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HomeMy WebLinkAbout1977 01-03 CCM Regular Session MINUTES OF THE PROCEEDINGS OF T11E CITY COU 'T i, OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 3, 1977 CITY HALL Call to Order The Brooklyn Center City Council met in regular session (1976 Council) and was called to order by Mayor Philip Cohen at 7:35 p.m. Roll Call Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Also present were Councilman -elect Gene Lhotka, City Manager Donald Poss, Director of Public Works James Merila, City Attorney Richard Schieffer, Director of Finance Paul Holmlund, City Clerk Allen Lindman and Administrative Assistant Ronald Warren. Invocation The invocation was offered by Pastor Bubna of Northbrook Alliance Church. Approval of Minutes Motion by Councilman Jensen and seconded by 12 -20 -76 Councilman Kuefler to approve the minutes of the December 20, 1976 City Council meeting as submitted. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Departure Comments Mayor Cohen and Councilman Kuefler commented on the long and faithful service of Councilman Jensen as a member of the City Council and the Planning Commission. Councilman Jensen expressed his gratitude to the members of the City Council and staff, and also expressed his gratitude to the citizens of Brooklyn Center for their confidence in him as a member of the City Council. He briefly reflected on his term of office as a Councilman and the years he spent as a member of the Planning Commission. He stated that it was a satisfying and rewarding experience and that it was with mixed emotions that he leaves the City Council and also Brooklyn Center. Adjournment Motion by Councilman Jensen and seconded by (1976 Council) Councilman Fignar to adjourn the 1976 City Council. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. The 1976 City Council adjourned at 7 :42 p.m. Administer Oath City Clerk Allen Lindman administered the oath of office of Office to Councilman Gene Lhotka . Recess The Brooklyn Center City Council recessed at 7 :43 p.m. and resumed at 8 :22 p.m. Call to Order The 1977 City Council was called to order by Mayor (1977 Council) Philip Cohen at 8 :22 p.m. i -1- 1 -3 -77 Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Roll Call Lhotka. Also present were City Manager Donald Poss, Director of Public Works James Merila, City Attorney' Richard Schieffer, Director of Finance Paul Holmlund and Administrative Assistant Ronald Warren. The City Manager introduced the first item of business Selection of for the 1977 City Council, that of selecting a mayor pro Mayor Pro Tem tem to hold the office in the absence of the Mayor. He briefly reviewed Charter provisions relating to the selection of mayor pro tem and explained that the selection was traditionally made annually. Motion by Councilman Kuefler and seconded by Councilman Fignar to nominate Councilman Britts for mayor pro tem. Mayor Cohen called for further nominations, there being none a vote was taken on the motion to confirm Councilman Britts as mayor pro tem. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed. Councilman Britts abstained. Motion by Councilman Fignar and seconded by Mayoral Appointments Councilman Britts to confirm Mayor Cohen's reappoint- to the Planning ment of Robert Foreman to the Planning Commission for Commission a two year term effective January 1, 1977 to expire December 31 1978. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Motion by Councilman Britts and seconded by Councilman Lhotka to confirm Mayor Cohen's reappoint- ment of Cecilia Scott to the Planning Commission for a two year term effective January 1, 1 977 to expire December 31 , 1978. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Motion by Councilman Kuefler and seconded by Councilman Fignar to confirm Mayor Cohen's reappoint- ment of Deborah Jacobson to the Planning Commission for a two year term effective January 1 , 1977 to expire December 31 , 1978. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Motion by Councilman Britts and seconded by Councilman Lhotka to confirm Mayor Cohen's reappoint- ment of Harold Pierce to the Planning Commission for a two year term effective January 1, 1977 to expire December 31, 1978. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against none. The motion passed unanimously. Motion by Councilman Britts and seconded by Mayoral Appointments Councilman Kuefler to confirm Mayor Cohen's reappoint- to the Conservation . ment of Barbara Jensen to the Conservation Commission Commission for a three year term effective January 1, 1977 to expire December 31 , 1979. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. 1 -3 -77 -2- Motion by Councilman. Lhotka and seconded by Councilman Kuefler to confirm Mayor Cohen's reappoint- ment of Gary Livingston to the Conservation Commission for a three year term effective January 1, 1977 to expire December 31, 1979. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Mayor Cohen requested and Councilman Britts agreed to continue as City Council liaison to the Conservation Commission. Mayoral Appointments Motion by Councilman Britts and seconded by to the Human Rights Councilman Lhotka to confirm Mayor Cohen's reappoint- Commission ment of Al Weyrauch as Chairman of the Human Rights Commission for a three year term effective January 1, 1977 to expire December 31 , 1979. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Motion by Councilman Fignar and seconded by Councilman Kuefler to confirm Mayor Cohen's reappoint- ment of Joyce Tolve to the Human Rights Commission for a three year term effective January 1, 1977 to expire December 31, 1979. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Mayor Cohen next announced his appointment of Edith N. Johnson.. 3409 53rd Avenue North, to the Human Rights Commission and requested Council confirmation. He briefly reviewed Ms. Johnson's background and stated that she would be an asset to the Commission. Motion by Councilman Kuefler and seconded by Councilman Britts to confirm Mayor Cohen's appointment of Edith N. Johnson to the Human Rights Commission effective immediately for a term to expire December 31, 1978. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Mayor Cohen requested and Councilman Lhotka agreed to be the new City Council liaison to the Human Rights Commission, Mayoral Appointments Motion by Councilman Fignar and seconded by to the Park & Councilman Lhotka to confirm Mayor Cohen's reappoint- Recreation Commission ment of Margaret Whittaker to the Park and Recreation Commission representing Park Service Area IV for a three year term effective January 1, 1977 to expire December 31, 1979. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Motion by Councilman Kuefler and seconded by Councilman Lhotka to confirm Mayor Cohen's reappoint- ment of Leahnell Hickman to the Park and Recreation Commission representing Park Service Area II for a three year term effective January .1 , 1977 to expire December 31, 1979. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. -3- 1 -3 -77 Mayor Cohen requested and Councilman Kuefler agreed to continue as City Council liaison to the Park and Recreation Commission. Motion by Councilman Fignar and seconded by Mayoral Appointments Councilman Kuefler to confirm Mayor Cohen's reappoint- to the Housing ment of Lou Howard as Chairman of the Housing Commission Commission for a three year term effective January 1 , 1977 to expire December 31, 1979. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Motion by Councilman Britts and seconded by Councilman Lhotka to confirm Mayor Cohen's reappoint- ment of Ray Haroldson to the Housing Commission representing the northeast neighborhood for a three year term effective January 1, 1977 to expire December 31, 1979. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Mayor Cohen requested and Councilman Fignar agreed to continue as City Council liaison to the Housing Commission. Councilman Fignar commented as to the present vacancies on the Housing Commission. He noted that there are vacancies from the central neighborhood and the south- west neighborhood, and that hopefully recommendations to fill these vacancies would be forthcoming at the next City Council meeting. Motion by Councilman Britts and seconded by Mayoral Appointment Councilman Lhotka to confirm Mayor Cohen's appointment of the Weed Inspector of Allen Lindman as Weed Inspector for the year 1977. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. The City Manager introduced the next item of business Designating Official on the agenda, that of designating the official City City Newspaper newspaper. He stated that the City is required yearly to designate an official newspaper for the publishing of all required legal notices. He explained that the Brooklyn Center Post was the official City news paper during 1976. Councilman Kuefler commented that a year ago, when the Council was considering the designation of an official City newspaper, Councilman Britts raised a number of questions regarding the amount of exposure and coverage City notices get in the Brooklyn Center Post. He added that Councilman Britts had also raised questions regard- ing the completeness and accuracy of some of the articles that appeared in the Post relating to Council deliberations. IIe explained that at that time the question of an official City newspaper was researched extensively and it was agreed that it would be best, and less expensive, to have the Post be the official newspaper rather than the Minneapolis Star or Tribune. Councilman Kuefler then stated his opinion that the problem of accuracy and the amount of coverage is still with us. He explained that he was of the opinion that the citizens of Brooklyn Center are not receiving full and accurate information regarding 1 -3--77 -4- City Council deliberation and that this might be related, in part, to the circulation of the Brooklyn Center Post. He distributed and referred to a copy of State Statutes relating to the designation of official newspapers and pointed out that official newspapers must circulate at least 500 copies regularly to paying customers in or near the municipality that the newspaper purports to serve and that at least 50% of an official newspaper's news columns must be devoted to news of local interest to the community. Councilman Kuefler stated that the Post should be made aware of, and conform to these criteria, if it is to be designated as the official City newspaper. Councilman Lhotka stated that during his campaign for City Council he became aware of many people's feelings that there is a lack of information and that they do not know what is going on within their local govern- . ment . Mayor Cohen requested and Councilman Kuefler agreed to further review and discuss his points of concern with members of Post Publications to establish if the Brooklyn Center Post conforms to the State law. Councilman Britts stated that he had brought this matter up a year ago and that it was researched by the City Manager. He explained that at that time it was agreed that the amount of coverage would not be increased by designating another official newspaper and that the costs would also be prohibitive. He added that there are not many alternatives for publishing legal notices, either the Brooklyn Center Post or a publication out of City Hall. Councilman Britts stated that he would oppose a City Hall type of publication. Councilman Fignar stated that if it is determined that the Post does not meet the statutory criteria, then the Council should encourage other publications, such as the Sun for possible future designation as the official City newspaper. A brief discussion ensued relative to the designation of an official City newspaper with the City Manager responding to Council inquiries by explaining that it is desirable that an official newspaper be designated this evening, because to not do so would defer the City from publishing required notices and in turn delay the application of these notices. He added that the City Council does not have to irrevocably designate an official newspaper for the entire calendar year if it does not desire to do so. Further discussion ensued relative to the possibility of designating an official newspaper at this evening's meeting subject to a redesignation following further Council review. Councilman Britts inquired of the City Attorney as to the legal implications of revoking such a designation. The City Attorney requested 20 to 30 minutes to further review the State Statutes for a report later in the meeting. -5- 1 -3 -77 It was the consensus of the Council to defer further consideration of an official City newspaper until later in the meeting following the City Attorney's review and report. Member Bill Fignar introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -1 RESOLUTION DESIGNATING REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES The motion for the adoption of the foregoing resolution was duly seconded by member Maurice Britts, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Maurice Britts introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -2 RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member.Tony Kuefler introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -3 RESOLUTION DESIGNATING DIRECTOR TO THE SUBURBAN SANITARY DISPOSAL AUTHORITY The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken g a en thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced the next item of business Designating City on the agenda, that of consideration of the designation Depositories of various financial institutions as official depositories for the City. He stated that the 10 institutions so desig- nated in 1976 are recommended for designation in 1977. He explained that these designated financial institutions are used for obtaining competitive quotations for pur- chasing government securities and other short term investments. He further explained that the Brooklyn Center State Bank is the only bank of the ten that the City has a checking acount in which deposits of any significance are made. 1-3-77 -6- The Director of Finance briefly explained the methods and procedures for purchasing securities and other short term investments. Councilman Fignar inquired if, as a general rule, savings and loan institutions pay a better return on an investment. The Director of Finance responded that they do at this time. Councilman Fignar explained that the Housing Commission had recently been reviewing HRA depositories and that they are concerned that many are not participating lending institutions in various Minnesota Housing Finance Agency programs. He stated that there is only one savings and loan institution; located in Stillwater, Minnesota, that is a participating financial institution and that the remainder are full service banks. He further stated that this has left the Commission in somewhat of a dilemma in that they would like to see participating institutions designated as depositories, but under- stand that the return on the investment may not be as great. He commented that the Housing Commission would like the HRA to do business with participating banks if it is a viable alternative. He added that the Commission will be reviewing the matter further to make a recommendation relating to HRA depositories. The Director of Finance responded that three out of the ten recommended City depositories are participating lending institutions. He stated his opinion that it would not be a viable alternative to do business with an institution located in Stillwater. He further stated that he has conversed with other savings and loan institutions that have indicated that they do not participate in the Minnesota Housing Finance Agency programs because they feel the amount of paperwork involved does not make it worth their time and effort. The Director of Finance further commented that the Brooklyn Center State Bank will be discussing the possibility of participating in these MHFA programs at their annual meeting to be held later this month. Further discussion ensued relative to City depositories with Mayor Cohen commenting that the Council should indicate to all of these banks that we are cognizant of the problems associated with participating in these programs, but that the Council would like very much to see these banks involved in MHFA programs to make ahem more available to the local citizenry. Councilman Fignar stated that perhaps the inconvenience of the Stillwater institution was offset by the principle involved. RESOLUTION Member Bill Fignar introduced the following resolution NO. 77 -4 and moved its adoption: RESOLUTION DESIGNATING THE BROOKLYN CENTER STATE BANK A DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. - -7- 1 -3 -77 Member Tony Kuefler introduced the following resolution RESOLUTION and moved its adoption: NCO. 77 -5 RESOLUTION DESIGNATING THE FIRST NATIONAL BANK OF MINNEAPOLIS A DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Gene Lhotka introduced the following resolution RESOLUTION and moved its adoption: NO, 77 -6 RESOLUTION DESIGNATING THE MARQUETTE NATIONAL BANK A DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution Was duly econded b member Maurice Britts and upon Y Y p vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Maurice Britts introduced the following resolution RESOLUTION and moved its adoption: NO. 77-7 RESOLUTION DESIGNATING THE FIRST PLYMOUTH NATIONAL BANK A DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Gene Lhotka introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -8 RESOLUTION DESIGNATING THE FIDELITY BANK AND TRUST COMPANY A DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Maurice Britts introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -9 RESOLUTION DESIGNATING THE CAMDEN NORTHWESTERN STATE BANK A DEPOSITORY OF CITY FUNDS 1-3 -77 -8- The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 77 -10 and moved its adoption: RESOLUTION DESIGNATING THE HOME FEDERAL SAVINGS AND LOAN ASSOCIATION A DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Gene Lhotka introduced the following NO. 77 -11 resolution and moved its adoption: RESOLUTION DESIGNATING THE MIDWEST FEDERAL SAVINGS AND LOAN ASSOCIATION A DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Maurice Britts introduced the following NO. 77 -12 resolution and moved its adoption: RESOLUTION DESIGNATING THE TWIN CITY FEDERAL SAVINGS AND LOAN ASSOCIATION A DEPOSITORY OF CITY FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 77 -13 and moved its adoption: RESOLUTION DESIGNATING THE HENNEPIN FEDERAL . SAVINGS AND LOAN ASSOCIATION A DEPOSITORY OF CITY FUNDS -9- 1 -3 -77 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Tony Kuefler introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -14 RESOLUTION PERTAINING TO TECHNICAL AND ENGINEERING ASSISTANCE AGREEMENT WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Gene Lhotka introduced the following ordinance ORDINANCE and moved its adoption: NO. 77 -1 AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY ORDINANCES RELATIVE TO VACATION LEAVE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1 . Section 17-111, No. I is hereby amended to read as follows: 1. Amount. Permanent employees shall earn vacation leave at the rate of five - sixths of one working day for each calendar month of full -time service or major fraction thereof. Permanent employees with five consecutive years of service through ten consecutive years of service shall earn vacation leave at the rate of fifteen working days per year (1 -1/4 days per month.) [one and one -fourth working days for each calendar month of full -time service or major fraction thereof. Employees with fifteen consecu- tive years of service shall earn vacation leave at the rate of one and two- thirds working days for each calendar month of full -time service or major fraction thereof.] Permanent employees with more than ten consecutive years of service shall earn vacation leave according to the following schedule: During I.Ith year of service 16 working days per year (1 -1/3 days /mo.) During 12th year of service 17 working days per year (1 -5/12 days /mo.) Durinci 13th year of service 18 working days per year (1 -1/2 days /mo.) Durinq 14th year of service 19 working days per year (1 -7/12 days /mo.) During 15th year of service 20 working days per year (1 -2/3 days /mo.) Employees using earned vacation leave or sick leave shall be considered to be working for the purpose of accumulating additional vacation leave. 1 -3 - - -10- Councilman Britts further inquired as to the need for noise abatement barriers if the freeway was to be depressed. Mr. Paine responded that depressing the freeway does not eliminate the need for noise abatement barriers. Duane Brown commented that the freeway is to be depressed as.much as it can be and explained that if there was no depression, noise abatement vralls would have to be from 35 to 40 feet high in order to effectively screen the noise. Further discussion ensued relative to the preliminary freeway plans Mayor Cohen commented that there still are some individual or minor problems that he hoped the Minnesota Department of Transportation could resolve. He further commented that it does not seem practical to attempt to gain a variance from noise abatement standards because an adequate case for such a variance could not be made. In response to an inquiry by Mayor Cohen, Duane Brown stated that the final plans for the north /south leg of FI -94 should be ready for final approval by the City Council in approximately one year. RESOLUTION Member Philip Cohen introduced the following resolution NO. 77 -104 and moved its adoption: RESOLUTION APPROVING PRELIMINARY PLANS FOR THE IMPROVEMENT OF T.H. 94 FROM 53RD AVENUE NORTH TO CAMDEN COURT The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen and Gene Lhotka; and the following voted against the same: Maurice Britts, whereupon said resolution was declared duly passed and adopted. Recess The Brooklyn Center City Council recessed at 10:21 p.m. and resumed at 10:40 p.m. RESOLUTION Member Maurice Britts introduced the following resolution NO. 77 -105 and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (DEEP WELL IMPROVEMENT PROJECT NO. 1976 -5 - FURNISHING AND INSTALLING DEEP WELL TURBINE PUMP AND ELECTRIC MOTOR FOR WELL NO. 8) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, and Gene Lhotka and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Electrical The City Manager reported that in conjunction with the Engineering Fees installation of the deep well turbine pump and electric motor for well No. 8, there is also a need for designing the complex electrical system. He explained that the City does not possess the in- house capability to design such an electrical system and recommended that the City Council authorize him to retain a registered elec- trical engineer for this design work. He stated that the cost for designing this system would not exceed $2,500. -11- 5 -23 -77 Following a'brief discussion there was a i.,'Dtion by Action Authorizing Councilman Britts and seconded by Councilman Lhotka the Contracting for to authorize the City Manager to retain a rogistered Electrical Engineering electrical engineer in an amount not to exceed $2,500 Services for the design of an electrical system for deep well No. 8, Voting in favor: Mayor Cohen, Councilmen Britts and Lhotka. Voting against: none. The motion passed ' unanimously. Member Gene Lhotka introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -106 RESOLUTION AUTHORIZING PARTICIPATION IN GROUP HEALTH PLAN, INC. The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Councilman Britts abstained to avoid any inference or appearance of a conflict of interest, as his wife is , emploved by Group Health. The City Manager introduced the next item of business Employee on the agenda, that of a resolution recommended for the Assistance purpose of authorizing the City's participation in an Program employee assistance program designed to deal with employee personal problems such as alcoholism, drug dependency, emotional problems, and a whole range of , other human relations problems. He stated that the State of Minnesota, through Hennepin County, is prepared to provide financial subsidies to encourage employers to participate in an employee assistance program: He explained that the theory of the Legislature in adopting his legislation is that these types of personal problems may adversely affect an employee's ability to function effectively on the job and that by providing a program designed to diagnose these problems can possibly help rectify the problems and, thus, permit an employer to retain an otherwise productive and useful employee. The City Manager reported that there are a number of vendors that supply this type of service and stated that the Metropolitan Clinic of Counseling in St. Louis Park would be utilized by the City if this program is instituted. He. further stated that to be effective this program will have to be well publicized among employees and will also require the training' of supervisors to recognize the _ - possible problems and make suggestions for possible diagnostic or counseling help. He added that supervisors must be trained well enough to make a decision regarding whether or not employee problems are of a disciplinary nature or are ones that may need some type of counseling or other assistance. I' A brief discussion ensued relative to the proposed employee assistance program. Councilman Lhotka requested, for- informational purposes, a summary of clinics or agencies that provide the diagnostic services.. Councilman Britts requested information regarding typical agencies that employees might be referred to by the diagnostic vendor. 5 -23 -77 -12- OFF -SA NO LI UO LICENSE Brookdale Super Valu 5801 Xerxes Ave. N. Rog & Jim's Superette 6912 Brooklyn Blvd. Zayre Shopper's City 3600 63rd Ave. N. ON -SALE NONINTOXICATING LIQUOR LICENSE Pizza Factory 6816 Humboldt Ave. N. POOL & BILLIARD TABLE LICENSE Theisen Vending Co. 3804 Nicollet Ave. N. Nino's Steak Round -up 6040 Earle Brown Dr. Voting in favor: Mayor Cohen, Councilmen Britts, i Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Designating Official The City Attorney reported that he had reviewed the Newspaper State Statute relating to designating official newspapers. He explained that in all likelihood the Post was designated as the official newspaper for Brooklyn Center in 1976 and, therefore, the designation would expire, thus causing a need for a designation this evening if the City is to publish notices that are legally required to be published. He added that he found nothing in the statute that would prohibit the Council from designating an official newspaper this evening with the condition that it may be changed if the Council sees fit to do so. Action Designating Following a brief discussion there was a motion by Official Newspaper Councilman Fignar and seconded by Councilman Kuefler to designate the Brooklyn Center Post as the official City newspaper until such time as this designation may be changed by the City Council. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Adjournment Motion by Councilman Fignar and seconded by Councilman Kuefler to adjourn the meeting. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9 :25 p.m. F Clerk Mayor -13- 1 -3 -77