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HomeMy WebLinkAbout1978 10-16 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 16, 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 7:04 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Bill Fignar, Gene Lhotka, and Celia Scott. Also present were City Manager Gerald Splinter, Director of Public Works James Merila, City Attorney Richard Schieffer, Director of Finance Paul Holmlund, Director of Planning and Inspection Ron Warren, Superintendent of Encgineerincq James Noska, and Administrative Assistants Mary Harty and Brad Hoffman. INVOCATION The invocation was offered by Mayor Dean Nyquist. APPROVAL OF MINUTES - SEPTEMBER 25, 1978 & SEPTEMBER 27, 1978 Motion by Councilmember Scott and seconded by Councilmember Fignar to approve the minutes of the City Council meeting of September 25, 1978 as submitted. Councilmember Lhotka asked that the minutes of September 25, 1978 show he abstained from voting for approval of the September 11, 1978 minutes because he was not present at the September 11 , 1978 meeting. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scotto Voting against: none. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Mayor Nyquist to approve the minutes of the Special Session of September 27, 1978 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Lhotka and Scott. Voting against: none. The motion passed. Councilmember Fignar abstained from voting as he was not present for the September 27, 1978 meeting, OPEN FORUM Mayor Nyquist opened the meeting for the purpose of the Open Forum noting no one had requested to speak at the Open Forum prior to the evening's meeting. 10 -16 -78 -1- a The Mayor recognized Dolores Hastings of 5813 Aldrich Avenue North, Dolores Hastings noted she was presenting a resolution for the Council's consideration on behalf of the League of Women Voters. Dolores Hastings explained she was presenting the resolution to the Council because the President of the League of Women Voters, Eileen Oslund, was ill.. She explained the League of Women Voters was requesting that the Council designate the month of October 16 through November 13 as "League of Women Voters Month". Additionally, Dolores Hastings called the Council's attention to various other League sponsored activities. RESOLUTION NO. 78 -223 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION DECLARING THE MONTH OF OCTOBER 16 THROUGH NOVEMBER 13 AS "LEAGUE OF WOMEN VOTERS MONTH" 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, Bill Fignar, Gene Lhotka, and Celia Scott; . and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Councilmember Lhotka stated he had received a call from Mr. Rich Armstrong of 56th and Logan. Councilmember Lhotka noted Mr. Armstrong was unable to attend the Council meeting to express his views at the Open Forum but was concerned with excessive traffic and speeding on Logan Avenue in the area of 56th. Mr. Armstrong requested the City consider installing stop signs at 55th and 56th, The City Manager noted staff would conduct a traffic survey in the area. Based . on the results of the survey, staff would be able to determine whether stop signs should be installed and whether additional enforcement efforts were needed in the area. The City Manager further expressed concern about a seeming disregard for stop signs amongst drivers in Brooklyn Center. The Mayor noted there were three students from Robbinsdale attending the Brooklyn Center. n meetin �o observe business conducted in the City of y Council q - - 10 -16 -78 -2- Mayor Nyquist inquired if. anyone else wished to be recognized for the Open Forum; there being none, the Open Forum was closed. RELEASE PERFORMANCE BOND The City Manager recommended the release of a $7,000 performance bond as submitted by Tire City, Inc. for the property located at 6810 Brooklyn Boulevard. The project which this bond supports no longer exists and any new approved site improvements would be covered by a bond submitted by the current developer. The bond in consideration was part of approval of Application No. 75042, There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to release a $7, 000 performance bond as submitted by Tire City, Inc. for the property located at 6810 Brooklyn Boulevard. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. FINAL PLAT APPROVALS Final plat approval was recommended for Twin Lake Woods 3rd Addition sub- mitted by Robert Putnam for property lying on the south side of 52nd Avenue North, easterly of Lakeside Place. The City Council approved the preliminary plat on February 27, 1978 under Application No. 78003. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to approve the final plat approval for Twin Lake Woods 3rd Addition submitted by Robert Putnam for property lying on the south side of 52nd Avenue North, easterly of Lakeside Place. Voting in favor: Mayor Nyquist, Council - members Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Final plat approval was recommended for Shingle Creek Manor submitted by Real Estate 10 for property lying easterly of Brooklyn Boulevard between Wingard Lane and the north corporate limits. The City Council approved the preliminary plat on September 11, 1978 under Application No. 78015. The Director of Public Works explained there were three lots in addition to the Real Estate 10 property in this final plat approval. The plat effectuates a new common boundary line south of Shingle Creek and will alleviate future boundary line problems. 10 -16 -78 -3- Ir There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve final plat approval for Shingle Creek Manor submitted by Real Estate 10 for property lying easterly of Brooklyn Boulevard between Wingard Lane and the north corporate limits. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The . motion passed unanimously. Final plat approval was recommended for the Registered Land Survey submitted by Michlitsch Builders for property lying on the west side of Humboldt Avenue, southerly of 67th Avenue North. The City Council approved the preliminary plat on July 24, 1978 under Application No. 78040. The Director of Public Works explained the meets and bounds description had been translated into Tract A of the RLS. In response to questions from the Council, the Director of Public Works noted this property is located in the Brooklyn Center School District. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to recommend final plat approval for the Registered Land Survey sub - mitted by Michlitsch Builders for property lying on the west side of Humboldt Avenue, southerly of 67th Avenue North. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and =Scott. Voting against: none. The motion passed unanimously. Final plat approval was recommended for the Registered Land Survey submitted by Brooklyn Center Industrial Park for property at 6100 Summit Drive on which the Summit State Bank is located. The City Council approved the preliminary plat on May 8, 1978 under Application No. 78019. The Director of Public Works noted this land contains two parcels, Parcel A and Parcel B. Parcel B contains the Summit State Bank and Parcel A is a remnant of old Tract B of the RLS. The Director of Public Works also explained approval for the final plat will bring in the delinquent taxes on the property. In response to questions from the Council, the Director of Public Works stated the payment of the delinquent taxes was a County requirement. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to recommend final plat approval for the Registered Land Survey submitted, by Brooklyn Center Industrial Park for property at 6100 Summit Drive on which the Summit Stare Bank is located. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously, RESIGNATION OF C BOOK Commissioner Book has resigned from the Planning Commission effective December 31, 1978, There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to acknowledge the resignation of Com- missioner Book effective December 31, 1978. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. 10 -16 -78 -4- DESIGNATION OF BIBLE WEEK The City Manager called the Council's attention to a letter which had been received from Mayor Shaw, of the City of Fort Lauderdale, Florida, requesting the City to proclaim the week of November 19 through November 26 as Bible Week. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to designate the week of November 19 through November 26 as Bible Week. Voting in favor: Mayor Nyquist, Councilmembers Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The City Manager requested the resolution for Contract 1978 -P be deferred until the October 30, 1978 City Council meeting, The City Manager recommended a resolution amending Storm Sewer Project No. 1978 -32. The developer has requested a change in a location of the proposed storm sewer line in the above project for the Ponds. The relocation effectuates approximately a $5,000 - $6,000 savings in the proposed con - struction cost. The benefiting and assessable areas do not change as a result of the amended resolution. RESOLUTION NO, 78 -224 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AMENDING STORM SEWER PROJECT NO, 1978 -32 AND RESOLUTIONS NO. 78 -177 AND 78 =205 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, 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 Mayor and the City Manager to enter into a traffic signal agreement with the Minnesota Department of Transportation, The work comprehends installing new traffic signals at 55th Avenue North and revising the controller at 71. st Avenue North. 72% of the total cost of the project is being funded by federal aid funds with the remaining 387c being split between the City and the Department of Trans- portation, The City's share for the above project is $15,981 .41. The resolution also appropriates this amount from State Aid Construction Account No. 2611. The Director of Public Works explained the existing signals were installed in the 1960's and were of an older type. It is necessary to install the new traffic signals at 55th Avenue in order to synchronize the 55th Avenue signals with those at 58th, 63rd, and 69th. The installation of the new signals will insure a smoother flow of traffic. In response to questions from the Council, the Director of Public Works explained presently the controllers in the signals are not compatible with the controllers on 58th and, furthermore, the present 10 -16 -78 -5- signals at 55th do not provide as clear a visibility as the new type of signals. I He further noted the new signals contain a small computer within the controller and, therefore, would be better able to deal with traffic generated by Brookdale because of the ability to operate with variable timing, Responding to questions from Councilmember Fignar, the Director of Public Works noted the total cost of the signals at 55th Avenue is approximately $80,000 of which the City's share is $15,981.41. RESOLUTION NO. 78 -225 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION PERTAINING TO MINNESOTA TRANSPORTATION DEPARTMENT AGREEMENT NO 59271 REGARDING IMPROVEMENT OF TRAFFIC CONTROL SIGNALS ON T.H. 152 AT 55TH AVENUE NORTH AND 71ST AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, 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 the resolution authorizing the Mayor and the City Manager to execute an agreement with the City of Brooklyn Park relative to providing utility service to Brooklyn Center property owners along Brooklyn Boulevard northerly of Shingle Creek. The agreement will permit the Real Estate 10 development and proposed development on the west side of Brooklyn Boulevard to connect to the Brooklyn Park sanitary sewer and water main system. The Director of Public Works explained the utility service would be provided through Brooklyn Park. Brooklyn Center presently has utilities in the area of Wingard Lane but an economic analysis of the situation shows the utilities for the property in question could be more efficiently handled by Brooklyn Park. Councilmember Kuefler arrived at 7 :35 p.m. The Director of Public Works further noted that many Brooklyn Park residents presently tie into Brooklyn Center's utility service. RESOLUTION NO. 78 -226 Member Gene. Lhotka introduces the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CITY OF BROOKLYN PARK RELATIVE TO PROVIDING UTILITY SERVICE TO BROOKLYN CENTER PROPERTY OWNERS ALONG BROOKLYN BOULEVARD NORTHERLY OF SHINGLE CREEK 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. 10 -16 -78 _ _ - The City Manager recommended a resolution directing readvertisement for bids for the salt storage building. The Director of Public Works stated plans and specifications for the project had not been ready soon enough to give the contractors enough time to draw up the detailed structural plans necessary for the project so a readvertisement for bids was necessary. The Director of Public Works explained it had been the intent of the City to lay the foundation for the salt storage building in the fall but it was determined there were 12 to 14 feet of poor soil conditions in the area which necessitates putting sand in the area. This additional work will necessitate delaying laying the foundation until the spring although the original intent was to lay the founda- tion in the fall. Bids will be opened in the fall but materials will not be avail- able until 90 days after the bid is accepted and would, therefore, be available the end of January or the beginning of February. RESOLUTION NO. 78 -227 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DIRECTING READVERTISEMENT FOR BIDS FOR SALT STORAGE BUILDING PROJECT NO. 1978 -43 (CONTRACT 1978 -R) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken whereon, 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 14,000 square feet of 1 -1/2" FR styrofoam delivered. It is recommended the quotation of Insulation Sales Company in the amount of 39� per square foot or $5,460 be accepted for the styrofoam for the insulation of City Hall. RESOLUTIO NO. 78 -228 Member Tony Kuefler introduced she following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF 14,000 SQUARE FEET OF 1 -1/2" FR STYROFOAM DELIVERED 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: 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 amending the 1978 General Fund Budget to assign an administrative car to the Police Department. The City Manager noted although the City Council did approve an appropriation of $150 per month for use of personal auto by the City Manager for the year 1979, there- is an immediate need in the Police Department for one additional squad car due to personnel changes. Amending_ the 1978 General Fund Budget to assign car #46 to the Police Department by transferring $375 from the Contin- 10 -16 -78 -7- gency Appropriation to the City Manager's use of personal auto appropriation i,s recommended, RESOLUTION NO. 78 -229 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1978 GENERAL FUND BUDGET TO ASSIGN AN ADMINISTRATIVE CAR TO THE POLICE DEPARTMENT 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. J OIN T POWERS COMMISSION FOR SHINGLE CREEK DRAINAGE BASIN The City Manager called the Council's attention to a letter which had been received from the Mayor of Plymouth concerning the establishment of a Joint Powers Commission for the Shingle Creek Drainage Basin. The letter suggested a consideration of the establishment of a Joint Powers Commission for the Shingle Creek Drainage Basin rather than the establishment of a water shed district which would be handled through the County. If a water shed district is established, the County Commissioners appoint three members to the district, thus, all communities do not have representation. The City Manager noted the arrangement of a Joint Powers Agreement might be more effective because each of the communities is represented. The meeting is scheduled for Thursday, November 9, 1978 at 7 :30 p.m. in the Brooklyn Center City Hall Council Chambers. The Director of Public Works noted during the years of 1973 and 1974 a study of Shingle Creek management was made by Barr Associates. Surrounding communities were involved in the study and at that time there was some talk of a water shed district. The Director of Public Works noted there would be merit to pursuing voluntary cooperation of the affected communities rather than a water shed district. Council members indicated an interest in attending the meeting, The City Manager noted there would be staff representation at the meeting, TliSCUSSION OF THE HENNEPIN COUNTY DELEGATION MEETING FOR MUNICIPALITIES The Cite Manager called the Council's attention to a memorandum from Senator Humphrey III, concerning the Hennepin County Delegation Meeting for munici- palities to be held on November 13, 1978 in the St, Louis Park Community Room, Hennepin County Municipality Mayors and City Council members are invited to present any legislative proposals or comments to the Senate Hennepin County Delegation a� that time. The City Manager noted the: Council had expressed an int;: =rest in pursuing legislative proposals in the area of HRA, binding arbitration, the sewer rate, and self- insurance, The City Manager noted he would prepare a recommendation on the above mentioned areas of concern for the Council's review at the meeting of October 30, 1978. 10 -16 -78 -8 I ORDINANCES The City Manager introduced an ordinance amending Chapter 35 regarding carports and canopies. The ordinance is a second reading and is recommended for the purpose of defining carports and canopies. ORDINANCE NO. 78 -10 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES RELATIVE TO CANOPIES AND CARPORTS The motion for the adoption of the foregoing ordinance was -duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. The City Manager introduced an ordinance amending Chapter 8 of the Health and Sanitation Ordinance. The ordinance is a second reading and is recom- mended for the purpose of revising Health and Sanitation Ordinance No. 8- 108.01. ORDINANCE NO. 78 -11 Member Bill Fignar introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 8 OF THE CITY ORDINANCE RELATIVE TO HEALTH AND SANITATION The motion for the adoption of the foregoing ordinance 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, and Celia Scott; and the following voted against the same: Gene Lhotka, whereupon said ordinance was declared duly passed and adopted. The City Manager introduced an ordinance amending Chapter 15 and 35 of the City Ordinances relative to outlots. The ordinance is a first reading and is recommended for the purpose of clarifying a previous interpretation of the ordinance. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to offer for first reading the amending of Chapter 15 and 35 of the City Ordinances relative to outlots. Voting in favor: Mayor Nyquist, Council- members Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The City Manager recommended an ordinance vacating turn - around easements on Lots 2 and 3 of Block 11, and Lots 1 and 2 of Block 2, Gregor's Addition. In 1962 when Gregor's Addition was platted, turn - around easements were indicated on the plat on the above described lots because 69 -1/2 Avenue was a dead end westerly of Logan Avenue North. Now that 69 -1/2 Avenue North (currently named Irving Lane) has been extended to Irving Avenue North the turn - around easements are no longer needed. One of the property owners 10 -16 -78 -9- has requested the easement be removed from the property owner's deed. This only can be accomplished by an ordinance vacation action for the above referred easements. The ordinance is presented for a first reading. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to offer for first reading the ordinance vacating turn - around easements on Lots 2 and 3 of Block 1 and Lots 1 and 2 of Block 2, Gregor's Addition. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. PUBLIC HEARINGS ON IMPROVEMENT PROTECTS The Mayor noted public hearings were scheduled for 8 :00 p.m. on certain improvement projects The Mayor announced the meeting was open for a public hearing for the consideration of the proposed Water Main Improvement Project. No. 1978 -4. The Mayor called upon all property owners present to present arguments either for or against the proposed improvement. The Mayor recog- nized Mr. R. L. Johnson, Mr. Johnson asked for a recap of the new cost figures for the improvement project as compared fo the cost figures of two months ago. The Director of Public Works reviewed the cost figures. Mr. Johnson also asked for a clarification of requirements for hooking up water service and the sanitary sewer. The Director of Public Works replied there was 'no requirement that water service be hooked up but there was a require - ment the sanitary sewer be hooked up. The sanitary sewer requirement is mandated by both the Metropolitan Waste Commission and by City Ordinance. The sanitary sewer must be hooked up within one year of completion of the sanitary sewer line. The Director of Public Works noted a letter had been received from the owners of Real Estate 10 acknowledging and accepting the project cost. There was no one else to speak at the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on Project No, 1978 -4. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed The Mayor announced the meeting was open for purposes of a public hearing on Sanitary Sewer Improvement Project No. 1978 -5 located in the area of Wingard Lane and Brooklyn Boulevard. The Mayor called upon all property owners present to present arguments ,either for or against the proposed improvement. There was no one to speak at the public hearing. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to close the public hearing on Project No. 1978 -5. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scot. Voting against: none. The motion passed unanimously. The Mayor announced the meeting was open for the purposes of a public hearing for the consideration of the proposed Water Main Improvement Project Nov - 1978 -31 located at the Ponds. The Mayor called upon all property owners present to present arguments either for or against the proposed improvement. There was no one to speak at the public hearing. There was a motion by 10 -16 -78 -10- Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing on Project No. 1978-31. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scotto Voting against: none. The motion passed unanimously. The Mayor announced the meeting was open for the purposes of a public hearing for the consideration of the proposed Storm Sewer Improvement Project No. 1978 -32 located at the Ponds. The Mayor called upon all property owners present to present arguments either for or against the proposed improvement. There was no one to speak at the public hearing. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to close the public hearing on Project No. 1978-32o Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott., Voting; against: none. The motion passed unanimously. The Mayor announced the meeting was open for the purposes of a public hearing for the consideration of the proposed Street Grading, Base & Surfacing Project No. 1978 -33 located at the Ponds. The Mayor called upon all property owners present to present arguments either for or against the proposed improve- ment. There was no one to speak at the public hearing. There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to close the public hearing on Project No. 1978 -33. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The M_ ayor announced the meeting was open for the purspoes of a public hearinq for the consideration of proposed Curb and Gutter Improvement Project No. 1978 -34. The Mayor called upon all property owners present to present arguments either for or against the proposed improvement. There was no one to speak at the public hearinq. There was a motion by Councilmember Lhotka and seconded by Council - member Fianar to close the public hearinq on Project No. 1978 -34. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fianar, Lhotka, and Scott. Votinq acrainst: none. The motion passed unanimously. The Mayor announced the meeting was open for the purposes of a public hearing for the consideration of proposed Storm Sewer Improvement Project No. 1978 -35. The Mayor called upon all property owners present to present arguments either for or against the proposed improvement. There was no one to speak at the public hearinq. There was a motion by Councilmember Kuefler and seconded by Council - member to close the public hearina on Project No. 1978 -35. Votinq in favor: Mayor Nyquist, Councilmembers Kuefler, Fianar, Lhotka, and Scott. Votinq aaainst: none. The motion passed unanimously. The Mayor announced the meeting was open for the purposes of a public hearing for the consideration of proposed Street Grading, Base & Surfacing Project No. 1978 -36. The Mayor called upon all property owners present to present arguments either for or against the proposed improvement. There was no one to speak at the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to close the public hearing on Project No. 1978 -36. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against:. none. The motion passed unanimously. 10 -16 -78 -11- The Mayor announced the meeting was open for the purposes of a public hearing for the consideration of proposed Curb and Gutter Improvement Project No. 1978 -37. The Mayor called upon all property owners present to present arguments either for or against the proposed improvement. There was no- one to speak at the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to close the public hearing on Project No. 1978 -37. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. RESOLUTION NO. 78 -230 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ORDERING WATER MAIN IMPROVEMENT PROJECT NO. 1978 -4 The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, RESOLUTION NO o 78 -231 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ORDERING SANITARY SEWER IMPROVEMENT PROJECT NO. 1978 -5 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. 78 -232 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION ORDERING WATER MAIN IMPROVEMENT PROJECT NO. 1978 -31 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 Noted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLU NO. 7 -233 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ORDERING STORM SEWER IMPROVEMENT PROJECT NO. 1978 -32 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 10 -16 -78 -12- resolution was declared duly passed and adopted, RESOLUTION NO. 78 -23 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ORDERING STREET GRADING, BASF, & SURFACING IMPROVEMENT PROJECT NO. 1978 -33 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 adopLLedo RESOLUTION NO. 78 -235 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ORDERING CURB & GUTTER IMPROVEMENT PROJECT NO. 1978 -34 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. 78 -236 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION ORDERING STORM SEWER IMPROVEMENT PROJECT NO. 1978 -35 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. 78 -237 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ORDERING STREET GRADING, BASE & SURFACING IMPROVEMENT PROJECT NO. 1978 -36 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. 78 - 238 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ORDERING CURB & GUTTER IMPROVEMENT PROJECT NO. 1978 -37 10 -16 -78 -13- 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. The City Manager introduced a resolution regarding contract form for Utility Contract 1978 -0. Bids were scheduled to be opened on Wednesday, October 11, 1978 at 11:00 a.m. The contract contains utility projects as well as the lowering of the water main for the Shingle Creek Relocation Project No. 1978 -40. (Phase I of Central Park Development Program) The Director of Public Works noted there had been problems with acceptance of the bids. After the bids had been accepted, the Director of Public Works received a call from the low bidder who stated he had made an error in pre - senting the bid. The error was a $16,000 error which comprehended the cost for dewatering. The Director of Public Works asked the contractor to bring in the work cost sheets in order to verify the bid had in fact been an honest error. The Director of Public Works indicated it was his feeling the contractor had made an honest error. A brief discussion ensued relative to whether or not the contractor could be forced to do the work for their original bid amount. The City Attorney stated it would not be in the City's best interest to force the contractor to do the work for the bid as originally staged because it was likely this would result in a poor project. The Director of Public Works recommended acceptance of the bid for Projects No. 1978 -4 and 1978 -5 which contained a very small amount of cost for dewatering. The Director of Public Works recommended rejecting the bid on Projects 1978 -31, 1978 -32, 1978 -35, and 1978 -40 and opening new bids on those projects on October 30, 1978. RESOLUTION NO. 78 -239 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (UTILITY CONTRACT 1978 -0) 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 the resolution approving plans and specifications for Utility Contract 1978 -S and directing advertisement for bids. Bids are scheduled to be opened on Monday, October 30, 1978 at 11:00 a.m. RESOLUTION NO. 78 -240 Member Celia Scott introduced the following resolution and moved its adoption RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR WATER MAIN IMPROVEMENT PROJECT NOS. 1978 -31 AND 1978 -40A; AND STORM SEWER 10 -16 -78 -14- IMPROVEMENT PROJECT NOS. 1978 -32 AND 1978 -35, AND DIRECTING ADVERTISEMENT FOR BIDS (UTILITY CONTRACT 1978 -5) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Ficrnar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PLANNING C ITEMS The City Manager noted it had been requested to defer Application No. 78062 submitted by Oasis Development Corporation until the Planning Commission had a chance to again review the application due to substantial changes. The application will be considered at the November 2, 1978 Planning Commission meeting. The City Manager introduced Planning Commission Application No. 78059 submitted by Robert Fosdick for site and building plan approval for the conversion of an abandoned filling station for an eat -in and carry --out restaurant at 5001 Drew Avenue North. The application was recommended for approval at the September 14, 1978 Planning Commission meeting. The application was considered at the September 25, 1978 City Council meeting and was deferred in order to give the applicant a chance to discuss the proposal with the neigh- bors. The Director of Planning and Inspection again reviewed the application. He stated the ordinance required a 35 foot greenstrip and opaque screening when a C -2 abuts R -1 property and that the homeowner directly to the north of the site at 5013 Drew Avenue North presently has a six foot high opaque fence which provides screening from the Cz.2 site, He also stated there is an existing six foot stockade fence apparently erected to screen the service station from the residential property. He continued that the applicant proposed to relocate the stockade fence to provide screening for the trash receptacle and some of the parking spaces. The Director of Planning and Inspection called the Council's attention to Pollution Control Agency's APC 9 which controls odors in ambient air. The Director of Planning and Inspection also reviewed a memorandum from the City Sanitarian concerning the application. The Director of Planning and Inspection noted it was the recommendation of the City Sanitarian that for purposes of protection of the neighborhood several additional conditions should be added for approval of the application. Mayor Nyquist questioned one of the conditions of approval as suggested by the City Sanitarian which stipulated. "The process used shall be reviewed by a competent air pollution control engineering consultant and certified by him as to conformity with the regulations. " Mayor Nyquist questioned how a determination was made as to who qualifies as a "competent air pollution control engineering consultant ". The applicant's architect, Mr. Phillip Johnson, briefly reviewed the operation stating that the barbecue operation as proposed by Mr. Fosdick was different that the barbecue operation being used at Rudolph's Barbecue in Minneapolis. Mr. Heenan, in his memo, had mentioned there is a problem around Rudolph's created in part by the liquid smoke used by the restaurant. The applicant's representative explained he had met with Mr. Pyle of 5013 Drew Avenue north and other concerned neighbors at 7 :00 p.m. on Tuesday, October 10, 1978 10 -16 -78 -15- at the site of the project to present the project to the neighborhood. The applicant discussed the neighbors concerns with the restaurant at that time. The Mayor expressed concern over the hours of operation, The Director of Planning and Inspection noted the City Ordinance does not limit the hours of operation. The applicant's representative explained hours of operation had been discussed but the hours had not been finalized. The actual hours of operation will be dependent on the market. The applicant's representative stated it is anticipated the restaurant would remain open until 9:00 p.m. on weekdays and approximately 1 :00 to 2 :00 a.m. on weekends. Councilmember Fignar noted a concern with the late hours of operation and also with the type of lighting that would be used in the area surrounding the restaurant. The applicant noted he would work with City staff in order to meet the requirements of the ordinance concerning the type of lighting. He also noted the opaque fence would screen headlights from the residential area. Councilmember Lhotka expressed concern over the exterior decor of the building, noting the neighborhood people had requested remodeling the building so that it no longer looks like a filling station. The applicant explained there was a plan for limited exterior remodeling to include diagonal siding and canopies. Councilmember Lhotka also expressed concern over the additional traffic in the area. He noted much of the traffic would come off Highway 100 to 50th Avenue but some traffic would come in through the residential sections, The Director of Planning and Inspection explained since the area was zoned C -2 there would be some influx of nonresidential traffic regardless of what type of use existed in the area. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to approve Planning Commission Application No. 78059 submitted by Robert Fosdick for site and building plan approval for the conversion of an abandoned filling station for an eat -in and carry -out restaurant at 5001 Drew Avenue North with the following conditions of approval: 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. Site, grading, drainage, landscaping and berming plans are subject review and approval by the City Engineer prior to the issuance of permits. 3. Existing underground fuel storage tanks shall be removed as directed by the Building Official. 4. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements, 10 -16 -78 -16- 5. The owner /operator shall be required to operate in strict conformity with the Minnesota Pollution Control Agency Standards related to odors and air pollution. 6. The process shall be reviewed by a competent air pollution control engineering consultant and certified by him as to conformity with the regulations . 7. The process shall be defined in writing (type of fuel, equipment and cooking sauces) with no changes permitted without prior written approval. In discussion of the motion, the Council noted it was their preference to have a full width of fence on the northern boundary. The Mayor stated a public hearing was not required on the application but recognized a citizen from the audience. The citizen requested the City to consider blocking off Drew Avenue. The City Manager stated a traffic problem was not unique to Drew Avenue or Ewing Avenue He explained it would be feasible for the City to block off Drew Avenue but traffic would then be redirected to other areas, potentially causing problems in other locations The City Manager explained it would be important to take a comprehensive look at the entire area before blocking off Drew Avenue. The City Manager also stated the blocking off of Drew Avenue would reduce ready access to other areas. The City Manager noted France Avenue is a municipal state aid street. If Drew Avenue was blocked there would be a significant impact on France Avenue where occasionally there already exists a traffic problem. Additionally, the City Manager explained maintenance costs would be increased due to the need for different snow plowing equipment on cul -de- sac streets. The Council expressed an interest in pursuing the possibility of blocking off Drew Avenue. The City Manager stated staff would make an analysis of the entire area and present the information to the Council. In vote on the motion, the following voted in favor: Mayor Nyquist, Council- members Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. 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 addition at Brookdale Ford, 2590 County Road 10. The application was recommended for approval at the October 5, 1978 Planning Commission meeting. The Director of Planning and Inspection reviewed a transparency of the area and stated the applicant proposed an approximate 25 foot by 47 foot office addition, a 42 foot by 175 foot addition to the service garage on the north side of the existing building, and a 35 foot by 72 foot addition to the free standing body shop located on the east edge of the site. He explained the Commission had reviewed a revised master plan and landscape plan for 10 -16 -78 -17- for Brookdale Ford on July 13, 1978. He stated at that time the applicant had indicated they would seek approval at a later date for the various additions to their site. He stated the plans were being incorporated with the revised master plan and seemed to be in order. He reviewed the recommended conditions of approval. The Director of Planning and Inspection pointed out the triangular piece of property on the west side of the site which would square off the site had not" yet been purchased by the applicant and was not a part of the site. He stated the master plan had been reviewed with the understanding that the piece of property might be acquired by the applicant. He also pointed out on the site plan the areas for which the building additions were proposed. The Director of Planning and Inspection explained that if the triangular piece of property were purchased and added to the site, the access to the site would probably be changed. He stated that in view of this, the Commission had approved a bituminous curb and gutter for that area of the site. In discussion of the application, Councilmember Scott stated she was concerned with status of site improvements on the County Road 10 side towards Highway 100 which were promised two years ago. Other Council members expressed a sim,.lar concern. The applicant responded that the landscaping was presently being taken care of and that construction problems and weather problems had delayed the completion of the site improvements, Mr. Scott Palmer, a repre- sentative' of Brookdale Ford, stated the site improvements could.not have been completed any sooner due to the aforementioned problems, Mr. Palmer further explained, tree site improvements could not have been completed until now because the City Engineer had to look at the drainage for the area and additionally, some of the improvements were contingent on the buying of the NSP easement. Councilmember Kuefler disagreed with the applicant noting the landscaping of County Road 10 and Shingle Creek Parkway were not contingent on the buying of the NSP easement and two years was, in his estimation, too slow. In further discussion, the City Council requested the City Manager to research the legal ramifications of the enforcement of performance agreements. The Council suggested the setting of a time limit on improvements, or making the approval of future applications contingent on the completion of site improvements on former projects. The Council also briefly discussed the possibility of foreclosing on bonds when the site improvements were not completed. There was a motion by Councilmember Kuefler and seconded by Councilmember Fignar to defer Planning Commission Application No. 78060 until the October 30 1978 meeting in order that the status of the site improvements on County Road 10 and Highway 100 can be reviewed. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Laotka, and Scott. Voting against: none. The motion passed unanimously. The City Manager introduced Planning Commission Application No. 78063 submitted by Poppin Fresh Pies, Inc. for site and building plan approval to remodel and expand the existing Poppin Fresh Pie Shop at 5601 Xerxes Avenue North. 10 -16 -78 -18- The Director of Planning and Inspection showed a transparency of the area and stated the applicant proposed to build a vestibule addition on the north side of the building and a dining and lavatory addition on the south side of the building. He stated the plans comprehended total parking for 73 cars. He explained the parking would be adequate since there would be 129 seats and a maximum of 16 employees. He explained the proposal included the reconfiguration of some of the existing parking spaces on the site in order to provide for more spaces, and moving the trash disposal facility to a screened area closer to the building. He continued that a landscaping plan had been provided and that there was some discrepancy between what was indicated on the plan as existing plantings, and what was actually in place. The Director of Planning and Inspection noted the City held a $1 , 000 bond to cover the improvements approved under the original application. He pointed out there were several trees which had not yet been planted. In discussion of the application, Councilmember Kuefler pointed out he was concerned about approving applications when former site improvements had not been taken care of. He expressed concern over a problem with performance agreements. Councilmember Kuefler further indicated he was unsure whether the arrangement with performance agreements was working as originally planned. The Director of Planning and Inspection explained, at times, there was some ambiguity about whether or not the landscapingr had been completed because occasionally, the applicant puts in additional shrubbery or trees which could be viewed as a trade off for certain other shrubbery or trees as mentioned in the original landscaping plans. The City Attorney explained the performance bond and performance agreement had been reviewed approximately one year ago and that he considered them quite stringent, The bond is set at 150% of the project costa The City Manager suggested the Council might wish to consider using a cash escrow rather than a bond. The City Attorney concurred the Council might wish to explore the possibility of using a cash escrow, The City Manager also suggested the Council might wish to consider using only bond releases rather than bond reductions. In further discussion of the application, Councilmember Scott questioned the location of the handicapped stalls. The Director of Planning and Inspection noted the location may be a function of the width needed to accommodate the handicapped parking stalls. A representative of the applicant explained the stalls could possibly be moved closer to the ramps if there was enough space. Councilmember Scott also complimented the applicant on making the restaurant accessible to the handicapped. She further expanded on her earlier questions, noting she has received many complaints that parking spaces for the handicapped are too far from the ramp. She explained the handicapped should not have to traverse the entire parking lot in order to reach the ramp. Councilmember Fignar questioned whether or not we could approve the Poppin Fresh Pie Shop application since former site improvements had not been 10 -16 -78 -19- completed, in light of the earlier action on the Brookdale Ford application. The City Attorney replied he�did not see a problem in approving Application No. 78063 because this application is substantially different than the Brookdale Ford application, He explained there would not be a double standard. There was a motion by Councilmember Scott and seconded by Councilmember Fignar to approve Planning Commission Application No. 78063 submitted by Poppin Fresh Pies, Inc. for site and building plan approval to remodel and expand the existing Poppin Fresh Pie Shop at 5601 Xerxes Avenue North subject to the following conditions: 1 . Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and landscaping plans are subject to review and approval by the City Engineer prior to the issuance of permits, 3. A performance agreement and supporti_ag financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements. 4. The building shall be equipped with automatic fire extinguishing system to meet MFPA Standard No. 13. 5. The revised landscape plan approved under this application shall override the reviousl a p p roved landscape p lan. p Y pp p I Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scotto Voting against: none. The motion passed unanimously. DISCUSSION ITEMS The City Manager introduced a representative of Northwest Hennepin Human Services Council to present information on Council services and on the "Inventory of Human Services". Mr. Ken McCarty explained the Northwest Hennepin Human Services Council was a joint powers agreement among municipalities and received funding from Hennepin County. The Council w;:�s originated to 'control the development of human services in the north- west area. The Northwest Hennepin Human Services Council does not provide direct services nor does the Council deal - directly with clients although sometimes the Council may serve to initiate various types of services when needed. He explained the purpose of the Council was basically community based planning which included matching services, needs and resources. Mr. McCarty pointed out the Inventory of Human Services categorizes, analyzes and defines services, The Inventory was initiated largely at the encouragement of Mr. Don Poss and Ms. Connie Cobb in order that a data base could be laid for a determination 10- -16 -78 -20- of the services needed in the northwest area. It was hoped the Inventory would make possible an improvement in the quality of policy and programs for human services, The Inventory examines what programs do based on information supplied by the providers of the service. The data collected is current as of 1977. Eventually, it is hoped comparisons can be made as to where services can be handled most effectively and efficiently. Mr. McCarty proceeded to review the Inventory, noting four types of infor- mation had been gathered for the Inventory; classification information, budget information, client information, and program analysis information. Mr. McCarty concluded his comments by stating it was the hope of the Northwest Human Services Council that the Council's work and the Inventory would be helpful in determining local priorities for human services planning. Councilmember Kuefler complimented Mr. McCarty and other members of the Northwest Hennepin Human Services Council for the preparation of the Inventory, Councilmember Kuefler further commented he would like to see a delineation of which services are available in which community. Mr. McCarty mentioned it might be possible to begin work on that type of a matrix. DISCUSSION OF THE PROPOSED CHARTER AMEN The City Manager introduced Chairman Kanatz of the Charter Commission who was present to explain the Charter amendments as proposed by the Charter Commission, Chairman Kanatz explained the study of the Charter wa s begun several years ago, at which time three communities, each one addressing a portion of the Charter, were formed. In the ensuing time, new Charter members have been added. After considerable study, the Charter Commission decided to deal with 24 major issues. Both the City Manager and the City Attorney have reviewed the Commission's proposed amendments and made certain suggestions for change. Chairman Kanatz noted she would be presenting the original Charter amendments as proposed by the Charter Commission. Chairman Kanatz also pointed out to accurately suggest intent of the individual commission members for each of the Charter amendments would be difficult but she would attempt to give the general philosophy. Chairman Kanatz called the Council's attention to the minutes of the June 12, 1978 Charter Commission meeting which included the proposed Charter amendments. The minutes of the Brooklyn Center Charter Commission for the meeting of June 12, 1978 are attached as part of the official record. Chairman Kanatz proceeded to explain each of the amendments. Amendment 1: Section 2.03 to increase the .number of Council members from four to six was defeated. Amendment 2: Section 2.03 limits the amount of time each Council member and the Mayor shall serve. Chairman Kanatz indicated the purpose of this 10 -16 -78 -21- amendment was to open up the process by making it impossible to hold office for a considerable time. Chariman Kanatz noted the City Attorney had pointed out this provision may infringe on the right of the citizen to hold public office according to the Minnesota Constitution Article 7 Section 6. The City Attorney stated there are not Minnesota Supreme Court cases dealing with this particular subject. The City Attorney also stated there was a need for clarification of the term "consecutive". Amendment 3: Section 2.04 more stringently controls paid appointive office or employment with the City after the expiration of a Council member's or Mayor's term, Amendment 4: Section 2.05 increases the number required for a quorum on the City Council from three to four. Amendment 5: Section 3.01 increases the amount of time from 12 hours to 24 hours, required notice to each member of the Council for special meetings of the Council. Additionally, amendment 5 adds the stipulation that all meetings of the Council must be in compliance with the State Open Meeting Law. Chair- man Kanatz noted the City Attorney had suggested the citation should read Minnesota Open Meeting Law because that is the official citation which is set out in the Statute. Amendment 6: Section 3.03 makes it mandatory rather than permissive to compel attendance of absent members of the Council. Amendment 7: Section 3.04 would require that abstentions as well as the aye and no vote be recorded on ordinances. Amendment 8: Section 3.05 changes the reference from legal to official news- paper in order to be consistent with other references to the newspaper. Amendment 9: Section 3.08 requires that every ordinance should be published at least once in the official newspaper within 30 days of its final passage. Amendment 10: Section 4.01 requires all matters to be voted upon would be included in the published notice given at least two weeks before the holding of the election. Amendment 11: .Section 4.02 requires there to be three nominees selected in the primary election rather than two unless no more than three nominees file for each elective office. Chairman Kanatz noted the purpose of this amendment was again, openina up of the elective process. Amendment 12: Section 4.03 added the words "of weekly" in the statement "at least three weeks of weekly published notice of a special election shall be given in the official newspaper ". Amendment 13: Section 5.01 states the Chapter on Initiative and Referendum should be construed liberally in favor of the people. 10 -16 -78 -22- Amendment 14: Section 5.02 to eliminate the wording requiring a financial statement was defeated. Amendment 15: Section 5.02 would add a paragraph requiring the City not to expend City money on services in favor of or in opposition to a petition. Amendment 16: Section 5.02 would change the placement of the statement "any violation of the provisions of this paragraph shall constitute a mis- demeanor ". As a result of the change, the misdemeanor would apply to the entire section. In response to questions from the City Attorney, Chairman Kanatz replied she was not able to report with clarity on the intent of the Charter Commission as to who would be liable for the misdemeanor charges. There was no discussion as to who is the violator. Amendment 17: Section 5,09 is for the purposes of a clarification of Section 5.09 by changing the title and removing the reference to the laws at the bottom of the page. Amendment 18: Section 6.04 deletes the reference to the City Clerk as keeper of the records because it was the feeling of the Commission the provision of the Charter was not germane to the way in which the records are presently kept. Chairman Kanatz noted the City Attorney pointed out that while the actual duty of record keeping may be placed on any public official, to abolish it from the Charter would probably contravene a general law on a subject of state wide concern and would, therefore, be an inappropriate amendment to the Charter unless that duty be replaced on some other official. Amendment 19: Section 6.05 and Amendment 20: Section 6.06 limits the amount the City Manager may make or let contracts by State Statute rather than by a dollar amount. Chairman Kanatz noted the City Attorney had suggested referencing the State Statute by title, the Uniform Municipal Contracting Law, if it was the wish of the Charter Commission to refer to a State Statute. The City Attorney further suggested, in order to determine that oint at which the City Manager must obtain Council approval before p Y a pp making a purchase, it would be best to simply state a dollar amount in the Charter. Chairman Kanatz also noted, the City Manager had suggested language to increase the dollar figure. Amendment 21: Section 7.16 would be deleted. Amendment 22: Is not applicable. Amendment 23: Section 11.01 and Section 11 .04 requires an approval by a majority of the electors voting thereon, at a general or a special election concerning acquisition of utility properties and the operation of utilities, Chairman Kanatz noted the City Attorney had suggested use of the word voters rather than electors. Amendment 24: Would correct the gender throughout the Charter to he /she. The City Attorney suggested possibly reconstructing the sentences in the 10 -16 -78 -23- Charter rather than changing to he /she throughout. Chairman Kanatz requested the Council to consider the amendments as proposed by the Charter Commission. Chairman Kanatz again noted suggestions had been made by both the City Manager and the City Attorney but the amendments as presented by Chairman Kanatz, were the amendments proposed by formal action of the Charter Commission. In response to questions from the Council, the City Attorney briefly outlined the process by which the Charter amendments could be approved. He stated the City Council may enact a Charter amendment by ordinance but such ordinance, if enacted, shall be adopted by the Council by an affirmative vote of all of its members after a public hearing. He further noted that within 60 days after passage and publication of such an ordinance, a petition requesting a referendum on the ordinance could be filed with the City Clerk. If a petition is filed within the prescribed period, the ordinance will not become effective until it is approved by the voters. The City Attorney explained there was a need for clarification on the process if the Council did not pass the ordinance with an affirmative vote of all of its members. The City Attorney indicated he would be prepared to more clearly define the process at the next City Council meeting. The City Manager suggested the Council might wish to study the proposed amendments and the suggestions as made by the City Attorney and the City Manager. A discussion of the Charter amendments could be held at `the October 30, 1978 Council meeting, Councilmember Kuefler asked whether or not there was a time frame under which a decision must be made on the proposed Charter amendments. The City Attorney replied there was no specific time frame. Chairman Kanatz indicated she hoped the Council would react with all deliberate speed concerning the proposed Charter amendments. Councilmember Kuefler thanked Chairman Kanatz and the Charter Commission for the thorough research which they had done in proposing the Charter amendments and for their honest attempt to update the Charter. DISCUSSION ON THE FEASIBILITY OF USING COMMUNITY DEVELOPMENT MONIES FOR CEAP The City Manager referred the Council to a memo from Mr. Brad Hoffman, Administrative Assistant, relative to the use of Community Development monies for the construction of a buildings to be used by CEAP. It had been noted at the September 25, 1978 Council meeting that Brooklyn Park had allocated $80,000 of Community Development money for the construction of a CEAP building. At that time, the City Council requested that staff provide information as to whether it was feasible to use Community Development money in Brooklyn Center for CEAP. Brooklyn Center could use Community Development money for such a project if it could meet three criteria. First, Community Development money could be used only in the construction of the CEAP building and related construction projects. Second, it would be encumbent upon the City to demonstrate that 10 -16 -78 -24- a majority of the recipients of CEAP services residing in Brooklyn Center reside in two particular census tracts. Third, in order to use Community Development monies for the construction of a CEAP building, construction cannot start prior to receiving the funds for the project. We would anticipate funding on or about August 3, 1979. Councilmember Kuefler suggested that the City Manager should meet with the CEAP Board and present to them the alternatives as to how the $80,000 of Brooklyn Park Community Development monF -s could be used and the guidelines for using Brooklyn Center Community Devc-'. ,;, monies for CEAP. Council- member Kuefler noted the CEAP Board woulc` 'De in a better position to make decisions with this additional information. DISCUSSION OF THE STATUS OF BIDDING FOR SALE OF PROPERTY AT 7100 BROO KLYN BOUL The City Manager explained quotations had been received on the purchase of the old City Hall property. Prior to the receipt of the quotes, we had requested appraisals of the property. The bids received were considerably lower than the media appraisal. The City Manager recommended that all bids be rejected and that t e property be advertised for sale again. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott to reject the present bids and advertise the property for sale again. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. DISCUSSION OF A SUPERVISORY DEVELOPMENT PROGRAM The City Manager briefly explained a supervisory development program for middle and first line supervisors. The City Manager recommended the first part of the program be initiated in 1978. The majority of the supervisory development program would take place in 1979 and has been approved as part of the Unallocated Departmental Expense Budget for 1979. In order to begin the program in 1978, it is recommended the Council authorize the expenditure of $400 for the supervisory development program from the Council's Professional Services Budget. The additional $500 needed for the initiation of the program in 1978 would be taken from the Police Department Budget. There was a motion by Councilmember Fiqnar and seconded by Councilmember Lhotka to authorize the expenditure of $400 for the supervisory development program from the Council's Professional Services Budget. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. As a point of information, the City Manager explained the City would be participating in joint bargaining through the Metropolitan Area Management Association. The City Manager noted he was the Chairman of the joint Bargaining Committee for the 320 Contract. DECL S URPLUS PROPER The City Manager recommended the four existing. pool tables in the Community Center be declared surplus property. The four existing pool tables would be 10 -16 -78 -25- I replaced with coin operated pool tables. It is projected that this method will increase revenues up to 25 %, and at the same time will relieve clerical and supervisory personnel from having to check membership cards, hold driver's licenses, make change, check out balls, and watch time limits. Under this arrangement the City will receive 50% of the gross receipts and will have no responsibility for maintenance of tables, balls, cues, etc. There was a motion by Councilmember Fiqnar and seconded by Councilmember Lhotka to declare the four existing pool tables in the Community Center as surplus property. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fiqnar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. LIC ENSES Motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the following list of licenses: BINGO LICENSE Willow Lane School P.T.A. 7020 Perry Ave. No. ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Mrs. Jaycees 5321 Penn Avenue North (Haunted House) MECHANICAL SYSTEM'S LICENSE Airco Heating & Air Conditioning 4014 Central Ave. N.E. Lyle's Refrigeration 5502 Douglas Drive RENTAL DWELLING LICENSE Initial: Rudolph J. Olson 6505 Brooklyn Blvd. Bill Howe & Thomas Howe 3129 - 49th Ave. No. Renewal: Keith L. Nordby 6012 Brooklyn Blvd Bertil G. Johnson 6107 Brooklyn Blvd. Manferd Rasmussen & John Christenson 7020 Brooklyn Blvd. Fred R. Ledin 5843 Fremont Ave. No. Transfer: Village Properties Evergreen Park Apts. Lyn River Corporation Lyn River Apts . SIGNHANGER'S LICENSE Macey Sign Company 451 Wilson St. N.E. 10 -16 -78 -26- Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Votinq against: none. The motion passed unanimously. ADJOURNME Motion by Councilmember Kuefler and seconded by Councilmember Fignar 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 12:08 a.m. Clerk Mayor . 10 -16 -78 -27-