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HomeMy WebLinkAbout1978 11-13 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 I � NOVEMBER 1341 1978 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7 :05 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Tony Kuefler, Gene Lhotka, and Celia Scott. Also present were City Manager Gerald Splinter, Director of Public Works James Merila, City Attorney Richard Schieffer, Director of Finance Paul Holmlund, Director of Planning and Inspection Ron Warren, Director of Parks and Recreatiori`"Gene Hagel, Building Official Will Dahn, and Administrative Assistant Mary Harty, N A I I VO N C T O The invocation was offered by Councilmember Kuefler. APPROVAL OF MINUTES The Mayor noted the minutes of the October 30, 1978 City Council meeting had not been submitted for Council approval. The minutes of the October 30, 1978 City Council meeting will be submitted for Council approval on November 20, 1978. OPEN FORUM The Mayor noted he had received no requests to speak at the Open Forum. He asked whether anyone in the audience wished to speak at the Open Forum; there being none, the Open Forum was closed. BOND REDUCT AN RELEASES The City Manager recommend bond reductions for the following: a bond reduction to $5,000 for Toy City located at 6000 Earle Brown Drive, :submitted by Wettrau Builders, St. Louis, Missouri; a reduction of the cash escrow to $1,500 for Michlitsch Apartments located at 6637 Humboldt Avenue North, submitted by Marvin Mi.chlitsch; a reduction to $1 of the bond for Harstad -Todd Center located at 413 66th Avenue North, submitted by Keith Harstad, owner. The City Manager recommended the release of performance bonds for the following: total release of the bond for the Beach Apartments located at 4201 Lakeside Avenue North, submitted by Viewcon, Inc. (Darrel Farr Development); a total release of the performance bond for Brook Park Dental Clinic formerly Murn and Swenson ,Dental Clinic located at 6437 Brooklyn Boulevard, submitted by Greg Swanson, owner. In response to questions from the Council, the Director of Planning and Inspection explained occasionally a business will substitute a different type of tree than had been originally specified on the site plans. Generally, limited substitutions which follow the basic intent of the original site plan are accepted. If major revisions are comprehended, the site plan with revisions may again be submitted to the 11-13-78 -1- Planning Commission and to the City Council. Minor revisions are generally handled by the staff. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the bond reductions and /or releases as recommended by the City Manager. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Councilmember Fignar arrived at 7 :10 p.m. APPOINTMENTS The City Manager recommended an appointment be made to the advisory commission to the Northwest Hennepin Human Services Council. He noted the appointment of Dr. Duane Orn expires on December 31, 1978. He stated Commissioners are eligible for reappointment and upon expiration of a member's term of office, the Commissioner continues to serve until his /her successor is appointed. The City Manager further noted Dr. Duane Orn had been an active member of the advisory commission. There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to reappoint Dr. Duane Orn to the advisory commission of the Northwest Hennepin Human Services Council. Voting in favor: Mayor Nyquist, Council - members Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The Mayor explained he would like to consider the appointment of two Planning Commissioners, although their appointment was not scheduled for this agenda. The Mayor explained Commissioner Book had resigned as a representative of the northeast neighborhood to the Planning Commission, The Mayor recommended the appointment of Nancy Manson, of 7100 Dupont Avenue North to replace Commissioner Book, Councilmember Kuefler stated Ms. Manson had shown a great deal of interest and involvement in the community in the past. He noted she was an active member of the Brooklyn Center community and would well represent the various interests of the community. Councilmember Kuefler highly recommended the appointment of Nancy Manson to the Planning Commission. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to approve the appointment of Nancy Manson to the Planning Commission to replace Commissioner Book when his resignation becomes effective. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The Mayor also explained the Chairma:! of the Planning Commission, Mr. Gil Engdahl had served for seven years on the Planning Commission and also wished to resign. The Mayor recommended the appointment of Mr. George Lucht of 5105 Brooklyn Boulevard. The Mayor noted Mr. Lucht had also been active in the community and was a Brooklyn Center business person who actually, lived within the community. 11 -13 -78 -2- Councilmember Fignar endorsed the appointment of Mr. Lucht noting he had known him through their association in the Rotary Club, Councilmember Fignar also stated he felt Mr. Lucht's business background would serve the Planning Commission well. I � There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to appoint Mr. George Lucht to the Planning Commission to replace Mr, Gil Engdahl effective upon Mr. Engdahl's resignation. Voting in favor: Mayor Nyquist, Council - members Kuefler, Fignar, Lhotka, and Scotto Voting against: none. The motion passed unanimously. Councilmember Scott suggested both new Commissioners might wish to sit in o1i the,. Planning Commission meetings between now and when they actually take office as Planning Commissioners, She explained this orientation would be valuable to them in their work. RESOLUTIONS The City Manager introduced a resolution establishing a LAWCON fund. He explained the fund would be set up to account for funds received from federal and state sources expended on LAWCON projects. He further explained the City of Brooklyn Center had received a notification that they have been ranked number 1 in a priority ranking within the State for the second phase of the trail grant and had been ranked number 2 in the priority ranking within the State for continued development of Central Park. With this priority ranking, Brooklyn Center has been invited to submit a more detailed proposal. It is anticipated with this high ranking, the City of Brooklyn Center will be funded for the second phase of the trail grant and for the continued development of Central Park, The City Manager noted these second grants would "piggy back" on the original grants. RESOLUTION NO. 78 -251 Member Celia Scott introduced the fallowing resolution and moved its adoption: RESOLUTION ESTABLISHING A LAWCON FUND The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution establishing a Community Development" Block Grant Fund. The City Manager explained the fund will be set up to account for funds received from the Department of Housing and Urban Development in the manner setforth in the Community Development Block Grant guidelines. RESOLUTION NO, 78 -252 Member Gene Lhotka introduced the following resolution and moved its adoption:. RESOLUTION ESTABLISHING A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUND 11 -13 -78 -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, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution supporting the repeal of a portion of a Social Security Law which decreases the social security benefits available to the spouse of a government worker. He explained the U. S. Congress recently enacted a law taking away at least a portion of the social security benefits from spouses of social security beneficiaries, if the spouse had a government pension, effective December, 1982. In response to questions from the Council, the Director of Finance explained this item had been brought to the attention of the City by an organization called the Municipals. He estimated the dollar amount involved would be approximately $200 to $300 per month and would affect both the state and the municipal employees. Councilmember Kuefler suggested he would like to know the rationale behind the passage of this particular section which decreases the social security benefits available to the spouse of a government worker before the Council acted on this resolution. The City Manager noted staff would research this question, as raised by Councilmember Kuefler and report back to the Council. The resolution was tabled. The City Manager introduced a resolution accepting bids and approving contract form for Street Paving and Curb & Gutter Contract No. 1978 -P. He explained the above contract is for street construction along Unity Avenue North for "The Ponds" development project consisting of Street Surfacing Projects No. 1978 -33 and 1978 -36, and Curb & Gutter Improvement Projects No. 1978 -34 and 1978 -37. The Director of Public Works explained bids had been opened on October 16, but the contract had just been awarded due to the fact that the developers did not have the performance bond available until now. The Director of Public Works explained the City did have 30 days in which to award the contract. He noted the gravel base work for this project may begin in the fall. RESOLUTION NO. 78 -253 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (STREET SURFACING AND CURB & GUTTER CONTRACT 1978 -P) 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. 11-13-78 -4- The City Manager explained a resolution accepting bids and approving contract form for Salt Storage Building Contract No. 1978 -R was being replaced with a resolution rejecting construction contract bids for the Salt Storage Building Contract No. 1978 -R because all the bids submitted exceeded the engineer's estimate for the work. The Director of Public Works explained the salt storage building was a prefabricated building and was to be erected by the Prefab Company, The contractor, in this job, has very little actual work to do as 85% of the work is done by the Prefab Company. The Director of Public Works suggested it would be in the best interest of the City to act as a general contractor on this project and to reopen the bids. The Director of Public Works further.noted bids received had included a 15% to 20% override. In response to questions from the Council, the Director of Public Works noted the City will pay less than a 5 %cost to do the general contracting. RESOLUTION NO. 78 -254 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION REJECTING CONSTRUCTION CONTRACT BIDS (SALT STORAGE BUILDING CONTRACT 1 978 -R) 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. As the Open Forum is generally scheduled from 7 :05 until 7:30 p.m. , the Mayor inquired whether anyone had come to the Council meeting for the purposes of speaking at the Open Forum. There was no one to speak at the Open Forum at the 7 :30 closing time. The Mayor resumed the rest of the meeting. The City Manager introduced a resolution authorizing the Mayor and the City Manager to execute Amendment No. 1 of the agreement between Minneapolis and Brooklyn Center for financing the cost of preliminary engineering work along 53rd Avenue North. He explained on September 11, 1978 the Brooklyn Center City Council adopted a resolution pertaining to an agreement with the City of Minneapolis regarding the preliminary engineering for the reconstruction of 53rd Avenue North from 4th Street North to Penn Avenue North. The City of Minneapolis has requested the City of Brooklyn Center to do additional engineering work along Penn Avenue North from 53rd Avenue North to the bridge near 52nd Avenue North under the same agreement. The amendment provides for the City of Brooklyn Center to be reimbursed by the City of Minneapolis for the actual cost of the preliminary engineering work performed by Brooklyn Center. The estimated cost for such preliminary engineering work is $3,500. It is proposed that this segment of street construction in Minneapolis be incorporated in the construction project of 53rd Avenue North. The Director of Public Works explained the City of Minneapolis had requested that the City of Brooklyn Center undertake the preliminary engineering work because the City of Minneapolis would have to send people up to this small section in north Minneapolis to coordinate a very small project. 11 - 13 -78 -5- In response to questions from the Council, the Director of Public Works explained 53rd Avenue will be widened to 44 feet, Additionally, curb and gutter will be provided. There will be two drive lanes and parking on each side of 53rd Avenue. Currently, a problem exists with people parking on the boulevards and the widening will alleviate this problem. There will be some increase of traffic on Logan and Humboldt due to the widening of 53rd Avenue but the State has predicted only a slight rise in traffic. Most of the traffic will continue around and exit on Highway 100. There will be no exit at 57th Avenue, all entrance and exit will be on- 53rd Avenue. T.H. 169 will be turned back to the City. As a point of clarification, the Director of Public Works explained Dupont and Logan are State Aid streets and Humboldt is a County road. RESOLUTION NO. 78 -255 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION PERTAINING TO AMENDMENT NO. 1 TO AGREEMENT WITH THE CITY OF MINNEAPOLIS REGARDING PRELIMINARY ENGINEERING FOR RECONSTRUCTION• OF 53RD AVENUE NORTH 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. ORDINANCES The City Manager introduced an ordinance authorizing the operation of birigo by licensed organizations. He noted the ordinance is presented for a first reading. He explained the ordinance was adopting by reference the regulatory provisions of Minnesota Statutes Section 349.11 to and including Section 349.23 which regulates and strictly licenses the operation of bingo games by certain licensed organizations. He explained the wording of the Statute was being incorporated into a City Ordinance in order that people might obtain copies of the ordinance and understand the licensing. There was a motion by Councilmember Fignar and seconded by Councilmember Scott to offer for first reading an ordinance authorizing the operation of bingo by a licensed organization. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously, The City Manager introduced an ordinance authorizing the operation of certain gambling devices by licensed organizations. He noted the ordinance is presented for a first reading, He explained, as with the bingo ordinance just presented, the gambling ordinance was adopting by reference the regulatory provisions of Minnesota Statute Section 325,53 through and including Minnesota Statute Section 325 .62, Minnesota 11-13-78 -6- Statute Section 340.14 Minnesota Statute Section 349.26, Minnesota Statute Section 609.75, and Minnesota Statute Section 609.761 all of which as amended by Laws 1978, Chapter 507. The ordinance regulates and licenses the operation of certain devices by licensed organizations. Again, he noted the wording of the was being incorporated into an ordinance so that people could acquire a copy of the ordinance and understand the licensing. The City Attorney stated Mr. Bill Clelland of the City Attorney's office and Chief Jim Lindsay had done the work on these ordinances. Mr. Schieffer suggested he would invite Mr. Clelland to appear before the Council at the time of the second reading of these ordinances in order to answer any questions the Council might have. He explained impetus for regulating binge and gambling by Statute was in response to concerns that more than benevolent organizations were benefiting from gambling and bingo. In response to questions from the Mayor, the City Attorney explained the State Constitution deals only with lotteries. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to offer for a first reading an ordinance authorizing the operation of certain gambling devices by licensed organizations. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scotto Voting against: none. The motion passed unanimously. The City Manager introduced an ordinance amending Chapters 15 and 35 of the City Ordinances relative to outlots. He explained the ordinance is a second reading and is recommended for the purpose of clarifying a previous interpretation of the ordinance. He noted the ordinance was presented stemming from concerns raised in a previous lawsuit against the City. The City Attorney further explained the ordinance was recommended for clarification purposes. ORDINANCE NO, 78-12 Member Bill Fignar introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTERS 15 AND 35 OF THE CITY ORDINANCES RELATIVE TO OUTLOTS The motion for the adoption of the foregoing ordinance was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted o The City Manager introduced an ordinance vacating turn- around easements on Lot 2 and 3 of Block 1 , and on Lots 1 and 2 of Block 2, Gregor's Addition. He explained in 1962 when Gregor's Addition was platted, turn - around easements were indicated on the plat on the above described lots because 69 -1/2 Avenue was a dead end westerly of Logan Avenue North. Now that 69 -1/2 Avenue North (currently named Irving Lane) has been extended to Irving Avenue North, the turn - around easements are no longer needed,, One of the property owners has requested the easement be removed from their deed. This can only be accomplished by an ordinance vacation action for the above referred easements. 11 -13 -78 -7- The ordinance is presented for a second reading. _ _ ORDINANCE NO. 78 -13 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING TURN - AROUND EASEMENTS EXISTING ON LOTS 2 AND I 3, BLOCK 1, AND LOTS 1 AND 2, BLOCK 2 GREGOR'S ADDITION 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. DISCUSSION ITEMS The City Manager introduced a discussion on the status of upgrading of County Road 130 (or 69th Avenue) and the proposed pedestrian bikeways along County Road 130. He stated the Director of Public Works was prepared to discuss the status of the upgrading of County Road 130 relative to Hennepin County's recently adopted 1979 Budget and five year Capital Improvements Program as well as interim improvements being looked at to provide pedestrian bicycle safety along County Road 130 The Director of Public Works explained the construction for the upgrading of County Road 130 was anticipated to begin in 1984. The construction cost, at today's cost, would be $3,860,000. The cost in 1984 is predicted to be approxi- mately $6,000,000 for the portion of the Brooklyn Center upgrading only, Brooklyn Center's share in the upgrading in 1978 figures would be approximately $670,000. In 1984 figures, the cost is anticipated to be almost $1,000,000. This upgrading would include sidewalk, drainage, curb and gutter and street construction. The Director cf Public Works explained the acceleration of projects may be helped by a resolution to the Hennepin County Board encouraging acceleration. The Director of Public Works noted the immediate concern in the area was with pedestrian safety. He noted both bituminous and concrete sidewalks have been installed along County Road 130. Further construction has been stopped pending finalization of plans for the Great River Road trail which may parallel County Road 130. There is a problem with children crossing County Road 130 to Evergreen School. In hopes of alleviating this problem, the school patrol has added crossings at Colfax and Bryant in addition to Dupont. He further explained the acquisition of the right -of -way for upgrading of County Road 130 would probably be accomplished in 1983. The Mayor questioned whether the acquisition of the right -of -way would necessitate taking homes. The Director of Public Works explained the upgrading would follow the existing right -of -way except in a small area along West Palmer Lake. It is anticipated no homes would have to be removed. 11 -13 -78 -8- The Mayor also questioned what hazards existed along County Road 130. The . Director of Public Works explained in the area between Dupont and Bryant there was a severe dip in the road shoulder which was hazardous to children going to Evergreen School. Additionally, there was the hazard of crossing County Road 130. The Director of Public Works further amplified on the status of the Great River Road trail systems. He explained on Tuesday, November 14, 1978 at 7:30 p.m. a public meeting is scheduled at the Minneapolis City Hall Council Chambers, Room 317, relative to the Great River Road route and trail system. The Director of Public Works explained three alternatives have been suggested for the Great River Road trail system.." The three alternatives are: first, a trail which would proceed north along Palmer Lake to Shingle Creek through to Minneapolis and to Camden; second, a route which would cross the Mississippi River at 95th and come down on the east side of the Mississippi to Minneapolis; third, a route which would use the 69th Avenue area with a bikeway on the south side of 69th to River Ridge Park along Lyndale Avenue to Minneapolis. The Brooklyn Center staff has encouraged the 69th Avenue route for two reasons: first, the 69th Avenue route would not add additional traffic to the Central Park area. Too much traffic in the Central Park area maybe detrimental to the Central Park activities area; second, currently funding is being received for the Shingle Creek park area but no funding has been received for the 69th Avenue area. Additionally, a connecting link across the east side of the river when the freeway bridge over the Mississippi is upgraded would be advantageous. As a point of clarification, the Director of Public Works noted the bicycle pedestrian way would be located on the south side of 69th Avenue and the pedestrian way would be on the north side of 69th Avenue. Councilmember Kuefler expressed concern with the lighting along 69th Avenue. The Director of Public Works stated the street light situation along 69th Avenue could be reviewed and possibly street lights provided in void areas within the framework of the regular street light program The Director of Public Works further explained that street light placement every 660 feet has been the distance used for placing street lights. If a street is longer than 660 feet, more than one street light is placed on a street. The Director of Public Works stated he would review the street lighting situation on 69th Avenue. Councilmember Kuefler also questioned whether the widening of 69th Avenue would be similar to the widening of 53rd Avenue. The Director of Public Works responded the widening would be similar to that on County Road 10 with a 52 foot roadway. County Road 10 has only a 66 foot right -of -way so the sidewalk is close to the Curb line. On 69th Avenue there would be an 80 foot right -of -way so the sidewalk would be moved back from the curb line for safety purposes. The Director of Public Works noted some people have expresser) disagreement with the upgrading of 69th Avenue. 11 -13 -78 -9- Councilmember Fignar questioned what kind of assessments would be made for the upgrading of 69th Avenue. The Director of Public Works explained the assess- ments would depend on the particular improvement. Curb and gutter assessments would-be made to the abutting properties whereas the storm sewer assessments would be made on an area wide basis according to the benefiting properties. Councilmember Fignar questioned whether the citizens i n the area e understand the cost situation for the assessments. The Director of Public Works responded that feelings of the public concerning the upgrading could be better ascertained at a public hearing. The Mayor recognized Mr. Ted Willard of 6825 Drew Avenue North who wished to speak on the upgrading of 69th Avenue. Mr. Willard suggested he wished to make three points regarding the possible upgrading of County Road 130 and its ramifica- tions. He stated the upgrading of roadways almost always affects the neighbor- hoods and many times affects the neighborhoods adversely. Further, he stated policy questions concerning certain actions such as the upgrading of a road are often times not considered. Traffic engineers are primarily interested in moving traffic and their decisions and suggestions are based on technical data not on policy considerations . Mr. Willard offered as an example the issue of construction on certain parts of the Interstate and the construction of airports. He suggested the community should consider policy. questions as to how certain improvements in a roadway would affect the neighborhood and decide if this in fact is what the community wishes. Finally, he suggested the upgrading of roadways attracts more traffic rather than accommodating the natural flow of traffic in an area as has happened on 63rd Avenue. Upgrading County Road 130 will change the character of the neighborhoods north of 69th Avenue. The Director of Public Works noted in addition to concerns presented by Mr. Willard, there was a concern with storm sewer in the area of 69th Avenue precipitated by many complaints about ponding in the area. The Director of Public Works explained the City faced a dilemma in making a decision as to whether money should be spend now on the storm sewer or spent at a later time if and when the street is upgraded. Councilmember Kuefler questioned whether or not 69th Avenue would be addressed in the Comprehensive Plan and whether it would be addressed by the Traffic Safety Committee. The .City Manager replied 69th Avenue would be addressed in the Comprehensive Plan. but the scope of the Traffic Safety Committee s m p a y o ee way some- e what narrower and would probably not consider a basic policy question concerning the upgrading of 69th Avenue. The City Manager suggested it was a possibility the Safety Committee might wish to address the legislature concerning the reduction of speed limits so that speed is actually reduced to 30 miles per hour within residential areas. The Mayor recognized Mr, Joe Roche of 816 69th Avenue North. Mr. Roche noted he concurred with comments made by Mr. Willard. Additionally, he explained there was an immediate problem with the safety of the children on 69th Avenue. He explained one child had been hit in the last week and the safety issue had to be dealt with immediately, 11 -13 -78 -10- Mr. Ted Willard stated the planners working to put together the Comprehensive Plan might also accept as a given premise that County Road 130 should be upgraded regardless of policy, considerations. He requested that the Council, as the policy making body of the City, consider whether or not this was the wish of the community. The Director of Public Works asked Mr. Willard whether he felt that 69th Avenue needed upgrading. M d r. Willard explained it was his personal feeling that the present roadway should be upgraded but not enlarged to handle additional traffic but that he felt this issue should be debated by the public, Councilmember Kuofler noted, based on information and discussion on County Road 130, he did not wish to urge Hennepin County "to accelerate the upgrading program. He again suggested he would like information on the lighting situation on County Road 1300 The City Manager explained the neighborhood advisory groups have been invited to present comments and input in formulating the Comprehensive Plan and the neighborhood advisory groups could address the basic premise of whether or not County Road 130 should indeed be upgraded. Councilmember Lhotka suggested whether the process was accelerated or not the City would have to go through the same process of deciding whether or not they wished the upgrading of County Road 130. Councilmember Kuefler clarified his earlier comments stating, before the Council urges the County to accelerate the upgrading of County Road 130, the community should resolve whether or not they wish County Road 130 to be upgraded. Councilmember Fignar expressed appreciation to Mr. Willard for presenting that particular avenue of opinion. He noted the alternative of upgrading to a lesser degree than originally intended might be appropriate. Councilmember Scott suggested the Council- might wish to encourage the County to move ahead on the upgrading because the process for moving the projects along in the County was slow. In the meantime, the Council could study the degree to which County Road 130 should actually be upgraded. In further discussion of the issue, the Council reached a consensus that they wished the County to accelerate their plans for the upgrading of County Road 130 but that the Council would study the degree to which the community wished County Road 130 to be upgraded. Acceleration of the upgrading does not necessarily mean that County Road 130 should be upgraded to a four lane roadway. The City Council directed the City Manager to prepare a resolution for review by the Council which encourages the acceleration of the upgrading of County Road 130 by Hennepin County but which does not specify the degree to which the Council wishes the upgrading to occur, leaving that question for further study by the "Council. After further discussion on the status of the Great River Road, there was a motion by Councilmember Scott and seconded by "Councilmember Lhotka to encourage the Minnesota Department of Transportation to consider the 69th 11 -13 -78 -11- Avenue route for the Great River Road trail system. In discussion of the motion, the Director of Public Works noted he and the Director of Parks and Recreation would be attending the public hearing on the Great River Road system which is to be held November 14, 1978 at 7 :30 p.m. in the Minneapolis City Hall Council Chambers, Room 317. In response to questions from the Council, the Director of Public Works noted support by the Brooklyn Center City Council via their attendance at the public hearing would be helpful. Following discussion of the motion, the following voted in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. _ Further discussion ensued concerning the authorization to hire a consultant for survey work for Street Improvement Project No. 1978 -38. The City Manager recommended that a motion be made by the City Council authorizing the City Manager to retain Egil- Wefald and Associates for an amount not to exceed $2 , 500 to 'do survey work along 53rd Avenue North from 4th Street to Penn Avenue North in conjunction with Street Improvement Project No. 1978 -38. The Director of Public Works explained currently the engineering department survey crew is involved with survey work along Shingle Creek and in "The Ponds" area and needs some assistance in survey work along 53rd Avenue He noted the cost of the survey -work would be shared with Minneapolis and reimbursed by the State,. There was a motion by Councilmember Fignar and seconded by Councilmember Kuefler to authorize the City Manager to hire a consultant for survey work for Street Improvement Project No. 1978 -38. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Referring to a letter which the City Manager had provided for the Council, the City Manager noted the agenda item considering a variance request for Mr. Gene Hamilton was being deferred until the December 4, 1978 City Council meeting at the wish of the Council, due to the fact that Mr. Hamilton was not able to attend the Council meeting of November 13, 1978 due to previous professional commitments, The City Attorney explained the City Manager had asked him to research the question raised at the October 30, 1978 Council meeting as to when it becamo the Council's responsibility to appoint a member to the Charter Commission. The City Attorney explained the Statute was not clear on the question. The Statute states a new Commissioner should be appointed within 30 days by the judge. The City Attorney noted in his research, he found no case law on the question and no Attorney General's opinion on the question. The City Attorney explained he had spoken with the City Attorney of Minneapolis on the question. It was the City Attorney's opinion after this research that the judge should have 30 days after notification of the vacancy to fill the position because the public official would have no way of knowing of the vacancy unless notified. 11 -13 -78 -12- In response to questions from Councilmember Kuefler, the City Attorney explained the Statute does not place the responsibility for notification on the Judge on any specific party stating the notification could be made by the Charter Commission, the. City Council, or petitioners. Councilmember Fignar asked whether the Judge had been notified of the vacancy oh the Charter Commission. The Mayor explained Chairman Kanatz had indicated at the October 30, 1978 meeting that she had notified the Judge of the vacancy. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the following list of licenses: GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE Tarco of Minnesota, Inc. (MCS) 10041 Polk Street N.E. (fourth truck) SIGN HANGER'S LICENSE Signcrafter's Outdoor Display, Inc'. 7775 Main St. N.E. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:06 p.m. . Clerk y 11 -13 -78 -13-