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HomeMy WebLinkAbout1978 06-05 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 JUNE 5, 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 :03 p.m. Roll Call Mayor Dean Nyquist, Councilmembers Tony Kuefler and Cilia Scott. Also present were City Manager Gerald - Splinter, Director of Public Works James Merila, City Attorney Richard Schieffer, Director of Finance Paul Holmlun.d, Director of Planning and Inspection Blair Tremere, Ssperin- tendent of Engineering James Noska, and Administrative Assistants Ronald Warren, Brad Hoffman and Mary Harty. Mayor Nyquist announced that he had been informed that both Councilmembers Fignar and Lhotka would either be late or absent from this evening's meeting due to unavoidable Conflicts. Invocation Councilmember Kuefler offered an invocation. Approval of Minutes Motion by Councilmember Scott and seconded by Council- 5 -22 -78 member Kuefler to approve the minutes of the May 22, 1978 City Council meeting as submitted. Voting in _ favor:- Mayor Nyquist, Councilmembers Kuefler and Scott. Voting against: none. The motion passed. Open Forum 16,ayor Nyquist introduced the first item of business on the uenda, that of the Open Forum. He explained that the O ^cn 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. Ilo recognized Mr. Leo Hanson, 4903..Brooklyn Boulevard, who stated that he wished to discuss Howe, Inc. The City Manager pointed out that there would be a report on Howe, Inc. during the review of an explosives license for that operation later in the agenda. Mayor Nyquist requested • Mr. Hanson to make his comments about Howe, Inc. at that time. Mayor Nyquist recognized Martha Lahti, 4735 Emerson Avenue North, Minneapolis, owner of the property at 5316, 5322, and 5328 Knox Avenue North. Mrs. Lahti stated that the last time the City Co had met they did not approve certain alley paving improvement projects that had been considered because neighboring property owners were opposed. She stated that she hoped the Council would reconsider and reverse its previous decision approving an alley paving improvement project between James and Knox, from 53rd to 54th Avenues North. Councilmember Kuefler responded that the alley paving improvement projects rejected recently by the City Council were somewhat. different than the one that Mrs. Lahti was referring to. He explained that the rejected alley paving improvement projects were City initiated projects rather -1_ 6 -5 -78 than citizen initiated projects. He pointed out that the City had initiated these projects to see if citizens in those areas were interested in the possibility of having their alley paved. In response to an inquiry by Mayor Nyquist, the Director of Public Works stated that if a citizen initiated petition regarding an improvement project is presented to the City that indicates 35% of the affected properties are in favor of a particular improvement project, the City Council must conduct public hearings.. He explained that if those signing the petition represent more than 35 %, but less than 50 %, an extraordinary vote of the Council (four- fifths) must be obtained to order construction of the project. He added that if more than 5096 of the affected property owners sign a petition in favor of the improvement project, then only a majority vote of the City Council is needed to order construction of the project. He further stated that the City Council had voted unanimously to order construction of the alley paving improvement project referred'to by Mrs. Lahti. Mayor Nyquist next recognized Fred Fournier, 4900 Zenith Avenue North, who inquired about the City's Dutch elm • disease tree removal program. He noted that it seemed, in some cases, to take a long time between the time trees were marked for removal and when they actually were removed. The City Manager responded that certain specific notices have to be given to property owners regarding the removal of diseased elm trees He explained that in some cases property owners get rid of their trees sooner than others. He reiterated that - there was a certain sequence and procedure that the City must follow if property owners do not remove trees following the original notice. Mr. Fournier inquired further about the,City's policy for f removing boulevard tress and explained that there was a dead elm on the boulevard, which he thought had died from other than Dutch elm disease, and wondered if the City would haul the tree away` if it was cut down. The Director of Public Works responded that this matter would be looked into further and obtained information from Mr. Fournier regarding the location ` of the tree in question. Mayor Nyquist inquired if anyone else wished to be recog- nized for the open Forum there being none, the Open Forum was closed. Member Tony Kuefler introduced the following, resolution RESOLUTION and moved its adoption: NO 78 -106 RESOLUTION REQUESTING HENNEPIN COUNTY TO APPLY FOR MINNESOTA HOUSING FINANCE AGENCY HOME IMPROVEMENT GRANT FUNDS FOR IMPLEMENTATION WITHIN THE CITY OF BROOKLYN 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 L thereof: Dean Nyquist, Tony Kuefler 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 RESOLUTIOP3 and moved its adoption: NO. 78 -107 -2- RESOLUTION AMENDING THE 1978 GENERAL FUND BUDGET TO PROVIDE FOR WAGE AND SALARY ADJUSTMENTS 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, 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 -108 moved its adoption; RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED 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 & SURFACING IMPROVEMENT PROJECT NO. 1978 -20 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, 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 -109 moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED WATER MAIN IMPROVEMENT PROJECT NO 1978 -21, SANI- TARY SEWER IMPROVEMENT PROJECT NO* 1978 -22, STORM SEWER IMPROVEMENT PROJECT NO. 1978 -23, AND STREET GRADING, BASE & SURFACING IMPROVEMENT PROJECT NO. 1978 -24 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, 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 -110 moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED SANITARY SEWER IMPROVEMENT PROJECT NO, 1978 -25, STORM SEWER IMPROVEMENT PROJECT NO. 1978 -26, STREET GRADING, BASE & SURFACING IMPROVEMENT PROJECT NO. 1978 -27, AND CURB & GUTTER IMPROVEMENT PROJECT NO. 1978 -28 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, 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 -111 moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR WATER MAIN IMPROVEMENT PROJECTS NO. 1978-17 AND J -3- 6 -5 -78 1978 -21; SANITARY SEWER IMPROVEMENT PROJECTS NO. 1978 -I8 1978 -22, AND - 1978 -25; STORM SEWER IMPROVEMENT PROJECTS - NO. 1978 -19, 1978 -23, AND 1978 -26; AND ALLEY PAVING IMPROVE - NT PROJECT NO. 1978 -7A, AND DIRECTING ADVERTISEMENT FOR BIDS (UTILITY CONTRACT 1978 -D) 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 yquisr, Tony Kuefler, and Celia Scott; arld the following voted against the same: none,' whereupon said resolution ,.was declared duly passed and adopted. The City Manager reported that Planning Commission Planning Commission Application No. 77064 submitted by Gene Hamilton Application No 77064 involves an appeal from an administrative ruling regarding (Gene Hamilton) a structural addition at 6230 Lee Avenue North. He noted that the: Planning Commission has determined the structural addition to be a carport while the applicant contends it is a canopy. He explained that another item on this evening's agenda deals with a first reading of an ordinance recom- emended for the purpose of clarifying Chapter 35 regarding carports and canopies. He explained that Mr. Hamilton, the applicant, has requested another opportunity to address the Planning Commission regarding this subject. He recom- mended that the City ,Council defer this matter until such time as the Planning Commission has had an opportunity to consider Mr. Hamilton's request to address that body. Following a brief di --cussion there was a motion by Council- Action Deferring member Kuefler and seconded by Councilmember Scott to Planning Commission defer further consideration of Planning Commission Application Application No. 77064 No. 77064 submitted by Gene Hamilton and a first reading. and a First Reading of an ordinance amending Chapter 35 of the City Ordinances of an Ordinance relative to carports and canopies. Voting in favor: Mayor Amending Chapter 35 Nyquist, Councilmembers Kuefler and Scott. Voting against: none. The motion p, .The City Manager introduced the next item of business, that CEAP of a discussion regarding the City's future relationship with CEAP. He explained that representatives of CEAP have been in touch with him about the possibility of the City giving, some consideration, in terms of either Services or funding, to help CEAP out in continuing its operation. He explained that the City had entered into a contract with CEAP for use of the old City Hall and had appropriated an amount not to exceed $17,000 for upgrading the old City Hall for use by CEAP. He further explained that the City had recently agreed to a final Lnsurance settlement for the fire that destroyed the old City Hull He reported that legal opinions have advised the City that the insurance settlement cannot in full or in part be turned over to LEAP. He pointed out that in the original contract LEAP had assigned all fire loss to the City and, therefore, is not entitled to any remunera . The City Manager reported he would like the City Council to give some consideration to the idea of a contract for service with LEAP, which could assist in the continuation, of that organization. He explained that under the previous contractual relationship the 'City had, in essence, provided office space to CEAP in turn for services provided to this community. He added that following along with this logic it might be worthwhile to consider negotiating a service contract with CEAP to ,provide services to the community for an annual cash payment. He explained that he was thinking in terms of a service contract for a five year period at approximately $25,000 a year. He stated that this could be considered similar to the previous arrangement where the City had provided a building for CEAP. He added that much more detail would need to be worked out regarding this contract for service but the City would be getting out of the tenant - landlord relationship it once had with CEAP. The City Manager also stated that the Council should consider how it wishes to dispose of the site on which the old City Hall was located. He stated that he sees no foreseeable City use of this site and the Council might well want to consider selling the property., A brief discussion ensued relative to the City Manager's report with the City Manager commenting that he would not recommend a long term contract with CEAP and that he is seeking the authorization to enter into negotiations with CEAP regarding a possible contract for service. Council - member Kuefler supported the City Manager's recommendation and added that he felt a service contract approach was a viable alternative. Mayor Nyquist and Councilmember Scott concurred with Councilmember Kuefler, Mayor Nyquist stated that Councilmember Fignar had asked him to inquire regarding the $17,000 cash appropriated by the City for the renovation of the old City Hall for use by CEAP. He inquired-if this had any bearing on the matter. The City Manager responded that both the Cities of Brooklyn Center" and Brooklyn Park had put up an amount of money not to exceed $17,000 for use primarily for material to upgrade the old City Hall for use by CEAP. He stated that LEAP &nd the Jaycees - provided the labor. He noted that the City's insurance on the building had been increased prior to the occupancy by CEAP. He further noted that in the original contract entered into, CEAP had assigned all fire loss to the City. The City Manager continued that prior to the improvements the land on which the old City Hall was located was valued at approximately $85,000. He pointed out that the building itself had a negative effect on the land and that the insurance was increased only after the improvements. The Director of Finance pointed out that the $17,000 appro- priated for upgrading the old City Hall came out of revenue sharing funds and that that portion of the insurance settle- ment must be returned to revenue sharing funds. He explained that this money could then be expended for other revenue sharing uses. Following further discussion it was the consensus of the City Council to authorize the City Manager to enter into negotiations with representatives of CEP to make a recom- mendation regarding a possible contract for service. Licenses Motion by Councilmeanber Kuefler and seconded by Council - member Scott to appr_)ve the following list of licenses: BINGO LICENSE Brooklyn Center Jaycees 8126 France Ave. No. (Jaycee Carnival) -5- 6 -5 -78 i z I CIGARETTE LICENSE y Big -Bi Service Station 5710 Xerxes Ave. No. FOOD ESTABLISHMENT LICENSE" Big -Bi Service Station 5710 Xerxes Ave. No. HOUSEMOVER'S LICENSE Garrison Housemover's 4420 Garrison Lane ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Jaycees 6113 Quail Ave. No. (Softball Tournament - 6/10/78) Evergreen Park (Softball Tournament - 6/17/78) Evergreen Park (Softball Tournament - 6/10/78) East Palmer Park (Softball Tournament 6/17/78) East Palmer Park (Softball Tournament - 6/10/78) West Palmer Park (Softball Tournament - ,6/17/78) West Palmer Park Brooklyn Center Mrs. Jaycees 5646 Girard Ave. No. (Jaycee Carnival) Schmitt -Music Company 2400 Freeway Blvd. MECHANICAL SYSTEM'S LICENSE Designed Air Conditioning Co. 2200 Black Oak Dr. MOTOR VEHICLE DEALERSHIP LICENSE Brookdale Ford, Inc. 2500 County Rd. 19 r OFF -SALE NONINTOXICATING LIQUOR LICENSE Big -Bi Service Station 5710 Xerxes Ave. No. TEMP ON -SALE NONINTOXICATING LIQUOR LICENSE Brooklyn Center Jaycees 6113 Quail Ave, No. (Softball Tournament - 6/10/78) Evergreen Park (Softball Tournament - 6/17/78) Evergreen Park (Softball Tournament - 6/10/78) East Palmer'Park (Softball Tournament - 6/17/78) East Palmer Park (Softball Tournament - 6/10/78) West Palmer Park (Softball Tournament - 6/17/78) West Palmer Park Brooklyn Center Jaycees 8126 France Ave. No. (Jaycee Carnival) Voting in favor Mayor Nyquist, Councilmembers Kuefler and Scott. Voting against: none. The motion passed. The City Manager reported that he had an invitation from a War on Noise Mr. Kiecker of the City of Minneapolis Pollution Control Agency that Brooklyn Center become involved in a. "War on Noise" Campaign. He explained that Brooklyn Center has been asked to join the Cities of Minneapolis, St. Paul,, St. Louis Park and Bloomington to participate in an effort to combat noise. He stated that there will be much publicity of the campaign and, as he understands, it will involve some work on the part of the City Sanitarian and possibly designating a police officer to work approxi- mately one -half day a week for about one month to participate in this effort. 6 -5 -78 -6 A brief discussion ensued relative to the City Manager's report with Councilmember Kuefler stating that he favors being involved in such a program provided it is only for this summer. He explained that he does not favor an ongoing program of this type and would not be in favor of the Council making such a commitment at this time, until the program could be looked at further in terms of its effective- ness. He stated he supported being involved in the program this summer. Mayor Nyquist recognized Mrs. Virgil Anderson, 4912 Zenith Avenue North, who stated that there is much noise associated with the Soo Line switching Yard: in Brooklyn Center. She wondered if the War on Noise Campaign could look into this matter. The City Manager responded that to the best of his knowledge the War on Noise Campaign involved primarily loud noises on streets such as mufflers, loud motorcycles, etc. He pointed out that the railroad noise problem could be looked into further. Fred Fournier, 4900 Zenith Avenue North, also commented on the Soo Line noise problem. He explained that it was his understanding that Soo Line officials had indicated the noise associated with switching railroad cars would be confined primarily to their yard, The City Manager responded that this matter would also be looked into further. Action Authorizing Following further discussion there was a motion by Council - Participation in War member Kuefler and seconded by Councilmember Scott to on Noise Campaign join the Cities of Minneapolis, St. Paul, St. Louis Park, and Bloomington in the "War on Noise" Campaign with the understanding that this authorization involves participation in the program for this summer only and that further participa- tion, if the program is to be an ongoing program will be based on a review of the program's effectiveness this year. Voting in favor: Mayor Nyquist, Counctlmembers Kuefler and Scott. Voting against: none. The motion passed. Recess The Brooklyn Center City Council recessed at 7 :50 p.m. and resumed at 8:07 p.m. Continued Public The City Manager reported that the public hearing for Alley Hearing on Alley Paving Paving Improvement Project No. 1978 -7, which comprehends Improvement Project alley paving between Humboldt and Irving Avenues North No. 1978 -7 from 53rd to 54th Avenue, was continued by the City Council from the May 22, 1978 meeting. He explained that the hearing was continued because there seemed to be some interest in the alley paving project on the part of residents in that area and an opportunity was given for a petition to be circulated in that area He stated that since the last City Council meeting a petition has been received from 57% of the property owners requesting the installation of the alley. The Director of Public Works proceeded to review Alley Paving Improvement Project No. 1978 -7 and showed a transparency indicating the location of the project. _ 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 14 foot right -of -way and $12.50 per assessable foot for a 30 foot right -of -way. He stated that a Mr. Fred Albright, 5344 Irving Avenue North, had circulated a petition in the area since the last City Council meeting. He noted that 57% of the affected property owners had signed in favor of the improvement project while 39% of the affected property owners were opposed to the project. -7- 6 -5 -78 Following a brief discussion Mayor Nyquist opened the Public Hearing 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 the majority of the property owners affected by this improvement project were in favor of it. He also commented that it was his opinion that the lack of persons in attendance to speak on this improvement project, indicated support for it rather than opposition to it. Motion by Councilmember Scott and seconded by Council- Close Public member Kuefler to close the public hearing on Alley Paving Hearing Improvement Project No. 1978 -7, Voting in favor: Mayor Nyquist, Councilmembers Kuefler and Scott. Voting against: none. The motion passed, Member Celia Scott introduced the following resolution and RESOLUTION moved its adoption: NO. 78 -112 ALLEY PAVING IMPROVEMENT PROJECT NO. 1978 -7 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, 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. 78113 RESOLUTION APPROVING PLAN AN N S DSP EG SPECIFICATIONS IF C T O FO R STREET GRADING, BASE & SURFACING IMPROVEMENT PROJECTS NO. 1978 -20, 1978 -24 AND 1978 -27; CURB & f GUTTER IMPROVEMENT PROJECT NO. 1978 -28;' STREET GRADING, BASE & SURFACING & CURB & GUTTER IMPROVE- MENT PROJECT NO - • T' . I978 2, ALLEY PAVING IMPROVEMENT PROJECTS NO. 1977 -13 1977 -22, AND 1978 -7B AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1978 -E) 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, 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 o €business, Planning Commission that of Planning Commission Application No. 78023 Application No. 78023 submitted by Brooklyn Center Industrial Park, Inc. He (BLIP) stated that this item was tabled by the City Council on May 22, 1978 because the applicant was not present at that meeting. The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 78023 and the Planning Commission action at its May 11, 1978 meeting. He stated that the City Council had reviewed and approved an application for a special use permit and site and building plan approval for a bowling alley to be located on Freeway Boulevard, east of Shingle Creek Parkway, at its May 8, 1978 meeting. He continued that approval of the bowling establishment and restaurant had been exclusive of consideration of a proposed game room /recreational facility which is 6 °5 -78 -8- the substance of this application. He explained that consideration of the proposed game room /recreational facility` had been held out to provide an opportunity to review the management and the operation of the proposed facility and that this is consistent with past City Council practice. ` The Director of Planning and Inspection stated that the applicant had submitted a .letter to the file outlining the management policies of the recreational facility. He explained that the recreational facility would be incidental to the primary use of the establishment and that the building was well designed for better control of the proposed recre- ational games. A brief discussion ensued relative to Application No. 78823 with Councilmember Kuefler commenting that his main concern is that the applicant post the rules and regulations associated with this use so that patrons are very much aware of them The Director of Planning and Inspection responded that the applicant's letter discusses the proposed rules for the operation and that the applicant is very much aware of the City's curfew ordinance. Councilmember Scott suggested that the Director of Planning and Inspection provide the applicant with a copy of the Piccadilly Circus house rules for his review. The Director of Planning and Inspection responded that he would and added that the applicant is well aware that good, adult management and full -time super - vision of the game room facility is what is needed to make this operation successful. Councilmember Scott stated that there are two things which she likes about the plans she has seen for the proposed bowling alley, restaurant, and liquor lounge; that being that the game room is out in the open end that the nursery,is away from the liquor lounge. Public Hearing Mayor Nyquist opened the meeting for purposes of a public hearing on. Planning Commission Application No. 78023. No one spoke relating to the application. Mayor Nyquist next recognized Mr. Jim Madden, owner of the proposed bowling alley facility. Councilmember.Kuefier inquired of Mr. Madden if he had other operations with similar game room facilities. Mr. Madden responded that he did and that he has not experienced any major difficulties with these operations. He explained that the game room facility is secondary to the primary business of a bowling alley establishment and that it was to the advantage of the management to keep, the electronic games under control so that bowlers would not be disturbed. He pointed out that the games could be controlled by a master switch located at the main counter and that they could be shut down if there are any problems The City Manager stated that the City Council, approximately six months ago, had considered_insituting a pinball machine license but had deferred further consideration of this license to give operators the opportunity to show that they can handle the associated problems. He noted that the City has in the past experienced some problems with game room facilities such as this, and noted that the operations that have been successful have provided good management and supervision of these facilities. He stated he wanted the applicant to be very much aware of the City Council's concern over this type operation. Close Public Hearing Motion by Councilmember Kuefler and seconded by Council- member Scott to close the public hearing on Planning Com- -9- 6 -5 -78 mission Application No. 78023, Voting in favor: Mayor Nyquist, Councilmembers Kuefler and Scotc. Voting against: none. The motion passed. Following a brief discussion there was a motion by Action Approving Councilmember Kuefler and seconded by Councilmember Planning Commission Scott to approve the special use permit under Application Application No, 78023 No. 78023 submitted by Brooklyn Center Industrial Park, (BLIP) Inc., relative to electronic and mechanical games subject r to the fol- lowing conditions: 1 A special use permit is issued to the owner as operator and is not transferable. 2. The use is subject to all applicable ordinances and regulations, including special licensing requirements, and violation thereof shall be grounds for revocation of the permit. . 3 , House rules and hours of local curfew regulations shall be clearly posted in the establishment -.and shall be rigorously enforced. 4. Provisions shall be made for a bicycle parking rack located in a manner approved by the Planning and Inspection Department, 5. The special use shall be subject to review on an annual basis Voting in favor: Mayor Nyquist, Councilmembers Kuefler and Scott. Voting against: none. The motion passed. ' The City Manager stated that the next item of business f Planning Commission for City Council consideration was that of Planning Application No. 7802 Commission Application No. 78029 submitted by (Meadow Corporation) Meadow Corporation, He explained that the applicant is not yet present and recommended that the City Council defer further consideration, of this application until later in the meeting. The City Manager introduced the next item of business on Explosives License the agenda, that of a recommendation that an explosives for Howe, Inc, license for Howe, Inc, be authorized by the City Council. He explained that a letter had been received from Howe, Inc. requesting a license be issued in accofdance with Section 35 =413, paragraph 2 of the City Ordinances. He stated that in addition to this licensing, requirement, the Police Chief is empowered under State Statute to issue a permit for the handling and use of dynamite He pointed out that because the City Council issues a license, the Police Chief has been instructed to hold off issuance of .the State permit until the Council has reviewed the license request. He noted that the State permit is designed to keep t -e storage and use of dynamite in the hands of people who will use it correctly and not for illegal purposes He reported that the licensing requirements under City ordi -- nance -are directed at assuring that the use of dynamite will be in such a manner as to not be a nuisance or a danger in the community. He explained that the dynamite is used by Howe for removing material that sticks to the upper area of the fertilizer bins and must be shook loose for safety purposes. The City Manager further reported that within 'the last few months 'the City has been reviewing the activity at 6 -5 -78 -- - -10m- Howe, Inc. with regard to complaints from the neighborhood of smell, dust and particulate matter in the air. He stated that a meeting was recently held with the Minnesota Pollution Control Agency (MPCA) regarding these problems and indica- tions are that Howe, Inc. will execute a stipulation agree- ment with MPCA for abating nuisances on the site by August 15, 1978. He explained that the stipulation agree- ment, presently being negotiated with Howe, Inc., will develop and commit Howe to a plan for abating nuisances in the neighborhood which deal with the odor from the plant's ammoniating operation, particulate matter from the plant, and dust from the site operation stirred up by such equipment as trucks, loaders and other vehicles. He added that the City has been informed by the MPCA that Howe has hired a reliable, competent consultant and is working very closely with MPCA in developing a schedule for abating the nui- sances which have plagued the neighborhood for a number of years. He recommended that approval of the dynamiting license be through March 1, 1979 provided Howe, Inc. has signed and agreed to a ptipulation agreement for abating nuisances on the site with the MPCA before August 15, <1978. He explained that if the stipulation agreement is not signed on or before August 15, the dynamiting permit shall be subject to Council review and termination after that date. The City Manager also recommended that the approval of the dyna- miting license be conditioned on the fact that Howe, Inc. also agrees to follow general industry and governmental safety standards and regulations as approved by the Chief of Police for use, handling and storage of dynamite. The City Manager further reported that on May 22 and �3, 1978 a sound level meter reading test was conducted to demonstrate the effects of dynamite blasting of fertilizer bins at the Howe, Inc. plant. He explained that the blast location was the south building at the plant and that the monitoring location was a telephone pole at the rear of the house adjoining the Howe, Inc. property on 49th Avenue North. He explained that in the first blast, two sticks of dynamite were used and that there was no detectable noise. He pointed out that a second blast was also monitored and three sticks of dynamite were used and a dull thud, barely detectable, was registered. He stated that on the next day a blast in the last bin by the west door in which two sticks • of dynamite were used and the door left open also registered a dull thud, less than 60 db . - He pointed out that compara- tive readings were made at the homes on the property at 3112 - 49th Avenue North and 3312 49th Avenue North and that background noise, birds chirping, and a light aircraft'' overhead registered as much or more than the recorded blasting. He stated that these tests indicate that the noise complaints associated with Howe, Inc, cannot be attributed to the blasting, at least that blasting observed. He pointed out that railroad noise and activity is noticeable and a potential noise hazard, as is the traffic on Highway 152 and 49th Avenue North. The City Manager also reported that a report of the times during the last few months that Howe, Inc. has dynamited has been supplied to the City Council. He stated that Howe, Inc. is required to report to the Police Department each time they use dynamite and a record has been kept. -11- 6 -5 -78 LL� The City Manager pointed out that the stipulation agreement between Howe, Inc. and the MPCA will establish a schedule of dates for meeting many of the problems and nuisances associated with the plant. He explained that if Howe, Inc, does not abide by the executed stipulation agreement they Y can be subject to a $1,000 a month fine for not meeting this schedule. t Mayor Nyquist noted that there were a number of persons Public Inquiry ` ih attendance this evening that wished to comment on the Howe, Inca operation. He recognized Mr, Leo Hanson, 4903 Brooklyn Boulevard, who stated that dust and other particulate matter from the Howe operation are a source of nuisance to the surrounding neighborhood. He pointed out that he has a corrosive white material on his auto- mobile which comes from the plant and that this material `. is all over the neighborhood. He added that dust from the plant is another big problem and is unbearable. He added that Howe has not repaired the sod on neighboring property which they were required to do last fall. He also complained about the number of trucks using the Howe scale and the associated traffic congestion problem ,, He also noted that various junk and debris has been left on the site and has not been cleaned up, and it was indicated that this would be done last fall. Mr. Hanson also stated that the - hours of operation of the plant are not the same as was indicated previously, and that Howe, Inc. has people working at all hours He stated that he would like to see more teeth in the stipulation agreement and added that the $1, 000 a month fine is only "a drop in the bucket" for Howe, Inc. and that this type fine will not necessarily inspire them to clean up the operation. ; He further stated th :t the problems associated with the plant have been "in r existence for over 20 -years and a lot of promises have been ;made but have not been met. He stated that the City should use the dynamiting license as leverage for gaining compliance in these areas and should also get tough with Howe, Inca if they do not live up to their promises. The City Manager responded that the stipulation agree- ment calls for a $1,000 a month fine if Howe would not live up to the agreement. ' He noted that the City of Minneapolis has issued two tags recently and the possibility, exists, if .Howe does not comply, that action similar to the Fry Roofing Company could be taken against Howe, Inc He stated that he was confident, that State regulations, the stipulation agreement, the fines that could be imposed and the threat of court action will turn things around at the site. Nlr. Hanson stated that he and his neighbors would like some relief from the problems associated with the plant and he noted that the Howe management will do some little things because of the complaints registered but then, over time, they will revert to their old habits ' and the problems continue. He ,concluded by stating that he hopes some long term solutions could be realized regarding the problems at the plant. In response to an inquiry by Mayor Nyquist, the Director of Planning and Inspection stated that last fail, at the time. Howe, Inc. had requested rezoning , a -5 -7€3 -12- of property in the area, there was much discussion regarding the site. He stated that there was debris that had accumu- lated southwest of the main plant building located along and within the railroad right-of-way consisting of machinery, old liquid nitrogen tanks and some railroad related equip- ment. He explained that this debris and junk was to be cleaned up. He stated that this spring review of the site indicated that the quantity of debris had increased from last fall. He stated that he felt the debris and junk should be removed and that the City intends to order it removed under City ordinances. He added that the City is attempting to coordinate and consolidate a number of violations at the plant with the City of Minneapolis rather than to attempt to address these problems in a piece meal fashion, The Director of Planning and Inspection also commented on the sodding problem. He stated that sod was being removed on the R -1 property at the Howe site and gravel was being put in. He stated that the City had ordered this activity to cease and that Howe, Inc. had requested until this spring to do the resodding. > He explained that this situation is also being watched. An unidentified woman disagreed with the comment made regarding the noise associated with blasting. She explained that a few days after the test had been conducted there was z blast that shook her house. She stated that this occurred at approximately 10:03 a.m., two days after the tests were conducted. The City Manager responded that Howe, Inc. is required to report to the Police Department prior to detonating any explosives. He stated that the records do not indicate that blasting was done on that date. He pointed out thzt often railroad cars are banged' to loosen some of the material that sticks and that it was possible that this might be the noise heard by the woman. Mayor Nyquist next recognized Fred Fournier,` 4900 Zenith Avenue North, who stated that he knows railroad cars are banged to loosen some of the stuck material but that there are times that concussions shake the earth. He added that if such a concussion is caused by blasting, then they are probably using more than three sticks of dynamite. The City Manager commented that when the readings were taken at Howe, Inc., only three sticks of dynamite were used. Mr. Fournier also commented that he concurs with Mr. ' Hanson's assessment about the smell, dust and particulate matter that comes from the Howe plant and that this is a source of aggravation for neighboring property owners. He noted that he has spoken with the Howes about these problems and that it seems that they are not interested in being good neighbors Robert Worth, 4901 Zenith Avenue North, stated that there" are "smog alerts" because of the Howe operation and that when these alerts take place parents must bring their children indoors because the pollution is so bad. He stated that he is concerned for the children of the area because of these pollution problems. He also questioned whether or not the person using the dynamite. at the Howe plant was qualified to do so. The City Manager responded that the permit system, under State Statute, was passed because of various dynamiting and terrorist activity. He explained that the purpose of this law is to control who has access to dynamite, what it is used for, and if it is being used properly. He stated that he was not sure if -13- 6 -5 -78 F only one person at Howe, Inc. did all of the dynamiting but that the City as well was concerned about whether or not , persons utilizing it were qualified to do so. Mr. Worth also commented on the fact that railroad cars are being bumped together which causes a loud noise in the area. He stated that it was his understanding that the railroad had agreed to only switch cars in their yard and that this banging would not occur outside of the yard. He added that he would like this matter looked into because it seems that the railroad is not abiding by their agreement. The City Manager responded by asking Mr. Worth, and any of the neighbors, to inform the City when and where this is happening. In response to a Council inquiry, the City Manager stated that the recommendation is that the City Council authorize the issuance' of the dynamiting license through March 1, 1979 with the condition that Howe, Inc. agrees and signs a stipulation agreement with the MPCA by August 15, 1978 to abate nuisances on the site. He further explained that if Howe, Inc. did not execute the stipulation agreement by that date the dynamiting license could be cancelled. He added that through the efforts of the City of Brooklyn Center, the City of Minneapolis, and the MPCA, who are all very concerned about Howe, Inc, meeting the standards outlined in the stipulation agreement, he feels the problems associated with the operation can be addressed. Mayor Nyquist next recognized Arnold Murto, 3205 - 49th Avenue North, who stated that he did not feel dynamiting was necessary to clean the fertilizer bins. He pointed out that Howe, Inc. ;Could make use of vibrating machines which could be used for the same purpo'se'. , The City Manager commented that the City will be looking into this matter as well but pointed out that vibrators also cause noise. IIe explained that Howe, Inc. contends that the best feasible way at the present time is to use explosives. Mayor Nyquist then recognized Virgil Linn, 3112 - 49611 Avenue North, who commented on the conditions in the neighborhood around the Howe plant, He stated that the dust roblem has not of been addressed by Howe, Inc. and that maintenance of the area is necessary, even if black - topping is put down. Mr. Linn commented that he had a number of concerns relative to the Howe operation and the City Manager's report that he wished to comment on He stated that he felt a larger stop sign was needed in the area where trucks leave the Howe plant because not many of the trucks utilizing this exit are stopping at the stop sign. He stated that the fugitive dust problem is of major concern. He pointed out that general contractors on larger jobs are required to water down areas so that dust_ does not become a problem. He pointed out that he had mentioned this to Tom Howe who had informed him that they were thinking of making some permanent improve- ments that would address this problem. Mr. Linn suggested that Howe be required to water down these dust areas as an interim measure until the permanent improvements are made. He also questioned the City Sanitarian`s noise test and inquired as to what noise level is considered a nuisance. The City Manager responded that the 'Sanitarian didn't have a ,specific level and that the test was a comparison to other noise levels only. He stated that different noises, 6 -5 -7$ -14- although they register at the same level, can be more aggra - vatinq . Mr. Linn also stated that he hoped that the dynamite used at Howe, Inc. was stored in a safe place. The City Manager commented that this is a requirement of the licensing. Mr. Linn further stated that he has a letter written last fall when the Council considered the request for rezoning of the property. He stated that the letter indicates the hours of operation and that this does not correspond with the hours of operation and activity presently being carried on at the Plant. He noted that there is a lot of activity at all hours of the day and night even though the plant itself might not be in operation. He stated that this too was a source of aggra - vation for persons living in the neighborhood. Mr. Linn also commented that, in all fairness to Howe, Inc., dyna- miting on the site has not been one of his biggest concerns. He noted that it has not bothered him personally but it might bother many of his neighbors. He also commented that the Howe's business and activity will drop off substantially prior to August 15 and that he was concerned that there might be the feeling that there is no problem because of this - lesser activity. The City Manager responded that the Howe opera - tion is constantly being reviewed and that there are films of the operation at the busiest times He noted that Howe would be required to start up its operation for testing the equipment that would be installed to combat the pollution problems. He pointed out that the August 15 date is the date on which Howe must execute a stipulation agreement with the MPCA or the dynamiting license could be revoked. He noted that one of the stipulations in the stipulation agree - ment would deal with the fugitive -dust problem and that this *gill be monitored 'in , the future as well. Mr. Linn concluded his comments by stating that he hopes the City Council and the City Manager will keep on top of the problems associated with the Howe operation and also keep the items that he has mentioned in mind if the City Council issues the dynamiting license. The City Manager noted that the dynamiting license is an annual type license and that renewal of it would be in March, 1979. In response to an inquiry by Councilmember Kuefier, Mr. ` Fournier stated that the major activity for the Howe operation is between February until approximately the 15th of June. Also in response to an inquiry by Councilmember Kuefier, Mr. Hanson stated that trucks of all kinds use the Howe scale and that the scale is not limited to only weighing Howe vehicles. The Director of Planning and Inspection commented that it was not until Mr. Hanson had brought it to our attention that the City was aware that the scale was open to other trucks. He pointed out that truck scales are not common in the area, and that because of this the Howe scale is frequently used by other trucks as well. In response to an inquiry by the Mayor, the City Manager stated that it is recommended that the dynamiting license be authorized based on the condition that Howe, Inc. executes a stipulation agreement with the MPCA` by August 15. He stated that some progress is being made at the Howe site and that it is expected that this effort will continue.. Councilmember Kuefler stated that he agreed with the City Manager that the execution of the stipulation agreement between Howe, Inca and the MPCA should address a number, -1s- 6 -5 -78 of the nuisances such as the odor from the plant's ammoniating operation, particulate matter from the plant, and dust from the site caused by equipment and other vehicles. He added, however, that he feels Howe, Inc, owes the City, as well as the neighboring property owners, some considerations at this time.. He stated that the questions raised regarding the junk and debris on the property that were to have been removed by Howe and the sodding that has still not been laid on the R -1 property adjacent to the plant as was .indicated would be done this spring, should be addressed immediately. He stated that parking is another concern, as well as the operation of the truck scale. He pointed out that 'possibly it should be required that the area around the truck scale be blacktopped because, obviously, it is being used by more than just trucks from the Howe opera - tion .< He suggested that the dust problem could be addressed on an interim basis by watering down the area until some Permanent improvements could be made. He added that he would like to see some evidence that these things are being addressed or have been taken care of. Councilmember Scott commented that it has been her experi- ence that Howe, Inc. can make various promises that certain things will be done but that in many cases these things are slowly, or never accomplished. She pointed to the debris and junk problem and stated that these things were to be cleaned up but were not. She suggested that the Council consider giving Howe, Inc. 30 days as a deadline to accomplish some of the things and to use the dynamiting license as leverage. She noted that by August 15 it might be too late to.get some of these items accomplished this year. Further discussion ensued relative to the explosive'license for Howe, Inc. with ft being agreed tMt the sodding on r the residential property adjacent to the Howe plant, that the debris and junk located along and within the railroad right- - of -way on the Howe property and the parking problems be cleared up by the end of Tune and that these be added to the conditions of approval of the explosive license. Regarding the matter of an interim measure for addressing the fugitive dust problem, it was suggested that Howe attempt to water down the problem areas. Councilmember Scott requested the City Manager to check with the MPCA regarding standards for controlling vibrations and to also check with the MPCA regarding the responsibility for damage being done to personal property be of air pollution and particulate matter surrounding the Howe property. Following further discussion there was a motion by Council- Action Authorizing member Kuefler and seconded by Councilmember Scott to the Issuance of An authorize the issuance of .a dynamiting license for Howe, Inc. Explosives License through March ,1, 1979 subject to the following conditions: for Howe, Inc. I If Howe, Inc. has not signed and agreed to a stipulation agreement for -abating nuisances on the site with the MPCA before August 15 1978, the dynamiting permit shall be subject to Council review- and termination after that date:. 2. Howe, Inc. agrees to follow general industry and governmental safety standards and regulations as approved by the Chief of Police for the use, handling and storage of dynamite. 6 -5 -78 -16- °p 3 . The following conditions shall also be met by June 30, 1978: a • Remove gravel and provide viable turf on proper- -dirt base at 3129 and 3135.- 49th Avenue North as per compliance order issued by the Planning and Inspec- tion Department. b. Remove junk and debris from the property, in parti- cular in the area southwest of the building along and within the railroad right -of -way. c. Compliance with ordinance standards relative to the location of parking on the site. Voting in favor: Mayor Nyquist, Councilmembers Kuefler and Scott. Voting against: none. The motion passed. Planning Commission The City Manager introduced the next item of business on the Application No. 78029 agenda, that of Planning Commission Application No. 78029 (Meadow Corporation) submitted by Meadow Corporation. The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 78029 and the Planning Commission action at its May 11 and May 25, 1978 meetings He stated that the applicant was seeking site and building plan approval of the third development phase of "The Ponds" planned residential development. He reviewed a transparency showing the location and config- uration of the property in question and stated that the original master plan for this development had been approved by the City Council on October 18, 1976'under Planning Commission Application No. 76011. He stated that site and building plans had been approved for Phases I`and II in early 1977 and that Phases I and II had been replatted into townhouse -lots and common areas while the remainder of the site was platted into large outlots The Director of Planning and Inspection reported that the proposed third development phase consisted roughly of what is known as Phases VII and VIII on the master plan. He explained that the applicant made changes in the shape and boundaries of the original approved phases, and that part P e under this proposal, o a VIII not developed f Phase would o e e e e P P P , • but would be tied in with Phase VI. He stated that the site would be replatted, and that the land on the north side of Shingle Creek would be included in Phase VI so as not to create a landlocked parcel. He commented that the bulk of the project is two unit condominiums, similar to town- houses, and each unit can be individually owned. He stated that the initial financing contemplates rental units but could later be incorporated into The Ponds Homeowners Association and individually sold. He stated that the change in the plans involved the very north end of the project which contemplates a reconfiguration of the phase lines. He noted none of the phases will exceed the densities for the project. The Director of Planning and Inspection next reviewed the site plans and building plans for the project, noting that there would be 112 townhouses contained in three or more horizontally attached units. He added that the developer has presented an alternative offstreet parking plan that is superior to the original plan submitted. He commented on -17- 6 -5 -78 the landscaping scheme and noted that it was consistent with the master plan for the development and with ordinance standards. Mayor Nyquist recognized Mr. Kent Davidson, an architect representing the applicant, who reviewed the site plan of the development. He noted that there would be four play areas of the tot lot variety and that they would be located in such a manner that would preclude the crossing of streets by children to get to these recreational areas. Mayor Nyquist then recog- nzed Mr. Duane Dietrich, the applicant, and a brief discussion ensued relative to the application. Mr. Dietrich commented on the platting and stated that they could at some future time become condominiums individually owned by the residents. He explained that for financing reasons it was contemplated that at this time they be rental units. He noted that in the new plan the buildings have been 'moved around somewhat but he feels he is abiding by the original master plan for the development. He added that they will be providing only two units less than that comprehended on the original master plan, and that they have taken out two ponding areas. He explained the reason for removing the ponding areas was to provide better parking areas and also because it has been determined that there are false bottoms in some of the places intended to be ponding areas. Mayor Nyquist opened the meeting for purposes of a public Public Hearing } , ",,hearing on Planning Commission Application No. 78029. No one spoke relating to the application. Motion by CoVncilmember Scott; and seconded by Council- Close Public member Kuefler to close the public hearing on Planning Hearing "Commission Application No. 78029. Voting in favor: Mayor !,Nyquist, Counc <ilmembers Kuefler and Scott. Voting against: none. The motion passed.,- r . Pbllowing a brief discussion there was a motion by Council- Action Approving member Scott and seconded by Councilmember Kuefler to Planning Commission approve Planning Commission Application No. 78029 submitted Application No. 78029 ► Meadow Corporation subject to the following conditions: (Meadow Corporation) 1 . Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2.. Grading, drainage, utility and bermfng plans are subject to approval by the City Engineer prior to the issuance of permits. 3. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure comple- tion of approved site improvements. 4 4. The sites of the proposed development shall be subject to replatting prior to occupancy of any units therein. 5. Development of this portion of the planned residential development shall also be subject to applicable con- ditions of the original development approved by the City Council on October 18 1976 under Application No. 76041. 6 Viable turf, such as sod or seed, shall be provided for all open areas in accordance with approval by the City. =5 -78 -18- Voting in favor: Mayor Nyquist, Councilmembers Kuefler and Scott. Voting against: none. The motion passed. Adjournment Motion by Councilmember Kuefler and seconded by Council - member Scott to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler and Scotto Voting against: none. The motion passed.. The Brooklyn Center City Council adjourned at 10 :27 p.m. Clerkor e -19- 6 -5 -78