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HomeMy WebLinkAbout1977 12-19 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 DECEMBER 19, 1977 CITY HALL Call to Order The Brooklyn Center City Council met in regular session and was called to order by Mayor Philip Cohen at 7 :30 p.m. Roll Call Mayor Philip Cohen, Councilmen Tony Kuefler, Bill Fignar, and Gene Lhotka. Also present were City Manager Gerald Splinter, Director of Public Works James Merila, Director of Finance Paul Holmlund, Director of Planning and Inspection Blair Tremere, Greg Bistram of the City Attorney's office, and Administrative Assistant Ronald Warren. Presentation of Mayor Cohen formally presented Brooklyn Center's expression Commendation of appreciation to Lou Howard for his service to the City as chairman of the Brooklyn Center Housing Commission. Action Authorizing Execution Motion by Councilman Lhotka and seconded by Councilman of an Agreement Kuefler to authorize the Mayor and the City Manager to execute: an agreement for the independent audit of the City's 1977 financial records with Moen and Penttila, certified public accountants. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against:- none. The motion passed unanimously. Approval of Fire Relief Motion by Councilman Fignar and seconded by Councilman Association Investments Kuefler,to approve the following Fire Relief Association invest- ments: 1. Purchase $10,000 Mississippi Power and Light due 11/1/96 at 6.375% for 79 -3/4 per share ($7,975). 2. Purchase $30,000 Interstate Power Company due 5/1/91 at 4.875% for 71 -1/2 per share ($21,450). 3. Purchase $30,000 Consumers Power Company due 7/1/97 at 6% for 74.8 per share ($22,440). Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Councilman Fignar left the table at 7 :40 p.m. and returned at 7:41 p.m. RESOLUTION Member Gene Lhotka introduced the following resolution and NO. 77 -247 moved its adoption: RESOLUTION REQUESTING APPROPRIATION OF MUNICIPAL STATE AID FUNDS TO T.H. 152 PEDESTRIAN BRIDGE PROJECT 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: Philip Cohen, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -1- 12 -19 -77 Member Tony Kuefler introduced the following resolution and RESOLUTIO' moved 'its adoption: NO. 77 -248 RESOLUTION REQUESTING APPROPRIATION OF MUNICIPAL STATE AID FUNDS TO C.S.A.H. NO'S. 10 AND 57 TRAFFIC SIGNAL PROJECTS 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: Philip Cohen, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Gene Lhotka introduced the following resolution and RESOLUTION moved its adoption: NO. 77 -249 RESOLUTION AMENDING THE APPROPRIATION OF FUNDS FOR FINANCING HENNEPIN COUNTY AGREEMENT NO. PW- 02 -02 -75 REGARDING C. S.A. H . NO. 10 AND 5 7 TRAFFIC SIGNAL PROJECT 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: Philip Cohen, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, Member Bill Fignar introduced the following resolution and RESOLUTION moved its adoption: NO. 77 -250 RESOLUTION AUTHORIZING THE PURCHASE OF TWO TAILGATE MATERIAL SPREADERS 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: Philip Cohen, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and ; adopted. Member Gene Lhotka introduced the following resolution and RESOLUTION moved its adoption: NO. 77 -251 RESOLUTION AUTHORIZING THE PURCHASE OF ONE BACKHOE ATTACHMENT 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: Philip Cohen, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Tony Kuefler introduced the following resolution and RESOLUTION moved its adoption: NO. 77 -252 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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: Philip Cohen, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 12 -19 -77 -2 ,, ()LUTION Member Gene Lhotka introduced the following resolution and 77 -253 moved its adoption: RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY)' 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: Philip Cohen, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. OLUTION Member Bill Fignar introduced the following resolution and t, 77 -254 moved its adoption: RESOLUTION ACCEPTING WORK (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: Philip Cohen, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ;Inning Commission The City Manager introduced the next item of business, that °-lication No. 77034 of Planning Commission Application No. 77034 submitted by shard Rockstad) Richard Rockstad. He stated that on August 22, 1977 the City Council tabled this application for further review regardinc- greenstrip variances on Brooklyn Boulevard, possible ordinance inconsistencies, and whether the circumstances of this appli- cation merit amendment of the ordinance greenstrip standards He reported that the Planning Commission had reviewed this matter at their December 8, 1977 and December 15, 1977 meetings, and had adopted Planning Commission Resolution No. 77 -8 which conveys its findings and recommendations to the City Council. The Director of Planning. and Inspection proceeded to review the application and the Planning Commission action at its December 8 and December 15, 1977 meetings. He explained that the applicant had received a special use permit for a C -1 use in the R -5 district which required that all C -1 requirements be met. He explained there is a 35 foot minimum greenstrip requirement in a C -1 zone along major thoroughfares while in an R -5 zone and in the C -2 zone there is only a 15 foot greenstrip requirement. He explained the Planning Commission had been directed by the City Council to review and comment on three specific areas with respect to this application: 1. Any previous greenstrip variances granted for properties abutting Brooklyn Boulevard, and whether the grounds for any such variances included_ taking of land by the Highway Department. 2. Possible ordinance inconsistencies among greenstrip requirements for different zoning districts. 3. Whether this information and the circumstances of this application merit amendment of the ordinance green- strip standards. He stated that the Planning Commission had reviewed the zoning district minimum setback and greenstrip requirements along major thoroughfares and local streets and had also reviewed the remaining C -1 and R -5 properties along major -3- 12 -19 -77 thoroughfares which would be affected by the precedent set in granting such a variance. He further stated that the Planning Commission was polled at the December 8, 1977 meeting and it was the consensus of the Commission that the ordinance language should remain as it is, that there was no reason for granting such a variance as comprehended in this applica- tion and that they favored a uniform setback requirement that would be the same for both C -1 and R -5 properties and that this uniform requirement should be 35 feet. He added that 'the Commission had directed that a resolution setting forth its recommendation be brought to the Planning Commission at its December 15, 1977 meeting. The Director of Planning and Inspection reported that the Com- mission, on December 15, 1977, adopted Planning Commission Resolution No. 77 -8 which conveyed the following findings and recommendations to the City Council. 1 . There is no precedent for reduction of minimum required greenstrips on properties abutting Brooklyn Boulevard through variances from the present zoning ordinance on the basis of land acquisition for highway purposes. 2. The ordinance minimum greenstrip requirements for developments along major thoroughfares are not uniform for all zoning districts. 3. This information and the circumstances of Application No. 77034 suggest that it would be in order for the Council to direct amendment of the zoning ordinance to establish a uniform minimum greenstrip requirement for all properties along major thoroughfares. 4. A minimum greenstrip width of 35 feet is recommended for the uniform standard for all developments abutting major thoroughfares, 5. The Commission recommendation of August 11, 1977 that Application No. 77034 be denied, is reaffirmed for the reasons cited. In response to an inquiry .by Mayor Cohen, the Director of Planning and Inspection stated that there have been no greenstrip variances permitted by the City Council with respect to the present zoning ordinance. Mayor Cohen stated he thought there were some differences from the 35 foot greenstrip requirement along major thoroughfares. that may have been permitted prior to the present rezoning ordinance and referred to the Rog and Jim's Superette situa- tion. In response to an inquiry by Councilman Fignar, the Director of Planning and Inspection stated that it seems that the only rationale for different greenstrip requirements in the C -1 and R -5 districts is that C -1 uses tend to have more static parking. He pointed out that typically C -2 uses tend to have more of a fluid traffic flow and more turnover, and that this seems to be the rationale for such requirements. Councilman Fignar stated that Mr. Rockstad was asking for short term parking in front of his proposed new building and inquired if it was possible for Mr. Rockstad to build such a parking area at the rear of the building. The Director of Planning and Inspection responded that this would not really be feasible under the applicant's plans in that there still would be need for an approximate 15 foot variance. 12 -19 -77 -4- The Director of Planning and Inspection stated that basically the Planning Commission is recommending that there be uni- formity with respect to greenstrip requirements on major thoroughfares and that in order to accomplish this uniformity they recommend a 35 foot greenstrip rather than a 15 foot greenstrip; Mayor Cohen inquired if there was enough vacant properties that would be affected by such a requirement to warrant an on -site look at these properties. The Director of Planning and Inspection responded that it would be a good opportunity, particularly for the new City Council and the new Planning Commission as well to look at these areas during an on -site tour. Mayor Cohen suggested that possibly such a tour could be arranged for the Council and the Planning Commission for next spring. In response to another inquiry by Mayor Cohen, the Director of Planning and Inspection commented on the status of Mr. Rockstad's plans for the office building. He explained that the applicant was ready to go with site and building plans that had been approved which did not comprehend the variance request but that the applicant has encountered some unexpected costs with the project. He further explained that the house which had been located on the site has been removed and that it is possible that the applicant may present amended site and building plans for further review by the Planning Commission and City Council. Action Denying Planning Following further discussion there was a motion by Council Commission Application man Kuefler and seconded by Councilman Fignar to deny No. 77034 (Richard - Planning Commission Application No. 77034 submitted by Rockstad) Richard Rockstad based on the following: 1. There is no precedent for reduction of minimum required greenstrips on properties abutting Brooklyn Boulevard through variances from the present zoning ordinance on the basis of land acquisition for highway purposes. 2. The ordinance minimum greenstrip requirements for developments along major thoroughfares are not uniform for all zoning districts. 3. This information and the circumstances of Application No. 77034 suggest that it would be in order for the Council to direct amendment of the zoning ordinance to establish a uniform minimum greenstrip requirement . for all properties along major thoroughfares. 4. A minimum greenstrip width of 35 feet is recommended for the uniform standard for all developments abutting major thoroughfares. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Action Directing Further Following further discussion there was a motion by Councilman Research and Review Lhotka and seconded by Councilman Fignar to direct the City Manager to further review the matter of greenstrip variances on major thoroughfares to see if any variances were granted under ordinances in effect prior to the current zoning ordinance and also that this matter of greenstrip variances on major thoroughfares be brought before the Council in the spring of 1978 for possible on -site analysis of the situation. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against:. none. The motion passed unani- mously. -5- 12 -19 - The City Manager introduced the next item of business on Planning Commission the agenda, that of Planning Commission Application No. 77063 Application No. 77063 submitted by Herbert Beighey. (Herbert Beighey) The Director of Planning and Inspection proceeded with a review of Application No. 77063 and the Planning Commission action at its December 8, 1977 meeting. He stated the applicant was seeking approval of a preliminary plat of the area located at the northwest corner of 69th Avenue North and West River Road. He explained that the property currently is a large single family parcel containing a single family home, and that the proposal would create a new 85 foot wide interior lot to the west of the existing house which fronts onto 69th Avenue North. He reported that the Comprehensive Plan designated the area as R -1 (single family residential) and that the property immediately north of the parcel is currently zoned single family residential and the adjacent property to the northwest is currently zoned R -4 (multi- family residential) He explained that the present proposal was consistent with the Comprehensive Plan and added that since the new lot would be fronting onto 69th Avenue North, a major thoroughfare, that there would be a 50 foot front yard setback requirement. He next reviewed a transparency showing the location and configuration of the property in question and a brief discussion ensued relative to the application. In response to an inquiry by Councilman Kuefler, the Director of Planning and Inspection stated that x; there would be no removal or destruction of the existing house at the location. Mayor Cohen recognized the applicant, Mr. Herbert Beighey, who stated that he had nothing further to add to the application. Mayor Cohen opened the meeting for purposes of a public hearing. Public Hearing No one spoke relating to the application. The Director of Planning and Inspection stated that both the State and County Highway Departments had been contacted with respect to this application and have submitted letters to the filed He added that the State has recommended that there be a 20 foot easement instead of a 10 foot easement for right -of -way purposes on West River Road. He pointed out that the applicant is aware of this request and does not object. Following further discussion there was a motion by Councilman Action Approving Planning Fignar and seconded by Councilman Lhotka to approve Planning Commission Application Commission Application No. 77063 subject to the following No, 77063 (Herbert requirements: Beighey) 1 . Final plat is subject to review and approval by the City Engineer. 2. Final plat is subject to the requirements of the City Subdivision Ordinance. 3. The final plat is subject to a 20 foot easement for highway right -of -way purposes on West River Road. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. The City Manager introduced the next item of business on the Planning Commission agenda, that of Planning Commission Application No. 77067 Application No. 77067 submitted by Northwestern Bell Telephone. The Director of (Northwestern Bell manning and Inspection proceeded to review. Application No. Telephone) 77067 and the Planning Commission action at its November 17, 1977 and December 15, 1977 meetings. He stated that the 12 -19 -77 -6- applicant was seeking a special use permit for a gasoline storage and dispensing facility at the rear of the office and service building located at 6540 Shingle Creek Parkway. He explained that the front portion of the building is an office facility and the rear portion is inside parking for telephone company utility trucks. He further explained that when the City Council approved the site and building plans for the building under Application No. 70039, it also approved a variance to permit certain outside storage in recognition that large, heavy telephone wire reels would be difficult to store and handle inside a building. He reported that the applicant proposed the location of the gasoline facility in the vicinity of the existing storage area, and the existing storage area fencing would be removed and a concrete pad would be installed. He further explained that through approval of the special use permit for this gasoline facility, the applicant would forego the variance for outside storage. He added that if there is to be an outside storage :area, it must be evaluated separately. The Director of Planning and Inspection reported that the Planning Commission had tabled Application No. 77067 at its November 17 meeting to allow for re- evaluation of the location of the proposed facility, and to permit the applicant time to revise the plans as necessary to reflect all desired uses. He reported that the application was again considered on December 15, 1977 and reviewed those minutes with members of the City Council. He next reviewed a transparency 'showing the location and configuration of the property in question and various slides depicting the area. He reported that the plans had been reviewed and were determined to provide proper driving aisle width both for the employee parking and for access to the pump island. Mayor Cohen commented on the fact that the fence around the outside of the storage area was in need of repair and lacks maintenance. Further discussion ensued relative to the application with Mayor Cohen commenting on the maintenance of slat board fences such as the fence at the City maintenance annex. Mayor Cohen recognized Mr. Roger Bolz; who represented the applicant, Northwestern Bell Telephone. Mr. Bolz explained that the reason for the application is to provide bulk storage in case of another shortage,. In response to an inquiry by Councilman Kuefler, Mr. Bolz stated that he does not object to upgrading and maintaining the property as suggested. Public Hearing Mayor Cohen opened the meeting for purposes of a public hearing. No one spoke relating to the application. Action Approving Planning Following further discussion there was a motion by Councilman_` Commission Application Kuefler, seconded by Councilman Fignar to approve Planning No, 77067 (Northwestern Commission Application No. 77067 submitted by Northwestern °Bell Telephone) Bell Telephone for the property at 6540 Shingle Creek Parkway subject to the following conditions: 1 . The permit is issued to the applicant as operator of the facility and is not transferable. 2. The special use permit is subject to all codes, regu- lations and ordinances, including special licensing requirements of the, City and violation thereof shall be grounds for revocation. 3. Any outside trash disposal facilities shall be appro- priately screened. -7- 12 -19 -77 4. The existing fence shall be repaired as necessary and properly maintained. 5. There shall be no outside storage of equipment or materials other than permitted by the City Council under Application No. 70039, unless specifically approved by a subsequent variance action allowing such storage in the I -1 zoning district. Voting in.favor: Mayor Cohen, Councilmen Kuefler, Figna�, and Lhotka. Voting against: none. The motion passed unanimously. The City Manager introduced the next item of business on the Planning` Commission agenda, that of Planning Commission Application No. 77068 Application No. 77060 submitted by William Pierce. (William Pierce) The Director of Planning and Inspection proceeded with a'review of Application No. 77068 and the Planning Commission actionf-. at its December 15, 1977 meeting. He stated that the applicant is seeking an amendment to an existing special use permit for a drive -in restaurant in the C -2 zone, the A & W Drive -in at 6837 Brooklyn Boulevard. He explained that the proposal is to add a dining room of approximately 100 seats and to make related site improvements, including curb and gutter, land - scaping, additional parking and site lighting. He reported that there is an existing concrete 'median in front of the property on Brooklyn Boulevard making the north driveway effectively right -in and right -out only. He explained that there is an electronic security fence and protective' posts which are on the common boundary between Brookdale Pontiac and the A & W Drive -in. He added that there is a private easement agreement in effect between A & W and Brookdale Pontiac relative to the use of the south curb cut. He further stated that while a concrete island was proposed for that part of the common boundary, there was an area where curb would not be advisable due to the width require - ments for a driving aisle. He also reported that for the proposed seating there was a shortage on one parking space on the site, but that this could be rectified by eliminating one of the electronic call-in stations. The Director of Planning and Inspection stated that the site had adequate parking spaces, but the ordinance does not permit drive -in stalls to be credited to the requirements of the inside seating. He explained that the applicant can either adjust the number of seats or the number of drive -in stalls to satisfy the ordinance standard. He then reviewed a transparency showing the location and configuration of the property in question and various slides depicting the area. He also reviewed the site and building plans with members of the City Council and a brief discussion ensued relative to the application, Mayor Cohen recognized 'Mr. William Pierce who showed the Council a model of the expanded A & W Drive -in. Mayor Cohen opened the meeting for purposes of a public Public Hearing hearing. No one spoke relating to the application. Following further discussion there was a motion by Council - Action Approving Planning Lhotka and seconded by Councilman Fignar to approve Planning Commission Application Commission Application No. 77068 submitted by William Pierce No. 77068 (William Piece) subject to the following conditions: 12 -19 -77 - -- -8- I . Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Drainage, grading, curbing and utility plans are subject to approval by the City Engineer.prior to the issuance of permits 3. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements. 4. The special use permit is subject to all applicable codes, regulations and ordinances, including special licensing requirements, and violation thereof may be grounds for revocation. 5. All outside mechanical equipment and trash disposal facilities shall be appropriately screened. 6. The building shall be equipped with automatic fire extinguishing system as specified on the approved plans. 7. An underground sprinkling system shall be installed in all landscaped areas as specified in the zoning ordinance 8. The lans shall be revised to show B- 612- curbin p 1 9 completely around the concrete island on the south boundary. 9. The plans shall be revised to show a berming treatment on the greenstrip on the front of the property on Brooklyn Boulevard. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Recess The Brooklyn Center City Council recessed at 9:12 p.m. and resumed at 9:38 p.m. Planning Commission The City Manager introduced the next item of business on the Application No. 77069 agenda, that of Planning Commission Application No. 77069 (Brookdale Chrysler- submitted by Brookdale Chrysler- Plymouth. Plymouth) The Director of Planning and Inspection proceeded with a review of Application No. 77069 and the Planning Commission action at its December 15, 1 977 meeting. He stated the applicant is seeking a special use permit for the retail sale of motor vehicles at 6121 Brooklyn Boulevard. He explained that a special use permit for automobile dealerships are issued to the applicant as operator and are nontransferable, in order to assure that new ownerships are aware of conditions of approval and restrictions which the ordinance, or the species use permit, may require. He added that on February 7, 1977 the City Council had approved a special use permit for this property under Application No. 77004 and that within the last month the property had again changed hands. He stated that there had been some neighborhood complaints regarding the maintenance of a screen wall along the R -1 property bordering the site and that there was an agreement between the City and Chrysler Realty governing the screen wall in which - 9 - 12 -19 -77 Chrysler Realty agreed to maintain the 35 foot greenstrip area between the wall and the property line in a "park -like manner" He added that there had also been some neighborhood complaints regarding the volume of the public address system on this site and that the applicant had stated that it was his intention to ,upgrade the facilities substantially, to fulfill all maintenance obligations, and to cooperate with the neighbors to limit the volume and the hours of use of the public address system. He explained that the management would attempt to establish appropriate volumes and to institute controls so those levels would not be exceeded. He next reviewed a transparency showing the location and con - figuration of the property in question and a brief discussion ensued relative to the application. Mayor Cohen recognized Mr. Bartram, representing the applicant, who acknowledged that he was aware of some of the maintenance problems and other problems encountered by neighboring property owners with respect to the previous owners. He stated that he would prefer not being judged on the basis of past management but rather on their ability to deal with the problems. He explained that they want to be good neighbors, to cooperate with the community and to also maintain the premises in a manner that is beneficial to all. In response to an inquiry by Mayor Cohen, Mr. Bartram stated that he and his partner are not associated with the past management at Brookdale Chrysler - Plymouth. Councilman Lhotka inquired if Mr. Bartram had considered using a pager ,system rather than the public address system. Mr. Bartram responded that this could be investigated and that he was not aware of any problem with the public address system until these points were brought forward at the Planning Commission meeting. He explained that what they intend to do is to have a permanent volume setting which cannot `'be changed, and that hopefully this will not be a source of aggra- vation to neighboring property owners Mayor Cohen opened the meeting for purposes of a public Public Hearing hearing, and recognized Mr. Jim Bucsko, 3600 - 61st Avenue North, who stated that his property borders the back lot of the Brookdale Chrysler- Plymouth establishment. He stated that there is a lot of activity in that area and that the wall previously mentioned has not been well maintained in the past. He added that he hopes this problem will be addressed by the new management. Mayor Cohen then recognized Mr. Gerald Tacheny, 3606 - 61st Avenue North, who inquired of Mr. Bartram as to the hours of operation. Mr. Bartram responded that the establishment will be open for sales between 8:30 a.m . and 9 :00 p.m. and for service between 7 :00 a.m, and 12 :00 midnight. He explained that presently the body shop not be open in the evening but that he would like the option to permit the body shop to be _open if needed. He added that he and his partner will do every - thing reasonable so that the operation will not be a nuisance to neighboring property owners. Mr. Tacheny inquired as to who should be contacted if neighbors have a complaint to register about the operation. Mr. Bartram responded that he would appreciate it if neighbors contacted him and that he would be on the premises until 9:00 p.m.. Councilman Fignar commented that there had been a number of problems with respect to the previous operation at Brookdale Chrysler - Plymouth but added that it seems, based upon the applicant's comments, these matters can be worked out to the benefit of neighboring property owners. 12 -19 -77 -10- In response to an inquiry by Councilman Lhotka, the Director of Planning and Inspection stated that the previous owners of Brookdale Chrysler - Plymouth are now the current owners of Brookdale Ford. Action Approving Planning Following further discussion there was a motion by Council- Commission Application man Kuefler and seconded by Councilman Lhotka to approve No. 77069 (Brookdale _Planning Commission Application No. 77069 submitted by Chrysler- Plymouth) Brookdale Chrysler - Plymouth subject to the following con- ditions: 1 . Special use permit is issued to the applicant as • operator and is nontransferable. 2. The operational agreement between Chrysler Realty and the City (as comprehended under Application No. 68035) shall become a permanent attachment to the special use permit. 3. The applicant shall take appropriate measures to ensure that there will be no,body shop or other noise emanating from the building after 9:00 p.m. 4. The green areas on the site shall be cleaned up and appropriately maintained. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Open Forum Guidelines The City Manager introduced the next item of business, that of a resolution recommended for the purpose of establishing guidelines for the institution of an open forum at City Council meetings. He explained that this resolution was requested by the City Council at the December 12, 1977 meeting. Mayor Cohen inquired of Mayor -elect Nycruist if he had an opportunity to review these guidelines. Mayor -elect Nyquist responded that he had and that he cone .': - od with them. Mayor Cohen also inquired if any consideration had been giver to suspending the open forum during the political campaign season. Councilman Kuefler responded that the subcommittee had not considered suspending the open forum during the campaign season. Mayor Cohen suggested that if the use of the open forum becomes abused by persons seeking office, the Council could agree to suspend conducting the open forum until after local elections are held. Councilman Fignar commented that he supports the proposed resolution and noted that he felt the open forum guidelines were carefully worded. He added that his concern is that people utilizing the open forum are aware of these guidelines and suggested that a copy of this resolution, or a brief list of these guidelines, be made available to people utilizing the open forum. Following a brief discussion it was the consensus of the City Council that open forum guidelines be provided persons utilizing the open forum. Mayor Cohen.. suggested that perhaps the clerk should read the guidelines for the first few open forum sessions so that persons become aware of these guidelines. RESOLUTION Member Gene Lhotka introduced the following resolution and NO. 77 -255 moved its adoption: -11- 12 -19 -77 RESOLU`T'ION ESTABLISHING GUIDELINES AND PROCEDURES FOR CONDUCTING AN OPEN FORUM AT CITY COUNCIL MEETINGS 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: Philip Cohen, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Bill Fignar introduced the following resolution and RESOLUTION moved its adoption: NO. 77 -256 RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVEMENT NOTES 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: Philip Cohen, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager reported that the City has recently asked Insurance Proposals for and received insurance proposals for all City insurances with the exception of group life and group health insurance. He explained that the City received only one bid on insurance coverage and that the additional costs related to this insurance coverage is substantial. He explained that last year's total cost for insurance coverage was $42,414 and that under the current bid the cost to the City for the same insurance would be $122 The Director of Finance explained that the only bid for insurance -overage received was a proposal submitted by the Associated - general Agency for the Home Insurance Company. He stated :.hat the high costs for the insurance coverage is not a reflection of Brooklyn Center's experience but is indicative of the insurance quotations given other communities. He added that in his estima- tion the costs for the insurance coverage requested would not have been much different if more than one bidder had submitted an insurance proposal. The Director of Finance reported the City had sought three basic Lypes of insurance coverage, that being the package insurance coverage which includes such things as comprehensive general and auto liability, property, boiler and machinery, auto collision and comprehensive, criminal acts, money and securities, forgery and loss of income. He explained that the second type of insurance coverage requested was the umbrella coverage and the third was liquor liability. He explained that the costs for umbrella coverage have gone up substantially and noted that approximately three years ago the City was able to purchase $5 million worth of umbrella coverage for approximately $4,000 where now $1 million worth of umbrella coverage will cost approximately $22,700. The Director of Finance reported that the total cost of the three types of insurance coverage is $115,331 , which is $42,331 _ over what was budgeted ' for in 1978. He noted that if the umbrella coverage were excluded, the cost would be only $30,631 over that which was budgeted for in 1978. He suggested that the Council consider not carrying umbrella coverage_ primarily for the reason that this type of coverage is no longer the good buy that it once was. He noted that presently the statutory or legal maximum for which a City can be liable, except 12 -19 -77 -12- liquor liability, is $500, 000. He noted that with the umbrella coverage it would be possible for the City to be liable for a claim up to $5,500,000. Councilman Lhotka inquired as to the reason the City purchased umbrella coverage.. The Director of Finance responded that one of the reasons the City had opted for umbrella coverage was due to moral con - siderations at the time and also because of liquor liability. The City Manager commented that in addition to moral. consideration, umbrella coverage was cheap at the time and it was beneficial to have such coverage in case the legal limit might be challenged or waived by court action. The Director of Finance stated that umbrella coverage is designed to take over after other insurance coverage runs out and that it is somewhat analogous to major medical insurance. A lengthy discussion ensued relative to 1978 insurance coverages with Mr. Jerry Coughlin of Associated General Agency, commenting on the reasons for the drastic rise in insurance coverage costs. The Director of Finance noted that the insurance costs being discussed by the City Council do not include the costs for worker's compensation insurance that are yet to be sat by the State Legislature. He noted that 70% increase in the cost of worker's compensation insurance is being requested In response to an inquiry by Mayor Cohen relating to the worker's compensation rating bureau, Jerry Coughlin stated that this bureau is an arm of the .insurance company that makes recommendations regarding rates and benefits to the State Legislature. The City Manager commented that one of the reasons for higher costs with respect to worker's compensation is the increase in benefits and the change in a number of the rules dealing with job related disability which have become much more liberal. He explained that more and more it is becoming attractive to be on disability. He added that it is probably not one thing but an entire trend with regard to more liberal benefits and different rules relating to job disability that is causing worker's compensation rates to be expanded. Mayor Cohen suggested that the matter of worker's compensa- tion be something the City review and determine as to the effect worker's compensation and other insurance costs have on the City's overall budget. The Director of Finance pointed out that worker's compensation is not exempt from levy limitations but that liability coverages are exempt. Further discussion ensued relative to awarding insurance contracts for 1978 with the Director of Finance recommending that umbrella coverage not be extended beyond December 31, 1977. He added that it may be possible for a number of cities to act jointly to obtain umbrella coverage for a lesser amount. He noted that the City, without the umbrella coverage would be insured up to the statutory or legal liability limit as contained in State law. The Director of Finance stated that he would continue to pursue the matter of obtaining umbrella coverage and if it was feasible for the City to obtain this type coverage, he would make a recommendation to the City Council at an upcoming meeting. -13- 12 -19 -77 Member Bill Fignar introduced the following resolution and RESOLUTION moved its adoption: NO. 77 -257 RESOLUTION AWARDING INSURANCE CONTRACTS 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: Philip Cohen, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Following further discussion there was a motion by Councilman Action Directing Furtht Kuefler and seconded by Councilman Fignar to direct the City Research into Procurin Manager to further research the feasibility of procuring umbrella Umbrella Insurance insurance coverage, and if feasible bind the City to such coverage Coverage provided the City Council is kept advised of the situation. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and :Lhotka. Voting against: none. The motion passed unanimously. Member Tony Kuefler introduced the following resolution and RESOLUTION moved its adoption: NO. 77 -258 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: Philip Cohen, 'Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: _none, whereupon said resolution was declared duly passed and adopted. Member Gene Lhotka introduced the following resolution and RESOLUTION moved its adoption: NO. '77 -259 RESOLUTION AMENDING THE 1977 GENERAL FUND BUDGET 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: Philip Cohen, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Councilman Fignar left the table at 10:55 p.m. and returned at 10:56 p.m, Member Gene Lhotka introduced the following resolution and RESOLUTION moved its adoption: NO. 77 -260 RESOLUTION AMENDING THE 1978 GENERAL FUND BUDGET TO PROVIDE FOR AN ADDITIONAL ONE -HALF CETA EMPLOYEE POSITION IN THE DETACHED WORKER PROGRAM 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: Philip Cohen, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Gene Lhotka introduced the following resolution and RESOLUTION moved its adoption: NO. 77 -261 j RESOLUTION AMENDING THE 1978 GENERAL FUND BUDGET TO PROVIDE FOR CETA EMPLOYEES EXTENSION 12 -19 -77 -14- 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: Philip Cohen, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Tony Kuefler introduced the following resolution and NO. 77 -262 moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF THREE (3) POLICE PATROL SEDANS, 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: Philip Cohen, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none,, whereupon said resolution was declared duly passed and adopted. J ORDINANCE Member Bill Fignar introduced the following ordinance and NO. 77 -20 further moved its adoption, provided, however, that for the purposes of the minutes of the proceedings of the City Council the text of the ordinance shall be attached to the minutes and be a part thereof: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDI- NANCES RELATIVE TO REZONING EVALUATION POLICY AND GUIDELINES The motion fcr the adoption of the foregoing ordinance was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Review of Annual Water The Director of Public Works next reviewed the annual water Assessment Rate Adjustment assessment rate adjustment. He stated that since 1974 the annual water assessment rate for nonsingle family residential parcels has been adjusted by the change in the Consumer Price Index from October to October of the preceding year. He further commented that the annual precentage increase from October, 1976 to October, 1977 amounted to 7.8 %, changing the front footage rate from $13.42 to $14.47 and the area rate from $4.14 to $4.46 per 100 square feet and the single family rate from $1,315 to $f,418 per unit. Action Acknowledging Following a brief discussion there was a motion by Councilman Receipt of Report Kuefler and seconded by Councilman Lhotka to acknowledge receipt of the Director of Public Works' report relating to the annual water assessment rate adjustment. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotta. Voting against: none. The motion passed unanimously. Potential Pollution Mayor Cohen commented on recent news articles relating to a Problem creosote plant in St. Louis Park and the effect that plant has had on the water supply for that community. He inquired if the Pollution Control Agency has looked into potential pollutic. problems associated with the former creosote plant in Brooklyn Centel known as the Pole Yards. _15- 12 -19 -77 'Clio next item of business was the annual review of liquor and beer Liquor and Beer License licenses for renewal purposes. The City Manager referred to a Renewals memorandum relating to the review of liquor and beer licenses which included a report relating to police incidents at these establishments. He explained that for the most part the manage- ment at these establishments have been very cooperative with the police department and that also a vast majority of the incidents reported are not related to the beer or liquor operation. He concluded his remarks by stating that all liquor and beer license applications are recommended for renewal and that, unless the Council wishes to act separately on each of the licenses, they can be approved in conjunction with all of the other nonliguor and beer licenses. Motion by Councilman Kuefler and seconded by Councilman Licenses Fignar to approve the following licenses: BENCH LICENSE U. S. Bench Corp. 3300 Snelling Ave. BOWLING ALLEY LICENSE Beacon Bowl 6525 Lyndale Ave. N. Lynbrook Bowl, Inc. 6357 N. Lilac Drive CIGARETTE LICENSE A. & J., Inc. 7548 Stillwater Way N. Hiawatha Rubber 1700 67th Ave. N. Advance Carter Co. 850 Decatur Ave. N. Brooklyn Center Liquor Store #1 6800 Humboldt Ave. N. Brooklyn Center Liquor Store #2 6250 Brooklyn Blvd. Brooklyn Center Liquor Store #3 Northbrook Shopping Center Super Sam's 1267 Brookdale Center Woolworth's Brookdale Shopping Center ARA Services 2830 N . Fairview North Star Dodge 6740 Brooklyn Blvd. B - K Vending Co. 7263 Washington Ave. S. NSP 4501 68th Ave. N. Beacon Bowl 6525 Lyndale Ave. N. Bonine Vending 125 River Edge Way Brookdale Towers 2810 County Road 10 Brookdale Shell 1505 69th Ave. N. Brooklyn Center Country Boy 4401 69th Ave. N. Brooklyn Center Mobil 6849 Brooklyn Blvd. Brooklyn Center Shell 6245 Brooklyn Blvd. Brooklyn Plaza Cinema, Inc. 5801 John Martin Drive Brooks Superette 6800 Humboldt Ave. N. Brother's Brookdale Restaurant Brookdale Shopping Center Canteen Company -6300 Penn Ave. S. Gray Co. 6820 Shingle Creek Pkwy. McCulloch Industries, Inc. 1800 Freeway Blvd. M.T.C. 6 845 Shingle Creek' Pkwy. Chuck Wagon Inn 5720 Morgan Ave. N. Coca Cola Bottling Co. 1189 Eagan Ind. Road Arctic Metal 6530 James.Ave. N. Consumer Vending 8800 41st Ave. N. Brookdale Pontiac 6801 Brooklyn Blvd. Country Club Market 5715 Morgan Ave N. Dea'n's Vending P.O, Box 380 Brookdale Motel 6500 Lyndale Ave. N. Duane's OK Tire 6900 Brooklyn Blvd. Duoos Bros. American Legion 4307 70th Ave. N. H & L Enterprises 11517 Yukon St. N.W. Whirltronics 3401 48th Ave. N. Happy Dragon 5532 Brooklyn Blvd. Holiday Inn 1501 Freeway Blvd. K -Mart 5930 Earle Brown Drive 12 -19 -77 -16- Lynbrook Bowl, Inc. 6357 No Lilac Drive The Pipeseller 1301 Brookdale Center Ralph's Super Service 6601 Lyndale Ave. N. Red Owl Store 5425 Xerxes Ave. N. Rog & Jim's Superette 6912 Brooklyn Blvd Servomation 4301 68th Ave. N. Brooklyn Center Post Office 6848 Lee Ave - N. Dayton's Brookdale Shopping Center Donaldson's Brookdale Shopping Center Iten Chevrolet 6701 Brooklyn Blvd. J. C. Penney's Brookdale Shopping Center Servomation 4301 68th Ave. N. State Farm Insurance 5930 Shingle Creek Pkwy. 7- Eleven 411 66th Ave. N. Snyder Brothers Drug 1296 Brookdale Center Super America #58 1901 57th Ave. N. Theisen Vending 3804 Nicollet Ave. S. Mario's Speed Wagon 5742 Morgan Ave. N. Nino's Steak Round -Up 6040 Earle Brown Drive Olive's East Brookdale Shopping Center Bill West's 2000 57th Ave. N. Vicker's Minnesota Oil Co. 6830 Brooklyn Blvd. Wes' Standard 6044 Brooklyn Blvd. Woodside Enterprises 2500 Nathan Lane, #209 Poppin Fresh Pie Shop 5601 Xerxes Ave. N. Zayer Shopper's City 3600 63rd Ave N. COMMERCIAL KENNEL LICENSE Brookdale Pet Center Brookdale Shopping Center K -Mart 5930 Earle Brown Drive Marilyn Kraft 391 Old Highway - 8 Daisy Mae Dog Grooming Humboldt Shopping Center F. W. Woolworth Co. 1212 Brookdale Center. Zayre Shopper's City 3600 63rd Ave. N. GASOLINE SERVICE STATION LICENSE Allied Black Top Co. 3601 48th Ave. N. American Bakeries Co. 4215 69th Ave N. Brookdale Car Wash 5500 Brooklyn Blvd. Brookdale Shell Service 1505 69th Ave. N. Brooklyn Center City Garage 2501 69th Ave. N. Brooklyn Center Mobil 6849 Brooklyn Blvd. Brooklyn Center Post Office 6848 Lee Ave. N. Brooklyn Center Shell Service 6245 Brooklyn Blvd. Brooklyn Service Center 6901 Brooklyn Blvd. Christy's Auto Service 5300 Dupont Ave. N. Duane's OK Tire 6900 Brooklyn Blvd. Howe, Inc. 4821 Xerxes Ave. N. M.T.C. 6845 Shingle Creek Pkwy . N.S.P. Company 4501 68th Ave. N. Ralph's Super Service 6601 Lyndale Ave. N. Super America #58 1901 57th Ave. N. Vicker's Minnesota Oil Co. 6830 Brooklyn Blvd Wes' Standard Service 6044 Brooklyn Blvd. Bill West's Service Center 2000 57th Ave. N. Zayre Shopper's City 3600 63rd Ave. N. L ODGING E ST AB LISHMENT LICENSE Brookdale Motel 6500 Lyndale Ave. N tr Holiday Inn 1501 Freeway Blvd. Riverside Motel 5608 Lyndale Ave. N. MOTOR VEHICL DEALERSHIP LICENSE Brookdale Chrysler- Plymouth 6121 Brooklyn Blvd. NUR HOME LICENS Maranatha Conservation Home 5401 69th Ave. N. -17- 12 -19 -77 OFF -S NONI:NTOXICATING LIQUOR LICENSE Beacon Bowl 6525 Lyndale Ave. N Brooklyn Center Country Boy 4401 69th Ave. N. Brook's Superette 6800 Humboldt Ave. N. Chuck Wagon Inn 5720 Morgan Ave. N. Country Club Market 5 715 Morgan Ave. N. Jerry's Brookdale Super Valu 5801 Xerxes Ave. N. Lynbrook Bowl, Inc. 6357 N. Lilac Drive Red Owl Store 5425 Xerxes Ave. N. Rog _& Jim's Superette 6912 Brooklyn Blvd. 7- Eleven 411 66th Ave. N. Super America #58 1901 57th Ave N. Zayre Shopper's City 3600 63rd Ave. N. ON` -SALE CLUB LIQUOR LICENSE Duoos Brothers American Legion 4307 70th Ave. N. ON -SALE INTOXICATING LIQUOR LICENSE Cicero's 5717 Xerxes Ave. N. Ground Round Restaurant 2545 County Road 10 Holiday Inn 1501 Freeway Blvd. J.W.A. Corporation 818 W. 77 1/2 St. Nino's Steak Round -Up 6040 Earle Brown Drive ON -SALE SUNDAY INTOXICATING LIQUOR LICENSE Cicero's 5717 Xerxes Ave. N. Ground Round Restaurant 2545 County Road 10 Holiday Inn 1501 Freeway Blvd. T.W.A. Corporation 818 W. 77 1/2 St. Nino's Steak Round-Up 6040 Earle Brown Drive ON -SALE NONINTOXICATING LIQUOR LICENSE Beacon Bowl 6525 Lyndale Ave. N. Chuck Wagon Inn 5720 Morgan Ave. N. Donaldson's 1200 Brookdale Center Happy Dragon 5532 Brooklyn Blvd. Lynbrook Bowl 6357 N. Lilac Drive Pizza Factory 6816 Humboldt Ave. N. Taco Towne 6219 Brooklyn Blvd. POOL & BILLIARD TABLE LICENSE Holiday Inn 1501 Freeway Blvd. Lynbrook Bowl 6357 N. Lilac Drive PUBLIC DANCE LICENSE Holiday Inn 1501 Freeway Blvd. TAXICAB. LICENSE Town Taxi Corp. 7440 Oxford Street Voting in favor: Mayor Cohen, Councilmen`Kuefler, Fignar, and Lhotka Voting against: none. The motion passed unanimously. The City Manager reported that the staff is still_ in the process of Status of Airport of addressing the City Council concerns expressed at the December Zoning 12, 1977 City Council meeting with respect to the airport zoning problem. The Director of Planning and Inspection reported that • State Representative Schied, of Brooklyn Park, is preparing draft legislation to be introduced in the legislature during the upcoming session to address a number of the problems and concerns that ' have been expressed. He added that the Metropolitan Council expects the Development Guide chapter relating to airports to be adopted with some modifications also in line with the concerns that have been expressed. 12 -19 -77 -18- Mayor Cohen commented that the Metro HRA is looking at this matter in light of recent Metropolitan Council policies relating to the importance of future housing needs. The City Manager stated that the Council will be kept abreast of future developments with respect to the airport zoning question as information is made available. Industrial Revenue Bonds The City Manager reported that the City Council had requested information regarding the use of industrial revenue bonds. He explained that it has been the Council's policy in the past to not utilize this form of financing. He explained that industrial revenue bonds are issued by the local governing body, without public referendum, to finance a project to create jobs and to place lands on a higher tax base. He added that the full faith and credit of the community is not pledged by the issuance of these bonds and that the bond rating of the community is not affected in anyway by using this tool. He explained that the only obligation a community assumes by using this method of attracting industry is setting up a trusteeship to manage the funds collected monthly to repay the bonds. The Director of Finance commented on the promotional material that was distributed to the City Council relating to industrial revenue bonds. He explained that many would like to see the . City utilize these types of bonds and explained that they are tax exempt. He pointed out that they do compete with muni- cipal bonds on the bond market and for this reason there is some.opposition to municipalities utilizing them. He explainec . that the advantage of industrial revenue bonds to business is that it is cheap financing with the City lending its good name and tax exempt status to the bonds. He pointed out Ghat although the full faith and credit of the community is not pledged by the issuance of these bonds, and that the sale of these bonds does not count against the City's bond rating, the City would in all likelihood have a moral obligation if these bonds did not pay off as scheduled although they would have no legal obligation with respect to these bonds. The City Manager commented that industrial revenue bonds have been used by some communities as a step in. promoting business in its area and have also been used by other cities for redevelopment purposes. He explained that for the most part in Brooklyn Center the City has assisted businesses by its assessment policy, that being treating everyone fairly and giving no advantage to a particular business. He stated that it would seem unfair now to start utilizing industrial revenue bonds to attract businesses and give some an unfair advantage over others unless it were a case of needing to attract new business desperately. He added that he does not see where a community like Brooklyn Center would be benefited at this time by the utilization of industrial revenue sharing bonds. He explained that this City could be accused of not treating businesses similarly if it were to make this type of bonding available to new businesses without giving some assistance to businesses already located. in Brooklyn Center. Councilman Kuefler stated that he would like to see more study done by the staff in terms of industrial revenue bonds, tax increment financing, and the use of community development funds. He stated that these are areas that the City may well like to have more information in particular if the City at. some- time would need such financing for redevelopment purposes He added that he would like to see background information developed so that the City Council can review and develop f a philosophy about dealing with this type of financing. -19- 12 -19 -77 Mayor Cohen concurred with Councilman Kuefler and added that it is important for the City Council to be aware of the different methods for dealing with funding of redevelopment because it may be of some importance to Brooklyn Center in the future. Councilman Fignar inquired if other communities in the area have made use of industrial revenue bonds. Mayor Cohen responded that the City of Plymouth utilized industrial revenue bonds to spirit away some industry from the central city. The Director of Finance commented that Brooklyn Park, to some extent, has looked into the use of industrial revenue bonds. The City Manager commented that St. Louis Park has used - tax increment financing. A lengthy discussion ensued relative to industrial revenue bonds and their possible use in Brooklyn Center in the future. Councilman Kuefler commented that it is important for a City that utilizes this type of financing to be aware of the total picture and that what may be of benefit to one community may be of harm to another community. Mayor Cohen stated that the use of industrial revenue bonds should be looked at in a com- prehensive manner prior to proceeding to utilize them. L Following further discussion there was a motion by Councilman Action to Continue Fignar and seconded by Councilman Lhotka to continue the City's City's Policy present policy with respect to industrial revenue bonds, that being not to utilize this financial tool and to direct the City Manager to conduct analysis regarding the use of revenue bonds and tax increment financing should the City be in a position of needing such financing in the future. Voting in favor: Mayor Cohen, Councilmen Kuefler; Fignar, and Lhotka . Voting against: none. The motion passed unanimously, The City Manager reported that over the past six months an Police Pension Plan analysis of the Brooklyn Center police pension system has been conducted. He explained that the police department has indicated dissatisfaction with the present pension retirement benefits and that he has met with members of the police department in an effort to gain their comments on a current plan. He stated that all employees of the City, except volunteer firefighters, were placed under the State PERA pension system at the time of the establishment - - - )f Brooklyn Center as a village under State law. He added that in :1967, after Brooklyn Center became a charter city, a separate police pension system was established and that the same system exists today. He pointed out that all other City employees remained under State PERA and do so today. The City Manager reported that during an approximate two hour meeting with members_ of the police department, the merits and demerits of various pension benefits were discussed. He added that there was also considerable discussion regarding the question of whether the department would be better off under the City pension system or the State PERA fire and police pension. He further stated that two former members of the department with vested rights in the present pension system were also at that meeting and had stated particular concerns. He also reported that a number of the members department were interested in "buying back" benefits in the PERA system which were lost when the present Brooklyn Center police pension system was established. He commented that it seemed to be the consensus of the members of the police department that they were in favor of going to the State PERA fire and police pension system. 12 -19 -77 -20- The City Manager next reviewed the costs of the present police pension plan, PERA fire and police, and a City plan with PERA benefits. He explained that presently there are sufficient funds in our pension system, or would be at the approximate time of transfer to PERA, to finance buy in costs. The City Manager recommended that the City convert its police pension system to the State PERA system as soon as feasible for the following reasons: 1 . The present system's benefits are considered by the police department to be inadequate. A change to the PERA system would upgrade benefits to a level compara- ble to most police officers in the State of Minnesota. 2. Entrance into the State system would relieve the City of the liability of a small pension system. Acturial costs of a small system are based on the same statis- tical probabilities of disabilities, length of retirement, and survivor benefits as a large system. However, because of our small size the chance of these statis- tical probabilities actually being reflected in our experience is not good. We could incur more or less than the average number of disabilities, survivor or retirement claims. If we incur more of these costs than the average, we could be liable for financing a very expensive pension plan. The larger the pension group the safer you are based on projected pension costs. Because our pension system has an average enrollment of 30 to 35 people it is an exceedingly small pension group. 3. Enrollment in the State's system would provide for the City to more easily recruit new officers because the pension system would be common to most others police departments. 4. Joining PERA would relieve the City of a substantial projected administrative burden. Currently the admini- strative burden of the plan is not great, however, as the plan ages the burden will increase. Determining the extent of disabilities, processing pension and other benefit checks, question and complaints will increase our administrative costs considerably in the near future. With PERA this burden would be practically eliminated. A discussion ensued relative to the City Managers report with the City Manager explaining that if the Council favors such an approach to the police pension system, they should direct enabling legislation transferring the City's police pension system to State PERA be undertaken. He pointed out that he has been advised by area legislators that an early submittal of this bill for legislative action is essential and that it also would be important for the City Council to adopt. a resolution of support with respect to this pension plan, Action Directing the City Following further discussion there was a motion by Councilman Manager to Prepare Police Fignar and seconded by Councilman Kuefler to direct the City Pension Legislation Manager to prepare enabling legislation transferring the City. police pension system to the State PERA system Lo include the two deferred annuitants and to allow optional "buy back" of PERA benefits at the employee's expense; to update a "buy in" cost analysis of PERA's acturial consultant to determine final costs; and to prepare and to seek introduction of this bill immediately. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. -21- 12 -19 - 77 The City Manager reported that the bylaws for the Suburban Health Suburban Health Nursing Service have been adopted and that the Council had indi -. Nursing Service cated that following the adoption of the bylaws they would be naming a permanent director and an alternate director to serve as representatives of the City to this body. Mayor Cohen responded that such a designation would be made after the first of the year.. Motion by Councilman Kuefler and seconded by Councilman Action Authorizing Lhotka to authorize consulting engineering services with Consulting Engineering Braun Engineering Testing Company in an amount not to Services exceed $2 , 500 for the pedestrian bridge proj ect over T -. H. 100- at 59th Avenue North Voting oti in favor; Mayor Cohen Council - g Y men Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Motion by Councilman Lhotka and seconded by Councilman Authorize Issuance of Fignar to authorize the issuance of a motor vehicle dealer's License license to K -Mart, 5930 Earle Brown Drive, through_March,l, 1978. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Motion by Councilman Lhotka and seconded by Councilman Adjournment Fignar to adjourn the meeting. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:55 p.m. erk Mayor 12 -19 -77 -22-