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HomeMy WebLinkAbout1978 10-30 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION OCTOBER 30, 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. ROL CALL Mayor Dean Nyquist, Counciimembers Tony Kuefler, Bill Fignar, Gene Lhotka, F -nd Celia Scott. Also present were City Marager Gerald Splinter, Director of Public Works James Merila, City Attorney Rt.hard Schieffer, Director of Finance Paul Holmlund, Director of Planning and Inspection Ron Warren, Superintendent of Engineering James Noska, Building Inspector Andy Alberti, and Administrative A.,:,istants Mary Harty and Brad Hoffman. i ! CATIO N IA invocation was offered by Pastor Lindquist of Brookdale Covenant Church. I''ojiowing the invocation, Mayor Nyquist thanked Pastor Lindquist for his service t- ti-ie City as Pastor of Brookdale Covenant Church and offered Pastor Lindquist the- best wishes of the City in his move to another church. A " OVAL OF MINUTES - OCTOBER 16, 1978 Motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the minutes of the City Council meeting of October 16, 1978 as submitted. Voting iii favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. _ "_PEN FORUM Mayor Nyquist opened the meeting for the purposes of the Open Forum explaining no one had req�:ested to appear at the Open Forum prior to the Council meeting. Thr Mayor recognized Mr. Lee Snapko of 6931 West Palmer Lake Drive who wished to present a petition to the Council from the residents of West Palmer Lake Drive from 69th to Violet Avenue. The petitioners requested that a stop sign be installed at the corner of West Palmer Lake Drive and Urban Avenue. Mr. Snapko stated the r 3.�idents wished a stop sign installed for the following reasons: a stop sign would significantly reduce the occurrence of vehicle speeding in the area; additionally, a stop sign would significantly reduce the occurrence of vehicles missing the curve at Urban Avenue and West Palmer Lake and destroying yards, trees and fire hydrants. The petitioners requested the stop sign because of the following characteristics of the area (according to the petitioners): the residents have noticed an increased amount of excessive speeding in the past few years; West Palmer Lake Drive is a riz- jor walkway for students at Palmer Lake Elementary School; the corner of West Palmer Lake Drive and Urban is a loading /unloading stop for school bussing to 3.0 -30 -78 -1- secondary and high school in Brooklyn Park, increased use of West Palmer Lake Park for sport programs (baseball, soccer, tennis); increase in the number of small children in the area during the last six to ten years, Mr. Snapko explained the City Engineer had conducted a traffic study in the area but the residents disagreed with the results of the study. In response to a question from Mayor Nyquist, Mr, Snapko stated the study had been conducted in late August and early September when many of the park programs were finished and, therefore, the traffic study did not present an accurate picture. The Director of Public Works explained six traffic counts had been conducted in a time span from 3 :30 p.m, to 8:00 p.m. on various days. The speeding survey shows approximately 95% of the traffic traveling in the area are traveling at 35 miles per hour or less. Traffic enforcement experts feel this is a good enforce - ment level. The Director of Public Works noted speeding does seem to occur two blocks north of Urban Avenue and a stop sign on Urban would not alleviate this problem. He further noted there were very few reported accidents, in the area although it appears there are more accidents which are unreported. The Director of Public Works stated it was his recommendation to install advisory curve signs with a 25 mile per hour speed recommendation. He further indicat.-i3 the amount of traffic, according to the traffic count, is not excessive. Placing stop signs at West Palmer Lake and Urban Avenue would create a stop and start phenomenon. Councilmember Lhotka referred to earlier comments made by the City Mansgor that there seems to be a disregard for stop signs in the City. The City Manager briefly explained earlier comments about a seeming disregar. for stop signs in the City, noting many people roll through stop signs or don't stop at all. He explained there is a danger in putting up too many stop signs in a residential area because people, especially children, begin to count or. the stop sign. The 5% of people exceeding the speed limit and particularly those drivers under the influence of alcohol are likely to continue speeding through the area and, furthermore, may not obey the stop sign. Stop signs are not necessarily a good speed control mechanism, Councilmember Fignar asked whether the presence of a school and park at the end of the street lends credence to the request for a stop sign in the arc i. Councilmember Kuefler questioned The use of speed advisory signs. The Director of Public Works stated there were speed advisory signs in the area of France Place which seem to be effective. The Director of Public Works explained his concern over stop signs was due to in part to the phenomenon of "moving the problem elsewhere". If stop signs are installed on West Palmer Lake Drive and Urban Avenue, the traffic generally moves and different sorts of problems are created elsewhere. The Director of Public Works suggested additional traffic studies could be conducted in the area in order to evaluate the need for a stop sign. Mr. Snapko questioned the Council as to what further action might be taken if 10 -30 -78 -2- the Council decides not to install stop signs in the area. The Mayor noted there was no other action to be taken. The City Manager stated additional traffic and. pedestrian counts would be taken in the area and staff would report the results to the Council in approximately three weeks. pP Y e eeks o The City Manager indicated Mr. Snapko would be contacted concerning a date for future consideration of this issue. Councilmember Lhotka presented a petition for Mr. Rich Armstrong because Mr. Armstrong was notable to attend the Council meeting. The petition stated the residents and property owners in the City of Brooklyn Center, for the safety and welfare of children and ourselves request the following: stop signs installed on Logan Avenue in a north and south direction. at these locations: intersection of 56th and Logan, and intersection of 55th and Lcnan because of excessive speed on Logan Avenue. There were 20 signers of the petition. Councilmember Lhotka presented the petition to the Council for Council consideration. Mayor Nyquist closed the Open Forum for the October 30, 1978 meeting. A PPROVAL OF ELECTION JUDGES FOR THE GENERAL ELECTION A list of election judges has been compiled by the City Clerk which includes replacements and additional judges added to those judges already approved for the primary election. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to approve the election judges for the general election. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. R ESOLUTIONS The City Manager recommended the resolution authorizing the purchase of 744 linear feet of 14" window stool. It is recommended the quotation of Peabody Enterprises in the amount of $2,976 be accepted. The material will be used to replace cement cap blocks on the window ledges. RES OLUTION NO. 78 -241 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF 744 LINEAR FEET OF 14" WINDOW STOOL The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill' Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager recommended a resolution to transfer funds from the Federal Revenue Sharing Fund Budget to the General Fund. It is recommended the amount of $70,779.34 be transferred from the Federal Revenue Sharing Fund Budget to the General Fund. These appropriations were previously approved by the City Council. 0 -30 -78 -3- RESOLUTION NO. 78 -242 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION TO TRANSFER FUNDS FROM THE FEDERAL REVENUE SHARING FUND TO THE GENERAL 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 recommended a resolution authorizing the issuance of temporary improvement notes in the amount of $35,.000, RESOLUTION NO. 78 =243 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVEMENT NOTES 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 recommended a resolution accepting bids and approving contract form for Utility Contract No. 1978 -S. Bids were scheduled to be opened at I1 :00 a.m. on Monday, October 30, 1978. The contract contains Water Main Improvement Projects No. 1978 -31 and 1978 -40A, and the Storm Sewer Improvement Projects No. 1978 -32 and 1978 -35. Project 1978 -40A is for lowering the water main for the Shingle Creek Relocation Project No. 1978 -40, while the remaining utility projects are in Unity Avenue North for "The Ponds" development. RESOLUTION NO. 78 -244 Member Gene Lhotka introduced the following resolution and moved its adoptiu:l: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (UTILITY CONTRACT 1978 -S) 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 recommended a resolution authorizing the purchase of 16" ductile -iron pipe for Water Main Improvement Project No. 19;'8 -40A. He explained it Is recommended the quotation of Griffin Pipe Products be accepted for the 16" ductile - iron pipe necessary for lowering the water main for Shingle Creek Relocation Project No. 1978 - -40, 10 -30 -78 -4- The Director of Public Works explained the price received from Criffin is more than the price received from Davies but Davies pipes are not available for four to six weeks. The four to six week delay would cause problems for the City, thus it is recommended the quotation of Griffin Pipe Products be accepted. RESOLUTION NO. 78 -245 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF 60' OF 16" DUCTILE IRON PIPE FOR WATER MAIN IMPROVEMENT PROJECT NO. 1978 -40A The motion for the - adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken Thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution Was declared duly passed and adopted, The City Manager recommended a resolution authorizing the purchase of fittings for Water Main Improvement Project No. 1978 -40A. It is recommended the quotation of Davies Water Equipment Company be accepted for the cast iron fittings necessary for lowering of the water main for the Shingle Creek Relocation Project No. 1978 -40, The Director of Public Works again noted the price quoted by Davies is slightly higher than the price quoted by another company but the pipes are immediately available from Davies and this immediate availability will facilitate the initiation of , .he project. RESOLUTION NO. 78 -246 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF 16" CAST IRON WATER MAIN FITTINGS FOR WATER MAIN IMPROVEMENT PROJECT NO. 1978 -40A 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 recommended a resolution accepting work for Curb and Gutter Improvement Project No. 1978-2. He noted Halvorson Construction Company has satisfactorily completed the work under Contract 1978 -M for the above project located along 70th Avenue North between T.H. 152 and Kyle Avenue North. RESOLUTION NO. 78 -247 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK UNDER CONTRACT NO. 1978 -M (CONTRACTED BY CITY) 10 -30 -78 -5- I 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 I declared duly passed and adopted. The City Manager recommended a resolution accepting work for Curb and Gutter Improvement Project No. 1978 -28 H n Halvorson C Com pany, � p 7 e n oted alvorso Co structio had satisfactorily completed the work under Contract 1978 -N for the above project located on James Circle from Freeway Boulevard to the south. RESOLUTION NO. 78 -248 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK UNDER CONTRACT NO. 1978 -N (CONTRACTED BY CITY) The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager recommended a resolution authorizing the purchase of aerial survey work for the 53rd Avenue street upgrading and Improvement Projects 1978 -38 and 1978 -39. Quotations have been solicited for aerial survey work for 53rd Avenue North between 4th Street and Penn Avenue North. The work will consist of aerial photography and supplying reproducible plan and profile sheets with the topography shown on the plans in the form of aerial ,photos. The format is expected to save a considerable amount of field survey and drafting work. In a response to questions from Councilmember Kuefler, the Director of Public Works explained the cost of the aerial survey work will be split between the City of Minneapolis and the City of Brooklyn Center but the cost is not reimburs- II I able le from the State Highway Department for freeway construction. The cost of $1,680 will be split between Minneapolis and Brooklyn Center. In a response to a question from Councilmember Lhotka, the Director of Public Works explained the contractor will take aerial photos and those photos on clear trans- parencies eliminating much of the field survey and drafting work. The savings for the elimination of the survey and drafting work will offset the- -cost of the aerial photos RESOLUTION NO 78 -249 Member Celia Scott introduced the following resolution and moved its adoption RESOLUTION AUTHORIZING THE PURCHASE OF AERIAL SURVEY MAPPING SERVICES FOR STREET IMPROVEMENT PROJECT NOS. 1978 -38 AND 1978 -39 r The motion for the adoption of the foregoing resolution wa 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 10 -30 -78 -6- Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, The ,City. Manager recommended a resolution amending the 1978 General Fund Budget to provide funds for the acquisition of a lifeguard platform. He explained the City had received a request from the Osseo School District to provide $450 or 1/2-of the cost of a lifeguard platform for Northview School. There is a Minnesota State Board of Health regulation (MHD 115) which requires pools of a certain size to be equipped with a lifeguard platform. The pool at Northview School is required to have a lifeguard platform. Presently, the City of Brooklyn Center Park and Recreation Department has the complete use of the Northview pool after 5:OO p.m. every day and all weekend, at no cost to the City. For this reason, it is recom- mended the City provide $450, 1/2 of the cost of a lifeguard platform to Northview School. The City Attorney suggested a change in the wording of the resolution, to avoid problems with a question of ownership of the platform. It was the consensus of the Council that they supported providing the $450 for the platform and requested the City Attorney to make changes in the resolution. It was decided the resolution would be considered later in the Council meeting, after the City Attorney had made changes in the resolution. PUNNING COMMISSION ITEMS The City Manager introduced Planning Commission Application No. 78060 submitted by Brookdale Ford for site and building plan approval for an office addition, service garage addition, and body shop at Brookdale Ford, 2500 County Road 10. The application was recommended for approval at the October 5, 1978 Planning Com- mission meeting. The application was deferred at the City Council of October 16, 1978 until staff could review the status of site improvements. The Director of Planning and Inspection briefly reviewed Application No. 78060 stating there was a misunderstanding between Brookdale Ford and Benson -Orth regarding the preparation of the required plans as indicated by a September 14, 1977 letter to Mr. Blair Tremere from Mr. David Davenport representing Brookdale Ford. A registered civil engineer was retained to prepare the required drainage plan for the site. It was also indicated in the letter that Brookdale Ford hoped to resolve the purchase of the NSP property to the north and requested that the project be postponed until the spring of 1978. The Director of Planning and Inspection explained Brookdale Ford then acquired the property in question and met with Mr. Tremere in late May, 1978 regarding commencing with the site improvements. The Director of Planning and Inspection called the Council's attention to a copy of a June 1, 1978 letter to Mr. Glen Lieder of Brookdale Ford explaining the matters that must be addressed prior to the commencement of the work. The Director of Planning and Inspection added Brookdale Ford submitted the required revised master plan and detailed landscape plan and it was reviewed and approved by the Planning Commission on July 13, 1.978. Brookdale Ford began the parking lot and the landscaping improvements within the past two weeks. Summarizing, the Director of Planning and Inspection noted delay in the site improvements had been caused by not acquiring the NSP 10• -30 -78 -7- easement and confusion between the applicant and the company doing the land - scaping. He further noted that the landscaping along County Road 10 and Shingle Creek Parkway was currently underway. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve Planning Commission Application No. 78060 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. The buildings are to be equipped with automatic fire extinguishing systems to meet MFPA Standard No. 13. 3. All rooftop mechanical equipment shall be appropriately screened from view. 4. The property shall be replatted in accordance with Section 35 -540 of the City Ordinances. 5. The conceptual master plan shall be subject to further review with future development. 6 The applicant shall enter into an inspection and maintenance agreement with the City, 7. The exterior of the addition shall match the existing exterior and the "pier" effect shown on the plans shall be uniformally applied to the building, and so indicated on the plans 8. The applicant shall submit written acknowledgement that the performance bond shall be retained until the property. is - replatted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. D ISCUSSION ITEMS The first discussion item is a renewal of the rental dwelling license for Mr. Bennie Rozman for Brookdale Ten apartment complex. The City Manager explained the license was temporarily extended through August, .1973. Renewal of the license was discussed - at the Citv Council meeting of September 25, 1978'; At the request of the Council, Mr, Rozman had been invited to attend the City Council meeting and explain his priorities in fixing up the property and a schedule and timetable of repairs. The City Manager noted Mr. Rozman and Mr. Healy were in attendance. Councilmember Kuefler explained to Mr. Rozman and Mr. Healy that in earlier discussions it was the consensus of the Council, that rather than the Council mandating priorities and a timetable it might be more appropriate to ask Mr. Rozman to prioritize the repairs and establish a timetable. Councilmember Kuefler noted the end objective of both Mr. Rozman and the Council was to get the property in order and rather than working in opposition to one another, it would be more helpful to work together. 10 -30 -78 -8- r Mr'. Rozman explained he had taken over the complex in.May, ;19,76. He explained a considerable amount of money has been spent to date upgrading the property. .He explained his priorities thus far has been to fix.the internal part of the complex, ' Ti being the actual apartments. He explained he felt it was necessary to upgrade the tenants and in order to upgrade the tenants he had to first upgrade the apartments. He noted if the tenants were not upgraded, the repairs would be useless, because the tenants would continue to damage the property. He explained the apartments ar- almost completed. The next major thrust will be the common areas and the exterior which both still need work. He explained Mr. Healy was prepared to lay out a schedule for the Council. Councilmember Scott complimented Mr. Rozman on-reducing the number of priority Y number 1 infractions. She further stated she was most concerned about repairs in the areas of safety and welfare and stated she felt those kinds of repairs . should stay as top priority. Mr. Rozman responded he was in agreement with Councilmember Scotto He further noted the present tenants of the Brookdale Ten apartments were on a par with the residents of other apartments in Brooklyn Center. Councilmember Kuefler asked whether the number of police calls for Brookdale Ten had been decreased. The City Manager explained specific statistics were not available but according to shift supervisors, the calls are down. The number of calls appears presently to be similar to the number of calls for an area of approximately 300 homes. There are approximately 310 apartments in Brookdale Ten so it appears the number of calls is fairly consistent with the rest of the City. The City Manager further noted there appeared to be fewer disturbance type calls. More of the calls were calls similar to the kinds of calls received in other apart- ment complexes such as burglary from cars. In response to questions from the Council, Mr. Rozman explained his residents were on a month to month oral lease and this type of arrangement seemed to work: well. Mr. Rozman further invited all of the Council members to tour the building.. Mr. Rozman explained he would.be happy to take the Council as a whole or individual Council members through the complex if they so desired. Councilmember Fignar suggested the Council as a whole might wish to take a walk through the complex on an organized basis. Councilmember Fignar expressed appreciation to Mr. Rozman for the invitation. Councilmember Scott noted she had walked through the building several months ago and had also walked through the building in the last two weeks. She noted she had spoken with several tenants and the tenants commented things had changed for the better and were continuing to improve. Councilmember Scott noted she too saw an improvement from six months ago. Councilmember Lhotka stated he was pleased to see the list of needed priority repairs was getting smaller. He also concurred with Councilmember Kuefler's earlier comments that the Council and Mr. Rozman must work together to solve this problem and the end objective of each party was to get the property straightened around. 10 -30 -78 -9- Councilmember Kuefler questioned the license renewal action necessary. e Mr. Healy summarized a schedule of repairs which extended through next summer. The repairs were primarily in the common areas and the exterior areas of the building because most of the apartments had been repaired up to this point. A list of those repairs is attached as part of the official record of this meeting. There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to extend the rental dwelling license for Mr. Bennie Rozman for the Brookdale Ten apartment complex through the end of August, 1979 and look at the issue again at that time comparing the accomplishment of repairs with the list of repairs provided to the Council on October 30, 1978. In discussion of the motion a citizen in the audience asked whether the crime rate in the area surrounding Brookdale Ten had decreased. The City Manager noted the police department's records were not sophisticated enough to be able to pinpoint that data. Mr. Rozman again extended the invitation to Council members to tour the complex. Councilmember Kuefler noted he felt Mr. Rozman was acting in good faith in attempting to fix up the property. Following the discussion of the motion, the following voted in favor Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott.- Voting against: none. The motion passed unanimously. The City Manager introduced the next item, a discussion on the proposed Charter Commission amendments. The City Attorney explained to the Council he had attempted to prepare a memorandum concerning Minnesota Statute 410.10 concerning Charter Amendment Procedures. The Statute is confusing and a memo- randum on the meaning of the Statute would not clarify the Statute. The City Attorney explained he had prepared a flow chart which showed Charter amendment procedures as detailed in Minnesota Statute 410.10. The City Attorney further explained he had spoken with Chairman Kanatz concerning Charter amendment procedures. Chairman Kanatz indicated it was the Charter Commission's wish to handle the amendments by ordinance, Chairman Kanatz indicated to the City Attorney she would attend the Council meeting to discuss the Charter amendments with the Council. The City Manager explained he wished to clarify an issue of confusion concerning Section 6.05 Purchase and Contracts and Section 6.06 Contracts: How Let in the Charter. He explained the purchasing policy could be established by ordinance or resolution rather than by Charter. Establishing the purchasing policy by ordi- nance or resolution would provide direction on a continuing basis with regards to dollar amounts, without the need to change the Charter. Mayor Nyquist questioned whether those amendments not accepted by the Council would be referred back.to the Charter Commission. The City Attorney replied a public hearing was required on the proposed Charter amendments. He indicated 10 -30 -73 -10- it would be helpful to discuss the proposed Charter amendments with the Charter Commission at the Council meeting. Mayor Nyquist indicated he felt there were three possibilities for action on the proposed Charter amendments. First, to accept an amendment as is; second, to totally reject an amendment or third, to refer an amendment back to the Charter Commission for redrafting. Iii response to questions from the Council the City Attorney clarified terminology used by the City for first ordinance reading and second ordinance reading. He again stated the need for a public hearing on the proposed Charter amendments. The City Attorney explained the ordinance passage procedure as established comprehends a first reading of the ordinance, publication of the ordinance, and a second reading of the ordinance. The procedure expedites the time within which an ordinance takes effect. Mayor Nyquist suggested the Council should consider each amendment as presented and decide whether that amendment should be accepted, rejected, or referred back to the Charter Commission. After a first review of the amendments, the Council could return to those amendments which they wished to defer back to the Charter Commission and indicate to the Charter Commission the area of disagree- ment. The Council expressed objection over amendment 2. The Council expressed objections over amendment 3. Councilmember Kuefler noted his objection was with the language not with the intent of the amendment. The Council expressed objection over amendment 4. The, Council expressed objection over amendment 3 and indicated a wording change was needed. The Council expressed objection over amendment 6 noting the word "may" should be left in and the word "shall" should be crossed out. The Council accepted amendment 7 as proposed by the Charter Commission. There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to set a date for the public hearing on amendment 7. In discussion of the motion, the City Manager suggested it .night be appropriate to review all of the Charter amendments before setting a date for the public hearing. Councilmember Kuefler withdrew the motion and the seconder withdrew the second of the motion. Amendment 8 was accepted as proposed by the Charter Commission. The Council expressed objection over amendment 9 stating the amendment needed language clarification. 10 -30 -78 -11- There was a motion by Councilmember Fignar and seconded by Councilmember Scott to refer amendment 9 back to the Charter Commission. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Amendment 10 was accepted as proposed by the Charter Commission. The Council expressed an objection to amendment 11 . Amendment 12 was accepted as proposed by the Charter Commission. The Council expressed objection over amendment 13 both as to intent and wording. The Council expressed objection over amendment 15. Amendment 16 was accepted as proposed by the Charter Commission, The Council expressed objection over amendment 17. The City Attorney stated i might be advantageous in this amendment to remove the bulk of the subdivision, stating the methods for amending the Charter are provided by State Statute. There was a motion by Councilmember- Kuefler and seconded by Councilmember Lhotka to reject amendment 17 noting the City Attorney's comments as the reason. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. At this time, Chairman Kanatz asked if she could make a suggestion to the Council . Chairman Kanatz suggested the Council might wish to make more specific comments regarding their disagreement with particular Charter amend - ments so that the Charter Commission could consider these comments. The Mayor noted the Council would do this. The Council expressed an objection over amendment 18. The Council expressed objection over amendment 19 indicating the Charter soul specify the Statute which limits dollar amounts in purchasing. Actual setting of the. dollar amounts could be done by ordinance or resolution. In this way, the ordi- nance or resolution would not be in conflict with the Charter but would provide continuing direction based on changes in the economy. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to reject amendment 19 based on the reasons as listed above. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The Council expressed objection over amendment 20 for the same reasons as listed for amendment 19. There was a motion by Councilmember Scott and seconded by Councilmember= Kuefler to reject amendment 20 for the reasons as listed in amendment 19 consideration. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against :. none. The motion passed 10 -30 -78 -12- unanimously o The Council expressed objection over amendment 21. Amendment 22 is not applicable. Amendment 23 was accepted as proposed by the Charter Commission. Amendment 24 was accepted as proposed by the Charter Commission. Mayor Nyquist suggested the Council would again review the amendments suggesting areas of disagreement and proposing possible changes for consideration by the Charter Commission. Concerning amendment 2, Councilmember Kuefler stated the issue of terms for the Council should be a matter left in the voters' hands. Councilmember Kuefler stated he disagreed with the philosophy of this proposed Charter amend nt. He asked Chairman Kanatz to comment on the legislative intent of this p� posed amendment. Chairman Kanatz noted it was the intent of the Charter Commission to limit the terms in order to insure that opportunities for serving on the Council remain open. Charter Commission member Vince Tubman stated six years was a considerable amount of time for a Councilmember to serve on the Council. He explained it was the Charter Commission's intent to provide the opportunity for a Council to change often enough to achieve a new look and be infused with new blocd. The Charter Commission felt this change was desirable. The City Attorney referred the Council to an earlier memo from the City Attorney stating there was the issue of constitutionality. He noted no other city has a similar ruling limiting the terms of Council members. Councilmember Scott indicated she objected to the amendment in light of the issue raised by the City Attorney concerning the constitutionality of restricting the terms of Council members. Councilmember Lhotka noted he was unsure of the Charter Commission's rationale for proposing this amendment. The Mayor noted the objection to amendment 2 was substantive not a question of draftsmanship, The Council did not wish to accept amendment 2 nor did the Council wish to refer amendment 2 back to the Charter Commission for rewording because the disagreement was substantive. It was the consensus of the Council to reject amendment 2. In discussion of amendment 3, it was the consensus of the Council the disagree- ment "with amendment 3 was not substantive but a question of draftsmanship. The Council suggested adding the sentence "until one year after the expiration of his term" in such a place within amendment 3 that it would apply to the entire section. The Council noted the placement within the section lead to confusion. There was -a motion by Councilmember Kuefler and seconded by Councilmember Scott to refer amendment 3 back to the Charter Commission for language clarification. 10 -30-78 -13- Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scotto Voting against: none. The motion passed unanimously. In discussion of amendment 4 Mayor Nyquist stated he did not feel there had been a quorum problem with the Council. He asked whether this amendment was tied to amendment I which had been defeated by the Charter Commission. Chairman Kanatz replied although amendment 1 had been voted down, the Charter Commission 1 wished to tighten the quorum requirements. She noted the Charter Commission itself had worked through the proposed Charter amendments using the spirit of the intent of this proposed amendment by requiring a quorum of a full Commission for a decision on the proposed Charter amendments, Councilmember Kuefler stated he did not feel there was a specific problem with the number for a quorum as presently established in the Charter. He noted he objected to the proposed amendment. Charter Commission member Vince Tubman noted if the quorum remained at.three, two would be a majority. Councilmember Lhotka asked whether certain controversial issues could require a full Council and leave the number required for a quorum at three. Councilmember Kuefler noted the Council has internally policed that potential. problem by delaying action on controversial issues until a full Council is present. Councilmember Kuefler again noted he did not feel there was a problem with this. There was a motion by Councilmember Lhotka to suggest that the Charter Com- mission consider requiring a quorum of four only on controversial issues. There was no seconder to the motion. The City Attorney asked fora clarification of the wording in the proposed amend- ment which suggested appointing additional members. Chairman Kanatz explained additional members could be appointed only if elected members of the Council resigned or for some reason were removed permanently from the Council. There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to refer amendment 4 back to the Charter Commission for further considera- tion. Voting in favor Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott, Voting against: none. The motion passed unanimously. In discussion of amendment S, the City Attorney again suggested the use of the terminology Minnesota Open Meeting Law Councilmember Kuefler asked if this amendment would impede City business in any way. The City Manager indicated he did not feel it would impede City business. In a question raised by the Director of Finance concerning a possible problem with budget deliberations, the City Attorney responded budget delibera- tions which lasted beyond midnight could be recessed and reconvened the following day and, therefore, the 24 hours notice to each member of the Council would not be a problem for budget deliberations._k 10 -30 -78 -14- There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to refer amendment 5 back to the Charter Commission with a suggestion to change the wording to Minnesota Open Meeting Law, Voting in favor: Mayor Nyquist, -Couricilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. In response to questions from the Council concerning amendment 6 Chairman Kanatz explained that the proposed amendment was not addressed to a specific problem but was a general philosophical issue. Councilmember Scott indicated she felt the proposed amendment compels attendance under all circumstances and would be impossible to implement. Councilmember Kuefler suggested leaving the first "shall" in the proposed amendment and changing the second "shall" to "may ". There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to refer amendment 6 back to the Charter Commission for reconsideration. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. In discussion of amendment 11 Council members stated there was not a need to increase the number from two to three nominees to be selected for each elective office. There was a motion by Councilmember Lhotka to refer amendment 11 back to the Charter Commission for informational purposes. There was no second to the motion. The Mayor noted there was substantive disagreement with amendment 11 , not a disagreement over wording. It was the consensus of the Council to reject amendment 11. In discussion of amendment 13, Councilmember Kuefler stated he felt the Charter should read neutrally. He questioned how it could be determined if the people were on one side of an issue or the other. Chairman Kanatz noted the amendment was proposed because in the past both the Charter Commission and the Council could be seen as impediments to people attempting to change the Charter. It was the wish of the Charter Com- mission to make the powers of initiative and referendum more powerful after historically severely limiting those powers. Chairman Kanatz further noted the language was analgous to that language as listed in Section 1 .02 which says. "this section should be construed liberally .in favor of the City ". Mayor Nyquist commented Section 1 .02 deals with the question of constitutionality and, therefore, is not analgous to Section 5.01 The City Attorney noted, as a point of clarification, the statement "to be construed liberally in favor of the people" applies to the whole of Chapter 5 not just Section 5.01. Chairman Kanatz agreed with the City Attorney's interpretation, In light of that clarification, the City Attorney suggested the Charter Commission might wish to change the word "people" to "petitioners". 10 -30 -78 -15- The City Attorney noted, if this wording "construed liberally in favor of the people" was included in the Charter, the City Council could still ask for a declaratory' judgment if the Council judged a change suggested by petitioners to be unconstitu- tional. The City Attorney further noted interpreting those words "construed liberally in favor of the people" is a difficult interpretation. 1 There - was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to refer amendment 13 back to the Charter Commission for language clarification. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. In discussion of amendment 15, Councilmember Scott noted the intent of the Charter Commission may be different than what appears by the wording as presented in this amendment but the present wording impedes any action on the part of the City in even providing information concerning an issue. Chairman Kanatz explained the amendment was proposed to prohibit the City from encouraging or opposing an issue presented by petitioners in regards to Charter amendments. Chairman Kanatz noted the proposed amendment does not preclude the City's providing information. The proposed amendment does preclude the City from lobbying for or against a petition Councilmember Kuefler suggested adding wording which would make it possible to provide information, thereby making information dissemination neutral. The City Manager noted the amendment as proposed by the Charter Commission would impede any action on his part. Under the proposed amendment, the City Manager would not be able to -make any recommendations concerning an issue at question. The Director of Finance further explained, as a signer of checks, almost anything he would do as Finance Director could be construed as being in favor of or against a proposed petition. There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to refer amendment 15 back to the Charter Commission for language clarification. Voting in favor: Mayor Nyquist, ,Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. l In discussion of amendment 18 Councilmember Kuefler suggested referring the amendment back to the Charter Commission as per the recommendation of the City Attorney. Chairman Kanatz explained she had misspoken concerning the legislative intent of amendment 18 at the October 16, 1978 meeting, Chairman Kanatz clarified the legislative intent noting the Charter Commission felt the language in Section 6.04 was redundant and had already been incorporated in Section 3.02 Councilmember Kuefler noted the language in Section 3.02 is specific to Council proceedings. 10 -30 -78 -16- There was a motion by Councilmember Fignar and seconded by Councilmember Scott to refer amendment 18 back to the Charter Commission for language clarification. ' Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scotto Voting against: none. The motion passed unanimously. In discussion of amendment 21 Councilmember Kuefler noted if Section 7.16 as presently included in the Charter was left, that language attracts attention to the fact that there is a State Statute regarding this matter. Councilmember Kuefler felt the Section should be left in. Mayor Nyquist noted there was substantive disagreement with amendment 21. It was the consensus of the Council to reject amendment 21. Mayor Nyquist noted the Council had earlier accepted amendment 23 and 24. There was a brief discussion concerning the vacancy on the Charter Commission due to the resignation of Commissioner Higgins. Councilmember Kuefler asked when Commissioner Higgins had resigned. He asked when it became the responsi- bility of the Council to appoint a member to the Charter Commission. He questioned whether the responsibility took effect 30 days after the resignation or 30 days after the Judge had been notified of the resignation. The City Attorney noted the Statute was not clear on the issue. Councilmember Lhotka left the table at 10 :32 p.m. Chairman Kanatz noted she had been informed of the resignation earlier this fall. Councilmember Lhotka returned at 10:34 p.m. Councilmember Kuefler indicated he felt the resignation had been received in Juiy . Chairman Kanatz voted she had been informed verbally in July but the formal written resignation had not been received until after that time. She noted an informal process had been established whereby the Charter Commission recom- mends interested members to the Chief Judge for the Judge's consideration. The Chief judge is not bound by the recommendation of the Commission but generally takes those recommendations into account. Councilmember Kuefler noted he was concerned with the length of time the opening had existed. He was concerned with the need for a full complement on the Charter Commission especially at this time when Charter amendments were being considered. Councilmember Kuefler asked the Chairman of the Charter Commission to provide for the Council information as to the specific date of the receipt of the written resignation and a specific date of the communication to the judge that a vacancy existed, Chairman Kanatz indicated she would provide this information to the Council. 10 -30 -78 -17- Councilmember Lhotka questioned Councilmember Kuefler what the purpose of the request was. Mayor Nyquist replied a full complement was important especially when the Charter Commission was involved in proposing Charter amendments. Additionally, Councilmember Kuefler noted it is the Council's responsibility, by Statute, to appoint a member to the Charter Commission if the appointment is not made within a certain specified time by the Chief Judge, Councilmember Kuefler explained he had been informed by certain Charter Com- mission members that they were concerned with the amount of time it was taking the Council to deal with the proposed amendments. The City Manager explained there was no specific step by step process established to consider the Charter amendments. The procedures were being established at this time. Councilmember Kuefler noted the Council. had received copies of the June 12, 1978 Charter Commission meeting which include the proposed Charter Commission amendments. Councilmember Kuefler asked whether those minutes were to be considered as the initiator of action by the Council. Chairman Kanatz replied the minutes are informational and not meant to be the sole initiator of action by the Council concerning the proposed amendments. Chairman Kanatz further noted it was the understanding of certain Commission members that the amendments would proceed to acceptance or to the ballot in November not supposing the type of discussion that was occurring at the Council meeting concerning the Charter amendments The City Manager briefly outlined the process as it has occurred thus far noting the minutes had been received from the Charter Commission including the proposed Charter amendments after the June 12 1978 Charter Commission meeting. In late July, the City Attorney had contacted Chairman Kanatz by letter asking her what the wish of the Charter Commission was concerning the proposed amendments. On August 7, a meeting was held with the Charter Commission Chairperson and the Charter changes were reviewed. On September 15, - 1978 the City Attorney sent a memo to the Chairman of the Charter Commission concerning the amendments. On September 25, 1978 the City Manager sent a letter to Chairman Kanatz con - cerning the Charter Commission_ amendments. Chairman Kanatz was invited to present the proposed amendments to the Council on October 16, 1978 which she did. The amendments are again being considered at the October 30, 1978 meeting. The City Manager noted the official minutes of the October 30, 1978 City Council meeting would be prepared and sent to the Charter Commission for their review of the suggestions made by the City Council concerning the Charter amendments, COMMUNITY DEVELOPMENT BLOCK GRANT CITIZENS PARTICIFA'ION PLA The City Manager noted the Citizens Participation Plan is presented to the Council and recommended for their approval. The City Manager briefly reviewed.the Citizen Participation Plan noting as a requirement of the Community Development Block Grant Program, applicants for funding must provide citizens with an adequate opportunity to participate 'in an advisory role in the planning, - imple- menting, and assessing of the Community Development Program. Administrative 10-30-78 -18- Assistant Brad Hoffman explained on October 11 , 1978, an administrative public hearing was held to receive public comment relative to the development of a Citizen Participation -Plan. It was the consensus of the citizens who attended that meeting, that a Citizens Advisory Committee should be formed. The consensus of the citizens attending the meeting was that representatives should be chosen which would assure the representation of each of the neighborhoods it in Brooklyn Center. There was also agreement that each of the existing citizens advisory commissions should be represented on the committee. It was the consensus of the group at the public hearing that each of the existing commissions should submit the names of individuals interested in serving on the committee for the Council's consideration. Administrative Assistant Hoffman noted the Council had been presented with a list of individuals from the existing com - missions interested in serving on the Citizens Participation Committee. Admini- strative Assistant Brad Hoffman further noted he had originally suggested 12 people to serve on the committee but was presently recommending 9 people because 9 people would provide for representation from the Citizen's Advisory Commissions and for representation from the neighborhoods in Brooklyn Center. He further noted the people appointed from the existing citizens advisory com - missions would be able to provide expertise in the area in which they serve on the advisory commission although they would not represent that particular advisory commission as a whole. There was questions from the Council concerning who would do the interviewing of interested citizens. The City Manager suggested.a Council subcommittee could interview the interested citizens, Councilmember Lhotka and Councilmember Scott volunteered to serve as the interviewing subcommittee. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to create an interviewing subcommittee comprised of Councilmember Lhotka and Councilmember Scott to interview interested citizens for the Citizens Advisory Committee for Community Development Block Grant Citizens Participation Plan Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. REVIEW OF STATUS OF COMPREHENSIVE PLAN The City Manager explained the Director of Planning and Inspection was prepared to review the progress of the Comprehensive Plan and the process for citizen input in the Comprehensive Plano The Director of Planning and Inspection noted a break - down listing the various major sections of the plans (inventory, policy plan, physical plan and implementation) and their major components was included in the Council's agenda packet. The consultant, Bather, Ring, Wolsfeld, Jarvis and .Gardner, Inca has presented the basic rudiments, that being the inventory and analysis of the existing conditions in Brooklyn Center for both the Comprehensive Plan and the Critical Areas Plan. Certain revisions and additions to these sections have been requested and are forthcoming. A flow chart showing the process and appropriate dates for presenting the major sections was also included for the Council's review. The Director of Planning and Inspection further explained it is the City's intention to 'solicit and encourage as much input and feedback as possible from advisory groups and interested citizens, keeping in mind the 10 -30 -78 -19- imposed time restrictions. The Director of Planning and Inspection noted it had been suggested that the various City advisory commissions review and comment on the various components and elements dealing with their area of expertise. For example, the Conservation Commission and the Park and Recreation Com- mission will be asked to comment on the Critical Areas Plan. Information and documentation concerning certain parts of the Comprehensive Plan and the Critical Areas Plan will be forwarded to the appropriate groups via their Commission secretary. The Director of Planning and Inspection also suggested that the neighborhood advisory groups should review their particular neighborhood and develop a list of concerns or problem areas they feel should be reviewed and addressed in the Comprehensive Plan. i The Director of Planning and Inspection explained to the Council all City advisory commissions and neighborhood advisory commissions had been invited to the Planning Commission meeting concerning the Comprehensive Plan and Critical Area Plan review and public input process. At the meeting of October 19, 1978 the Director of Planning and Inspection explained a public hearing on the Critical Areas inventory and policies would be held at the November 16, 1978 Planning Commission meeting. At the December 14, 1978 Planning Commission meeting, it is anticipated that a public hearing will be held regarding the Critical Areas Physical Plan and Implementation Plan. At the October 19, 1978 meeting, the Director of Planning and Inspection invited all interested City advisory com- mission members and neighborhood advisory group members and any other interested citizens to comment at the public hearing. Additionally, at the October 19, 1978 Planning Commission meeting suggestions were made to hold meetings in a public place for the various neighborhood advisory groups to give them a chance to discuss recommendations for input to the Comprehensive Plan. la , The City Manager explained a notebook of documents concerning the Comprehensive Plan and the Critical Areas Plan was being.prepared for each Council member. The notebook will be loose leaf notebook which will enable updating. The Council . indicated it was their wish that the City compile those notebooks and keep them for the Council members until such time when they will be needed. HENNEPIN COUNTY DELEGATION ME ETIN G FOR MUNICIPALITIES The City Manager noted the Hennepin County Delegation meeting for municipalities is scheduled for November 13, 1978 which is the same night as the City Council meeting. He asked the Council who they would like to have represent them. Councilmember Kuefler volunteered to attend the Hennepin County Delegation meeting for municipalities. Councilmember Kuefler noted he felt it was important to present the concerns of the Brooklyn Center City Council to the Hennepin County Delegation. The other Council members indicated they would like Councilmember Kuefler to attend the Hennepin County Delegation meeting for municipalities. It was the consensus of the Council there was particular interest in the following issues HRA, binding arbitration,_ seiner rates and self- insurance, 10 -30 -78 -20- Councilmember Fignar left the table at 11:12 p.m. and returned at 11:15 p.m. . STATUS OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION NOISE VARIANCE REQUE FOR THE MINNESOTA POLLUTION CONTROL AGENCY The Director of Public Works explained recent information received from MN /DOT indicates that the Minnesota Pollution Control Agency and the Minnesota Depart- ment of Transportation are currently working together on the noise variance request concerning the construction of the freeway. It appears the raising of the noise laws may not be necessary for meeting the MPCA noise standards. , REVIEW OF MINN DEPARTMENT OF TRANSPORTATION PLAN The City Manager iioted during the past year the Minnesota Department of Trans- portation has been preparing a MN /DOT plan regarding a comprehensive transporta- tion plan for the State of Minnesota. The Director of Public Works explained the MN /DOT plan will become the transportation development guide for MN /DOT and the State of Minnesota following any revisions necessitated by the public hearings being held throughout the State in October and November of 1 978 The MN /DOT plans satisfied the requirement of the 1975 enabling legislation which created the Department of Transportation and required the preparation of a state - transportation plan by July 1, 1978. The MN /DOT provides the framework for making transportation decisions in Minnesota, insures that the transportation systems and facilities in Minnesota provide for the well being of citizens and their activities, and provides a means for addressing present as well as future transportation needs in an efficient and effective manner. The Director of Public Works explained there has been considerable public partici- pation in MN /DOT plan development effort. Input has been received through the regular development committees, group meetings and the Metropolitan Council. The Director of Public Works showed a transparency of work to be accomplished in Brooklyn Center according to the plan. He noted the cost of highway related work in Brooklyn Center would be approximately $15,162,000. That work includes the interchanges on 53rd and 57th Avenue, the-Shingle Creek Parkway grading and bridge, the noise abatement walls on the south side of the freeway from Noble Avenue to T.H. 152, traffic signal revision on Highway 100 and France Avenue, the freeway completion from 152 to 169, completion of the interchange at Shingle Creek Parkway, and the upgrading .of 169 from 66th Avenue to 72nd Avenue. The plan also includes a study program for the "north corridor" by the consulting firm BRW. By 1980, the location studies for the "north corridor" should be completed. There is a possibility construction could begin in 1980. The Director of Public Works explained Mr. Bill Crawford, the district engineer, wishes to hear favorable as well as negative comments concerning the MN /DOT plan. The Director of Public Works noted the opportunity for public comment would occur at the public hearings. ISSUANC OF . A 3 .2 ON -SALE LIQUOR LICENSE The City Manager recommended the issuance of a 3.2 on -sale liquor license for the Chuck Wagon restaurant, at 5720 Morgan Avenue North due to a change of ownership. The City Manager noted the Council had received a report concerning 10 -30 -78 -21- the issuance of this license. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to approve the issuance of a 3.2 on -sale liquor license for the Chuck Wagon restaurant, at 5720 Morgan Avenue North. 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: ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Jaycee Women 5816 Dupont Ave. No. (Bazaar) MECHANICAL SYSTEM'S LICENSE Equipment Supply Co. , Inc. 593 N. Fairview St. OFF -SALE NONINTOXICATING LIQUOR LICENSE Leonard E. Bruns 6806 Orchard Ave. No. (Chuck Wagon Inn) ON -SALE NONINTOXICATING LIQUOR LICENSE Leonard E. Bruns 6806 Orchard Ave. No. (Chuck Wagon Inn) RENTAL DWELLING LICENSE Initial: Ralph & Jean Hitchens 4708,12 Twin Lake Ave. Renewal: Fred M. Seed Twin Lake North Apts. Isolda Gilles 4715 France Ave. No. Donald Ogilvie 6742,44 France Ave. No. Delbert Bruce 4741 Twin Lake Ave. Irwin Ketroser 6525, 27, 29 Willow Lane Transfer: Tom Castle 5256 E. Twin Lake Blvd. - Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. CONSIDERATION OF A RE ON THE LIFEGUARD PLATFORM The Cite Manager noted the City Attorney had prepared different language on a proposed resolution for providing money for the lifeguard platform at Northview _School RE SOLUTION N O. 7_ -250 Member Tony Kuefler introduced the following resolution and moved its 'adoption: 10 -30 -78 -22- RESOLUTION AMENDING -THE 1978 GENERAL FUND BUDGET TO PROVIDE FUNDS FOR THE ACQUISITION OF A LIFEGUARD PLATFORM 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. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Fignar to,adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scotto Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:47 p.m. Clerk Ma o 10- 30-78 -23-