Loading...
HomeMy WebLinkAbout1979 09-24 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 SEPTEMBER 24, 1979 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 was City Manager Gerald Splinter, City Attorney Richard Schieffer, Director of Planning and Inspection Ron Warren, Director of Public Works r s S Knapp, pp, Director of Finance Paul Holmlund, Superintendent of Engineering James Noska, Engineering Aide Tim Bezdek, and Administrative Assistants Brad Hoffman and Tom Bublitz. - INVOCATION The invocation was offered by Councilmember Gene Lhotka. APPROVAL OF MINUTES - SEPTEMBER 10, 1979 There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve the minutes of the City Council meeting of September 10, 1979 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting 'against. none. The motion passed. Councilmember Kuefler abstained from voting as he was not present at that.meeting. OPEN FORUM Mayor Nyquist opened the meeting for the purpose of the Open Forum session. Mayor Nyquist noted that he had received a petition from Mr. Forrest.Castle of.6221 Shingle Creek .Parkway. He noted that the petition was a request for a pedestrian,-sidewalk along John Martin Drive and had been signed by residents of the Shingle Creek Towers. He also noted that the request for a pedestrian sidewalk along John Martin Drive included the overpass over Highway 100 and along the 57th Avenue entrance. The City Manager indicated that this road is fully developed and that there are no plans for a sidewalk along John Martin Drive. He indicated further that as a safety measure,' access to the Northbrook Shopping Center along this route should not be encouraged. He also noted that a pedestrian walkway is planned along Summit Avenue and that a report on this walkway would be prepared for the City Council within the next two meetings. Councilmember Fignar expressed the concern that sidewalks have not received a high priority and that in this instance a sidewalk to the K -Mart and Perkins area seems practical. The City Manager concurred with Councilmember Fignar but noted that the walkway should not extend across the Highway'100 overpass. Mayor Nyquist inquired if there was anyone else present who wished to address the Council as part of the Open Forum; there being none, the Mayor proceeded with the rest of the meeting. SUBDIVISION BOND RELEASE The City Manager indicated that the subdivision bond on Irving Estates had not yet been paid and could not at this time be released. PARK AND RECREATION COMMISSION APPOINTMENT Mayor Nyquist introduced Mr. Bud Sorenson to the Council members and indicated that he is a person willing to serve on the Park and Recreation Commission as a representa 9 -24 -79 -1- tive from the northwest area of the City. He noted that Mr. Sorenson had been inter- viewed -and recommended by Councilmember_Zuefler and Mr. Gerald Johnson, the Park and Recreatio n Commission Chairman to serve a term on the Park and Recreation Commission Co , e which would extend through December, 1981. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve the appointment of Mr. Bud Sorenson to the Park and Recreation Commission for a term to extend through December, 1981. Voting in favor: Mayor Nyquist, Council members Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. RESOLUTIONS The City Manager introduced a resolution accepting bids and approving a contract form for Contract 1979 -G, which includes street construction in the Ponds, Plat VIII, paving of James Circle, and bituminous sidewalk on 69th Avenue North. He noted that only one bid had been received on this project. The Director of Public Works referred the Council members to the 'resolution and noted that in Projects No. 1978-27E, 1979 -8 and 1979 -9 the engineering estimates were exceeded by the actual bid amounts. He noted that in 1978 -27E and 1979 -8 these projects can be covered by assessments. The Director of Public Works indicated that Project No. 1979 -9 is a City project. He stated that two resolutions had been prepared, one which would accept the bids on Projects 1978 -27E and 1979 -8 and would allow the negotiation of a separate contract for 1979 -9, and the 'second resolution which would award the entire contract. The City Manager noted the occurrence of a pedestrian accident on 69th, approximately two houses from Lyndale Avenue.- He indicated that the accident involved an individual receiving a broken leg and that this part of the project, from Bryant to Dupont, is a critical piece and that the entire project is very important. The Director of Public Works stated that we have the option to consider each section of the project separately in terms of the bid received. RESOLUTION NO. 79 -210 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (BITUMINOUS PAVING CONTRACT 1979 -G) , The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereong, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution accepting bids and approving contract form for the purchase of fill material for Central Park, and indicated that only one bid had been received. Councilmember Fignar stated that it was his understanding that fill material from the Minneapolis freeway site was being dumped at the Industrial Park site free of charge. The City Manager indicated that the fill material could be free but that the trucking charges were probably not. He stated that he would investigate this matter to determine if this indeed was the case. RESOLUTION NO 79 -211 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID FOR FURNISHING AND DELIVERY OF GRANULAR AND COMMON BORROW MATERIALS FOR CENTRAL PARK GRADING PROJECT NO. 1978 -41 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 9 -24 -79 -2- 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 truck rental for the Central Park Grading Project 1978 -41 and indicated that the use of the trucks will be subject to their availability from the contractor. Council Lhotka asked where the various soils were being moved to. - The Director of Public Works stated that the remaining piles on the Central Park site would be moved around on the site and that most of the soil would be used to build the sliding hill. The City Manager indicated that the - peat was piled as the creek was dredged and the good soil'was taken for the softball ' fields and trails_ He stated that the peat will be used for the construction of the sliding hill. Councilmember Lhotka suggested the possibility of using scrapers on the project. The Director of Public Works noted that in this instance trucks would probably be more efficient and less costly. RESOLUTION NO. 79 -212 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE RENTAL OF TANDEM TRUCKS FOR HAULING OF MATERIALS IN CONJUNCTION WITH CENTRAL PARK SITE GRADING PROJECT NO. 1978 -41 The motion for the adoption of the foregoing resolution was duly seconded by member Bill on Fignar, and u vote being "taken thereon, the following voted in g P g 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. 79 -213 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CONSENTING TO CONVEYANCE OF A MORTGAGE DEED BY INDEPENDENCE TEN TO CANADA LIFE ASSURANCE COMPANY 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. 79 -214 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FURNISHING AND DELIVERY OF COLD WATER METERS 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. 79 -215 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE SCHEDULE OF RATES AND FEES FOR THE USE OF AND CONNECTION TO THE SANITARY SEWER SYSTEM OF THE CITY OF BROOKLYN' CENTER 9 -24 -79 -3- 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, wherepon said resolution was declared duly passed and adopted. RESOLUTION NO. 79 -216 Member Celia Scott introduced the following resolution and moved its adoption RESOLUTION AUTHORIZING JOINT AND COOPERATIVE AGREEMENT FOR NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION AND DESIGNATING DIRECTORS THEREFOR 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. 79 -217 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES, SECTION 474.01, SUED. 7b 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 authorizing application for Law Enforce - ment Assistance Administration funding which would provide funding for a communications' consolidation feasibility study for the Cities of Brooklyn Center, Cystal, Robbinsdale, Golden Valley and New Hope. He pointed out that the application was for a technical study and that the City of Brooklyn Center is not committed to any communications consolidation by this study. RESOLUTION NO. 79 -218 Member Celia Scott introduced the following resolution and moved its adoption RESOLUTION AUTHORIZING APPLICATION FOR L.E.A.A. FUNDING 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 amending the 1979 general fund budget to .provide funds for the acquisition of one data processing interactive terminal. He indicated that a rented terminal was not available and that the terminal to be purchased by the City will eventually be bought by LOGIS. RESOLUTION NO. 79 -219 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1979 GENERAL FUND BUDGET TO PROVIDE FUNDS FOR THE ACQUISITION OF ONE DATA PROCESSING INTERACTIVE TERMINAL 9 -24 -79 -4- 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 authorizing the purchase of sliding glass doors for the pool area. He pointed out that the existing windows are now leaking and it is difficult to see out because of the whitewash accumulated on the windows. RESOLUTION NO. 79 -220 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF SLIDING GLASS DOORS FOR POOL AREA The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.- The City Manager introduced a resolution denying the request of Howe, Inc. for an explosive permit. The City Manager pointed out that the staff had reviewed the alternative use, by Howe, Inc., of Kinestik and after review of this type of explosive the staff has recommended denial of the explosive permit for Howe, Inc. Councilmember Kuefler requested an explanation of the fifth paragraph in the resolution. The City Manager explained that this paragraph was included to draw attention to the fact that explosives are used on the Howe site where other chemicals are stored. Mr. James Russell, the attorney representing Howe, Inc., stated that the notice of the resolution came to his attention only this morning. He indicated that a letter sent to Howe, Inc. from the City Manager, in July, implied that Howe, Inc. could use Kinestik until the completion of the phase out, and as a result the bins are full, and the October 31, 1979 deadline stated in the resolution will not be able to be met. He stated further that the preamble of the resolution, in his opinion, does not coincide with the rest of the resolution. He indicated that the state and federal authorities do not prohibit the use of explosives as used by Howe, Inc. He posed a question regarding what was considered unsafe in the City's view and asked what the actual hazard was, questioning whether or not it was merely explosives in the abstract sense. Mr. Russell stated that Howe, Inc. must oppose this action because the buildings cannot be used properly without the use of explosives, and this action constitutes the taking of property which is unconsti- tutional. Councilmember Kuefler asked what letter Mr. Russell had been referring to. Mr. Russell indicated that it was a letter from the City Manager dated July 20, 1979. , Mr. Russell then read the letter to the Council. The City Manager stated that it was the staff's recommendation to phase out Howe, Inc., and to allow the continu- ing use of explosives would be inconsistent with this recommendation., Councilmember Kuefler then asked when the bins would be emptied. - Tom Howe stated that the fertilizer is taken out in the spring to be used by farmers and that usually by the end of May or first of June of each year the bins would be empty. He also noted that the use of explosives is a safety procedure for employees and has been employed for 20 years without mishap. He added that state and federal authorities have no objection to this procedure. Councilmember Kuefler responded and stated that, if we take the full bins into account and allow them to be emptied in May or June, what effect would this have on the phase out. The City Manager stated that this would be consistent with the phase out. The City Attorney stated that the use of explosives 9 -24 -79 -5- A s part of the manufacturing process and he was not aware that the bins were now <full and feels that an extension in this instance is not inconsistent with the phase out. Tom Howe stated there are a number f o bins an of 'various, o ar'o i i us- kinds of products, and that each goes out at a different date and by the end of June they should all be.empty. The City Manager suggested that the resolution can be revised using the end of June as a final date.. RESOLUTION NO. 79-221 I Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION DENYING THE REQUEST OF HOWE, INC. FOR AN EXPLOSIVE PERMIT 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 Attorney noted that all items in the sixth paragraph of the resolution are true based on information provided to the staff. He indicated that the information in this paragraph is not related to the storage of Kinestik but rather it is related to past occurrences. He noted that there were three - violations of the permit to store dynamite at the Howe site at the time of the fire in January, 1979. Mr. Russell stated that it is not accurate to say that there is criminal intent to violate the regulations regarding the storage of explosives and he indicated that state rules were met and that only in a technical way were they violated. He_ stated that the of their explosives provided no information on new federal regulations which were passed in 1976. Mr. Russell stated that you have to look at the entire record, and that.between 1946 and 1979, there were no incidents at the Howe site. ORDINANCE NO. 79 -14 Member Tony Kuefler introduced the following ordinance and moved its adoption: AN ORDINANCE REQUIRING THE ABATEMENT AND DISCONTINUANCE OF THE MANUFACTURE OF CHEMICAL FERTILIZERS IN INDUSTRIAL AREAS 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. ORDINANCE NO. 79 -15 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 34 REGARDING FREESTANDING SIGNS FOR R3 THROUGH R7 DISTRICTS The motion for the adoption of the foregoing ordinance 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 ordinance was declared duly passed and adopted. PUBLIC HEARING ON FEDERAL REVENUE SHARING The City Manager explained that a public hearing had been scheduled for 8 :00 p.m. on federal revenue sharing. He noted that the public hearing was required by the 9 -24 -79 -6- Federal Revenue Sharing Act and that the administrative public hearing on proposed uses for federal revenue sharing funds had been held on August 20, 1979. He indicated that the purpose of the public hearing was to solicit input on the use of federal revenue sharing funds. Councilmember Kuefler left the table at 8:15 p.m. The Mayor then opened the meeting for a public hearing on federal revenue sharing at 8:17 p.m. Mr. Russell then spoke to register an objection that no public hearing was held on the second reading of the ordinance to phase out Howe, Inc. Mayor Nyquist informed Mr. Russell that the public hearing on federal revenue sharing was now i being conducted. There was no one to speak at the public hearing on federal revenue sharing. There was a motion by Councilmember Fignar and seconded by Councilmember- Scott to close the public hearing on federal revenue sharing. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka ,,and Scott. Voting against: - ,none_ - The motion passed unanimously. -, ,:­. Councilmember Kuefler returned at 8:20 p.m. PUBLIC HEARING ON SPECIAL ASSESSMENTS The Mayor opened the special assessment: public hearing at 8:20 p.m. The City proposed assessments would o s in s for all of the r ed that the public hear P P Manager explained p hearings those proposed assessments concerning Po t and afterwards the resolutions .p be held firs a rw g would be considered. The Superintendent of Engineering explained that all of the property owners had been notified concerning the public hearing on the proposed assessments. The City Attorney noted that a public hearing should be opened on each project. A public hearing was opened for the Alley Paving Project No. 1977 -13 located between James and Knox Avenue from 53rd to 54th Avenue North. The assessment method was footage and area assessment. There was no one to speak on the project. There was a motion by Councilmember Fignar and seconded by Councilmember Scott to close the public hearing on Project No. 1977 -13. Voting in favor: - Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The Director of Public Works stated that Projects No. .1977 -19 and 1977 -20 had.been' grouped together, and noted that this procedure was also followed with other projects whereever practical. A public hearing was opened for Street Surfacing Project No. 1977 -19 located at Lyndale Avenue North from the center line of 59th Avenue North to 185 feet north of the center line of 61st Avenue North and Curb and Gutter Project No. 1977 -20 located at Lyndale Avenue North from the center line of 59th Avenue North to the center line of 62nd Avenue North. The assessment method was footage and driveway costs. There was no one to speak on the project. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to close the public hearing on Projects No. 1977 -19 and 1977 -20. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: _none. The motion passed unanimously. A public hearing was opened for Alley Paving Project No. 1977 -22 located between Twin Lake and Lakeview from Lakebreeze northerly approximately 340 feet. The assessment method was footage and area assessment. There was no one to speak on the project There was a motion by Councilmember Fignar and seconded by Councilmember. Lhotka to close the public hearing on Project No. 1977 -22. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. 9- �24 -79 -7- A public hearing was opened for Water Main Project No 1978 -4 located from the., existing water main in Brooklyn Park, along the north City limits, then southeast along and 'across Brooklyn Boulevard, and Sanitary Sewer Project No. 1978 -5 located from the existing sanitary sewer in Brooklyn Park, along the north City limits, then southeast along and across Brooklyn Boulevard. The assessment was prorated by agreement. There was no one to speak on the projects. There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to close the public hearing on Projects No. 1978 -4 and 1978 -5. Voting in favor:- Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The Director of Public Works stated that he had met with three residents, Mr. Albright, Mr. West and Mr. Reese, regarding complaints about the Alley Paving Project No. 1978 -7. He noted the following complaints regarding the project: 1) (Bird baths) or low points in the alley. 2) Sodding around the storm sewer. 3) The driveway to Mr. West's garage was not properly shaved. 4) - General criticism that the City has used too much salt and sand on the alley during winter months. The Director of Public Works stated that, concerning item #1, the work of shaving the asphalt.;had. been completed and that the alley does now drain properly. He noted that with regard to item #2, the sod is rough in spots and the City will put topsoil on these areas and seed it. Concerning item #3, the Director of Public Works stated that the driveway does not have a pleasing appearance And that in his opinion, repair is not possible and it must be torn out replaced in order to .improve it. With regard to item #4, the Director of Public Works indicated that it would not be a problem to use less salt and sand on the alley during winter months. With regard to item #3; Mr. West's driveway, Councilmember Fignar asked what the condition of the driveway was like prior to completion of the project. The Director of Public Works stated that it was level with the alley and that the grade was cut by a foot with the project and that the alley is now higher than the driveway. Councilmember Kuefler indicated that the situation should be corrected but that he would be interested in talking to Mr. West regarding what he was originally told about the project The City Manager explained that the 'engineering staff tries to stay on the right -of -way when possible. He noted that this situation is an example of where the City and resident both acted in good faith but where each did not communicate completely to one another regarding the project. He indicated that we usually try to keep off residents' property and stay completely on the right -of -way. Councilmember Fignar asked that.the staff work out some kind of compromise with.Mr. West regarding his driveway.` A public hearing was opened for Alley Paving Project No. 1978-7 located between Humboldt and Irving Avenue from 53rd to 54th.. The method of assessment was footage and area. -There was no.one to speak on the project. There was a motion by Councilmember Scott and 'seconded by Councilmember Lhotka to close the public hearing on Project No. 1978 -7. Voting in favor: Mayor Nyquist, Council - members Kuefler, Fignar,_ Lhotka, and Scott. Voting against:, none. The motion passed unanimously. A public hearing was opened on Grading, Base and Surfacing Project No. 1978 -20 located on Irving Avenue North from 155 feet south of 70th to the proposed Irving Lane and Irving Lane from 738 feet east of Logan to Irving Avenue North. The assessment method was footage assessment. The manager of Brookdale Towers Apartments appeared to speak on Project No. 1978 -20. He explained that Brookdale Towers will not receive any benefit from the project since there is no access to Irving Avenue from the apartment complex and there is no reason for residents to use Irving Avenue. He indicated that the two accesses to the complex are off Humboldt Avenue. The Superintendent of Engineering stated that in view of the . fact that an appeal had been filed on a previous assessment of the Brookdale Towers property when utilities were placed in Irving Avenue, that a- statement regarding the benefits derived from the street should be prepared. The City 9 -24 -79 -B- Council directed the staff to prepare such a report. The City Attorney noted that, in granting a variance for the construction of Brookdaie Towers Apartments, there was a stipulation in the variance that all future assessments would be paid on Irving Avenue. There was a motion by Councilmember Fignar and seconded by Councilmember Scott to close the public hearing on Project No. 1978 -20. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. A public hearing was opened on Water Main Project No. 1978 -21 located on Aldrich Avenue North from 68th Avenue northerly approximately 340 feet, Sanitary Sewer Project No. 1978 -22 located on Aldrich Avenue North from 68th Avenue North northerly .approximately 330 feet, Storm Sewer Project No. 1978 -23 located in the drainage urea around Aldrich Avenue North northerly of 68th Avenue, and Grading, Base and surfacing Project No. 1978 -24 located on Aldrich Avenue North from 68th Avenue North approximately 340 feet. Mr. Paul Rosso appeared to speak on the project. He cited examples of the case law from 1943 which addressed the issue of determining whether a road would be classified as public or private. Mr. Rosso stated that the tests to determine whether a road is classified as public or private is based on the weight allowed to travel an the road. He noted that the term "thoroughfare" means a street where one can fare through, and if the street is closed at one end, it is classified as a cul -de -sac. Mr. Rosso stated that the portion of Aldrich Avenue North in the project area is a private road. The City Attorney stated that he had received correspondence from Mr. Rosso in this matter and that in his opinion there is not doubt that this a public road. The City Attorney noted further that at a public hearing in 1978, he informed Mr. Rosso that an Attorney General's opinion would be sought if there was any doubt that it is not a.public road. The City Attorney asked Mr. Rosso whether or not the street is a private street according to his evaluation. Mr. Rosso responded by saying that it'is a cul -de -sac. The City Attorney then asked Mr. Rosso whether or not his objections to the assessments were due to the fact that he considered the road a private road. Mr. Rosso indicated that the street is of no service to his sister's property and he also requested that the assessments be deferred since he felt the road was a private street. Mayor yqust asked if there was anyone else to speak on the projects. Melba Evanson, the property owner of that parcel identified by Hennepin County Property I.D. Number 36- 119 -21 -21 -0003, requested that the Council describe to her the benefits which were being received by her- property as a result of the installation of the street, storm sewer, sanitary sewer and water main. The City Attorney commented that Ms. Evanson was entitled to such a statement and the City Council - directed the staff to prepare a report to be submitted and approved by the - -City Council at its next meeting. Mayor Nyquist state t g d that the it Attorney Y Yq C y feels that the issue of the definition of the street as public or private is clear enough so that an Attorney General's opinion is not necessary in this instance. Council - member Kuefler questioned whether or not either party could request an Attorney General's opinion. The City Attorney stated that only governmental units can request Attorney General's opinions, but he indicated that he could prepare a statement on how the improvements in these projects will benefit Melba Evanson's property. There was a motion n by Councilmember Scott . and seconded by Council- Member Fignar to close the public hearing on Projects No. 1978 -21, 1978 -22, 1978 -23 and 1978 -24. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. i A public hearing was opened on Curb and Gutter Project No. 1978 -28 located on James Circle from Freeway Boulevard southerly approximately 570 feet. The method of assessment was area assessment. There was no one to speak on the project. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on Project No. 1978 -28. Voting in favor: mayor Nyquist, Council- members Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. 9 -24 -79 -9- A public hearing was o ened on Water Ma' _ f. F in Project e t c No � 1978 31 located on Unity Avenue North from 940 feet north of the center nine of 69th Avenue North northerly approximately 1,300 feet. The method of assessment was footage area assessment There was no one to speak on the project. There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to close the public hearing on Project No. 1978. -31. Voting in favor Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting..acaainst: none. The motion passed unanimously. A public hearing was opened on Water Hookups located at 6331 Brooklyn Boulevard, 5920 Brooklyn Boulevard, 6415 James Circle, 5306 Morgan Avenue North, 2500 County Road 10, and 6850 to 6870 Shingle Creek Parkway. There was no one to speak at the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to close the public hearing on water hookups. `Voting in favor Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against:. none. The motion passed unanimously. The Superintendent of Engineering explained that the costs of Storm Sewer Project No. 1978 --32 located on Unity Avenue, The Ponds -Phase III, and Storm Sewer Project No. 1978 -35 located on Unity Avenue, The Ponds -Phase VII, would be covered by a developer bond and would not be levied. The Superintendent of Engineering stated that the public hazard removal was accomplished through a court order and that the City was allowed, in this instance, to assess the cost of removal of a structure, that being a house which had burned on Fremont Avenue. A public hearing was opened on the public hazard removal assessment. There was no one to speak at the hearing. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to close the public hearing on the public hazard removal. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and 'Scott. Voting against: none. The motion passed unanimously. A public hearing was opened on delinquent weed destruction accounts. There was no one to speak at the hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to close the public hearing on delinquent weed destruction accounts. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka,, and Scott. Voting against: none. The motion passed unanimously. A public hearing was opened on delinquent public utility accounts. There was no one to speak at the hearing. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to close the public hearing on delinquent public utility accounts. Voting in favor:, Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The Superintendent of Engineering stated that the diseased shade tree removal contract is just underway and will not be assessed this year.; RECESS The Brooklyn Center City Council recessed at 9:20 p.m. and reconvened at 9:35 p.m. Councilmember Fignar commented on Mr. Rosso's request for an Attorney General's opinion and asked what kind of time constraints would the City, be under if such a - request were made to the Attorney General's office. The Director of Public Works stated.that this is the last meeting date to meet the deadline of October 10, 1979 to certify the assessments to the County Auditor. Councilmember Fignar questioned that if we approve the assessments as they are now, could they be corrected at some later date if an Attorney General's opinion is obtained and necessitates a change in the assessments. The City Attorney stated that he objects to seeking an Attorney General's opinion from a P� professional standpoint, and that Mr. Rosso is seeking an 9 -24 -79 -10- answer to a question to which we already know the answer. He stated that we should, however, honor Melba Evanson's request to show how her property will be benefited from the improvements to be assessed. Councilmember Fignar concurred that there is no merit to Mr. Rosso's argument but that Melba Evanson should be provided with a list of benefits to her property. Mayor Nyquist then suggested that a similar list be prepared for the Grading, Base and Surfacing Project No. 1978 -20 to be transmitted to the owners of the Brookdale Towers Apartments. The City Attorney indicated that such a list of benefits would be appropriate. r RESOLUTION NO. 79 -222 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CONFIRMING ASSESSMENTS FOR WATER MAIN IMPROVEMENT 1978 -4, 1978 -21, AND 1978 -31; AND SANITARY SEWER IMPROVEMENT 1978 -5 AND 1978 -22; AND STORM SEWER IMPROVE- . MENT 1978 -23; AND STREET SURFACING IMPROVEMENT 1978 -20 AND 1978 -24; AND ALLEY IMPROVEMENT 1977 -13, 1977 -22 AND 1978 -7; AND CURB AND GUTTER IMPROVEMENT 1978 -28; AND PUBLIC UTILITIES WATER HOOKUPS 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. 79 -223 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CONFIRMING ASSESSMENTS FOR STREET SURFACING IMPROVEMENT 1977 -19 AND CURB AND GUTTER IMPROVEMENT 1977 -20 y The motion for the adoption of the foregoing resolution was dul y seconded by member Tony Kuefler, 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, whereupon said resolution was declared duly passed and adopted. Councilmember Lhotka abstained from voting. RESOLUTION NO. 79 -224 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DELINQUENT PUBLIC UTILITY ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS 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 S g t d , Po n said resolution was declared duly passed and adopted. RESOLUTION NO. 79 -225 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DELINQUENT NOXIOUS WEED CUTTING ACCOUNTS FOR 1979 CUTTING TO THE HENNEPIN COUNTY TAX ROLLS 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 9 -24 -79 -11- was declared duly passed and adopted. a RESOLUTION NO. 79 -225 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING COST OF HAZARD REMOVAL TO THE HENNEPIN COUNTY TAX ROLLS 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. PLANNING COMMISSION ITEMS The City Manager introduced Application No.. 79059 submitted by Michlitsch Builders. He noted that the applicant seeks site and building plan approval of a fourplex located west of the new 7- Eleven Store at the corner of 69th and Humboldt Avenues. Application No. 79059 was recommended for approval at the September 13, 1979 Planning Commission meeting. The Director of Planning and Inspection showed a transparency of the area and reviewed the application. He explained that the property is located on the north side of 69th Avenue North, westerly of Humboldt Avenue North. He noted that the site is bounded on the east by a new 7- Eleven Store, on the north by Brookdale Towers Apartments, on the west by residential homes, and on the south by existing R -5 multiple family development. He stated that the parcel is zoned R -4, and the proposed use is permitted in that zone. The Director of planning and Inspection stated that the lots in question measured 120' x 170' or 20,400 square feet in area. He noted that the land area used for calculating density after deducting setback areas is '14,000 square feet, precisely the amount required for four R -4 type units. He pointed out that eight parking spaces are divided as required by the ordinance, and that proposed setbacks are all in excess of the'ordinance requirements, including a 15 foot buffer strip between R -1 and R -4 on the west side of the property. f The Director of Planning and Inspection stated..that the proposed development does not require any handicapped access but that it is accessible by handicapped persons. He stated that handicapped accessibility is provided by a Lamp and striped dead space extending from the front sidewalk. The Director of Planning and Inspection stated that the Planning Commission has recommended additional plantings for the proposed development and that the applicant has submitted a plan for additional plantings. He noted that the Planning Commission has recommended approval of Application No. 79059 contingent on eight requirements to be met by the applicant and contained in the September 13, 1979 Planning Commission minutes. The Director of Planning and Inspection also indicated that the eighth requirement stipulated by the Planning Commission regarding modification of the landscape plan has been met by the applicant. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to approve Planning Commission Application No. 79059 submitted by Builders for site and building plan approval of a four unit apartment building on Lot 1, Block 1, Horbal Addition subject to the following conditions: 1. Building plans are subject to review and approval by the Building f Official with respect to applicable codes prior to the issuance of permits. 9 -24 -79 -12- I 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. The applicant shall enter into a standard utility maintenance agree - ment with the City as approved by the City Engineer. 4. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements. 5. All outside trash disposal facilities and /or rooftop mechanical equipment shall be appropriately screened from view. 6.. B612 curb and gutter shall be provided throughout all driving and parking areas. 7. The applicant shall acquire title to the property vacated by the City for street ur oses prior to the issuance of permits. P P Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The City Manager introduced Application No. 79060 submitted by Standard oil (Quick Six Station). He stated that the applicant seeks site and building plan and special use permit approval of a combination gas station, convenience food shop and car wash at the northeast corner of 66th Avenue and West River Road. He noted that the new structure will replace an existing gas station. The application was recommended for approval at the September 13, 1979 Planning Commission meeting. The Director of Planning and Inspection showed a transparency of the area and reviewed undeveloped R -5 property i is bounded b Y the application. He pointed out that the site y P P P PP P on the east, a nonconforming single family home on the north (with land zoned R -5) by'a Texaco station on the west side of West River Road and the proposed Atkins n ntractors'Office on the south side of 66th Avenue. He Plumbs C pointed out that P i g t the property is zoned C -2 and gas stations and car washes are special uses within that zone. He also indicated that all relevant setbacks are met by the proposed plan and that the eleven required parking stalls are also shown on the plan.' The Director of Planning and Inspection stated that at the public hearing on the project held by the Planning Commission, Mr. Clyde Olson, 6626 West River Road, expressed a concern that two elm trees on the property appear to be diesased with Dutch elm disease. The Director of Planning and Inspection noted that the City tree inspector had inspected the elm trees and stated that they were not diseased with Dutch elm disease. The Director of Planning and Inspection pointed out that the Planning Commission had recommended that these trees be replaced if they should die -:and that the Commission considers the elms as part of the landscape plan for the project. He stated that the Planning Commission has recommended approval of Application No. 79060 contingent on ten requirements, as stated in the September 13, 1979 Planning Commission minutes. He also pointed out that one of the ten requirements, that being that the applicant shall. submit a complete set of revised drawings prior to the consideration by the City Council, has already been met by the applicant. Mayor Nyquist noted that he did not see a requirement for an under- ground irrigation system for the project. The Director of Planning and Inspection stated that the Council may want to consider such a requirement and include an underground irrigation system as one of the requirements for approval of the project. Councilmember Scott asked whose responsibility it was for the maintenance of the area behind the station. Councilmember Kuefler also noted that snow removal and maintenance is a concern with such a special use. The Director of Planning and 9 -24 -79 -13- Inspection stated that, in terms of storing or pushing snow onto neighbors' property, fhere.is a verbal assurance from the applicant that this will not be done'. He also noted that if the applicant does not comply with this assurance, the special use permit may be reviewed by the City Council. Councilmember Kuefler expressed a concern over the snow removal problem. The Director of Planning and Inspection indicated that the station should deal with the snow by hauling.if off the site, and if there is a problem in this area, the special use permit may be reviewed with the option of pulling the special use permit. Councilmember Scott, inquired about the drainage on the site. The Director of " Planning and Inspection stated that there is no particular problem with drainage at this time, but the drainage plan is subject to review by the City Engineer. Mayor Nyquist opened the meeting for the purposes of a public hearing on Application No. 79060 submitted by Standard Oil (Quick Six Station). The applicant was present but did not wish to add further comment concerning the application. There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to close.the public hearing on Application No. 79060. Voting in favor: Mayor Nyquist, Council- members Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to approve Planning Commission Application No. 79060 submitted by standard Oil (Quick Six Station) for site and building plan and special use permit approval of a combina- tion gas station, convenience food shop and car wash at the northeast corner of 66th Avenue and West River Road subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility and landscaping plans are subject to approval by the City Engineer prior to the issuance of permits 3. A performance agreement and supporting financial guarantee (in an .amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements prior to the issuance of permits. 4 All outside trash disposal facilities and /or rooftop mechanical equipment shall be appropriately screened from view. 5. The special use permit is issued to the operator of the facility and is nontransferable. 6., The special use permit is subject to all applicable codes, ordi- nances and regulations including special licensing requirements and violation thereof shall be grounds for revocation. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. The applicant will enter into a standard utility maintenance agreement with the City as approved by the City 'Engineer. 9. In the event that two existing elm trees on the site become diseased they P shall be removed and replaced with 2Y to 3" i o to a similar size at maturity. diameter Tees that will grow . Y g 9 -24 -79 -14- 10. An underground irrigation system shall be provided in all landscaped areas to facilitate site maintenance. j 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. 79061 submitted by DeWitt Enterprises for site and building plan approval of an eight unit townhouse complex to be known as Humboldt Square Estates, located at roughly 6800 Humboldt Avenue North across from Humboldt Square Shopping Center. Application No. 79061 was recommended for approval at the September 13, 1979 Planning Commission meeting. The Director of Planning and Inspection showed a transparency of the area and reviewed the application. He pointed out that the parcel is bounded by the Humboldt Courts Apartments on the north, by the Speculative #7 Industrial Building on the west, by the Bardel Apartments on the south and by Humboldt Square Shopping Center on the east side of Humboldt Avenue North. He also noted that the land zoned R -5 and that R -3 uses, such as townhouses and single family attached condominiums, are permitted uses in the R -5 zone provided they meet R -3 district requirements. j The Director of Planning and Inspection explained that the applicant seeks to put eight townhouse units in the form of two quadri -homes on a 39,307 square foot parcel. He indicated that each unit will have a two car tuck - under garage and the applicant proposes to take advantage of Section 35 -400 which entitles him to a density credit of 500 square feet per enclosed parking stall, or a total density j credit of 8,000 square feet over the entire site, j The Director of Planning and Inspection noted that the landscape plan intends to j make generous use of existing natural vegetation on the site which includes large existing trees on the site with additional plantings scheduled for the front and Il rear portions of the site for appropriate screening purposes. He indicated that the Planning Commission had recommended approval of Application No. 79061 at the September 13, 1979 Planning Commission meeting subject to six conditions as indicated in the September 13,1979 Planning Commission minutes. � m There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to approve Planning Commission Application No. 79061 submitted by DeWitt Enterprises for site and building plan approval of an eight unit townhouse complex to be known as Humboldt Square Estates located at roughly 6800 Humboldt Avenue North across from Humboldt Square Shopping Center subject to the following conditions: 1. Building plans are subject to review and approval by the Building fficial with respect to applicable codes prior g P P P P to the issuance of permits. 2. Grading, drainage and utility and landscaping plans are subject to the review and approval of the City Engineer prior to the issuance of permits. 3. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements. 4.. All outside trash disposal facilities and /or rooftop mechanical equipment shall be appropriately screened from view. 5. B612 curb and gutter shall be provided around all common. driving areas. 9 -24 -79 -15- 6. The property is subject to replatting in accordane� with Chapter 4 , 15 of the City Ordinances. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. APPROVAL OF FIRE RELIEF ASSOCIATION INVESTMENT The City Manager stated that he had reviewed the Fire Relief Association investments with the Finance Director with regard to State law requirements and determined that they comply with all such requirements. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the Fire Relief Association purchase of Government National Mortgage Association certificates at the interest rate of 9�% with the maturity date of June 15, 2009, and Ford Motor commercial paper at the interest rate of 10.6% which matures November 1, 1979. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none.` The motion passed unanimously. DECLARATION OF SURPLUS PROPERTY There was a motion by Councilmember Scott and seconded by Councilmember Fignar to - declare certain pipe and fitings in the Public Utilities Department described in a list prepared by the City Clerk as surplus. Voting in favor: Mayor Nyqu Councilmembers Kuefler, Fignar, Lhotka, and Stott. Voting against: none. The motion passed unanimously. A. CITY'S CONTRIBUTION TO NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve the City's contribution of $921 for 1979 to the Northwest Human Services Council. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, tka, and Scott. Voting against: none. The motion passed unanimously. COUNTY STATE AID HIGHWAY 130, COUNTY PROJECT 7325 - 69th'AVENUE NORTH FROM WEST OF T.H. 152 TO T.H. 169 IN BROOKLYN CENTER The City Manager indicated that this project had been removed from the proposed 1980 to 1984 Hennepin County Transportation Capital Improvement Program (CIP). He indicated that the County is approaching this roadway project as a four lane road. He noted that persons living close to the project have objected to it and want the roadway as a 44 foot wide road which would mean two lanes of traffic with parking on either side. He noted that, if the Council has a concern over the width of the road, they may wish not to institute a lobbying effort to place the.project back on the 1980 to 1984 County Capital Improvement Program. Councilmember Fignar expressed a concern over a pedestrian walkway for the project. The Director of Public Works stated that additional right-of-way is needed for easements for a walkway. Councilmember Fignar asked whether the walkway can be installed if there is only a two lane designation for the roadway project. The City Manager explained that the walkway is the City's responsibility and that if the project is delayed more than five years, a temporary walkway may be considered. He added that the County would not -- include the costs of walkways in this project. Councilmember Kuefler indicated that traffic will most certainly increase in the area and that an extra four feet on the raodway is desirable for safety reasons. The City Manager indicated that a minimum 48 foot width is required for four lane roadways which would not include parking on either side. Councilmember Lhotka expressed a concern over the excessive width of a four lane roadway in the area. Councilmember Fignar stated that the walkways will surely be needed due to the increased traffic, and that the City should either support the County's four lane concept or make certain that a walkway is installed if the roadway should not be four lane. The City Manager indicated that if the pr is delayed over five years, the City should extend the walkway the full length of the project. He 9 -24 -79 -16- noted that the County considers anything less than four lanes on the project not to warrant reconstruction. The Director of Planning and Inspection pointed out that the existing setback from the right -of -way line in the area is now 50 feet. Council- member Kuefler stated that he supports getting the road upgraded and getting it back into the County's plan. He added that he would like to ask the staff to begin lobby- ing efforts to place the project back on the County's Transportation Capital Improve- '` ment Program. There was a motion by Councilmember'Kuefler and seconded by Councilmember Fignar to direct the City staff to pursue lobbying efforts to get the County State Aid High- way 130, County Project 7325 back on the 1980 to 1984 Hennepin County Transporation Capital Improvement Program (CIP). Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. STATE PROJECT 2748 -21 .(T.H. 252)- — 65th AVENUE NORTH IN BROOKLYN CENTER To 77th AVENUE NORTH IN BROOKLYN PARK The City Manager referred to a letter from the Minnesota Department of Transportation concerning the project and noted that it had been placed on an unscheduled status by the Minnesota Department of Transporation. The Director of Public Works noted that the proposed bridge which was to be built in conjunction with Highway 610 is still contained in the plan, but that reconstruction of Highway 252 and construction of Highway 610 going west, have been removed from programming. The City Manager -indi- cated that studies show that the bridge construction is not advisable without construction of Highway 610, and that this is not in line with the Minnesota Depart- ment of Transportation's current approach to the project. He added that this current action by the Minnesota Department of Transportation should be discussed with representatives from Brooklyn Park, Champlin and other cities affected by the Project. The Director of Public Works indicated that he had asked the management committee for the 252 project to do a study on traffic volumes to find out what Projected traffic conditions would be in 1990 if only a part of the proposed system is built. He explained that the management committee is comprised of city engineers from cities affected by the project, Minnesota Department of Transportation staff, and representatives from the Metropolitan Council. Councilmember Kuefler noted that the City is already on record as stating that if the bridge is constructed, the proposed roads, must also be built along with the bridge. Councilmember Lhotka stated that he is not convinced that a four lane status for 169 is essential and questioned the benefit of such a project to Brooklyn Center. Councilmember Fignar asked what the unscheduled status of the project meant in terms'of time. The Director of Public works indicated that the unscheduled status implied a time period beyond five years. Councilmember Kuefler asked what agency does the City make its position known to regarding the project. The Director of Public Works stated that it would be the Minnesota Department of Transportation. The City Manager suggested that the staff should work with the local management committee and other cities affected by the project and that a coordinated effort is advisable in this instance. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to direct City staff to contact the management committee for the T.H. 252 project to develop and coordinate efforts to respond to the Minnesota Department of Trans- portation's placing of State Project 2748 -21 (T.H. 252) on unscheduled status. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none The motion passed unanimously. DETACHED WORKER PROGRAM The City Manager referred to the 1980 Proposed Budget for the detached worker and the proposed agreement between the City of Brooklyn Center and the YMCA of Metro- politan Minneapolis for a Detached Worker Program. He indicated that both he and 9 -24 -79 -17- the Chief of Police are satisfied with the agreement. He noted that there was a representative from,the YMCA present in the audience to answer any questions that. the.Council might have concerning the Detached Worker Program. Councilmember Lhotka asked why funds for the continuation of the Detached Worker Program were not sought earlier. The City Manager explained that CETA was extended several times and that there was a policy of ongoing extensions of the CETA Program, but that finally CETA did end. He added that the YMCA sought assistance for the program through the County, school boards, private organizations, philanthropic organiza- tions and the federal government. He indicated that in the case of the federal 1 government, federal funds were available for only new experimental projects and not ongoing projects such as the Detached Worker Program. There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to authorize the Mayor and City. Manager to enter into and execute on behalf of the City of Brooklyn Center, an agreement with the YMCA of Metropolitan Minneapolis, for the Detached Worker Program contingent upon the deletion of the following item from said agreement: h. Set police referrals as first priority. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. BROOKLYN PARK REQUEST FOR TEMPORARY FOUR -WAY STOP SIGNS ON 73RD AVENUE AT HUMBOLDT AVENUE AND AT NEWTON AVENUE _ The Director of Public Works indicated that Brooklyn Park is restructuring Humboldt Avenue and that the need for the temporary four -way stop signs are related to this project. There was a`motion by Councilmember Fignar and seconded by Councilmember Scott to approve the - Brooklyn Park request for temporary four -way stop signs on 73rd Avenue at Humboldt Avenue and at Newton Avenue. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, "Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. RECONVENE SPECIAL BUDGET MEETING There was a motion by Councilmember Lhotka and .seconded by Councilmember Kuefler to reconvene the special budget meeting at 7:30 p.m. on September 26, 1979. 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 Kuefler and seconded by Councilmember Lhotka to approve the following list of licenses: ITINERANT FOOD ESTABLISHMENT LICENSE Nikki Sevig 5646 Girard Ave. No. (Jaycee Bazaar) Fabian Seafood Company Galveston, TX (6245 Brooklyn Blvd.) RENTAL DWELLING LICENSE Initial: Duane L. Christiansen 5400 Sailor Lane Renewal: Helene Ebhardt 5637,39 Girard Ave. No. Raymond & Arlene Breffle 5324,28 Russell Ave. No. Lucille M. Irwin 5400,02 Russell Ave. No. SIGNHANGER'S LICENSE Attracta Sign Company 6417 Penn Ave. So. 9 -24 -79 -18- i I 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 Fignar and seconded by Councilmember Kuefler to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:15 p.m. i C3-erk or r 9- X24 -79 -19-