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HomeMy WebLinkAbout1977 11-14 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 NOVEMBER 14, 1977 CITY HALL Call to Order The Brooklyn Center City Council met in regular session and was called to order by Mayor Philip Cohen at 7 :30 p.m. Roll Call Mayor Philip Cohen, Councilmen Tony Kuefler, Bill and Gene Lhotka. 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 Admini. strative Assistants Ronald Warren and Brad Hoffman. Mayor Cohen reported that Councilman Britts might be late to this evening's meeting. Councilman Britts arrived at 7:31 p.m.- Approval of Minutes Motion by Councilman Kuefler and seconded by Councilman 10 -3 -77 Lhotka to approve the minutes of the October 3, 1977 City Council meeting as submitted. Voting in favor: Mayor Coher. , Councilmen Britts, Kuefler, and Lhotka. Voting against: none. The motion passed unanimously. Councilman Fignar abstained as he was not at that meeting. Approval of Minutes Motion by Councilman Lhotka and seconded by Councilman 10 -24 -77 Fignar to approve the minutes of the October 24, 1977 City Council .meeting as submitted. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Approval of Minutes Motion by Councilman Kuefler and seconded by Councilman 11 -8 -77 Fignar to approve the minutes of the November 8, 1977 special City Council meeting as submitted. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka; Voting against: none. The motion passed unanimously. Acknowledge Receipt The City Manager introduced the first item of business on of Petition t dab stating that the City has received a petition he agenda s p g Y g Y circulated by Dr. C. A. Pierach, 6930 Willow Lane North, regarding the need for safe pedestrian crossings and traffic signals along T.H. 169. He explained a letter has been sent to Dr. Pierach informing him of a similar petition receive- by the City Council and the action taken by the City Council to request the Minnesota Department of Transportation to install traffic signals on T.H. 169 at 66th Avenue North, 69th Avenue North and 73rd Avenue North. He recommended the City Council acknowledge receipt-of the petition. Following a brief discussion there was a motion by Council- man Britts and seconded by Councilman Fignar to acknowl- edge receipt of a petition circulated by Dr. C. A. Pierach, 6930 Willow Lane, relative to the need for safe pedestrian crossings and traffic signals along T.H. '169. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Lhotka. Voting against: none. The motion passed unani- mously. -1- 11 -14 -77 ..`s a point of information Mayor Cohen stated he has received ;correspondence from Mr. Arnie Foslien regarding the develop - A,ent of a Traffic Safety Advisory Committee which had been 3reviously discussed by the City Council. He explained that Mr. Foslien has recommended the Traffic Safety Advisory Committee in Minneapolis be utilized as a model for the one ._proposed in Brooklyn Center. Mayor Cohen commented he has discussed the formulation of such a committee with judge Johnston who has indicated that he would be willing to assist in the formulation of such a committee in Brooklyn Center. He reported he would have more information regarding such a Committee at the next City Council meeting. 'he City Manager reported it was intended that the final plat Final Plat `'or the Berean Addition,. located at 6625 Humboldt Avenue ',, orth, be before the Council at this evening's meeting. He explained that the final plat is not available this evening and will be before the City Council at a subsequent Council meeting. Motion by Councilman Fignar and seconded by Councilman Subdivision Bond 3ritts to authorize release of a subdivision finanical guaran- Release ( Brandvold gee in an amount of $500 for the Brandvold Aldrich Addition Aldrich Addition) 'orated at 6107 Aldrich Avenue North on the basis of obliga- dons being satisfied. Voting in favor: Mayor Cohen, Council ien Britts, Kuefler, Fignar, and Lhotka. Voting against: none. i`he motion passed unanimously. /lotion by Councilman Lhotka and seconded by Councilman Subdivision Bond f3ritts to authorize release of a subdivision financial guaran- Release (Centaur gee in an amount of $3,750 for the Centaur Addition located Addition) at 67th and Emerson Avenues North on the basis of obligations being satisfied. Voting in favor: Mayor Cohen, Councilmen 3ritts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. -lotion by Councilman Lhotka and seconded by Councilman Action Authorizing the 3ritts to authorize the Mayor and the City Manager to execute Execution of an Agree- a standard utility inspection and maintenance agreement with ment Y p g Sheehy Properties, Inc.. regarding the property on which the , Ground Round Restaurant is located. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Doting against: none. The motion passed unanimously. 'Aotion by Councilman Fignar and seconded by Councilman Action Authorizing the Kuefler to authorize the Mayor and the City Manager to execute Execution of an Agree- a standard utility inspection and maintenance agreement with ment Plitt North Central Theaters, Inc. to provide service to the Ground Round Restaurant across a portion of the theater. property. Voting in favor: Mayor Cohen, Councilmen Britts, .uefler, Fignar, and Lhotka. Voting against: none. The !notion passed unanimously. wlotion by Councilman Lhotka and seconded by Councilman Action Authorizing the Britts to authorize the Mayor and the City Manager to execute Execution of an Agre a standard utility inspection and maintenance agreement with ment Dayton Development Company to provide utility service to the Ground Round Restaurant across a portion of the Dayton Develop- ment Company property, Voting in favor: Mayor Cohen, Council - men Britts, Kuefler, Fignar, and Lhotka. Voting against: none, The motion passed unanimously. 11 -14 -77 -2- RESOLUTION Member Maurice Britts introduced the following resolution NO. 77 -223 and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF REPAIR OF A 150 HP ELECTRIC MOTOR 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: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Waste Water Restric- The City Manager introduced the next item of business on the tions and Limitations agenda, that of a resolution objecting to consideration of waste water restrictions and limitations to the Metropolitan waste water treatment plant at Pig's Eye Lake. He explained that the Minnesota Pollution Control Agency is giving con- sideration to creating a moratorium on additional sanitary sewer hookups and additional flow of sanitary sewage to the Metropolitan treatment plant because of the failure of the Pollution Control Agency to extend the Metropolitan Wa ste Control Commission's operating permit beyond July 1, 1977. The Director of Public Works further reviewed the matter and stated the Metropolitan Waste Control Commission is under- taking a vigorous campaign to clean up waste water and sludge is deposited into the Mississippi River. He explained that'.they have applied for an interim permit from the Minnesota Pollution Control Agency to continue with this operation. He further explained the permit has not been extended because of the Metropolitan Waste Control Commission's noncompli- ance with the Environmental Protection Agency's restrictive standards for discharging of sludge into the Mississippi River. He reported the State hearing examiner's office is currently holding hearings on the renewal of this permit and explained approximately 75 - 80% of the Metropolitan area waste discharge goes to the Pig's Eye treatment plant. A possible moratorium would have a drastic effect on the Metro- politan area in particular. He further reported the resolution recommended to the Council indicates that the permit hearing notice did not include reference to the possible sanction of a moratorium on additional sanitary sewer hookups and addi- tional flow of sanitary sewage to the treatment plant. In response to an inquiry by Councilman Fignar, the Director of Public Works stated the effect of the moratorium would be to deny any more sanitary sewer and storm sewer hookups in the Metropolitan area because the Waste Control Commission does not presently comply with the standards for discharge into the Mississippi River. He pointed out the Metropolitan Waste Control Commission is in the process of attempting to comply with these requirements but cannot do so immediately because of a delay in construction due to an impoundment of federal funds to be utilized for the project. Mayor Cohen stated he felt the City Council should act on the proposed resolution and also suggested the City might want to look at the possibility of going "to court over this matter if the moratorium is imposed. -3- 11 -14 -77 i Member Bill Fignar introduced the following resolution and RESOLUTION ',owed its adoption: NO, 77 -224 l'['.SOLUTION OBJECTING TO CONSIDERATION OF WASTE- 'dATER RESTRICTIONS AND LIMITATIONS TO THE METROPOLITAN "dASTEWATER TREATMENT PLANT AT PIG'S EYE LAKE The motion for the adoption of the foregoing resolution was my seconded by member Gene Lhotka, and upon vote being i-aken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene ";.hotka; and the following voted against the same: none, , ,�.rhereupon said resolution was declared duly passed and do pted . } /Tember Maurice Britts introduced the following resolution. RESOLUTION nd moved its adoption: NO, 77 -225 -\'ESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) T he, motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being a - en thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene hotka;. and the following voted against the same: none, , °hereupon said resolution was declared duly passed and adopted, lember Bill Fignar introduced the following ordinance ORDINANCE =,nd moved its adoption, provided, however, that for the NO. 77 -17 _purposes of the minutes of the proceedings of the City .:council the text of the ordinance shall be attached to the .. inutes and be a part thereof: N ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES TO REFLECT THE 19 YEAR OLD DRINKING AGE T'he motion for the adoption of the foregoing ordinance was duly seconded by member Gene Lhotka, and upon vote ,)wing taken thereon, the following voted in favor thereof: hilip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: .gone, whereupon said ordinance was declared duly passed and adopted. 9Aember Tony Kuefler introduced the following ordinance ORDNANCE and moved its adoption, provided, however, that for the NO, 77 -18 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 CHAPTERS 19 AND 27 OF THE GITY ORDINANCES ADOPTING BY REFERENCE THE MINNESOTA STATUTES s The motion for the adoption of the foregoing ordinance was (?uly seconded by member Maurice Britts, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted, I1 -14 -77 -4- ORDINANCE Member Gene Lhotka introduced the following ordinance and NO. 77 -19 moved its adoption, provided, however, that for the 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 THE PENALTY SECTIONS OF THE CITY ORDINANCES OF BROOKLYN CENTER TO REFLECT THE CHANGES IN MINNESOTA STATUTES The motion for the adoption of the foregoing ordinance was duly seconded by member Maurice Britts , and upon vote being taken thereon, the following voted in favor thereof:. Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. License Fees The City Manager introduced the next item of business on the agenda, that of an ordinance amendment recommended for the purpose of increasing various license fees. He explained the City Council had indicated its support for an increase in license fees during its deliberation of the 1978 budget. He stated the Council had been furnished with a survey of license: fees charged in other surburban communities and also a recom - mendation regarding increasing license fees prepared by the City Clerk. In response to an inquiry by Mayor Cohen, the City Manager stated the ordinance amendment presented to the City Council this evening is the first public exposure to the recommended license fees. Mayor Cohen suggested a copy of the proposed license fees be forwarded to the Chamber of Commerce prior to the time the Council would hold a second reading on this ordinance amendment. A discussion ensued relative to the recommended license fees with Councilman Kuefler stating by and large the fee amounts recommended are somewhat less than the averages indicated on the license fee survey. The City Manager pointed out that II there has not been a license fee update for quite some time and that, for the most part, the current license fees charged are well below that charged by other municipalities. Council_ man Fignar noted that the proposed fee increases would amour . to an increase in license fee revenues of $16,108 and inquires as to what per cent increase this would amount to. The Director of Finance responded he was not certain what the percentage increase would be but that it would be higher than the percentage increase discussed at the time the 1978 budgEL was being reviewed. He explained the figures indicated durir the budget review were prepared prior to the license fee survE ,, He further explained that generally the license fee recommend: tions are based on the average for license fees charged by other municipalities with the exception of food establishment licenses which are based on the fees charged by the City of Brooklyn Park and the City of Crystal, which participate in a joint powers agreement with the City of Brooklyn Center for sanitarian services. The City Manager pointed out that the approximate $16,000 increase in license fee revenues is somewhat of a "guesstimate" in that it is difficult at this time to determine the number of licenses which would be issued in light of the recommendation that there be licensing - 5- 11 -14 -77 for activities not currently licensed by the City such as mechanical amusement devices, pinball machines and on -sale wine licenses. Mayor Cohen stated he would like a more indepth explanation of the proposed license fee increases at the time the ordinance amendments would be brought before the Council for a second reading. He also requested further information as to whether or not justification for these proposed license increases was due to a corresponding increase in administrative costs and /or services rendered. Following further discussion there was a motion by Councilman ORDINANCE 3ritts and seconded by Councilman Kuefler to offer for first reading First Reading an ordinance amending the City Ordinances regarding various license fees. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. The City Manager introduced the next item of business, that of Public Hearing on a public hearing for Street Surfacing Improvement Project No. Improvement Project 1977 -19 and Curb and Gutter Improvement Project No. 1977 -20. Nos. 1977 -19 and He explained the projects comprehend the reconstruction of 1977 -20 Lyndale Avenue North from 59th Avenue North to a point northerly of 61st Avenue North. The Director of Public Works proceeded to review the proposed .improvement projects and showed a transparency indicating the location of the projects. He stated that the Minnesota Depart- ment of Transportation (Mn /DOT) will eventually be turning Lyndale Avenue North over to the City of Brooklyn Center and that the City Council, by resolution, has indicated that they w 111 accept the roadway if it is turned over as an urban setting street which would include the elimination of drainage ditches on the west side of Lyndale. He added, that for this reason, Mn /DOT will participate in the costs of upgrading the area He further explained that Mn /DOT will participate in the project with respect to the costs for grading and surfacing up to a 32 foot width; curbing on the freeway side of Lyndale, provided there is curbing on both sides; and storm sewer costs based on the contributing area. The Director of Public Works next reviewed various slides depicting the present condition of the area and what it would look like if the project were completed. He also reviewed another transparency showing a cross section of the present grade in the area and the proposed grade if the project were conducted. He stated the total cost for the street surfacing improvement project would be approximately $75,000 with the State's share approximately 82% and the property owner's share approximately $13,000. He reported the estimated assessment rate for the street portion of the project would be $8 per assessable foot plus driveway costs of approximately $125 per each driveway. He explained the total assessment cost for a typical 80 foot lot including the driveway would be $765. The Director of Public Works reported the estimated cost of , Curb and Gutter Improvement Project No. 1977 -20 would be $19,000 with Mn /DOT to pay the cost of curb and gutter on the freeway side of Lyndale Avenue. He explained that the 11 -14 -77 -6 iL assessment rate for property owners would be approximately $6 per assessable foot for a 10 year assessment period. He explained for a typical 80 foot lot the cost would be approximately $480 and the combined total cost for the two projects would be approximately $1 , 245. He added the probable completion date for both improvement projects is July 14, 1978. In response to an inquiry by Councilman Fignar, the Director of Public Works stated the roadway is not necessarily in need of repair, but the basic reason for the construction project is to eliminate the ditch on the west side of Lyndale Avenue prior to the time when the street would be turned over to the City. He pointed out there are various maintenanl cc> problems with the existing ditch and the project would address these problems. Councilman Fignar commented that this project is an opportunity for the City to get an upgrading of the roadway at a reduced cost due to the State participation. Councilman Fignar further inquired if it was possible for senior citizens on fixed incomes to get deferred assessments for this project. The Director of Public Works responded this option is not available at this time but this matter could be taken up by the City Council at the time of the assessment hearing for this project. Mayor stated there has been some Council discussion regarding deferred assessments and the Council has indicated it might consider such an option based on a need factor. Public Hearing Mayor Cohen opened the meeting for purposes of a public hearing relating to Street Surfacing Improvement Project No. 1977 -19 and Curb and Gutter Improvement Project No. 1S-77 -20. He recognized Mr. Clymer, 5901 Lyndale Avenue North, who inquired if he would be assessed for a driveway even though his driveway faces 59th Avenue North rather than Lyndale. The Director of Public Works responded that Mr. Clymer would not be assessed for driveway costs and added only gravel or nonsurfaced driveways would be improved. Mr. Clymer stated that there is an approximate $10,000 difference in the estimated cost for the curb and gutter improvement project and the amount of the assessment for the project. He inquired as to why there is such a difference. The Director of Public Works responded a portion of the project, that being the curb and gutter for the freeway side of Lyndale Avenue North, will be paid by Mn /DOT and does not affect the assessment to affected property owners. RESOLUTION Member Tony Kuefler introduced the following resolution and NO. 77 -226 moved its adoption: RESOLUTION ORDERING STREET SURFACING IMPROVEMENT PROJECT NO. 1977 -19 The motion for _the adoption of the foregoing resolution was duly seconded by member Maurice Britts, and upon vote being; taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -7- 11 -14 -77 %Iomber Bill Fignar introduced the following resolution and RESOLUTION moved its adoption: NO. 77 -227 RE `SOLUTION ORDERING CURB & GUTTER IMPROVEMENT PROJECT NO. 1977 -20 The motion for the adoption of the foregoing resolution was duly seconded by member °Maurice Britts, and upon vote boing taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager reported that at the last City Council Skating Rinks meeting the Council had received a petition from residents and skating rink users in the Happy Hollow Park area requesting reconsideration of the City's action to close a number of skating rinks for the 1977 -78 skating season. He stated the City Council had directed the Park and Recrea- tion Commission to review their recommendation at a public meeting. He explained the Commission had held a special meeting and had reconsidered their earlier recommendation and had developed a new recommendation which recommends opening all the skating rinks and keeping the heat in the warming houses to a minimum level. He added the Park and Recreation Commission had also recommended efforts be made to make the warming house structures more energy efficient and that a long range solution to the energy problem with regard to skating rinks should allow for consideration of alternative energy sources. Councilman Lhotka inquired as to the number of skating rink warming houses that are insulated. The Director of Public Works responded none of the skating rinks initially proposed for closing during the 1977 -78 skating season were insulated. He explained a number of skating rink warming houses that were originally proposed to stay open during the 1977 -78 skating season were to be insulated this year and that other warming houses would be insulated in subsequent years. Mayor Cohen commented that one of the problems in terms of energy loss with regard to skating rink warming houses has to do with the opening and closing of doors which accounts for a tremendous heat loss. He stated he had attended a meeting today relating to energy conservation problems, and that indications were given that the current energy problem may well lead to a system of energy allocation for communities with these communities deciding on their energy priorities. He added it might be beneficial to the City to consider alternative sources for heating these warming houses such as woodburning stoves. He also inquired as to what effect the Park and Recre- ation Commission recommendation would have on the City's 1978 budget. The City Manager responded it is estimated approximately $14,120 would have to be reallocated in the 1978 budget to operate the additional skating rinks recommended for use by the Park and Recreation Commission. He explained this cost reflects additional labor costs for seasonal part -time help to supervise the warming house facilities, the anticipated - costs for heating additional warming houses and also various equipment costs. He further explained this cost figure does not comprehend normal maintenance such as flooding and clearing skating rinks which are labor costs previously budgeted. 11 -14 -77 -$ Councilman Fignar inquired if the Park and Recreation Com- mission had considered the possibility of using volunteers to supervise skating rink warming houses. Councilman Kuefler responded costs for operating the skating rinks was not an issue reviewed by the Park and Recreation Commission in making its decision, but rather the Commission had looked primarily at the issue of energy conservation. He added a number of concerns recently raised and addressed to by the Park and Recreation Commission dealt with citizen concern for the safety of children required to go longer distances and cross heavily traveled streets to get to the various skating rinks previously recommended for operation in the upcoming skating season. He pointed out Brooklyn Center is some- what chopped up in terms of freeways, major highways and heavily traveled streets and persons primarily living in the Happy Hollow Park area and the Riverdale Park area felt it would be hazardous for their children to cross these busy streets in order to get to a skating facility. He pointed out the Park and Recreation Commission recommendation was basically to lower thermostats as low as possible during the upcoming skating season, and to further study and review the matter and look at alternatives for addressing energy conservation problems such as constructing vestibule areas at the entrances to warming houses, insulating warming houses, alternating skating rinks and using alternative energy sources for heating these warming houses. He added the Commission felt not all of the questions raised regarding the operation of. skating rink warming houses had been thoroughly reviewed. He stated he supported the Park and Recreation Commission's recommendation. Councilman Lhotka stated a number of residents have ex- pressed concern over the fact that the thermostats at skating rink warming houses are set too high. He suggested it might be beneficial to install thermostats that are set at a specific heat level which cannot be altered or changed. Councilman Britts commented he has received comments from various citizens that indicate they are concerned about savir.c- energy but would rather see other energy saving matters undertaken by the City which would not negatively affect the children using skating rinks. Action Directing the Following further discussion there was a motion by Council- Preparation of a man Fignar and seconded by Councilman Britts to direct the Resolution City Manager to prepare resolution amending the 1978 budget to reflect the Council's decision to open all skating rinks for the 1977 -78 skating season. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against- none The motion passed unanimously. Recess The Brooklyn Center City Council recessed at 8:43 p.m. and resumed at 9:05 p.m. Planning Commission The City Manager introduced the next item of business on the Application Nos. 77037 agenda, that of Planning Commission Application No. 77037 and 77038 (Howe, Inc.) and 77038 submitted by Howe, Inc. The Director of Planning and Inspection proceeded with a review of the two applications and the Planning Commission action at its August 25 and November 10, 1977 meetings. He stated That Application No. 77037 was a request by the'appli -- cant for rezoning from R -1 (single family residential) to I -2 (general industry) of the two lots immediately west of the -9- 11 -14 -77 ilowe fertilizer site. He r explained that both r p o properties, :addressed as 3129 and 3135 - 49th Avenue North, are owned y Howe, Inc. and each contains a single family dwelling. Ile added the rezoning is to allow some construction on the two properties and that Application No. 77038 comprehends site and building plans for the erection of a new building on the north side of the site parallel to 49th Avenue North; the addition to the west end of the southerly building near the railroad right -of -way; and demolition and replacement of the building at the southwest portion of the site informally known as the "potato shed" . , He further explained the applicant is also proposing paving, curbing, and screening improvements including the installation of the ordinance required buffer zone greenstrips . He commented there are several noncomplying features of the present site because of its existence prior to the adoption of the City's Compre- hensive Plan and zoning ordinances which include the following: the lack of buffer zones or greenstrips wherever industrial uses abut residential uses; a number of non - complying building setbacks; unpaved and uncurbed driving and parking areas; and various unsodded areas. The Director of Planning and Inspection briefly reviewed . the Comprehensive Plan guideline for the southwest area - which specifically states "recognize the existing fertilizer plant and other nonresidential uses located just off Osseo Road next to the Soo Line Railroad, but prohibit any further expansion of their operation. If at all feasible, the eventual relocation of these uses to more compatible sites should be undertaken thereby permitting a rounding out of the existing residential area." He stated a key determination with regard to this application is whether the proposal repre- sented an expansion of the operation or an ugrading of the present site. He reported prior to any rezoning, it would be necessary to review and revise or eliminate the Compre - hensive Plan recommendation which represented an established planning guideline for the neighborhood if it were determined the proposal represented an expansion of the operation and was approved. He reported that the Planning Commission had held a_public hearing on the rezoning request at their August 25, 1977 meeting. He briefly reviewed the comments made at that public hearing. He stated the Planning Com- mission had tabled further consideration of the two applications at its August 25 meeting and had referred the rezoning and development request to the Southwest Neighborhood Advisory Group for review and comment in the context of the Comprehen- sive Plan guidelines and had directed further staff review to secure input from appropriate related agencies, including the State Pollution Control Agency and the City of Minneapolis regarding the pollution control efforts made by the applicant, the existence of any air pollution problems with the operation, and the matter of storage of chemicals and fuel on the site. The Director of Planning and Inspection reported the South= west Neighborhood Advisory Group had submitted a written recommendation to the file in which they did not recommend approval of the rezoning request and did not favor revision of the Comprehensive Plan. He pointed out that the group could not clearly determine whether the request was to "upgrade" or "expand the present operations. He further 11-14-77 -10- reported the applicant had submitted a written response to a variety of concerns voiced by the Planning Commission and that research had been conducted regarding compliance of the Howe operation with pollution control regulations. He stated the Minnesota Pollution Control Agency had confirmed that Howe, Inc. was presently exceeding the capacity of the approved pollution control equipment, but was in the process of arranging for new equipment which presumably would bring the present operation into compli- ance with the regulations. He explained the applicant's letter also indicated the proposed equipment would be installed by July, 1978. He added that a letter had been sent to the Minnesota Pollution Control Agency asking for written verification of whether or not Howe, Inc. complied with pollution control regulations, and that to date no response has been received. The Director of Planning and Inspection next reviewed a transparency showing the location and configuration of the property in question and various slides depicting the area, and a brief discussion ensued relative to the application. He also reviewed the site and building plans relating to the proposed improvements and noted that the Planning Commis- sion had not reviewed these plans in detail because of their recommendation to deny the rezoning request. Mayor. Cohen recognized Mr. Bill Howe, Vice President of Howe Fertilizer, who introduced Mr. James Russell, an attorney representing Howe, Inc. Mr. Russell commented on the letter from the Southwest Neighborhood Advisory Group which recommended denial of the application and quoted the following from that letter; "To upgrade is desirable, if it is part of a plan which improves the visual appearance of the entire plant and property; there has been little evidence demonstrated over the past 20 years or so that the visual appearance and enhancement of the community has weighed on the minds of Howe, Inc, management." He stated this attitude and feeling seemed to be prevalent also in the Planning Commission's review of the applica -tion and its subsequent recommendation for denial. He stated in summary the criticism expressed is based on a dust problem from traffic utilizing the facility, the visual aesthetics of the plant to the neighboring property owners, various piles of material that are stored on the property which are also visibly unattractive to the neighboring property owners, the feeling there is a lack of concern for the neighborhood and neighboring property owners on the part of Howe, Inc. and that these are the primary reasons for denial of the applica- tion. Ie added it is unfortunate there is a lack of trust on the part of the neighboring property owners and that Howe, Inc. is not believed in this case. He stated what is pro- posed for a solution to these dust, pollution, and debris problems is tied into the applicant's request for rezoning. He pointed out with approval of these applications the problems expressed by the neighboring property owners can be addressed. Mr. Russell introduced Bill Kranz, a general contractor, and Bob Kuebelbeck, an architect, retained by Howe, Inc. to develop plans for upgrading the site. Mr. Kranz reviewed an -11- 11- 1r1 -77 - erial photo of the Howe, Inc. property taken in 1971 and co mmonted on bridge construction that had taken place on Osseo Road which forced Howe, Inca to use 49th Avenue North for ingress and egress purposes to the Howe property. iJlr. Kranz stated the proposals to upgrade the plant would. be in line with City requirements and that it is further pro- posed that the "potato shed" be removed from the site and that a new building of "top of the line quality" be constructed. .He also stated the proposal comprehends the building of a machine shed to house some of the equipment that is presently stored outside. Mr. Kuebelbeck commented on the fact the building erected for storage would also serve as both a visual and noise buffer between the property and the neighboring property and would address a number of the problems expressed by the' neighbors regarding the visual effects of the site. He added the initial building would also serve as a buffer and would screen the Howe plant both visually and audibly from 4 9th Avenue North. He added there would be a 100 foot buffer requirement and the applicant also proposes an 8 foot high fence to screen the area. Mr. Kranz added the proposal comprehends the removal of two houses at 3129 and 3135 49th Avenue North. He explained the total cost of the project is estimated at approximately $500,000 and that Mr. Howe is proposing grass, curb and gutter, blacktop and other visual improve- ments at a cost of approximately $100, 000 He stated he melt it was a valid proposal and indicates Mr. Howe's sincerity to improve his plant for the benefit of himself as well as the neighborhood. in response to an inquiry by Councilman Kuefler Mr. Kranz stated the main reason for the expansion of one of the buildings will be to house new pollution control equipment and the expansion is not for the purpose of increasing production or plant capacity. in response to another inquiry by Councilman'Kuefler, the Director of Planning and Inspection stated a portion of one of the buildings would be located on the rezoned property. Mr. Russell stated there is some doubt in the minds of the neighbors living in the vicinity of the Howe plant as to the faith of the Howes in terms of addressing some of the problems associated with the plant. He then reviewed the efforts made by Howe, Inc. relating to pollution control equipment since 1971. He pointed out the total expenditure for Howe, Inc, in terms of pollution control equipment since 1971 has been over $230,000. He added Howe, Inc. has been some - what of a pioneer in pollution control rather than a laggard and cited various examples. He added according to the Minnesota Pollution Control Agency, Howe, Inc. has done everything they are required to do to meet pollution control regulations Mayor Cohen then recognized Mr. R. W. Pearson, of Pearson & Associates, Inc. , an engineering firm retained by Howe, Inc. which specializes in pollution control equipment. Mr. Pearson reviewed the type of pollution control equipment that has been purchased by Howe, Inc. to address the pollution problems associated with the operation. He stated Howe, Inc. has purchased good pollution control equipment and their plans include upgrading their present scrubber which had been purchased in 1974 He noted the Venturi scrubber to be purchased will increase the efficiency for controlling pollu- tion and will be installed by approximately July, 1978. 11 -14 -77 -12 -' A discussion ensued between Mr. Pearson and the City Council relating to pollution control equipment, in particular the equipment used at the site and new equipment proposed for the site. In response to an inquiry by Councilman Lhotka, Mr. Pearson stated the reason Howe, Inc. is purchasing new equipment is to address complaints that there are ammonia smells in the area emanating from the plant. He added, by upgrading the Venturi scrubber the efficiency of that piece of equipment would be increased by approximately 25 30% which would make the system about 90 - 95% efficient. He concluded his comments by stating he feels the equipment proposed to be installed by Howe, Inc. is the best possible system available at this time. Public Hearing Mayor Cohen opened the meeting for purposes of a public hearing relating to Planning Commission Application No. 77037. Mayor Cohen recognized Mary Dodds, 4730 Xerxes Avenue North, Minneapolis, who stated she represents persons living on Washburn, Xerxes, and Vincent Avenues in Minneapolis who are located on the south side of Howe, Inc. She stated although representatives of Howe, Inc. claim they have done much to address the pollution problems associated with the operation, there is still much white dust and the smell of ammonia in the air. She claimed there have been five dynamite blasts within the past week from Howe, Inc. and the operation often disturbs the neighborhood at night. She also complained about truck traffic in her neigh- borhood because of Howe, Inc, and questioned why the operation would put so much money into upgrading its opera- tion if it did not intend to expand its operation. Virgil Linn, 3112 - 49th Avenue North, spoke against approval of the application. He stated although representatives of Howe, Inc. claim they have done much to address the pollu- tion problems associated with the operation, he feels little has been accomplished. He cited numerous examples of dust and ammonia smells comin g from the plant and added he felt the only reason the company has installed any pollution control equipment is due to pressure from the PCA rather than to help out the neighborhood as was indicated. He concluder! by stating he could not support the application in light of the past operation and did not feel it would be worthwhile for the neighborhood to have an expansion of the plant without first addressing the pollution problems. Susan Porsmark, 4944 Zenith Avenue North, complained about the pollution emanating from Howe, Inc. and stated she woull move if expansion of the plant was permitted. p p p Mr. Murto, 3205 - 49th Avenue North, stated he has heard fertilizer chemicals are highly explosive and the storage of these chemicals might be dangerous to the neighborhood. He added based upon the amount of air pollution that has come from the Howe operation, he feels it is possible the operation has bypassed its pollution control equipment on occasion. Mrs. Murto, 3205 - Avenue North, spoke against approva;' of the application and added the location of the Howe plant has a negative effect on the value of their property. -13- 11 -14 -77 I - Leo Hanson, 4903 Brooklyn Boulevard, commented on floating particles that come from the Howe plant and stated this pollution has a detrimental effect on the neighborhood. He stated that he felt the proposal represented an expansion of the plant rather than an upgrading of the plant as indicated by the applicant and the pollution problems associated with Howe, Inc. should be cleaned up regardless of the applicant's proposals for construction or site improvements. Larry Butler, 3201 49th Avenue North, concurred the pollution problems should be solved prior to allowing any expansion of the plant. , Bill Johnson, 4928 Zenith Avenue North, stated he has resided at his current address since 1951 and it was his opinion the pollution problems from Howe, Inc. have not gotten better over time. He expressed the opinion that to permit expansion of Howe, Inc. would only cause more and bigger pollution problems for the area. He spoke against approval of the appli- cation. Mrs. Linn, 3112 49th Avenue North, stated Mr. Howe's attorney had indicated there is a lack of faith on the part of the neighbors regarding Mr. Howe's intentions. She stated Mr. Howe has never spoke to persons in the neighborhood regarding the problems associated with the plant and seems to have no concern for the neighborhood. She stated perhaps the neighborhood is shortchanging itself by opposing expansion of the plant and possible site improvements, but she felt the pollution problems associated with the plant should be addressed prior to approving any expansion of Howe, Inc. Councilman Fignar left the table at 10:57 p.m. and returned at 10:58 p.m. Robert Worth, 4901 Zenith Avenue North, also opposed approval Of" the application and commented on the ammonia smell that emanates from the operation. He also expressed concern regarding a black substance that is stored on the Howe pro- perty and stated children often play in this material. He too stated he felt the pollution problems should be addressed prior to permitting any expansion of the Howe plant. Councilman Britts requested further information or clarification relating to various comments that had been made. He inquired if the plant operates 24 hours a day, if Howe, Inc. was under any court order to clean up its operation, and whether or not the substance in the air, complained about a number of the neighbors is really ammonia. The City Attorney responded he is not familiar with any court orders pertaining to Howe, Inc. Councilman Kuefler inquired of Mr. Linn if the dust mentioned is yard dust or if it is plant dust. Mr. Linn responded there is road dust that emanates from the plant but there is also a dust that emanates from the plant as well. He added just this afternoon there was a cloud of dust which came from the Howe plant Mayor Cohen again recognized Mr. Russell, attorney for the applicant, who stated he was not aware of any court order relating to Howe, Inc. but explained there had been a_ combined City of Minneapolis /City of Brooklyn Center suit in 1957 against Howe, Inc. He stated the case was tried and many of the same charges stated this evening were made at that time. He explained that a judgment 11 -14 -77 -14- was reached which said there was not sufficient evidence Howe, Inc. was causing damage to surrounding properties. He added there was no court order and there has been no subsequent suit. He stated Howe, Inc. has an operating permit from the Pollution Control Agency and has recently passed OSHA inspections. He pointed out he does not doubt the sincerity of the comments made by the neighbors but emphasized a judge could not determine that Howe, Inc. was the cause of these problems. Mr. Russell stated the site of Howe, Inc, is appropriately zoned industrial and the plant has been at that location since 1945. He added there will always be some conflict, as is in the case, when there is residentially zoned property and industrially zoned property in close proximity. He further stated Howe, Inc. is attempting to alleviate as many of these problems as possible and the rezoning and subsequent upgrading of the site will have a positive impact on the neighborhood. Mayor Cohen recognized Mr. Bill Howe, who stated he felt the rezoning action would resolve a number of the problems that have been raised this evening, and the upgrading of the site would be for the betterment of the neighborhood as . well as the entire community. In response to a number of questions or statements made by neighboring property owners, Mr. Howe stated the plant does not run 24 hours a day, they have a PCA permit to operate, have passed recent OSHA inspections and the black material sometimes stored on the site is a cinder and a slag material that is harmless. He added the pollution control equipment they propose to install is the best equipment available and will address the air pollution and other problems cited. He further stated his organization is undertaking these improvements of their own free accord and they are willing to take the necessary steps to correct these problems. A lengthy discussion ensued relative to the application and the various pollution problems associated with the Howe, Inc operation. Councilman Lhotka noted it had been pointed out dynamiting occurs at the plant. He inquired as to the frequency and the reason for such dynamiting. Mr. Howe responded in storing some materials used for fertilizer there is often an overhang created which does.not come down as the material is removed requiring blasting to correct. He pointed out that they have obtafined a permit for such blasting. He added the frequency is difficult to determine and in some cases they are required to do it more often than others. He pointed out that Howe, Inc. uses less than 300 pounds of dynamite per year, which is not considered excessive. Also, in response to an inquiry by Councilman Lhotka, Mr. Howe stated the chemicals stored or used in their operation are not, if properly used, explosive. Further discussion ensued relative to the hours of operation at the plant with Mr. Howe explaining on occasion, approxi- mately two or three evenings a year, trucks will be unloaded in the evening hours. Close Public Hearing Following further discussion there was a motion by Councilman Fignar and seconded by Councilman Britts to close the public; hearing relating to Planning Commission Application No. 7703"" Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. -15- 11 -14 -77 Mayor Cohen distributed copies of an article that had appeared in the Brooklyn Center Post on May 4, 1972, which reported Howe, Inc. was at the time installing pollution control equipment that was expected to elimi- nate the strong ammonia odors and other emissions which were prevalent in the air at the time. He stated it was obvious, based on the comments received this evening, the equipment installed in 1972 had not fully addressed the air pollution problems. Councilman Kuefler left the table at 11:30 p.m. Mayor Cohen continued by stating the City has been handcuffed with regard to air pollution problems until the formulation of the Pollution Control Agency which now regulates such activity. He further stated he felt the Pollution Control Agency should respond to matters put before them. He also stated he was also concerned about comments indicating that Howe, Inc. was dynamiting in the area and added he felt a definite monitoring system should be established to determine the desirability of such activities. He commented he did not feel he could support approval of this application at this time. Councilman Kuefler returned to the table at 11:34 p.m. Mayor Cohen also stated he would like to see a licensing procedure established which would govern, to some extent, the operational aspects of such industries as Howe's. He also commented on complaints regarding vibrations emanating from the Howe site and stated the present City ordinance addresses such nuisances with regard to industrial property in the industrial park, and indicated he felt this should also be so with regard to the Howe plant. He concluded by stating he felt these issues should be addressed prior to consideration of the rezoning request. Councilman Fignar stated he felt there were two separate issues with regard to these applications, one being the rezoning request and the other being the complaints registered by persons living in the immediate area of the Howe plant with regard to air pollu- tion and other problems. He further stated he did not feel much consideration has been given to the merits of the rezoning pro- posal but rather to the other problems. He added he too felt the Minnesota Pollution Control Agency should address the pollution problems that have been cited. Regarding the concerns raised about the Howe's lack of concern for site improvements in the past, Councilman Fignar stated the City presently requires site improvement financial guarantees to assure the completion of various improvements and he felt this would be leverage to assure compliance if the site improvements were approved. He commented he felt the proposed improvements would be beneficial to the neighbor- hood and the possibility exists these improvements would not be realized if the rezoning was not accomplished. He suggested perhaps the City Council should give some incentive to Howe, Inc. to go ahead with these improvements. He again indicated there is also a need to address the pollution problems cited: Mayor Cohen inquired if approval of the rezoning request would require an amendment to the Comprehensive Plan. The Director of Planning and Inspection responded the City Council should make a determination as to whether the proposed rezoning and related site and building plans represent an expansion of the 11 -14 -77 -16- operation or an upgrading of the existing operation. He stated if it is determined it is an expansion the Comprehensive Plan would have to be modified. He added that a key determination in this matter is whether the benefits derived from bringing th( Howe operation into compliance with minimum ordinance standards is more in the public interest than achieving a long term planning goal of phasing out the operation by limiting or even prohibiting expansion such as that proposed. He ex- plained the Southwest Neighborhood Advisory Group, during their review of the request, was not able to determine whether it was ugrading or expansion that was being proposed. He added the Planning Commission had determined the proposal represented an expansion not warranted by the Comprehensive Plan or by the best interests of the community. Councilman Fignar suggested perhaps a compromise was in order stating to not rezone might result in lesser or no improve - ments to the present situation, where a favorable rezoning might allow for substantial improvement and an upgrading of the present situation which would have a positive effect on the neighborhood as well as the community. Councilman Kuefler stated he felt the improvements proposed by the applicant would be of benefit to the neighborhood but the neighbors are very skeptical as to whether or not these improvements would be realized. He further stated one of the rezoning criteria is that a potential rezoning should not discriminate in favor of a particular land owner. He com- mented he felt in this case an action to rezone the property could be interpreted as discriminating in favor of a particular land owner because of the lack of support in the neighborhood for such a rezoning. He added he also felt the neighborhood would support a rezoning if they were convinced it would benefit them, and perhaps the neighborhood could support this application and the subsequent improvements if there was further communication and understanding between the appli- cant and the neighborhood. He concluded by stating at this time the differences between the applicant and the neighbor- hood have not been resolved and that he could not support the rezoning request until there was such a r- esolution. In response to an inquiry by Councilman Lhotka, the Director of Planning and Inspection stated generally the site improve- ment requirements in the present ordinance do not apply to the Howe site because it was in existence prior to the ordi- nance. He added with a change in use or the addition of buildings these site improvements can be required. He pointed out this should not be confused with the fact that Howe must comply with pollution control regulations or other such operational requirements. He explained the zoning control is over site improvements and is not necessarily related to the operational aspects of the plant. In response to an inquiry by Councilman Fignar, the Director of Planning and Inspection stated the Pollution Control Agenc has informed him verbally Howe, Inc. does not meet present PCA regulations but they are in the process of complying with these regulations . He pointed out he has requested the Pollution Control Agency to verify this fact in writing, but they have not as yet done so. -17- 11 -41 -77 Councilman Britts stated he felt the plans for improving the site are well drawn and could be of benefit: to the neighborhood as well as the community. He further stated, however, the air pollution problems associated with the operation are still in existence and are still a nuisance to the neighborhood. He expressed the opinion he had hoped the problems between the applicant and the neighborhood could have been worked out so as to show a unified support for the proposal. He explained there has been some effort put forth by Howe to address a number of the problems associated with the operation but from the standpoint of working with the neighborhood not much has been accomplished. He further stated it was his opinion an attempt on the part of the applicant to address the concerns of the neigh- borhood would indicate an effort on his part to resolve the matter. He added until there is a general consensus that the proposals would be of benefit to the area he could not support the applica- tions . Councilman Lhotka commented that basically there is no coopera- tion between the company and the neighboring residents to solve the problems indicated. He stated he was concerned with the effect the Howe operation has on the residential area and he would welcome the comments from the Pollution Control Agency relative to the Howe operation. He added based on the comments made this evening there does not seem to have been an attempt to establish lines of communications with the neighborhood. He explained he felt the proposals for improving the area were beneficial but he was concerned because of the lack of support for the proposals by neighboring property owners. He concluded by stating he too would like to see the applicant and the neigh - bors get together and resolve their differences and that he could not support the applications under the present circumstances. Tvlayor Cohen stated the City Council could not force the appli- cant and the neighboring property owners to ,get together in an attempt to resolve their differences but the City Council could table further consideration of the applications to give the parties an opportunity to resolve their differences. He stated he felt there was a need for a response from the Pollution Control Agency with regard to whether or not the Howe opera- tion is in compliance with PCA regulations and suggested someone from the PCA be invited to the next City Council meeting to discuss this matter. He added he would like to see further research into the matter of requiring a stack monitoring device for the Howe opeartion which could be monitored by the police department and would indicate when air emissions at the plant reach dangerous levels. He further stated he would also like further research into the possibility of licensing such industries that emit high levels of air pollution or discharge and he would also like I urther information with regard to Howe's dynamiting permit and whether or not ordinance requirements pertaining to noise and vibrations apply to the Howe site. Councilman Fignar stated it seems the City Council is indicating if these matters can be resolved the appli- cant's proposals might be looked upon more favorably. Following further discussion there was a motion by Action Continuing Councilman Kuefler and seconded by Councilman Fignar Planning Commission to continue consideration of Planning Commission Appli- Application Nos. 77037 cation Nos. 77037 and 77038 submitted by Howe, Inc, & 77038 (Howe, Inc.) until the November 28, 1977 City Council meeting to give the applicant and the neighborhood an opportunity 11 -14 -77 -18 to resolve matters of disagreement and for the City to further research and review the following items as they pertain to this application: 1 . A response from the Minnesota Pollution Control Agenc%, regarding whether or not Howe, Inc. complies with PCA air quality regulations and, if possible, have PCA representatives available for the November 28, . Council meeting. 1977 City o g 2. The possibility of requiring a stack monitoring device at Howe, Inc. which could be monitored by the police department and would indicate when air emissions from the plant reach dangerous levels. 3. The desirability of permitting dynamiting at the Howe plant. 4. Whether or not ordinance requirements pertaining to noise and vibrations in industrial areas pertain to Bowe, Inc. 5. The feasibility of a licensing procedure relating to industries that emit high levels of air pollution or discharge, similar to that of the City of Minneapolis. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Recess The Brooklyn Center City Council recessed at 12:03 a.m. and resumed at 12:16 a.m. Planning Commission The City Manager introduced the next item of business, that Application No. 77059 of Planning Commission Application No. 77059 submitted by (Dayton's, Inc.) Dayton's, Inc. The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 77059 and the Planning Commission action at its November 10, 1977 meeting. He stated the applicant is seeking approval of an accessory screening structure to be located adjacent to an existing masonry accessory building at the Dayton gasolin': service station in the east Brookdale perimeter area. He explained the zoning ordinance requires plan approval for all structural improvements including accessory buildings for service stations He added the proposed use of the structure would be to contain a storage shed for water softener salt pellets, which would be sold at the service station. Action Approving Plan- Following a brief discussion there was a motion by Council- ning Commission man Britts and seconded by Councilman Lhotka to approve Application No. 77059 Planning Commission Application No. 77059 submitted by (Dayton's, Inc.) Dayton's, Inc. subject to the condition that the proposed screening enclosure include a concrete slab. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Planning Commission The City Manager introduced the next item of business, that Application No. 77060 of Planning Commission Application No. 77060 submitted by (Dayton Hudson Pro- Dayton Hudson Properties, Inc. perties, Inc.) -19- 11- 1 4 -77 The Director of Planning and Inspection proceeded with a review Of Planning Commission Application No. 77060 and the Planning Commissio.i action at its November 10, 1977 meeting. He :stated the applicant is proposing a registered land survey constituting a replat of most of the Brookdale Shopping Center. He explained the Sears department store, automotive building and parking lot are contained within an existing tract, as is the case with the Donaldson department store and automotive building and surrounding parking lot. He added the Planning Commission had discussed whether existing parking encum- brances and easements would be continued with the new subdivision and whether they would be in full force should anyone of the newly established tracts be sold in the future. He added the Commission had suggested that the City review the various parking agreements in light of the proposed registered land survey in the same context as they review utility and maintenance agreements. He next reviewed the registered land survey with members of the City Council and a brief discussion ensued relative to the application. Following the discussion there was a motion by Councilman Action Approving Planning Fignar and seconded by Councilman Britts to approve Commission Application Planning Commission Application No. 77060 submitted by No. 77060 '(Dayton Dayton Hudson Properties, Inc, subject to the following Hudson Properties, Inc.) conditions 1 . The final registered land survey is subject to review and approval by the City Engineer. 2. The final registered land survey is subject to the requirements of Chapter 15 of the City Ordinances. 3. All utility maintenance and easement agree - ments between the City and the collective and individual ownerships of Brookdale Shopping Center shall be reviewed by the City Engineer and updated accordingly to reflect the new legal descriptions; and further, existing agreements and encum- brances relative to parking and access shall also be reviewed by the City. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. The City Manager reported it was intended that Planning Planning Commission Commission Application No. 77064 submitted by Gene Application No. 76029 Hamilton be considered at this evening's City Council (Olympic Investments) meeting. He explained this application was tabled by the Planning Commission at its November 10, 1977 meeting for further review and Application No. 76029 submitted by Olympic Investments, Inc. was offered as a substitute for the Council's consideration. The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 76029 and the Planning Commission action at its November 10, 1977 meeting. He stated the City Council had approved site and building plans for an 18 unit apartment building at the northwest corner of 67th and Emerson Avenues North under Application No 76029. He explained since that approval, the applicant had secured State funding for the project and during the interim, had amended the building 11 -14 -77 -20- he original roof treatment certain plans with respect tot , exterior finish features and the provision for privacy panels on the individual patios and balconies, and that this appli- cation represents an amendment to the prior approval. He reported that the applicant had originally proposed a mansard roof treatment and a stone finish in certain areas but has had problems with a similar mansard type treatment on other buildings which he owns that have resulted in roof leak problems which are difficult to repair and, thus, he is requesting the amendments The Director of Planning and Inspection reported the Planning Commission had recommended a wood treatment be provided around the entrance ways to add to the aesthetics of the building and that the applicant had concurred. He also stated the resident of 6724 Emerson Avenue North had ex- pressed concern that headlights would be directed at the lower level windows of his split entry home as cars exit from the parking lot of the proposed apartment complex. He reported the applicant has discussed this matter with the owner of the property and has agreed to install trees and shrubbery in the vicinity of the windows to provide screening from the driveway across the street: The Director of Planning and Inspection next reviewed the plans with members of the City Council and a brief discussion ensued relative to the application. Mayor Cohen recognized Mr. Jerry Harrington, representing the applicant, who stated he had nothing further to add to the application. Mayor Cohen inquired of Mr. Harrington if he had indeed agreed to install plantings in the vicinity of the windows for the property at 6724 Emerson Avenue North. Mr. Harrington responded he had so agreed to provide the planting as a screening from the driveway of the apartment for the property located across the street. Mayor Cohen requested this point be a condition of approval for the appli- cation. Action Approving Following a brief discussion there was a motion by Councilman Planning Commission Fignar and seconded by Councilman Kuefler to approve the Application No. 76029 building exterior modifications under Application No. 76429 (Olympic Investments, submitted by Olympic Investments, Inc, subject to the follow- Inc.) ing conditions: I . A wood exterior treatment will be provided around the entrance ways to provide an aesthetic relief compara- ble to the original stone treatment. 2. The applicant will provide plantings to screen the lower level windows at 6724 Emerson. Avenue North which is located directly across the street from the applicant's proposed driveway. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passe, unanimously. RESOLUTION Member Maurice Britts introduced the following resolution and NO. 77 -228 moved its adoption: RESOLUTION ACCEPTING QUOTATION FOR HANDICAP DOWN RAMP FOR LEAP BUILDING -21- 11 -14 -77 i'lie motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote . Bing taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: _none, whereupon said resolution was declared duly passed and adopted. he City Manager reported the City Council, during Community Center consideration of the 1978 budget, had increased the Memberships and .revenue expected from the Community Center with regard Admissions to memberships and admissions and had requested the staff to analyze the membership and admission fees and make a recommendation for various increases. He explained that the 1978 budget calls for an additional $20,000 in revenues from memberships and general admission fees for the Community Center and that the recommended new fees, in line with the budget recommendations, have been pre - sented to the City Council. Following a brief discussion there was a motion by Council- Action Establishing man Kuefler and seconded by Councilman Lhotka to establish New Community Center the following Community Center memberships and general Fees admission fees effective January 1, 1978: MEMBERSHIPS Family, 3 months $18.00 Family, 6 months 33.00 Family, 1 year 60.00 Individual, 3 months 10.00 Individual, 6 months 17.00 Individual, 1 year 28.00 `;ENERAL ADMISSION Adults, age 18 and over $ 1.25 Youth, age 15 through 17 .75 Children, age 5 through 14 .60 Voting in favor: Mayor Cohen, Councilmen Britts , Kuefler, Fignar, and Lhotka; Voting against: none. The motion passed unanimously. The City Manager reported the City Council at its October 3, Possible Charter 1977 meeting had directed the City Attorney to report on Conflict Report possible Charter conflicts involving the City Council's action to authorize the Mayor and the City Manager to enter into an agreement to provide for a position evaluation study of City department heads under the control of the City Manager. He explained that the City Attorney has responded to this request through a memorandum that was distributed to the City Council prior to the October 24, 1977 meeting. He stated this item was held over at the October 24 meeting because of the lateness of the hour and inquired if the City Council had any questions regarding that report. It was the consensus of the City' Council the City Attorney's report satisfactorily addressed the City Council's concerns. The City Manager reported the Suburban Public Health Nursing Suburban Public Health Service will lose its statutory authority to operate as an official Nursing Service Agree - agency on December 14, 1977 and it is being recommended by ment 11 -14 -77 -22- the Community Health Interim Advisory Committee that joint powers organizations be established for governing and pro- viding public health nursing services to residences of suburban Hennepin County. He explained if no joint powers arrangement is agreed to, Hennepin County will automatically take over control of the Public Health Nursing Service and that the County Board would be responsible for determining service levels for Brooklyn Center, as well as other Hennepin County communities. He further explained with regard to Public Health Nursing Service the choice is either operate under a joint powers agreement with local control or have Hennepin County operate this service under its control. The City Manager stated if the City Council feels that the Public Health Nursing Service should be operated under a joint powers agreement a copy of that agreement can be: provided for the City Council's consideration. A brief discussion ensued relative to the Suburban Public Health Nursing Service and the effect of a joint powers agree - ment. The Council indicated a desire to participate in the joint powers arrangement and requested further information relative to the Suburban Public Health Nursing Service. Action Directing the Following the discussion there was a motion by Councilman .Preparation of a Kuefler and seconded by Councilman Fignar to direct the Resolution City Manager to prepare a resolution relating to participation in the Suburban Public Health Nursing Service joint powers agreement. Voting in favor: Mayor Cohen, Councilmen Britts Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Community Develop- The City Manager reported the City of Brooklyn Center has ment Funds again this year been invited to participate in a joint powers agreement between Hennepin County and various Hennepin County suburban municipalities which entails the application for Urban County Community Development Block Grant funds. He stated in past years Brooklyn Center has declined to become involved in this program for a variety of reasons. He further explained if the City Council desires to gain entrance into this program which would qualify Brooklyn Center for Community Development funds commencing August, 1978, the City must enter into an agreement with Hennepin County by December 1, 1977. The City Manager reported the primary objective of the Com- munity Development Program is the development of a viable urban community including decent housing, a suitable living environment, and expanded opportunities principally for persons of low and moderate income. He added program efforts are directed toward meeting the needs of persons of low and moderate income with some exceptions, such as projects directed towards handicapped individuals. He explained the City has basically two options for procuring Community Development funds, one being to compete for discretionary funds that are available by direct application, while the other option would be to enter into a joint powers agreement with Hennepin County and other Hennepin County municipalities to submit an application for assistance to the Department of Housing and Urban Development. He reported Hennepin County would be used only as a funding mechanism for the various communities and receives a percentage of the total County allocation for administrative costs. He added -23- 11 -14 -77 if Brooklyn Center proceeded under the County arrangement l City's share of the Community Development Block Grant lands would be approximately $320,000. He stated to participate in this cooperative effort with the County for consideration for funding in 1978, the City by February 1 , 1978 would have to develop a three year Community Develop- nent Program, submit an annual action program which conforms to the established goals for a three year program, and submit a housing assistance plan in addition to certifying in writing the City will comply with a number of Federal government assurances and hold at least two public meetings to allow for citizen participation in the development of the overall program. The City Manager stated if the Council wishes to change its policy and seek, Community Development funds he would recommend this matter be given full staff and City Council review and that the Council should not seek Community Development Block Grant funding through Hennepin County for 1978 but rather, in the interim, prepare the various reports and programs so that in i 1978 the City would be in a position to have had thorough Council and advisory committee review of this program and its implications for possible funding by August, 1979. A brief discussion ensued relative to the City Manager's A eport with Mayor Cohen commenting the Community Development Block Grant Program must be looked at carefully in terms of the rules and regulations specified sor using Community Development funds. He pointed out Community Development funds are not free money and the City is expected to certify in writing it will comply with a number of Federal government assurances. He added although Hennepin County participates by doing the front end work for procuring the funds they are not responsible for seeing to it cities comply with these assurances but rather the City itself is responsible. He cautioned the Council should fully understand the Community Develop- ment Block Grant Program before being commited to utilizing the funds. Councilman Lhotka commented he was aware a number of cities utilizing the Community Development Block Grant funding have found there are a number of problems associ- ated with the program. He stated he preferred to look at the program more closely so there is a better understanding prior to proceeding to make application for the funds. The City Manager further stated the City Council should be aware that if Brooklyn Center became involved in the joint powers arrangement with Hennepin County and other munici- palities, it would mean that more funds would be available for the other communities in Hennepin County. He added a number of the participating communities would like to see Brooklyn Center become involved because of this fact. Following further discussion there was a motion by Council- Action to Not Seek man Lhotka and seconded by Councilman Fignar to not seek Community Development Community Development Block Grant funding through Hennepin Funds for 1978 County in 1978 and to direct the City Manager to prepare an outline of how to proceed, information relating to projected 11 -14 -77 -24- administrative costs and the feasibility of possibly seeking Community Development Block Grant funds for 1979 Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Open Forum The City Manager reported the City Council had requested the subject of an open forum be an agenda item on this evening's meeting. He reported a survey relating to the best time to conduct an open forum has been distributed with the City Manager's Newsletter. The Director of Public Works reported the results of this survey should be available within the near future and possibly be ready for the next City Council meeting. Following a brief discussion it was the consensus of the City Council to request the City Manager to have consideration of an open forum as an agenda item for the November 28, 19 7 i City Council meeting and that a specific time for this item be established. Hennepin County The City Manager reported he has received a request from the Emergency Communica- Board of Directors of the Hennepin Emergency Communications tions Organization (HECO) requesting Brooklyn Center to commit $3,500 to a county -wide engineering study of the area's police, fire and emergency communications system. He stated HECO feels it is imperative the engineering study commence as soon as possible to determine if it is best to combine or consolidate some or all of the several dispatch operations to make better use of the existing frequencies. He pointed out the HECO Executive Committee is in the process of preparing a Law Enforcement Assistance Admini- stration Grant request for the funds necessary to finance the engineering study but there is some doubt whether HECO will be able to obtain the grant funds because of prior commit ments for these funds. He added they do not expect to receive a definite answer regarding their grant request until July, 1978 and in the meantime HECO feels it would be in the best interests of the entire County the engineering study go forth so that the information can be available before July, 1978 so that the necessary decisions can be made. He pointed out they also feel it is possible a substantial savings will be realized in the 911 installation and recurring costs if the study is undertaken as soon as possible. A brief: discussion ensued relative to the City Manager's repor and the Hennepin Emergency Communications Organization. The City Manager commented on proposed methods for redistri- bution and sharing of available radio frequencies. He stated this sharing can take the form of two or more adjacent com- munities sharing a single radio frequency with each maintain- ing its own dispatching center or there can be "clustering" in which two or more communities share a radio frequency and use one dispatching center with the costs of the dis- patching being shared among the participants. He further stated there is also consideration being given to full consolidation where all public safety dispatching takes place in one center and all communities pay a fair share of the operating costs. He reported communities such as Edina, Bloomington, Richfield, and Eden Prairie have considered an emergency dispatching system of their own which has in effect brought this matter to a head and resulted in the recommendation for the immediate engineering study. He I -25- 7.1 -14 -77 ­,commended the Council give favorable consideration to the request to commit the $3,500 for the county -wide engineering study J allowing further discussion there was a motion by Council- Action Authorizing the man Britts and seconded by Councilman Fignar to authorize Preparation of a commitment for a $3,500 expenditure for a county -wide Resolution engineering study of the area's police, fire and emergency communications system through the Hennepin Emergency Communications Organization (HECO) and to direct the City Manager to prepare the necessary resolution transferring funds from the Contingency Account to - the Police Department Account for that purpose. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Motion by Councilman Lhotka and seconded by Councilman Licenses Britts to approve the following list of Licenses: BINGO LICENSE Bob Watson 7808 Newton Ave. N. St. Alphonsus Church Men's Club 7025 Halifax Ave. N. CHRISTMAS TREE SALES LICENSE ,, delson's Trees, Inc. Zimmerman, MN Brookdale Garden Center Brookdale Shopping Ctr. CIGARETTE LICENSE Ground Round Restaurant 2545 County Road 10 FOOD ESTABLISHMENT LICENSE Ground Round Restaurant 2545 County Road 10 Zantigo Mexican - American Rest. 750 Decatur Ave. N. G ARBAGE AND REFUSE COLLECTION VEHICLE LICENSE Bautch Disposal Service 2931 Marshall St. N.E. THOUSEMOVERS LICENSE Badger Movers, Inc. 3550 Grimes Ave. N. NONPERISHABLE VENDING MACHINE LICENSE Hame s Vending, Inc. 1015 S. 6th Street Schmitt Music Center 2400 Freeway Blvd. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously'. Motion by Councilman Lhotka and seconded by Council- Adjournment man Kuefler to adjourn the meeting. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 1:15 a.m. lerk Mayor 11 -14 -77 -26-