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HomeMy WebLinkAbout1985 03-25 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER MARCH 25, 1985 7:00 P.M. 1 Call to Order 2. Roll Call 3. Invocation 4. Open Forum 5. Approval of Consent Agenda -All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council member so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. *6. Approval of Minutes - February 25, 1985, March 11, 1985 7. Presentation of Awards Recognizing the Public Service of Former Advisory Commission Members, Jackie Albright and Michael Streitz (Park & Recreation Commission) Diane Lemke and Marvin Trautwein (Human Rights Commission) 8. Appointment to Northwest Hennepin Human Services Council Advisory Commission 9. Presentation by Minnesota Pollution Control Agency Representatives Regarding the Cleanup of the Joslyn Pole Yard Site 10. Resolutions: *a. Accepting Bid and Approving Contract 1985 -C (Liquor Store No. 1 Remodeling Project No. 1985 -03) -This contract provides for the remodeling of the former 7 -11 building at 69th Avenue and Humboldt Avenue North for use as Municipal Liquor Store No. 1. It is recommended the bid of Fendler Company in the amount of $134,500 be accepted. *b. Accepting Bid and Approving Contract 1985 -D (Police Department Remodeling Project No., 1985 -07, Phase I) -This contract provides for the remodeling of the administrative office within the Police Department. It is recommended the bid of Robbie Construction in the amount of $24,715 be accepted: c. Accepting Bids and Approving Contract 1985 -E (Diseased Shade Tree Removal Project No. 1985 -08) d. Establishing City Hall /Community Center Landscaping Improvement Project No. 1984 -12, Phase III and Accepting Proposal for Construction Thereof This project provides for completion of the City Hall /Community Center landscape planting concept established in 1984. CITY COUNCIL AGENDA -2- March 25, 1985 e. Amending Schedule K of the Brooklyn Center 1985 Employee Position Classification Plan Personnel Expense Reimbursement Policy -This item addresses a ruling made by the Internal Revenue Service regarding mileage allowances. 11. Ordinances: a. An Ordinance Vacating a Street Easement Over a Portion of Lot 2, Block 1, Corner Addition --This ordinance was first read at the February 25, 1985 City Council meeting, published on March 14, 1985, and is offered for a second reading this evening. The ordinance provides for the vacation of a street easement within Corner Addition as required under the conditions of final plat approval. The Corner Addition is located at 63rd and Unity Avenues. b. An Ordinance Amending the Penalty Sections of the City Ordinances of Brooklyn Center to Reflect the Changes in Minnesota Statute -This ordinance was first read at the February 25, 1985 City Council meeting, published on March 14, 1985, and is offered this evening for a second reading. The ordinance would bring the penalty sections in City ordinances in compliance with state statute by prescribing a maximum fine of $700 or imprisonment for 90 days for an ordinance violation. The ordinance would also stipulate that the penalty would include the costs of prosecution. c. An Ordinance Amending Chapter 17 of the City Ordinances Regarding Use of Sick Leave -This ordinance would allow employees to use a limited number of sick leave days for the care of their children and /or spouse when they are ill The ordinance is offered for a first reading. *12. Licenses 13. Adjournment t 3 , 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 FEBRUARY 25, 1985 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 Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, Jim Thomson, representing the City Attorney's office, Housing Coordinator Brad Hoffman, and Deputy City Clerk Tom Bublitz. INVOCATION The invocation was offered by Pastor Edward Blomberg of the Berean Free Church. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session this evening. He inquired if there was anyone present in the audience who wished to address the Council. There being none, he continued with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the Consent Agenda. Councilmember Theis requested item 8b removed from the Consent Agenda. APPROVAL OF MINUTES FEBRUARY 11, 1985 There was o motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the City Council meeting of February 11 , 1985 as submitted . Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 85 -36 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR ONE (1) 3/4 TON CARGO VAN The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -37 Member Celia Scott introduced the following resolution and moved its adoption: 2 -25 -85 -1- RESOLUTION APPROVING COLLECTIVE BARGAINING AGREEMENT BETWEEN THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, AFL -CIO AND THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: AMUSEMENT DEVICE OPERATOR LICENSE Chuck Muers 2101 Freeway Blvd. BAKERY FOOD VEHICLE LICENSE Good Earth Restaurant 5717 Xerxes Ave. N. BULK VENDING LICENSE K -Mart 5930 Earle Brown Dr. CATERING FOOD VEHICLE LICENSE Green Mill Restaurant 5540 Brooklyn Blvd. MECHANICAL SYSTEMS LICENSE Lanars Plumbing and Heating 6945 Queen St. NONPERISHABLE VENDING MACHINE LICENSE Cass Screw Company 4748 France Ave. N. Chuck's Q. 1505 69th Ave. N. F & M Marquette National Bank 5825 Xerxes Ave. N. K -Mart 5930 Earle Brown Dr. Major Vending 7440 Major Ave. N. M & S Drug Emporium 5900 Shingle Cr. Pkwy. Midwest Vending 8900 "B" Wentworth Ave. S. Holiday Inn 1501 Freeway Blvd. Miernik Vending 7258 Commerce Circle Brookdale Towers 2810 County Rd. 10 Earle Brown Apts. 1701 69th Ave. N. Hiawatha Rubber 1700 67th Ave. N. Marc's Budgetel 6415 James Circle NSI /Griswold 8300 10th Ave. N. Brookdale Pontiac 6801 Brooklyn Blvd. Plitt Brookdale Theater 2501 County Rd. 10 Viking Gym 6504 Shingle Cr. Pkwy. OFF -SALE NONINTOXICATING LIQUOR LICENSE Brookdale Mobil Inc. 5710 Xerxes Ave. N. PERISHABLE VENDING MACHINE LICENSE Miernik Vending 7258 Commerce Circle Brookdale Towers 2810 County Rd. 10 2 -25 -85 -2- Hiawatha Rubber 1700 67th Ave. N. Marc's Budgetel 6415 James Circle Plitt Brookdale Theater 2501 County Rd. 10 READILY PERISHABLE FOOD VEHICLE LICENSE Ted Burlingame 5919 June Ave. N. RENTAL DWELLING LICENSE Renewal: Invespro II Limited Partnership Columbus Village Apts. Village Properties Evergreen Park Manor Apts. C. J. Schaber 5341 Brooklyn Blvd. Eugene J. Sullivan 5401 Brooklyn Blvd. Julia G. Paulson 5315 Knox Ave. N. Gary Scherber 4708 Lakeview Ave. N. Harold Swanson 7230 W. River Rd. Harold Swanson 7250 W. River Rd. Edward C. Sass 5101, 03 Xerxes Ave. N. Donald Kutz 6837 York Place H. Oien, E. Sullivan 3606 58th Ave. N. Leo J. Vogel 2841 67th Lane Ruth Kalanquin 5348 70th Circle Curtis H. Cady 1312 72nd Ave. N. SPECIAL FOOD HANDLING LICENSE Maid of Scandinavia Co. Westbrook Mall Viking Gym, Inc. 6504 Shingle Cr. Pkwy. TAXI CAB LICENSE Town Taxi 11318 Olson Highway Yellow Cab 127 1st Ave. NE Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. AWARD OF CERTIFICATE OF CONFORMANCE IN FINANCIAL REPORTING The City Manager noted that Paul Holmlund, Director of Finance, has again received an award of Financial Reporting Achievement from the Government Finance Officer's Association. He noted that the certificate of conformance is the highest form of recognition in governmental accounting and financial reporting. It was also pointed out that only 20 cities in the State have received the award. Mayor Nyquist expressed his congratulations to the Director of Finance for his achievement in obtaining the award for the City. RESOLUTIONS (CONTINUED) The City Manager introduced a Resolution Approving Change Order No. 1 to Contract for Well No. 8 Reconditioning Project No. 1985-01, Phase I, and pointed out that the resolution provides City Council authorization to remove obstructions from the well cavern discovered during well reconditioning procedures. The Director of Public Works reviewed the various options for clearing the well of obstructions, including ceasing all bailing operations and leaving the obstruction and place the well in service, blasting the obstruction with a dynamite charge and 2 -25 -85 -3- the third option which is recommended by staff is to drill the obstruction and bail the fractured rock with the sand present in the cavern bottom. RESOLUTION NO. 85 -38 Member B111 Hawes introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1 TO CONTRACT FOR WELL NO. 8 RECONDITIONING PROJECT NO. 1985 -01, PHASE I The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted The City Manager introduced a Resolution Accepting Bid and Approving Contract 1985- A (Lift Station Improvement Project No. 1984 -05). He stated it is recommended the City Council award a contract in the amount of $75,135.41 to 0 & P Contracting, Inc. for the construction of a lift station and force main to serve the proposed Ramada Hotel and adjacent commercial properties. Councilmember Hawes' requested the staff to clarify whether the project would be needed if the Ramada was not constructed. The City Manager commented that even without the Ramada the area would probably need the project anyway, especially if the trend in construction in the area is to office uses as opposed to warehouse uses. The Director of Public Works commented that Lombard Properties has already paid $20,000 in cash and has agreed to all the special assessments. He noted there is no net cost to the City. Councilmember Theis expressed a concern that if the warehouse use goes in rather than office or hotel use the benefit of the project may not be able to be proved. The City Manager commented that the City has an agreement from Lombard Properties to pay the assessments and that the agreement is in writing. RESOLUTION NO. 85 -39 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1985-A (SANITARY SEWER LIFT STATION IMPROVEMENT PROJECT NO. 1984 -05) 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, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 85 -40 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1985 -B (WATER TOWER RECONDITIONING PROJECT NO. 1985 -02) The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 2 -25 -85 -4- The City Manager introduced a Resolution Amending the 1985 Employee Position and Classification Plan and Appointing Mr. Arnold Mavis to the Position of Director of Recreation. Councilmember Theis questioned whether the quality of maintenance in parks would be affected by putting the maintenance function in another department. The City Manager stated that the recreation director will still have input into park maintenance but that the day to day supervision of park maintenance would be changed from the current dual supervision. He added that his experience has shown that the City has a tradition of diligent park maintenance. Councilmember Theis requested for assurances that the full range of activities in the Park & Recreation Department would be kept at the current high level and not dominated by adult sports. The City Manager stated that the adult sport's area has been Mr. Mavis' primary job but that he has supervised persons in other program areas all along. Councilmember Theis requested some sort of method to evaluate the number of people participating in various recreation programs so that it could be determined whether adult sports was overtaking the other program areas. Mayor Nyquist inquired whether there was any discussion in the Park & Recreation Commission regarding the proposed appointment. Councilmember Hawes stated that the Commission had not discussed the appointment of the recreation supervisor, but that if any problems occur they will be more than likely to make their comments known. He added that he believes Mr. Mavis will be the first one to complain if any problems exist in the area of park maintenance. RESOLUTION NO. 85 -41 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1985 EMPLOYEE POSITION AND CLASSIFICATION PLAN AND APPOINTING MR. ARNOLD MAVIS TO THE POSITION OF DIRECTOR OF RECREATION The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. DISCUSSION ITEMS UPDATE ON BROOKWOOD SENIOR HOUSING PROJECT The City Manager discussed the concerns of the eight persons currently residing in the Brookwood condominium building. He explained that five of the eight people have reached agreements with Brutger Development Company, Inc. with regard to buy outs, two have appointments arranged to discuss negotiations for buy out and one couple has indicated that their attorney wants to look at the other agreements before coming to terms. He added it appears that everyone so far has been satisfied with their settlements. Councilmember Lhotka stated that he was upset with regard to how the whole situation in the condominium building came about and the fact that the Council was not involved. He explained that around Christmas time Brutger was moving from a condominium to a rental project and at that time he received a call from Brad Hoffman. He stated that he would have liked it on the agenda earlier and for the Council to be involved in the situation earlier. He added it appears that it is a 2 -25 -85 -5- dead issue now and that it is a little too late with regard to keeping the building as a condominium project. He stated that one of his main concerns was whether or not anything could have really been done earlier, and pointed out that he could not answer this at this point. He stated that he feels badly about the situation and also the fact that the Council was not able to consider any options, and concluded by saying that he did not think it should have happened the way it did. Mayor Nyquist stated that he was not pleased with the way Brutger had handled the situation and didn't know himself if there is or isn't a current condo market. Mayor Nyquist recognized Mr. Rauk, who stated he thought that when he had purchased his condominium unit he had provided for future housing for him and his wife. He pointed out he has not settled with Brutger at this point and that he wants something to replace his condo without paying any additional for it. He added he thought he and his wife had secured their future. He stated he believes the City Council is at fault for not knowing what they were putting their signature on and that the Council is partly to blame for the situation. He added that he wanted both he and his wife to be able to live there for the rest of their days for what he originally paid for the condo but that Brutger does not appear to want this. Mayor Nyquist pointed out the Council has not taken any action on approving the rental license for the building and that the people in the condominium building will have to be taken care of before this can be considered. Mr. Hoffman pointed out that, prior to construction of the condominium building, the Council passed an inducement resolution which allowed for rental of the condominium buildings if h condo g t e o do did not sell. He .added that this was required in order to obtain financing for the project. He pointed out that Mr. and Mrs. Rauk's attorney has not yet met with the Brutger's attorney. Councilmember Hawes inquired if there was anything prohibiting people from keeping their units as condominiums even though the rest of the building would be rental. Councilmember Lhotka pointed out that the problem is that the value of the owned units would not appreciate the same as if all units in the building were owned. He added that the Council has made no decision one way or the other, and inquired whether the Council should explore keeping the building as a condominium. Mr. Hoffman pointed out that there are three options under the contract, one being, to refuse final approval of the tax exempt financing, the second being, that the City would be reimbursed for any funds in the project if the units had not been sold by a certain target date, and the third is to not issue the rental license. He explained that the first option is the strongest position but pointed out that Brutger could payoff the $212,000 to the City and rent the units to anyone. He added that he does not know what approach the City could take at this point to keep the building as a viable condominium project. The City Manager pointed out that the staff checked with similar projects and found that the problem in the metropolitan area is that condominiums have no market, especially, among the elderly. He pointed out further that the elderly market appears to prefer rental at this particular time and that the only condominiums that are selling are those with health care packages included. He added that it does not appear that there will be any change in the condominium market. Councilmember Theis stated that he would like to see the project be successful as a condo but that he is also convinced that it probably will not succeed at this point. He added that he is now looking at the goal of keeping the project as an elderly housing project. Mayor Nyquist commented that by forcing the condominium issue the Council may actually be hurting the condominium owners even more. Councilmember Lhotka stated that he believes the Council should have been involved in the 2 -25 -85 -6- situation sooner and that possibly they could have looked at using a consultant to review options for making the condominium project a success. He pointed out that at this point, however, it is probably too late to save the project as a condominium project. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 85004 SUBMITTED BY CATHY RAUSCH FOR SPECIAL USE PERMIT APPROVAL TO CONDUCT A HOME BEAUTY SHOP WITH ONE NONRESIDENT EMPLOYEE IN THE EXISTING FAMILY ROOM OF THE RESIDENCE AT 3000n3RD AVENUE NORTH The Director of Planning & Inspection presented and reviewed for Councilmembers pages five through eight of the February 14, 1985 Planning Commission meeting minutes and also the Planning Commission information sheet prepared for Application No. 85004. He reviewed the project location which is in an R1 zoning district and located at the northwest corner of Xerxes and 63rd Avenue North. He explained the requested home occupation for a beauty shop is a special use in the R1 zone. He proceeded to show a transparency of the site plan submitted by the applicant, and noted that the three parking. stalls would not fit as submitted and that the Planning Commission recommended widening of the driveway to accommodate the stalls. He noted that the Planning Commission recommended that the applicant must provide three parking spaces onsite with on- street parking limited to one car. The Director of Planning & Inspection explained the Planning Commission held a public hearing on the application and that the neighbor at 3006 63rd Avenue North spoke in opposition to the application. He then noted the Planning Commission recommended approval of the application subject to 11 conditions which he reviewed for Councilmembers. He pointed out that the Planning Commission recommended approval of the application on a four to one vote with one objection to the on- street parking provision. The Director of Planning & Inspection requested that a letter from Mr. Joseph and Loretta Wykvent be entered into the official record and that the letter expressed opposition to the special use permit request. He noted that a public hearing on the application is required and that the proper notices had been sent. The Council reviewed the application and discussed the required parking for the home occupation. The Director of Planning & Inspection pointed out that the Rausch's assured the Planning Commission that the need for a fifth parking space could be avoided by scheduling appointments. In response to a question from Councilmember Hawes, the Director of Planning & Inspection explained that enforcement of the hours of operation may be difficult but the City staff believes that the schedule submitted with home occupations, such as this, is to be followed by the applicant. The Council continued its discussion of the application and particularly the off - and on- street parking situation. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 85004. He recognized Mrs. Loretta Wykvent, 3006 63rd Avenue North. Mrs. Wykvent expressed opposition to the application and expressed a concern that the evergreen's between her property and the RauschIs property would have to be removed for parking. She added that people never park in front of the Rausch's on the street since it is too close to Xerxes Avenue North. She added that the cars park further up in front of her house. 2 -25 -85 -7- Mayor Nyquist recognized Mr. ?Duane Rausch who stated that the evergreen trees will have to come down but that he is willing to put up a privacy fence so cars will not be visible. He stated that he would also let the onsite employee use the parking stall inside the garage at any time. Mayor Nyquist inquired if there was anyone else who wished to speak at the public hearing. No one else requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on Application No. 85004. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. Councilmember Theis commented that he had always been opposed to on- street parking for special use permits, and added that in this case the special use would be acceptable to him except for the additional employee. He added that there are problems with traffic backing onto Xerxes Avenue and the proposal, in his opinion, is beyond the scope of what a special use permit is designed for. Councilmember Lhotka added that he was not in favor of on- street parking but that he has no problem with home occupations only with the number of hours in this particular instance and the on- street parking. Councilmember Theis asked the applicant whether there is a strong need for the part- time employee. Mrs. Rausch replied that she needs the part -time employee now because that person carries a manager operator's license and that she does not have the current licensing qualifications to run the shop on her own. She added that this is the only reason she is requesting the additional employee and that once she accrues 2700 hours of work experience she will no longer need the additional employee. She explained cosmetology laws have been changing in the State and the State Cosmetology Board has said that a person could operate alone if you did not quote prices or advertise but she does want to create a formal business and a need for a manager operator's license is necessary. Also, she pointed out the license would be necessary in case she wanted to move to a commercial site. Councilmember Lhotka asked the applicant whether she would be willing to reduce the number of hours. Mrs. Rausch explained that she would have no problem with reducing the hours and could delete one day or on Wednesday and Thursday open at noon. Councilmember Theis asked Mrs. Rausch if the application was denied what would her options be. She explained that she would probably try to obtain a job at a commercial site for 2700 hours and return to her home and operate the business herself. Councilmember Theis expressed a concern that the additional employee creates too intense a business use in a residential neighborhood. RECESS The Brooklyn Center City Council recessed at 8:36 p.m. and reconvened at 8:50 p.m. CONTINUATION OF DISCUSSION ON PLANNING COMMISSION APPLICATION NO. 85004 The Council continued its discussion of Application No. 85004. The discussion focused on the additional onsite employee, number of hours, and the on- street parking situation. After further discussion, there was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve Planning Commission Application No. 85004 subject to the conditions recommended by the Planning Commission at their February 14, 1985 meeting with the exception of condition No. 7, 2 -25 -85 -8- i the addition of a condition prohibiting on- street parking and arequirement that the applicant would have to come back before the Council after 18 months or 2700 hours of operation for the purpose of eliminating the onsite employee and reducing the total number of hours of the operation. In discussion of the motion, Councilmember Theis suggested that the Council may put in a sunset provision in the application approval for an 18 month period. Mr. Jim Thomson, of the City attorney's office, commented that the problem is that the Council may not know the total number of hours worked during that period. Councilmember Theis suggested amending the motion on the table by adding a stipulation that would delete the onsite employee after 18 months and reconsider the hours of operation at that time. Councilmember Lhotka, as mover of the original motion, accepted Councilmember Theis' amendment. In discussion of the motion, the Council asked for Mrs. Rausch's input and she replied that she feels she needs to discuss the amendments with her employee to see if that would be acceptable working conditions for her before she could commit to any of the Council's conditions. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to table consideration of Application No. 85004 to the March 11, 1985 City Council meeting at the request of the applicant in order to allow her time to consider the additional conditions suggested by the City Council. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ORDINANCES The City Manager introduced the first ordinance which was An Ordinance Amending Chapter 4 of the City Ordinances Regarding Onsite Sewage Systems and pointed out that the ordinance was first read on January 28, 1985, published in the City's official newspaper on February 7, 1985, and is offered this evening for a second reading. He explained a public hearing on the ordinance has been scheduled for 8:00 p.m. and the ordinance itself would adopt Minnesota Pollution Control Agency criteria for onsite sewage systems. Mayor Nyquist opened the meeting for the purpose of a public hearing on the ordinance and inquired if there was anyone present who wished to speak at the public hearing.' No one requested to speak and he entertained a motion to close the public hearing'. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to close the public hearing on An Ordinance Amending Chapter 4 of the City Ordinances Regarding Onsite Sewage Systems. ORDINANCE NO. 85 -04 Member Gene Lhotka introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 4 OF THE CITY ORDINANCES REGARDING ONSITE SEWAGE SYSTEMS The motion for the adoption of the foregoing ordinance was duly seconded by member Rich Theis, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. 2 -25 -85 -9- The City Manager introduced the next ordinance, An Ordinance Amending the Penalty Sections of the City Ordinances of Brooklyn Center to Reflect the Changes in Minnesota Statute. He explained the ordinance is offered for a first reading this evening and would bring the penalty sections in City ordinances in compliance with state statute by prescribing a maximum fine of $700 or imprisonment for 90 days for an ordinance violation. The ordinance amendment would also stipulate that the penalty would include the cost of prosecution. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve for first reading An Ordinance Amending the Penalty Sections of the City Ordinances of Brooklyn Center to Reflect the Changes in Minnesota Statute and to set the public hearing date for the ordinance at March 25, 1985 at 8:00 p.m. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The City Manager introduced the next ordinance, An Ordinance Vacating a Street Easement Over a Portion of Lot 2, Block 1 Corner Addition, and explained the ordinance was offered for a first reading and provides for the vacation of a street easement within corner addition as required under the conditions of final plat approval 4 There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve for first reading An Ordinance Vacating a Street Easement Over a Portion of Lot 2, Block 1 Corner Addition and to set the public hearing date on the ordinance for March 25, 1985 at 8:00 p.m. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. APPOINTMENT TO EARLE BROWN FARM DEVELOPMENT ADVISORY COMMITTEE The City Manager suggested appointing a Council person to the Earle Brown Farm Development Advisory Committee. Councilmember Lhotka agreed to serve as the Council representative on the Committee. There was a motion by Councilmember Scott and seconded by Councilmember Theis to appoint Councilmember Lhotka to the Earle Brown Farm Development Advisory Committee. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Mayor Nyquist to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes and 'n against: Theis. Voting i st: none The motion unanimously. , V g g do passed s y. Th e Brooklyn Center City Council adjourned at 9:05 P.M. Deputy City Clerk Mayor 2 -25 -85 -10- r 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 MARCH 11, 1985 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7 :04 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, Fire Chief Ron Bomari, Housing Coordinator Brad Hoffman, and Deputy City Clerk Tom Bublitz. INVOCATION The invocation was offered by Pastor Gil Maple. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session this evening. He inquired if there was anyone present in the audience who wished to address the Council. There being none, he continued with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the Consent Agenda. The City Manager requested that item 7a be removed from the agenda and consideration be deferred until the next Council meeting. Councilmember Theis requested item 7b removed from the Consent Agenda. LICENSES There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the following list of licenses: CIGARETTE LICENSE Delaney Vending 1999 Palace Ave. Green Mill 5540 Brooklyn Blvd. FOOD ESTABLISHMENT LICENSE Brookdale Assembly of God 6030 Xerxes Ave. N. Brookdale Christian Center 6030 Xerxes Ave. N. Brookdale Covenant Church 5139 Brooklyn Blvd. Brookdale Mobil 5710 Xerxes Ave. N. Brooklyn Center American Legion 4307 70th Ave. N. Brooklyn Center Baptist Church 5840 Humboldt Ave. N. Community Emergency y ge cy Assistant Program 7231 Brooklyn Blvd.. Country Club Market 5715 Morgan Ave. N. Davanni's 5937 Summit Drive Donut Delight 6838 Humboldt Ave. N. Evergreen Park Schol 7020 Dupont Ave. N. 3 -11 -85 -1- Garden City School 3501 65th Ave. N. Green Mill Inn 5540 Brooklyn Blvd. Harron United Methodist Church 5452 Dupont Ave. N. Little Brooklyn 6219 Brooklyn Blvd Nutrition World Brookdale Center Orchard Lane School 6201 Noble Ave. N. Red Lobster Restaurant 7235 Brooklyn Blvd. Wes' Standard 6044 Brooklyn Blvd. Willow Lane School 7020 Perry Ave. N. ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Lioness Club 6301 Shingle Cr Pkwy. MECHANICAL SYSTEMS LICENSE Midland Heating & Air Conditioning 6442 Penn Ave. S. NONPERISHABLE VENDING MACHINE LICENSE Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. Chuck's Q. 1501 69th Ave. N. SIGN HANGER'S LICENSE Midway Sign Company 444 N. Prior Ave. Voting in favor Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. MAYORAL PROCLAMATION REGARDING A DAY OF SPIRITUAL REDEDICATION IN BROOKLYN CENTER Mayor Nyquist recognized Pastor Gil Maple who was the Chair of the Mayor's Prayer Breakfast for 1985. Pastor Maple asked the Council to consider the proclamation before them this evening and to declare Saturday, April 20, 1985 as a day of spiritual rededication in Brooklyn Center. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve the Mayoral Proclamation Declaring Saturday, April 20, 1985 as a Day of Spiritual Rededication in Brooklyn Center. Voting in favor: Mayor Nyquist, Councilmembers Lhotka,, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS The City Manager introduced a Resolution Amending the 1985 General Fund Budget, Transferring Funds from Council Contingency Account to Fire Department Automotive Equipment Repair Account for the Repair of the Fire Department's Aerial Ladder. Councilmember Theis inquired whether this was an anticipated repair cost. The City Manager replied that the amount of repair was not expected and that the full estimated amount of the repair is being requested and if it is not needed it will be put back into the budget. Councilmember Theis then asked whether the repairs would bring the aerial ladder back into working condition. The City Manager replied that it would and also the City will be able to use Brooklyn Park's ladder while the aerial ladder is being repaired. RESOLUTION NO. 85 -42 Member Bill Hawes introduced the following resolution and moved its adoption; RESOLUTION AMENDING THE 1985 GENERAL FUND BUDGET TRANSFERRING FUNDS FROM COUNCIL 3 -11 -85 -2- CONTINGENCY FUND TO FIRE DEPARTMENT AUTOMOTIVE EQUIPMENT REPAIR ACCOUNT AND AUTHORIZING THE REPAIR OF FIRE DEPARTMENT AERIAL LADDER 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, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 85004 SUBMITTED BY CATHY RAUSCH FOR A SPECIAL USE PERMIT APPROVAL TO CONDUCT A HOME BEAUTY SHOP WITH ONE NON - RESIDENT EMPLOYEE IN THE EXISTING FAMILY ROOM OF THE RESIDENCE 3000 63RD AVENUE NORTH The City Manager introduced Planning Commission Application No. 85004, and pointed out that the Planning Commission recommended approval of Application No. 85004 at its February 14, 1985 meeting and that the application was tabled at the February 25, 1985 City Council meeting to allow time for the applicant to consider the conditions of approval discussed by the Council. The Director of Planning & Inspection reviewed 11 conditions recommended in conjunction with approval of Application No. 85004. He also explained that notices had been sent to neighboring property owners regarding this evening's meeting and that the applicant is present this evening. Councilmember Lhotka inquired whether a condition prohibiting on- street parking could be added and the Director of Planning replied that the condition could be added. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to approve Application No. 85004, subject to the following conditions: 1. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 2. The special use permit is issued to the applicant as operator of the facility and is nontransferable. 3• A current copy of the applicant's state operator's license shall be kept on file with the City. 4. The hours of operation shall be: 9:00 a.m. to 5:00 p.m., Wednesday and Thursday; 9:00 a.m. to 8:00 p.m., Tuesday and Friday; and 9:00 a.m. to 2:00 p.m., Saturday. The home occupation shall be conducted on an appointment only basis. 5. Special Use Permit approval acknowledges one, part -time, non- resident employee working in the beauty shop. 6. Special Use Permit approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 3 -11 -85 -3- 7. The existing driveway off Xerxes Avenue North shall be widened to 26' with a throat on Xerxes Avenue North of approximately 22 No removal of curb or improvement within the Xerxes Avenue North boulevard shall be commenced prior to approval by the City Engineer. 8. Special Use Permit approval acknowledges the use for the home beauty shop of an existing 11' x 28' family room. No greater area within the home for the home occupation is comprehended by this approval 9. The premises shall be inspected by the Building Official and any structural alterations recommended by him shall be completed prior to the issuance of the Special Use Permit. 10. A 10 lb. fire extinguisher shall be placed within the home beauty shop area. 11. No on- street parking shall be permitted in conjunction with the operation of the home beauty shop. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. o 'n V ti g .against: none. The motion assed unanimousl Y CONSIDERATION OF BROOKWOOD CONDOMINIUM BUILDING RENTAL LICENSE Mayor Nyquist recognized Mr. Jay Cook, Attorney with Dorsey and Whitney, representing Brutger Companies. Mr. Cook stated that Brutger Companies has entered into five agreements for the repurchase of condominium units with a provision to lease back the units. He explained Brutger Companies is confident that they will be able to come to agreement with the remaining owners within a week's time. Councilmember Theis expressed a concern about approving a rental license without final settlement n e t of all owners. e s. Mr. Cook replied that the same offer made ade to the first five will be made to the remaining three owners. Councilmember Lhotka inquired what the marketing approach would be on the rental units. Mayor Nyquist recognized Ms. Sharon Witt, representing Brutger Companies, who introduced Ms. Jan Huebner whom she explained was Brutger Companies marketing manager for the Brookwood rental units and that Ms. Huebner lives in one of the Brookwood Town Homes. She explained that what she is hearing in the market is that people in the 55 and over group want to rent rather than buy. She stated that the marketing approach would be to advertise in local newspapers from Fridley to Maple Grove to Golden Valley. Referrals by current residents will also be considered along with the waiting list for Brookwood Manor. Finally, she pointed out that a brochure and direct mail 'approach will also be used There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the rental license for the Brookwood Condominium Building. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against none. The motion passed unanimously. CONSIDERATION OF WINE AND BEER LICENSE APPLICATION FOR DENNY'S RESTAURANT The City Manager noted that the wine and beer license for Denny's Restaurant was approved at the February 11, 1985 City Council meeting for 30 days contingent upon 3 -11 -85 -4- CORRECTED COPY: 7. The existing driveway off Xerxes Avenue North shall be widened to 26' with a throat on Xerxes Avenue North of approximately 22 No removal of curb or improvement within the Xerxes Avenue North boulevard shall be commenced prior to approval by the City Engineer. 8. Special Use Permit approval acknowledges the use for the home beauty shop of an existing 11' x 28' family room. No greater area within the home for the home occupation is comprehended by this approval. 9. The premises shall be inspected by the Building Official and any structural alterations recommended by him shall be completed prior to the issuance of the Special Use Permit. 10. A 10 lb. fire extinguisher shall be placed within the home beauty shop o area. ea. 11. This application shall be brought back before the City Council within 18 months after its issuance for the purpose of eliminating the provision for a nonresident employee and to reduce the number of,hours authorized in Condition No. 4 above. 12. No on- street parking shall be permitted in conjunction with the operation of the home beauty shop. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. CONSIDERATION OF BROOKWOOD CONDOMINIUM BUILDING RENTAL LICENSE Mayor Nyquist recognized Mr. Jay Cook, Attorney with Dorsey and Whitney, representing Brutger Companies. Mr. Cook stated that Brutger Companies has entered into five agreements for the repurchase of condominium units with a provision to lease back the units. He explained Brutger Companies is confident that they will be able to come to agreement with the remaining owners within a week's time. Councilmember Theis expressed a concern about approving a rental license without final settlement of all owners. Mr. Cook replied that the same offer made to the first five will be made to the remaining three owners. Councilmember Lhotka inquired what the marketing approach would be on the rental units. Mayor Nyquist recognized Ms. Sharon Witt, representing Brutger Companies, who introduced Ms. Jan Huebner whom she explained was Brutger Companies marketing manager for the Brookwood rental units and that Ms. Huebner lives in one of the Brookwood Town Homes. She explained that what she is hearing in the market is that people in the 55 and over group want to rent rather than buy. She stated that the marketing approach would be to advertise in local newspapers from Fridley to Maple Grove to Golden Valley. Referrals by current residents will also be considered along with the waiting list for Brookwood Manor. Finally, she pointed out that a brochure and direct mail approach will also be used. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the rental license for the Brookwood Condominium Building. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. CONSIDERATION OF WINE AND BEER LICENSE APPLICATION FOR DENNY'S RESTAURANT The City Manager noted that the wine and beer license for Denny's Restaurant was approved at the February 11, 1985 City Council meeting for 30 days contingent upon 3 -11 -85 -4- clarification of the investigation report regarding the length of tenure of the present restaurant manager. He pointed out that the original investigation report was in error, and that the current manager of Denny's Restaurant has worked at the restaurant since June of 1978 but has only recently been appointed manager. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the wine and beer license application for Denny's Restaurant in Brooklyn Center. Voting in favor: Mayor Nyquist, Councilmembers Lhotka,Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. DISCUSSION ITEMS STAFF REPORT ON SALE OF CABLE TELEVISION FRANCHISE The City Manager referred Councilmembers to a letter to Mr. Greg Moore, Executive Director of the Northwest Suburbs Cable Communication Commission, from Mr. Gustave M. Hauser, of Hauser Communications, Inc. the prospective purchaser of the' Northwest Cable System. He reviewed the letter which outlined several requests from Hauser Communications, Inc. to the Cable Communication Commission regarding the proposed purchase. Mayor Nyquist expressed a concern regarding the status and continuation of the local access channels, if the system is sold. The City Manager replied that access programming is a definite expense ease of the P system and is paid for by the rate payers. He explained that many people consider access programming as free but it is an expense to the system, however popular among those who use it. He added that recent federal legislation has weakened local commission's authority, especially with regard to rate making. In response to a question from Councilmember Lhotka the City Manager explained that the system which has been built in the northwest area is a dual cable system, however, Hauser Communications, Inc, is proposing a single cable system for the unbuilt areas in the northwest. He pointed out that Brooklyn Center is fully connected and consists of completely dual cable. He explainedthat the stance taken by the Cable Commission is that they there are requesting the new owner to bury double cable in the new areas but without amplifiers. He added that the Commission is looking for a 108 channel capacity and that it would consider allowing a single cable, if the particular cable technology could provide 108 channels. Councilmember Scott inquired as to when the cable company plans to hook up the remaining institutional channels. The City Manager explained that this appears to be an ongoing problem and that Storer has been requested to give the Commission a letter stating that they would be responsible for the hookup of the remaining institutional channels even after the sale. RECESS The Brooklyn Center City Council recessed at 7:140 p.m. and reconvened at 8:00 p.m. PUBLIC HEARING FOR WATER MAIN IMPROVEMENT PROJECT NO. 1985 -0 AND STREET AVENUES) IMPROVEMENT PROJECT N0. 1985-05 (LYNDALE AVENUE IMPROVEMENTS BETWEEN 53RD AND 57TH The Director of Public Works reviewed a summary of the proposed improvements on Lyndale Avenue, including Water Main Installation, Street Reconstruction, Sidewalk Installation, and Landscaping. The Director of Public Works also pointed out that notices regarding this evening's meeting had been sent to all property owners and 3 -11 -85 -5- that an informational meeting had been held with property owners in the area on February 27, 1985. The Director of Public Works proceeded to review the estimated special assessments and payment schedules for a typical single family residence in the project area. He also reviewed the Lyndale Avenue Street Reconstruction Special Assessments, including a typical schedule of payments for a $900 and $1,200 total assessment. He then reviewed the Lyndale Avenue Street Project Assessment comparison between the 1984 proposed and the 1985 proposed project costs. The Director of Public Works continued his review of the project, including reviewing five conditions for parking stall construction in the project area. He proceeded to review a transparency of a typical residential parallel parking space and a typical diagonal parking space. He then reviewed a- transparency of a request form for senior citizen deferment of assessments, and pointed out that a person 65 years or older with an income of $7,500 or less per year can have the assessment deferred indefinitely. The Director of Public Works explained that at the February 27, 1985 informational meeting approximately 14 owners attended and that the notes of that meeting had been distributed to the City Council. Mayor Nyquist opened the meeting for the purpose of a public hearing on Water Main Improvement Project No. 1985-04 and Street Improvement Project 'No. 1985 -05. Mayor Nyquist recognized Mr. Bud Murphy who questioned why the residents along Lyndale Avenue should have to pay for any of the street reconstruction since 95% of the traffic is from outsiders. He also questioned that if the streets are 7 ton streets now why aren't weight restrictions placed on them. In response to Mr. Murphy's comments, the City Manager explained that the property benefits from access to streets and that the City Council it has determined that the benefit from the street and curb and gutter for each residence in the City is $1,200. He then explained that the existing roadway is built to 9 ton specifications and is the same as the specifications used for Shingle Creek Parkway. The Director of Public Works stated that he did not recall saying that the Lyndale Avenue roadway was a 7 ton road. He pointed out that the street is a 9 ton roadway and there is no reason, from a structural standard, to limit weight on the roadway. Mayor Nyquist recognized Mr. Tony Schmid, 5500 Lyndale Avenue. Mr. Schmid stated that he had visited with all neighbors in the project area, except seven identified property owners. _ He pointed out that five of the seven persons he did not speak with were rental properties. Mr. Schmid pointed out that of the rou he spoke with 26 g P P signatures were obtained in opposition to the sidewalk. He presented the petition declaring opposition to the sidewalk to the City Clerk. Mr. Schmid presented three other petitions to the City Clerk, including a petition showing support for installation of water service along Lyndale Avenue, a petition against the installation of water service and a petition regarding the street reconstruction along Lyndale Avenue between 53rd Avenue North and 57th Avenue North. He explained that for years the neighborhood has endured unbearable traffic along Lyndale and had received no reduction in taxes for this inconvenience. He stated Lyndale Avenue was marked as Highway 169 and that he does not believe the neighborhood should be charged for access to the highway. He continued by pointing out that there were 25 names on the petition which would agree to the street project only if the City used turnback funds to pay for the entire cost of the street project. He emphasized it is not a residential street but is a highway bypass. 3 - 11 -85 -6- Mayor Nyquist stated he wanted to point out that if the City does not install the sidewalk the City will not receive any funds for this portion of the project and the funds will be lost and cannot be applied to another part of the project. In response to a question from a member of the audience, the Director of Public Works replied that turnback funds are available for the entire cost of street reconstruction and sidewalk, excluding the landscaping costs. Mayor Nyquist again recognized Mr. Tony Schmid who brought up the issue of the odor from the lift station in the neighborhood. He also recommended that a gate be put over the entrance and cited incidents of theft from his property and also suspicious meetings of individuals at the lift station location which appeared to be some type of exchange of contraband. The City Manager pointed out that the City will be doing some redesign on the driveway to the lift station and will also address the problems brought up by Mr. Schmid at h t at time. He added that the e City will also do some landscaping of the area. In response to a question from a member of the audience, the City Manager stated that the City policy is that each property in the City benefit's from access to a street and that the benefit has been established by the City Council at $1,200. He explained that every residential lot in the City would pay $1,200 for a street project no matter where they live in the City. Mayor Nyquist recognized Y Yq Mr. Frank Belatz, 5323 Lyndale Avenue North, who stated that the surveyors had told him that the sidewalk would be located three feet from the roadway. The City Engineer replied that there would be eight feet of grass between the curb and sidewalk and that rha s Mr. Bel Ae p atz had been misinformed or misunderstood what the surveyors had explained. Mayor Nyquist recognized Mr. Duane Svordal,5509 Lyndale Avenue North. Mr. Svordal explained that he was a newcomer to the City and that one reason he moved into the area was the pleasant appearance of the neighborhood. He explained that he believed the desirable appearance of the neighborhood would be changed by the project. Mayor Nyquist recognized Mr. Ken Kunz who identified himself as the owner of the four -plex at 5601 Lyndale Avenue North. Mr. Kunz explained that the eight feet of green space between the curb and gutter and sidewalk will become a weedy area and that is opposed to any sidewalk construction. He added that if the residents have to pay for the roadway he would agree to pay, and pointed out that he did not sign the petition regarding the street project but that he believes the street assessment is a reasonable cost. Mayor Nyquist recognized Mr. Bob Halverson who stated that he was representing the group home in the area and expressed his desire to see the improvements, especially the water main installation. He added that he is looking forward to having a clean supply of water. Mayor Nyquist inquired if there was anyone else present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to close the public hearing on Water Main Improvement Project No. 1985 -04 and Street 3 -11 -85 -7- Improvement Project No. 1985 -05. Voting in favor: Mayor Nyquist, Councilmembers Lhotka Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously, Councilmember Scott expressed a concern regarding one of the conditions for construction of a parking stall, and explained that for several properties the only place they have to park is on street and added that there is no room for a garage. Councilmember Scott inquired whether these residents would be subject to the same rules as other residents for on- street parking. She stated that the concern she has is that they will not have a permanent parking space for their vehicle. The Director of Public Works reviewed the parking layout sketches and stated that for the r r o e ties with this P P situation the best solution would be to build a drive off the street leading up to a parking space on their property. He added that these parking situations could be worked out with the property owners. Councilmember Theis asked the Director of Public Works what the cost of a residential street would be for a typical lot in this area. The Director of Public Works explained that the normal cost in a residential area for 'a bituminous surface with no curb and gutter is approximately $1,200 per lot. He pointed out that the $1,200 amount would be the normal assessment and that this would recover about 1/3 of the total project cost. Councilmember Theis also inquired as to the period of availability of turnback funds. The Director of Public Works replied that Lyndale Avenue was turned back to the City in April of 1984. He explained that under law initial construction must begin within five years of that date and all improvements must be completed within ten years. He explained that there are currently adequate funds and a commitment on the part of the State to cover all project costs. He added that the legislature has been considering changes in highway jurisdictions and turnback funds could be eaten up by projects which take precedence over this project. In short, he explained the funds may be depleted in the future. Councilmember Scott asked what are the policies of other suburbs for using turnback funds and do other cities assess costs for street projects. The Director of Public Works explained that no study had been done and that there are not many turnback projects that occur, perhaps, one to three per year state wide.. He explained that levying special assessments on a state aid project is a policy which Brooklyn Center and more than one /half the metropolitan suburbs use. He added that it is the general policy of the City that even with outside funds the Council has determined that special funds are for the benefit of the entire City and that special assessments are levied based on the basis of benefit to the property owner. L Councilmember Theis commented that if Brooklyn Center is to maximize the efficiency of the available funds the best way to proceed is to do the entire project now. RESOLUTION NO. 85 -43 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ORDERING WATER MAIN IMPROVEMENT PROJECT NO. 1985 -04 AND STREET IMPROVEMENT PROJECT NO. 1985 -05 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon a roll call vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Bill Hawes, and Rich Theis; and the following voted against the same: Celia Scott, whereupon said resolution was declared duly passed and adopted. 3 -11 -85 -8- a There was a motion by Councilmember Hawes and seconded by Councilmember Scott to deny the Resolution Ordering Sidewalk Improvement Project No. 1985 -06. In discussion of the motion, Mayor Nyquist polled the audience regarding whether they understood that the sidewalk funds could not be used elsewhere in the project. Approximately 1/3 of the audience raised their hand signifying that they understood. Councilmember Scott then again reviewed the sidewalk funding and pointed out that the maintenance of the sidewalk would be taken care of by the City and she also again emphasized the location of the sidewalk. At this point, a majority of audience stood up signifying that they understood the policy with regard to sidewalk installation. Upon a vote being taken on the motion on the floor, the following voted in favor thereof: Mayor Nyquist,- Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO. 84 -44 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR LYNDALE AVENUE IMPROVEMENT PROJECTS NOS. 1985 -04, 1985 -05, AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1985 -F) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon the following thereof: Dean Nyquist Gene Lhotka ' wing voted in favor , Celia Scott Bill Hawes and Ric the following voted against the same: none whereupon Theis; and pon said resolution was declared duly passed and adopted. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Hawes to adjourn the meeting.- Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:40 p.m. Deputy City Clerk Mayor 3 -11 -85 -9- APP►.tCATIO:i FO 'l � r'O ,'.1' TI AE14T T O 771,-. m " 'a �f r>+ � .. T'LT�!r� -� `°",+ CG�P i�T "�c /V�« % it 4•J!_ 5 r Sr_ - fit/! E L j Dams Ann Wa lle r stedt Age Address 700.1 Emerso Avenue N. Telephone 560- 2846 Occupation Years lived in Brooklyn Center I h -die dead "L.' a Cc,�ritisston itesolution (Resoltzt cZ No. rt i i -68 ?. "which d € es zhe purpose, w aharify and �nsbil+�y ofhe Bc�okiyn C =ate; Humes:fts Cesnrt�ssicr, g - --N(r Commcr_ts 1 } I unders snd the impcf of regular Commission meeting attendance end particii 4icn, and Feel I have the time available to be an active participaWt. Yes X No Comments Additional comments on my interest, experience. background ideas, etc. See attached. Signature Date Submit to: Mayor Dean Nyquist City of Brooklyn Center 6301 Shingle Creek Park - Brooklyn Center, t nt�r e � 1iV Y 5530 t I have an intense interest in the community and human services That is evidenced by my background and participation. For example, I have been involved in the following volunteer positions in the community: Brooklyn Center Mediation Project - Dispute Mediator, Mayor's Advisory Board Battered Women's Shelter - Alexander House Board Member Omnibus Gifted Children's Education - Volunteer Co- ordinator, Volunteer Instructor Job Seekers Support Group - Initiator and Co- ordinator of support and skills building workshops for unemployed in my church and community League of Women Voters - President, Fund Raising Chair, Chair of study groups Girl Scout Leader Northwest Community Food Co - -op - Member of group to establish. Chair. Board of Directors Brooklyn Center Charter Commission - Vice Chair, Chair of Rules & Procedures Committee In addition, I have been a Program Co- ordinator for legal advice clinic, Administrative Assistant for the Commitment Defense Pro- ject, and have worked as an investigator in the Attorney General's office relative to consumer fraud. I have been Office Manager in the law firm of Nichols, Starks, Carruthers & Kastner and am pres- ently involved with the Brooklyn Center Mediation Project. Minnesota Pollution Control Agency March 20, 1985 Mr. Gerald Splinter City Manager City of Brooklyn Center -6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Dear Mr. Splinter: The Minnesota Pollution Control Agency (MPCA) staff believe it is very close to finalizing a Consent Order with the Joslyn Manufacturing •& Supply Company, The Consent Order is simply a contract between Joslyn and the State, committing Joslyn to conduct a series of activities and implement remedies regarding ground water and soil contamination at the former wood preserving facility.. The Order does specify, in some detail, the types and schedules of the activities. If Joslyn delays implementation of the provisions of the Order without good reasons, the firm is subject to financial penalties. We belipve this agreement to be thorough and strong, leading to effective remedy of t"C contamination problems at the Joslyn facility. . In terms of the .details of the Order, Joslyn will be required to complete the investigation of the extent and magnitude of ground water and soil contamination pry`, and of the impacts on south Twin Lake. Joslyn's- contractor, Barr Engineering, _ 4 has been taking soil borings, installing monitoring wells, and conducting test trenching during the past six months. Most of the investigation work will be completed this ,spring,'although some sampling will continue periodically during the next year to identify and seasonal variations. The Order actually requires a final report sum.narizing the investigation findings within 180 days of the approval of tine Mork Plan. That report would be submitted summer /fall of 1985, depending on the actual date that the Order is finalized.- Joslyn is already ahead of schedule and has indicated their desire to push-the schedule as quickly as possible, and so the investigation may be completed somewhat sooner. Once the contamination sources and problems have been defined, Joslyn will then ,. u evaluate various remedial alternatives to deal with the various contamination problems. Typically, one initially examines a wide array of options, gradually narrowing to one set of options. The evaluation and selection of alternatives is based upon environmental effectiveness, protection of worker and health, reliability, and costs. Just as exa some alternatives or combination or ternatives commonly considered include excavation and off -site disposal of wastes in an approved hazardous waste facility; land treatlnprit of organic viastes and contaminated soils; interception, withdr•avlal, an;i treatinent of contaminated ground water; removal of i ���e. p pel�nes, structures, and tanks. 1935 West County Road 132, Roseville, Minnesota 55113-2785 Regional Offices • Duluth /BrainerdiDetroit Lakes /Marshall /hochester Equal Opportunity Employer e, Mr. Gerald Splinter Page 2 Joslyn is allotted approximately six months to conduct the assessment of alternatives, although review and modifications may extend the schedule. After finalizing the remedial alternatives, Joslyn will develop and imple: a Remedial Action Plan to renedy the sources of contamination, the contaminated ground water and soil, and the other areas impacted by the contamination. The actual schedule of clean -up and remedial activities are to be detailed in the Work Plan, it would appear likely that the core of reisit2dial actions will be implemented in -the middle of 1986. The exact nature of the remedial actions cannot be specified at this point. Some remedial actions- can be implemented and completed quickly (i.e., excavation avid off -site disposal) while others may require a few years to complete (i.e,, land treatment), _ Y On a separate note, site security and site 'safet are matters to be'immediately ry ' addressed following signing of the Consent Order and, again, when the remedial _ action plan is developed and implemented. These measures are designed to prevent unauthorized individuals from entering the site and to protect Lhe health of those working on the'site and of the public in the surrounding neighborhoods as activities are conducted. One particular task to be conducted by Joslyn is a search of private wells downgradient (east - southeast) of.the facility. Your staff has been extre;azly helpful in identifying private wells in these areas. The Joslyn search will provide one final and thorough check to make sure we are aware o+ all t'Iz private wells.. We will be seeking the cooperation and assistance of t''Ie city on this sensitive issue. We have kept Mr. Tom Heenan of your staff appraised of developments and activities regarding the site and we will continue this as the Order is implemented. We will forward copies of correspondence, reports, and schedules as we go through this process. We will welcome any comments, concerns, or Rsrxr questions you or your staff may have. We do appreciate your assistance in the - x, past and we look forward to continuing this relationship as we pursue the site remedy. Sincerely, Robert Dullinger, Project Leader ' 4 4y_— R , esponsible Party Unit Site Response Section Division of Solid and Hazardous 'Waste RD:mec cc: Mr. Tom Heenan, City of Brooklyn Center Mr. Maclay Ilyde, Bassford, Heckt, Lockhard Mullin Mr, Kerry Street, U.S. Environmental Protection Agency, Region V Mr. Greg Lie, Department of Public Works Mr, Bob Leininger, U.S. Environmental Protection Agency, Region V Mr. Dave Zappetillo, Centennial Office Building Mr. Allan Gebad rd, 3arr Engineering Company Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1985 -C (LIQUOR STORE PROJECT NO. 1985 -03) WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1985 -03, bids were received, opened, and tabulated by the City Clerk and Engineer, on the 7th day of March, 1984 Said bids were as follows: Bidder Base Bid Alt. 1 Alt. 2 Alt. 3 The Fendler Co. $116,400.00 $11,800.00 $ 6,300.00 $4,265.00 Robbie Const. 121,945.00 8,869.00 4,270.00 3,920.00 Morcon Const. 125,497.00 10,300.00 5,400.00 4,000.00 Nordling Const. 130,774.00 10,897.00 10,634.00 4,480.00 Phillips Klein Co. 132,300.00 11,300.00 6,200.00 4,440.00 George W. Olsen 134,479.00 11,428.00 7,252 00 4,149 00 David N. Volkmann 136,934.00 16,155.00 14,252.00 4,312.00 Michael Const. 136,977.00 11,620.00 5,844.00 4,688.00 Steenberg- Henkel 138,450.00 11,500.00 8,900.00 4,300 00 D.N.R. Const. 140,590.00 15,579.00 8,048.00 4,112.00 Gladstone Const. 141,430.00 11 300.00 6,100.00 4,340.00 Cottonwood Const. 142 948.00 11 978.00 8 890.00 � � , 4,150.00 McDonnel Const. 148,900.00 16,390.00 6,500.00 4,950.00 Falls & Nyhusmoen 151,730.00 12,090.00 13,112.00 4,520.00 Landborg Brothers 155,715.00 11,476.00 14,915.00 3,920.00 Maertens- Brenny 163,600.00 15,850.00 5,900.00 4,000.00 Kloster Madsen Inc. 168,300.00 12,500.00 8,500.00 4,300.00 Perry Const. 192,432.00 18,900.00 16,600.00 4,200.00 WHEREAS, it appears that The Fendler Company is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1 Subject to the City obtaining title and possession of the property on which this improvement is proposed to be made, the Mayor and City Manager are hereby authorized and directed to enter into the attached contract, in the amount of $134,500 (for Base Bid, Alternate 1 and Alternate 2) with The Fendler Company in the name of the City of Brooklyn Center, for Improvement Project No. 1985 -03 according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made, with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. RESOLUTION NO. BE IT FURTHER RESOLVED that: 1. The estimated cost of Improvement Project No. 1985 -03 is hereby amended according to the following schedule: As Bid Contract Cost $134,500 Contingency for Landscaping 3,000 Engineering Cost 'Consultant 14,500 Administration 1,380 TOTAL $153,380 2. Accounting for Improvement Project No. 1985 -03 will be done in Division 91 of the Liquor Store Fund. Date a.. ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF 6301 SHINGLE CREEK PARKWAY B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER T0: Gerald G. Splinter, City Manager FROM: Sy Knapp, Director of Public Works DATE: March 8, 1985 RE: Bids for Remodeling of Liquor Store No. 1 (former 7 -11 Store) On March 7, 1985 18 bids were received and opened for remodeling of Liquor Store No. 1 according to plans and specifications as prepared by architect Bob Pierce. Bid items were established as follows: Base Bid - includes all basic work to enlarge and remodel the building, to install a new metal fascia on the South and East sides of the building, to stain the existing cedar shake "mansard" fascia on the North and West sides of the building to match the new metal fascia, to do minimum repairs in the driveway /parking areas and to install one light standard in the South parking lot. Alternate 1 - includes remodeling the driveway /parking area - to provide parking for 30 cars (instead of the 25 spaces provided under the Base bid), to reconstruct the East driveway to eliminate the severe grade problem, to overlay the entire driveway /parking area, and to install another lighting standard in the East parking lot. Alternate 2 - provides for replacement of the existing cedar shake "mansard" fascia on the North and West sides with a new metal fascia matching the other two sides (thereby assuring total uniformity of appearance on all four sides). Alternate 3 - provides for installation of two advertising sign boards on the outside of the building. Because neither the City of Brooklyn Center nor Architect Pierce have any previous experience with the low bidder (The Fendler Company) we asked Mr. Pierce to check their references. Mr. Pierce reports that he has received excellent reports on their work from several of their clients, including Towle Realty and Fairview Hospital. „ '7 m March 8, 1985 Page 2 Also, because most of the bids received were considerably higher than the low bid. (and second low bid), Mr. Pierce requested them to review their proposal. After consideration, The Fendler Company advised Mr. Pierce that they "are comfortable" in proceeding with the contract at their bid price. After review of all bids, we recommend award of the contract (including Base Bid, Alternate 1 and Alternate 2) to The Fendler Company, at a total contract cost of $134,500. Liquor Store Manager Jerry Olson recommends that Alternate 3 not be included into the contract award because he feels this work can be done later, at a lower cost, if it is determined to be needed. This contract does not include landscaping. However, a separate,landscaping contract will be awarded later. Adequate funding for this work is available within the project budget. One final note: The attached resolution provides for award of the contract to the low bidder subject to the City's obtaining title and possession of the property. We are reviewing this question with our attornies at this time. In the event this causes any concern, we may instead recommend that the Council table consid- eration of the award until their March 25 meeting. Our specifications allow the City to "hold" bids for 30 days after the bid opening date. Respectfully submitted, Postscript 3/21/85 At this time the final "closing" for the purchase of the 7/11 SK: J ' building is scheduled to occur on Monday, March 25, 1985. If i the closing c on Monday the attached resolution g � y, should be amended to delete the first ortion of paragraph 1 P P g P i.e. - delete - "Subject to the City obtaining title and possession of the property onwhich this improvement- is proposed to be made ".. - If, on the other hand, the closing is again delayed, we will recommend one of the following alternates, depending on the City Attorney's advice: - award conditional contract (i.e. adopt attached resolution as drafted) Or again table consideration of the bid. This might require having a special Council meeting since the City can "hold" bids only until April 6, 1985, unless the low bidder grants a time extension. 106 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1985 -D (POLICE DEPARTMENT REMODELING, PROJECT NO. 1985 -07, PHASE I) WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1985 -07, bids were received, opened, and tabulated by the City Clerk and Engineer, on the 21st day of March, 1985. Said bids were as follows: Bidder Bid Amount Robbie Construction $24,715.00 Staab Construction, Inc. 27,141.00 Antco Construction Company 30,053.00 The Fendler Company 30,522.00 McDonnell Construction 31,800.00 Perry Construction, Inc. 33,469.00 WHEREAS, it appears Robbie Construction, Inc. of Shoreview, Minnesota, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. The Mayor and City Manager are hereby authorized and directed to enter into the attached contract, in the amount of $24,715.00 with Robbie Construction, Inc. of Shoreview, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1985 -07 according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 3. All costs for Project No. 1985 -07 shall be charged to the 1985 Operating budget for Capital Outlay in the General Fund, Government Buildings Division. RESOLUTION NO. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof. and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1985 -E (DISEASED SHADE TREE REMOVAL PROJECT NO. 1985 -08) WHEREAS, pursuant to an advertisement for bids for Diseased Shade Tree Removal Project No. 1985 -08, bids were received, opened, and tabulated by the City Clerk and Engineer, on the 14th day of March, 1985. Said bids were as follows: Bidder Bid Amount Ceres Tree Company $58,160.00 Langers Tree Service 63,818.00 Arps Tree Service 64,340.00 Gorecki & Company 71,050 00 Design. Tree Company 78,640.00 WHEREAS, it appears the Ceres Tree Company of St. Paul, Minnesota, is the lowest responsible bidder. b NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. The Mayor and City Manager are hereby authorized and directed to enter into the attached contract,, in the amount of $58,160.00 with Ceres Tree Company of St. Paul, Minnesota in the name of the City of Brooklyn Center, for Diseased Shade Tree Removal Project No. 1985 -08 according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. RESOLUTION NO. BE IT FURTHER RESOLVED that: 1. The estimated cost of Diseased Shade Tree Removal Project No. 1985 -08 is hereby amended according to the following schedule: As Approved As Bid Contract Cost $ 52,000.00 $ 58,160.00 Engineering Cost 4,680.00 5,234.40 Administration Cost 520.00 581.60 TOTAL $ 57,200.00 $ 63,976.00 Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. TO: Sy Knapp, Director of Public Works FROM: Jim Grube, City Engineer DATE: March 21 1985 RE: Consideration of Bids - Contract 1985 -E Diseased Shade Tree Removal Project No. 1985 -08 Pursuant to City Council authorization, bids were received and opened on March 14, 1985, for removal of diseased shade trees under Project No. 1985 -08. Upon review of the bids, it has been determined that the lowest responsible bid has been submitted by Ceres Tree Company. A summary of reference interviews follows: 1. City of Minnetonka (Don Cheeley - City Forester) Ceres Tree Company has worked for the City of Minnetonka for the last 5 years The company's personnel were considered competent and responsive to the directives of the City. The company owner showed a desire to do a good job. 2. City of St. Louis Park (Ray Vogtman City Forester) The Contractor has worked for the City of St. Louis Park for the last 2 years. In 1984, the Contractor removed 680 trees, and under such circumstances, the removal crews did damage some lawns. However, the Contractor was responsive, making necessary repairs as directed. The City of St. Louis Park would award a contract to the company if it submitted the low bid in 1985. 3. City, of Minneapolis (Dave DeVott City Forester) The Contractor completed a tree removal contract for the City of Minneapolis in 1985. The City awards numerous contracts for tree removals yearly and this Contractor is rated "fair" to "good" by the City. Again, as experienced in St. Louis Park, the Contractor was ordered to repair lawn damage. The issued directives were carried out in a timely, competent manner. Upon comparison of the submitted proposal, the Ceres Tree Company bid of $58,160.00 is $6,160.00 greater than the Engineer's Estimate ($52,000.00). The 12% increase can be attributed to an anticipated increase in the number of diseased elm trees indentified throughout the metropolitan area, thereby decreasing Contractor competition for tree removal contracts. Staff considers the "tightening" of the contract specifications a second factor contributing to the unexpected increase in the contract amount (new provisions establish more rigorous performance criteria considered necessary for the timely completion of the work). Staff considers the conditions outlined above account for the increase over the estimated amount. Based upon the references and information provided, I consider Ceres Tree Company to be a competent tree removal contractor. Accordingly, it is recommended the City Council accept the bid of Ceres Tree Company as provided in the attached resolution. JNG : j n� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING CITY HALL /COMMUNITY CENTER LANDSCAPING IMPROVEMENT PROJECT NO. 1984 -12, PHASE III AND ACCEPTING PROPOSAL FOR CONSTRUCTION THEREOF WHEREAS, the City Council considers it to be in the best interests of the City to provide for the completion of landscaping improvements at the City Hall /Community Center complex; and WHEREAS, the City Engineer has received proposals for the installation of plantings at the City Hall /Community Center complex, said proposals as follows: Bidder Proposal Minnesota Tree, Inc. $ 9,985.00 Buell's Landscaping, Inc. $10,005.00 WHEREAS, the City Engineer has advised the City Council that the proposal of Minnesota Tree, Inc., in the amount of $9,985.00 is the lowest responsible proposal received and has recommended that a contract be awarded to said firm in that amount. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The proposed improvement shall be established as follows: CITY HALL /COMMUNITY CENTER LANDSCAPING IMPROVEMENT PROJECT NO. 1984 -12, PHASE III 2. The proposal of Minnesota Tree, Inc., in the amount of $9,985.00, is hereby accepted. The Mayor and City Manager are hereby authorized and directed to enter .into a contract with said firm in that amount. 3. The total cost of said project is estimated as follows: Contract Cost $ 9,985.00 Engineering Cost Staff 898.65 Consultant 733.20 Administrative Cost 99.85 TOTAL $11,716.70 RESOLUTION NO. 4. The accounting for Project No. 1984 -12, Phase III will be done in the Capital Projects Fund (Division 57). Date Mayon ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon the following voted g in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. TO: Sy Knapp, Director of Public Works FROM: Jim Grube, City Enginee DATE: March 21, 1985 RE: Landscaping of City 'Hall /Community Center At your request staff has solicited proposals for the completion of the City Hall /Community Center landscape planting installation begun in 1984 The proposed improvements provide for the installation of plant materials along the easterly side of the Community Center, accenting the fountain area (fountain improvements to be undertaken in 1985), along the northerly wall of City Hall (east of the main entrance), and at the location of the new complex sign (upon its installation). The attached map depicts the areas noted above. Detailed plans will be available at the City Council meeting. Attached herewith is a resolution providing for the installation of planting materials in accordance with contract documents drawn by Tim Erkkila (landscape architect) and the City. The resolution awards a contract to Minnesota Tree, Inc., a reputable firm with which the landscape architect has had many dealings It is proposed that financing for this improvement be provided from Capital Projects Fund, Division 57 (established for improvement of the City Hall /Community Center access - current balance - $29,000). JNG : j n ll •r � �t COMMUNITY CENTER \ -- TING AREA PLAN C/ Ty HALL a ' i xx PLA NT BY SIGN PLANTING AREA (SOU rHBOI ,_ ---;: K PARJCWAY PA RKWA Y SHINGLE CD A% P* E (NORTHBOU r, REEK I ; 1 /0 Member introduced the following resolution and moved its adoption; RESOLUTION NO. 85- RESOLUTION AMENDING THE PERSONNEL REIMBURSEMENT POLICY WITHIN THE BROOKLYN CENTER EMPLOYEE POSITION CLASSIFICATION PLAN BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Schedule K, 1985 Personnel Expense Reimbursement Policy, as set forth in the Brooklyn Center Employee Position Classification Plan, be amended by changing the mileage reimbursement for personal automobiles, as set forth in items 6 and 9, from 21� per mile to 20.5 per mile. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. DEPARTMENT CITY OF OF B YROOKLYN FINANCE CENTER j MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Director of Finance DATE: March 22, 1985 SUBJECT: MILEAGE REIMBURSEMENT New Internal Revenue Service rules for the use of automobiles in business have been established. There are new rules for both City owned automobiles that are taken home at night by employees and employees' automobiles when the employee is reimbursed for City use. We are reviewing the regulations for use of City vehicles and will make recommendations on that use in the near future. I do have a recommendation for reimbursement of employees for the use of their auto- mobile for City business. Currently, e are reimbursing eimbursin those employees Y, g at the rate of 21� per mile. The IRS has determined that any reimbursement that exceeds 20 per mile will be considered an allowance rather than a reimbursement. An allowance must be treated as income by the employee and the employee must declare the income and justify expenses to offset the income. If an employee documents his or her business use to the City, then he or she will.not have to report the - reimbursement as income, if it is 20 or less. Since what we are currently reimbursing and what IRS allows differs by only I recommend that we decrease our per mile reimbursement to 20�� so that our .employees will not have to report the income if they choose not to. I have attached a resolution which, if adopted by the City Council, would amend our mileage reimbursement policy. Paul W. Holmlund PWH:ps Enclosure "'else .54.jcetictatg �Zace �� �� CITY OF BROOKLYN CENTER f ' Notice is hereby given y g that a public hearing will be held on the 25th day of March, 1985 at 8:00 P.M. at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Vacating A Street Easement on the Southeast 1/4 of Section 33, Township 119 North, Range 21 West. ORDINANCE NO. AN ORDINANCE VACATING A STREET EASEMENT ON THE NORTH 198 FEET OF THE EAST 1/2 OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 Or SECTION 33, TOWNSHIP 119 NORTH, RANGE 21 WEST THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. That the street easement on the Easterly 30 feet of the North 198 feet of the East 1/2 of the West 1/2 of the Northwest 1/4 of the Southwest 1/4 of the Southeast 1/4 of Section 33, Township 119 North, Range 21 West, Hennepin County, Minnesota is hereby vacated as a street easement. Section 2. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this day of 1985. Mayor ATTEST: Clerk Date of Publication Effective Date TO: Sy Knapp, Director of Public Works FROM: Jim Grube, City Engineer DATE: February 21, 1985 RE: Ordinance Vacating Street Easement On December 17, 1984, the City Council approved the preliminary plat of Corner Addition, the resubdivision of abutting properties into two residential lots in the southeast corner of the 63rd Avenue -Unity Avenue intersection. A specific condition placed upon the final plat required that "a determination of the existing easement on the property shall be made and said easement shall be removed prior to final plat approval" Research indicates that the easement in question was granted for street purposes prior to 1955. A review of 1952 maps shows that the easement area coincided with the easterly 30 feet of a much larger tract, thereby providing a natural location for a street. Subsequent development resulted in the actual location of the street (Unity 1ty Avenue ) some 150 feet westerly, rendering the re p viously granted easement nonessential.. Necessary paperwork a erwork which would have vacated the City's interest in the easement was never drafted, therefore, it is recommended the City Council now release its interest in the easement as specified in the conditions for final plat approval. Attached herewith is an ordinance which vacates the easement as recommended. It is offered for a first reading at the February 25, 1985 Council meeting. JNG : j n l y Norfh /,Y c I See. 33 T//9� ,?l a of SjY /¢ of SEA AVENUE/ NORTH - /53. -f E.i+�n♦ 5 >n�ry .erc.r SeM.rr N69 ° Q90.� •• W Sail:r..ry,titnwA ° I e I S +'- Lencre+e 4-Z I guy th _ Ile 94 1 I 40.OB I I Pg Y q6AP Z © /7, 75/ W o o e °h A? 418 sOff A Q ` / S tory lV ' Wood Fro.n I I g ti emu.. House _ D 0 8 � ' �`\ ► ' to Yq �� nt C`J`,• 44 04;1 L 0 At Gravel Drive iz I S'& f Oroinage fimf IT w I AA . " � — �/89f/ °NjraJs E � 1 n '' GL'17 /S304' /Yg9 ,1crM 199 s'/ of E %z Kam% o / f SW %q o f SE :v o /' Sec 33, CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will'be held on the 25th day of March- / 1985 at 8 :00 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending the Penalty Sections of the City Ordinances of Brooklyn Center to Reflect the Changes in Minnesota Statutes. ORDINANCE N0. AN ORDINANCE AMENDING THE PENALTY SECTIONS OF THE CITY ORDINANCES OF BROOKLYN CENTER TO REFLECT THE CHANGES IN MINNESOTA STATUTES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Pursuant to Laws of Minnesota 1983, Chapter 331, Section 5, Subd . 3 of the following numbered City Ordinances which prescribe a maximum fine of $500 or imprisonment for 90 days for an ordinance violation are hereby amended to prescribe a maximum fine of $700 or imprisonment for 90 days or both, together with the costs of prosecution. Section 1 -120, an ordinance relating to animal control. Section 3 -102G, an ordinance relating to the building code. Section 3 -104E, an ordinance relating to the addressing of buildings. Section 4 -501, an ordinance relating to water and sewer. Section 5 -114, an ordinance relating to conduct at the scene of a fire emergency. Section 5- 211, an ordinance relating to the fire prevention code. Section 5- 304, an ordinance relating to fire prevention provisions in industrial, commercial and residential districts. Section 5 -402, an ordinance relating to the establishment of fire lanes. Section 7 -108, an ordinance relating to garbage and sanitation code. Section 7 -206, an ordinance relating to public swimming pool rules, regulations and licensing provisions. Section? -402, an ordinance relating to connection of drain pipes and the sewer system. Section 7 -504, an ordinance relating to cleaning of septic tanks and cesspools. Section 7 -607, an ordinance relating to lodging establishments. Section 9 -2, an ordinance relating to Northwest Suburbs Joint Cable Communications. Section 9 -303, an ordinance relating to burial of certain electrical and communication lines. Section 12 -910, an ordinance relating o license suspension or r voc g i ense revocation in housing maintenance and occupancy. Section 12- 1205, an ordinance relating to compliance orders in housing maintenance and occupancy. ORDINANCE N0. Section 12 -1302, an ordinance relating to execution of housing compliance orders by public authority. Section 15 -114, an ordinance relating to the platting code. Section 19 -106, an ordinance prohibiting the keeping of any nuisance or offensive matter Section 19 -201, an ordinance relating to loitering. Section 19 -212, an ordinance relating to cruel treatment to animals. Section 19 -215, an ordinance relating to vagrancy. Section 19 -307, an ordinance relating to curfew. Section 19 - 1 104, an ordinance relating to firearms, fireworks and other dangerous devices in the City. Section 19 -502, an ordinance prohibiting destruction or theft of City property. Section 19- 601.2, an ordinance prohibiting the issuance of worthless checks. Section 19 -702, an ordinance prohibiting door to door solicitation under certain circumstances. Section 19 -805, an ordinance regulating the carrying of pistols or revolvers. Section 19 -902, an ordinance prohibiting the obstruction of sidewalk and walkways. Section 19- 1005, an ordinance providing for the abatement of abandoned motor vehicles. Section 19- 1103, an ordinance establishing standards for the operation of drive -in restaurants. Section -19 -1104, an ordinance defining unlawful conduct in a drive -in restaurant. Section 19 -1105, an ordinance defining unlawful assembly in a drive -in restaurant. Section 19- 1106, an ordinance prohibiting the consumption of alcoholic beverages in a drive -in restaurant. Section 19 -1108, an ordinance relating to the public nuisances and petty offenses code. Section 19 -1126, an ordinance regulating the possession and purchase or delivery of barbituates and other prohibited drugs. Section 19 -1132 s an ordinance regulatin g the sale and possession of codeine. ORDINANCE NO. Section 19 -1138, an ordinance prohibiting the inhaling, breathing or drinking of certain substances commonly known as glue and regulating the purchase sale and possession thereof. Section 19 -1203, an ordinance providing for the abatement of noise. Section 19- 1307, an ordinance regulating the operating, parking, storing, repairing, servicing and maintaining of junk vehicles. Section 19 -1403, an ordinance requiring fencing around all outdoor swimming pools Section 19 -1506, an ordinance relating to the detection and control of Dutch elm disease. Section 19 -1604, an ordinance providing for the control of noxious weeds. Section 19 -1705, an ordinance prohibiting prostitution, nudity and other acts. Section 19- 1805, an ordinance prohibiting pornography and related materials. Section 21 -111, an ordinance relating to the public transportation code. Section 23.012.02, an ordinance establishing general licensing regulations. Section 23 -107, an ordinance relating to special license. Section 23- 201.02, an ordinance providing for the licensing of pool, billiard and bumper pooh tables in the City. Section 23- 209.06, an ordinance regulating bowling alleys. Section 23 -303, an ordinance relating to licensing of certain public dancing in the City. Section 23 -410, an ordinance providing for regulations and the licensing of filling stations. Section 23-508i an ordinance regulating the operation of bicycles. Section 23 -609, an ordinance regulating the game of bingo as authorized by Minnesota statute. Section 23 -709, an ordinance relating to the appointment of special police officers. Section 23 -1008, an ordinance licensing and regulating the operation of coin- operated and self- service dry cleaning machines. Section 23 -1111, an ordinance providing standards for parades and regulating the conduct of Section 23 -1222, an ordinance relating to the sale of motor vehicles, establishing regulations and providing for licensing. ORDINANCE N0. Section 23 -1305, an ordinance relating to the sale of Christmas trees. Section 23- 1416, an ordinance regulating he construction maintenance g , and operation of nursing homes and boarding care homes. Section Q -1502, an ordinance requiring the licensing of mechanical contractors and house moving contractors. Section 23 -1614, an ordinance relating to saunas or sauna baths. Section 23- 1719, an ordinance relating to massage parlors. Section 23 -1814, an ordinance relating to rap parlors, conversation parlors, adult encounter groups, adult sensitivity groups, escort services, model services, dancing services, or hostess services. Section 23 -1909, an ordinance relating to operation of certain gambling devices. Section 23- 2009.2, an ordinance relating to alarm systems. Section 23- 2117, an ordinance relating to amusement devices. Section 25 -102, an ordinance relating to public streets and drainage ways. Section 25 -304, an ordinance relating to weight limits on streets and highways. Section 27 -101, an ordinance regulating motor vehicles and other conveyances within the City. Section 27 -203, an ordinance regulating safety aspects regarding on street soliciting and vending by catering food. Section 27 -908, an ordinance regulating the use and operation of snowmobiles. Section 31 -250, an ordinance relating to the civil defense code. Section 34 -210, an ordinance relating to signs. Section 35 -1040, an ordinance relating to the zoning code. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 1984. Mayor ATTEST: Clerk Date Published Effective Date le CITY OF BROOKLYN CENTER Notice is hereby given that a public hearin g will be held on the of 1985 at at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the City Charter. ORDINANCE NO. AN ORDINANCE AMENDING CHPATER 17 OF THE CITY ORDINANCES REGARDING USE OF SICK LEAVE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 17 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 17 -112. SICK LEAVE. 1. Eligibility. Sick leave with pay shall be granted to probationary and permanent employees at the rate of one working day for each calendar month of full -time service or major fraction thereof. 2. Sick leave [may be] shall be used [only] normally for absence from duty because of personal illness or legal quarantine of the employee, or because of serious illness ie the immediate family. Immediate family shall mean brother, sister, parents, parents -in -law, spouse, or children of the employee. Sick leave maybe used for the purpose of attending the funeral of immediate family members plus brothers- in-law, sisters -in -law, grandparents, grandparents -in -law, and grandchildren of the employee. In addition to the preceding conditions, supervisors may approve the use of sick leave, up to a maximum of four 4 days 32 hours per calendar year, for the care of the employee's children or spouse when the employee's supervisor determines that the situation requires the employee's presence. The four )special use days 32 hours cannot be accumulated from one year to the next, and if they are not used, they are included in the employee's normal sick leave accumulation. 3 Accrual Sick Leave shall accrue at the rate of one day per month until 120 days have been accumulated and at the rate of one -half day per month after 120 days have been accumulated Employees using earned vacation leave or sick leave shall be considered to be working for the purpose of accumulating additional sick leave. Workers' Compensation benefits shall be credited against the compensation due employees during sick leave. 4. Procedure. In order to be eligible for sick leave with pay, employees must: a. Notify their superior prior to the time set for the beginning of their normal workday. b. Keep their superior informed of their condition. ORDINANCE No. c. Furnish a statement from a medical practitioner upon the request of the Employer. 5. Misuse Prohibited. Employees claiming sick leave when physically fit,.except as otherwise specifically authorized in Section 17 -112 (2) shall be subject to disciplinary action up to and including discharge. 6. No Terminal Sick Leave. Sick leave benefits shall not be granted upon termination of employment. Section 2. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this day of 19 Mayor ATTEST: Clerk Date of Publication Effective Date Brackets indicate matter to be deleted, underline indicates new matter.) Licenses to be approved by the City Council on March 25, 1985 FOOD ESTABLISHMENT LICENSE / American Bakeries 4215 69th Ave. "N: Brook Park Baptist 4801 63rd Ave. N. Brooklyn Center Community Center 6301 Shingle Cr. Pkwy. Brooklyn Center High School 6500 Humboldt Ave N. Chuck's Q. 1505 69th Ave. N. Cross of Glory Church 5929 Brooklyn Blvd. Dayton's Brookdale Center Denne's Market 6912 Brooklyn Blvd. Duke's Standard 6501 Humboldt Ave. N. Earle Brown Elementary School 5900 Humboldt Ave. N. House of Hui 6800 Humboldt Ave. N. Korean Presbryterian Church 6830 Quail Ave. N. McDonald's 552 5 Xerxes Ave. N. Marc's Big Boy 5440 Brooklyn Blvd Munch Box Snack Service 6840 -20 Shingle Cr. Pkwy. Nature Food Center Brookdale Center Northbrook Alliance Church 6240 Aldrich Ave. N. Northport Elementary School 5421 Brooklyn Blvd. Orange Julius Brookdale Center St. Alphonsus Church .7025 Halifax Ave. N. Sears, Roebuck & Co. Brookdale Center Winchell's Donut House 1912 57th Ave. N. QJVlt�J1r� Sanitarian GARBAGE & REFUSE HAULER'S LICENSE Fragrance Trucking 99 NW 99th Lane � `ply Sanitarian ITINERANT FOOD ESTABLISHMENT LICENSE Earle Brown PTA 5900 Humboldt Ave. N. SanitarianP MECHANICAL SYSTEMS LICENSE Care Air Conditioning & Heating 1211 Old Highway 8 Central Heating & Air Cond. 1971 Seneca Rd. Consolidated Plumbing & Heating 1530 E. Cliff Rd. Frank's Heating & Air Cond. 3107 California St. NE Golden Valley Heating & Air Cond 5182 W. Broadway Hutton & Rowe, Inc. 2126 2nd Ave. N. Lloyd's Sheet Metal 6659 Vicksburg Ln. Maple Grove Heating & Air Cond. 240 Central Ave.' Merit H.V.C. Inc. 530 W. 70th St. Pierce Refrigeration 1920 2nd Ave. S. SBS Mechanical, Inc. 7160 Madison Ave. W. Sheridan Sheet Metal Co. 4108 Quebec Ave. N. Stein's, Inca 1420 W. 3rd Ave. Superior Contractors, Inc. 6121 42nd Ave. N. Fred Vogt & Co 3260 Gorham Ave. Yale, Inc. 9649 Girard Ave. S... Buildi Official MOTOR VEHICLE DEALERSHIP LICENSE Iten Chevrolet 6701 Brooklyn Blvd. North Star Dodge 6800 Brooklyn Blvd. , City Clerk' PERISHABLE VENDING MACHINE LICENSE Norcroftt, Inc. Rte. 1, Box 22 Brooklyn Center High School 6500 Humboldt Ave. N. Sanitarian, RENTAL DWELLING LICENSE Initial: Invespro V Limited Partnership Unicorn Apts Jean Beisner 6613 Xerxes Place Renewal: Miller Management Co. Willow Lane Apts. LuAnn Falenczykowski 6000 Abbott Ave. N. Boyer Palmer 6101 Beard Ave. N. C. C. Hogen 5030 Brooklyn Blvd. Curtis & Audrey Cady 6915 Brooklyn Blvd. Richard Olson 5818 Humboldt Ave. N. Nelson S. Gregg Co. 6715 & 6721 Humboldt Ave. N. William & Bonnie Shutte 6717 & 6719 Humboldt Ave. N. Roland Scherber 4714 Lakeview Ave. N. Len Riley 6812 Perry Ave. N. Joseph Veidel 7104 Unity Ave. N. Fred Beier 5300, 04 Vincent Ave. N. Raymond & Betty Anderson 7113 Willow Lane Mrs. Robert E. Schultz 4201 Winchester Lane Robert & Patricia Bobleter 4807 Wingard Place Catherine P. Shefeluk 3018 51st Ave. N. Ron Van Kempen 3213 67th Ave. N. Riley Hinschberger 2809 67th Lane Roger Williams 2913 67th Lane Young Ho Kang 1510 69th Ave. N. Director of Planning ' and Inspection SIGN HANGER'S LICENSE Lawrence Sign Company 945 Pierce Butler Rte. LeRoy Signs, Inc. 6325 Welcome Ave. N. Suburban Lighting, Inc. 6077 Lake Elmo Ave. N. Universal Sign Company 1033 Thomas Ave. N. Bu Official SWIMMING POOL LICENSE Brookdale Ten Apts. 53rd & Highway 100 Evergreen Park Apts. 7200 Camden Ave. N. Moorwood Townhomes 5809 Lake Curve Lane Sanitarian GENERAL APPROVAL: Gerald G. Spli n fir, City Clerk