinance was declare duly passed and adopted. The City Manager reported that the City Council has been. Community Development furnished with a copy of a memorandum from Administrative Funds Assistant Brad Hoffman regarding the use of community development funds by Brooklyn Center. He stated that the memorandum details alternatives and attempts to summarize some of the requirements and the steps we have gone through to come to the conclusion that Brooklyn Center ought-to seek 5 -22 -78 -24- community development funds for the 1979 funding year. The City Manager next reviewed a timetable that must be undertaken by the City in order to successfully complete an application in accordance with federal guidelines. The time- table includes completing an income survey of potential target areas by mid -July, 1978; conducting necessary public hearings to attempt to get public input regarding possible uses of community development funds; entering into joint cooperative agreement with Hennepin County which commits the City to seek community development funds "through the urban county approach by mid - August of this year; and developing a com- munity development housing plan and housing assistance plan in conjunction with the State mandated Land Planning Act by approximately January 1 , 1979. A brief discussion ensued relative to staff assistance provided by Hennepin County through the urban county approach and the costs associated with this staff work which comes from the urban county grant. The City Manager noted that the City would develop its own program under the County criteria but that the final plan is ultimately that of the City of Brooklyn Center as approved by the City Council. Councilmember Scott complimented Brad Hoffman for his fine and informative report. Action to Continue Following further discussion there was a motion by Council- Seeking Community member Kuefler and seconded by Councilmember Lhotka to Development Funds authorize the City Manager to continue proceeding to seek Community Development Block Grant Funds for possible implementation by the City at a future date. Voting in favor; Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unani- mously. Status of Police The City Manager reported that a copy of a summary of a Officer Arbitration portion of the arbitration brief and case presented by management during the hearings for MAMA's police bargaining unit arbitration has been presented to the City Council. He stated that the information indicates basic salary and indirect salary costs and averages for all bargaining units involved In the case and also gives the specific impact on Brooklyn Center. He further stated that the impact is based on demands of Teamsters Local #320 Union and that it should be under- stood that there are many other union demands which increase costs to the City. He stated that the arbitration hearings have been held and are now complete and that it is antici- pated that the arbitrators will render an award sometime between June 15 and July 1, 1978. The City Manager further reported that one of the problems associated with the arbitration, and negotiations in general, among so many communities is that there are a number of differences in the benefits, etc, that are provided within the community. He stated that the union has used the exceptions in various communities that are relatively high as a measure which has resulted in high demands. He also stated that if the arbitrators accept the union's position in this arbitration, wages alone would increase by approximately 24% while the total costs of the demands would be an increase of just over 35% for the City of Brooklyn Center. Joint City Council The City Manager reported that the Joint Brooklyn Center/ Meeting Brooklyn Park City Council meeting is scheduled for Tuesday, June 6, 1978 to be held in the Brooklyn Center City Council -25- 5 -22 -78 Chambers at 7:30 p.m. He stated that an agenda will be prepared beforehand for that meeting. The City Manager reported that the old City Hall and CEAP Old City Hall building has been torn down within the past week. He suggested that the City Council consider the manner in which they wish to dispose of this property and various problems that might be associated with it. He stated that this would be a subject for future Council consideration. The City Manager reported that he has recently had four Industrial Revenue, requests for the City to consider projects which would involve Bonds the use of industrial revenue bonds. He explained that a brief report was given to the City Council last fall regarding industrial revenue bonds, but the Council had taken no action or given any indication that they wished this to be a priority item. He stated that if the City Council wishes, he will make this a priority item for staff review and will look at the use of industrial revenue bonds in terms of a total package for consideration by the City Council. In response to an inquiry by Councilmember Fignar, the City Manager stated that if the City Council is interested in looking further into industrial revenue bonds he will ' develop a report to be given to the City Council possibly in June for further discussion in the fall of this year. It was the consensus of the City Council that the City Manager attempt to make a report available to the Council in June of this year regarding the use of industrial revenue bonds for discussion of the subject in the fall of this yearn The City Manager reported that last week a meeting was T.H. 169 held between the City of Brooklyn Park and MN /DOT about an environmental impact statement for T.H. 169 from the freeway to the proposed North Crosstown area in Brooklyn Park. He explained that funds are not presently being spent on the I -394 project in Golden Valley and the western suburbs and that it is possible that these funds might be available for use on T.H. 169 in this area. He explained further that this is in the preliminary stages and will, in all likelihood, be matter for further discussion at the upcoming joint City Council meeting. Councilmember Lhotka stated that he gets calls periodically Alcoholic Beverages in about the use of alcoholic beverages in City parks. He City Parks explained that some of the inquiries have to do with family picnics and whether or not they are permitted to consume alcoholic beverages in City parks or if they are in violation of the ordinance if they do so. He stated that he would like further information on this ordinance and also information on who can obtain a permit to consume and possess alcoholic beverages in City parks. Motion by Councilmember Scott and seconded by Council- Licenses member Fignar to approve the following list of licenses: FOOD ESTABLISHMENT LICENSE Brooklyn Center National Little League 5520 Lilac Drive North HOUSEMOVER'S LICENSE Ernst Machinery & Housemover's Corp. 9400 85th Avenue North 5- 22-7£3 -26- ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Jaycees 6113 Quail Avenue Nort! (Softball Tournament) Evergreen Park (Softball Tournament) Grandview Park (Softball Tournament) East Palmer Lake Park (Softball Tournament) West Palmer Lake Park RENTAL DWELLING LICENSE Renewal: Miles & Shirley Fiterman Brookdale Towers Apts. Deil Gustafson & Cyril Sheehy 6100 Summit Ave. No. SWIMMING POOL LICENSE Marvin Garden Limited 430 Oak Grove St. Marvin Garden Townhomes 68th & Orchard Ave. No TEMPORARY ON -SALE NONINTOXICATING LIQUOR LICENSE Brooklyn Center Jaycees 6113 Quail Avenue Nort; (Softball Tournament) Evergreen Park (Softball Tournament) Grandview Park (Softball Tournament) East Palmer Lake Park (Softball Tournament) West Palmer Lake Park Voting in favor: Mayor Nyquist, Councilmembers Kuefler, F'ignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Adjournment Motion by Councilmember Lhotka and seconded by Council- member Kuefler to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 12:11 a.m. C erk ,- r i -27- 5 -22 -78