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HomeMy WebLinkAbout1978 01-23 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CTTY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE ° OF MINNESOTA REGULAR SESSION JANUARY 23, 1978 CITY HALL Call to Order The Brooklyn Center City Council met in regular session anr'!' was called to order by Mayor Dean Nyquist at 7 :05 p.m. Roll Call Mayor Dean Nyquist, Councilmembers Tony Kuefler, Bill Fignar, and Celia Scotto Also present were City Manager Gerald Splinter, Director of Public Works James Merila, City Attorney Richard Schieffer, Director of Finance Paul Holmlund, Director of Parks and Recreation Gene Hagel,_ Director of Planning and Inspection Blair Tremere, and Administrative Assistant Ronald Warren. Invocation Rich Higgins offered an invocation. Approval of Minutes Motion by Councilmember Scott and seconded by Council- 1 -9 -78 member Fignar to approve the minutes of the January 9, 1978 City Council meeting as 'submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scott. Voting against:: none. The motion passed unanimously. Presentation of Gavel Mayor Nyquist reported that Mr. Dallas Lawrence had pre- sented a gavel to be used by the Mayor at City Council meetings. Mayor Nyquist expressed his appreciation to Mr. Lawrence for the gift. Open Forum Mayor Nyquist introduced the first item of business on the age nda, that of the Open Forum. He stated that this evenir: marks the introduction of The Open Forum; to City Council, meetinas and that it w be Deld at every regula3 ly S(. he -i.: Ci:y Council meeting, He explained that the Open Forum was instituted to give any citizen the opportunity to addres the City Council as a whole and on any opini.on, problem, co :cem, or complaint they might have which is relevant to the affairs of this local *--ova n gent and its practices and policies. He noted that there are Open Forum registration cards available outside the door of the City Council Chambers and requested anyone wishing to address the City Council during the O prn Forum to fill cut one of ti- cards and submit it. He further stated that perso..l.: calling. the City Hall in advance of this evening's meeting request. ` to be on the Open Foram will be recognized prior to those filling out cards at this evening's meeting. Mayor Nyquist stated that Mr. Don I,andree, who was not present, was scheduled to address't1he City Council first. He stated th< - it the subject Mr. Landree wished to bring before the City Council was the need for a stoplight at 65th and Brooklyn Boulevard, The Director of Public Works sta - te,-:7 1 , tha L he has rec 'x spoke with Mr. Landree regarding traffic lights at Brooklyn Boul c and which is a State t 7,i-ik ? k hwav , and h-- explained to hire that the responsibility for urecti lg* L1d iC lights rests with the Minnesota Department of Transportation (MN /DOT) . He stated that he has talked with MN /DOT regarding this matter and they have indicated that traffic lights are warranted at this location, but that the erection of a stoplight at this location was a matter. of funding. He -1- 1 -23 -78 iriformed thy; City Council that a traffic light for 65th and Brooklyn Boulevard ranks No. 7 on MN/ ?CT's priority list and that when funding becomes available the stoplight will, in all likelihood, be constructed. rn response to an inquiry by Councilmember Fignar, the Director of Public Works stated that Mr. Landree, after receiving the explanation, was still concerned about the matter and did not feel it was moving fast enough. Council..tembor Lhotka arri - at 7.08 p.m. ?Mayor Nyquist recognized Ph llis Haenze, 6800 Orchard Avenue North. She expressed her appreciation for being given the opportunity to address the City Council and :stated that her concern is with Venture Studios'. She inquired of the City Council as to what is being done and what can be done about this business that claims to be a photographic studio but advertises itself in the papers as a massage parlor. Mayor Nyquist responded that the City Council is quite concerned about this matter, as is the City administration, and that various_ measures are being take to ado-3ress this problem. The City Manager explained that rmassac,e parlors are not permitted uses in any of the City's zoning districts, and that the owner of Venture Studios occupied the building under the pretense that it was a photographic studio which is a permitted use in the zone the building is located. He reported that there have been a number of violation tags issued and arrests made, and that the City is now in the process of obtaining a restraining order to stop this operation. He further stated because proporty rights are as they are, the City has to build a case and follow legal process before the operation can be stopped. Mrs. Haenze stated it seems that the proprietor of Venture Studios had improperly represented his business and obtained a permit, and inquired if there wasn't something that could be done about this. The City Manager responded that this is exactly what the City is doing at the present time by seeking the cease and desist order but that it must be obtained through legal processes, Mrs. Haenze stated that she would support any action taken by the City Council that would ban this activity in Brooklyn Center. Mayor Nyquist recognized Dolores Hastings, 5813 Aldrich Avenue North, who also expressed her appreciation for the opportunity to address the City Council. She suggested that cement delineators be installed in the Civic Center parking lots to better indicate the parking areas. She also expressed her concerns about illegal parking in designated handicapped parking areas throughout Brooklyn Center and suggested that a better effort be made to issue warning tags or violation tags to violators She also commented on her perceived need for left turn signals at 63rd and Brooklyn Boulevard . and at County Road 10 and Brooklyn Boulevard. She added that she also felt there was a need for a pedestrian bridge at County Road 10 and Brooklyn Boulevard. Mayor Nyquist next recognized Darrell Catton, 5901 Ewing Avenue North, who inquired as to why the City would permit an office building to be built without sufficient parking for persons using that building. He objected to a parking agreement between the Cross of Glory Church and an adjacent office building that permits overflow parking for the office building to use the Cross of Glory parking lot. He pointed out that presently a great 1-23 -78 -2'- portion of the office building is used for medical purposes and that there are plans to use more of the office building - for medical purposes. Because of this the Gross of Glory Church has recently approved an agreement that would allow the office building to use more of the church's parkins. lot. He stated that he is opposed to tax free properties being used for the benefit of a profit making private medical business. The Director of Planning and Inspection stated that the office building in question was built in 1970 and that the office building met ordinance requirements relating to pro - viding parking for that building. He further stated that in 1974 the owner of the office building proposed that a portion of that building be used for medical purposes which require.s more parking than that provided for on the site'. He explainr that the City Ordinances provide for joint parking agreement; to provide excess parking for sites lacking adequate parking facilities and that the owner of the building and the Cross of Glory Church had entered into such an agreement at that time which was approved by the City. He further stated that it is his understanding that the owner of the office building intends to provide more office space for medical uses and that additional excess parking spaces would be needed. He noted that this matter has not yet been reviewer: by the City's Planning Commission. Mayor Nyquist then recognized Julie Barry, 7119 Dallas Road Who stated that last fall a petition was presented to the City Council urging better traffic safety on Trunk Highway 169 She noted that very little has been done with the exception of a pedestrian corssing to improve that situation, She urged the City Council to take action on this matter and requested that an ex'planation be given` as to why very little has been done thus far, She also 1 suggr,,sted that the speed limit on West River Road, north of the Freeway, be reduced. The City Manager responded that the City Council had °pass, a resolution urging the Minnesota Department of Transporta- tion' (MN /DOT) to erect traffic signals on West River Road at 66th Avenue North, 69th Avenue North, and 73rd Avenue North. The Director of Fublic Works es >pIained that V. Test River Roa.` is a State trunk highway; and that he has been in contact with i,iN /DOT regarding the traffic situation.. tie s' a.ted that he has been informed that the State will begin . to erect a traffic signal this summer at 66th Avenue North and West River Road, and that the project should be completed by the enrl of 197€3. lie also stated that the State has indicated thatt warni.;g fla, shers will be constructed at 69th Avenue _ North and 73rd Avenue North for pedestrian crossing, pur- poses. He noted that this action is not a perfect solution to the traffic problem on West River Road but that MN /DOT feels this is the best that can be done until T.H. 169 is upgraded in the relatively near future. Mrs. Barry inquired if the City can control the speed limit on Vest River Road. The Director of Public 'Works respor`ide that West River Road is a State highway and, therefore, the MN /DOT Commissioner has jurisdiction over setting speed limits on this roadway. He pointed out that the State has done some speed checks on West River Road which indicates that the majority of traffic using the roadway is traveling within an acceptable speed range for the roadway -3- 1 -23 -78 and added that speed limits are set on the basis of what the majority of traffic using the roadway will travel at. He noted that the City has discussed the matter of lowering the speed limit on West River Road to 35 mph but that MN /DOT does not feel this should be done. He stated that the City would continue to pursue the matter of traffic safety along T.H. 169 with the State. Motion by Councilmember Kuefler and seconded by Council - Action Authorizing the member Lhotka to authorize the Mayer and City Manager to Execution of an Agreement c.r.ec,u an agreement with rinep -` C.c%unt - y Luz the rwii z i o -i 1 of environmental health services with Community :ilealtl Services subsidy funds to be used to defer the costs of th . City's joint sanitation program. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, The motion passed unani- mously. Motion by Councilmember Fignar and seconded by Council- Action Authorizing the member Kuefler to authorize the Mayor and City Manager to Execution of an Agree, execute a 'standard utility inspection and maintenance agree - ment with Dayton Development Company to conduct periodic inspections of fire hydrants and valves on the Brookdale property and to do necessary repairs. Voting in favor: Mayor INyquist, Councilmembers . < uefler, Fignar, Lhotka, and Scott. Voting against:. none. The , motion passed unanimously. Member Bill Fignar introduced the following resolution and RESOLUTION moved its adoption: NO. 78-20 RESOLU ION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. PHILIP COHEN Tl:e 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. Member Gene Lhotka introduced the following resolution and RESOLUTION moved its adoption: NO. 78 -21 RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR, MAURICE BRITTS 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 ``Iyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted _against the same: none, whereupon said resolution was declared duly passed and adopted. Member Tony Kuefler introduced the following resolution and RESOLUTION moved its adoption: NO. 78 -22 RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MRS. CELIA SCOTT The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being 1-23-78 -4 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. ARESOLUTION Member Bill Fignar introduced the following resolution and NO 78 -23 moved its adoption; RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIA -- TION FOR THE DEDICATED PUBLIC SERVICE OF MR, PATR.L HORAN 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 Member Celia Scott introduced the following resolution and NO, 78 -24 moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIA- TION FOR THE DEDICATED PUBLIC SERVICE OF MRS. MARE NYQUIST 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 ar adopted. Ffve Year Park Capital The City Manager introduced the next item of business on Improvement Program the agenda, that of a resolution recommended for the pur- pose of meeting various rules and regulations to be eligible for the rr =c `.pt of LAWCON grants. He explainer+ that the grants being sought are for Central Park and the Shingle Creek' Trailway System and review and approval of a five year capital improvement program is required. He noted that the City in September, 1977 had made application to the State and Federal government for two LAWCOI'ti grants He further explained that the grants will provide 75'0 funding for eligible projects and that the Cite in Decej 19'77 was informed that both LAWCON grant applications have been given a high priority ranking making them eligible for funding dependent upon State and Federal approval of the City's final grant application. He reported that part of the LAWCON -grant application process is a provision fo; overall donning that must be made as part of a five year park and open space capital improvement program. He briefly reviewed the program and added that it is important to understand that the five year program serves only as a guide for.planning purposes and does not man 'ate th City's strict adhere to it. He pointed out , h, r five year progra :l is always subject to change by th,-,� Cc)ur>c; and in all likelihocd would be reviewed by the Council on an annual basis. The City Manager also reported that two other resolutions are before the City Council which would authorize the City to submit grant applications for both Central Park and the Shingle "Creek Trailway System. -5- 1 -23 -78 A brief discussion ensued relative to the five year capital improvement program and the submission of LAWCON grant applications for Central Park and the Shingle Creek Trailway Systems In response to an inquiry by Councilmember Kuefler, the Director of Parks and Recreation stated that the major component of the five year capital improvement program has to do with facilities for the various parks. He noted that the Park and Recreation Commission has recommended an established list of priorities for addressing these needs and that the program reflects these priorities. Councilmember Kuefler commented that ba.,ically ;what the City is doing in submitting these grant applic,:.-:.ions is to take parts of the total Comprehensive Plan and to appl=y for various grant funds that can be utilized for these purposes. He added that the Park and Recreation Com- mission intends to hold public hearings on the development of Central Park and the Shingle Creek Trailway System at its next regularly scheduled Commission meeting.. Member Tory Kuefler introduced the following resolution and RESOLUTION moved its adoption: NO. 78 -25 RESOLUTITON .APPROVING A FIVE (5) YEAR PARK AND RECREATION CAPITAL IMPROVEMENT PROGRAM AND AUTHORIZING THE FILING OF SA I) PROGRAM WITH THE STATE OF MINNESOTA OFFICE OF LOCAL AND URBAN AFFAIRS OF THE STATE PLANT ING AGENCY The motion ion r t o the adoption of the foregoing resolution was p g g duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted Member Celia Scott introduced the following resolution and RESOLUTION moved its adoption: NO 78 -26 RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CEN'T'ER TO FILE AN APPLICATION FOR A GRANT TO ACQUIRE AND DEVELOP OPEN SPACE LAND UNDER THE PROVISIONS OF THE FEDERAL' LAND AND WATER CONSERVATION FUND ACT AND THE STATE NATURAL RESOURCE FUND The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor . thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, Member Tony Kuefler introduced the following resolution and RESOLUTION moved its adoption: NO. 78 -27 RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO FILE AN APPLICATION FOR A GRANT TO ACQUIRE AND DEVELOP OPEN SPACE LAND UNDER THE PROVISIONS OF THE FEDERAL LAND AND WATER CONSERVATION FUND ACT AND THE STATE NATURAL RESOURCE FUND The motion for the adoption of the foregoing resolution was duly seconded by member 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, 1 -23 -75 -6- Action Acknowledging Motion by Councilmember Lhotka and seconded by Council -- Withdrawl of Planning member Fignar to acknowledge Brooklyn Center Industrial Commission Application Park, Inca's request to withdraw Planning Commission No. 76024'(BCIP) Application No. 76024 which comprehended a special use permit and site and buildin <-T plan approval for the Earle Brown Farmtown Shopping Center concept. Voting in favor: Mayor Nyquist, Councilm embers Kuefler, Fignar, Lhotka, and Scott. Voting against; none. The motion passed unanimously. Police Pension The City Manager reported that draft legislation has been prepared for the City Council's review relating to a police pension bill which calls for a transfer of all "sworn police officers from the City of Brooklyn Center Pension System to the State of Minnesota Public Employees Retirement Police and Fire Pension Systems. He explained that this was done in light of the City Council's approval of this concept at its December 19, 1977 meeting. He stated the bill would grant service credit in the PERA Police and Fire Fund and would allow members to "buy back" to their service date as established in the current Police Pension Fund, He added that active members, who in 1967 (the date the current Police Pension Fund was established) had chosen not to "buy back" in the Brooklyn Center Police Pension Fund will now be allowed to "buy back" at their own expense into the proposed PERA Police and Fire Pension Plan. He further stated that the bill also comprehends including two deferred annuitants who have served in the past on the Brooklyn Center Police Department and are considered as such in the current Police Pension Plan. He further reported that the bill also requires the City be given credit PERA for all funds previously paid by the City on behalf of police officer into PERA Police and Fire prior to 1967, and that this credit be applied against the initial deposit required of the City of Brooklyn Center to bring the Brooklyn Center police officers into the PERA Police and Fire Fund. The City Manager recommended that the City Council, though a motion, approve the Police Pension Rill; and auth._; ri.ze him to seek authorship and urge p ssaue of the lbill during the current legislative session He pointed out that the Council should also reserve the right to amend or with- draw support of the Police Pension Bill should any unantic- ipated difficulties be encountered with the State PERA in establishing "buy in" costs or some other unforeseen circumstance. A brief discussion ensued relative to the Police Pension Bill and the City Manager's recommcndation . Councilmernber Fignar inquired if the bill contains any language which v,;o:rld permit the City to back off from its recommendation to modify the Police Pension should any azrien -, -menus or difficulties be encountered. The City Manager respon,�ed that generally if there are any problems with a pension bill as it is being reviewed by the State Legislature, the Legis- lature will not act on the bill. The Director of Finance also pointed out that the City Council the Police Pension Plan after the State e-Le ,.3 has enacted }t. In response i:o an inquiry by Cuui Umn - _ Kuefler regarding the estimated cost of the PERA Police and Fire Pension Plan over the present Pension Plan the Director of Finance stated that it would be an increase of approximately $20,000 from the present cost of approxi- mately $49,000 to $0 a year. In terms of police officer contribution, the Director of Finance stated that officers presently pay 6% of a top patrol officer's salary -7- 1 - - while P£RA Police and Fire would require an officer to pay approximately 8% of their salary. Following further discussion there was a motion by Council- Action Authorizing member Lhotka and seconded by Councilmember Scott to Submission of Police approve the Police Pension Bill and authorize the City Pension Bill Manager to submit this bill the State Legislature and to seek authorship for the bill and urge its passage during the current legislative session subject to the City Council reserving right to amend or withdraw support of the bill s =loud u.n'.- ticii .)ated difficulties be eiilcountered. Voting in favor: Mayor i' Councilmembers Kuefler, Fig.aar, Lhotka, and Scott. Voting against: none. The motion passed ;unanimously, The City Manager reported that the City Council has also Fire Pension been presented with draft legislation recommended for making modifications to the Firemen's Relief Association Pension Plan. lie stated that the bill basically clears up some language and increases the range of retirement benefits allowed from the current $80 to $120 per month to a new range of $120 to $250 per month, anal it also increases ether benefits proportionately. He painted out it should be understood this bill, should it be enacted by the State Legislature, would not automatically increase the benefits provided but would give the City Council the opportunity to raise these benefits by any amount up to $250 a month should they desire to do so, and that this .would take a separate action by the City Council to amend the Fire Relief Associ- ation Bylaws. He stated, therefore, the recommended bill would merely allow the City Council to change the benefit ranee if it desired too The Director of Finance explained that the Firemen's Relief Association Pension Acct of 1957 established a minimum monthly benefit for persons with 20 years service at $80 per month and a maximum benefit of $120 per month. He noted that the City Council has raised these pension benefits up to the present maximum of $120 a month. He briefly reviewed the benefits of the Firemen's Relief Associ- ation Pension Act and commented on a survey of benefits being provided for firefighters in other communities. Following a brief discussion there was a motion by Council- Action Authorizing member Lhotka and seconded by Councilmember Scott to Submission of Fire approve the Fire Pension Bill and authorize the City Manager Pension Bill to seek authorship for this bill and to urge passage of the bill during the current legislative session subject to the City Council reserving the right to amend or withdraw support of this bill should unanticipated difficulties be encountered. Noting in favor: Mayor Nyquist, Councilmembers Kuefler, 3 Lhotka, and Scotto Voting against: none The motion passed unanimously, The City Manager introduced the next item of business on Home Improvement I agenda by commenting that the Housing Commission Grant Criteria at its January 17, 1978 meeting had reviewed and unanimously recommended criteria for evaluating and ranking eligible home improvement grant applications. He stated that these criteria are offered this evening for the City Council's consideration and noted that prior to implementing the criteria, they must be approved by the Minnesota Housing Finance Agency, 1 -23 -78 -8- The Director of Planning and Inspection briefly reviewed thtr Home Improvement Grant Program and commented on the firs:: year of the program. He stated that the purpose of th ,- pra- gram is to make money available to eligible lower income' homeowners for improvements to their dwellings which woul -i directly affect the energy efficiency, safety, or hal itab liv of the dwelling or which would increase the property's compliance with applicable housing codes. He further stated that last year the City had been allocated $15,236 fr._ home improvement grants and that this allocation was expended on eight eligible grant applications. He noted that in addition - to these grant funds the City was able to procure additional funding and an additional gran in an amount of approximately $3,000 was also awarded. The Director of Planning and Inspection stated the City of Brooklyn Center has been allocated approximately $18,300 in grant funds for use in the home improvement grant program this year. He noted that there have been some changes in direction of the program this year over that of last year. He reported that the State criteria has dropped the elderly as a priority and that the repayment agreement period has been extended from a five year to a seven year period. He further reported that the Legislature has provided funding for a two year program and that communities that do a credal: job this year will be renewed at approximately the same funding level for next year, therefore, if the City allocates Its portion of home improvement grant funds it can expect similar funding for next year. He also reported that another difference in the program is that ranting criteria must be approved by the Minnesota Housing .Finance Agency before being used by a community's grant screening committee. He reported that the State has also established a special priority for improving` accessibility of property for handi- capped residents and has established a sp`ciE�l fund for these types ' es of improvements. He noted that this special priority for handicapped persons will not affect the grant amount allocated to 8roolelyn Center but rather these people will be directed to the Sta'Le to seek funding ror accessible improvements to their homes. The Director of Planning and Inspection explained that the criteria recommended by the Housing Commission would be used primarily if the request for grant funds exceeds the City's allocation He reporters that the g anc Cilt - eria ;c r the most part are the same as that utilized in 1,977 with a few e >cepLicnso Ile staled that in 1977 enor ' improvements were awarded three priority ,points while in 1978 it is recommended that energy related im prove rnen�s be allowed up to five points depending on the type of Improvement requested. He stated that another criteria added this year has to do with improving t l abit, bil ity of a home and it is recommended t hat up to five points ; be awarded for this type of improvement. With regard to imminent health and safety improvements, the Director of Planning and Inspection stated that it is recommended that five noints be awarded fey: this type of improvement. He stated t1iat -it is also recurnmended tx; it prior - i-ty r.oirits be a to persons on the hasis of th eir ace a l,`i fi ei'' stated that one point would be awarded for thu'.ie persons who are 62 years of age or older. He noted that the City can use such a priority criteria even though the State is not emphasizing improvements for the elderly. He further reported that another added category deals with the age of a home and stated that it is.recommended that priority points be awarded on the basis of the age of a particular -9- 1-- 23 - -78 dwelling with four points being awarded to a home that is 40 years old or more, three points for a home 30 to 39 years old, two points for a home 20 to 29 years old and one point for a home 10 to 19 years old, The Director of Planning and Inspection further stated that the neighborhood impact criteria has changed little over that utilized in `1977 but that the category of a "improving neighborhoodl" has been added and it is recommended that three vi;riorit, > Points '_,e awarded to a horse falling into this eatectory . He s` L rid s`- that the last reeominended category of home improvement grant criteria would award one point for a handicapped person making normal improvements to their home. He stated that it is felt that the State is placing an emphasis on providing grants for handicapped persons and, thus,, the recommendation that handicapped individuals applying and eligible for hone improvement grants be awarded this priority point. A'brief discussion ensued relative to the home improvement grant program and the recommended grant criteria Council - ?qernber Lhotka referred to the neighborhood impact criteria and stated that at first' he felt the preference points should be awarded in the opposite manner recommended. The Director of Planning and Inspection stated that the Housing Commission had discussed this point at some length during their recent meeting. He explained that more priority point are awarded to applicants making home improvements to a home in a stable, nonblighted neighborhood than there are points awarded to persons making improvements to homes in a declined neighborhood. He further explained that the recommendation is such primarily, because the City is working with a limited amount of funds rather than utilizing a great amount of funds such as potential HRA funds for rehabilitating the community. He noted that if more extensive funds were available the neighborhood impact criteria would probably be revers-ad -and that emphasis would be placed upon a declined neighborhood rather than a stable nonblighted neighborhood. He added` that it is felt that this program would have little or possibly no effect on a truly declined neighborhood which would be in need of extensive or P ossibl Y total rehabilitation In response to an inquiry by Councilmember Kuefler the Director of Planning and Inspection stated that Brooklyn Center's allocation, of approximately $18,300 is for Brooklyn Center residents only. He noted that there is a companion program called the Home Improvement Loan Program which makes money available through participating banks, but the funds are not limited to a particular community but rather to anyone that meets the eligibility criteria. Following further discussion there was a motion by Council- Action Establishing the member Scott and seconded by Councilmember Kuefler to Home Improvement Grant establish the priority ranking system for the Home Improve- Program Ranking Criteria meat Grant Program as recommended by the Housing Commission and to proceed with the program. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scotts Voting against: none. The motion passed unanimously. The City Manager introduced the next item of business on Twin Lake Boating the agenda, that of a report relating to a compromise proposal Regulations for regulation of boating on Twin Lake. He explained that the compromise was developed by the Tri -City Committee which had studied the problem and has membership from Crystal, Robbinsdale and Brooklyn Center. He stated that _. 1- 23-78 -10 the proposed compromise contains the following points: 1 No power boats allowed on Twin Lake on Saturday, Sundays, and holidays until 6:00 p.m. 2. That a speed limit of 30 mph be adopted for Twin Lake. 3. No more than six motor boats be permitted on "each of the three lake basins at anyone time at those times when motor boats are permitted. 4. That the above is contingent upon the County func and providing a minimum of 20 hours per week patrolling the lake through the months of June, July, and August. The City Manager reported that upon review of this proposed: compromise it is felt that this solution is not feasible or enforceable. He added that there is no equipment which can be used to satisfy court requirements to judge, the spee- of a power boat on water which makes the enforcement of the 30 mph speed limit impossible. He pointed out that it would also be difficult to regulate the proposed limitation that there be no more than six motor boats on each of the three lake basins on one time. He concluded by stating that he can appreciate the desire to compromise and to accommodate the interests of as many- people as possible but the proposed compromise will result in unenforceable regulations which will frustrate citizens on both sides of the issue and, therefore, it is felt that the original resolu- tion banning all motor activity from the lake is a better solution to the problem than the compromise, Councilmember Lhotka commented that another meeting of t - Tri -City Committee will be 'held _ cuss the =It_omisr proposal. He stated that he feels the compromise is unen- forceable and is not a workable solution to the problem an t added that unless something different comes out of the meeting of the committee, he would favor the original posix taken by the three cities with respect to the problem. Councilmember Fignar agreed with Councilmember Lhotka anc inquired if there was some way to permit motor boats under perhaps 10 horsepower to utilize the lake, Councilmember Lhotka responded that the committee has looked at this possibility and had been informed that a Wisconsin Supreme Court case had struck down such a regulation. ne added that the Department of Natural Resources, which must final: -, , agree to the regulation of Twin Lake, has said that they do not feel this is a feasible way of addressing the problem and would in all likelihood not consider such a regulation for the lake. Mayor Nyquist suggested that perhaps only point No. 1 in the compromise proposal which bans power boats from Twin Lake on Saturdays, Sundays, and holidays ritil 6:0 ± . lrkk. would be needed to effectively address the pro Clem Further discussion ensued ic. "ative to the report with CouncL member Lhotka stating that no action by the Council is requested at this time and that he would keep the Council informed of the results of the Tri -City Committee meeting. " He added that hopefully there will be unanimous agreement between the three cities involved with respect to any possible compromise that may result. Recess The Brooklyn Center City Council recessed at 5:40 p.m. and resumed at 0:55 p.m. --l.l - 1- 23 --75 The City Manager introduced the next item of business, Temporary Occupancy that of a request by Community Emergency Assistance for CEAP Program, Inc. (CEAP) to temporarily relocate its admini- strative and service facilities in two vacant residential structures at 5607 and 5625 Brooklyn Boulevard because of the fire that had destroyed the former CEAP location at 7100 Brooklyn Boulevard. He explained that the two properties were rezoned from R -1 to C -1 approximately one year ago when the County library property was zoned C -1 in anticipation of the County ru- owner- ship over to private inlerests after a site was chosen' for a new County library.. He pointed out that the County prese=ntly owns the structures and they constitute a nonconforming use of C -1 land. He reported that Dale Ackmann, Hennepin County Administrator, is present this evening to discuss a problem that has recently surfaced relating to the leasing of these two properties for use by CEAP. Mayor Nyguist recognized Dale Ackmann, who stated that the Count% has recently discovered that it cannot lease the two properties to CEAP without first conducting a hearing and utilizing a bidding process for the lease. He further stated that such a procedure would take from three to four weeks to 'accomplish. He pointed out that to expedite this process the County can immediately lease the property to the City who could in turn sublet the property to CEAP for its use. He recommended that the City consider this option if it is inclined to permit temporary occupancy of the buildings by CEAP, The City Manager further reviewed the request for temporary occupancy and explained that City policy has generally discouraged the use of nonconforming houses for nonresidential purposes because the planning' intent is to eventually realize formal conforming commercial redevelopment of the land. He added that the zoning ordinance and other codes require the structures and sites to meet applicable commercial standards which is often virtually impossible physically and unfeasible economically. He pointed out that such conversions are permitted if the owner can satisfy the zoning site requirements and the structural building code requirements He noted that the proposal represents a use, permitted in the C -1 zoning district, which might permit temporary occupancy of the buildings by CEAP. He -explained that the temporary occupancy would be feasible with City Council approval subject to a number of conditions which must be met by CEAP in order to allow the occupancy. He reported that the recommended conditions which must be met include: Adequate off - street parking be provided; that all storage and trash disposal be within the buildings or within approved screening devices; any signery conform to the sign ordinance; that the temporary nature of the occupancy be clearly set forth in the approval; that appli- cable building codes and life safety code requirements are met; that the owner provides written approval of the temporary occupancy and required improvements; and all , exterior yards,_ walkways and parking areas will be ade- quately lighted for personal safety and for security purposes. The City Manager reported that in addition to these considera- tions it is necessary that some corrective work be dome to both buildings prior to permitting the temporary occupancy. He stated that with respect to the building at 5625 Brooklyn Boulevard the corrective work necessary includes: The repair of plumbing fixtures in the kitchen and bathroom; the repair of a bathroom light fixture; and repair of all broken windows. With respect to the building at 5607 1 -23 -78 12- Brooklyn Boulevard the corrective work n6tessary includes: Providing proper valving on hot water heater (relief and shutoff valve) and the repair of broken windows. In addi- tion to these repairs the following conditions would apply to both buildings for temporary occupancy: 1 . A floor plan for each building showing proposed occupancies should be ,submitted for review and approval. 2. Basement areas may not be used for any occupanc. except storage as approved by the Building and Fire Inspectors. 3. Smoke detectors must be installed on all levels in a manner approved by the City. The City Manager explained that CEAP has submitted a floor plan for each of the buildings, has agreed to not use the basement areas for any occupancy except storage,, and has agreed to install smoke detectors. The Director of Planning and Inspection reviewed various slides depicting the two sites proposed for temporary occu- pancy and pointed out a number of concerns. He explainer) that the use of the buildings as proposed should be restricted because houses are not designed or intended for public or commercial like activity. He stated that it is recommended that the sites not be used for public assembly or group meetings due to the lack of proper exits, room sizes, structural design and the lack of proper sanitary facilities but rather these activities be conducted in area churches, libraries, or other public buildings which can accommodate this activity. He also noted that parking for clientele usin-� these facilities may be somewhat of a.probiem and suggest.- that consideration be givE to using t'l City parking l6t across Northport Drive at Northport Park. A..discussion ensued relative to the CEAP request and the information and recommendations provided. In response to an inquiry by Councilmember Fignar, the Director of Plano +':. and Inspection s tated that it is recommended that CEAP limit its group activities and schedule them in such a :may so that there is not a lot of activity at the proposed temporar: locations. Mayor Nyquist recognized Mr. Ed Theisen, President of the CEAP Board of Directors, who stated that approximately 20 persons utilize CEAP daily. He, commenter that CLAP full -time and volunteer staff could use the library parking facilities or the Northnoz Park parking areas so as to alleviate some of the parking problems and that they are willing to schedule group activities off the site so that traific congestion and the safety aspects of utilizing the two properties will be minimized. Councilmember Lhotka inquired as to who would be legally liable for insurance purposes if the City leases from the County and in turn sublets ti: £a property to i.a z . ,. 4 a i Attorney responded that the City would have tl � s � ; t., lia bility in such an arrangement as it had with CT. w1hen occupied the old City 1,:all FA 7100 Brooklyn souls erd, Dale Ackmann stated that if the County leases the property to the City it would require the City to provide liability insurance for the amount of value placed on the property by Brooklyn Center Industrial Park Mr. Theisen stated that CEAP would pay for the liability insurance and that the City would not be responsible. - 1 -23- -78 further discussion ensued relative to the occupancy and the parking problems associated with it. The Director of Planning and Inspection commented that because of the temporary nature of the occupancy, a permanent paved parking lot would not be required but that CEAP should make the best use of other parking spaces in the area. Councilmember Scott commented that most of CEAP's clientele are walk -ins and that because of this parking would seem to be a constant problem. Mr. Theisen responded that LEAP intends to schedule meetings and conduct counseling activities in area churches or other public facilities so as to°�.ntrol this aspect of CEAP's - zervices. He added that there may be some difficulty in controlli parking because of the number of z- alk -in clientele that use CEAP's services but that every attempt will be made to minimize this problem. In response to an inquiry by Councilmember Kuefler, Mr. Theisen stated that CEAP only intends to utilize these buildings from sip: to nine months until another building for CEAP can be erected. Councilmember Kuefler also inquired of Mr. Theisen if CEAP had looked at other locations in the area for temporary occupancy. Mr. Theisen responded that CEAP has looked at a number of other locations including gas stations or other unused buildings and that the best one that might have been utilized was a building located at County Road 18 and Boone Avenue in Brooklyn Park. He explained that this building was not considered as good a location as the proposed temporary site because it was far out and the cost for utilizing the building seemed high. Councilmember Kuefler stated that it was his opinion that the proposed site would be adequate on a temporary basis. He added that the parking problem seems to be one of the biggest concerns and that hopefully CEAP's staff will understand the Council's concern and assist as much as possible in alleviating this problem. Mr. Theisen stated that CEAP well understands the City's concerns and that they intend to abide by the rules and conditions' placed on the occupancy by the City. He added that CEAP does not want to be a problem for the City or area residents and will attempt to work out any problems that , arise and be as responsive as it can be. The City Manager stated that if the Council wishes to approve the temporary occupancy of the two buildings by CEAP it should, by motion, do so and also authorize the Mayor and the City Manager to enter into a lease agree- . ment witli Hennepin County subject to the City Attorney's review : Following further discussion there was a motion by Council- Action Authorizing member Scott and seconded by Councilmember Kuefler to Temporary Occupancy authorize the temporary occupancy of 5625 Brooklyn Boulevard for CEAP and 5607 Brooklyn Boulevard by CEAP subject to the following conditions: 1 Adequate off - street parking be provided. 2. All storage and trash disposal be within the buildings or within approved screening devices. 3 Any signery must conform with the City's sign ordinance. 4. The temporary nature of the occupancy is clearly set forth as being no more than 12 months. 5. All applicable building code and life safety code requirements must be met, 1 -23 -78 -14- 6. The owner of the property, Hennepin County, s ;. provide written approval of the temporary oGur E;_ and required improvements 7. All exterior yards, walkways,and parking amas be adequately lighted for personal safety and for security pruposes, 8. With respect to the property at 5625" Brooklyn-, Ba.= vard the following corrective work mast be then:. a. Plumbing fixtures must be repaired in the kitchen and bathroom (kitchen facilities may be disconnected and removed if they are not needed). b. The bathroom light fixture must be repaired. c. All broken windows must be repaired. 9. With respect to the property at 5607 the following corrective measures must be taken: a. Provide proper valvina on hot water heater (relief and shutoff valve). b. Repair all broken windows. 10. With respect to both properties the following is required for temporary occupancy: a. An approved floor plan for each building showing proposed occupancies. b. Basement areas may not be used for any occupancy except storage as approved by the Building and Fire Inspectors c. Smoke detectors must be installed on all levels in a manner approved by the City Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The City Attorney stated that he had prepared a resolution relating to a lease agreement between the City and Ilennepi*- County with respect to the two properties. He read the resolution and briefly commented on it. RESOLUTION Member Bill Fig-nar introduced the following resolution and NO.. 78 -28 moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGE€? TO ENTER INTO A LEASE AGREEMENT WITH THE COUNTY OF HENNEPIN AND TO SUBLET PROPERTY AT 5607 AND 5625 BROOKLYN BOUL,: i, '�T D TO C0' iI'V'f U `' TfY E"V'iOr j:�EjUGy ASSISTANCE P ROGRA T, INC a The motion foc i 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 S cott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -15- 1- 23-78 The Cit* l lanager reported that Midland Cooperative which Midland 0.3 --op Request is`locateJ in Speculative Building No. 6, 6800 Shingle Creek Parkway, has requested that its bagging and blending operation be considered a similar use to permitted uses in the I -1 district. He explained that the use was not expressly permitted by the ordinance but it was similar in nature to permitted uses and could be approved by the City Council as a permitted use. He explained that this matter was reviewed by the Planning Commission at its January 12, 1978 meet -ing and they concurred with Midland Co -op's request. lie added h? . , it Midland Co -op .ad sunmitued a letter explaining the nature of the proposed use. A brief discussion ensued relative to the request. Following Action Acknowledging the discussion there was a motion by Councilmember Fignar Midland Co -op and seconded by Councilmember Kuefler to find the proposed Activities rebagging and blending use requested by Midland Cooperative, 6800 Shingle Creek Parkw as explained in a letter submitted to the file, to be simil{ r in nature to the permitted uses for the I -1 district t and, fur "hermore, that the use is subject to all applicable coxes and ordinances. Voting in favor: Mayor Nyquist, - Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unani- mously. The City Manager reported that the City Council at its Insurance Proposals December 19, 1977 meeting had awarded an insurance contract to the Home Insurance Company for certain insurance coverages He explained that Home Insurance Companies' proposal for "umbrella" insurance was rejected at that time because of the high premium cost. He added that at that same meeting the Council had directed that there be further research into the feasibility of procuring umbrella insurance coverage, and, if feasible, bird the City to such coverage provided the Council was kept advised `'of the situation. He noted that as an interim measure, the City was able to bind $1 million of umbrella coverage with the Interstate Casualty Company through the Towle Agency on a day -by -day basis through January 23, 1978. The Director of Finance commented briefly as to the amount of insurance presently carried by the City. He stated that the Home Insurance Company will only insure liquor lia- bility to $300,000, but that the statutory limit for liquor liability is $500,000 and for that reason an additional $200,000 of liquor liability coverage was bound to bring the City's coverage to the statutory limit. He reported that following his research and review of the matter he would recommend that the City obtain an additional $200,000 of liability insurance to insure our liquor liability to the statutory limit of $500,000. He also directed the Council's attention to his memorandum dated January 20, 1978 in which he discussed the advantages and disadvantages of umbrella insurance coverage Following a brief discussion there was a motion by Council - Action Awarding member Kuefler and seconded by Councilmember Fignnar to Insurance Contract award a contract for excess liquor liability to Belefonte Underwriters through the Towle Agency with a limit of liability of $200,000 per location annual aggregate, in excess of $300, 000 per location annual aggregate effective January 9, 1978 to expire December 31, 1978 for an annual premium, subject to audit adjustment, of $3,453 and to also discontinue the umbrella insurance coverage. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scotto Voting against: none. The motion passed unanimously. 1- 23x-78 -16- Licenses Motion by Councilmember Lhotka and seconded by Counci.a member Scott to approve the following list of licenses: CATERING FO OD VE LICENSE Brooklyn Center Community Center 6301 Shingle Creek , Pkwy. CIGARETTE LICE Acorn Vending Company 8433 Center Drive Brookdale 10 Office 2810 County Road 1 FOOD ESTABLISHMENT LICENSE American Bakeries 4215 69th Ave. N. Baskin Robbins Brookdale Shopping Ctr. Berean Evangelical Free, Church 6625 Humboldt Ave. N. Brookdale Assembly of God Church 6030 Xerxes Ave. N Brookdale Christian Center 6120 Xerxes Ave. N. Brooklyn Center Baptist Church 5840 Humboldt Ave. N. Brooklyn Center Community Center 6301 Shingle Creek Pkwy. Brooklyn Center Country Boy 4401 69th Ave. N. Brooklyn Center High School 6500 Humboldt Ave. N. Cicero's, Inc. Westbrook Mall Country Club Market 5715 Morgan Ave. N. Cross of Glory Church 5940 Ewing Ave N. Dayton's 1100 Brookdale Center Duoos Bros. American Legion 4307 70th Ave. N. Earle Brown Elementary School 5900 Humboldt Ave. N. Garden City School 3501 65th Ave. N. Harron United Methodist . Church 5452 Dupont Ave. N. Holiday Inn 1501 Freeway. Blvd. Jerry's Brookdale Super Valu 5801 Xerxes Ave, N. Lemoin Tree Restaurant 5540 Brooklyn Blvd. Lynbrook. Bowie Inc. 6357 N. Lilac Drive Maranatha Conservative Baptist Home 5401 69th Ave. N. Nino's Steak Round -Up 6040 Earle Bro •n Dr. Northbrook Alliance Church 6240 Aldrich Ave. N. Num Num Foods, Inca Brookdale S.nack Bar Orchard Lane School 6201 Noble Ave. N. J. C. Penney Co., Inc. 1265 Brookdale Ctr. Perkin's Cake & Steak, Inc. 5915 John Martin Dr. Poppin Fresh Pie Shop 5601 Xerxes Ave. IN. Red Owl Country Store 5425 Xerxes Ave. 1V. 7- Eleven 411 66th Ave. `N Shopper's City Bakery 3600 63rd Ave. N. Taco Towne 6219 Brooklyn Blvd. Willow Lane School 7020 Perry Ave. N. _H OU S_ EMOVE R 'S LI >FI•TSE' Ernst Machinery & Housemover's 9400 85th Ave. N. ITINERA FOOD ' LICENSE Brooklyn Cent 1 . Jaycees 5321 P nl:Ml-ive , N. M_E NICA S STET-_ "a ` ,.,) L Sheridan Sheet Iv etal Go. �µ~ RT 4116 Queb=ec Ave. N. MOTOR VEHICLE DEALERSHIPS LICENSE J. C. Penney Co., Inc. 1265 Brookdale Center -17- 1- 23-78 NQNi'z .<1 VEN MACHINE LICENSE Anc.erson Automatics, Inc, l 4912 France Ave. N. Bill's Juice Vending 3900 Beard Ave. S. Holiday Inn 1501 Freeway Blvd. Bill's Vending Service Co 7317 West Broadway Brooklyn ,Center Shell 6245 Brooklyn Blvd. Bond Tool and Die Co. 6840 Shingle Creek Pkwy, Brookdale Covenant Church 5139 Brooklyn Blvd. Brookdale Shell Service 1505 Freeway Blvd. rxooklyn Centcr High School 6501 Humboldt Ave. N. Carousel Coiffures 6225 Brooklyn Blvd. Christy's Auto 5300 Dupont Ave. N. Coca- -Cola Bottling Company 101 Central Ave. E.E. Bermel Smaby 6500 Brooklyn Blvd. Brookdale Car Wash 5500 Brooklyn Blvd. Brookdale Chrysler- Plymouth 6121 Brooklyn Blvd. Brooklyn Center Shell 6245 Brooklyn Blvd. Brooklyn 76 Oil 6901 Brooklyn Blvd. Firestone . 5445 Xerxes Ave. N. John M. Frey Co. 6800 Shingle Creek Pkwy, Garden City School 3501 '65th Ave. Ns Goodyear 5500 Xerxes Ave. N. K -Mast . 5930 Earle Brown Dr. Midwest Federal 5545 Xerxes Ave. N Network Systems 6820 Shingle Creek Pkwy. Coca -Cola Bottling Company 1189 Eagan Ind. Rd. Arctic Metals 6530 James Ave. N. Consumer Vending 8800 41 st Ave N. Brookdale Pontiac 6801 Brooklyn Blvd. Federal Lumber 4810 N. Lilac Dr. Continental Sign & Adv. Co. 4315 70th Ave. N. Country Club Market 5715 Morgan Ave, N. Davies Water Equipment ?010 Lakebreeze Ave. Dean's Vending P.O. Box 380 Brookdale Motel 6500 Lyndale Ave. N. Johnny's Inc. 6846 Brooklyn Blvd. Pilgrim Cleaner's 5748 Morgan Ave. N. Lynbrook Bowl, Inc. 6357 N. Lilac Dr. Maranatha Conservative Baptist Home 5401 69th Ave. N. Northwest Microfilm, Inc. 6840 Shingle Creek Pkwy, Precision, Inc. 3415 48th Ave. N. Ralph's Super Service 6601 Lyndd'le Ave. N. Red Owl Country Store 5425 Xerxes Ave. N. Saber Dental Studio 6800 Shingle Creek Pkwy. Theisen Vending Company 3804 Nicollet Ave, Bill West 76 Service Center 2000 57th Ave. N. PERISHABLE VENDING MACHINE LICENSE Coca -Cola Bottling Company 1189 Eagan Ind Rd, Arctic Metals 6530 James Ave. N. Red Owl Country Store 5425 Xerxes Ave. N. READILY PERISHABLE FOOD VEHICLE LICENSE Little Friends Day Care Center 5840 Humboldt Ave. N. Voting in favor: Mayor Nyqui t, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. 1 -23 -78 18 "Adjournment Motion by Councilmember Kuefler and seconded by Council- member Fignar to adjourn the meeting. Voting in favor Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scotto Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9 :35 p.m. Clerk ayor -19- 1 -23 -78