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HomeMy WebLinkAbout1980 10-06 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 OCTOBER 6, 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 7:02 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning and Inspections Ron Warren, City Attorney Richard Schieffer, and Administrative Assistant Tom Bublitz. INVOCATION The invocation was offered by Pastor Thompson of the Lutheran Church of the Triune God. APPROVAL OF MINUTES - SEPTEMBER 8, 1980, SEPTEMBER 22, 1980 There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the minutes of the City.Council meeting of September 8, 1980 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against.: none, the motion passed unan- imously. There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to approve _the minutes of the City Council meeting of September 22, 1980 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unan- imously. OPEN FORUM Mayor Nyquist noted he had received a request to use the Open Forum session this evening from Mr. Jeffrey H. Smith of 6436 Colfax Avenue North. Mr. Smith addressed the Council and explained he was concerned with the security at the Lynbrook Bowl parking lot. He explained, on September 23, 1980, he had loaned his car to his brother and during the course of the evening, all four of his tires had been flattened while the vehicle was parked in the Lynbrook Bowl parking lot. He noted he talked with Officer Paul Ewald of the ' Brooklyn Center Police Department and that the officer told him he had driven through the lot three times that evening. Mr. Smith stated he was concerned with the security situation at the parking lot and inquired of the Council whether there could be something done about this problem. The City Manager explained, the Lynbrook Bowl has been an area where con - siderable vandalism and theft has occured from cars in the past. He explained, the staff can review past police reports and incidents at the Lynbrook Bowl and report back to the Council and also to Mr. Smith concerning this problem. 10 -6 -80 -1- He also noted, the lighting appears to be a problem in the lot where there is a considerable amount of space poorly lit in the parking lot. The City Manager stated, he would review the past police reports of incidents at the Lynbrook Bowl and prepare information for the Council and for Mr. Smith regarding this problem. Councilmember Lhotka inquired whether the City had , any leverage over this situation in considering the licenses that the Lynbrook Bowl may be holding. The City Manager stated, this can be assessed when the report is made and added he would hope to have it prepared by the last meeting in November or the first meeting in December. Councilmember Fignar inquired how often the police squads patrol the lot and inquired whether this could be stepped up if it is not adequate. The City Manager stated he would check this and report back to the Council. PERFORMANCE BOND RELEASES The City Manager introduced the next agenda item and referred Council members to a memorandum from the City Building Official °recommending the release of.performance bonds on the Creek Villa's townhouses and The Ponds plats 2 and 4. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to approve the performance bond releases for Creek Villa's town- houses located at Wingard Lane and Brooklyn Boulevard, The Ponds plat 2 located at 70th and Unity Avenues, and The Ponds plat 4 located at 7100 Unity Avenue North. 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 accepting bid and approving contract form for traffic control signal system at the intersection of T.H. 252 and 73rd Avenue North (Contract 1980 -0). The Director of Public Works explained the Engineering estimate for the project was $105,000 and the low bid was submitted by C. S. McCrossan, Inc. in the amount of $99,377. The City Manager pointed out the City of Brooklyn Park has not had a Council meeting since the staff first discussed the cast sharing for the signals at 73rd and 252. He explained Brooklyn Park does appear interested in sharing the cost of the signal system and the staff recommends approving the resolution and counting on Brooklyn Park's participation. Councilmember Fignar inquired what Brooklyn Park's share of the project would be. The City Manager explained the contribution from Brooklyn Park would be approximately $48,000 to $50,000. RESOLUTION NO. 80 -230 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM FOR TRAFFIC CONTROL SIGNAL SYSTEM AT INTERSECTION OF T.H. 252 AND 73RD AVENUE NORTH (CONTRACT 1980 -0) 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. 10 -6 -80 -2- RESOLUTION NO. 80 -231 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING RESOLUTION NO. 80 -126 PROVIDING FOR EQUIPMENT RENTAL FOR CENTRAL PARK GRADING PROJECT 1978 -41 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 authorizing execution of change order no. 2 with Bury and Carlson Inc. on Contract 1980 -K (neighborhood park improvements). He explained change order no. 2 provides for the construction of the east -west bicycle /pedestrian trails through Central Park and recommended that this work be accomplished under this contract to assure completion of this trail for the coming winter. Councilmember Lhotka inquired how this project cost compares with the estimate. The City Manager explained the unit cost for this project was 25 to 30o under the Engineering estimate. Councilmember Kuefler concurred with the City Manager that the trail should be completed before winter. RESOLUTION NO. 80 -232 Member Tony Kuefler introduced the following resolution and 'moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF CHANGE ORDER NO. 2 TO CONTRACT 1980 -K (NEIGHBORHOOD PARK IMPROVEMENTS) 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. Mayor Nyquist pointed out that Tom Hagel, the son of Gene Hagel, the Parks and Recreation Director, was present at this evening's meeting and stated that he was pleased to see him in attendance at this evening's meeting. RESOLUTION NO. 80 -233 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT PROJECT NO. 1980 -25 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 authorizing execution of an agree- ment with a consulting engineering firm for preparation of construction plans and specifications for the 67th Avenue North Storm Sewer Extension Project 1980 -24. He explained this project is an extension of the 67th Avenue storm sewer and that a consulting engineer was necessary for the design work in order that the project can begin construction this fall. 10 -6 -80 -3- RESOLUTION NO. 80 -234 Member Tony Kuefler introduced the f llowing resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF N AGREEMENT WITH A CONSULTING ENGINEERING FIRM FOR PREPARATION OF CONSTRUCTION PLANS AND SPECIFICATIONS FOR THE 67TH AVENUE NORTH STORM SEWER EXTENSION 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. The City Manager introduced a resolution approving supplemental agreement no. 3 to Contract 1980 -A and pointed out, supplemental agreement no. 3 provides for a design change in the style of retaining walls to be installed along 53rd Avenue North as well as a change in the amount of retaining wall construction. The Director of Public Works explained, the resolution in the Council's packet indicates a higher cost for the retaining wall than the type originally specified. He pointed out the original type of retaining wall called for in the specifications was not suitable for one particular block of the neighborhood. Overall, he explained, less money will be spent on retaining walls in the project than was originally anticipated since some of the homeowners prefer to have a sloped lawn rather than the retaining wall. RESOLUTION NO. 80 -235 _ Member Tony Kuefler introduced the following resolution and moved its Adoption: RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 3 TO CONTRACT 1980 -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 pertaining to change order and supplemental agreement to Contract 1980 -D (Summit Drive Improvement Project 1980 -02, 03; Irving Avenue Improvement Project 1980 -14). The Director of Public Works explained, change order no. 1 involves the sidewalk next to the pedestrian bridge along Summit Drive and along 59th Avenue at the new bridge. Under the original plan for the bridge, he explained, bituminous paving had been intended to be installed in the ram p areas. However, since the concrete sidewalk adjoins either end of the bridge, it was determined that concrete paving of the ramps would provide a more satisfactory product. Supplemental agreement no. 4, he pointed out, deals with modification`s to the landscaping along the sidewalk on vacated Irving Avenue at Irving Lane in order to effect a better storm water drainage situation at this location. RESOLUTION NO. 80 -236 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION PERTAINING TO CHANGE ORDER AND SUPPLEMENTAL AGREEMENT TO CONTRACT 1980 -D (SUMMIT DRIVE IMPROVEMENT PROJECTS 1980 -02, 03; IRVING AVENUE IMPROVEMENT PROJECT 1980 -14) 10 -6 -80 -4- 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 -237 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION PERTAINING TO CHANGE ORDER TO PAVING CONTRACT 1980 -G (HUMBOLDT AVENUE NORTH AND SHINGLE CREEK PARKWAY) 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 -238 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 1981 BUDGET 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 -239 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION TO AUTHORIZE A TAX LEVY FOR 1981 BUDGET APPROPRIATIONS 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 -240 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION TO CANCEL LEVY PREVIOUSLY CERTIFIED TO THE COUNTY AUDITOR 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 delcared duly passed and adopted. RESOLUTION NO. 80 -241 Member Gene Lhotka introduced the following resolution and moved its adoption: 10 -6 -80 -5- RESOLUTION AUTHORIZING THE PURCHASE OF UNDERGROUND SPRINKLER SYSTEM FOR THE EAST AND WEST FIRE STATIONS 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 -242 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF JOHN LINNER 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. REQUEST FOR MEDIAN OPENINGS ON COUNTY ROAD 10 BETWEEN BROOKLYN BOULEVARD AND XERXES AVENUE, The Director of Public Works reviewed an aerial photo of the area around Brooklyn Boulevard and County Road 10 pointing out that the matter in question is the northeast corner of the intersection. He added, when MN /DOT purchased the right -of -way access to this area, the intent was to restrict access to the site by Northway Drive. The Director of Public Works introduced Mr. Glen VanWormer of Short- Elliott - Hendrickson to review the traffic study conducted by SEH in the area. Mr. VanWormer proceeded to review the study done by SEH for the City and explained the traffic flow on Xerxes, County Road 10, and Brooklyn Boulevard is now good. He explained SEH looked at the traffic volumes generated by the proposed office building on the Dayton - Hudson property and estimated 1,500. trips per day would be generated by the office complex, along with the existing Super Valu and bank traffic. He pointed out there is potential for the u -turn at County Road 10 to provide access to the site but it has no room for traffic storage. He also noted the problem on Xerxes with the left turn option off Xerxes onto Northway. Mr. VanWormer reviewed an alternative rhich would provide a left turn onto Northway Drive directly off County Road 10 via a left -turn lane through the median opening. He explained this would also ease the left -turn traffic off Xerxes onto Northway. Mr. VanWormer proceeded to review the concept proposal to utilize the median and explained the proposal would remove the existing u -turn opening on County Road 10 and would provide a left -turn opening which would provide access to the site and not create additional traffic problems. The City Attorney left the table at 8:05 p.m. Mayor Nyquist inquired when the traffic counts used in this study were taken. Mr. VanWormer informed him the counts were taken in early summer before the ramps were closed off 94. The Director of Public Works stated he did not think the ramp closings would have an effect on traffic in this area. The City Attorney returned at 8:07 p.m. 10 -6 -80 -6- Councilmember Fignar inquired what the stacking capacity would be for the proposed left -turn lanes. Mr. VanWormer stated the capacity would be ten vehicles or approximately 200 to 250 feet. Mayor Nyquist opened the meeting up to the audience for comments on the proposal. Mayor Nyquist recognized Mr. Warren Beck of Gabbert & Beck, the owners of Westbrook Mall, who stated he believes the alternative for median openings on County Road 10 would be beneficial to Westbrook Mall. Mayor` Nyquist recognized Mr. Jeff Anderson representing the developer, who stated he concurs with the staff's proposal and noted, his firm, Dayton- Hudson Ind., is proposing two office towers for this site at the intersection of County Road 10 and Brooklyn Boulevard. Councilmember Fignar inquired what the time line and funding prospects would be for this project. The City Manager explained there was no timetable for the project and the action for the Council tonight would be to approve one of the alternatives and relay this request to Hennepin County so they can approve the project. He added, Hennepin County will probably not see this project as a benefit to their system and it will likely be funded by the developer. He explained the County and the State have been involved in discussions on the proposal and Hennepin County needs local approval before they can proceed with their evaluation of the project. RESOLUTION NO. 80 -243 Member Tony Kuefler introduced the following resolution and moved its adoption:. RESOLUTION REQUESTING THE HENNEPIN COUNTY BOARD -OF COMMISSIONERS TO APPROVE THE DEVELOPMENT OF MEDIAN OPENINGS ON COUNTY ROAD 10 BETWEEN BROOKLYN BOULEVARD AND XERXES AVENUE 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, and Celia Scott; and the following voted against the same: none; and the following abstained: Gene Lhotka, whereupon said resolution was declared duly passed and adopted. Councilmember Lhotka abstained because of employment reasons. PUBLIC HEARING ON CHARTER AMENDMENTS The City Manager referred Council members to the ordinance amending the Brooklyn Center City Charter and requested Mr. Bill Hannay, Chairman of the Charter Commission, to comment on the proposed ordinance. Mr. Hannay noted one correction in the proposed ordinance amendments, that being the addition of the phrase "or the rental thereof" in section 6•.06 of the Charter amendments. He stated the correct sentence should read "every contract for the purchase of supplies, materials, equipment or the rental thereof or the construction, alteration, repair or maintenance of real or personal property shall be in accordance with the uniform municipal contracting'law, MSA section 471.345." Mayor Nyquist opened the meeting for the purpose of a public hearing on the proposed Charter amendments. He inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak. Mayor Nyquist said he would entertain 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 the proposed City Charter amendments. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. 10 -6 -80 -7- There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to offer for first reading an ordinance amending the Brooklyn Center City Charter. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. The City Manager noted, two resolutions one entitled "Resolution Establishing a Policy for the Publication of City Ordinances and Ordinance Amendments" and "Resolution Establishing a City Purchasing Policy" were resolutions proposed in conjunction with the Charter amendments. He added, the resolutions are proposed in lieu of Charter changes. He explained the procedure for these resolutions would be to have the Charter Commission review the resolutions prior to formal consideration of the resolutions by the Council. He noted the Charter Commission will not meet again until January and requested the Council to provide interim approval of the procedures outlined in the resolu- tions prior to their formal adoption. He added, formal adoption for the resolutions will be contingent on Charter Commission concurrence with them. There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to concur with the policies recommended by the resolution establishing a policy for the publication of City ordinances and ordinance amendments and the resolution establishing a City purchasing policy and to operate under these policies on an interim basis with formal adoption of the resolutions contingent on Charter Commission review and approval of them. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:25 p.m. and reconvened at 8:44 p.m. PLANNING COMMISSION ITEMS The City Manager introduced Application No. 80034 submitted by Lee Cook-Sr. for a variance from section 35 -400 of the Zoning Ordinance to allow a 20' by 24' garage to be built 6' from Twin Lake Avenue right -of -way rather than the required 35 The Director of Planning and Inspections presented and reviewed pages 1 through 3 of the September 25, 1980 Planning Commission minutes and also presented and reviewed the Planning Commission information sheet prepared for Application No. 80034. He noted the Planning Commission recommended approval of the application on the basis that the standards for the variance are meta He explained, the required informational notices had been sent to surrounding property owners and the applicant is present at this evening's meeting. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 80034. He inquired if there was anyone present who wished to speak for or against the application. The applicant addressed the Council and stated, the Planning Director's presentation was an accurate reflection of his request. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on Application No. 80034. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve Application No. 80034, a request for a variance from section 35 -400 of the Zoning Ordinance to allow a 20' by 24' garage to be built 6' from Twin Lake Avenue right -of -way on the grounds that the standards for a variance are met. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. - - 10 -6 -80 -8- The City Manager introduced Application No. 80035 submitted by President Homes, requesting a variance from section 34- 130:11 of the Sign Ordinance to allow.two off -site directional signs at the Dale Tile . property and the Murphy Warehouse property designating the temporary location of President Homes' business offices and Application No. 80036 submitted by Federal Lumber requesting a variance from section 34- 130:11 of the Sign Ordinance to allow an off -site directional sign on the Cook Paint property indicating continued existance of the business at 4810 North Lilac Drive. The Director of Planning and Inspections pointed out both applications had been considered concurrently by the Planning Commission and that it would be appropriate for the Council to do likewise. He also presented pages 3 through 6 of the September 25, 1980 Planning Commission minutes pertaining to Applications No. 80035 and 80036 and also reviewed and presented the Planning Commission information sheets on Applications No. 80035 and 80036. He stated the Planning Commission recommended approval of Applications No. 80035 and 80036 subject to certain conditions which he reviewed for Council members. He explained, notices have been sent to surrounding property owners and repre- sentatives of both applicants are present this evening. Councilmember Fignar inquired whether it was correct to assume that no permission was given to put up the present signs on the highway right -of -way. The Director of Planning and Inspections stated that no permission was given for the current signs placed on the Highway 100 right -of -way. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Applications No. 80035 and 80036. He inquired if there was anyone present who wished to speak either against or for the applications. No one appeared to speak. There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to close the public hearing on Planning Commission Applications No. 80035 and 80036. 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 Application No. 80035, a request for a variance from section 34- 130:11 of the Sign Ordinance to allow an off -site directional sign on the Dale Tile property not greater- than 16 square feet in area and until not later than December 31, 1980 with no extensions to be considered, on the grounds that the standards for a variance are met in that the fire was a unique situation causing an undue hardship for a temporary period of time. 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 Lhotka to approve Application No. 80036, a request for a variance from section 34- 130:11 of the Sign Ordinance to allow an off -site directional sign on the Cook Paint property not greater than 16 square feet in area and until not later_ than December 31, 1980 with no extensions on the grounds that the standards for a variance are met in that the fire was a unique situation cuasing an undue hardship for a temporary period of time. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. 10 -6 -80 -9- Mr. Lubov of President Homes addressed the Council and thanked the Planning Commission and the City Council for help with his signs and added that the signs will be in place tomorrow morning. The City Manager introduced Application No. 80037 submitted by Zulfikar Walji for a home occupation special use permit to conduct a photography studio in the basement of the home at 4918 63rd Avenue North. The Director of Planning and Inspections presented and reviewed pages 6 through 8 of the September 25,.1980 Planning Commission minutes regarding application No. 80037 and also presented and reviewed for Council members the Planning Commission information sheet prepared for Application No. 80037. He also stated, the Planning Commission had received a letter from Bertha Storts of 4912 63rd Avenue North objecting to the special use permit for Mr. Walji's home occupation. The Director of Planning and Inspections stated, the Planning Commission recommended approval of Application No. 80037 with certain conditions which he reviewed for Council members: He added, the required notices had been sent to surrounding property owners and the applicant is present at this evening's meeting. Councilmember Lhotka inquired whether the exit signs should be as an eleventh condition to the Planning Commission conditions for approval. The Director of Planning and Inspections agreed that the exit signs should be added as an eleventh condition to the Planning Commission conditions. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application -No. 80037. He inquired whether there was anyone present who wished to speak either against or for - the application. Mayor Nyquist recognized Mrs. Bertha Storts of 4912 63rd Avenue North who stated that some of Mr. Walji's clients had turned in her driveway to turn around and added, some of Mr. Walji's customers were parking on the street. The Director of Planning and Inspections pointed out, one factor in the definition of home occupation is the parking. He stated parking is required by ordinance for no more than two vehicles and that the ordinance does not require more than this. However, he noted, the Planning Commission has stated, all parking must be off street and it has been a Planning Commission policy to attempt to require all parking be off street. Councilmember Kuefler inquired how many occupants were living in Mr. Walji's home at the present time. Mr. Walji stated, seven individuals were living in his home at the present time, four adults and three children with two cars for the household. Councilmember Kuefler stated, it was his assumption that the Council can review special use permits if problems occur with compliance to the conditions of the permit. The Director of Planning and Inspections replied this was correct and that the staff also reviews special use permits administratively at least once a year. Mayor Nyquist recognized Marjorie VanSlyke who stated she was the holder of a special use permit for a photo studio similar to the type of permit Mr_. Walji is requesting. She pointed out, to her knowledge, there have been no problems in her neighborhood related to her special use permit for her photo studio. Mayor Nyquist inquired if.there was anyone else who wished to speak on the application. No one appeared to speak 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 Planning Commission Application No. 80037. Voting in favor: Mayor Nyquist, Council - members Kuefler, Fignar, Lhotka, and.Sc.ott; voting against: none, the 'motion passed unanimously. 10 -6 -80 -10- There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to approve Application No. 80037, a request for a home special use permit to conduct a photography studio in the basement of the residence of 4918 63rd Avenue North 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 regu- lations and violation thereof shall be grounds for revocation. 3. The hours of .operation shall be 12 p.m. to 8 p.m. Tuesday through Saturday. 4. The operation of the special use shall be on appointment only basis and not require more than two parking spaces at one time. 5. All parking associated with the home occupation shall be off street on space provided by the applicant. 6. The stairway leading to the basement area shall be.kept free of all obstructions to provide safe public access and egress and contain a smoke detector. 7. the applicant shall provide a wall mounted chemical type fire extinguisher as approved by the .Fire Chief in the immediate area of the studio. 8. The laundry room shall be separated from the photography studio by a partitian approved by the Building Official. 9. The basement area being utilized for sleeping purposes shall be modified to provide the proper means of egress. 10. Approval of the special use permit is exclusive of any signery which is subject to the requirements of Chapter 34 regarding home occupa- tions. A permit for the sign must be obtained from the Building Official prior to erection of the sign. 11. An exit sign shall be posted indicating the egress from the studio to the outside via the stairway. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. The City Manager introduced Application No. 80022 submitted by Korsunsky- Krank- Erickson /Commercial Partners requesting site and building plan approval of a shopping center /theater /restaurant complex on land east of Shingle Creek Parkway north of Brookdale Ford; Application No. 80023 submitted by Korsunsky- Krank- Erickson /Commercial. Partners requesting special use permit to build and operate a theater within the complex envisioned in Application No. 80022; and Application No. 80021 submited by Merila- Hansen /Commercial Partners for preliminary plat approval for a subdivision including Brookdale Ford and the Brookdale Square complex. He explained Applications No. 80022 and 80023 could be considered concurrently and that Application No. 80021 could be considered separate from the other two applications. The Director of Planning and Inspections reviewed Application No. 80022 and pointed out the applicant had been before the Council at two previous meetings and the application was tabled at the September 8, 1980 meeting to develop the restaurant and banquet facilities portion of the 10 -6 -83 -11- proposal. At the September 25, 1980 Planning Commission meeting, he pointed out, the applicants submitted a revised site plan showing a 250 seat restaurant in conjunction with a 250 seat banquet facility. He pointed out, the Planning Commission stated the parking formula for the eating and drinking establishments should be applied uniformly., He stated further, the applicant comprehends •8,100 square feet for the restaurant at the southwest tip of the site. He added, the applicant has submitted a proof of parking plan meeting the ordinance requirements for the site and the proposed operator for this site is the Trapper & Trader group. The Director of Planning and Inspections pointed out that the Planning Commission noted in its review of the plan that the landscaping plan in the restaurant area was deficient and should be amended. He added, the Planning Commission recommended a modification'of the landscape plan. In response to the Planning Commission's request, he noted, the applicant submitted a revised landscape plan according to the recommendations of the Planning Commission. He added, the Planning Commission recommended the access agreements to the Brookdale Ford area should be modified to include the proof of parking area should all parking in the proof of parking area on the project be required. Explaining further, he stated, generally the Planning Commission and staff are looking for an access agreement which would be in existance even if Brookdale Ford no longer was in business. He explained, the site plan comprehends roadway improvements and that these are typically made part of the subdivision agreement and suggested that this. fact should be a condition of the plat approval. In summary, he stated, the site plan adequately reflects the direction of the City Council as to the restaurant and parking for the project. The Director of Planning and Inspections proceeded to review the Planning Conunission's conditions for approval for Application No. 80022 pointing out that item no. 10 on the Planning Commission conditions covering the landscaping plan have been met by the applicant. He stated he would like to point out one other plat require- ment, that being the final plat should reflect totally the site plan as it has been presented. Mayor Nyquist inquired whether the Council can assume the restaurant will indeed be constructed. The City Attorney stated, with site and building plan approval the Council does not have much leverage to assure development of the restaurant. He explained, the only means of assuring the construction of the restaurant lies with the approval of the financing of the project by the Council. He stated, the City Council could withhold final approval of the financing for the project until they are assured the restaurant will be constructed. Mr. Allen Gustafson of Commercial Partners addressed the Council and stated that it is indeed his intention to build the restaurant in consort with the entire project. The City Attorney stated, assuming Commercial Partners uses interim financing to construct the project, they can then buy it out with the industrial revenue bonds and the Council could withhold approval of the bonds until they are assured the restaurant will be built. He added, there has been one court case in Minnesota where preliminary approval has been revoked on a project that was not built according to the original intent. He explained, financing is independent of site and building plan approval but it can be included in,the conditions for site and building plan approval for the record. Mayor Nyquist stated lie concurs with the City Attorney's comments. The City Attorney stated lie would work out the language of the condition with the Clerk. 10 -6 -80 -12- Councilmember Lhotka inquired whether the traffic signal on Shingle Creek Parkway, should it be required in the future, be tied to the approval of the project. The Director of Planning and Inspections stated this could be comprehended by the subdivision agreement which would assess the cost to the applicant. Councilmember Kuefler inquired whether condition no. 14 in the Planning Commission conditions regarding the access to Brookdale Ford is adequate. The Director of Planning and Inspections stated, it is important to assure the easement goes with the property and not merely with the business now occupying the Brookdale Ford site. Mr. Gustafson of Commercial Partners stated he has had discussions with Brookdale Ford and that he can assure the Council the easement will go with the property. The City Attorney suggested an addition to condition no. 14 stating that the easement should go with the land. The Director of Planning and Inspections reviewed Application No. 80023 noting that the Planning Commission reviewed the standards for a special use permit and recommended approval of Application No. 80023 with three conditions which he reviewed for Council members. The applicant was then invited to show the elevations of the project to Council members which they proceeded to review. The Director of Planning and Inspections stated Application No. 80021 was reviewed by the Planning Commission at its August 28, 1980 meeting and it comprehends the area indicated on the site plan for the project and also the Brookdale Ford area since Brookdale Ford is required to replat the site into one complete parcel. He explained the site also includes the Shingle Creek green strip area on the west of Shingle Creek Parkway. He pointed out the Planning Commission recommended approval of ApplicaLion No. 80021 subject to six conditions which he reviewed for Council.. members. The Director of Planning and Inspections recommended adding a stipulation to point number two of the Planning Commission conditions to include execution of a sub - division agreement to state the applicant will bear the cost of roadway improvements on Shingle Creek Parkway. He pointed out a public hearing is required for the special use permit and also for preliminary plat approval. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 80023 and 80021. Mayor Nyquist recognized representative from Brookdale Ford who stated he was interested in the access situation and that Brookdale Ford will meet with the applicant to work this situation out. Mayor Nyquist inquired if there was anyone else who wished to speak to Application No. 80023 or 80021. No one appeared to speak. There was a motion by Councilmember Fignar and seconded by Councilmember Scott to close the public hearing on Application No. 80023 and 80021. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. The City Attorney inquired whether the right -of -way owned by the City for old Penn Avenue is part of the land being platted. The Director of Public Works stated this area is owned by the City and it lies along the easterly edge of the site. He pointed out, in the past, in 1955, the City acquired easements for the development of Penn Avenue through this area by two quit claim deeds. In 1978, he pointed out, the City adopted an ordinance vacating Penn Avenue but the property remains in the ownership of the City. He noted the site plan contemplates use of this lard and if it is not acquired it would affect the development of the site. Councilmember Kuefler inquired whether 10 -G -80 -13- the applicant has negotiated the sale of this land with the City. The City Manager stated that no negotiations have taken place but a value on the parcel has been established by the Assessor based on comparable sales. He pointed out this strip of land was discovered in the abstract search and that the City Charter requires certain procedures to dispose of land by the City. He stated further, the applicant is buying the land from the Charlson Research Foundation and this was discovered in the abstract search for the Charlson property. The City Attorney stated the requirement of the applicant to purchase this portion of the site should be made part of the preliminary approval of the plat. Mayor Nyquist inquired what the Council's wishes were regarding Applications No. 80022 and 80023. There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to approve Application No. 80022, site and building plan approval for a shopping center. /theater /restaurant complex on the land east of Shingle Creek Parkway and north of Brockdale Ford subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official prior to the issuance of permits. 2. Grading, drainage, utility and berming permits 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 submitted prior to the issuance of permits. _ 4. B512 curb and gutter shall be provided around all parking and driving areas. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. All 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. 7. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 8. Any outside trash disposal facilities or rooftop mechanical equipment shall be appropriately screened from view. 9. The final plat shall be approved by the City Council and filed with the County prior to the issuance of building permits, in accordance with section 15 -111 of the Subdivision Ordinance. 10. Plan approval acknowledges four -way stopsigns at the intersection of the main entrance drive and the driving lane immediately south of the shopping center and a stopsign for exiting traffic on the driving lane shared by Northwestern Bell at its intersection with the main entrance /exit drive. 11. The applicant shall enter into a standard utility maintenance agree- ment with the City prior to the issuance of permits. 10 -6 -80 -14- 12. The final form of the access to Brookdale Ford and Northwestern Bell is subject to-- negotiation between the property owners and approval by the City Engineer. 13. The driveway easement providing access across the site for Brookdale Ford shall be an appertainent easement and shall encompass both the area to be installed as well as the area.comprehended by the proof of parking and shall be filed at-the County with the final plat for this property. 14. This proposal is conditioned upon the construction of the project in accordance with the approved plans and the Council will consider any major deviation from the approved plans to be grounds for revocation of preliminary approval of industrial revenue bond financing. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott; voting against: Councilmember Lhotka, the motion passed. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve Application No. 80023, special use permit approval for a 2,045 seat theater on the land located east of Shingle Creek Parkway and north of Brookdale Ford, subject to the following conditions: 1. The special use permit is issued to United Artists.as operator of the facility and is nontransferable. 2. The permit is subject to all applicable codes, ordinances and regula- tions and any violation .thereof shall.be grounds for revocation. 3. Site plan approval for the theater building is comprehended under approval of Planning Commission Application No. 80022 and the applicant is responsible for compliance with all applicable conditions and restrictions of that application. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott; voting against: Councilmember Lhotka, the motion passed. In discussion of Application No. 80021, the City Manager suggested adding the stipulation that the applicant acquire all property comprehended by the site plan including the City owned property crossing the easterly side of the Charlson site. The Director of Planning and Inspections suggested adding the stipulation to the approval acknowledging that the applicant will bear the cost of roadway improvements associated with the development of the site. There was a general consensus agreement of Council members to accept the recommendations of the City Manager and the Director of Planning and Inspections. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to approve Application No. 80021, preliminary plat approval for a subdivision of the property containing Brookdale Ford and the Brookdale Square shopping center complex and the Shingle Creek Parkway, subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The plat is subject to the requirements of Chapter 15 of the City Ordinances including the execution of a subdivision agreement whereby the applicant acknowledges that the cost of roadway improvements on Shingle Creek Parkway associated with the development of the site shall be borne by the applicant. 10 -6 -80 -15- 3. Driveway easements providing access across the site for the Brook dale Ford and Northwestern Bell are subject to the agreement of the respective property owners; shall be subject to review and approval of the City Attorney prior to the approval of the final plat; and shall be filed at the County with the final plat for this property. 4. The proposed plat shall, in all respects, conform to the conditions established with the -approved site plan under Application No. 80022 and the applicant shall be required to acquire all property compre- hended by the site plan under Application No. 80022. 5. The City Council shall determine the criteria which shall be used in determining the date on which signals shall be installed; when these criteria have been met, the owner of the real estate, its successors and assigns shall install, under the direction'of the City, the neces- sary traffic signals and shall pay all the costs thereof. The details shall be set forth in the subdivision agreements and appropriate financial guarantees supplied. 6. The applicant shall provide an easement for water main to be filed as a separate document with the plat. In discussion of the motion, the City Manager stated, the Council must provide the criteria for determining when traffic signals should be installed. Council- member Lhotka stated, in his experience, the cost of traffic signals related to the project, such as the Brookdale Square Shopping Center complex, are typically assessed to the developer. The City Manager stated, it would be the Council's determination as to when the signals would be required. The Director of Public works pointed out the Council can set the general terms regarding the installation of a traffic signal at this point and that a formal agreement will be presented at the time the final plat is presented. Mayor Nyquist called for a vote on the motion on the floor. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott; voting against: Councilmember Lhotka, the motion passed. ORDINANCES The City Manager introduced an ordinance authorizing the conveyance of real estate from the City of Brooklyn Center to Brandvold Construction Inc. and pointed out, at the time the Council approved the preliminary and final plat of the Jody Addition, the Council also informally agreed to the sale of this property in exchange for the developer agreeing to pay for the costs of platting all the City owned property. He added, the City Charter requires adoption of an ordinance to approve the sale of any City owned property and that the ordinance is recommended for a first reading. There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to offer for first reading an ordinance authorizing the conveyance of real estate from the City of Brooklyn Center to Brandvold Construction Inc. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. RESOLUTION NO. 80 -244 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING CONDITIONS FOR CONVEYANCE OF REAL ESTATE FROM THE CITY OF BROOKLYN CENTER TO BRANDVOLD CONSTRUCTION, INC. 10 -6 -80 -16- 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, Tonv Ruefler, 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 an ordinance authorizing the conveyance of real estate from the City of Brooklyn Center-to Charlson Research Foundation and stated, Ordinance No. 78 -8 adopted on May 8, 1978 vacated that portion of Penn Avenue which crossed the easterly side of the Charlson (Commercial Partners) property. However, he added, the City has a remaining fee title interest in this property because of a quit claim deed from Oscar A. Smith and Clara M. Smith to the City, dated January 6, 1955. Again, he pointed out, the City Charter requires adoption of an ordinance to approve the sale of any City owned property and added, the ordinance is recommended.for a first reading after a decision is made regarding monetary consideration for this parcel. Mayor Nyquist stated, the apparent matter in question is the price to be paid for the parcel. The City Manager stated that this was the decision before the Council and that generally, the Council has the authority to buy and sell land. Councilmember Scott inquired what the City originally paid for the parcel. The City Manager stated the City paid $1 for the parcel since the seller wanted the public road in the area. There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to approve a resolution establishing conditions for conveyance of real estate from the City of Brooklyn Center to Charlson Research Foundation. In discussion of the resolution, Mayor Nyquist recognized Mr. Tom Berry, representing the Charlson Research Foundation. Mr. Berry stated, the Charlson Research Foundation has submitted a redrafted quit claim deed for the property and that there appears to be a problem with the legal description in that 1,000 square feet of the green strip may possibly not belong to the City of Brooklyn Center. He pointed out, in April of 1968, Mr. Charlson contributed 3.8 acres of his property for right -of -way for Shingle'Creek Parkway. He added, in March of 1978, it was Mr. Charlson's understanding that the City would convey the property to him when the City vacated the street_ He pointed out, in view of the past contribution of the 3.8 acres, the Charlson Research Foundation is requesting the City return.the parcel of land related to the vacation of Penn Avenue for a nominal contribution. Councilmember Kuefler inquired whether the roadway dedication on Shingle Creek Parkway was deeded to the City. Mr. Berry stated, on April 12, 1968 records show a quit claim deed for the 3.8 acres of land along Shingle Creek Parkway. Essentially, the Director of Public Works stated, there are two steps required for the conveyance of this land, one being the resolution and the other being the ordinance. The City Attorney stated, the resolution should precede other actions by the Council. The Director of Public Works suggested the Council could offer a first reading of the ordinance tonight then research further the stipulations in the resolution and pass the resolution later. The City Attorney suggested, if a first reading of the ordinance is offered this evening, he would suggest striking the fourth and sixth sentences beginning with whereas.in the ordinance and reword the last portion in the ordinance to state the Mayor and City Manager are hereby authorized to execute a quit claim deed for said conveyance after all terms of the sale have been negotiated. The City Manager stated, the first reading of the ordinance can be offered this evening and the ordinance will be published when the wording changes are clarified by the City Attorney. 10 -6 -80 -17 The motioner withdrew his motion recommending approval of a resolution establishing conditions for conveyance of real estate from the City of Brooklyn Center to the Charlson Research Foundation and the seconder with- drew the second of that motion. There was a motion by Councilmember Fignar and seconded by Councilmember Scott to offer for first reading an ordinance authorizing the conveyance of real estate from the City of Brooklyn Center to Charlson Research Founda- tion as amended by the City Attorney's recommendations for revisions of the ordinance. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. DISCUSSION ITEMS INFILTRATION AND INFILL OF SURVEY SANITARY SEWER SYSTEM The City Manager stated, it is anticipated the City will. receive an offer from the Metro Waste Control Commission to apply for a 90% State and Federal funded I & I study. The City Manager explained the study would show leaks in the sanitary sewer system and how much clear water is getting into the system. He pointed out this is important because the addition of the clear water to the system would add to the cost of treatment since the City is paying for treatment by the gallon. The Director of Public Works described the pro- cedures of the I & I study outlining step one which would be a determination of whether any problems exist, step two which would determine if corrective measures are required and whether they are economical, and step three which would be the implimentation of the corrective measures. He added, steps one to two would take approximately four to six years to complete. Step one, he noted, would cost approximately $70,000 to $75,000 of which 10% would be the local share paid by the City under the grant. Mayor Nyquist informally polled Council members and stated it is the general Council consensus to look into the study further. MN /DOT PROPOSAL FOR A TEMPORARY CONNECTION RAMP The City Manager introduced the next discussion item which was a MN /DOT proposal to build a temporary connection ramp between Freeway Boulevard and I -94 westerly of Shingle Creek (opposite Schmitt Music Co.). He pointed out, with the opening of the westbound I -94 exit ramp to Shingle Creek Parkway, a serious conflict point has been developed at the point where the entrance ramp from Humboldt Avenue to westbound I -94 crosses this new ramp. He added, in order to eliminate this new conflict, MN /DOT proposes to detour south- bound Humboldt Avenue traffic west along Freeway Boulevard to a point west of Shingle Creek where a connection can be made to the new ramp and accel- eration lane which has already been built. He added, under the current situation it is almost impossible for traffic to get onto I -94 and MN /DOT's recommendation is to close the ramp and carry traffic past Shingle Creek to Freeway Boulevard. The City Manager added, the detour and addition of the new ramp will be made at no cost to the City. RESOLUTION NO. 80 -245 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING MN /DOT PROPOSAL TO BUILD TEMPORARY CONNECTING RAMP 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 10 -6 -80 -18- 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 requesting establishment of speed limits on specified City streets and pointed out the Commissioner of Highways has the final authority on all streets with regard to the setting of speed limits. Because of the I -94 construction and detours along Shingle Creek Parkway, the staff is recommending that the Commissioner investigate the traffic speeds along various portions of Shingle Creek Parkway and Summit Drive in order to establish reasonable and safe speed limits on these streets. RESOLUTION NO. 80 -246 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION REQUESTING ESTABLISHMENT OF SPEED LIMIT ON SPECIFIED CITY STREETS 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.. MUNICIPAL REFUSE SERVICE CONTRACTS The City Manager stated, this item is a follow -up to a preliminary report which was submitted to the Council in March of this year and pointed out the major concerns of the staff with regard to the City contracting for refuse pick -up lie with the increase in fuel costs and landfill costs for refuse service and also the implications of the State Waste Management Act passed by the 1980 legislature. He added, because of these concerns, the staff is recommending the Council table consideration of the issue of contracting for municipal refuse service until July of 1982. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to concur with the staff's recommendations regarding contracting for municipal refuse service and to table consideration of the issue until July of 1982. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. PURCHASE OF PHOTO LAB COLOR ANALYZER FOR POLICE DEPARTMENT The City Manager pointed out, repair of the current color analyzer in the Police Department does not appear to be economical since the piece of equip- ment is already experienced several breakdowns and has required considerable repair and will likely require considerable more repair in the future. RESOLUTION NO. 80 -247 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1980 GENERAL FUND BUDGET 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. 10 -6 -80 -19- GAMBLING LICENSE - CROSS OF GLORY LUTHERAN CHURCH There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to approve a Class A gambling license for the Cross of Glory Lutheran Church. 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 Lhotka to waive the $10,000 fidelity bond for the Cross of Glory Lutheran Church. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve the following list of licenses: FOOD ESTABLISHMENT LICENSE Brutger Company Box 399, St. Cloud Thrifty Scot Motel 6445 James Circle GAMBLING LICENSE Cross of Glory Lutheran Church 5940 Ewing Ave. No. SIGN HANGER'S LICENSE Mastercraft Sign Company 10870 Highway 152 Scenic Sign Corporation Box 881, St. Cloud Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed unanimously. A DJOURNMENT There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka 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 11:27 p.m. Mayor J Cl'rk 10 -6 -80 -20-