Loading...
HomeMy WebLinkAbout1981 03-09 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 MARCH 9, 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 7:00 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Tony Kuefler, Gene Lhotka, Bill Fignar, .and 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, City Attorney Richard Schieffer, Assistant City Engineer Jim Grube, and Administrative Assistant Tom Bublitz. INVOCATION The invocation was offered by Pastor Hofseth of the Brooklyn Center Baptist Church. APPROVAL OF MINUTES - FEBRUARY 23, 1981 There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to approve the minutes of the City Council meeting of February 23, 1981 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none, the motion passed. Councilmember Fignar abstained from the vote as he was not present at the February 23, 1981 meeting. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session at this evening's meeting. He inquired of the audience if there was anyone present who wished to use the Open Forum session, there being none, he proceeded with the regular agenda items. FINAL PLAT APPROVAL RLS FOR NEW LIBRARY TRACT AND ADJACENT R -7 TRACT The City Manager explained the plat up for final approval at this evening's meeting was the tract of land south of the high -rise occupied by the new library. The Assistant City Engineer showed a transparency of the two tracts for Council members and the Director of Public Works reviewed the three preliminary plat conditions for the application. He explained the requirement that the final plat is subject to the requirements of Chapter 15 of the City Ordinances had not been met at this time and that the staff was recommending approval of the plat subject to completion of the require- ments, of Chapter 15 of the City Ordinances. There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to approve the final plat of the Hennepin County Library Complex (on' Shingle Creek Parkway), Planning Commission Application No. 77062, on the condition that the final plat meets the requirements of Chapter 15 of the City Ordinances. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed. 3 -9 -81 -1- RESOLUTIONS The City Manager introduced a resolution authorizing execution of supplemental agreement with Orr - Schelen - Mayeron and Associates, Inc.. for professional services relating to Project 1980 -24: 67th Avenue North storm sewer extension from Shingle Creek Parkway to Shingle Creek. The Director of Public Works explained the Council had conducted a public hearing on the project and that bids were received on the project but the developer did not complete the soil correction work and the bids were rejected. He noted the soil correction has been accomplished now and that the work can proceed after the project is readvertised and rebid. He explained, in addition to the work required by Orr - Schelen - Mayeron and Associates, Inc. as described in this resolution, the next resolution on the agenda would approve the plans and specs for the project. Mayor Nyquist requested an explanation of the delay on the project. The Director of Public Works explained that because the developer did not complete the soil correction work on the project the City was not able to turn the project over to the City's contractor. RESOLUTION NO. 81 -53 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF SUPPLEMENTAL AGREEMENT WITH ORR- SCHELEN- MAYERON & ASSOCIATES, INC. FOR PROFESSIONAL SERVICES RELATING TO PROJECT 1980 -24 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 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 -54 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR STORM SEWER CONTRACT 1980 -P (67TH AVENUE NORTH STORM SEWER EXTENSION) 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 introduced a resolution establishing Earle Brown Drive improvement projects: Water Main Improvement Project 1981 -05, Sanitary Sewer Improvement Project 1981 -06, Storm Sewer Improvement Project 1981 -07, and Street Improvement Project 1981 -08. The Director of Public Works explained the project is proposed in conjunction with the proposed Ryan office complex on Shingle Creek Parkway. He added that the resolution recognizes the petition and refers the project to the Engineering Department for a feasibility study and cost estimates. 3 -9 -81 -2- RESOLUTION N0. 81 -55 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PETITION, ESTABLISHING WATERMAIN IMPROVEMENT PROJECT NO. 1981-05, SANITARY SEWER IMPROVEMENT PROJECT N0. 1981-06, STORM SEWER IMPROVE- MENT PROJECT NO. 1981-07, AND STREET NO. 1981 -08 , AND IMPROVEMENT PROJECT ORDERING PREPARATION OF REPORT AND PLANS AND SPECIFICATIONS 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 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 introduced a resolution accepting bid and approving contract form for Contract 1981 -A (Diseased Shade Tree Removal Project 1981 -01) and noted that the resolution was tabled at the February 23, 1981 City Council meeting. The Director of Public Works reviewed for Council members his memorandum regarding the consideration of bids received for Diseased Shade Tree Removal Contract 1981 -A, Project 1981 -01 and noted that the apparent low bidder was American Tree and that both good and bad references had been obtained in the staff's investigation of the contractor's past performances. He added that the conclusion of the staff's investigation has led the staff to recommend the award of the contract to the low bidder, American Tree. He noted that the co- owners of American Tree were present at this evening's meeting. Councilmember Lhotka stated that he wanted to make the contractor aware of the terms of the contract and that these terms will'be enforced, noting that the City has had some negative experiences with certain tree contractors in past years. The City Manager explained that he is sensitive to the fact that the City has had some problems with tree contractors in the past but that the contractor, American Tree, has acted in a businesslike manner through the delay of the awarding of the contract and that the staff would recommend that the Council approve the resolution. RESOLUTION NO. 81 -56 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM DISEASED SHADE TREE REMOVAL CONTRACT 1981 -A 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 introduced a resolution establishing a policy for the publication of City ordinances and ordinance amendments and noted that this policy had been discussed at previous Council meetings and that the Charter Commission has approved the language of the resolution at their last meeting. 3 -9 -81 -3- RESOLUTION NO. 81 -57 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING A POLICY FOR THE PUBLICATION OF CITY ORDINANCES AND ORDINANCE AMENDMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, 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 introduced a resolution expressing recognition of and appreciation for the dedicated public service of Chris White and explained that Mr. White is retiring from the City's Park Department. RESOLUTION NO. 81 -58 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF CHRIS WHITE 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 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. DISCUSSION ITEMS Mayor Nyquist noted that several members of the Creek Villas Association were present at this evening's meeting with regard to a discussion item on the agenda and he requested the Council consider this item at the beginning of the meeting. The City Manager stated that the Creek Villas Association had requested the City to look into the possibility of sealcoating the streets in the Creek Villas development several months ago. He apologized for the delay of the response and noted that the staff had prepared several memo- randums on the request and that he believes these memorandums are a thorough response to the request. Mayor Nyquist recognized Mr. Richard Lichtenberg of the Creek Villas Home- owners' Association who in turn introduced Mr. Jerry Warling, President of the Homeowners' Association. Mr. Warling addressed the Council and stated that the objective of the presentation this evening was to introduce the Council to the Creek Villas development and also express some concerns the Association has with the information presented to the Council by the City staff. One of the concerns Mr. Warling addressed was that there was a discrepancy between the City Assessor's average taxable value for a unit in the Creek Villas development and the average taxable value prepared by the Creek Villas Association. He noted that the Assessor's average value was $44,000 and that the value calculated by the Association was $55,680. 3 -9 -81 -4- Mr. Warling stated that he believes the City realizes an additional tax base because of.the density of development and the economies of scale demonstrated by the Creek Villas development. The other concern, he noted, was the public vs. private issue with regard to roadways. Mr. Warling stated he believes the Creek Villas roadways are similar to other City streets which are marked with a "no through street" sign and also the roadways are comparable to cul -de -sacs in other developments. In summary, he explained, the Creek Villas Association desire is to receive City services which they feel they are entitled to for their tax dollars paid. Mr. Lichtenberg addressed the Council and stated that the Association believes other homeowners in the City receive services that Creek Villas does not now receive and appealed to the City Council for consideration either by providing the City services or granting equitable tax reductions. Addressing the issue of the discrepancy in the average taxable values between the Association figures and the staff figures, the City Manager explained that the Association may have used a different taxable value than the staff did or that the Association may have used different tax years in computing their figures. Mayor Nyquist stated he would like to have the staff explain the discrepancy between the staff figures and the calculations made by the Creek Villas Association members. Councilmember Kuefler added that he would like an analysis of the staff's calculations and would also like a comparison of single family vs. townhouse homes with regard to taxes paid and services received. The City Manager stated that he would suggest having the City Assessor hold a meeting with the Creek Villas Association to compare the two sets of figures and determine the discrepancies. Councilmember Kuefler noted that he would also like to know what the specifications were on the other townhouse developments within the City with regard to street specifications, setbacks, etc. - Mayor Nyquist stated he would like to see some information comparing the sales of townhouse homes and single family homes each five to ten years old. He stated that by comparing the single family and townhouse sales figures, factors such as density and private streets could be factors in the sale prices. The City Manager stated the staff will attempt to prepare data on the Council's requests and return with a report to the Council. Council - member Fignar stated that, according to the Director of Public Works' memorandum, the Creek Villas roadways are apparently not up to City standards. The Director of Public Works stated that the width of the roadways are substandard and that he would check to determine whether the structural standards used to build the Creek Villas roadways are different than those used for public streets. PLANNING COMMISSION ITEMS The City Manager introduced Application No. 81016 submitted by Merila and Associates -for preliminary RL5 approval to combine into-a single tract of land the property presently occupied by the Brooklyn Center Library and two single family residences at 5601, 5607, and 5625 Brooklyn Boulevard. He noted the Planning Commission recommended approval of Application No. 81016 at its February 26, 1981 meeting. 3 -9 -81 -5- The Director of Planning and Inspections presented and reviewed for Council members pages 1 through 2 of the February 26, 1981-Planning Commission minutes in which the Commission discussed Application 81016. Fie also presented and reviewed the Planning Commission information sheet prepared for Application 81016. He proceeded to show a transparency of the pre - liminary RLS and noted that the Commission held a public hearing on Application 81016 at its February 26, 1981 meeting. He added the Planning Commission recommended approval of Application 81016 subject to three conditions which he reviewed for Council members. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application 81016 and inquired if there was anyone present who wished to speak either against or for the application. No one appeared to speak to the application and Mayor Nyquist entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to close the public hearing on Application 81016. Voting in favor: Mayor Nyquist, Council 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 No. 81016, a request for preliminary RLS approval to combine into a single tract of land, the property presently occupied by the Brooklyn Center Library and two single family residences to the north, subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The two single family residences and all accessory structures, fences or walls not a part of the library building property shall be removed prior to final plat approval. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and - Scott . Voting against: none, the motion passed unanimously. The City Manager introduced Application No. 81017, submitted by C & G Transcontinental Developers for site and building plan approval to construct two five -story office buildings and a one -story office building on the property at the northeast corner of County Road 10 and Brooklyn Boulevard. He explained the Planning Commission recommended approval of Application No. 81017 at its February 26, 1981 meeting. The Director of Planning and Inspections presented and reviewed for Council members pages 3 through 6 of the February 26, 1981 Planning Commission minutes in which the Commission considered Application 81017. He also presented and reviewed the Planning Commission information sheet prepared for Application 81017. He proceeded to review the location of the site for Council members and noted that the applicant has submitted a site plan for the project. 3 -9 -81 -6- The Director of Planning and Inspections explained that the access to the r site has been a much discussed item and that the developer has requested a new access. He explained that the City Council, through a resolution, approved access breaks off County Road 10 near the project site but that the County did not feel this would be consistent with their policy on median breaks. He explained that the Westbrook Mall Business Association is now conducting their own access study for the Westbrook Mall area. The Director of Planning and Inspections explained that the applicant proposes to build the offices in three phases. He pointed out that the county controls access on County Road 10 and that the state controls access on Brooklyn Boulevard." He explained that neither the county nor the state show any indication of allowing curb breaks in this area. Because of this he stated, the applicant has requested three access points off Northway Drive and that the Planning Commission, in their review of the project, recommended encouraging a shared access with the F & M Savings Bank. He explained the Planning Commission recommended approval of the application subject to twelve conditions which he reviewed for Council members. He noted there was a representative of the applicant present at this evening's meeting. Mayor Nyquist stated he had a problem with condition no. 11 with regard to determining how a detemination would be made as to the applicant's pursuit of the joint access. The City Manager stated the staff would assist the applicant in discussions with F & M regarding the joint access and that in the past the City has attempted to assist in these types of arrangements. With regard to condition no. 9, Councilmember Lhotka inquired what procedure would be used to defer the improvements on the project. The Director of Planning and Inspections stated the improvements deferred would be in conjunction with the phased construction. Councilmember Kuefler stated that he had a problem with deferring the landscaping along the north -south boundary and suggested that landscaping in this area be provided early on in the project. He requested staff to reword condition no. 9 to this effect. Regarding condition no. 11, the joint access, the City Attorney suggested that the condition could be made absolute now and that the plan could be amended later on if the joint access could not be worked out. Mayor Nyquist stated he had no problem with delegating the negotiations for the joint access to the City staff. The City Manager stated that condition no. 11 could be handled either way, by making it absolute or by allowing the staff to negotiate with the two parties involved. Councilmember Lhotka questioned that by making the condition more definitive, are we not being more consistent with past practices of the City Council and the Planning Commission. Councilmember Kuefler requested that the condition regarding the completion of the landscaping from west to east be added. The City Manager suggested that the plan should have no more than two entrances except if the joint access with F & M could be accomplished. He stated the landscaping could be completed as the building is built from east to west on both the north and south side of the development. 3 -9 -81 -7- There was a motion by Councilmember Fignar and seconded by Councilmember Scott to approve Application No. 81017, site and building plan approval to construct an office complex at the northeast - corner of County Road 10 and Bxooklyn Boulevard, 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, utility and berming plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be sub- mitted prior to the issuance of permits to assure completion of the approved site improvements. 4. Any outside trash disposal facilities or mechanical equipment shall be appropriately screened from view. 5. Buildings are to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all driving and parking areas. 9. Plan approval acknowledges deferral for up to 3 years from the issuance of building permits of certain permanent improvements such as portions of the parking lot and curb and gutter due to the proposed phase development of the project. Landscape improve- ments and required screening shall be installed in accordance with the development of the various phases of the site and a viable turf shall be maintained at all times in nonconstruction areas to control dust. 10. Plan approval comprehends only two access points from Northway Drive to the site rather than the three indicated on the site plan. The applicant is encouraged to seek a shared access with the F & M Bank for additional access to the site. 11. The southerly access to the site from Northway Drive shall be signed and utilized as an exit only. 12. The landscape plan shall be revised prior to the issuance of building permits to indicate large evergreen trees at 50' 3 -9 -81 -8- intervals along the north greenstrip. The existing elm trees in that area will not be credited toward the fulfillment of the landscape plan. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. PUBLIC HEARINGS The City Manager introduced the next agenda item which was a public hearing on Street Improvement Project No. 1981 -02: Shingle Creek Parkway from County Road 10 to I -94. The Director of Public Works explained that Project No. 1981 -02 includes the reconstruction of medians and turn lane construction on Shingle Creek Parkway from County Road 1Q to I -94. He explained the total construction cost was $156,300 and that the total project cost was $189,100 pointing out that Commercial Partners' portion of the project cost would be $90,100. He noted that plans and specifications are complete for the project and that a bid opening could be as early as April 14, 1981. The Assistant City Engineer reviewed the project area and the proposed project improvements and also reviewed the traffic patterns associated with the project. The Director of Public Works explained that notices of public hearing had been sent to all affected property owners involved and the notice has been published in the official newspaper. Mayor Nyquist opened the meeting for the purpose of a public hearing on Street Improvement Project No. 1981 -02: Shingle Creek Parkway from County Road 10 to I -94. He inquired if there was anyone present who.wished to speak at the public hearing. No one appeared to speak. The City Manager stated he had received one written inquiry from LaBelle's regarding the access on Summit Drive and that he assured them that the Summit Drive access would remain. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to close the public hearing on Street Improvement Project No. 1981 -02: Shingle Creek Parkway from County Road 10 to I -94. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. RESOLUTION NO. 81 -59 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF STREET IMPROVEMENT PROJECT NO. 1981 -02 (SHINGLE CREEK PARKWAY STREET IMPROVEMENT) The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the fallowing 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. 3 -9 -81 -9- PUBLIC HEARING ON STREET RECONSTRUCTION PROJECT 1981 -03 The City Manager introduced the next agenda item which was a public hearing on Street Reconstruction Project No. 1981 -03: Xerxes Avenue North from T.H. 100 to County Road 10, 55th Avenue North from Xerxes Avenue to Brooklyn Boulevard, and 56th Avenue North from Xerxes Avenue to Brooklyn Boulevard. The Director of Public Works noted that the project is in the five year road plan in conjunction with MSA funding. He pointed out the existing conditions on Xerxes were a rough surface, poor rideability and severe cracking which requires extensive annual repair. He explained that three major alternatives were considered for the roadway. One of the alternatives, he pointed out, was to overlay the street which would last one to three years at which time cracking would work up again to the surface. He explained this solution was not considered satisfactory by the staff. Another alternative, he pointed out, would be to remove the top two inches of blacktop and replace it, but he stated that the condition of the curb and gutter in the area would be difficult to repair under this plan and that this solution would provide approximately five to ten years of additional life to the roadway. The third alternative, he noted, was to entirely replace the roadway and curb and gutter and that this was the most beneficial and economical solution for the life of the roadway which he estimated at approximately thirty plus years if alternative three were accepted. The Director of Public Works reviewed the funding for the project and noted that the staff recommended assessing two - thirds of the cost to abutting property owners and one -third would be paid by the City. He noted that the construction cost for the project was $300,000 and the total project cost for total reconstruction of the roadway would be $363,000. He pointed out $242,000 of the cost would be assessed to the abutting property owners and he also reviewed the two assessment zones for the project. The Director of Public Works pointed out that the minutes of the February 24, 1981 informational meeting held between affected property owners and tenants of the affected area were included in the Council's packet. The Assistant City Engineer reviewed the three staging alternatives for the total reconstruction alternative for the Xerxes Avenue project pointing out to Council members the advantages and disadvantages of each alternative. With regard to the three alternatives presented, the City Manager stated the most efficient alternative for the contractor would be number one and would provide the earliest completion date for the project. Alternative number two, he pointed out, would involve less than a week difference between alternative one in terms of a completion date. He pointed out that alterna- tive throe would be the least efficient of the alternatives and would be the slowest with regard to the completion date, delaying the project two weeks or more beyond the completion date of the other alternatives. The Director of Public Works stated that if the City Council approves the project, the bid opening could be as early as April 14, 1981 with a probable starting date of May 4, 1981. He reviewed the completion dates of the various alternatives pointing out that for alternative no. '1 a July 1, 1981 completion date could be anticipated, alternative no. 2 would involve a July 4, 1981 completion date or slightly beyond, and no. 3 would involve a mid -July completion date. He stated that alternative 3's complications with regard to traffic circulation are quite overwhelming. 3 -9 -81 -10- The Director of Public Works pointed out that notices of the public hearing + on Street Reconstruction Project No. 1981 -03 had been sent to all affected property owners and had been published in the official newspaper. He pointed out to Council members that, included in their packets, were the minutes from the informational meeting held on February 24, 1981 with the property owners and tenants in the affected area. Councilmember Fignar pointed out that because of a financial conflict he would not participate in any official Council action on either the public hearing on Street Improvement Project No. 1981 -02 or Street Reconstruction Project No. 1981 -03. Mayor Nyquist opened the meeting for the purpose of a public hearing on Street Reconstruction Project No. 1981 -03. He inquired if there was anyone present who wished to speak at the public hearing. Mayor Nyquist recognized Mr. James Klotke, representing the management of the four Dales including Brookdale Center. He explained that Brookdale's business had gotten soft in the last few months and part of this could be attributed to the new highway construction.occuring in the City. He ex- plained that $130,000 had been budgeted this year to improve the access to Brookdale. He pointed out that Shingle Creek Parkway will probably be the Center's best entrance in the future. He stated that the Brookdale manage- ment is recommending the overlay alternative which will take approximately one to two weeks to construct. He stated he is recommending this in anticipation of the necessity to widen Xerxes Avenue because of anticipated :increased business in the area. Mayor Nyquist recognized the Executive Secretary of the Brookdale Merchants Association who stated that she represented 75 businesses at Brookdale and that these businesses are opposed to the project as proposed by the City. She stated that the current impact of the I -94 construction has resulted in a 100 loss of business at Brookdale. She added that an additional loss would be anticipated if the Xerxes Avenue project were pursued. She stated that the Xerxes reconstruction would be an advantage to Brookdale but only if the project was delayed until the completion of I -94, Shingle Creek Parkway and Highway 100. She presented a petition from the Brookdale, Shopping Center Merchants Association which stated their opposition to the complete reconstruction of Xerxes Avenue North, 55th and 56th Avenues between Highway 100 and County Road 10 as proposed in Project 1981 -03, to be entered into the official record of the meeting. Mr. L. L. Ocklemann, representing Sears Roebuck and Company, addressed the Council and stated that he is in opposition to the Street Reconstruction Project No. 1981 -03 at the present time. He also presented a letter from J. C. Penney Company which requested that the project be postponed for approximately two years. Mayor Nyquist recognized Pat Cafarelli, of Daytons Brookdale, who stated that on behalf of Daytons Brookdale she would like to go on record opposing the Xerxes reconstruction project until the I -94 project is complete. 3 -9 -81 -11- Mayor Nyquist recognized a representative from Poppin Fresh Pies who stated that if the Xerxes project is to be approved this year he would request that a penalty or bonus clause be added to the contract to assure timely comple- tion. The Director of Public Works stated that there is a $500 per day_ penalty clause added to the contract. Mayor Nyquist recognized Mr. Steve Graham, representing the Brookdale Car Wash, who stated that the potential increase in traffic as a result of the project along the private roadway paralleling Xerxes could have some damaging effect on the private road. The Director of Public Works stated that by early May the subgrade moisture conditions are usually quite stable and there is less chance for road damage and explained that the project would not begin until the moisture conditions have been stabilized Administrative Assistant Hoffman arrived at 9:40 p.m. Mayor Nyquist recognized Mr. Warren Beck of Gabbert &Beck, owners of West- brook Mall, who stated that he concurs with the Brookdale Merchants' recommendations for delay of the project until the completion of I -94. Mayor Nyquist recognized Mr. Bruce Johnson, Senior Vice - President with Donaldsons, who stated that he supports the contention that Xerxes will need to be expanded in the future and concurs with the recommendations of the other Brookdale merchants. Mayor Nyquist inquired if there was anyone else present who wished to speak at the public hearing. No one appeared to speak. There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to close the public hearing on Street Reconstruction Project No. 1981 -03: Xerxes Avenue North from T.H. 100 to County Road 10, 55th Avenue North from Xerxes Avenue to Brooklyn Boulevard, and 56th Avenue North from Xerxes Avenue to Brooklyn Boulevard. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: ,none, the motion passed. Councilmember Fignar abstained from the vote. Councilmember Kuefler inquired what the alternatives were to complete replacement of Xerxes Avenue. The Director of Public Works stated that an overlay of 1� to 2" could be used along with an overlay of the gutter line. He stated, within one year, the overlay would likely crack and within two years, the roadway would revert to its present condition. He noted the cost of the overlay would be approximately $70,000 to $90,000. Councilmember Kuefler inquired whether the present curb and gutters would be redone with the overlay alternative. The Director of Public Works stated that the curbs would be left as they are but an overlay of the concrete gutter line would be done. Another alternative, he pointed out, was a cold milling process in which the top two inches of the roadway would be ground off and replaced with a wearing course that would likely last approximately five to ten years at a cost of $200,000. He stated that with the cold milling process, the concrete curb and gutter would not be replaced and that the curb and gutter would disintegrate before ten years time. Councilmember Kuefler inquired how long the overlay process would take to install. The Director of Public Works stated that it would take approximately two weeks or less. Council - member Kuefler then inquired how long the cold milling process would take. 3 -9 -81 -12- The Director of Public Works replied it would be approximately four to five weeks but that the cold milling process is neither cost effective or time effective. Councilmember Kuefler requested more information about the coordination of the Shingle Creek Parkway and Xerxes Avenue project. The Director of Public Works stated that it is proposed to combine the projects so that the contractor can alternate between the projects. Also, he pointed out, the Shingle Creek construction will not greatly disrupt traffic to and from the Brookdale area since the greatest traffic demand is on the Highway 100 detour. He stated that eventually, the Shingle Creek Parkway access will be the major access point to the Brookdale Shopping Center. The City Manager pointed out that the City Council should note that the Xerxes Reconstruction plans were developed in conjunction with MSA funding and the staff is recommending that any interim construction be assessed 100%. He stated that the City would not want to commit MSA funds to any type of interim construction such as the overlay process. He stated that inflation will also affect the future cost of the project. The Director of Public Works pointed out that the MSA funds could not be used for an overlay process since this would not meet the state aid standards for roadway construction. Mayor Nyquist asked the staff to comment on the Brookdale Merchants' state- ment regarding the future need to widen Xerxes Avenue. The Director of Public Works stated that Xerxes Avenue in the Brookdale area currently handles 10,000 cars per day and that 55th and 56th Avenues both handle 8,000 cars per day. He stated that the ten year forecasts predict that the increase along Xerxes will be less than 50% and that these .volumes will not warrant widening of the roadway. At this time, he pointed out, he would see no possibility for widening Xerxes in the future. The City Manager pointed out that even with double the traffic volume currently on Xerxes Avenue, this added volume could be handled by signalization and channelization of traffic and would not necessitate widening the roadway. The Director of Public Works reminded the Council that one of the alternatives for the project is to do nothing for one year and that this appears to be more cost effective than either the overlay or cold milling alternative. The City Manager stated that in consideration of cost factors only, the complete reconstruction of Xerxes is most cost effective. The Director of Public Works stated he would recommend against any major repair if the complete reconstruction of Xerxes is deferred. He stated he would recommend only the necessary maintenance required to maintain the roadway. Councilmember Lhotka requested that the staff elaborate on the extent of inflation in highway construction. The Director of Public Works stated that, according to MN /DOT, highway construction costs have been increasing at a rate of 25% per year. He noted that in the past three months, the cost of asphalt has increased from $150 to $200 per ton. The City Manager stated he believes the state aid dollars should not be used to assume the cost of inflation for highway construction. Councilmember Kuefler stated he was concerned that the $500 per day penalty cost is not enough incentive for a contractor to assure that the project is completed either ahead of or on schedule. The Director of Public Works stated that the penalty clause could be increased to $1,000 but beyond a $1,000 per day charge, it could create a problem. He stated that increasing the amount of the penalty could also increase the bid cost. 3 -9 -81 -13- Councilmember Kuefler inquired what the I -94 timetable would be. The Director of Public Works stated that, if all goes well, I -94 will be substantially complete by 1981, and that total completion is likely by 1982. Councilmember Kuefler stated that, with the current condition of Xerxes Avenue, he would doubt if the roadway would last another three years, but noted that with this in mind, the project could be deferred for one year and that Xerxes could be upgraded in 1982. He.stated that with the overlay alternative, he would suggest that the cost be assessed 100% to the property owners affected with the stipulation that Xerxes be reconstructed when the roadway returns to its present condition. The City Manager stated that the staff could discuss the alternatives with the affected property owners and that the two apparent alternatives appeared to be either_ do nothing for another year or to perform the overlay work. The Director of Public Works stated that a special assessment for the overlay alternative would have to be a new pro - ject. The City Attorney pointed out that a new overlay is a reduced project and that the City could go ahead by using this public hearing for that project since the property owners in both cases are the same. The Director of Public Works stated that he recommends the Shingle Creek project be kept on schedule and that in two weeks if the overlay project is chosen for Xerxes, the City could add it to the Shingle Creek project. Councilmember Kuefler commented that the three most workable alternatives appear to be alternative no. 2 for full reconstruction, overlay of the roadway in 1981 with 100% assessment with the understanding that the roadway will be rebuilt when the road reverts to its present condition and as a third alternative to schedule full reconstruction for 1982. The City Manager stated the City staff will discuss all three alternatives with affected property owners and report back to the Council. The Director of Public Works pointed out that a two week delay from today would essentially rule out the full reconstruction alternative. Mayor Nyquist recognized the Brookdale Center Manager who stated that she was in favor of the two week delay to discuss the various alternatives with staff. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to instruct the staff to discuss various alternatives for Xerxes Avenue maintenance and reconstruction with affected property owners and to return to the Council at the March 23, 1981 meeting with recommendations. Voting in favor: Mayor Nyquist, Councilmembers- Kuefler, Lhotka, and Scott. Voting against: none, the motion passed. Councilmember Fignar abstained from the vote. RECESS The Brooklyn Center City Council recessed at 10:20 p.m. and reconvened at 10:35 p.m. With regard to the resolution approving plans and specifications and directing advertisement for bids for Contract 1981 -B, the Director of Public Works stated that revisions would be necessary in the resolution to delete references to Xerxes Avenue, 55th Avenue and 56th Avenue. He stated that the title would also have to be amended and that the first paragraph would have to be amended to delete the reference to Xerxes Avenue. 3 -9 -81 -14- RESOLUTION NO. 81 -60 Member Bill Fignar introduced the following resolution as amended per the recommendations of the Director of Public Works and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR SHINGLE CREEK PARKWAY STREET IMPROVEMENT PROJECT 1981 -02, AND FREEWAY BOULEVARD STREET IMPROVEMENT PROJECT 1981 -04 (CONTRACT 1981 -B) The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. DISCUSSION ITEMS LEGISLATIVE REPORT The City Manager noted that Administrative Assistant Hoffman is compiling information on the status of current bills in the legislature which are of particular interest to the City of Brooklyn Center. He stated that a report will be presented to the Council on these bills at an upcoming meeting. KALEIDOSCOPE 1981 The City Manager stated that this year the City is attempting to consolidate the booths at Kaleidoscope rather than having single booths for a number of City Departments. Administrative Assistant Hoffman stated that there is one booth available for the City Council and that staff.would like to find out what the Council's wishes are for Ialeidoscope. He stated that tho Commissions will each have individual booths and that the Police Department and Fire Department will have their own booth and that the Park and Recreation Department will be combined with the Park and Recreation Commission booth. He stated that the rest of the City Departments will be represented in a single booth and the concentration will be on development and highway construction. Councilmember Fignar stated that he would opt for the alternative of joining in the booth with the general City administration rather than having a separate booth for the Council. There was a general concurrence with Councilmember Fignar's suggestion among Council members. LOCAL BOAR OF EQUALIZATION The City Manager stated that the staff is recommending the date of June 1, 1981 for the Board of Equalization meeting. There was a motion by Council - member Scott and seconded by Councilmember Lhotka to set June 1, 1981 at 7:00 p.m. in the City Council chambers as the date, time and location for the 1981 Board of Equalization meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. ENGINEERING STUDY FOR RADIO C=MUNICATIONS SYSTEM The City Manager referred Council members to a memorandum from the Chief of Police to the City Manager regarding an engineering study of the Brooklyn 3 -9 -81 -15- Center radio communications systems. He stated that the study would be a two - phased study, the first phase would be a review of the entire system and the second phase would involve preparation of specifications for any changes recommended in the system by phase one. He pointed out the funding for the study would be requested from the Council's contingency fund. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to authorize the engineering study of the Brooklyn Center radio communications system and to authorize funds for the study from the Council's contingency fund. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. °Voting against: none, the motion passed unanimously. TREE TRIMMING POLICY The City Manager referred Council members to the City's policy regarding the trimming of trees, that being a resolution establishing a policy relative to the maintenance of boulevard, sod and trees. He pointed out that in the resolution, item 2 -B, requires trimming as needed to allow the movement of the tallest pieces of the street maintenance equipment along the streets. He pointed out that section 2 -B has not been a problem in the older areas of the City but is a problem in the newer areas of the City particularly with regard to the trimming of ash trees. He stated that the sealcoating and street sweeping equipment requires the most trimming. The Director of Public Works stated that most reactions and complaints in the newer areas of the City involve trees where the.shapes of the trees were not fully established yet. He stated that if the City amends the policy to provide trimming on the nonboulevard side of a tree for a more asthetic trim, it �-!ould require a new policy. He stated that the staff is requesting the Council comments and that the staff will discuss them with the tree crews to determine the feasibility of any.changes in the policy. Councilmember Kuefler stated that he has received comments from residents pertaining to unbalanced trimming by City crews. He suggested that one alternative might be to allow people to do their own trimming prior to the sealcoating and street sweeping work on their streets. The City Manager stated that the staff will examine the complaints received regarding the tree trimming and report back to the Council in more'detail. ORDINANCE ENFORCEMENT COMPLAINTS The City Manager referred Council members to M & C No. 81 -5 which reviewed the ordinance enforcement complaints received by the City. He noted the complaints generally covered five major areas those being overnight parking, garage and real estate signs, parking on boulevards, fire lane and handi- capped parking regulations, and junk cars. A general discussion ensued among Council members regarding the abuse of handicapped parking in the City. Council members generally concurred that abuse of the handicapped parking areas was an ongoing problem and requested staff to maintain its enforcement of the handicapped parking zones. Councilmember Kuefler stated he would like to see some sort of relief on garage sale signs with regard to their placement on boulevards. The City Manager stated that staff will research this area and propose some solution with regard to the placement of signs on the right -of -way. 3 -9 -81 -16- JOINT MEETING WITH BROOKLYN CENTER DISTRICT 286 SCHOOL BOARD The City Manager stated that the recommended date for the joint meeting is April 27, 1981. He added that Council members can call either himself or Administrative Assistant Bublitz if they have any suggestions for topics for discussion at the joint meeting. PROPOSED CHARTER AMENDMENT REGARDING SALES OF REAL PROPERTY The City Manager noted that he had reviewed the proposed charter amendment with the Charter Commission and that they had recommended approval of the amendment with some minor revisions. Councilmember Kuefler stated he had reviewed the amendment and that it appeared to make good economic sense. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to schedule the public hearing for the proposed charter amendment for April 6, 1981 at 8:00 p.m. Voting in favor: Mayor Nyquist, Council - members Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. LIQUOR LICENSE - MERIWETHERS RESTAURANT, INC. The City Manager referred Council members to a memorandum from the Chief of Police regarding the new on -sale liquor license application for Meriwethers Restaurant, Inc. He noted the Police Department recommended approval of the application contingent on the designation of a manager and completion of an in -depth background investigation. There was a motion by Councilmember Fignar and seconded by Councilmember Scott to approve the on -sale liquor license application for Meriwethers Restaurant, Inc. on a conditional basis until the manager is designated and the Police Department has an opportunity to conduct an in- depth background investigation on the designated manager for the restaurant. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, the motion passed unanimously. TAXI CAB LICENSE FOR TOWN TAXI CORPORATION There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to approve the 1981 taxi cab license for Town Taxi Corporation. 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 Kuefler to approve the following list of licenses: CIGARETTE LICENSE Consumer Vending 2727 26th Ave. S. Jimmy's Lemon Tree Restaurant 5540 Brooklyn Blvd. Sear's Auto Center Brookdale Center FOOD ESTABLISHMENT LICENSE Frito -Lay 6800 D Shingle Cr. Pkwy. Lemon Tree Restaurant 5540 Brooklyn Blvd. Rocky Rococo Brookdale Center Servomation 7490 Central Ave. N.E. Medtronics Earle Brown Dr. Medtronics 6700 Shingle Cr. Pkwy. 3 -9 -81 -17- MECHANICAL SYSTEM'S LICENSE Air Comfort, Inc. 3944 Louisiana Circle Atkin's Mechanical, Inc. 6550 W. River Road C.O. Carlson 709 Bradford Ave. N. Dependable Heating & Air Cond. 2615 Coon Rapids Blvd. Frank's Heating & Air Cond. 3108 California St. N.E. Golden Valley Heating & Air Cond. 5182 West Broadway Hutton & Rowe, Inc. 217 VanBuren Street Northland Mechanical Con. 7150 Madison Ave. W. Royalton Heating & Cooling Co. 4120 85th Ave. N. SBS Mechanical, Inc. 7160 Madison Ave. W. Sheridan Sheet Metal Co. 4116 Quebec Ave. N. Superior Contractors, Inc. 6121 42nd Ave. N. Yale, Inc. 3012 Clinton Ave. S. NONPERISHABLE VENDING MACHINE LICENSE Brooklyn Center Country Boy 4401 69th Ave. N. Coca Cola Bottling Midwest 1189 Eagan Ind. Rd. Iten Chevrolet 6701 Brooklyn Blvd. Consumer Vending 2727 26th Ave. N. Brooklyn Law Office 5637 Brooklyn Blvd. Hirshfields Brookdale Center Sears Auto Brookdale Center Sears Main Bldg. Brookdale Center F & M Savings Vank of Minneapolis 5825 Xerxes Ave. N. Jimmy Jingle, Inc. 2601 2nd Ave. S. Johnson Control 1801 67th Ave. N. ON -SALE INTOXICATING LIQUOR LICENSE Merriwether's 3221 W. Big Beaver Rd. PERISHABLE VENDING MACHINE LICENSE Jimmy Jingle, Inc. 2601 2nd Ave. S. Johnson Control 1801 67th Ave. N. READILY PERISHABLE FOOD FLEET Frito -Lay, Inc. Brooklyn Center SUNDAY ON -SALE INTOXICATING LIQUORE LICENSE Meriwether's 3221 W. Big Beaver Rd. TAXI CAB LICENSE Town Taxi Corporation 7440 Oxford Street 3 -9 -81 -18- 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 Scott 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 11:26 p.m. -- g,7, _ ei , ; A mayor, .3 -9 -81 -19-