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HomeMy WebLinkAbout1985 06-10 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JUNE 10, 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 an Nyquist, Councilmembers Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Planning & Inspection Ron Warren, City Engineer Jim Grube, City Attorney Richard Schieffer, Housing Coordinator Brad Hoffman, Deputy City Clerk Geralyn Barone. Mayor Nyquist noted that Councilmember Lhotka was out of town and was excused from this evening's meeting. INVOCATION The invocation was offered by Mayor Dean Nyquist. 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 Hawes requested that items 8, 9i, and 9J be removed from the Consent Agenda. APPROVAL OF MINUTES - MAY 20, 1985 There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the City Council meeting of May 20, 1985 as submitted.` Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS RESOLUTION NO. 85 -87 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING THE ACHIEVEMENT OF MARY REBECCA'VONDERHARR 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 6 -10 -85 -1- RESOLUTION NO. 85 -88 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING THE ACHIEVEMENT OF BILL DONELSON 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, 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 -91 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR ONE ( 1 ) 14 FOOT ALUMINUM STEP 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, 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 -94 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1984 -B (LIFT STATION IMPROVEMENT PROJECT NO. 1983 -09, PHASE I) 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, 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 -97 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SHORT- ELLIOTT- HENDRICKGSON, INC. FOR THE DESIGN OF TRAFFIC CONTROL SIGNAL SYSTEMS ON SHINGLE CREEK PARKWAY AT JOHN MARTIN DRIVE AND AT SUMMIT DRIVE 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, 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 -98 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ORR- SCHELEN- MAYERON AND ASSOCIATES, INC. FOR THE DESIGN OF A WATER UTILITY CONTROL SYSTEM 6 -10 -85 -2- 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, 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 Snyder Brothers Brookdale Shopping Ctr. AMUSEMENT DEVICE - VENDOR B & K Music & Vending 3420 Nicollet Ave. S. Carousel International P.O. Box 307 Theisen Vending Co. 3804 Nicollet Ave. S. FOOD ESTABLISHMENT LICENSE Brooklyn Center Babe Ruth 2206 Brookview Dr. Chuck Muer's 2101 Freeway Blvd. Interstate United 1091 Pierce Butler Rte. Hoffman Engineering 6530 James Ave. N. K -Mart 5930 Earle Brown Dr. K -Mart 3600 63rd Ave. N. Lynbrook Bowl, Inc. 6357 N. Lilac Dr. Num Num Foods Brookdale Center Service Systems 701 Decatur Northwestern Bell 5910 Shingle Cr. Pkwy. Video Review 5810 Xerxes Ave. N. GARBAGE AND REFUSE VEHICLE LICENSE erg gstrom Trucking 5860 73rd Ave. N. Block Sanitation 6741 79th Ave. N. Mengelkoch Co. 119 NE 14th Street Midwest Grease Buyers, Inc. P.O. Box 26 Robbinsdale Transfer Co., Inc. 5232 Hanson Court Woodlake Sanitary Service 4000 Hamel Road ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Fire Dept. 6301 Shingle Cr. Pkwy. MECHANICAL SYSTEMS LICENSE T.G.S. Mechanical 50 Choctaw Circle NONPERISHABLE VENDING MACHINE LICENSE Riviera Tanning Studio 6040 Earle Br. Dr. SIGNHANGER LICENSE rossstown Sign Co. 10166 Central Ave. NE SWIMMING POOL LICENSE C ip e Park Investment Group 6507 Camden Ave. N. 6 -10 -85 _ -3- TEMPORARY ON -SALE NONINTOXICATING LICENSE Brooklyn Center Fire Dept. 6301 Shingle Cr. Pkwy. Brooklyn Center Jaycees 7254 Dupont Ave. N Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. FINAL APPROVAL OF 7100 CORPORATE PLAZA Councilmember Hawes asked if the City Attorney had approved this item. The City Attorney stated that approval had not yet been granted, but would be when an abstract was received. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to approve the final plat of 7100 Corporate Plaza which provides for the combination of the various parcels which comprised the former City Hall site along Brooklyn Boulevard. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTIONS (CONTINUED) RESOLUTION NO. 85 -89 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CALLING A PUBLIC HEARING ON THE ESTABLISHMENT OF A REDEVELOPMENT PROJECT AND A TAX INCREMENT FINANCING DISTRICT 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, 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 Establishing the Date for a Public Hearing on a Proposed Housing Program at Brookwood Condominiums. Councilmember Hawes referred to the second paragraph of the resolution, questioning the timing of the public hearing. The Housing Coordinator noted that the date of the public hearing was correct, but the wording of the resolution should state that notice of the public hearing should be published no less than 15 days or more than 30 days prior to the date of the hearing. RESOLUTION NO. 85 -90 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING THE DATE FOR A PUBLIC HEARING ON A PROPOSED HOUSING PROGRAM PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C, AND AUTHORIZING PUBLICATION OF NOTICE THEREFOR 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, 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 Authorizing the Execution of a Joint Powers Agreement with the City of Crystal. 6 -10 -85 -4- Councilmember Theis asked what the possibility would be of future reciprocation with the City of Crystal. The City Manager responded that the possibility exists in the future, but there may never be a time when the City of Brooklyn Center would need something. Councilmember Theis agreed with the City Manager. 'l Mayor Nyquist asked if Brooklyn Center would be associated with the City of Crystal if Crystal defaulted. The City Manager said that Brooklyn Center would not be named. RESOLUTION NO. 85 -92 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT POWERS AGREEMENT WITH THE CITY OF CRYSTAL 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, 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 Housing Coordinator left the meeting at 7:10 p.m. The City Manager introduced a Resolution Authorizing the Transfer of Funds from the Contingency Fund to the Playground Program. He stated that contingency funds would be needed because of the difficulty in changing the programs at this time. Councilmember Scott asked if the employees are placed through the Tree Trust Program. The City Manager responded affirmatively. Councilmember Theis asked if the employees were paid with Brooklyn Center payroll checks. The Housing Coordinator returned to the meeting at 7:15 p.m. The Housing Coordinator responded to Councilmember Theis' inquiry, stating the employees are paid directly through the Tree Trust Program, a corporation that has a contract with Hennepin County. He stated the employees are paid every two weeks and the checks are delivered to the City. Councilmember Theis asked if the City would be involved in funding until the legislature acts. The City Manager responded affirmatively. RESOLUTION NO. 85 -93 Member Rich is introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE CONTINGENCY FUND TO THE PLAYGROUND PROGRAM 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 6 -10 -85 -5- The City Manager introduced a Resolution Establishing West Palmer Lake Trail Improvement Project No. 1985 -18 and Accepting Proposal for Construction Thereof. Councilmember Hawes commented that the cost involved for this project seemed like a lot of money for a short stretch of blacktop, nd asked if there was fabric is underla Y planned for this project. The City Engineer stated that there would be a fabric underlay in addition to a gravel base and a granular subgrade. Councilmember Hawes asked how long the trail connection would be, and the City Engineer responded saying it would be 280' long. The City Engineer added that the price of this project was comparable to the amount paid one and one -half years ago for the Evergreen Park area and the Lions Park area improvement projects. Councilmember Hawes asked if a request had been received for this improvement project, and the City Engineer responded saying over the last two seasons a need had developed because of the number of people short cutting through the ball fields. The City Manager noted that staff would prefer to have people use sidewalks instead of walking through the parking lot. The Director of Public Works added that City staff had expected the City of Brooklyn Park to extend the trail, but it was left as a dead end. He said it was unknown when Brooklyn Park would plan on extending their trail, and City staff would prefer not to leave this as a dead end. RESOLUTION NO. 85 -95 Member Celia . Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING WEST PALMER LAKE PARK TRAIL IMPROVEMENT PROJECT NO. 1985 -18 AND ACCEPTING PROPOSAL FOR CONSTRUCTION THEREOF 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, Celia Scott, and Rich Theis; and the following voted against the same: Bill Hawes, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Establishing Central Park Plaza Improvement Project No. 198 -10, Phase II and Accepting Proposal for Construction Thereof. He noted the purpose of this project is to provide outdoor faucets to attach hoses in order to water the plants. He added that the Garden Club suggested the faucets are necessary in order to properly maintain the plants. Councilmember Hawes requested clarification of this project. The City Manager stated there are six flower beds, and each flower bed would have a faucet to connect a hose to. Councilmember Hawes stated that he felt this was a great deal of money for this project. The Director of Public Works responded saying quotations had been received from two installers, and a third quotation received was even higher than these two quotations. He noted that a great deal of plumbing is involved in this project. Councilmember Hawes asked why a water storage tank is necessary, and the Director of Public Works said he was advised that it is necessary to get uniform pressure. The City Manager added that the tank be attached to a shallow well, where the land is harder and more expensive t6-work with. Councilmember Theis expressed concern that if the water would be coming from a shallow well, the iron content would be the same as that at the City garage. The Director of Public Works noted that the City garage well is 20' deep, and the City Engineer stated this well would be 100' deep. Councilmember Theis asked what the iron content of the water for this project would be, and the City Engineer responded - 6 -10 -85 -6- that the iron content had not been tested. Councilmember Theis asked where the location of these faucets would be in relationship to the sidewalks. The City Manager responded saying the sidewalks would not be affected, but the blacktop is in the area. Councilmember Theis asked why these faucets could not be run on the City system, and the City Manager stated it would be more expensive to run the water from the water main. Councilmember Theis asked if the sprinkling system had now been changed at the City garage, and the City Manager responded affirmatively. RESOLUTION NO. 85 -96 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING CENTRAL PARK IMPROVEMENT PROJECT NO. 1984 -10, PHASE II AND ACCEPTING PROPOSAL FOR CONSTRUCTION THEREOF 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, Celia Scott, and Rich Theis; and the following voted against the same: Bill Hawes, whereupon said resolution was declared duly passed and adopted. DISCUSSION ITEM CIVIL DEFENSE WARNING SIRENS PROPOSALS The City Manager reviewed the proposals before the City Council this evening, and stated that Proposal Two would give the best coverage to the City. Councilmember Theis asked what the current age of the sirens is, and the Deputy City Clerk stated that the sirens are approximately 30 years old. Councilmember Theis questioned the current siren coverage, and the City Manager responded that in the past no comprehensive plan had been developed for the civil defense sirens. Councilmember Theis asked about the capability of the sirens in varying weather conditions, and the City Manager responded that weather would have some affect on the siren coverage. Councilmember Hawes noted he had received complaints from residents living in the northwest part of the City. The City Manager stated that the City is not covering as much of an area as was thought in the past. RESOLUTION NO. 85 -104 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING TRANSFER OF FUNDS FROM THE CONTINGENCY FUND TO EMERGENCY PREPAREDNESS CAPITAL OUTLAY 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ORDINANCES The City Manager introduced An Ordinance Vacating Irving Avenue North as Platted Within the Hellsted Addition. He explained the ordinance is offered for a first reading and provides for vacation of a platted, but never developed 30' wide street right -of -way, i.e. Irving Avenue North from 69th Avenue North to its dead end approximately 490' south of 69th Avenue North. 6 -10 -85 -7- There was a motion by Councilmember Theis and seconded by Councilmember Scott to approve for first reading An Ordinance Vacating Irving Avenue North as Platted Within the Hellsted Addition and to set the public hearing date on the ordinance for July 8, 1985 at 7:30 p.m. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. The City Manager introduced An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor Licenses. He explained the ordinance was first read on May 6, 1985, published in the City's official newspaper on May 16, 1985, and is offered this evening for a second reading. He stated the ordinance provides an additional class of liquor license (Class D) to the ordinance, and it also addresses miscellaneous housekeeping changes and corrections to the City liquor ordinance. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor Licenses. He inquired if there was anyone present who wished to speak at the public hearing. Councilmember Theis questioned the process of timing for when an applicant must have a Class D license. He asked if an applicant would have the same license fee through the end of the calendar year, and the City Attorney responded affirmatively. Mayor Nyquist noted that no one requested to speak at the public hearing 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. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. ORDINANCE NO. 85 -09 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES REGARDING LIQUOR LICENSES The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. The City Manager introduced An Ordinance Amending Chapter 23 of the City Ordinances Regarding On -Sale Intoxicating Liquor License Fees. He explained the ordinance was first read on May 6, 1985, published in the City's official newspaper on May 16, 1985, and is offered this evening for a second reading. He explained this ordinance establishes the license fee for the Class D liquor license. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 23 of the City Ordinances Regarding On -Sale Intoxicating Liquor License Fees. He 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 Theis and seconded by Councilmember Hawes to close the public hearing on An Ordinance Amending Chapter 23 of the City Ordinances Regarding On -Sale Intoxicating Liquor License Fees. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. 6 -10 -85 -8- ORDINANCE NO. 85 -10 Member Bill Hawes introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING ON -SALE INTOXICATING LIQUOR LICENSE FEES The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. The City Manager introduced An Ordinance Amending the City Ordinance Relating to the Regulating, the Operating, Parking, Storing, Repairing, Servicing, and Maintaining of Vehicles. He explained the ordinance was first read on May 6, 1985, published in the City's official newspaper on May 16, 1985, and is offered this evening for a second reading. He explained this ordinance addresses the issue of vehicles stored on private property which had been previously classified as junk vehicles. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending the City Ordinance Relating to the Regulating, the Operating, Parking, Storing, Repairing, Servicing, and Maintaining of Vehicles. He 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 Scott and seconded by Councilmember Theis to close the public hearing on An Ordinance Amending the City Ordinance Relating to the Regulating, the Operating, Parking, Storing, Repairing, Servicing, and Maintaining of Vehicles. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. ORDINANCE NO. 85 -11 Member Rich Theis introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING THE CITY ORDINANCE RELATING TO THE REGULATING, THE OPERATING, PARKING, STORING, REPAIRING, SERVICING, AND MAINTAINING OF [JUNK] VEHICLES The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO. 85014 SUBMITTED BY SILVER LAKE LEASING, REQUESTING SPECIAL USE PERMIT APPROVAL TO OPERATE A_ CAR LEASING OFFICE IN THE COMMERCIAL BUILDING AT 34�OTH AVENUE 'NORTH ' The City Manager explained Application No. 5$ 011 was recommended for approval by the Planning Commission at its May 23, 1985 meeting. The Director of Planning & Inspection reviewed Application No. 85014, stating the area in question is zoned C -2 for commercial use, and auto rental and leasing are special uses in a C -2 zoning district, so a special use permit is necessary. He added that no cars would be 6 -10 -85 -9- stored at the site, and stated the Planning Commission recommended approval of Application No. 85014 subject to the conditions listed on the information sheet. Councilmember Theis asked if the paper work only would be conducted at this site, and leased cars would be stored only at the auto dealership site. The Director of Planning & Inspection responded that this would be the case. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 85014. He inquired if there was anyone in the audience who wished to speak at the public hearing. Mr. Bruce Johnson representing Silver Lake Leasing introduced himself to the City Council. Councilmember Scott inquired about the process for leasing a car. Mr. Johnson stated a credit rating would be checked on a customer, and a car with the options desired would be ordered with a minimum of one year leasing. He added that much of the work consists of phone calls, and stated his was a paper- oriented business with individuals and small corporations as customers. He added at this point the company can handle 150 leases. Mayor Nyquist asked if there was anyone else in the audience 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. 85014. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Application No. 85014, subject to the following conditions: 1. There shall be no storage or transfer of vehicles at the site or on the neighboring Legion Club property. Office use only is permitted at 4315 70th Avenue North. 2. The permit is issued to the applicant as operator of the facility and is nontransferable. 3.. The permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. RECESS The Brooklyn Center City Council recessed at 7 :52 p.m. and reconvened at 8:03 p.m. PUBLIC HEARING ON EWING AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1985 -10 The City Manager stated a notice of the hearing had been published in — the official newspaper and all affected property owners had received written notice of the hearing. He stated the City Council must decide on whether or not to order this project, and if ordered, another hearing would be held when costs are known. 6 -10 -85 -10- The Director of Public Works reviewed a history of the project, presenting a map showing those properties listed on an original petition requesting an improvement project between 67th and 69th Avenues North on France, Ewing, and Drew Avenues North, and on 67th and 68th Avenues North between Drew and France Avenues North. He stated that 50% of those living on the 6800 block of Ewing had signed the petition, and on this basis he was recommending to the City Council that consideration be given only to Ewing between 67th and 68th Avenues North. The Director of Public Works added that following the receipt of the first petition, he received a petition opposing the project, and the second petition contained names of homeowners from the first petition. The City Manager stated that based on the initial petition a hearing had been requested, but since then numerous complaints had been received. Therefore, City staff recommends this improvement project not be considered for construction this season. He added that the petitions are flawed, because common names are on both petitions for and against the project. He added that a public hearing must be held nevertheless Councilmember Hawes asked if both husband and wife may sign opposing petitions, and the City Manager stated that it would be a valid petition, if so done. The City Manager stated that a simple majority of the City Council is needed for approval of the project if a petition is presented, and if no petition is received a four -to -one vote is necessary. Councilmember Hawes asked if in this case husband and wife had signed opposing positions, and the City Manager stated no one had. Councilmember Theis asked what the length of time between receipt of the first and second petition was. The City Manager responded he was not sure, but the petitions probably had been received within several weeks of each other. Mayor Nyquist inquired as to the reason for those who had signed two petitions. The City Manager responded that he was not sure. He added that in the future, the petition process may not be recommended in order to maintain anonymity. He added the opportunity exists for misinterpretation when a petition is used. The Director of Public Works stated the original petition received by the Engineering Department was dated March 20, 1985, and the petition opposing the first petition was received on April 19, 1985. He stated that several people originally signing in favor of the project did not know they were signing for all the streets in the neighborhood, and said these people would not have signed the original petition knowing that the improvement project would only be for one block. Councilmember Theis asked how much information is given to the petition - carrier. The Director of Public Works said the petitioner is able to decide what area they want covered on a petition, and the petition is then made up by the Engineering Department. A cover letter was sent with the new assessment policy along with information describing the proposed improvements. Counter petitions were also sent along and the petition - carrier was told to ask property owners to sign one or the other petition. The Director of Public Works stated that sometimes this procedure is followed, and sometimes it is not. Councilmember Theis asked if the first petition contained the six block area. The Director of Public Works responded saying five separate petitions, including two block areas, and five counter petitions opposed to those improvements in those areas were sent with the petition - carrier. 6 -10 -85 -11- Council.member Hawes asked how far the improvement project would go past 68th and 69th Avenues North on Ewing Avenue North, and the City Manager replied that the street would be paved just around the radius of the corner. Mayor Nyquist opened the meeting for the purpose of a public hearing on Ewing Avenue North Street Improvement Project No. 1985 -10. I Mayor Nyquist recognized a member of the audience who asked if the original petition was signed for several blocks, who had the right to change the petition to a one block area. The City Manager responded that the City Council chose to go block by block. The Mayor recognized another member of the audience who stated he lived on the corner, and wondered if he would be charged again when the other side of the street would be paved. The City Manager stated that the resident would be assessed one time only. Mayor Nyquist recognized Mr. Larry Nelson of 6701 Drew Avenue North, who asked how he would be affected by this project. The City Manager responded that this hearing is on Ewing Avenue North between 68th and 69th Avenues North. Mayor Nyquist recognized a member of the audience who inquired why the person carrying the petition was not educated on the proposals. The City Manager responded that an attempt is made to educate the petition- carrier, but the process is not alway so simple. The member of the audience stated his opinion that it is the responsibility of the City Council to go out with the petitions in order to avoid confusion. The Director of Public Works stated that the original petitioner and the second petitioners were all acting in good faith, as was his office. He added it was a matter of incomplete information being available to the residents. Mayor Nyquist recognized the resident of 6737 Ewing Avenue North who said at no time had he approved of the improvement project. He asked on what basis the City decided to conduct a survey of the residents without justification. The City Manager stated if someone expresses an interest then a short process will be followed. One method is to use a petition which can be very effective, but subject to problems. Mayor Nyquist recognized a member of the audience who predicted a drainage problem would occur if the project were completed. The Director of Public Works stated that if the current project is planned, the existing bituminous gutter across from 69th Avenue North would be removed and replaced with a concrete drain. Mayor Nyquist recognized another member of the audience who stated that although her residence indicates that she had signed the first petition, she had never even seen that petition. Mayor Nyquist addressed the audience, asking all those in favor of the Ewing Avenue North Street improvement project to raise their hand, and one person did so. Mayor Nyquist asked for the number of those opposing the improvement project, and approximately 20 members of the audience indicated their opposition. 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 6 -10 -85 -12- public hearing. There was a motion by Councilmember Hawes and seconded by Councilmember Theis to close the public hearing on Ewing Avenue North Street Improvement Project No. 1985 10. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTION NO. 85 -99 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION TERMINATING PROCEEDINGS FOR EWING AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1985 -10 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PUBLIC HEARING FOR DREW AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1985 -11 The City Manager announced that notice of the hearing had been published in the official newspaper and all affected property owners had received written notice of the hearing. The Director of Public Works stated an original petition had been issued with no signatures received. The property owner asked for a new petition to be drawn up for Drew Avenue North between 68th and 69th Avenues North. On this second petition six residents voted in favor of the petition while eight members voted against it. Based on this petition, the Engineering staff presented this proposal to the City Council for consideration and a public hearing had been set for this date. A subsequent petition opposing the improvements on Drew Avenue North between 67th and 69th Avenues North showed no one in favor of installation of the improvements. The Director of Public Works stated he had received a number of calls from property owners stating their objections to the improvements on Drew Avenue North. He added that the original circulator of the petition for the improvement on Drew Avenue North between 68th and 69th Avenues North is no longer in favor of the improvement Based on these events, the Director of Public Works recommended to the City Councii that this project be denied. Mayor Nyquist opened the meeting for the purpose of a public hearing on Drew Avenue North Street Improvement Project No. 1985 -11. Mayor Nyquist recognized Ernie Erickson of 6800 Drew Avenue North who stated this project should be terminated for the same reasons as those given for the Ewing Avenue North Improvement Project. Mayor Nyquist recognized another member of the audience who stated he wished to change his preference from approval to opposition of the project. 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 Scott and seconded by Councilmember Hawes to close the public hearing on Drew Avenue North Street Improvement Project No. 1985 - 11. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. 6 -10 -85 -13- RESOLUTION NO. 85 -100 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION TERMINATING PROCEEDINGS FOR DREW AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1985 -11 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PUBLIC HEARING FOR DALLAS ROAD STREET IMPROVEMENT PROJECT NO. 1985 -12 The City Manager stated that notice of the hearing had been published in the official newspaper and all affected property owners had received written notice of the hearing. The Director of Public Works noted this project was initiated by a petition of the property owners, and all property owners were offered a chance to sign either for or against the improvement. He added that more than a majority is in favor of .proceeding with the improvement project, and therefore this project is recommended for a public hearing tonight. He stated the high cost for construction of this project is due to the very substantial deterioration of the existing roadway caused by a high water table, poor soil, and bad street materials. In order to properly construct a street, the current street must be removed and a totally new bituminous surface replaced at a cost of $92,830. The homeowners will be assessed for a portion of the cost. Mayor Nyquist opened the meeting for the purpose of a public hearing on Dallas Road Street Improvement Project No. 1985 -12. Mayor Nyquist recognized a member of the audience who asked if the new street would hold up even with all of the garbage truck traffic. The City Manager stated the new street is designed to hold five tons, and because drainage has been a problem, it will be corrected with this project. The Director of Public Works added that a valid point was made regarding the garbage trucks, because especially during the spring a problem does exist. He stated the proposed reconstruction would hold -up for a goodly amount of time. Mayor Nyquist recognized a member of the audience who asked what amount of time would be necessary to complete the project, and the Director of Public Works responded saying depending on the contractor, the project may take close to one month from start to finish. Mayor Nyquist recognized another member of the audience who asked if some boulevard reconstruction would be involved, and the Director of Public Works stated that some damage may be done to boulevards and driveways, but restoration of the property is included in the contract costs. 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 Hawes and seconded by Councilmember Scott to close the public hearing on Dallas Road Street Improvement Project No. 1985 -12. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. 6 -10 -85 -14- RESOLUTION NO. 85 -101 M6mber Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ORDERING DALLAS ROAD STREET IMPROVEMENT PROJECT NO. 1985 -12, AND PREPARATION OF PLANS AND SPECIFICATIONS THEREON 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Councilmember Theis exited the Council chambers at 9:01 p.m. and returned at 9:03 P.m. PUBLIC HEARING FOR WINGARD LANE STREET IMPROVEMENT PROJECT NO. 1985 -13 The City Manager etated notice of the hearing had been published in the official newspaper and all affected property owners had received written notice of the hearing. He added that no special assessments would be involved in this project, which would be at the City's expense. The Director of Public Works presented a map of the area and stated the project was initiated by a property owner, and 50% of the properties abutting Wingard Lane approved of the improvement, and the other five residents did not sign a petition either for or against the project. He stated that the Engineering Department had developed a proposal for construction of a hammerhead turnaround, which will attempt to eliminate the through traffic in the neighborhood. He stated that presently traffic counts indicate over 1,000 vehicles per day use Wingard Lane, and he estimated 90% of this traffic is from outside of the neighborhood. The Director of Public Works reviewed the history of this street, noting it was built in 1958 as a private street, and was accepted in 1961 as a public street. In 1971 a petition was presented to the City for a culdesac as a turnaround, and the City Council denied that proposal because of the high cost of the turnaround. The City would have had to acquire additional right -of -way at that time, but this would not be the case now. He added that following the 1971 proceedings "No Through Traffic" signs had been posted which are still in place, but there are problems of enforcement Councilmember Hawes asked if any contact had been made with the owner of the northwest end of the street and if so had the owner agreed to close one driveway. The Director of Public Works stated he had been unable to contact the property owner but if the City Council recommends this project to proceed, official contact could be made with the property owner. Councilmember Hawes asked if the problem would be transferred to the church property in the area, and the Director of Public Works responded saying the problem could never be totally eliminated. He added the stop light at 71st and Brooklyn Boulevard would receive most of the diverted traffic. Councilmember Hawes stated that drivers will still want to use the church driveway, and the City Manager noted that the church does have a gate, a recognition that a problem already exists. Councilmember Hawes asked if it would be possible to have the northbound traffic on Brooklyn Boulevard turn right onto Wingard Lane, but prohibit vehicles from exiting onto Brooklyn Boulevard from Wingard Lane. The Director of Public Works stated that some costs would be saved, but it would be 6 -10 -85 -15- difficult to stop violators. Councilmember Hawes asked if the church had been contacted, and the Director of Public Works stated it had not. Councilmember Theis inquired what the average residential street has for traffic compared to the 1,000 vehicles per day that travel on this road. The Director of Public Works responded saying the average household generates eight to ten vehicles per day, and Wingard Lane has eight houses with driveways on the street, resulting in an average of 100 vehicles per household per day. He added that a traffic count taken in November of 1984 showed 1,250 vehicles per day traveling on Wingard Lane. Councilmember Theis requested a comparison of the type of snow removal problems encountered with the hammerhead as compared to a culdesac. The Director of Public Works stated it is easier for plows to plow a hammerhead as opposed to a culdesac, because it is easy for a plow to follow a pattern on the hammerhead. He said according to former Superintendent of Streets and Parks, Henry Davis, the hammerhead takes approximately one -half as much time as a culdesac to plow. Councilmember Theis asked what type of barricade would be posted at the end of the hammerhead, and the Director of Public Works stated there were several possibilities, including a three to four foot earth mound, landscaping to visually screen off the area, posting of a dead end sign, and possibly the installation of a barricade. Mayor Nyquist opened the meeting for the purpose of a public hearing on Wingard Lane Street Improvement Project No. 1985 -13• Mayor Nyquist recognized Mr. Greg Luchen, the owner as of May 1, 1985 of the northeast corner of Brooklyn Boulevard and Wingard Lane. Mr. Luchen stated he was concerned about having only one driveway open off of Brooklyn Boulevard, because in the winter time he receives three lanes of snow in his driveway from the plowing of Brooklyn Boulevard. He asked how much of his property would be lost due to this improvement project, and the Director of Public Works stated that no use of private property would be involved in this project. Mayor Nyquist recognized Mr. Max Garrett of 4706 Wingard Lane, who noted in the last few years there have been four accidents, of which one has been fatal. He added that not one of those involved lived on Wingard Lane. Mr. Garrett's wife stated that much property damage had occurred on the corner from cars coming around the corner. Mayor Nyquist recognized Mr. Robert Nelson of 7227 Noble Avenue North, who said his driveway is on Wingard Lane, and he had not been approached regarding the improvement project. He did say he is in favor of this project. Mayor Nyquist again recognized Mr. Greg Luchen who said he had rented the property for one year prior to purchasing it, and he had found many dead animals on his property killed by vehicles traveling on Wingard Lane. Mayor Nyquist recognized Ms. Eleanor M`aegi of 4721 Wingard Lane, who stated she is in favor of the improvement project even though she did not sign the petition. She stated that accidents are caused because of the parking on the street, and asked if it is a street that can be parked on. The City Manager stated the City does have an ordinance prohibiting overnight parking, and the ordinance is strictly enforced in late fall and winter. The Director of Public Works stated the width of the street varies from 28 1/2 to 30'. He added the City is receptive to parking restrictions if a petition is presented to the City. Mayor Nyquist recognized Greg Luchen who inquired if the woman across the street 6 -10 -85 -16- from him had been notified, and the City Manager stated that she had been notified. Mayor Nyquist recognized another resident who complained that Wingard Lane does not have any street lights. The City Manager stated a block must be 700' long in order to have a street light, but the City will investigate this complaint. 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 Theis and seconded by Councilmember Hawes to close the public hearing. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTION NO. 85 -102 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ORDERING WINGARD LANE STREET IMPROVEMENT PROJECT NO. 1985 -13, AND PREPARATION OF PLANS AND SPECIFICATIONS THEREON 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, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PUBLIC HEARING FOR 65TH AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1985 -14 The City Manager stated notice of the hearing had been published in the official newspaper and all affected property owners had received written notification of the hearing. The Director of Public Works commented that all property owners favored this improvement project, although the Garden City School did not sign the petition. Mayor Nyquist opened the meeting for the purpose of a public hearing on 65th Avenue North Street Improvement Project No. 1985 -14. Mayor Nyquist recognized Mr. Francis Zins of 3408 -65th Avenue North, who stated he lived across from the apartments at 3407 -65th Avenue North. He stated that severe parking problems exist due to the parties occurring at the apartment building. The City Manager commented that the parking problem can be reviewed as a separate issue by City staff. 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 Scott and seconded by Councilmember Hawes to close the public hearing on 65th Avenue North Street Improvement Project No. 1985 - 14. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. RESOLUTION NO. 85 -103 Member Celia Scott introduced the following resolution and moved its adoption: 6 -10 -85 -17- RESOLUTION ORDERING 65TH AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1985 -14, AND PREPARATION OF PLANS AND SPECIFICATIONS THEREON 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, 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 ITEM PROPOSED MUNICIPAL GOLF COURSE COST ANALYSIS AND FINANCING PLAN The City Manager stated that based on information received from the Park & Recreation Commission the City recommends the City Council to hold a public hearing on the proposed golf course. Councilmember Theis inquired whether or not the full -time manager of the golf course would be available year round. The City Manager stated that the full- time manager would be available year round, and temporary employees would work at the golf course as seasonal employees. Councilmember Theis asked if the golf course would be open 12 hours a day, and the City Manager responded affirmatively. The City Manager stated the golf course manager would not be at the golf course 12 hours a day every day of the week during the golf season, but would be available on call or other City personnel would be available to the part -time employees. The City Manager added that the cost involved for the part -time personnel are based on experiences of the Roseville and New Hope golf courses. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to schedule a public hearing on the proposed municipal golf course for June 24, 1985. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Scott to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Scott, Hawes, and Theis. Voting against: none. The motion passed. The Brooklyn Center City Council adjourned at 9:47 p.m. f�l Deputy Yity Clerk MaY7 6 -10 -85 -18-