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HomeMy WebLinkAbout1981 05-04 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 4, 1981 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:02 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia, Scott. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning and Inspections Ron Warren, Assistant City Engineer Jim Grube, City Attorney Richard Schieffer, and Administrative Assistant Tom Bublitz. INVOCATION The invocation was offered by Councilmember Bill Fignar. APPROVAL OF MINUTES - APRIL 20, 1981 There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to approve the minutes of the City Council meeting of April 20, 1981 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session this evening and inquired of the 'audience if there was ar}yone present who wished to address the Council at the Open Forum session. There being none, he continued with the regular agenda items and noted that he would keep the Open Forum session open until 7 :30 p.m. APPOINTMENT TO NORTHWEST HUMAN SERVICES EXECUTIVE BOARD The City Manager explained that he has been serving on the Northwest Human Services Executive Board for the past few years and that because of their meeting times on Thursdays at 5:00 p.m., he is unable to attend due to a previous commitment. He requested suggestions from the Council for an individual to replace him on the Executive Board. In response to a question from Mayor Nyquist, the City Manager explained the Board meetings are held at the Fair Oaks School in Crystal and that -he would be contacting Dr. Orn and Dorothy Buckingham to find out if they may be interested in serving on the Board. He stated he would also check with other staff members to determine if there is any interest on their part in serving on the Board. RESOLUTIONS In response to a question from Councilmember Kuefler, the Director of Finance noted that the consideration of the first two resolutions on the agenda should be taken in the reverse order from what they are on the agenda. 5 -4 -81 -1- The City Manager introduced a resolution establishing an interest rate on loans from the Investment Trust Fund to other funds of the City of Brooklyn Center and explained this resolution would establish an interest rate of 10% on loans from the Investment Trust Fund to other funds of the City. He pointed out the rate has previously been 7 %. RESOLUTION NO. 81 -95 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING AN INTEREST RATE ON LOANS FROM THE INVESTMENT TRUST. FUND TO OTHER FUNDS OF THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 81 -96 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVEMENT NOTES The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager stated the staff would like to defer to the next meeting the resolution amending the 1981 general fund budget to provide for wage and salary adjustments. He noted this is a housekeeping resolution that would be placed on the next Council agenda. The City Manager introduced a resolution authorizing the Mayor and City Manager to enter into a Sound Level Meter Custody Agreement with the League of Minnesota Cities and explained the sound level meter equipment would allow the Police Department to establish a program of motor vehicle noise level enforcement. He explained the equipment is provided at no charge to the City for the length of the agreement period which is December 31, 1981. . Councilmember Lhotka inquired what use the equipment will be put to. The City Manager explained the equipment will be used to enforce vehicle noise levels noting that most complaints regarding noise levels occur on Brooklyn Drive, Lyndale Avenue and Osseo Road. Councilmember Lhotka stated his concern that the noise levels be enforced fairly and prudently by the City particularly in cases where the noise level is only slightly over the acceptable level. The City Manager explained that the 'tag issued for any violation will be a fix -it ticket for the first violation. 5 -4 -81 -2- Councilmember Fignar inquired whether the City requested this equipment. The City Manager explained the League of Minnesota Cities contacted cities throughout the state making them aware that this type of equipment was available. He added that very little of this type of equipment is now used in the state and that the City staff responded to the League's, notice that they would make this equipment available to local Police Departments. RESOLUTION NO. 81 -97 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF A SOUND LEVEL METER CUSTODY AGREEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kueller, Bill Fignar, Gene Lhotka, and Celia Scott;-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 a portion of Noble Avenue North. He explained the vacation was for the portion of Noble Avenue between 66th Avenue and I -94 and was requested by the adjoining property owner in conjunction with the platting of their property behind the noise wall. The Director of Public Works explained the vacation was requested by Mr. C. A. McKenzie of 4618 66th Avenue North because of the problems with motor vehicles using the roadway to illegally enter the Orchard Lane Park. There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to offer for first reading an ordinance vacating a portion of Noble Avenue North. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. The City Manager introduced an ordinance amending the Brooklyn Center Ordinances by adding new provisions to Chapter 7.202. He explained the ordinance would clear up the definition problem relating to condominiums and would provide that the swimming pools in condominium developments would be required to have licenses and be inspected. He added the ordinance is recommended for a first reading this evening. Councilmember Lhotka inquired what the objections were of the Riverwood Townhouse group to the swimming pool licensing requirement. The City Manager explained that they prefer to not have their pool inspected and be required to pay a license. The City Attorney explained the townhouse association did not advance any reasons relating to health or safety factors for their opposition to the ordinance but they simply did not want to be regulated. Councilmember Fignar inquired what the City requires with regard to its inspection of pools. The City Manager explained the purpose of the ordinance is to check the safety of the pool's chemical balance, filtration system, chlorination, and other factors relating to health safety in the pool. 5 -4 -81 -3- There was a motion by Councilmember Fignar and seconded by Councilmember Scott to offer for first reading an ordinance amending the Brooklyn Center City Ordinances by adding new provisions to Chapter 7.202. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. DISCUSSION ITEMS The City Manager introduced for discussion purposes a request for a license for the storage and detonation of explosives at Howe Fertilizer Inc. He explained the City has received a request for the permit from Howe Fertilizer Inc. He also noted that there has been a filing for an amended finding in the Howe court case.and that this may have some bearing on the request for the license for the storage and detonation of explosives. The City Attorney pointed out that the argument on the motion for an amended finding will take place on Wednesday of this week. The City Manager added that the City is holding off on issuing a permit to assure the amended finding does not affect it. The City Attorney pointed out there are a number of . issues which will hopefully be resolved in the amended findings some concerning other litigation between Howe and the City related to the original case. He noted that with the request for an amended finding, Howe is asking the judge to change her position on the original findings and that this must be done procedurally before an appeal can be made. He added that he filed for an amended finding simply to protect the City's interest so that the City could also have the option of appealing. With regard to the permit, he pointed out, the staff is recommending delaying action on the permit until the amended finding and appeal issues are resolved. PLANNING COMMISSION ITEMS The City Manager introduced Application No. 81020 submitted by Brooklyn Development Company for preliminary plat approval to subdivide the land at Xerxes Avenue North and Shingle Creek Parkway into two blocks, one for townhouse development and one for commercial office development and Application No. 81021 submitted by Brooklyn Development Company for site and building plan approval to construct 100 townhouse units on the westerly and southerly portions of the property at Xerxes and ShinglelCreek Parkway. He explained the Planning Commission recommended approval of Application 81020 and 81021 at its April 23, 1981 meeting. The Director of Planning and Inspections stated that, since both applications were related, he would review them together. He presented and reviewed for Council members pages one through six of the April 23, 1981 Planning Commission minutes in which the Commission discussed Applications 81020 and 81021 and also presented and reviewed the Planning Commission information sheets prepared for Application 81020 and Application 81021. He noted that the Planning Commission considered both applications at its April 9 and April 23 meetings. The Director of Planning and Inspections reviewed the location of the subject parcel and reviewed the plat of the proposed project including right -of -way designation and sidewalk and drainage easements. He explained the proposal is to sell individual units pointing out that these would not be rental units. 5 -4 -81 -4- The Director of Planning and Inpsections stated that the Planning Commission recommended approval of the preliminary plat subject to four conditions which he reviewed for Council members and pointing out that the fourth condition as stated in the April 23, 1981 Planning Commission minutes can be stricken from Council consideration since this item has been accomplished. The Director of Planning and Inspections reviewed the master landscaping and phasing plan of the 100 unit townhouse project. He explained phase one of the project would comprehend fourteen 2 and 3 bedroom units with 1,062 square feet and 1,270 square feet respectively. He showed transparencies of the master landscaping plan which included large 6" diameter trees and smaller shade trees. With regard to sidewalks in the area, he pointed out, the Planning Commission discussed at length sidewalks in the area and that the Planning Commission recommended a sidewalk be constructed on the southerly portion of Freeway Boulevard. He explained the Planning Commission recommended approval of Application 81021 subject to ten conditions which he reviewed for Council members. Councilmember`Fignar inquired at what point would the sidewalk be constructed as indicated in condition no. 9. The Director of Planning and Inpsections stated it is the intent to wait for development to reach the area before a sidewalk is constructed adding that the project is proposed in phases and that separate performance guarantees would be accomplished in all of the phases. Mayor Nyquist inquired if there was any way to assure completion of the project. The City Attorney explained that there is no way to assure the project except through future decisions of the Council. Councilmember Kuefler inquired whether the proposed office complex will also require a sidewalk. In response to Councilmember Kuefler's inquiry, the Director of Planning and Inspections stated the proposed commercial area will not require additional sidewalks other than what is proposed in conjunction with the City's comprehensive plan for walkways and sidewalks. Councilmember Lhotka requested to have the location of the holding ponds pointed out. The Director of Planning and Inspections showed the location of the ponds on a transparency and the Director of Public Works pointed out that the ponds will not have water in them under normal conditions but only after a rain. Councilmember Lhotka also questioned the 20' on center distance requirement on the Russian olive screening stating that it may take 5 to 10 years for the trees to mature to the point where they create effective screening. The City Manager stated that the Council can defer approval of the screening until a later phase of the project. The Director of Planning and Inspections concurred and noted the Council could defer approving the screening until a later phase of the project is presented. The City Manager stated the Council could note in its approval of the application that there is a deficiency in the screening requirements in the plan to alert the developer or the developer could plant the trees now to gain a few years growth before the project is completed. 5 -4 -81 -5- Mayor Nyquist opened the meeting for the purpose of a public hearing on Application 81020 and inquired if there was anyone present who wished to speak either against or for the application. Mayor Nyquist recognized Mr. Al Beisner, representing Brooklyn Development Company, who addressed the Council and in response to a question by Councilmember Fignar, explained that the base price of the two - bedroom units would be $51,900 pointing out that the base price did not include ceramic tile, appliances or air conditioning but that it did include a concrete patio, garage and privacy fence. He added that the three- bedroom unit base price is $57,000 and that sixty two - bedroom units are proposed and forty three- bedroom units are proposed for the project. Hopefully, he pointed out, the project will be completed in two years. Mr. Beisner stated that Brooklyn Development Company has a contract with the developer and that his company will not receive payment until the last unit is sold. He added that the townhouse units are designed by Brooklyn Development Company. Mayor Nyquist inquired of Mr. Beisner whether Brooklyn Development Company could assure that the project will be completed. Mr. Beisner pointed out that the design is very important to the success of the project and that the lower base prices are also important to the success of the project. He explained the company has put a great deal of market research into the project and that he believes it will be successful. Councilmember Fignar requested that Mr. Beisner send brochures on the project to the Council. Mr. Beisner stated that he would send brochures and that the name of the project will be Earle Brown Estates and financing will be FHA and VA. The City Manager stated that the City Attorney will review the' Homeowners Association documents prior to the project being submitted for final approval. Councilmember Kuefler pointed out that, in his opinion, the project is indeed a compliment to Mr. Beisner and the Brooklyn Development Company since the surrounding neighborhood seems to be satisfied with the project and that this particular piece of property has been a difficult one to find appropriate development for over the past few years. Mayor Nyquist inquired if there was anyone present who wished to speak either against or for the application, there being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to close the public hearing on Application 81020. The motion passed unanimously: There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve Application 81020 subject to the following conditions: 1. The final plat is subject to approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 5 -4 -81 -6- 3. Homeowners Association documents for all phases of the development are subject to approval by the City Attorney prior to final plat approval. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. There was a motion by Councilmember Fignar and seconded by Councilmember Scott to approve Application 81021, site and building plan approval for phase one of the Earle Brown Farm Estates Townhouse Development subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements for phase one prior to the issuance of building permits. 4. Any outside trash disposal facilities shall be appropriately screened from view. 5. All common parking and driving areas shall be surrounded by B612 curb and gutter as shown on the approved drainage and grading plans. 6. Plan approval acknowledges a master plan for all phases of the Earle Brown Farm Estates Townhouse project. However, each additional phase is subject to preliminary plat approval and site and building plan approval by the Planning Commission and City Council. 7. The developer shall take adequate measures to control dust and debris during construction. A viable turf shall be established and maintained in these areas subject to future development. 8. There shall be one Homeowners Association agreement to include all subsequent phases at the time of their approval. 9. Plan approval acknowledges a public sidewalk easement through the development; the location to be determined at a future time and input is requested from the Northwest Neighborhood Advisory Group. 10. Public sidewalk shall be provided on the south side of Freeway Boulevard in the area between Shingle Creek Parkway and Xerxes Avenue North. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. 5 -4 -81 -7- The Council noted in their approval of Application 81021 that there is a possible deficiency in the southwest portion of the proposed townhouse development site with regard to screening and in particular with regard to the deficiency of the spacing of the Russian Olive trees to be used as screening. PUBLIC HEARING ON 63RD AVENUE NORTH IMPROVEMENTS BETWEEN BEARD AVENUE AND BROOKLYN DRIVE Mayor Nyquist requested the staff to review the proposed project and to report on the informal meeting held between the staff and the affected property owners on the project prior to opening the meeting for public hearing. The City Manager stated that the Director of Public Works and Assistant City Engineer would make the presentation. The Director of Public Works reviewed the location of the proposed project for Council members and pointed out that the proposed project would comprehend the portion of 63rd Avenue North from Beard Avenue to Brooklyn Drive. He explained the major construction elements are complete street reconstruction and the installation of a 16" water main. He reviewed the history of the proposed project area pointing out that the roadway was constructed in 1958 by the developer as a 2" cold mixed bituminous surface laid on 4" of gravel base. He explained that the street is a 38' wide with asphalt curbs and that it has been sealcoated four or five times since construction and portions have been overlayed with a thin overlay twice. He noted the latest overlay was placed in fall of 1980 in -a section west of Xerxes and that that overlay was very thin, placed with the knowledge that the street was scheduled for reconstruction in 1981 and placed simply for the purpose of keeping that section in driveable condition until this year. He also noted that the street reconstruction project has been included in the City's five year Municipal State Aid Street Improvement Program since adoption of Resolution No. 78 -292 in 1978 and noting that the resolution proposed reconstruction of 63rd Avenue from Beard to Xerxes in 1981. He also explained the proposed water main installation is a portion of a comprehensive system of improvements to the water distribution system as recommended in the 1980 study by the City's Engineering consultants Black and Veech. He pointed out that to make full use of the water tower south of Brookdale, the project is necessary to re- enforce the water distribution system. The Director of Public Works next reviewed the resolution passed by the City Council requesting a variance from Minnesota State Aid street width standards and also reviewed the traffic counts taken on the proposed project, area on November 24 to 26 of 1980 and on April 29 to May 1 of 1981. The Director of Public Works proceeded to review the proposed street construction standards for the various portions of the project, the estimated total cost of the project, proposed special assessments for the project, and a typical example of the costs for a 75' lot in the proposed project area. He explained the typical 75' lot would pay a total assessment of $1,443.75 with an interest rate of loo per annum pointing out the first year's cost would be $325 and the average annual cost would be $235. 5 -4 -81 -8- The Assistant City Engineer reviewed slides of the project area showing existing roadway conditions. He pointed out at various points along the proposed project area, examples of longitudinal cracking, transverse cracking, and the eroded bituminous curb. He also pointed out that the thin overlay applied on the street in 1980 is not lasting well. Councilmember Kuefler left the table at 8:55 p.m. The Assistant City Engineer proceeded to show examples of water pocketing and standing water along various portions of the proposed project area. He also showed a slide showing the 53rd Avenue project after reconstruction, noting that the proposed construction on 63rd Avenue would be very similar to that project. Councilmember Kuefler returned to the table at 8:58 p.m. The Director of Public Works informed Council members that an informational meeting was held with affected property owners on April 21, 1981 and that minutes of the meeting were sent to Council members. He explained the general consensus of affected property owners at the meeting was opposition to the project. He added that a postcard survey of affected property owners between Beard and Xerxes Avenues was conducted and that 32 cards were sent with 19 replies. He also noted that notice of public hearing has been published in the City's official newspaper and that individual notices of the hearing had been sent to all affected property owners. Councilmember Kuefler inquired whether alternate two for the proposed street reconstruction would require removal of trees on 63rd. The Director of Public Works explained that it would not require removal of trees since it would be replaced at the existing width but that it would require prohibiting parking on one side of the street in order to qualify for MSA funds. Councilmember Kuefler next inquired what the normal life cycle of a cold -mix street was. The Director of Public Works replied it was approximately 20 years. Councilmember Kuefler then inquired whether the staff was assured that the cost estimates for the project were realistic. The Director of Public Works stated that the staff feels comfortable with the estimates noting that he believes the unit prices used reflect current market costs. Councilmember Fignar inquired whether the staff reviewed the reason for the cold -mix street at the infomational meeting. The Director of Public Works pointed out that in 1958 cold -mix was a fairly standard construction practice and was also regarded as temporary construction. Councilmember Lhotka inquired whether concrete curb and gutter is required for MSA streets. The Director of Public Works explained that bituminous curb could be used and that it is half the cost of concrete but that he would not recommend it be used since it has a lower life expectancy and offers poorer drainage. Councilmember Lhotka requested that the Director of Public Works review the reasons for installing the 16" water main in the project area. The Director of Public Works explained that the replace - ment of the main will increase the reliability of the water service to the west and southwest portions of the City to assure the City's ability to maximize the use of the south water tower during peak demand periods. He explained the water main would assure the water tower would be full if any emergency arises. 5 -4-81 -9- Councilmember Fignar inquired whether the project would help the water pressure problems on 64th at Brooklyn Drive. The Director of Public Works noted that he was not aware of any water pressure problems in this area but that he would check with the Public Utility Superintendent and report back to the Council. Mayor Nyquist inquired what the alternatives would be if the project were delayed. The City Manager explained that the street might last another year or more but at some point reconstruction would be necessary and that in 1982 or 1983, the problem in water supply may be critical. He added that the water main project could be accomplished without replacing the entire roadway. In any event, he noted, within the next three years the water main should be replaced. With regard to the street, he pointed out, it could show more definite signs of deterioration within one or two years. Councilmember Scott requested the Director of Public Works to review the increases in the cost of street construction materials over the past few years. The Director of Public Works stated that the cost of asphalt has increased 40% this year but that this is a relatively small per cent of the total cost but that other construction costs have increased primarily due to the increased cost of oil. Overall contract costs in 1980 -81 have increased by 20 %. Mayor Nyquist opened the meeting for the purpose of a public hearing on the 63rd Avenue North improvements between Beard Avenue and Brooklyn Drive. Mayor Nyquist recognized Mr. Victor E. Benson of 3319 63rd Avenue North who addressed the Council and commented that the slides showing the cracking in the intersection at 63rd Avenue and Beard showed a portion of the street that had been overlayed in 1980. He added that this slide, which apparently showed the wear, did not in actuality reflect an accurate picture but showed • portion where some of the overlay was splashed by a truck. He added that • very poor maintenance job has been done on this street and that ponding was created on the street at his address since the new curb and gutter was installed. He explained he was the plant manager at the Twin City Arms and Ammunition Plant and that he also works with maintenance of bituminous roadways pointing out that the roadway at the Arms plant was built in 1945 and that blacktop roadways are not worth replacement and that a new roadway would also deteriorate in a couple of years. He stated that the best way to maintain a bituminous roadway is by chipping and filling. He also presented a petition to the City Council to be entered into the record signed by affected property owners requesting that the project not be approved. Councilmember Lhotka requested the City Manager address the lack of maintenance on the street. The City Manager explained the roadway gets the basic maintenance that all other roads receive but that the City does not chip and fill cracks on every roadway in the City each year. The Director of Public Works stated that any street can be maintained indefinitely with a high level of maintenance and that we can make a street last 20 years or more with maintenance but the cost of this high level of maintenance over an extended period of time has to be examined by comparing it to the cost of reconstruction. The City Manager explained that if an overlay process is used indefinitely, the overlay can eventually reach the curb line and 5 -4 -81 -10- interfere with proper drainage. He also pointed out that the overlay process is not inexpensive. He noted that MSA funds cannot be used to put down an overlay on the roadway because of the poor condition of the roadway. Mayor Nyquist recognized Mr. Ron Weis of 3112 63rd Avenue North who addressed the Council and stated he wished to make a correction on the minutes of the informational meeting held on April 21, 1981. He stated that on page 2 of the minutes it should be noted that there are no bus stops on 63rd Avenue North and that the minutes should be corrected to reflect this. He explained the buses travel on 63rd Avenue but do not stop. The bus stop was eliminated in 1971. The Director of Public Works stated that the drivers are apparently using 63rd Avenue North as a shortcut on return trips to the bus garage. Mr. Weis stated that some of the deterioration on the roadway is due to the heavy bus traffic and also the dump trucks which have been working in Central Parka He explained he also noted a semi - truck traveling the street with a diesel cab which was working on the Central Park project. He explained that he also saw a steel wheeled compacting roller on the roadway which also caused damage to the road. He explained that a one and one -half inch overlay will last if done properly and that most of the overlay in the project area has been destroyed by poor maintenance. He stated that the people on 63rd Avenue North will not benefit from the water main installation but that it will benefit other parts of the City. Mayor Nyquist recognized Mr. Fred Bebensee of 2913 63rd Avenue North who addressed the Council and stated that the street is 23 years old and that no sealcoating has been done on his portion of the roadway since he has been at his address. He noted that many areas in Brooklyn Center do not have curbs and he does not see that it is essential to have curbs in a residential area. He also noted that last summer he witnessed "belly" dump trucks traveling the street every 40 minutes. He added that the assessment to homeowners for the project would be a burden and that he feels the cost of the project should be assessed to more people in the City since the water main project will benefit a wider group of people than merely 63rd Avenue residents. The City Manager pointed out that the spring of the year is the time when the most damage is done to roadways particularly along the gutter line. He added in summer, the frost is gone out of the street and the problem of wear along roadways, even by heavy trucks, is reduced. He added that the two biggest problems for residential streets are school buses and garbage trucks which travel the roadways at all times of the year and consequently cause the most damage in the spring of the year when roadways are most susceptible. Mr. Bebensee reiterated his point that from Xerxes to Brooklyn Drive along 63rd the street has not had any sealcoating done since 1969. Mayor Nyquist recognized Mr. Thomas Gonilak of 2901 63rd Avenue North who stated that he has lived on 63rd Avenue for'over 23 years and that he takes exception to the Director of Public Works' comments on the temporary nature of the roadway pointing out that the Garden City development was laid out by the University of Minnesota as a model development and that the streets were very well built. He added that the bituminous curb does last as long as concrete curb and gutter. He stated that he also notices the wear and tear on the road from the buses traveling on the roadway in the summertime. 5 -4 -81 -11- Mr. Weis of 3112'63rd Avenue North inquired whether a load restriction could be placed on this roadway. The Director of Public Works stated that this is a question related to the type of street that 63rd Avenue is. He explained 63rd is located in a space where it is normal to have a collector street. He noted the load limits on 63rd would have to be done in conjunction with all parallel streets since trucks and other heavy vehicles would take alternate parallel routes and that this would be an impossible enforcement problem. He added that great damage to the streets is done by school buses and garbage_ trucks in the spring of the year. He pointed out that 63rd is a collector street and that this is why MSA funds are proposed to pay a major share of the reconstruction costs. Mayor Nyquist recognized Mr. Jerry Blair of 2706 63rd Avenue North who inquired who decides on how roads are designated as MSA streets. The City Manager explained that in order to qualify, roads have to meet certain criteria such as location and traffic counts but that the final decision is made by the City Council as to the designation of MSA streets. The Director of Public Works pointed out that the total MSA designation for the City is 20% of the total mileage of all streets excluding State Trunk Highways and County State Aid Highways. He noted the result is a maximum MSA mileage within a City. Mr. Blair inquired whether the proposed water main on 63rd Avenue North could be rerouted even though the best location is straight down 63rd. The City Manager explained that the water main could be rerouted but that it would create the same problems in other areas with regard to street reconstruction and that it would also increase the length and cost of the project and that the 63rd location was the best location for the main. He added that the water main is important to the future fire fighting needs of the City. The Director of Public Works explained that the residents on 63rd will benefit from the main but certainly no more than other City residents. Mr. Blair inquired what the expected life of a concrete curb and gutter would be. The Director of Public Works stated that the expected life was . 30 years. Mayor Nyquist inquired if there was anyone else who wished to speak at the public hearing. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to close the public hearing on 63rd Avenue North improvements between Beard Avenue and Brooklyn Drive. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. Councilmember Lhotka inquired what the alternate routes for the water main would be if not on 63rd. The Director of Public Works explained this was a question that was asked at the informational meeting and pointed out it could be installed one block north or south but that it would add to the length and the cost of the project. 5 -4 -81 -12- Councilmember Fignar inquired at what point in time would the water main project be essential to install. The City Manager explained that within the next two to three years,. it would be essential to have the new water main installed. Councilmember Kuefler inquired what would be done with the roadway if the water main was held off for three years. The City Manager stated that in terms of maintaining the roadway it would not be practical to put a great deal of funds into repairing the roadway if it was scheduled for reconstruc- tion. He stated it would be kept passable but without extended maintenance. Councilmember Kuefler noted that one option appears to be to wait three years then put the water main in and repair the street at no cost to residents. He inquired if there is any possibility or justification to have the utility fund pay a greater share of the roadway reconstruction. The Director of Public Works stated that the water main project cost assumes no cost of roadway construction and that possibly up to $50,000 could be justified to be paid by the Public Utility account for roadway reconstruction. Council- member Kuefler inquired whether there were any legal problems with this type of approach. The City Manager explained that the City Council. could legitimately use public utility funds on 63rd Avenue North but that the Council should be advised that all future projects would have to be accomplished in a consistent manner. Councilmember Kuefler stated that the water main project has necessitated the road reconstruction and inquired what would the project cost for the placement of the water main only be. The City Manager stated that the staff could prepare cost estimates on a project where the water main would be installed and the roadway would be patched and the base repaired. Councilmember Kuefler then inquired what it would cost to sealcoat the roadway this year. In response to Councilmember Kuefler's inquiries, the Director of Public Works stated that the staff would prepare cost estimates for the required patching and restoring of the water main trench, the cost for sealcoating, and the cost for bituminous overlay and return with these estimates for the Council. The City Manager pointed out that the staff will develop information on these various options for the Council and also make this information available to the affected property owners. There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to table until the May 18, 1981 City Council meeting consideration of the resolution ordering improvements on 63rd Avenue North between Beard Avenue and Brooklyn Drive to allow staff to prepare information on additional options for the project. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 10:40 p.m. and reconvened at 10 :50 P.M. DISCUSSION ITEMS CONTINUED CITIZEN ATTITUDE /PREFERENCE SURVEY The City Manager introduced the next item which was consideration of the Citizen Attitude /Preference Survey. He explained that Administrative Assistant Bublitz and University of Minnesota student Sharon Schmickle have been working on formulating the survey and that a rough draft of the survey has been presented for Council consideration. 5 -4 -81 -13- Councilmember Scott commented that it appears to be a good survey but that in her opinion it is too long and should be reduced to three to four minutes in length. Councilmember Kuefler commented that he would suggest structuring the survey more specifically around departments and asking a group of questions for each department in the City. He noted that he feels the rating structure outlined in the survey is important to maintain. He stated that he would also suggest including information on the amount of the budget that is spent on each department for the information of the people responding to the questions. In this manner, he believed that a better response could be obtained from the people answering the questionnaire. He noted he would also like to see a question relating to resident's thoughts on installation of curb and gutter in the City. Mayor Nyquist recognized Mrs. Sharon Schmickle who stated that in her experience with surveys, a survey done in three to four minutes is generally a waste of effort and that research has shown that people generally will accommodate a 15 minutes survey. She noted that it is essential to establish. a timetable on the survey since the League of Women Voters will be unable to assist in the survey and that the Jaycees will be unavailable from May 13 to May 25 to assist. The most practical starting date at this point will be May 25. Councilmember Fignar inquired how many hours it would require to complete the survey. Mrs. .Schmickle stated that she anticipates using 20 interviewers at 10 hours each for a total of 200 hours. Councilmember Kuefler pointed out that the questions on the Earle Brown Farm should be expanded to provide information to respondants so that they are aware of who is paying for the project. Mrs. Schmickle pointed out that Administrative Assistant Bublitz and the City Manager have suggested removing the questions related to income, religion and occupation but that she felt that these are fairly standard items on surveys and that she requested that they be included on the survey. The City Manager stated that the staff would in conjunction with Mrs. Schmickle revise the rough draft of the survey and return to the Council with a final draft prior to the May 25 date for conducting the survey. IMPROVEMENTS TO BROOKLYN BOULEVARD MUNICIPAL LIQUOR STORE The Director of Finance reviewed several slides of existing conditions at the Brooklyn Boulevard store noting that new wiring, tiling, shelving, and glass doors on the coolers are proposed for the store. He pointed out there has been considerable time since anything was done to improve the Brooklyn Boulevard store. He explained that the cost of the plans for remodeling will be approximately $1,000 and that the estimated cost for the total improvements will be $15,000. He added that the other two liquor stores are in relatively good shape and do not require any extensive remodeling. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to direct the staff to return with remodeling proposals for the Brooklyn Boulevard municipal liquor store. Voting in favor: Mayor_Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. 5 -4 -81 -14- STOP SIGNS AT THE 73RD AVENUE /NEWTON AVENUE INTERSECTION The City Manager introduced the next discussion item and pointed out that in conjunction with the roadway construction Brooklyn Park has requested the City to take down the Newton Avenue stop signs and to retain the 73rd Avenue stop signs at the intersection of Newton and 73rd. The Director of Public Works pointed out that prior to 1980 the north- south portion of the Newton Avenue and 73rd intersection had a stop sign with the east -west traffic as through traffic and that at the Humboldt and 73rd intersection the north -south traffic had a stop sign and the east -west traffic was also allowed as through traffic. In 1980, he explained, Brooklyn Park reconstructed Humboldt Avenue and installed four -way stop signs at the aforementioned intersections. He noted that Brooklyn Park's request is that the north -south signs at Newton and 73rd be removed and that the east -west signs on 73rd be retained. He also stated their request includes the retaining of the four -way stop sign at Humboldt and 73rd. He added that he concurs with Brooklyn Park's recommendations but that a Brooklyn Center resident has requested that all the signs be kept as they are now and that is why the matter was brought before the Council this evening. He stated that the standard procedure is to allow the City Manager to approve placement of stop signs based on a past resolution authorizing the City Manager to establish stop signs within the City. Councilmember Kuefler stated that he recommends this issue be discussed with the neighborhood in order to point out all the various factors involved in Brooklyn Park's request. There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to refer Brooklyn Park's request regarding stop sign installation at the intersections of 73rd and Humboldt Avenue and 73rd and Newton to the Traffic Safety- Advisory Committee for their review. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. MN /DOT /FHWA APPROVAL OF PROJECT DEVELOPMENT REPORT FOR PEDESTRIAN /BICYCLE BRIDGE ACROSS T.H. 100 AT SHINGLE CREEK The Director of Public Works explained that this was an informational item on the status of the project and that no Council action is required this evening. He explained a letter from the state aid office at MN /DOT has advised the City that the project development report has been approved by MN /DOT and the Federal Highway Administration and that authorization has been given to proceed with the hearing process. JIMMY'S LEMON TREE The City Manager explained that this discussion item involves a correction in the company identified on the liquor license for the restaurant. He stated the change would transfer the license from WGM Restaurants to JWA Company. In explanation, he pointed out, that the change in names will transfer it back to the original owners and that no actual changes have been made in the ownership of the restaurant since the transfer of the restaurant to WGM Restaurants never was accomplished. 5 -4 -81 -15- CONTRACT WITH DR. DAVID BRASLAU TO TEST AMMONIA GAS MONITORING EQUIPMENT The City Attorney stated that the City is opposing the issuance of an operating permit for Howe, Inc. until refinements in the measurement of ammonia fumes can be met. He explained the PCA does not now monitor ammonia fumes. He pointed out the City will participate 50% with Howe in developing the measuring criteria. He explained the purpose is to locate a device for the measurement of ammonia gas and determine its cost and effectiveness. He added if it is effective, the City will recommend that it be installed at Howe, Inc. The City Attorney stated the initial cost of the project was $5,000 which included $500 for a joint report for the City and Howe Inc. prepared by the consultant. He stated that he would request the City Council to approve up to $5,000 for the project with the provision that the cost of the joint report also be shared by Howe, Inc. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve the contract with Dr. David Braslau to test ammonia gas monitoring equipment and to authorize the staff to expend up to $5,000 for the project with the provision that the cost of the joint report be shared by Howe, Inc. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. The City Attorney noted that the City is attempting to eventually have the PCA discard the odor test they are now using and to implement the parts per million test. He stated it is hoped to transfer the odor test to parts per million with this project and require Howe to install the appropriate equipment. GAMBLING LICENSE - ST. ALPHONSUS CATHOLIC CHURCH The City Manager stated that the St. Alphonsus Catholic Church has applied for a Class B gambling license and that the staff is recommending approval. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve the application for a Class B gambling license for St. Alphonsus Catholic Church. Voting in favor: Mayor Nyquist, Council - members Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to waive the $10,000 fidelity bond for the Class B gambling license for St. Alphonsus Catholic Church. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against; none, the motion passed unanimously. LICENSES The City Manager explained that the Jaycees were planning to be present this evening regarding the licensing for their carnival site and that this is the last date for Council approval of their licenses. In response to a question from Councilmember Kuefler, the City Attorney stated that the Jaycees' license requires the designation of a site location before the license can be issued. He pointed out that the license could be issued contingent on the Jaycees informing the City of the location of their carnival. 5 -4 -81 -16- There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to approve the issuance of a temporary beer establishment license for the Brooklyn Center Jaycees contingent on the Jaycees informing the City of the location of ,their temporary beer establishment in conjunction with the Jaycees carnival. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve the following list of licenses: COMMERICAL KENNEL LICENSE Snyder Brothers Brookdale Shopping Ctr. FOOD ESTABLISHMENT LICENSE Judith Duda 7125 Halifax Ave. N. Brooklyn Center Am. Little League GAMBLING LICENSE St. Alphonsus Church 7025 Halifax Ave. N. ITINERANT FOOD ESTABLISHMENT LICENSE Joe Pawlowski- 4219 71st Ave. N. Knights of Columbus St. Alphonsus Church MECHANICAL SYSTEM'S LICENSE Ideal Heating & Air Cond., Inc. 3116 Fremont Ave. N. Maple Grove Heating & Air Cond. 11440 Lakeland Dr. Mill City Heating & Air Cond. 13005 -B 16th Ave. N. Qwens Service Corporation 930 East 80th Street ON -SALE INTOXICATING LIQUOR LICENSE J.W.A. Company 9448 Lyndale S. Jimmy's Lemon Tree 5540 Brooklyn Blvd. SIGN HANGER'S LICENSE Gold Medal Beverage Company P.O. Box 3466 Nordquist Sign Company 312 W. Lake St. Signcrafters Outdoor Display, Inc. 7775 Main St. N.E. SWIMMING POOL LICENSE Indoor: Chippewa Park Properties 6507 Camden Ave. N. Outdoor: Hi Crest Apts. 1300 67th Ave. N. 5 -4--81 -17- Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to adjourn the meeting. Voting in favor: Mayor Nyquist, Council - members Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. The Brooklyn Center City Council adjourned at 11:56 p.m. J a erk ay ; 5 -4 -81 -18-