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HomeMy WebLinkAbout1980 07-21 CCM Regular Session i 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 DULY 21, 1980 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:05 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 Inspection Ron Warren, Parks & Recreation Director Gene Hagel, City Attorney Richard Schieffer, and Administrative Assistants Brad Hoffman and Tom Bublitz. INVOCATION The invocation was offered by Councilmember Tony Kuefler. APPROVAL OF MINUTES - JULY 7, 1980 There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to approve the minutes of the City Council meeting of July 7, 1980 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against: none. Councilmember Lhotka abstained as he was not present at the July 7, 1980 meeting. The motion passed. OPEN FORUM Mayor Nyquist stated that the Council had received several requests to use the Open Forum session this evening and that all the requests concerned the same topic. He noted that the requests were received from Mr. Richard Champlin of 4413 71st Avenue North, lux. William A. Ficker of 7100 Lee Avenue North, Mr. mike Wenzler of 4419 71st Avenue North, Mr. Kenneth Carlson of 7112 Lee Avenue North, and Catherine Root of 4406 71st Avenue North. Mayor Nyquist recognized Mr. Richard Champlin who stated that he would act as spokesman for the group this evening. Mr. Champlin addressed the problem of noisy parties going on at 4407 71st Avenue North and explained that this situation had been ongoing for approximately two years. He stated that the parties usually began at 7:00 p.m. and lasted to the early hours of the morning. He added that, the after- math of the parties left a large volume of refuse and glass in the street and also on the adjoining church property of St. Alphonsus. He stated that the police had been called regarding this problem but that the problem still existed in the neighborhood. He explained that, Father Lowry of St. Alphonsus had contacted the police and they had advised him to call back every ten minutes or so. Mr. Champlin indicated that he had talked to Mr. Marcel Gagnon, the owner of the property at 4407 71st Avenue North, and informed the Council that Mr. Gagnon did not see any problem with the parties that his children were having at his home. Mr. Champlin also added that there are from six to eight junk cars on the property at 4407 71st Avenue North. He stated he suspects that the individuals throwing the parties are monitoring police calls since the people usually leave the premises when the police are called. 7 -21 -80 -1- Mr. William Ficker added that, the parties usually occur between three to five times a week. The City Manager stated that he was made aware of the problem late last week and that Captain Kline has instituted a program of regular checks in the neighborhood. He stated that the individuals are probably monitoring the police calls and that officers will put this location on their list of regular checks and that an intensive enforcement effort will be made in this area. The City Manager also added that, as a final step, the City could go to an injunction action in court but could do this only after a history of violations and citations had been established. He explained that a district court injunction is a final step and that with an injunc- tion the individuals would be held in contempt of court. In response to a question from one of the Open Forum participants the City Manager stated that three tags had been issued at the address for junk cars and trash. The City Manager stated that he would work with the Police Department and the prosecutor's office on this problem and if necessary would begin to lay the groundwork for a court injunction. Councilmember Scott inquired when the last tag was issued at this address. The City Manager explained that he would research when the last tag was - issued and return with this information to the Council. Mayor Nyquist inquired of the audience if there was anyone else who wished to address the Council for the Open Forum session. There being none, the Mayor proceeded with the regular agenda items and declared the Open Forum session closed. FINAL PLAT APPROVAL - THE PONDS PLAT FIVE The City Manager introduced the next agenda item which was a request for a final plat approval for The Ponds plat five. The Director of Puhl. c WoXkq reviewed the plat for the Council and stated that the final plat is in order as to the preliminary plat conditions except for the homeowners agree- ment. He explained that a separate homeowners agreement had been set up for this area of The Ponds and that a condition of the original approval for The Ponds was that all of The Ponds be under one Homeowners Association. He explained that the applicant does have a legitimate argument in that it would be difficult to open up the homeowners agreement to include the rest of this plat. He added, however, that it would be more difficult to deal with two Homeowners Associations administratively as opposed to only one. He explained that the Associations contact City Hall on a regular basis and that there may be a conflict between the requests of the two Associations at some point in time. The City Attorney stated that he had discussed this situation with the Superintendent of Engineering and that, in his opinion, it is essentially a policy decision. He stated there are advantages to a single Homeowners Association but if the property owners have reasons to split the Association there are no serious legal problems with this. Mayor Nyquist inquired if areas one through four of The Ponds merge with plat five would not then the homeowners control the Association as opposed to the developer. The Director of Public Works stated that he believes this would be true. 7 -21 -80 -2- Councilmember Kuefler requested that Mr. Koltas, who was present in the audience and lives in plat four, comment on the situation. Mr. Koltas stated that, as he understood it, the original plan was for all plats to be merged into a single Association but that problems have occured and a merger, which would create such a great number in the Association, would be less workable than two separate Associations. He added that plat one through four homeowners have been told their Homeowners Association would be 134 individuals and that this would not include plat five. He also noted there would be an option which would allow the Associations to merge later if they chose to do so. Mr. Koltas stated that, as President of the Homeowners Association and speaking for the members of his Association it was preferred to keep the number of members in the Association limited to 134 members. He stated that, making plat five part of the present Association could possibly slow down the remainder of the development. Councilmember Fignar inquired whether the bylaws differ in the ,association of plats one through four as opposed to the Association for plat number fiye, The City Attorney stated that he did not believe they differed in any signif- icant respect. The Director of Planning and Inspections stated that, in 1976, a single Home- owners Association was set as a condition for the approval of a special use permit for The Ponds when Unity Avenue was proposed as a private street, He explained that Unity Avenue is now a public roadway, He added that the concept in the Zoning Ordinance is now changed and the townhouses, such as are being developed in The Ponds, are now a permitted use rather than a special use. He explained that one of the staff's concerns in this situation is that the City may become an arbitrator between the two Homeowners Associations in The Ponds development. Councilmember Kuefler stated that, unless it is a great administrative problem he sees no problem with forming separate Homeowners Associations, Councilmember Fignar inquired of the City Attorney whether he saw any problems with having two associations. The City Attorney explained that there are no legal problems but there may be administrative problems with two Associations. The Director of Public works inquired of Mr. Koltas whether the homeowners need more time to discuss the situation. Mr. Koltas stated that there is general agreement among the homeowners in his Association and that they support the concept of two Associations. Mr. Duane Dietrich of the Meadow Corporation requested to address the Council and stated that this item was discussed at the preliminary plat hearing on The Ponds and that since the original discussions legal and financial con- siderations have caused him to request the separate Associations, He explained that the Torrens Department has obstructed bringing plat five in with plats one through four. He added that he believes none of the homeowners would be harmed by using two Associations instead of a single Association. Councilmember Fignar inquired what would happen to plat number six as you con- vert this area to condominiums in the future. Mr. Dietrich explained that when plat six is taken out of the rental market we will provide a Homeowners Asso- ciation for it as the lenders require it. Councilmember Fignar inquired how many units were in plat number six. Mr. Dietrich explained that there were 112 units in plat number six. 7 -21 -80 -3- There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to approve the final plat of The Ponds plat five and to waive the condition that all of The Ponds development be under one Homeowners Asso- ciation. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. i SUBDIVISION BOND RELEASE The City Manager introduced the next agenda item which was a subdivision bond release for RLS 1409 located at 73rd and Knox. The City Manager referred Councilmembers to a memorandum from the Superintendent of Engi- neering to the Director of Public Works regarding the subdivision bond release for RLS 1409. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to approve the subdivision bond release for RLS 1409 in the amount of $1,000. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none; the motion passed unan- imously. PERFORMANCE BOND RELEASES The City Manager referred Councilmembers to a memorandum from the City's Building Official to the Director of Planning and Inspection regarding performance bond releases for SuperAmerica located at 6545 West River Road and Schmitt Music located at 2400 Freeway Boulevard. There was a motion by Councilmember Fignar and seconded by Councilmember Scott to approve the performance bond releases for SuperAmerica located at 6545 West River Road and Schmitt Music located at 2400 Freeway Boulevard. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none; the motion passed unanimously. RESOLUTIONS The City Manager introduced a resolution relating to a project under the Municipal Industrial Development Act; calling for a public hearing thereon. Administrative Assistant Hoffman stated that the project cost is estimated at $5,250,000 and.that the bond request would be for $4,600,000. Council- member Kuefler inquired how the project would fit in with the City's Industrial Development Revenue Bond.policy. Administrative Assistant Hoffman stated that the staff has not yet ranked this use under the policy but that it would bring in a considerable number of jobs to the City, which is 'a priority in the policy. He added that the project will be ranked when it is considered by the City Council. RESOLUTION NO. 80 -155 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION RELATING TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; CALLING FOR A PUBLIC HEARING THEREON 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. 7 -21 -80 -4- The City Manager introduced a resolution approving plans and specifications for arboretum and directing advertisement for bids. He explained this item involves the development of the arboretum as contemplated in the park bond issue. He noted that the design for the arboretum was derived from meetings held with the residents in the arboretum neighborhood. He stated that, at the meetings held in the neighborhood, the staff indicated that they would submit the arboretum plans to the residents one week prior to their consid- eration by the Council. He stated that because of the critical construction time, the staff distributed the plan to residents on this past Friday, but if the residents desire more time to review the plan action can be deferred to another Council meeting. There was a general consensus among the residents present that they had no objection to considering the plan at this evening's meeting. The City Manager introduced Mr. Paul Fjare of Brauer & Associates, who was the primary consultant on the design of the arboretum. Mr. Fjare presented the arboretum plan to Councilmembers and the audience and stated that the present plan captures certain families of plan associations including the northern aquatic, northern conifer swamp, prairie meadow, and prairie savanna. He stated that the plan recommends a five foot chain link fence around the arboretum with one access point allowing people into the site. He noted that the trail would be asphalt and would be accessible to both handicapped and ambulatory persons. Mr. Fjare stated that the two ponds contemplated in the plans would be achieved by dredging and earth shaping on the site. He also noted that the plan provides for the introduction of the flathead minnow in the ponds to combat mosquitos. Councilmember Kuefler expressed a concern over the closeness of the trail to the residents' homes. Mr. Fjare stated that at some points the trail is six feet from the property line of residential lots. Councilmember Kuefler stated that he believes this six foot distance may be too close. Mr. Fjare stated that the trail could be moved quite easily at this point in the planning stage. Councilmember Lhotka inquired whether or not, aside from the fence, there would be any trees screening the arboretum from the residential homes. Mr. Fjare stated that there would be trees planted in addition to the chain link fence. Councilmember Scott inquired whether the pathway went around the entire distance of the arboretum. Mr Fjare stated that the trail deadheads at the observation point. He explained that access into the site would be controlled so that bicycles cannot move through the gate onto the pathway. Mayor Nyquist opened up the discussion to the audience. Mayor Nyquist rec- ognized Mrs. Dorothy Buckingham who questioned how much of the site will be torn up, expressing a fear that some twenty year old trees and some wildlife would be destroyed in the process. Mr. Fjare stated that many of the trees will be preserved, such as the Russian olive and black oak. He stated, however, that many of these trees are approaching the point of maturity where they will be dying in the near future anyway. Mrs. Buckingham stated that she is concerned that the four foot to four and a half foot depth of the pond may be harmful for small children. Councilmember Fignar questioned what would happen if the ponds were shallower. Mr. Fjare stated that if the ponds were reduced in depth, the light would penetrate the water and would promote much weed growth. 7 -21 -80 -5- Mayor Nyquist recognized Vivian Rolek of 6148 Noble who inquired whether the trees adjacent to her property could be saved. The City Manager stated that there are large cottonwood trees in the area and that it is his recommendation that if the trees have a value to adjoining property owners they should be saved if at all possible. Mayor Nyquist recognized Dorothy Buckingham who expressed a concern about the wildlife currently existing in the area such as pheasants, ducks, and woodchucks. Mr. Fjare stated that animals are generally quite adaptable to a change in their habitat and that with the development in the arboretum their habitat can be enhanced. Mayor Nyquist recognized Loreen Hampton, a resident on Lee Avenue, who in- quired whether there would be a gate on the parking lot to prevent beer parties and other illicit use of the parking lot. The City Manager stated that no gate is proposed for the lot but that a curfew of 10:00 p.m. will be enforced in City parks and that the parking lot will also be lighted which will also help to prevent mayhem in the lot. Mayor Nyquist recognized Mr. Lee Moore who stated that he lives on the west side of Noble and expressed a concern that the fence proposed for the arboretum will be only one foot from his property line thus creating a run- way or "no man's land" between existing fences and the park fence. The City Manager explained that there are bound to be certain minor problems with the development and that they can be resolved best on a case by case basis with the cooperation of the property owners. He stated that the staff will be working closely with the property owners throughout the development of the arboretum. Mayor Nyquist recognized Mr. Jerry Wilkens of 6200 Noble who expressed a concern over the closeness of the trail to his property. He was particularly concerned that certain black walnut trees on his property line be saved. The City Manager stated that before construction on the arboretum begins the City staff will contact all residents in the area to work out the design problems as they affect their particular lot. Mrs. Loreen Hampton stated that she would like to thank the City Manager and the Parks & Recreation Director for keeping the residents in the area so well informed regarding the plans for the arboretum. RESOLUTION NO. 80 -156 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR ARBORETUM AND DIRECTING ADVERTISEMENT FOR BIDS 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. PUBLIC HEARING ON PROPOSED COMPREHENSIVE PLAN AND CAPITAL IMPROVEMENTS PROGRAM The City Manager introduced the next agenda item and stated that the procedure for the adoption of the comprehensive plan involves the Metropolitan Council 7 -21 -80 -6- reviewing the plan and returning it to the Council with comments for final adoption by the City Council. The Director of Planning and Inspection stated that the final printing of the plan has not yet been completed by the consultant. He reviewed the history of the development of the plan, noting that on January 10, 1980 the Planning Commission approved the plan and that in December, 1979 a joint Planning Commission and Council meeting was held to discuss the plan. He explained that late in January and February of 1980 the Planning Commission reviewed the neighborhood policy recommendations and that they are included in the plan. He explained that Brooklyn Park, Minneapolis, Crystal, Robbinsdale, Fridley, Hennepin County, Anoka County and the various school districts in the area were sent copies of the com- prehensive plan.. The Director of Planning and Inspection proceeded to review the written comments received from the cities of Brooklyn Park and Robbinsdale regarding the comprehensive plan. He also introduced a letter to BRW regarding the City's policy statement on the Crystal airport which will be included in the policy statement of the comprehensive plan. He added that the capital improvements plan would also be forwarded to the Metropolitan Council for their review along with the.comprehensive Plan. He explained that notice of the public hearing for this evening's meeting has been published in the Post. The City Attorney left the table at 8:31 p.m. Regarding the City of Brooklyn Park's comment on 69th Avenue Councilmember Kuefler inquired what the definition of a collector street was. The Director of Public Works stated that a collector street would be classified as a street less than an arterial. He noted that the classifications of streets include primary arterials which are trunk highways, secondary arterials which are streets that move a great deal of traffic through a city but are not trunk highways, and a collector which provides neighborhood to neighborhood cir- culation. -- The City Attorney returned to the table at 8:35 p.m. The Director of Public Works stated that secondary arterials are usually county roads and collector streets are usually MSA streets. He stated that the question comes about from the City of Brooklyn Park because of their concern that if 69th is declared a collector street the County will say that it should not be a County road. He added, that the County has already given us a message that 69th should not be a County road. Councilmember Kuefler inquired what option would give the City the best leverage with the County. The Director of Public Works stated that it is most realistic to go with the collector designation'for 69th. Mayor Nyquist opened the meeting for the purpose of a public hearing on the City's proposed comprehensive plan and capital improvements program. Mayor Nyquist asked for comments from the audience. No one appeared to speak at the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to close the public hearing on the City's proposed comprehensive plan and capital improvements program. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka and Scott; voting against: none, the motion passed unanimously. RESOLUTION NO. 80 -157 Member Gene Lhotka introduced the fpllowing resolution and moved its adoption: 7 -21 -80 -7- RESOLUTION CERTIFYING THAT THE PRE - REVIEW REOUIREMFNTS FOR THE 1980 COMPRE- HENSIVE PLAN HAVE BEEN SATISFIED AND DIRECTING THE CITY MANAGER TO SUBMIT THE PLAN TO THE METROPOLITAN COUNCIL 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. RECESS The Brooklyn Center City Council recessed at 8:44 p.m. and reconvened at 9:00 P.M. The City Manager introduced a resolution approving a Joint and Cooperative Agreement with the Northwest Human Services Council and stated that the staff recommends approval of the resolution. Councilmember Fignar inquired if there was any fee connected with the Northwest Human Services Council. The Director of Finance stated that there was a membership fee of $1,088 and that this would not be changed through the next year of the Agreement. Mayor Nyquist recognized Dorothy Buckingham who explained that the changes in the Joint Powers Agreement were generally made for housekeeping purposes. She added that the Human Services Council is a planning group set up to coordinate services and that the organization does not handle individual problems. RESOLUTION NO. 80 -158 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING JOINT AND COOPERATIVE AGREEMENT WITH NORTHWEST HUMAN SERVICES COUNCIL 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. PLANNING COMMISSION ITEMS The City Manager introduced Planning Commission Application No. 80020 submitted by Gerald Blomberg for a special use permit to operate an amusement place in conjunction with the sale of snacks and gifts in a tenant space at Humboldt Square Shopping Center, 6800 Humboldt Avenue North. He stated that this application was recommended for approval at the July 10, 1980 Planning Com- mission meeting. The Director of Planning and Inspection referred Councilmembers to pages one through four of the July 10, 1980 Planning Commission minutes and reviewed and presented the Planning Commission information sheet on Application No, 80020. The Director of Planning and Inspection proceeded to review the layout of the store as submitted by the applicant. He noted that, prior to the Planning Commission public hearing, two businesses in the area had submitted written objections to the applicant's request. He added that, at the Planning Commission's public hearing Mr. & Mrs. Barry Wallerstedt of 7001 Emerson Avenue North stated their objections to the applicant's request, The Director 7 -21 -80 -8- of Planning and Inspection stated that the Planning Commission recommended approval of the application subject to eight conditions which he reviewed for Councilmembers. The Director of Planning and Inspection reviewed the past problems with the Electric Emporium which was a project similar to that proposed by the applicant. Fe explained that one of the problems with the Electric Emporium was that individuals would use the emergency fire doors as an entrance and an exit and he suggested that this problem be addressed as a condition in the issuance of any special use permit for this project. He also added that the Planning Commission's recommendation for approval was not unanimous. The Director of Planning and Inspection stated that a public hearing has been scheduled for Application No. 80020, the proper notices have been sent and the applicant is present at this evening's meeting. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 80020. No one appeared to speak on the application. Councilmember Kuefler inquired of the applicant whether he had any experience with electronic game operations in the past. Mr. Blomberg stated that he has had no experience with an electronic games operation but that he has had experience working with young people when he ran a Dairy Queen and also when he worked as a psychologist in a state hospital. In response to a question from the audience, Mr. Blomberg stated that he would not be selling drug paraphernalia in his store. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to close the public hearing on Planning Commission Application No. 80020. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to approve Application No. 80020, a request for a special use permit to operate a recreation center with electronic games at the "Snacks and Nick- nacks" tenant space in Humboldt Square Shopping Center, subject to the following conditions: 1. The special use permit is issued to the applicant as operator of the facility and is nontransferable. 2. The permit is subject to all applicable codes, ordinances, and regulations and any violation thereof shall be grounds for revocation. 3. The hours of operation shall be from 10:00 a.m. to 9:30 p.m. Monday through Saturday and from 1:00 p.m. to 9:30 p.m. on Sunday. 4. The permit is subject to review within six months for complaints, ordinance violations and police calls. If at the time of this re- view, any condition of the special use permit has been violated, the permit shall be revoked. 5. House rules and hours of local curfew regulations shall be clearly posted in the establishment and rigorously enforced. Rules shall be submitted to the Director of Planning and Inspection prior to the issuance of the special use permit. 6. Provisions shall be made for bicycle parking racks located in a manner approved by the Department of Planning and Inspection. 7. The applicant shall assure that the outside areas are maintained free of debris and litter generated by patrons of his establishment. 7 -21 -80 -9- 8. The area devoted to games shall be limited to one third of the retail floor area of the establishment. Non- salesfloor area shall not be included in the computation of the allowable space for games. 9. The applicant shall assure that the emergency fire 'exits will be used for emergency situations only and will not be used for normal entrance and exit. In discussion of the motion Councilmember Fignar stated that he has problems with this kind of application based upon past experience with this type of operation. He cited the problems of past operations of this nature and stated that he would tend to vote against the application based on his past experience with these types of operations and the past behavior of the customers of these types of establishments. Mayor Nyquist called for a vote on the motion. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Kuefler. Voting against: Councilmember Fignar. The motion passed. The City Manager introduced Planning Commission Application No. 80021 submitted by Merila- Hansen /Commercial Partners for preliminary plat approval of Brookdale Square Addition including the Brockdale Ford, Charlson, and Shingle Creek right of way properties. He pointed out that the Planning Commission recommended denial of this application.at the July 10, 1980 Planning Commission meeting. The Director of Planning and Inspection referred Councilmembers to pages five through ten of the July 10, 1980 Planning Commission meeting which addressed Application No. 80021. He also reviewed and presented the Planning Comr!ission information sheet on Application No. 80021. The Director of Planning and Inspection proceeded to review a transparency showing the location of the plat proposed by the developers. He added that the Planning Commission held quite a lengthy discussion regarding the traffic analysis studies and the traffic generation related to the project. He explained that the staff position on the project is that the traffic pressure in the area of the project will eventually require signals and that the location of traffic signals at the southerly portion of the site on Shingle Creek Parkway will not provide the best solution to traffic control in the area. He noted that the Planning Commission recom- mended denial of the application since the plat does not meet the Council's direction for a public roadway along the north edge of the property, nor is the applicant willing to make the north access the major access point. The Director of Public Works stated that the two traffic engineering firms that have examined the site with regard.to traffic flow have based their analysis on the land uses as proposed by the developer. He pointed out that land uses in this area could change dramatically and that a signal is not now warranted under present projected traffic volumes but that many factors could change the future traffic counts in the area to warrant a signal. The City Manager noted that Northwestern Bell employees have already complained about not being able to make a left turn at their site. He indicated that the Commercial Partners' plan puts a major access in an area which would go against good traffic engineering practices. The Director of Public works stated that the establishment of the Earle Brown extension would be desirable for develop - ment of the industrial park area. Councilmember Lhotka left the table at 9:05 p.m. 7 -21 -80 10- The Director of Public Works pointed out that a major entrance to this shopping center halfway between John Martin Drive and County Road 10 would be the most advantageous design and would improve traffic circulation in the entire industrial park area. Councilmember Lhotka returned to the table at 9:06 p.m. The City Manager stated that traffic congestion is most likely to occur from persons wishing to go out of the shopping center site to go south on Shingle Creek Parkway. He stated that the staff is recommending a public street as a first choice of remedies to the problem and that as a second choice the staff is recommending a common entrance to the shopping center and Northwestern Bell at a point halfway between John. Martin Drive and County Road 10. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 80021. Mayor Nyquist recognized Dolores Hastings who inquired how the access to the shopping center would affect pedestrian traffic going to the new Hennepin County library site. The City Manager stated that the shopping center development will not have an effect at Summit Avenue and Shingle Creek Parkway. Mayor Nyquist recognized Mr. Darrel Fortier, architect for the Commercial Partners project, and a member of the Korsunsky-- Krank - Erickson architectural firm. Mr. Fortier explained that the primary concerns and requirements for the project are traffic and visibility. He pointed out the need for identity of the project to the community. He stated that the location of the shopping center at the northern end of the site is the most advantageous for visibility purposes. He stated the applicant has conducted a traffic study and that the study has shown that there should be no congestion in the area except for the possibility of traffic congestion during the Thanksgiving through Christmas shopping season. Mr. Fortier submitted a letter from Northwestern Bell stating that they were in favor of the Commercial Partners access plan. He submitted the letter to the City Clerk for inclusion into the official record. He stated that visibility for the project is essential and can only be achieved with a clear view of the site from the south. He pointed out the potential tenants have indicated they would cancel their leases if this is not accom- plished. Mr. Fortier stated he does not see that the roadway proposed by the City staff will improve traffic flow in the area and suggested the Council not pursue the idea of a public roadway. Mr. Fortier introduced Jim Merila of Merila - Hansen, Inc., consultant to Commercial Partners. Mr. Merila reviewed slides of the shopping center site and also reviewed past traffic studies of the area for the Council. Mr. Merila stated he does not believe a public roadway would provide the best solution to the access and circulation problem in the area and advised the Council against the idea of a public roadway. He pointed out the existing theater, Cinema I, II, III, IV, would lose 90 parking stalls if a public roadway is constructed. Mr. Merila also stated that the construction of a public roadway would add additional traffic onto Shingle Creek Parkway and that a public street would not benefit the abutting property owners. Mr. Merila supported the idea of a private street for the area and pointed out that this would serve the area well. 7 -21 -80 -11- The Director of Planning and Inspection pointed out that the Cinema I, II, III, IV has 142 parking stalls in excess of its required parking and that with the loss of 90 stalls the theater would still exceed its parking requirements under the Zoning Ordinance. He also pointed out the site plan for the Brook- dale Six office building has shown that the 30 required parking stalls can be installed on the site. He noted the proof of parking plan submitted at the time of plan approval, verified this fact. He stated that the Brookdale Six office building has a joint parking agreement with the Cinema for 20 stalls and pointed out that even with the loss of these 20 stalls from the Cinema the Brookdale Six office building would still meet its proof of parking plan requirements for an office /service use. The City Manager pointed out the previous retail developer of the Charlson property saw a public roadway in the area as an advantage to development in the area. Councilmember Fignar left the table at 9:45 p.m. Shelly Johnson of Barton- Aschmann Associates, retained by Commercial Partners, next addressed the Council and commented on the site access and traffic analysis study. He stated he sees no problems for access to the shopping center site with the plan proposed by Commercial Partners except the possible problem of outbound left turns for the access located at the south end of the shopping center site. He stated his conclusion was the site will work, that the access will work, that the signal will not be warranted for the projected traffic volumes, and that if a signal is eventually required its timing can be tied to the signal at County Road 10. He concluded that he believes the . site plan will work and that the signal will work if it is eventually needed. The Director of Public Works pointed out that the projected traffic volume that Mr. Johnson is referring to when making his conclusions about the site is a 14,700 average daily traffic projection for Shingle Creek Parkway in the year 2000. He added this figure represents an average daily traffic volume and does not have to be reduced by 40o since it is already an average daily figure. Councilmember Fignar returned at 9:50 p.m. The Director of Public Works pointed out that, if the area is developed more commercially, for example, if the theaters are developed into more intense commercial uses, then the traffic volumes coming out of the site will increase dramatically over what is projected for the site now. If the plan is approved as submitted by Commercial Partners we are in effect telling Northwestern Bell that their access point will never get a traffic signal. Mr. Bob Fodness, who identified himself as one of the owners of the Brookdale Six office building, next addressed the Council and stated that he was opposed to a major roadway in this area and that he is speaking on behalf on his six partners who own the Brookdale Six office building. He stated that all of the current available parking is needed by the office building and that they could not afford to lose any parking to a roadway. Mr. Darrel Fortier again addressed the Council and showed slides of the project area which he stated demonstrated the fact that the shopping center has to be oriented for visibility from the south. He noted the berms along Shingle Creek Parkway in the area of Northwestern Bell block the visibility to the site if the shopping center was oriented toward the north. 7 -21 -80 -12- Councilmember Kuefler inquired what the daily traffic volume was on County Road 10. The Director of Public Works stated that the traffic volume on County Road 10 is slightly under 20,000 vehicles per day. The City Manager pointed out that one of the main problems with the shopping center site as submitted by Commercial Partners is the left turn out of the site going south. He stated that the staff is examining potential traffic volumes with regard to all uses allowed in the C2 zone and not just those which are now being proposed. He added, the area should be examined with regard to use with greatest density possible. The Director of Public Works stated the staff does not have a carte blanche objection to the two accesses but the staff believes the major access must be oriented towards the northern end of the site as indicated by past traffic studies. The City Manager stated with Commercial Partners' ro osal the pressure for a traffic signal P P will come for two locations, one at the north end of the site and one at the south end of the site, and with the location of the access proposed by the staff he believes the traffic signal can be limited to one location rather than two. Mr. Shelly Johnson of Barton- Aschmann Associates stated that he believes that BRW's projected traffic volumes of 14,700 from the site in the year 2000 is incorrect and that this volume should be reduced by 40% to get an accurate reflection of what normal traffic would be in the area, since the peak hour left turns for this projected volume are calculated based on the fifteenth heaviest day of the year. The Director of Public Works stated that he believes the only way for a public roadway to work in this area is for the developer to promote the idea and develop certain trade --offs for the project. Mayor Nyquist recognized Mr. Allen Gustafson of Commercial Partners who stated that the visibility of the shopping center site has to be oriented towards the Brookdale site according to the marketing studies, retailers, lenders and architects. He stated that the various traffic studies agree that the site access proposed by Commercial Partners will work. Mayor Nyquist inquired whether there was anyone else present who wished to speak to Application No. 80021. No one appeared to speak and the Mayor called for 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 Planning Commission Application No. 80021. The motion passed unanimously. In response to a question from Councilmember Scott, the City Manager noted that a major problem with the Commercial Partners site is a congested left turn out of the property. He added that, if the Council is willing to accept only traffic warrants when considering the necessity for a traffic signal then both the traffic engineers agree. However, he noted that the staff believes that pressures other than traffic warrants will come to bear on the site and will require that traffic signals be erected. He stated that the City Council must decide on marketing interests versus the potential traffic circulation problems for this project. 7 -21 -80 -13- Councilmember Scott suggested running a north access road behind the shopping center buildings across the north side of the site extending to the theater location. She pointed out that this would not be a through street but a private ,drive to the site. She stated that if a traffic signal were installed at this location the public would regard this as the major access point and use it as such, regardless of the design of the shopping center and parking lot. Council- member Fignar stated that he believes Councilmember Scott's plan may be workable. Councilmember Lhotka stated that he agrees with the City Manager's evaluation of the access to the site at the north end of the shopping center site. There was a motion by Councilmember Lhotka and seconded for purposes of discussion by Councilmember Fignar to deny Planning Commission Application No. 80021 based on the reasons as stated by the Planning Commission at its July 10, 1980 meeting. In discussion of the motion Councilmember Scott stated that she would not vote for any proposal with a public roadway since it does not benefit abutting property owners. Mayor Nyquist called for a vote on the motion. Voting in favor: Mayor Nyquist and Councilmember Lhotka. Voting against: Council - members Kuefler, Fignar, and Scott. The motion to deny Planning Commission Application No. 80021 failed. Mr. Allen Gustafson representing Commercial Partners addressed the Council and requested that the Council give some direction to the Planning Commission regarding the Council's views on the access situation. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to refer Planning Commission Application No. 80021 submitted by Merila - Hansen/ Commercial Partners for preliminary plat approval of Brookdale Square addition including the Brookdale Ford, Charlson, and Shingle Creek right of way propertie' back to the Planning Commission for their recommendations on the appropriate access to the north end of this site and on the resolution of the access problo at the south end of the site. voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. The City Manager introduced Planning Commission Application No. 80025 submitted by the Lutheran Church of the Master for site and building plan and special use permit approval to construct an approximate 10,000 square foot addition to the existing church at 1200 69th Avenue North to be used for administrative office space and for a new fellowship hall. He pointed out this application was' recommended for approval at the July 10, 1980 Planning Commission meeting. The Director of Planning and Inspection referred Councilmembers to pages ten through twelve of the July 10, 1980 Planning Commission minutes which addressed Planning Commission Application No. 80025 and also presented and reviewed the Planning Commission information sheet on Application No. 80025. He stated that a public hearing was held by the Planning Commission on the application and that the Planning Commission recommended approval subject to eight conditions which he proceeded to review for Councilmembers. He pointed out that a public hearing is required on this application and that the appropriate notices have been sent. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 80025. He inquired if there was anyone present who wished to speak to the application. Mayor Nyquist recognized Mr. Tom Solberger, chairman of the church building committee, who addressed the Council and stated that he had a question regarding the necessity of the eighth condition as stipulated by the Planning Commission. The Director of 7 -21 -80 -14- Planning and Inspections pointed out that the planting of boulevard trees is an ordinance requirement and would be required either at the time of Ulan approval or plat approval. He stated it was the Planning Commission's recommendation to put the trees in as a requirement of the plan approval. There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to close the public hearing on Application No. 80025. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve Planning Commission Application No. 80025 submitted by the Lutheran Church of the Master for site and building plan and special use permit approval to construct an approximate 10,000 square foot addition to the existing church at 1200 69th Avenue North subject to the following conditions: 1. The permit is subject to all applicable codes, ordinances and regulations and violation thereof shall be grounds for revocation. 2. Building plans are subject to review and approval by the Building Official prior to the issuance of permits. 3. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer prior to the issuance of permits. 4. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 5. 8612 curb and gutter shall be provided around all parking and driving areas, except that B6 curb may be acceptable around the north parking lot area upon approval by the City Engineer. 6. Any outside trash disposal facilities or rooftop mechanical equip- ment shall be appropriately screened from view. 7. The property is subject to replatting in accordance with City Ordinances. A final plat shall be filed with the County prior to the issuance of building permits. 8. The plans will show a fifteen foot opening in the foliage screen either side of a driveway; the foliage screen will be labeled as honeysuckle planted at three feet on center; that ornamental trees will be indicated along the west property line with species desig- nated; that the driveway off 70th Avenue stay where it presently is, rather than be moved to the west; and that one and three - quarter inch diameter boulevard trees will be planted at 75 foot intervals along 70th and Emerson Avenues North; and the placement of stop- signs at both entrances to the north parking lot. Voting in favor: Mayor Nyquist, Councilmember Kuefler, Fignar_, Lhotka, and Scott; voting against: none, the motion passed unanimously. 7 -21 -80 -15- RESOLUTIONS CONTINUED RESOLUTION NO. 80 -159 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR SHELTER BUILDINGS IN BROOKLANE PARK, (PROJECT NO. 1980 -17), GARDEN CITY PARK (PROJECT.NO. 1980 -18), AND CENTRAL PARK (PROJECT NO. 1980 -19) SHELTER BUILDING CONTRACT 1980 -L 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. RESOLUTION NO. 80 -160 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM FOR TRAFFIC CONTROL SIGNAL CONTRACT 1980 -F (65TH. AVENUE NORTH /FREEWAY BOULEVARD-- HUMBOLDT AwNUE NORTH /T. H. 100 INTERSECTION) 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. 80 -161 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM FOR PAVING CONTRACT 1980 -G (SHINGLE CREEK PARKWAY, HUMBOLDT AVENUE NORTH, 66TH AVENUE NORTH) 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. RESOLUTION NO. 80 -162 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR NEIGHBORHOOD PARKS IMPROVEMENTS CONTRACT 1980 -K 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. 7 -21 -80 -16- RESOLUTION NO. 80 -163 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR PROFESSIONAL SERVICES WITH MERILA- HANSEN, INC. FOR DESIGN OF PORTIONS OF CENTRAL PARK IMPROVEMENTS AND SHINGLE CREEK TRAILWAY 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. The City Manager introduced a resolution providing for the issuance and sale of $1,500,000 general obligation park improvement bonds of 1980. The Director of Finance stated that it was originally intended to combine the park improve- ment bonds with other.improvement bonds but currently there are not enough to make a significant addition so the park bonds will be going out separately. He stated that, in 1991, all of the building bonds issued in 1970 will be paid off. He indicated that the market for long term bonds is not good presently so the staff recommendation is to try to shorten up the time period. Because of the shortened time, from 20 years to 12 years, he stated that the interest is likely to drop to 6.8 %. He noted that the average mill rate will be 1.23 or less and that by shortening the schedule there will be a savings of between $60,000 to $70,000 in interest. He stated that the staff's recommendation is to go with the shorter 12 year schedule. RESOLUTION NO. 80 -164 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,500,000 GENERAL OBLIGA- TION PARK IMPROVEMENT BONDS OF 1980 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. 80 -165 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID FOR PLAYGROUND EQUIPMENT 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. 80 -166 Member Tony Kuefler introduced the. following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENTS FOR BIDS FOR FURNISHING AND DELIVERING SIX COMPACT POLICE PATROL SEDANS 7 -21 -80 -17- 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. 80 -167 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) TAILGATE TYPE MATERIAL SPREADER 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. RESOLUTION NO. 80 -168 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF PRINTING OF CITY MANAGER'S NEWSLETTER AND FALL & WINTER RECREATION PROGRAMS 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. 80 -169 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF 6,000 GALLONS #2 HEATING OIL FOR CIVIC CENTER STANDBY HEATING SYSTEM 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. RESOL NO. 80-170 Member Bill Fignar introduced the following resolution and moved its adoption; RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FOP24 FOR CENTRAL PARK ATHLETIC FIELD LIGHTING SYSTEM CONTRACT 1980 -H 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. 7- -21 -80 -18- ii APPROVAL OF FIRE RELIEF ASSOCIATION INVESTMENT There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the Fire Relief Association purchase of $40,000 Southwestern Public Service Company bonds with a coupon rate of 10.90 and a due date of June 1990. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. ORDINANCES The City Manager introduced an ordinance amending Chapter 35 of the City Ordinances regarding accessory off -site parking and joint parking facilities and pointed out that the ordinance was first read on June 23, 1980, published on July 3, 1980 and is presented this evening for a second reading. ORDINANCE NO. 80 -7 Member Tony Kuefler introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING ACCESSORY OFF -SITE PARKING AND JOINT PARKING FACILITIES The motion for the adoption of the foregoing ordinance 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 ordinance was declared duly passed and adopted. The City Manager introduced an ordinance amending Chapter 34 regarding real estate signs and stated that the ordinance was first read on June 23, 1980, published on July 3, 1930 and is presented this evening for a second reading. ORDINANCE NO. 80 -8 Member Bill Fignar introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 34 REGARDING REAL ESTATE SIGNS The motion for the adoption of the foregoing ordinance 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 ordinance was declared duly passed and adopted. DISCUSSION ITEMS REPLACEMENT OF UNIVERSAL EXERCISE MACHINE The City Manager referred Councilmembers to M & C No. 80 -20 regarding the replacement of the Universal weight training machine. He stated that it was originally thought that the existing weight machine could be maintained by rebuilding certain parts. He pointed out that the current piece of equip- ment is not safe in certain aspects and that it is not practical to rebuild it and it is recommended that a new machine be purchased to replace the existing machine. There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to approve the purchase of a Universal exercise machine to replace the existing machine in the Civic Center and to authorize the staff to pre- pare a resolution to transfer funds from the appropriate account to cover the cost of replacement. Voting in Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. 7 -21 -80 -19- I -94 CONSTRUCTION OPERATIONS The Director of Public Works stated that the work on I -94 is under contract and that the contractor has submitted a construction schedule to MN /DOT for the project. He stated that MN /DOT has indicated they need time to review the schedule submitted by the contractor and that they will meet with the City staff to inform them of the details of the schedule after they have had time to review it. He stated that the staff will be meeting with MN /DOT to determine what will be occuring on the project and will report back to the Council on this meeting. The City Manager stated that the present informa- tion is that there will be occasional closures to one lane on 1-94 during off -peak hours. REPORT ON DISCUSSIONS WITH MN /DOT REGARDING T. H. 252 TRAFFIC SIGNALS The Director of Public Works informed the Council that the State has made the City a proposal regarding the erection of traffic signals at 69th Avenue and at 73rd Avenue on T. H. 252. He pointed out that the offer proposes that the State will provide the equipment and the will install and provide roadway improvements at the intersections including special left turn lanes. He noted that the State equipment cost for the signals is $21,000 per intersection with an additional $4,000 engineering cost which comes to a total of $25,000 per intersection. Under the State's offer, he noted, the City will be paying $80,000 for the work at the 69th Avenue signal and $105,000 for the installation costs and roadway improvements at the 73rd Avenue signal. Ne stated that if the City wants to install the signals this year, work on the project would have to begin immediately. He referred Councilmembers to a resolution before them which would authorize the City to enter into an agreement with Short- Elliott- Hendrickson, Inc. for the design of geometric improvements on T. K. 252 at 69th Avenue and 73rd Avenue North. RESOLUTION NO. 80 -171 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR ENGINEERING SERVICES WITH SHORT- ELLIOTT- HENDRICKSON, INC. FOR GEOMETRIC IMPROVEMENTS ON T. H. 252 AT 69TH AVENUE AND 73RD AVENUE NORTH (PROJECT 1980 -08) 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., There was a *_ otion by Councilmember Scott and seconded by Councilmember Lhotka to request MN /DOT to proceed immediately with the development of plans and specifications for the installation of traffic signal systems at 69th Avenue North and 73rd Avenue North at T. H. 252. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. The City Manager stated that he believes it is time to contact the local legislators regarding the City's share of the cost for the traffic signal systems as proposed by MN /DOT. fie stated that the staff would request personal contacts from Councilmembers to the legislators. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to request cost participation in the proposed improvements from Hennepin County, the City of Brooklyn Park and MN /DOT. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. 7 -21 -80 -20- GAMBLING LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve a Class B gambling license for the Citizens Band Serving People (C.B.S.P.). Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unani- mously. There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to waive the $10,000 fidelity bond for Citizens Band Serving People (C.B.S.P.). 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: GAMBLING LICENSE Citizens Band Serving People 7257 Yucca Lane GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE Bautch Disposal Service 10264 Xylite St. N.E. Klein Sanitation 10690 100th Ave. No. Midwest Grease Buyers, Inc. Redwood Falls, MN Waste Control 95 W. Ivy St. ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Jaycee Women 5646 Girard Ave. No. (Softball Tournament) Citizens Band Serving People 4637 Winnetka Ave. No. (Holiday Inn) NONPERISHABLE VENDING MACHINE LICENSE Snacks & Knick Knacks 6838 Humboldt Ave. No. RENTAL DWELLING LICENSE Initial: John S. Tschohl 5352 Emerson Ave. No. Dave Vosick 6731 Ewing Ave. No. Richard Arntson & Gary Schultz 4220 Lakeside Ave. No. G.M.A.E. - N.L.H. 6546 Willow Lane No. Renewal: Dave Bradley 6725 West River Road John Mallinger 7224 West River Road Thomas Howe & Bill Howe 3135 49th Ave. No. Transfer: Mahmud & Mahmud 5843 Fremont Ave. No. 7 -21 -80 -21- SPECIAL FOOD HANDLING ESTABLISHMENT LICENSE TNS, Inc. 6800 Shingle Creek Pkwy. TEMPORARY ON -SALE NONINTOXICATING LIQUOR LICENSE Brooklyn Center Jaycee Women 5646 Girard Ave. No. (Softball Tournament) 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 Scott to adjourn the meeting. Voting in favor: Mavor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. The Brooklyn Center City Council adjourned at 1:00 a.m. lerk Mayor 7 -21 -80 -22-