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HomeMy WebLinkAbout1978 08-14 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 AUGUST 14, 1978 CITY HALL CALL TO ORDE The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:05 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Bill Fignar, Gene Lhotka, and Celia Scott. Also present were City Manager Gerald Splinter, Director of Public Works James Merila, City Attorney Richard Schieffer, Director of Finance Paul Holmlund, Director of Planning and Inspection Ron Warren, Director of Parks and Recreation Gene Hagel, Superintendent of Engineering James Noska, Building Official Will Dahn, and Administrative Assistants Mary Harty, Brad Hoffman and Steve Korff. o INVOCATION The invocation was offered by Pastor Backie o OPEN FORUM Mayor Nyquist introduced the next item of business on the agenda, the Open Forum. He recognized Mr. Virgil Linn of 3112 49th Avenue North. Mr. Linn questioned the status of improvements at Howe Fertilizer as stipulated in an earlier Council meeting. Mr. Linn indicated certain problems had been dealt with minimally. Some of the garbage and debris in the back of Howe Fertilizer had been cleaned up but there was still some left. Howe Fertilizer was experiencing a slack time and, therefore, the lay off of employees has taken care of the former parking problem but Mr. Linn indicated he felt the problem would arise again at peak business times. Mr. Linn expressed concern over a fence that Howe Fertilizer had erected. After erection of the fence, Howe Fertilizer had moved trailers along the fence in the area of 49th Avenue. Mr. Linn asked whether or not a City ordinance did not require the area along the fence be left as a greenstrip rather than used for parking. He further expressed concerns about the vibration problem. Finally, Mr. Linn explained there were certain areas where Howe Fertilizer had dumped ctravel. These areas had formerly been sodded and the City had requested that they be resodded. Mr. Linn indicated these areas had not been resodded. In conclusion, Mr. Linn stated he has not forgotten the earlier discussions and the suggestions for improvement at Howe Fertilizer and even though the summer was a slack time for Howe, Mr. Linn would continue to monitor the situation in hopes of reaching a situation which the neighborhood could tolerate. Mr. Linn indicated he considered a class action lawsuit if all other means failed,, Mayor Nyquist commented that considerable attention had been directed to Howe by City staff. The City Manager further commented that Howe Fertilizer had signed a stipulation agreement with the Pollution Control Agency which set a schedule as to 8 -14 -78 -1- when the problems would be handled. The problems in question are the ammonia like smell, the fugitive dust problem and the particulate matter problem. If there is noncompliance with the stipulation' agreement, there will be a fine levied against Howe Fertilizer. The City Manager further explained Howe Fertilizer had put up the fence to screen the fertilizer plant from the neighborhood as an interim step. Howe Fertilizer had followed the setback requirements in the erection of the fence. Finally, the City Manager indicated the City was monitoring the situation at Howe Fertilizer and also monitoring the compliance with the PCA stipulation agreement. The City Manager suggested a copy of the stipulation agreement could be sent to Mr. Linn for his review Mayor Nyquist next recognized Mrs. Earlene Scott, an employee of the Hennepin County Welfare Department located at 400 South 5th Street. Mayor Nyquist explained under the guidelines for Open Forum, speakers were generally not allowed to speak on a topic that was scheduled for the agenda of that particular Council meeting but that he would allow Mrs. Scott to speak on the issue. Mrs. Scott explained that several assessments had been made which show the northwest quadrant of the greater metropolitan area is in need of many social services. It is her feeling that CEAP is a visible organization and an accessible organization. It is difficult for many of the people who are now served by CEAP in Brooklyn Center to get downtown to get those same services. Records of the Hennepin County Welfare Department show 900 contacts with.Hennepin County made through LEAP. Mrs. Scott concluded CEAP provides a valuable service and it is her hope the City Council will support LEAP to such a degree that CEAP will be able to continue. Mayor Nyquist next recognized Mr. Floyd Scott who is an information and referral and outreach worker, working from the CEAP building at 5625 Brooklyn Boulevard. Mr. Scott explained he had a written summary of his comments which he would submit to the City staff. He explained CEAP had played a valuable role in fulfilling the needs of this area. Some of the needs which CEAP deals with are . transportation of the elderly and poor people and medical needs, among many others. Mr. Scott expressed concern over shrinking federal and state dollars and the fact that more of the burden for social service needs is falling on municipalities. CEAP has been able to fulfill many of those needs effectively and economically for the municipalities of Brooklyn Center and Brooklyn Park. Councilmember Fignar asked how the proliferation of agencies that duplicate services could be eliminated if for example CEAP was able to more effectively provide a particular service. Mr. Scott responded that the Hennepin County Planning and Evaluation Unit for cost effectiveness might be able to evaluate what organizations could most effectively provide a service and if-there is in actuality a duplication. Mayor Nyquist next recognized Mr. Arnie Foslien, 7120 Riverdale Road. Mr. Foslien commented CEAP has made this community a good place to live. He urged the Council to take legal action as quickly as possible to again make CEAP possible. Mr. Foslien explained it was his opinion CEAP was the closest option people had in this day and age to be able to help their rreighbor. Mayor Nyquist inquired if anyone else wished to be recognized for the Open forum; there being none, the Open Forum was closed. 8 -14 -78 -2- Mayor Nyquist next recognized Margaret Grimes who had been crowned Senior Aquatennial Queen, Mayor Nyquist offered congratulations to Margaret Grimes on behalf of the City and presented roses to hero Councilmember Kuefler arrived at 7:35 p.m. APPROVAL OF MINUTES - JULY 24. 1978 There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to approve the minutes of the July 24, 1978 meeting as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. DECLARATION OF HANDICAPPED SCOUT WEEK Mayor Nyquist asked the Council to consider declaring the week of August 13 through August 20 as Handicapped Scout Week. During this "week there will be a paper drive to earn money for handicapped Scouts. There was a motion by Council- member Scott and seconded by Councilmember Fignar to declare the week of August 13 through August 20 Handicapped Scout Week. • Voting in favor: Mayor Nyquist, Council - members Kuefler, Fignar, Lhotka, and Scotto Voting against; none. The motion passed unanimously. FINAL PLAT A PPROVAL FOR REGISTERED LAND SURVEY (ROBERT GUSTAFSON) The final plat approval is for property lying on the east side of France Avenue North just southerly of 53rd Avenue North. The City Council approved the preliminary plat on June 19, 1978 under Application No. 78031. Motion by Councilmember Lhotka and seconded by Councilmember Fignar to approve the registered land survey as submitted by Robert Gustafson for the property lying on the east side of France Avenue North just southerly of 53rd Avenue North. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. FINAL PLAT APPROVAL FOR IRVING ESTATES SUBDIVISION (DAVID BRANDVOLD) The final plat approval for property lying north of 69th Avenue North and westerly of Irving Avenue North was held over until the August 28, 1978 City Council meeting. RELEASE OR REDUCTION OF PERFORMANCE BONDS The City Manager explained site inspections had been made and on the basis of completed approved improvements, release or reduction of the performance agree- ments for the following projects is recommended: Burger King, 6110 Brooklyn Boulevard, to be released of an $8,000 bond submitted by Antler Corporation; Vickers Station, 6830 Brooklyn Boulevard, to be released of a $10,000 bond submitted by Elder - Jones, Inc.; Dayton's Home Store, 5701 Xerxes Avenue North, to be released of a $9,500 bond submitted by Dayton Hudson Corporation; Fun Services, 3701 50th Avenue North, to be reduced a $3,000 cash escrow submitted by Mr. William Bjerke to $1,000. Motion by Councilmember Scott and seconded by Councilmember Fignar to release performance bonds for Burger King, Vickers Station, and Dayton's Home Store, and to reduce performance bonds for Fun Services, in the amount recommended by the City 8 -14 -78 -3 Manager. Voting in favor: Mayor Nyquist, Councilmembers. Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. APPOINTMENTS Mayor Nyquist recommended Rev. Robert Cilke, 6012 Washburn Avenue North, as a Commissioner on the Housing Commission. Rev. Cilke would replace Mr. Leo Beikler as an at -large Commissioner to the Housing Commission. Motion by Councilmember Fignar and seconded by Councilmember Kuefler to approve the appointment of Rev. Robert Cilke as a Commissioner to the Housing Commission. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Mayor Nyquist recommended the appointment of Fred Albright, 5344 Irving Avenue North to the Conservation Commission. Motion by Councilmember Kuefler aid seconded by Councilmember Scott to approve the appointment of Mr. Fred Albright as a Conservation Commissioner. Mr. Albright was in the audience to receive the appointment. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Mayor Nyquist recommended the appointments of the election judges for the primary election on September 12, 1978 as recommended in a list from the City Clerk to the Council. Motion by Councilmember Lhotka and seconded by Councilmember Fignar to approve the election judges for the primary election on September 12, 1978 as named on the list provided by the City Clerk to the City Council. That list of people will also serve for general- election judges if they are so available. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, The motion passed unanimously. AUTHORIZATION TO HIRE A CONSULTANT The City Manager introduced the next item of business on the agenda, the authori- zation to hire a consultant for inspection of water tower repainting for Contract No. 1978 -G. The City Manager recommended a motion be made by the City Council authorizing the City Manager to retain Twin City Testing and Engineering Laboratory, Inc. for an amount not to exceed $1,500 to conduct certain inspections and tests of the repainting and modifications of elevated water towers comprehended under Contract No. 1978 -G. The City Engineer explained consultants had been used in the past for this type of inspection for quality control but previously the cost had been under $1,000. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to authorize the City Manager to retain Twin City Testing and Engineering Laboratory, Inc. for an amount not to exceed $1,500 to conduct certain inspections and tests of the repainting and modifications of elevated water towers comprehended in Contract No. 1978 -G. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, 8 -14 -78 -4- Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. DISCUSSION OF REMOVAL OF A HAZARDOUS BUILDING The City Manager introduced the next item of business a resolution ordering the removal of a hazardous building located at 5426 Fremont Avenue North. The building was damaged by fire on March 26, 1978. RESOLUTION NO. 78 -158 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ORDERING THE RAZING`AND REMOVAL OF THE HAZARDOUS BUILDING AND DEBRIS ON LOT 28, BLOCK 2, N AND E, PERKINS ADDITION, COUNTY OF HENNEPIN, STATE OF MINNESOTA The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was , declared duly passed and adopted. DISCUSSION ON PRELIMINARY ENGINE AGR1 The City Manager introduced the next item of business, a resolution authorizing the Mayor and the City Manager to enter into a preliminary engineering agreement with the Minnesota Department of Transportation, The agreement provides for reimbursement to the City for engineering costs related to utility relocation necessitated on I -94 between T.H. 152 and T.H. 169. RESOLUTION NO, 78 -159 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION PERTAINING TO MINNESOTA DEPARTMENT OF TRANSPORTATION AGREE - MENT NO. 59193 REGARDING PRELIMINARY ENGINEERING FOR RELOCATION OF UTILITIES IN CONJUNCTION WITH CONSTRUCTION OF F.I. 94 BETWEEN T.H. 694 AND THE WEST CORPORATE LIMITS OF THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the- same: none, whereupon said resolution was declared duly passed and adopted. A second resolution pertaining to the Minnesota Department of Transportation regarding preliminary engineering costs for relocation of utilities in conjunction with FI -94 southerly of T.H. 694 was recommended by the City Manager. RESOLUTION NO. 78 -160 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION PERTAINING TO MINNESOTA DEPARTMENT OF TRANSPORTATION AGREE- MENT NO. 59266 REGARDING PRELIMINARY ENGINEERING FOR RELOCATION OF UTILITIES IN CONJUNCTION WITH COSTS OF F .I. 94 SOUTHERLY OF T.H. 694 8 -14 -78 -5- The motion'for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. DISCUSSION ON TAX FORFEITED LAND The City Manager introduced the next item of business, designation of certain tax forfeited land in the City of Brooklyn Center to be used for public purposes. There are two resolutions concerning tax forfeited land in the City recommended for approval. First, it is recommended that Parcel 0210 of Plat 89103 (approximately 4.6 acres) lying westerly of Shingle Creek and southerly of the American Little League property and easterly of the properties abutting Vincent Avenue be obtained by the City and utilized as additional open space. Secondly, it is recommended that a portion of Classification List "654 -NC" be approved for sale. It is not the intention of the City of Brooklyn Center to approve Plat 89103, Parcel 0210; Plat 89252, Parcel 4500; Plat 89766, Parcels 6000, 7500 and 9000 for sale. RESOLUTION NO. 78 -161 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING CERTAIN TAX FORFEITED LAND IN THE CITY OF BROOKLYN CENTER TO BE USED FOR PUBLIC PURPOSES The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO 78 -1 2 0 6 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING A PORTION OF CLASSIFICATION LIST "654 -NC" The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken _thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PUBLIC HEARING ON PROPOSED SANITARY SEWER USER INDUSTRIAL STRENGTH CHARGE The City Manager introduced the next item of business, a public hearing on the proposed sanitary sewer user industrial strength charge. Currently there are no industries within the City of Brooklyn Center that would be required to pay the additional user e strength char However, it is necessary for h City to g g. e y the y establish the strength charge in the event a new industry falling within the , strength charge formula were to come into the community. The specific formula for determination of the user strength charge has been formulated by the Minnesota Waste Control Commission. 8 -14 -78 -6- The Director of Public Works explained Brooklyn Center does not presently have industries that fall into the category which would be required to pay the industrial user strength charge. The net effect on Brooklyn Center of the metropolitan industrial user strength charge is to reduce Brooklyn Center's total payment by approximately 5 %. The Director of Public Works explained that currently in Minnesota only a few municipalities are paying the metropolitan industrial user strength charge. South St. Paul, St. Paul and Minneapolis are currently paying the user strength charge. Mayor Nyquist inquired whether anyone in the audience was in attendance to speak at the public hearing on the industrial strength charge. There was no one in the audience to speak at the public hearing. There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to close the public hearing. Voting in favor: Mayor Nyquist, Council- members Kuefler, Fignar, Lhotka, and Scotto Voting against: none. The motion passed unanimously. The City Manager recommended the passage of a resolution amending the schedule of rates, fees and charges for the use of and connection to the sanitary sewer system of the City of Brooklyn Center. The amendment provides for the inclusion of the metropolitan industrial user strength charge to the current schedule of rates, fees and charges within the City. RESOLUTION NO. 78 -163 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE SCHEDULE OF RATES, FEES AND CHARGES FOR THE USE OF AND CONNECTION TO THE SANITARY SEWER SYSTEM OF THE CITY OF BROOKLYN CENTER 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. PLANNING COMMISSION ITEMS The City Manager introduced. the Planning Commission items at the scheduled time of 8:15 p.m. The first item under consideration was Planning Commission Applica- tion No. 78032 submitted by Mr. R. L. Johnson requesting rezoning from R -3 to C -2 approximately 5 acres in the 7200 block on the west side of Brooklyn Boulevard. The Planning Commission voted at its July 27, 1978 meeting to recommend denial of the application because the C -2 zoning is not consistent with the Comprehensive Plano A resolution recommending denial of the application submitted by R. L. Johnson was approved for recommendation to the City Council at the Planning Com- mission meeting held on August 10, 1978. The Director of Planning and Inspection reviewed the history of the application noting that although the Northwest Neighborhood Advisory Group had favored the rezoning, the Planning Commission looked at the rezoning as spot zoning, not consistent with the Comprehensive Plan. The Director of Planning and Inspection 8 -14 -78 -7- i explained the Planning Commission voted 4 -1 at its July 27, 1978 meeting to recommend denial of the application.. The Planning Commission requested at that time that a resolution recommending denial of the application submitted by R. L. Johnson be drawn up by staff to be reviewed at the next Planning Commission meeting. The resolution was prepared and the Planning Commission voted 2 -1 to recommend the resolution as prepared by the staff to deny the Appli- cation No. 78032 as submitted by R. L. Johnson. The Director of Planning and Inspection indicated two Planning Commissioners abstained citing the reasons that one of the abstaining Commissioners was not present at the meeting at which the application was considered and the second abstaining Commissioner abstained because of business contacts and possible conflicts. Two other members of the Planning Commission were absent from the August 10 Planning Commission meeting. The Director of Planning and Inspection also showed slides of the land in question. In response to questions from Councilmembers, the Director of Planning and Inspection explained the applicant wished to have a C -2 use on the northerly part of the land and a C -1 use on the southerly part of the land. It was further explained the Brooklyn Park property adjacent to the northerly part of the 5 acres located in Brooklyn Center is zoned comparably to Brooklyn Center C -2 use. PUBLIC HEARING Mayor Nyquist opened the meeting for purposes of a public hearing on Planning Commission Application No. 78032 submitted by Mr. R. L. Johnson. There was no one present to speak on the application. The applicant was invited to present additional comments. Mr. Johnson presented a scale model of the proposed development indicating that certain minor changes had been made. Mr. Johnson indicated the develop - ment as proposed provided for an adequate buffer zone thereby making it compat- ible with the uses already in the area. CLOSE PUBLIC HEARING Motion by Councilmember Fignar and seconded by Councilmember Lhotka to close the public hearing on Planning Commission Application No. 78032. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar Lhotka, and Scott. Voting against: none. The motion passed unanimously. Further discussion ensued concerning the application submitted by Mr. R. L. Johnson. Councilmember Scott expressed concern that the C -2 use does not meet the Comprehensive Plan Guidelines. She indicated she would be more favorable to a C -1 zoning on the southerly part of the land and a C -2 zoning on the northerly part of the land. Councilmember Scott indicated although much of the land is unbuildable and Mr. Johnson has the best intentions in the development proposal, rezoning should not be based on development concept. Mayor Nyquist concurred with Councilmember Scott's comments also expressing a preference for a C -1 zoning in the southerly part of the land and a C -2 zoning in the northerly part of the land. He further expressed concern for rezoning the entire 5 acres as C -2 with the traffic that would be generated with the C -2 use. 8 -14 -7R _Q_ He felt peak traffic with the restaurant would coincide with the other peak traffic on.the Boulevard. Councilmember Fignar stated although restaurants do generate a certain amount of traffic, restaurants of the type mentioned in the development do not generate excessive outside - traffic, rather, the people who come to this type of restaurant usually come from the near vicinity for the convenience factor. For this reason the restaurants do not generate excessive extra traffic from outside of the area. Councilmember Kuefler explained in his opinion the C -1 use in the southerly section of the land would be compatible with the townhouses in the area and the C -2 use in the northerly part of the land would be compatible with the Brooklyn Park use of the adjacent land, Mr. Johnson indicated he would be satisfied with a split zoning C -1, C-2. In response to questions from the Council, the City Attorney explained the Comprehensive Plan encouraged C -1 use along Brooklyn Boulevard and encouraged the C -1 use in groups. In the Comprehensive Plan, Brooklyn Boulevard is desig- nated as a roadway to permit flow of traffic through the City, not to bring traffic to the City. The City Attorney further indicated there are several other property parcels along Brooklyn Boulevard that people would like to see rezoned C -2. The City Attorney concluded that amending the Comprehensive Plan to comprehend C -1 and C -2 use 'in the parcel of land proposed for development by Mr. Johnson would be more far reaching than would at first be apparent. In response to questions from the Council the City Manager explained the properties left to be developed on Brooklyn Boulevard should be developed as low density areas according to the Comprehensive Plan. He further noted any business added to Brooklyn Boulevard will make traffic flow more difficult particularly because of left hand turns. Additional business would increase the number of vehicles and the frequency of vehicles passing through the area. Motion by Councilmember Scott and seconded by Councilmember Fignar to refer Application No. 78032 submitted by Mr. Johnson back to the Planning Commission with direction to the Planning Commission to study a possible amendment to the Comprehensive Plan considering the following: first, a C -1 use in the southerly part of the land and the C -2 use in the northerly part of the land would be compati- ble with the zoning in the adjacent sections of land both in Brooklyn Center and Brooklyn Park; second, some conditions in that area make building difficult; third, the split zoning C -1, C -2 provides a buffered area near the creek; fourth, an R -3 zoning in the area may not be desirable because of the adjacency to Brooklyn Park where the land is commercially developed; fifth, the land locked acreage should be considered for rezoning to C -1. Finally, denial of the present applica- tion is recommended. In discussion of the motion, Councilmember Fignar urged the Planning Commission to deal with the application expediently in fairness to the developer. The City Manager indicated it might be feasible the. application could be before the City 8 -14 -78 -9- t Council at their last meeting in September but the process, being a democratic process, was slow. The City Manager concurred the application should be dealt with expediently but further explained the City would be living with the results of the decision for many years and it was necessary to carefully look at the development and its ramifications. The City Manager further explained the consultants working with the City on the new Comprehensive Plan would be carefully looking at the Brooklyn Boulevard area and its future development and needed time for this study. Councilmember Scott amended the motion on the floor and Councilmember Kuefler as seconder of the motion concurred with the amendment. Councilmember Scott moved the following two points: first, to deny Planning Commission Application No. 78032; second, to refer Application No. 78032 back to the Planninq Commission to study the feasibility of amending the Comprehensive Plan to allow for C -1 use on the southerly part of the land and C -2 use on the northerly part of the land for the five reasons as listed in the original motion. RESOLUTION NO. 78 -164 Member Celia Scott introduced the following resolution and moved its adoption; RESOLUTION REGARDING RECOMMENDED DISPOSITION OF APPLICATION NO. 78032 SUBMITTED BY MR. R. L. JOHNSON The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. PLANNING COMMISSION APPLICATION NO. 78046 (PAMELA LANGREN) The City Manager introduced the next item, Planning Commission Application No. 78046 submitted by Pamela Langren for a special use permit for a home occupation (beauty shop) at 6224 Regent Avenue North. The Planning Commission recommended approval of this application at its July 27, 1978 meeting. The Director of Planning and Inspection explained the Building Inspector had reviewed the building and found the proposed special use acceptable for the building. The Director of Planning and Inspection further explained a public hearing had been held on the special use permit and at that "time some of the neighbors had expressed concern about the possible decline in value of their own property due to the special use and about the possible increase in traffic in the area. These concerns were addressed at the public hearing and the neighbors appeared to be satisfied with the answers, Mayor Nyquist opened the meeting for purposes of a public hearing. There was no one there to speak on the application. The applicant showed the Council a flyer she had prepared which explained to her potential customers the require- ments that they call for an appointment and park in the driveway. Motion by Councilmember Kuefler and seconded by Councilmember Fignar to close the public hearing. Voting in favor: Mayor Njyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion 8 -14 -78 -10- passed unanimously. Motion by Councilmember Fignar and seconded by Councilmember Lhotka to approve Planning Commission Application No, 78046 submitted by Pamela Langren for a special use permit for a home occupation at 6224 Regent Avenue North with the following conditions of approval: 1. The permit is issued to the applicant as operator of the proposed use and is nontransferable. 2. The permit is subject to all applicable codes, ordinances and regulations, and violation thereof shall be grounds for revocation. 3. A copy of the current State operator's license shall be kept on file with the City. 4. All parking related to the special use shall be off street parking on appropriate space provided by the applicant. 5. Hours of operation shall be Monday, 1:00 - 9:00 p.m. , Thursday, 9:00 a.m. 5 :00 p.m., and Friday, 9:00 a.m. - 5:00 p.m. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scotto Voting against: none. The motion passed unanimously. CEAP DISCUSSIO The Mayor explained to the audience that consideration of CEAP would be held at this time because many of the people in the audience were interested in that issue. Forrest Castle, 6221 Shingle Creek Parkway, presented a petition with a list of names of people from the Shingle Creek Tower, supporting LEAP, Mr. Castle further expressed personal concern, as a member of the Human Rights Commission, that the Council act to support LEAP. Mayor Nyquist recognized Mr. Ed Theisen as a representative of CEAP to explain CEAP`s position. Mr. Theisen explained during the last Council meetin °g he had presented background information on LEAP. At that time several questions were raised as to the cost effectiveness of CEAP particularly in regards to duplication of services. Mr. Theisen emphasized one of CEAP's strengths was its use of volunteers It is Mr. Theisen's belief that - the use of volunteers makes CEAP the organization that it is and furthermore makes it extremely effective. He expanded on this contention through a further explanation of one of CEAP's programs, Meals At Your Door. Mr. Theisen concluded his comments with a reiteration of a request for Council support and explanation of a need that CLAP has for a new home in order to carry on services. I Mayor Nyquist commented the Council is well aware of the effectiveness of CEAP but the issue at hand was how the insurance money should be handled. 8 -14 -78 -11- Councilmember Kuefler indicated past action has shown the Council philosoph- ically agrees with the need for LEAP and the fact that CEAP has been an effective organization. Councilmember Kuefler suggested a figure of $155,000 to be contributed to CEAP to build a building and continue services. Council - member Lhotka also expressed support for CEAP but expressed a concern with the amount of dollars as suggested by Councilmember Kuefler, Councilmember Scott concurred with former comments on the need for LEAP within Brooklyn Center. She indicated she did not think there was a duplication of service but rather that certain needs were growing in Brooklyn Center and the referral system within CEAP is particularly effective in dealing with the growing needs. She felt CEAP was particularly effective in helping people surmount the govern- mental bureaucratic red tape in order to have their needs taken care of. Council- member Fignar expressed support for CEAP and further commented he felt that his questions about duplication of services had been answered by the CEAP organization. Councilmember Fignar explained presently his position would be to commit $115,000 to be paid to CEAP as progress is made in completing the building. He suggested that -CEAP seek pledges from businesses in Brooklyn Center and Brooklyn Park to raise the balance of the money. In response to questions from the Council Mr. Theisen explained the fund raising plan as developed thus far included the following: free will offerings from churches, a raffle of an automobile, donations from the business community, and donations from the downtown Council. Mr. Theisen indicated realistically CEAP could plan on approximately $25,000 in donations. In response to other questions from Council members Mr. Theisen explained the present plan for a new building had been scaled back to 6,000 square feet which includes the warehousing space to store clothing, furniture and food. In Mr. Theisen's estimation, the square footage could not be reduced fueLher or the entire program would be negatively impacted. CEAP had estimated the total cost of a 6,000 square foot building would be $208,000 including site work. There were further comments from Councilmember Fignar and from Mayor Nyquist indicating CEAP estimates were high in comparison with figures provided to Councilmember Fignar and Mayor Nyquist, Councilmember Fignar noted he had received an estimate of $20 a square foot for a warehousing space and $30 a square foot for office space. The Building Official indicated the difference might be related to inclusion of site improvement costs. In response to a question from Councilmember Lhotka, Mr. Theisen related CEAP was prepared to acquire sufficient operating capital but that the building was needed. Operating capital is acquired in the following manner: approxi- mately $30,000 per year from churches; approximately $6,000 - $8,000 from the CEAP Ball; approximately $2,000 - $5,000 from the 24 hour relay; and additional contributions from businesses, organizations and. foundations. Motion by Councilmember Fignar and seconded by Councilmember Kuefler to commit $115,000 to a CEAP building fund to be paid out at proper intervals as determined by the building progress. In discussion of the motion the City Manager suggested it might be helpful to instruct staff to draw up the contracts for review by the City Council. 8 -14 -78 -12- In further discussion Councilmember Kuefler expressed the fact he felt CEAP had a greater need than $115,000. Councilmember Kuefler again suggested a $155,000 commitment to CUP. Councilmember Kuefler indicated beyond that point, CEAP would be able to take care of their own operating costs . Councilmember Lhotka questioned whether or not the City can legally commit $155,000 or any amount specifically to a building fund. The City Attorney responded a specific commit- ment to a building fund was legally questionable. Councilmember Kuefler commented it was important that the wording of the contract be worked out in such a way that the contract met legal requirements. The City Manager suggested wording within the contract which would tie the contract with LEAP to services operating from a building as a possible remedy to the situation. The City Attorney suggested the language in the motion as presented by Councilmember Fignar would be open to a great deal of interpretation and may not be defensible in a court situation. The City Attorney suggested a contract stipulating equal payments of a certain amount over a certain period of years such as $30, 000 per year over a four year period using the contract language of August 1 1 , 1978. Councilmember Fignar withdrew the motion on the floor and the seconder of the motion, Councilmember Kuefler, concurred. Motion by Councilmember Fignar to designate $115,000 to a contract for services payable in four equal payments. The contract language would appear as per the August 11 , 1978 wording and the contract would include a release clause, releasing the City from further liability. There was not a second to the motion, Councilmember Kuefler again expressed concern that $115, 000 was not adequate. He further stated if CEAP's estimates were troubling to the Council it would be better to check the estimates to see if they in fact were high. Mr. Theisen responded to questions from the Council that the motion as presented by Council- member Fignar was acceptable in concept but the dollar amount was inadequate. In response to further questions from the Council the City Attorney suggested in order to make a contract more defensible a contract for service with payments extended over a period of years would be most appropriate. Councilmember Fignar reworded the motion. There was a motion by Councilmember Fignar and seconded by Councilmember Scott to commit $115,000 to CEAP for services for the next four years to be paid at intervals and to be paid in full upon completion of the building. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. SANITARY SEWER IM PROTECT The City Manager introduced the next item, amending Sanitary Sewer Improvement Project No, 1978 -18 and Resolution Nos, 78 -101 and 78 -122. The City has received a petition from the property owners of the proposed Irving Estates Sub- division requesting this amendment. 8 -14 -78 -13- RESOLUTION NO. 78 -165 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING SANITARY SEWER PROJECT NO. 1978 -18 AND RESOLUTION NOS. 78 -101 AND 78 -122 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. ADDITION OF AMENDED SANITARY SEWER IMPROVEMENT PROJECT The City Manager introduced the next item, ordering the addition of amended Sanitary Sewer Improvement Project No. 1978 -18 to Contract 1978 -D. RESOLUTION NO. 78 -166 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION ORDERING ADDITION OF AMENDED SANITARY SEWER IMPROVEMENT PROJECT NO. 1978 -18 TO CONTRACT 1978 -D The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ACCEPTING WORK FOR CONTRACT The City Manager introduced the next item of business, accepting Street Surfacing Improvement Project No. 1977 -19 completed by Hardrives, Inc. The work was completed in the area of Lyndale Avenue North from 59th Avenue to 62nd Avenue North. RESOLUTION NO. 78 -167 Member Bill Fignar introduced the following resolution and 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: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager further recommended -acceptance of the work completed by Hardrives, Inc. for the Curb and Gutter Improvement Project No. 1977 -20 also located on Lyndale Avenue North from the center line of 59th Avenue North to the center line of 62nd Avenue North. ' i 8 -14 -78 -14- RESOLUTION NO. 78 -168 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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. It was brought to the Director of Public Work's attention that a large chunk of curb in that area had been broken off. The Director of Public Works responded that another inspection would be made and the area would be repaired, The City Manager recommended the acceptance of work for Water Main Improve- ment Protect No. 1978 -3 completed by Deluxe Construction, Inc. located in the area of 70th Avenue North from June Avenue to future Kyle Avenue North. RESOLUTION NO, 78 -169 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) The motion for the adoption of the foregoing resolution was duly 'seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced the next item, accepting bid and approving the contract for Water Tower Maintenance Contract 1978 -Go Bids were received for repainting ' "rater Tower No. 2 located at 69th and Dupont Avenue North on August 9, 1978. Two bids were received and the City Manager recommended that the bid of Schumann Brothers, Inc. in the amount of $43,000 be accepted. RESOLUTION NO. 78 -170 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (WATER TOWER MAINTENANCE PROJECT NO. 1978 -30 - CONTRACT 1978 -G) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 8 -14 -78 -15- AUTHORIZING EMERGENCY BRICK REPAIR The City Manager introduced the next item, authorizing emergency brick repair on the south and west walls of the Community Center. The City Manager recom- mended the quotation of Carciofini Caulking Co. in the amount of $9,500 be accepted. R ESOLUTION NO. 78 -171 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF REMOVAL AND REPLACEMENT OF SPALLED AND DEFECTIVE BRICK 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. ACCEPTING QUOTATIONS FOR ALLEY AND STREET WORK The City Manager introduced the next item, accepting quotations for alley paving, street paving, gravel base and /or curb and gutter in the following alleys: between James Avenue and Knox Avenue, between Twin Lake Avenue and Lakeview Avenue, between Humboldt and Irving Avenue, and the following streets: 70th Avenue, James Circle, Irving Avenue and Irving Lane, and Aldrich Avenue. The acceptance of the quotations as listed in the following .five resolutions provides for a method of constructing the street and alley paving projects for which formal bids were received twice in an amount which was over twice the engineer's estimate for the work to be accomplished. It is estimated that by doing the work on a quota- tion basis, it is possible-to accomplish the work for less than the engineer's estimate. RESOLUTION NO. 78 -172 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATION FOR ALLEY SURFACING (CONTRACT 1978 -H) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 78 -173 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATION FOR STREET BASE (CONTRACT 1978 -I) 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 B-14-78 -16- Scott; and the following voted against the same: none, whereupon said resolution. was declared duly passed and adopted. RESOLUTION NO. 78 -174 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATION FOR STREET SURFACING (CONTRACT 1978 -K) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 78 -175 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATION FOR STREET SURFACING (CONTRACT 1978-L) 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 Cilia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. R ESOLUTION N O. 78 -176 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTATION FOR CURB AND GUTTER (CONTRACT 1978 -M) The motion for the adoption of the foregoing resolution was duly seconded by member Tony K_uefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Director of Public Works explained one more resolution concerning street and alley work would be presented at the next Council meeting. ESTABLISHING IMPROVEM PROJECTS IN THE PONDS DEVELOPMENT The City Manager introduced the next item, establishing projects for water main improvement, storm sewer improvement, street grading, base and surfacing improvement and /or curb and gutter improvement. The projects comprehend improvements for: 1) the utility and street construction necessary for plat 3 P Y Y p and 4 of the Ponds Development; 2) the storm sewer and street construction necessary for development of Phase VII of the Ponds Development. RESOLUTION NO 78 -177 Member Bill Fignar introduced the following resolution and moved its adoption: 8 -14 -78 -17- RESOLUTION ESTABLISHING'TRUNK WATER MAIN IMPROVEMENT PROJECT NO, 1978 -31, STORM SEWER IMPROVEMENT PROJECT NO, 1978 -32 STREET GRADING, BASE & SURFACING IMPROVEMENT PROJECT NO, 1978 -33, AND CURB & GUTTER IMPROVEMENT PROJECT NO. 1978 -34 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, RESOLUTION NO, 78 -178 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING STORM SEWER IMPROVEMENT PROJECT NO, 1978 -35, STREET GRADING, BASE & SURFACI G" IMPROVEMENT PROJECT NO, 1978 -36, AND CURB AND GUTTER IMPROVEMENT PROJECT NO, 1978 -37 AND ORDERING PREPARA- TION OF PLANS AND SPECIFICATIONS 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. DISCUSSIO OF HEALTH AND SANITATION ORDINANCE NO. 8 -108 The City Manager introduced the next item, a discussion of Health and Sanitation Ordinance No, 8 -108, At the July 24, 1978 City Council meeting a representative from Mrs, Jaycees requested Ordinance No, 8- 108,01 be amended to allow social or service agencies to prepare food in their home for sale at organization sponsored functions, The City Manager explained Mr, Tom Heenan, the City Sanitarian, was present at the Council meeting to comment on that request, Mr. Heenan explained two areas of concern. The two areas of concern were the possible health hazards and the question of equity, Mr. Heenan explained it was likely the homes of the Mrs. Jaycees did not present a hazard but he explained there are homes in Brooklyn Center which would be questionable in terms of health, Councilmember Kuefler asked how our ordinance compared with other municipalities on this question, Mr. Heenan replied Golden Valley, St, Louis Park, Brooklyn Park and Crystal had ordinances that were almost identical to Brooklyn Center's, When asked as to his professional opinion on the question, the City Sanitarian indicated it was his professional opinion, the ordinance be retained as is, The City Attorney suggested if it was the Council's wish to change the ordinance he would like to work on ordinance language other than "social or service agencies" with the City Sanitarian, Motion by Councilmember Fignar and seconded by Councilmember Kuefler to amend the present Health and Sanitation Ordinance No, 8- 108,01 with appropriate language as determined by the City Sanitarian and the City Attorney, Voting in 8 -14 -78 -18- favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, and Scotto Voting against: Councilmember Lhotka, The motion passed. COMMUNITY DEVELOPMENT BLOCK GRANTS The City Manager introduced the next item of business, a discussion of Community Development Block Grants. A brief discussion ensued concerning progress in a study of the feasibility of applying for Community Development Block Grants. The City Manager explained at the next Council meeting, a joint powers agreement with Hennepin County would be presented for the Council's review. TWIN LAKE BEACH The City Manager introduced the next item, a discussion on Twin Lake Beach. The City Manager explained a petition from the residents of the Beach apartment complaining about the activity at Twin Lake Beach had been received. Council- member Kuefler informed the Council the Park and Recreation Commission has scheduled a discussion on the Twin Lake Beach area for the August meeting of the Park and Recreation Commission. BENCH TRIALS WITHIN THE CITY OF BROOKLYN CENT The City Manager introduced the next item, a resolution requesting continuance of bench trials and arraignments of the Hennepin County Municipal Court in the City of Brooklyn Center. RESOLUTION NO, 78 -179 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION REQUESTING CONTINUANCE OF BENCH TRIALS AND ARRAIGNMENTS OF THE - HENNEPIN COUNTY MUNICIPAL COURT IN THE CITY OF BROOKLYN CENTER 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. SHADE TREE REMOVAL The City Manager introduced the next item, a recommendation to approve a resolution authorizing the purchase of the .removal of diseased shade trees. The City Manager explained the original contractor, initially hired by the City to remove diseased shade trees had had trouble and was not able to complete the task. The Director of Parks and Recreation explained the original contractor has had trouble with weather and certain employees and although the contractor was making a conscientiou., effort to comply with the original timetable, the contractor was behind in the work. It is recommended the City Council contract with another contractor to help complete the tree removal effort. The Director of Parks and Recreation indicated both contractors would work to complete the work on schedule. The City Manager recommended a contract for the purchase of diseased shade tree removal in the amount of $2,779.21 from Design Tree Service; .4300 Brookdale Drive, Brooklyn Park, Minnesota, be accepted. 8 -14 -78 -19- RESOLUTION NO, 78 -180 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF DISEASED SHADE TREE REMOVAL 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. DISCUSSION OF PURCHASE OF A NEW COMPRESSOR CHILLER The City Manager introduced the next item, a resolution authorizing the purchase of a new 60 ton reciprocating compressor chiller furnished and installed. It is recommended that the quotation of Palen- Kimball Company in the amount of $8,000 be accepted for the purchase of a 60 ton reciprocating compressor chiller furnished and installed complete. RESOLUTION NO. 78 -181 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF A NEW 60 TON RECIPROCATING COMPRESSOR CHILLER FURNISHED AND INSTALLED COMPLETE 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. QGENSES Motion by Councilmember Scott and seconded by Councilmember Kuefler to approve the following list of licenses: GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE Bautch Disposal Service 10264 Xylite St. N.E. MCS - Tarco of Minnesota 10041 Polk St. N.E. Viking Sanitation, Inc. P. 0. Box 12 844 ITINERANT FOOD ESTABLISHMENT LICENSE Citizen Band Serving People (CBSP) 411 24th Ave. N.E. (Holiday Inn) MECHANICAL SYSTEM'S LICENSE r Central Air Conditioning 1971 Senca Road Elster's Company 915 N. Citrus Ave. Home Heating & Air Conditioning 5211 Eden Road Midland Heating Co. 6442 Penn Ave. So. Pierce Refrigeration 1920 2nd Ave. So. 8 -14 -78 -20- NONPERISHABLE VENDING MACHINE LICENSE Richard Exsted Box 1, Bethel, MN Ground Round Restaurant 2545 Cty. Rd. 10 SIGN HANGER'S LICENSE Thomas Sign Co. Clearwater, MN TEMPORARY ON --SALE NONINTOXICATING LIQUOR LICENSE Brooklyn Center Jaycees 5321 Penn Ave. No. (Picnic - Kylawn Park) Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. ADJOURNMENT Motion by Councilmember Lhotka and seconded by Councilmember Fignar to adjourn the City Council meeting. Voting in favor: Mayor Nyquist, Council -- members Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion assed unanimously. The Brooklyn Center City Council meeting A Y Y adjourned at 11 :50 p.m. 6&zrz' - f_�Z� 0 , L City Clerk M V , I d 8 -14 -78 -21-