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HomeMy WebLinkAbout1982 07-26 CCM Regular Session _ I MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JULY 26, 1982 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:06 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, and Bill Hawes. Also P g resent were City Manager Gerald.Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning &Inspection Ron Warren, City Attorney Richard Schieffer, Assistant City Engineer Jim Grube, and Administrative Assistants Brad Hoffman, and Tom Bublitz. Mayor Nyquist noted that Councilmember Theis was out of town and was excused from this.evening's meeting. INVOCATION The invocation was offered by Pastor Bailey of the Brooklyn Center United Methodist Church. OPEN FORUM Mayor Nyquist recognized Mr. Kirscht, 6325 Halifax Drive, who addressed the Council and stated that he had talked with Councilmember Hawes prior.to this evening's meeting regarding the play apparatus being installed in Marlin Park. He'stated that he is not happy with the installation and there is no access to the park from Halifax Drive and that the play apparatus would be located in a corner of the park which is right behind his house. He added that the park is a small park and that i -t would be nice to have the park area remain open. Mrs. Kirscht added that generally, the neighborhood surrounding Marlin Park has few children and that most of the children in the neighborhood are grown. She stated that the play apparatus would interfere with the free play in the park and that it is unsightly in her opinion. She added, that there is play equipment close by in.other parks and school yards. Councilmember Hawes stated that he had met with the Kirschts to discuss their - concerns and noted that the play apparatus was allocated as part of the bondissue which was passed to provide improvements in neighborhood parks. He. stated that. surveys had been mailed out to solicit the neighborhoods attitudes concerning the installation of play apparatus in Marlin Park, but that little response had been ' received by this mail survey. He added that the Park & Recreation Commission then. conducted a door to door survey in the Marlin Park and Lakeside Park neighborhoods to determine neighborhood interest in having play apparatus installed in the parks: Councilmember Hawes commented that the results of .the survey. conducted by the Park & Recreation Commission showed that 18 families were in favor of the play apparatus being installed and 10 wanted Marlin Park left as it is. He added that five other persons indicated they would like other equipment in the park, such as'volley ball courts. 7 -26 -82 -1- The City Manager commented that the work accomplished to date in Marlin Park has been the installation of a concrete curb within which the play apparatus would be installed. Councilmember Lhotka inquired of the Kirschts whether they were opposed to the (apparatus or merely the location of the apparatus. Mrs. Kirscht replied that she does not think the apparatus is necessary for the park since there are no small children in the neighborhood. Councilmember Lhotka then inquired whether the play apparatus _ in -other City parks was generally installed away from residential areas. The City Manager stated that this is the general rule but that Marlin Park is a very small park. Councilmember Hawes stated that he discussed with the Kirschts the option of planting trees as a screening device from the apparatus. Mrs. Kirscht expressed a concern that the area, if screened, would attract late night drinking parties. Mr. Kirscht again emphasized there is no access to Marlin Park from Halifax Drive, and that he cannot understand why the play apparatus is being proposed for Marlin' Park. The City Manager replied that the Park & Recreation Commission generally divided up the neighborhood, and conducted a door to door survey which led to the favorable responses concerning the installation of the play apparatus. He added that the City can freeze the work presently in progress and give the City Council a chance to look at the area more closely. Councilmember Scott suggested placing the question of play apparatus for Marlin Park on the next Park & Recreation Commission agenda, and also suggested that notices be sent to residents in the area prior to the Park & Recreation Commission meeting. There was a general con- sensus among Councilmembers that the issue of the installation of the play apparatus in Marlin Park should be considered again at the August 17, 1982 Park & Recreation Commission meetings CONSENT AGENDA Mayor Nyquist inquired if any of the Council members desired any items removed from the Consent Agenda. Councilmember Hawes requested that item 7d be removed from the Consent Agenda and Councilmember Lhotka requested that item 7f be removed from the Consent Agenda. APPROVAL OF MINUTES - JULY 12, 1982 There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the minutes of the City Council meeting of July 12, 1982 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against: none. The motion passed. RESOLUTION NO. 82 -133 Member Bill Hawes introduced the following resolution and moved its adoption; RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NUMBER 2 TO CONTRACT 1981 -E (SHINGLE CREEK TRAILWAY IMPROVEMENT PROJECT NO. 1978 -42, PARKS IMPROVEMENT PROJECT NO. -1 -14, STORM SEWER IMPROVEMENT PROJECT NO. 1981 -16) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, and Bill Hawes; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 7 -26 -82 -2 l RESOLUTION NO. 82 -134 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1981 -E (SHINGLE CREEK TRAILWAY. IMPROVEMENT PART I IMPROVEMENT PROJECT NO. 1978 -42, SHINGLE CREEK TRAILWAY IMPROVEMENT - PART II IMPROVEMENT PROJECT NO. 1980 -10, 69TH AVENUE NORTH PEDESTRIAN TRAIL IMPROVEMENT PROJECT NO. 1981 -12, PARKS IMPROVEMENT PROJECT NO. 1981 -14, STORM SEWER IMPROVEMENT PROJECT NO. 1981 -16) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, and Bill Hawes; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -135 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1982 -B (XERXES AVENUE, 55TH AVENUE, 56TH AVENUE STREET RECONSTRUCTION PROJECT NO. 1982 -02, AND BROOKDALE ACCESS IMPROVEMENT PROJECT NO. 1982 -03) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon the following voted in _favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, and Bill Hawes; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. - LICENSES There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the following list of licenses: CIGARETTE LICENSE Uncle Bob's Quik Six 6600 Lyndale Ave. N. - FOOD ESTABLISHMENT LICENSE Uncle Bob's Quik Six - 6600 Lyndale Ave. N. GASOLINE SERVICE STATION LICENSE Uncle Bob's Quik Six 6600 Lyndale Ave. N. MECHANICAL SYSTEMS LICENSE Chapman Heating & Air Cond. 4017 Zane Ave. N. Conservenergy Systems, Inc. 6505 Taft St. Ideal Heating & Air Cond. 3116 Fremont Ave. N. RENTAL DWELLING LICENSE Renewal: Darrell A. Farr Development Beach Apartments Lloyd J. Waldusky Georgetown Park Townhouses 7 -26 -82 -3- RENTAL DWELLING LICENSE (CONTINUED Lyn River Corporation Lyn River Apartments Charles Q. Hillstrom 6527 Drew Aver., N:.; David Vosick 6731 Ewing Ave. N. Roland Scherber 7212 Newton Ave. N. h Dave Bradley_ 6725 W. River Rd. Har:shad Bhatt 7206 -7212 W. River Rd. Irwin,Ketroser x .6525, 27, 29 Willow In. Roger & Marie Krawiecki 5209 Xerxes Ave. N. SIGNHANGER LICENSE Macey Sign.Company 451 Wilson St. N.E: Voting in favor: r,Nyquist, Councilmembers Lhotka,.Scott, and Hawes. .Voting against: none. The motion passed, RECESS The Brooklyn Center"City Council recessed at 7:30 p.m. and reconvened at 7:51 p.m. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO. 82029 SUBMITTED BY NORTHWESTERN NATIONAL BANK FOR SITE AND BUILDING PLAN APPROVAL TO INSTALL AN 11' x 12' AUTOMATIC TELLER MACHINE IN THE PARKING LOT IN FRONT OF HIRSCHFIELD'S IN WESTBROOK MALL, 5717 XERXES AVENUE NORTH The Director of Planning & Inspection presented and reviewed for Council members 'pages 1 and 2 of the July 15, 1982 Planning Commission minutes and also the Plann _, Commission.information sheet prepared for - Application No. 82029. He reviewed the location of the proposed project and also reviewed a.-:transparency of the parking lot plan for the application, The Director of Planning & Inspection noted that the automatic teller proposed in x the application is a permitted use in the zone, and that the Planning Commission recommended approval of Application No. 82029 subject to five conditions which he .° "ri -Hewed for Council members. He stated the applicant is present at this evening's meeting. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve Application No. 82029 subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of- permits. 3. A site - performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 7 -26 -82 -4- - -4. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 5. B612 curb and gutter shall be provided around all concrete islands. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. 'Voting against: none. The motion passed. PLANNING COMMISSION APPLICATION NO. 82023_SUBMITTED BY BERGSTROM REALTY COMPANY FOR AMENDED SITE AND BUILDING PLAN APPROVAL FOR PHASE I OF THE HI CREST SQUARE ESTATES IN THE 1300 BLOCK ON THE SOUTH SIDE OF 69TH AVENUE NORTH PLANNING COMMISSION APPLICATION NO. 82026 SUBMITTED BY BERGSTROM REALTY COMPANY FORA VARIANCE FROM SECTION 35 -410, SUBDIVISION 3 TO ALLOW A.3' WIDE BUFFER STRIP ADJACENT TO THE CITY'S PUMPHOUSE AT 1207 69TH.AVENUE NORTH RATHER THAN THE ORDINANCE REQUIRED 15' The Director of Planning & Inspection pointed out that Application Nos. 82023 and 82026 had initially received a favorable recommendation by the Planning Commission at their June 17, 1982 meeting. He noted that these applications had been scheduled for City Council approval on June 28, 1982, but were tabled by the City Council at the applicant's request prior to consideration. He explained that the applicant had submitted a revised set of building plans (Application No. 82023) which were to be. reviewed by the Planning Commission on July 1, 1982, but the matter was tabled again at the request of the applicant. The Director of Planning & Inspection explained that a further revised set of were submitted and reviewed by the Planning Commission on July 15, 1982, at which time the Commission recommended approval. The Director of Planning & Inspection proceeded with a brief review of the minutes of those Commission meetings and noted that the applicant at this time is seeking site plan approval, including landscaping, grading, utilities, and a master layout .,fox - a - -FiO unit townhouse development, and also building plan approval for two two -unit � ii ldings - phase I of the project. He pointed out that the staff recommend that = -the City Council not consider at this time the building plan approval for two six -unit -- buildings in phase I, because the plans are not yet certified by a registered err-- ehitect. - -He- added- that he has been assured that this will be accomplished and 7 iii all - likelihood - the building plans for these units will be before the City Council in two weeks. 1 .The-D- hector of Planning inspection next proceeded -to review the location of the Proposed project, presented "transparency of the site plan, and reviewed the layout of the parking stalls in the project. He noted that the parking plan meets the minimum parking requirements of the City's zoning ordinance. The Director of Planning & Inspection reviewed the landscaping plans submitted with the site and building plan, and also reviewed the 35' buffer and.setback area on the westerly portion of the site abutting the Humboldt Square Shopping Center. He pointed out that with reference to Application No. 82026, the applicant is requesting a variance from the buffer requirements where the applicant's property -.aborts the City's pump house at 1207 69th Avenue North. He stated the Planning Commission on June 17, 1982 recommended approval of the variance on three grounds, -, which he reviewed for Council members. 7 2682 The Director of Planning & Inspection stated that the applicant has been present at all three Planning Commission meetings at which the application was considered. He explained that most of the discussion at the Planning Commission meetings dealt with building design. He noted that the Planning Commission has recommended approva of the plans for two duplexes proposed in the project as well as site, grading, and landscaping for the entire project and that deferral of approval on the remainder' of the units in the project is in order until the plan can be certified by a registered architect. The Director of Planning & Inspection" stated the Planning Commission recommended approval of Application No. 82023 subject to 12 conditions which he reviewed for Council members. He pointed out that the. 10th condition can be deleted and a condition- should be added which, would require that the applicant must finalize building plans .for the six -unit buildings prior to consideration by the City'Council. The City Manager pointed out that the plans.for the two duplexes in the do not require certification by a registered architect. The Director of Planning & Inspection pointed out that the Planning Commission vote at the July 15, 1982 meeting was not unanimous due to the dispute.regarding the plans for the project. He added.that the vote was a five.to two vote in favor of the application. The Director of Planning & Inspection pointed out the streets in the project are not public streets and the ability for the City to accept these streets in the future, as public is nonexistant since they do not meet City standards. Discussion ensued regarding the pond area in the project and the Director of Public Works reviewed the operation of the pond which would allow run --off to be held in the pond and gradually empty into the storm sewer system. Councilmember Lhotka requested to see the elevations for the project The Director of Planning & Inspection presented the elevation drawings to the City Council for their review. Mayor Nyquist opened the meeting for the purpose of a public hearing on Application No. 82026. He inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close th' - public hearing. .There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to ' close the public hearing on Planning Commission Application No. 82026. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. The motion passed. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Application No. 82023 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. R 2. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits; and specifically, should conform to the revisions and requirements set forth in the Assistant City Engineer's memo dated 6- 14 -82. . t 7 -26 -82 -6- 4 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted_prior to the issuance of permits to assure completion of approved site improvements for the entire development. 4. Any outside trash disposal facilities shall be appropriately screened from _ view. S. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. B612 curb and gutter shall be provided around all.parking and driving . areas. 7. All areas regraded,, but not developed according to plan shall be seeded to maintain adequate ground cover for dust control. 8. Plan approval acknowledges the proposed landscape treatment along the east side of the development as acceptable screening in lieu of the ordinance required 4' high opaque fence. 9. Building plan approval comprehends only two two -unit buildings in phase I indicated on the plans as Blocks 5 and 6. Building plan approval for two six -unit buildings in phase I is deferred until the plans have been certified by a registered architect. - 10_ The site plans shall be amended to incorporate a system to supplement natural ground water inflow into the proposed pond_ thus, maintaining a constant water level elevation of 840' (U.S.G.S. Datum). 11. The final plat shall be amended to reflect the changes in the site and building plan submitted on July 12, 1982. _Mayor Nyquist recognized Mr. John DeVries who stated that he would like to address the Council concerning the issues regarding the plans. Mayor Nyquist stated that the Council will not hear anything about private disputes. Mr. DeVries replied .that he is not here to ask. the Council to deny the application but he believed that if the Council approved-the-application without noting his objection to it, it would be unfair to the people- currently living in the Earle-Brown Farm Estates. Mayor Nyquist called for a vote on the motion on the floor. Voting in favor: Mayor Ny_quist, Councilmembers Scott, and Hawes. Voting against:` none. The motion passed. Councilmember Lhotka abstained from the vote. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve Application No. 82026 on the following-grounds: 1. The institutional nature of the abutting R1 use. 2. There is considerable precendent for allowing a reduced buffer adjacent to institutional uses. 3. There would be no detrimental effect on other.residential,property in the area. 7 -26 -82 -7- Voting in favor: Mayor Nyquist, Coupcilnembers Scott, and Hawes. Voting against: none. The motion passed. Councilmember Lhotka abstained from the vote, - FINAL PLAT - HI CREST SQUARE ESTATES The Director of Public Works reviewed the final plat for Hi Crest Square Estates located south of 69th.Avenue North and east of Emerson Avenue North. He noted that the five conditions of approval for the preliminary plat have been met and that the staff finds the final plat in order. He added that the staff has also reviewed the subdivision agreement and the developer has accepted the terms of the subdivision agreement. He added that the staff is recommending approval of the final plat'and subdivision agreement. There was a motion by Councilmember Hawes and seconded by Councilmember Scott to approve the final plat of Hi Crest Square Estates. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against: none. The motion passed. RESOLUTION NO. 82-136 Member Celia Scott introduced the following resolution and moved its adoption.: RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF SUBDIVISION AGREEMENT FOR HI CREST SQUARE ESTATES The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, and Bill Hawes; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RECESS The Brooklyn Center City Council recessed at 8:52 p.m. and reconvened at 9:06 p.m. RESOLUTIONS (CONTINUED) RESOLUTION NO. 82- 137 Member Celia Scott introduced the following resolution and moved its adoption:' RESOLUTION DECLARING COST TO BE ASSESSED AND PROVIDING FOR HEARING ON PROPOSED ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1982 -02 (XERXES AVENUE, 55TH AVENUE, 56TH AVENUE STREET RECONSTRUCTION) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, and Bill Hawes, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Establishing Lions Park West Trailway Improvement Project No. 1982 -18, Central Park /Garden City Trailway Extension Improvement Project No. 1982 -19, Lions Park Tennis Court Improvement Project No. 1982 -20, Civic Center Access Improvement Project No. 1982 -21, Civic Center Parking Lot Improvement Project No. 1982 -22, Approving Plans and Specifications, and Directing Advertisement for Bids (Contract 1982 -J). 7 -26 -82 -8- In discussion of the resolution, Councilmember Hawes inquired whether there was an over -run on the project budget. The City Manager replied that there was a slight over -run from the original estimate, but he pointed out the full amount for the project was never appropriated. Councilmember Hawes stated he could not vote to approve some of the projects in the contract and indicated that too much money was being spent on some of the projects. Councilmember'Lhotka inquired whether the projects contained in the resolution had been approved by the Council previously. The City Manager pointed out the Council voted to direct the City staff "to prepare the plans and specifications for the projects contained in the resolution. ° There was a motion by Councilmember Scott and seconded by Councilmember Hawes to separate the projects contained in the resolution and act on individually. Voting yes. Mayor Nyquist, Councilmembers Scott, and Hawes. Voting no. Council - member Lhotka. The motion passed. Councilmember Hawes stated he approved of the idea of constructing a bridge in Lions Park to the western residential area, but that he can't support the construction of a foot path for $26,000. The Director of Public Works explained that one reason for the high cost of the project is the poor soil conditions in the area, and added that the trail would have to be built on a fabric. Councilmember Lhotka inquired whether the trail project received LAWCON funds. The City Manager explained that it was funded by a LAWCON grant with 90% of the cost paid by federal and state dollars and 10% locally funded. Councilmember Scott commented that she has a problem with the tennis court in Lions Park and noted that the Park & Recreation staff has indicated that existing courts are under - utilized.. She stated that she is also concerned over the.cost of the construction of the tennis court. She added she is also concerned that the trail- way in the western portion of Lions Park would not be utilized. The Director of Public Works stated that the pathway would be an access across Shingle Creek from the neighborhood west of Lions Park to allow people to access the north -south regional trail. He added that it would be possible to downgrade this trail from bituminous to a wood chip trail. Councilmember Hawes stated that he agrees with Councilmember Scott regarding the tennis court construction and also regarding the woodchip trail. The Director of Public Works commented the staff could revise the project plans and return to the City Council. The City Manager pointed out that the tennis court in Lions Park went through as a recommendation of the Park & Recreation Commission. ' The Director of Public Works suggested that a motion to amend the plans be adopted but that the plans could still be included in a package contract. Councilmember Lhotka suggested that the projects be presented at the next Council meeting and that they could reflect the amendments the Council has made this evening. Councilmember Scott added that she does not object to the construction of a tennis court in Lions Park but only to the cost of the project. Mayor Nyquist suggested laying over consideration of the projects until the next Council meeting. 7 -26 -82 -9- There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to table the Resolution Establishing' Lions Park.West Trailway Improvement Project No. 1982 -18, Central Park /Garden City Trailway Extension Improvement Project No. 1982 -19, Lions Park Tennis Court Improvement Project No. 1982 -20, Civic Center Access Improvement Project No.- ,1982-,21, Civic Center Parking Lot Improvement Project -' No._ 1982 -22, Approving Plans and Specifications, and'Directing Advertisement for Bids (Contract 1982 -J) to the first Council meeting in August at which time the _ amended projects will be considered by the City Council. Voting in favor: Mayor Nyquist, Council'members-Lhotka, Scott, and Hawes. Voting against: .none. The motion passed. The City Manager introduced a Resolution Establishing Fuel Dispensing System Improvement Project No. 1982 -23, Approving Plans and Specifications, and Directing Advertisement for Bids (Contract 1982 -K) In to an inquiry by Council - .member Lhotka, the City Manager explained that the fuel dispensing system would be an electronic computerized system designed so that records can be kept without hand recording. He pointed out that $14,000 is the total cost of the project. including installation. The Director of Public Works noted that the system will also - improve security with regard to fuel dispensing. RESOLUTION NO. 82 -138 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING FUEL DISPENSING SYSTEM IMPROVEMENT PROJECT NO. 1982 -23, APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS (Contract 1982 -K) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, and Bill Hawes; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Commending the Brooklyn Center Police partment. The City Manager pointed out that the recent homicide in Brooklyn Center was a very difficult case, and that it was handled extremely well and in a very organized professional manner by the Police Department. He added that the case was solved very quickly and that all members of the Police Department should be commended for their efforts. Councilmember Lhotka stated that he agrees with the City Manager and that he believes the Police Department did a tremendous job in this difficult situation. RESOLUTION NO. 82 -139 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION COMMENDING THE BROOKLYN CENTER POLICE DEPARTMENT The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted.in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, and Bill Hawes; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 7 -26 -82 ° -10- DISCUSSION ITEMS ORDINANCE AMENDING CHAPTER 1 OF THE CITY ORDINANCES REGARDING PRIVATE KENNEL LICENSES The City Manager explained that this item is related to the Open Forum request made by Mr. Jesse Sandoval, 5548 Logan Avenue North, at -the June 28; 1982 City Council meeting concerning. Section 1 -106 of the City Ordinances regarding limiting the number of dogs per household. He explained that the private kennel license has been used in neighboring communities but also pointed out that the use of the private kennel license opens up options along with problems. He added that the staff is proposing an ordinance amendment in conjunction with the private kennel license which would coordinate dog licenses with rabies vaccinations. He pointed out that the license would run concurrently with the length of the immunization for rabies. He added that the staff is not requesting a first reading this evening but that the ordinance is presented on the agenda for discussion purposes only. Councilmember Lhotka requested the staff to comment on the possibility of issuing a temporary private kennel license rather than one that goes on year after.year. The City Manager stated that language could be developed by the staff which could provide for the issuance of a private kennel license for one year. Councilmember Scott stated that she is bothered by the definition of animal in the ordinance, especially concerning wild animals, and stated that she is concerned that people may be allowed to keep wild animals. The City Attorney pointed out that some cities have ordinances stating that wild animals are not permitted to be kept in the City or that animals not native to Minnesota are prohibited. He added that he thinks the staff could work out an ordinance.to regulate the keeping of wild animals that are dangerous to human beings. The City Manager stated that the City Attorney and Administrative Assistant Bublitz could redraft the ordinance in a more comprehensive fashion and present it to the Council. Councilmember Lhotka inquired of the City Attorney whether the kennel license could be temporary so that it could be reviewed periodically by the City Council. The City Manager stated that the staff can prepare two alternatives for Council consid- eration regarding the issuance of kennel license. JOINT POWERS AGREEMENT TO RETAIN THE SERVICES OF WENDELL R. ANDERSON AS A LOBBYIST FOR NORTH CROSSTOWN HIGHWAY (T.H. 610) The City Manager explained that several of the Northwest Suburban Communities have retained the services of Wendell R. Anderson to represent their interests in promoting and financing the construction of the proposed North Crosstown. He added that the City of Brooklyn Center has been invited to become a part of the joint powers agreement. Mayor Nyquist expressed a concern about the geography of the project and added that he has a problem with the way the costs are allocated since several of the communities will be closer to the Crosstown than Brooklyn Center. Councilmember Hawes added that he does not think the City would benefit enough from this project to justify the expenditure involved. Councilmember Lhotka stated that he believes the 610 Crosstown is a waste of dollars, and that Brooklyn Center would lose by having the project and that he would not vote for it. Councilmember Scott stated that -she agrees with Mayor Nyquist and indicated that she believes Brooklyn Center will not benefit that directly from the project to justify the cost of retaining a lobbyist. 7 -26 -82 - -11- Mayor Nyquist recognized Lonnie McCauley, Executive birector of the Brooklyn Center Chamber of Commerce. Ms. McCauley stated that.the Chamber issued a resolution of support for the North Crosstown and that she believes Brooklyn will benefit from the project. She added that Highway 252 is phase 1 of. the project and that the business community is supportive of the North Crosstown Project and Highway 252. Mayor Nyquist suggested that a resolution of support for the project could possibly be drafted and that the City could possibly give some funding to the project without rt becoming a party to the-joint-powers agreement. The City Manager stated the staff would prepare additional information for Council consideration regarding the project. - STAFF REPORT ON SUNDAY BRUNCH LAW The City Manager reviewed the decision of Attorney General's office regarding the Attorney General's opinion on the implementation of the Sunday Bruch Law. He stated that the Attorney General's opinion states that the City can extend the hours for berving intoxicating liquors by ordinance without a referendum. Councilmember Lhotka indicatted he would have no problem with the ordinance. The City Manager stated he would refer the matter to the City Attorney and Administrative Assistant Bublitz to prepare ordinance language for a first reading at the next City Council meeting. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Scott to- adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, and Hawes. Voting against: none. The motion passed.. The Brooklyn Center City Council adjourned at 10:30 V m. 4 Z erk Mayor 7 -26 -82 ' -12- $