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HomeMy WebLinkAbout1979 01-08 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 JANUARY 8, 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 7:12 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott, Also present was 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, City Clerk Al Lindman, and Administrative Assistant Mary Harty. INVOCATION The invocation was offered by Councilmember Kuefler. APPROVAL OF MINUTES - DECEMBER 18 1978 Motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the minutes of the City Council meeting of December 18, 1978 as submitted. Voting in favor: Mavor Nvauist, Councilmembers Kuefler, Fignar, Lhotka, and Score. Voting against: none. The motion passed unanimously. OPEN FORUM Mayor Nyquist opened the meeting for the purposes of the Open Forum session. Mayor Nyquist noted no one had called in prior to the City Council meeting to speak at the Open Forum. Mayor Nyquist inquired if there was anyone present who wished to address the Council during the Open Forum; there being none, Mayor Nyquist proceeded with the rest of the meeting. The City Manager stated there were two items he wished to cover which had not been listed on the agenda He invited Council members to attend the Housing Commission meeting to be held Tuesday evening, January 9, 1979, The Chairperson of the Housing Commission had requested the City Manager invite Council members to attend the meeting because the Housing Commission will be discussing the housing plans for large family low income housing. The meeting begins at 7:30 p.m. at City Hall. The City Manager next reviewed the Howe Fertilizer fire situation to date. He noted some people had been overcome by carbon monoxide fumes not specifically from the fire but from equipment that was running, The City Manager noted there were many agencies involved in assessing the fire and the potential pollution and health problems resulting from the fire, The City Manager explained many of the agencies such as the Environmental Protection Agency, State Agriculture, Health and the Pollution Control Agencies were presently working with the Howes to 1 -8 -79 -1- assess the possible pollution problem. He noted temporary disposal sites had been established for run -off pollution. He further noted the Agriculture Department was trying to determine the toxicity potential resulting from the fire. The City Manager stated there was a good listing of what was contained in the building that burned. The City Manager explained there was no threat to the City's water supply from the fire. He noted there was a possible threat to shallow water wells located- in the City but that all residents with shallow water wells had been contacted. The building which burned was a storage shed and garage. The City Manager explained he had received a request from the Howes to build a temporary building to replace the building that burned. The City Manager explained there was no provision in the State Building Code for temporary buildings other than a temporary building to protect workers while working on another structure. The City Manager noted he had scheduled a meeting with the Howes for Tuesday, January 9 at which time the City administration would be able to assess the request to build a temporary building after more information had been acquired. The key issue in approval or nonapproval of the request is what the purpose of the building would be and what might be housed in the building. The City Manager further explained the investi- gation into the cause of the fire had been initiated but the final results of the investigation would not be completed for some time. The City Manager explained that both the cold and the smoke made the fire fighting difficult but the wind was favorable in terms of not having to evacuate the homes in the area. Councilmember Fignar questioned the City Manager about police surveillance of the area. The City Manager explained there presently was not 24 hour police giirvPillancre in the arPn herausP it was unnPcessary but the police were c;hPC -king the site frequently and had dealt with traffic control in the perimeter area dui iiig the fire fighting operation. In response to questions from Councilmember Kuefler, the City Manager explained Brooklyn Center had utilized services available under mutual aid and the Cities of Robbinsdale, Crystal, Brooklyn Park and New Hope had helped to fight the fire. Councilmember Lhotka wished to note recognition to the Fire Department and the Police Department for their professionalism in handling the problem, Mayor Nyquist asked about an announcement put out by the PCA indicating that some people may be in danger as a result of the pollutants from the fire. The City Manager explained that some inaccurate information had been disseminated by a Howe employee. This inaccurate information may have caused that earlier announcement. The City Manager noted officials have stated they are satisfied there is no danger to people in the area from pollutant run -off. Noting the time of 7:30, the Mayor again asked if anyone in the audience wished to speak at the Open Forum; there being none, the Open Forum was closed. ADJOURN 1978 CITY COUNCII. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to adjourn the 1978 City Council meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. 1 -8 -79 -2- ADMINISTRATION OF OATH OF OFFICE The City Clerk was present to administer the oath of office to Councilmember - elect Bill Fignar and Councilmember -elect Tony Kuefler. The oath was administered. CALL TO ORDER 1979 CITY COUNCIL Mayor Nyquist called the 1979 City Council to order at 7:35 p.m. SELECTION OF MAYOR PRO TEM There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to appoint Councilmember Bill Fignar as the Mayor Pro Tem. Voting in favor:• Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously, The Mayor noted the City Charter provides that "the Council shall choose from its members a President Pro Tem which shall hold office at the pleasure of the Council and shall serve as President in the Mayor's absence and as Mayor in the case of the Mayor's disability or absence from the City," Although the Charter does not so specifically require, it is traditional that the Council selects a Mayor Pro Tem at its organizational meeting, DESIGNATION OF OFFICIAL NEWSPAPER There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to designate the Brooklyn Center Post as the official City newspaper for the year 1979. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. DF_..RTC,NATTnN OF CITY WEED INSPECTOR There wd6 d InuLiuii !Jy uC7Ltnuilrie iiuCi U11 r,d ctiiu at �u��U U 1i vv�lit�.iiti+cu+j Fignar to designate the City Clerk, Al Lindman, as the City Weed Inspector for the year 1979. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. BOND REDUCTIONS The City Manager recommended the following performance bonds for reduction: Century 21 - Lowry Realty office building located at 7000 Brooklyn Boulevard submitted by Mr. Richard Rockstad to be reduced to $5,000, Westbrook Mall Shopping Center (Gabbert & Beck) located at 5717 Xerxes Avenue North submitted by Mr. Warren Beck to be reduced to $5, 000 . There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the bond reductions as recommended by the City Manager. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. REDUCE SUBDIVISION BOND The City Manager recommended reducing the subdivision bond for Robert Barr Addition from $1,870 to $500. The subdivision is located at Lakeside and Twin Lake Avenue North. There was a motion by. Councilmember Scott and seconded by Councilmember Kuefler to reduce the subdivision bond for Robert Barr Addition from $1,870 to $500. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, 1 -8 -79 -3- and Scott. Voting against: none. The motion passed unanimously. APPOINTMENTS The Mayor explained that the terms of several Commissioners from the City Advisory Commissions had expired December 31, 1978. Several of those Commissioners had expressed an interest in serving another term. Sylvia Winkelman of the Conserva- tion Commission and Michael Schroeder of the Park and Recreation Commission had indicated they wished to resign from their respective Commissions. This leaves one vacancy on the Conservation Commission and one vacancy on the Park and Recreation Commission. As Council Liaison to the Conservation Commis- sion, Councilmember Scott asked that the appointment to the Conservation Commission be deferred until the next Council meeting. As Council liaison to the Park and Recreation, Councilmember Kuefler asked that the appointment to the Park and Recreation Commission be deferred until the next Council meeting. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve the following appointments to the City's Advisory Commissions Edith Johnson -Human Rights Commission, William Price and Bernard Wesloh- Conservation Commission, Gerald Johnson and Vern Velasco -Park and Recreation Commission, Dolores Hastings, Karen Duenow, and Patricia Weitzel- Housing Commission. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scotto Voting against: none. The motion passed unanimously,` There was a. motion by Councilmember Scott and seconded by Councilmember t;l,1e11er LlJ p1E'jJC11e lCDV1ULLl)LLs va. Laaau yau�a�uuv ..� s c Commissioners who had served on the City Advisory Commissions and were resigning and also to Vi Kanatz who has resigned from the Charter Commission. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott Voting against: none. The motion passed unanimously. RESOLUTION NO. 79 -1 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES 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 -2 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY 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; 1 -8 -79 -4- and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 79 -3 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE CAMDEN NORTHWESTERN STATE BANK A DEPOSITORY OF CITY FUNDS 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 -4 ° Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE FIDELITY BANK AND TRUST COMPANY A DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO , 79 -5 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE FIRST BROOKDALE STATE BANK A DEPOSITORY OF CITY FUNDS 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 -6 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE FIRST NATIONAL BANK OF MINNEAPOLIS A DEPOSITORY OF CITY FUNDS 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. 1 -8 -79 -5 RESOLUTION NO. 79 -7 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE FIRST PLYMOUTH NATIONAL BANK A DEPOSITORY OF CITY FUNDS 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 -8 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE HENNEPIN FEDERAL SAVINGS AND LOAN ASSOCI- ATION A DEPOSITORY OF CITY FUNDS 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, Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE HOME FEDERAL SAVINGS AND LOAN ASSOCI- ATION A DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by- member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 79 -10 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE MARQUETTE NATIONAL BANK A DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the fc.11owing 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 -11 Member Bill Fignar introduced the following resolution and moved its adoption: 1 -8 -79 -6- RESOLUTION DESIGNATING THE MIDWEST FEDERAL SAVINGS AND LOAN ASSOCIATION A DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia` Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, RESOLUTION NO. 79 -12 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING THE TWIN CITY FEDERAL SAVINGS AND LOAN' ASSOCIATION A DEPOSITORY OF CITY FUNDS 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. In discussion of the designation of several banks as depositories of City funds, Councilmember Fignar suggested the City might wish to consider the Summit Bank of Richfield, Brooklyn Center branch, as a future depository of City funds, The Director of Finance indicated the Brooklyn Center branch of the Summit Bank of Richfield had not approached the City on this matter, which was the accepted procedure. RESOLUTION NO. 79 -13 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO FILE AN APPLICA- TION FOR A GRANT TO ACQUIRE AND DEVELOP OPEN SPACE LAND UNDER THE PROVISIONS OF THE FEDERAL LAND AND WATER CONSERVATION FUND ACT AND THE STATE NATURAL RESOURCE 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, RESOLUTION NO, 79 -14 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO FILE AN APPLICA- TION FOR A GRANT TO ACQUIRE AND DEVELOP OPEN SPACE LAND UNDER THE PROVISIONS OF THE FEDERAL LAND AND WATER CONSERVATION FUND ACT AND THE STATE NATURAL RESOURCE FUND 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 1 -8 -79 -7- 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 -15 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF AN ENERGY CONSERVATION ANALYSIS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, RESOLUTION NO. 79 -16 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING A PROPOSED AMENDMENT TO THE HENNEPIN COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL OPERATIONAL BYLAWS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and "I 1. _. _ C? �... LJ.. r .7 s L. _ r.., l t ... s _ ,� t 1. L. .... _ ... — .. ..... 3 .7 VelLa "Gott; tutu L11G 1Vi1VVVL4AV li VtGU a ga inst 1.11r. sam,a: ,L Vit G, ry Ltt 1.v.a 3 U LU - resolution was declared duly passed and adopted, RESOLUTION NO 79 -17 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1979 GENERAL FUND BUDGET TO PROVIDE FOR WAGE AND SALARY ADJUSTMENTS 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: Dear} 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 -18 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1979 GENERAL FUND BUDGET TO PROVIDE FOR CETA EMPLOYEES EXTENSION 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, -8- RESOLUTION NO. 79 -19 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1979 GENERAL FUND BUDGET TO PROVIDE FOR CETA EMPLOYEES EXTENSION IN THE DETACHED WORKER PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 79 -20 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. JAMES BOOK 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 -21 Mcmher Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MRS. DEBORAH JACOBSON 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 -22 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. GILBERT ENGDAHL The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 79 -23 Member Gene Lhotka introduced the following resolution and moved its adoption: 1 -8 -79 -9- N N RESOLUTION AUTHORIZING THE PURCHASE OF SOILS INVESTIGATION SERVICES FOR STREET IMPROVEMENT PROJECT NOS, 1978 -38 AND 1978 -44 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 79 -24 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID FOR FRONT END LOADER The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, RESOLUTION NO, 79 -25 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS TO FURNISH AND INSTALL A CITY HALL. 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, ORDINANCE NO 79 -1 Member Tony Kuefler introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES RELATIVE TO THE REZONING OF THE SLAUGHTERHOUSE PROPERTY 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: 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. Mayor Nyquist abstained. DISCUSSION ITEMS The City Manager introduced the first item of discussion, the Critical Areas Plan. He noted the Director of Planning and Inspection was prepared to review the Critical Areas Plan. The Director of Planning and Inspection explained the draft of the Brooklyn Center Critical Areas Plan was a working copy document. The document had been received earlier Monday prior to the Council meeting, Upon 1-B -.7.9 ; -10- review and approval of the Plan by the City Council, recommended adjustments will be made to the document. The final document, as approved, will be distributed to the Metropolitan Council and the Minnesota Environmental Quality Board for a formal review. The City must make final adoption of the Critical Areas Plan within thirty days of final Environmental Quality Board approval. The Director of Planning and Inspection suggested that he would briefly review the document and the Council could study the document further prior to the January 22 City Council meeting, at which time the City Council will be asked to consider approval of the document. hi response to questions from the Council, the Director of Planning and Inspec- tion explained in November, 1976, Governor Wendell Anderson had designated the Mississippi River corridor through :the Twin Cities metropolitan area as the second of the State's critical areas. This designation was initiated by a citizens' league committee which had studied the river corridor. The area to be included in this critical area was legally described. ° Also in response to questions from the Council, the Director of Planning and Inspection explained the Critical Areas designation does not necessarily place another level of bureaucracy on the property owners in the area. The Environ- mental Quality Board has stated that the Critical Areas designation actually restores more local control to the area. The Director of Planning and Inspection noted the Consultant recommends leaving the area primarily as is, The Director of Planning and Inspection briefly reviewed the process which had bt-an used to formulate the recommended Critical Areas Plan. The City Advisory Cuiiiw15:j1U115 a1 Lhe J. Veighliorliouu Advisof %GiUl.ps VveTC l IVLLCU to attend a Planning Commission meeting in October in order to lay out the process for putting together the Critical Areas Plan, The first public rearing on the Critical Areas Plan was helot on November 16. Members of the City Advisory Commissions and the Neighborhood Advisory Groups and all other interested citizens were invited to attend that public hearing to provide public input on the first phase of the Critical Areas Plano The second public hearing was held December 21 at which time the second phase of the Critical Areas Plan was discussed. Again, the City Advisory Commissions and the Neighborhood Advisory Groups and all other interested citizens were invited to the public .hearing in order to provide public input on the plan. The Director of Planning and Inspection also noted that although the Critical Areas Plan is not the vehicle for a recommendation concerning the upgrading of 169, the Consultant did look at the question of the upgrading of 169 and has included a recommendation for the upgrading of 169 based on projected needs. The recommendation of the Consultant is to construct a frontage road along the the present 169 right -of -way and construct a possible four lane at grade roadway westerly of the present 169 right -of -way with a recommendation to hold speeds at approximately 45 miles per hour. The Director of Planning and Inspection noted he saw this recommendation as a viable alternative at this time. This recommendation would mean removal of much of the west side of West River Road. The. Director of Planning and Inspection further noted the reason the recommendation was being made at this time was because the City of Brooklyn Center is currently involved in the Critical Areas Plano The 1-8-79 -11- Consultant has given a preliminary report on what might be feasible in terms of the upgrading of 169. The process for a determination of what will be done with 169 is in the beginning stages. As the process proceeds there will be public hearings and environmental impact statements as well as other studies. The Director of Planning and Inspection did note that the proposed bridge over the Mississippi River at 95th Street will increase traffic in the area of 169 north of 694 by 100 %; however, if a northtown crosstown was not constructed there will be a dramatic increase in traffic on 169 north of 694. The Director of Planning and Inspection then explained that the premise in the Environmental Impact Statement for the area is that Highway 169 should not have to carry a greater burden of traffic than the roadway on the east side of the river. Upgrading 169 as a four lane at grade roadway would facilitate this. Upgrading 169 as a freeway roadway would draw more traffic to the west side roadway. In response to questions concerning an erosion of the tax base due to using taxable property as right -of -way for an upgraded 169, the Director of Planning and Inspection explained questions such as these would be included in the Environmental Impact Statement, The Director of Planning and Inspection explained the Critical Areas Plan deals with many other factors other than the upgrading of 169. He explained adoption of the Critical Areas Plan is not an adoption of the recommendation to upgrade 169. The Director of Planning and Inspection briefly reviewed the actual Critical Areas Plan document noting the Council should pay particular attention to the goals and policy guidelines as listed in the document. The Director of Planning and Inspection briefly reviewed the maps which had been included in the document. He suggested the Council should review the document and discuss approval of the document at the January 22 City Council meeting. A PPROVAL OF CONTRACT The City Manager introduced the next discussion item, an approval of a contract with the Suburban Community Services for the delivery of services for the handicapped, The City Manager recommended a motion approving the contract. Under the contract with Suburban Community Services, a part -time professional person would be hired to coordinate the existing programs forthe handicapped within eight suburban communities. The City Manager noted the cost to each community for this service would be less than the amount appropriated for this activity for 1978. There was a motion by Councilmember Lhotka and seconded by , Councilmember Scott to approve the contract with the Suburban Community Services for the delivery of services for the handicapped. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. ANNUAL WATER ASSESSMENT GRADE ADJUSTMENT CORRECTION The City Manager explained at the December 18, 1978 City Council meeting, the Director of Public Works informed the Council of the extent of increase in water 1 -8 -79 . w -12- assessment rates. Pursuant to Resolution No. 74 -45 the City's water assessment policy comprehends an automatic annual adjustment by the change in the Twin City area Consumer's Price Index from October to October of the preceding year. The annual percentage increase from October, 1977 to October, 1978 amounts to 10.3 %, changed from a front footage rate from $14.47 to $15.95 and the area rate from $4.46 to $4.92 per one hundred square feet, and the single family rates from $1,418 to $1,564 per unit. The increase was incorrectly stated in the December 18 agenda as an increase from $1 418 to $1 ,455 rather than the correct increase from $1,418 to $1,564. A motion approving the rate adjustment was passed at the December 18 Council meeting A motion approving the corrected rate adjustment is recommended at this time. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to approve the corrected rate adjustment. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka., and Scott. Voting against: none. The motion passed unanimously, LICENSES - There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the following list of licenses: CIGARETTE LICENSE B -K Vending Company 7263 Washington Ave. So. Northern States Power 4501 68th Ave. No, Brookdale Cinema - 5801 John Martin Drive Brooks Superette 6800 Humboldt Ave. No. Dean's Vending P. 0. Box 380 Brookdale Motel 6500 Lyndale Ave. No. TM - - -�_ r,tv �,___ cnnn n „r_i..� nl,,A 1 - luane s V11 lilC'i VI/VV 1J11JV111Y11. LiVl.a• R. E. Fritz Company 8511 10th Ave. No. Bob Ryan Olds 6700 Brooklyn Blvd. Ideal. Northbrook Drug 6800 Humboldt Ave. No, Jerry's Super Valu 5801 Xerxes Ave. No K -Mart 5930 Earle Brown Drive Lemon Tree Restaurant 5540 Brooklyn Blvd. Midwest Vending Company 8645 5th Ave. So. Brookdale Chrysler Plymouth 6121 Brooklyn Blvd. Rog & Jim's Superette 6912 Brooklyn Blvd. Service Systems Corporation Soo Line Building Northwestern Bell 5910 Shingle Creek Pkwy. Servomation 4301 68th Ave. No. Brooklyn Center Post Office 6848 Lee Ave. No. Dayton's Brookdale Shopping Ctr. Donaldson's Brookdale Shopping Ctr. Iten Chevrolet 6701 Brooklyn Blvd. J. C. Penney's Brookdale Shopping Ctr. State Farm Insurance 5930 Shingle Creek Pkwy. Snyder Brothers Drug Brookdale Shopping Ctr Twin City Vending Co 1065 E Hwy 36 Earle Brown Farm Ind. Park 6100 Summit Drive Viking Pioneer Dist. Co. 5200 W. 74th St. LaBelle's 5925 Earle Brown Dr. 1 -8 -79 -13- COMMERCIAL KENNEL LICENSE Brooklyn Pet Hospital 4902 France Ave. No, K -Mart 5930 Earle Brown Dr. FOOD ESTABLISHMENT LICENSE Chuck Wagon Inn 5720 Morgan Ave. No. Farrell's Ice Cream Parlor 5524 Brooklyn Blvd. GASOLINE SERVICE STATION LICENSE Brooklyn Center Post Office 6848 Lee Ave. No. Duane's OK Tire 6900 Brooklyn Blvd, Green Meadows 3319 49th Ave. No. Northern States Power Co. 4 501 68th Ave. No. LODGING ESTABLISHMENT LICENSE Brookdale Motel 6500 Lyndale Ave. No. MECHANICAL SYSTEM'S LICENSE Cool Air Mechanical 1067 Rice Street NONPERISHABLE VENDING MACHINE LICENSE JEM Bowl, Inc, 104 E. 60th St. Earle Brown Bowl 6440 James Circle OFF -SALE NONINTOXICATING LIQUOR LICENSE Rog & Jim's Superette 6912 Brooklyn Blvd. SuperAmerica Stations, Inc. P. 0. Box 248 SuperAmerica 6545 W River Road Zayre Shopper's City 3600 63rd Ave. No. PERISHABLE VENDING MACHINE LICENSE JEM Bowl, Inc. 104 E. 60th St. Earle Brown Bowl 6440 James Circle � r TAXICAB LICENSE Town Taxi Corporation 7440 Oxford Street Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scotto Voting against: none. The motion passed unanimously. 1 -8 -79 -14 ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Kuefler to adjourn the City Council meeting, Voting in favor: Mayor Nyquist, Council - members Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8 :45 p.m. Clerk May 1 -8 -79 -15-