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HomeMy WebLinkAbout1977 03-28 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 MARCH 28, 1977 CITY HALL Call to Order The Brooklyn Center City Council met in regular session and was called to order by Mayor Philip Cohen at 7:30 p.m. Roll Call Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Also present were City Manager Donald Poss, Director of Public Works James Merila, City Attorney Richard Sch.ieffer, Director of Finance Paul Holmlund, Director of Planning and Inspection Blair Tremere, and Administrative Assistants Brad Hoffman and Ronald Warren. Invocation The invocation was offered by Pastor Carl Groettum of the Cross of Glory Church. Approval of Minutes Motion by Councilman Lhotka and seconded by 3 -14 -77 Councilman Fignar to approve the minutes of the March 14, 1977 City Council meeting as submitted. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka`. Voting against: none. The motion passed. Councilman Britts abstained as he was not at that meeting. Kaleidoscope The City Manager introduced Jan Noonan, Co- chairperson Presentation for B. C. Kaleidoscope '77. Mrs. Noonan announced that Brooklyn Center Community Education is again sponsoring a Kaleidoscope event to be held on April 24, 1977 at Brooklyn Center High School. She introduced Henry Dorff, June Scofield, Tom Sollberger and Mary Ellen Vetter, members of the Kaleidoscope Committee who were in attendance this evening to seek the support of the City Council for B. C. Kaleidoscope '77. She added that the committee is seeking three things from the City Council regarding the event: City participation, a resolution proclaiming April 24, 1977 as Kaleidoscope day in Brooklyn Center, and financial assistance. Mayor Cohen inquired if the committee had contacted the City Manager regarding financial contributions, to which Mr. Dorff responded in the negative. The City Manager commented that plans are being developed for various City display booths at Kaleidoscope. He added that the City, by law, is prohibited from making contributions or donations, but that it is expected that an agreement can be made whereby the City would be billed for its participation in Kaleidoscope. Following a brief discussion members of the Kaleidoscope Committee distributed Kaleidoscope buttons to members of the City Council. RESOLUTION Member Bill Fignar introduced the following resolution NO. 77 -46 and moved its adoption: r -1- 3 -28 -77 RESOLUTION SUPPORTING AND DECLARING APRIL 24 1977 AS BC KALEIDOSCOPE '77 DAY 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. Councilman Lhotka announced that Wednesday, Legislative Day March 30, 1977 is Legislative Day at the State Capitol. He explained that Brooklyn Center Community Education will have a display booth at the event and is inviting members of the City Council and the citizens of Brooklyn Center to attend. Motion by Councilman Kuefler and seconded by Park Service Area Councilman Lhotka to accept the resignations of the Resignations following Park Service Area Committee members and direct the City Manager to prepare resolutions of commendation: Mary Andreen, Park Service Area III; Jan Thunell, Park Service Area III; Bruce Anderson, Park Service Area IV; Joe Hill, Park Service Area IV; Yvonne Quady, Park Service Area V. 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 Park Service Area Councilman Britts to confirm Mayor Cohen's appointment Appointments of the following Park Service Area Committee members: Park Service Area I James Boone 5446 Humboldt Avenue North Gerald Olejar 2406 55th Avenue North Alfred Magnuson 5907 Colfax Avenue North David Larson 5537 Camden Avenue North Park Service Area II Clayton Ditty 7131 Knox Avenue North Bob Oberstar 7243 Emerson Avenue North Mary Ulm 700 8 Oliver Avenue North Dorothy Boman 6419 Dupont Avenue North Chuck Abrams 7218 Newton Avenue North 3 -28 -77 -2- Park Service Area III Ernie Johnson 5419 67th Avenue North Jim Knight 7107 Palmer Lake Road George Olzenak 6942 Ewing Avenue North Richard Mika 4806 69th Avenue North Nancy Lotthammer 6806 Scott Avenue North Park Service Area IV Brian Mortenson 4612 65th Avenue North Harriet Markeson 5918 Upton Avenue North Janet Reardon 2713 63rd Avenue North Park Servic Area V Jeanette Baker 5012 Abbott Avenue North Terrance Mitchell 3825 58th Avenue North Diane Schake 4740 Twin Lake Avenue Jerry Evans 5049 Brooklyn Boulevard Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka . Voting against: none. The motion passed unanimously. Performance Bond The City Manager introduced the next item of business Release (F. B. S. on the agenda, that of a recommendation that the City Financial Corporation) Council authorize release of a $1 , 000 site performance cash escrow posted by F. B. S. Financial Corporation for site upgrading improvements at the former Kennedy & Cohen building. He explained that the cash escrow was posted by F. B. S. on behalf of the J. Y. J. Company on October 18, 1976 to assure various site improvements at that location to be undertaken during the spring and summer construction season of 1977. He added that J. Y. J. Company had ceased its business operation at that site prior to January 1 , 1977, and because of this the improvements will not be undertaken. Motion by Councilman Fignar and seconded by Councilman Britts to authorize release of a $1,000 site performance bond posted by F. B. S Financial Corporation on behalf of J. Y. J. Company for site upgrading improvements at the former Kennedy & Cohen building. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. -3- 3 -28 -77 Motion by Councilman Kuefler and seconded by Subdivision Bond Councilman Lhotka to authorize the release of a $725 Release (Bobendrier's subdivision bond posted on behalf of Bobendrier's Third Addition) Third Addition on the basis that obligations guaranteed by that bond have been satisfied. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Member Bill Fignar introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -47 RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DR. R. I. SHRAGG 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. Mayor Cohen requested the City Manager to invite Dr. R. I. Shragg to the April 11 , 1977 City Council meeting so that this resolution of commendation could be formally presented to Dr. Shragg. Member Tony Kuefler introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -48` RESOLUTION ACKNOWLEDGING WITHDRAWAL OF PLANNING COMMISSION APPLICATION NO. 77007 SUBMITTED BY MR. TWIG LEININGER 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 Bill Fignar introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -49 RESOLUTION ACCEPTING BIDS FOR ONE AGGREGATE SPREADER 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 Gene Lhotka introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -50 RESOLUTION REJECTING BIDS FOR LINE STRIPING MACHINE 3 -28 -77 -4- 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 -51 and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF TRAFFIC MARKING PAINT 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. Planning Commission The City Manager introduced the next item'of business, Application No. 77001 that of Planning Commission Application No. 77001 (Richard Rockstad) submitted by Richard Rockstad. The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 77001 and the Planning Commission action at its January 27, March 10, and March 24, 1977 meetings. He stated that the applicant requests rezoning, from R -5 (multiple residence) to C -1 (service /office /commercial), of the property at the northeast corner of 70th and Brooklyn Boulevard. He explained that the property consisted of two parcels, 7000 and 7006 Brooklyn Boulevard, with the parcel to the north presently containing a single family dwelling which until approximately two years ago was occupied by the applicant's real estate firm. He further explained that the structure has recently been rented as a residence and that the applicant proposes to remove the existing structure and erect an office building. He added that a public hearing was held at the January 27 Planning Commission meeting at which time the residents of 7014 Brooklyn Boulevard and 7015 Kyle Avenue North had voiced objection to the rezoning request. He explained that the Planning Commission after a brief review of the application had tabled the matter and referred it to the Northwest Neighborhood Advisory Group for review and comment. The Director of Planning and Inspection stated that the Planning Commission had again considered this application on March 10, 1977 at which time a public hearing was held and the Northwest Neighborhood Advisory Group's recommendation was considered. He reported that a lengthy discussion regarding this rezoning request had taken place at that time concerning whether or not the proposal was consistent with the Comprehensive Plan, whether the request represents spot zoning, whether the proposed land use represents the highest and best use for the land, and whether the proposal is consistent with the best interests of the community. He stated that the Northwest Neighborhood Advisory Group had submitted a written report and -5- 3 -28 -77 recommended that the present zoning be retained. He reported that the applicant had claimed that the area was flexible for either office or apartment uses and that the R -5 and C -1 zoning were compatible. He further claimed that in his opinion each of the other R -5 parcels containing nonconforming uses was large enough to support small but viable C -1 developments. He, stated that the Planning Commission felt that a formal deter- mination of whether C -1 zoning was the best use of this area was premature and that further analysis of the Comprehensive Plan would have to be done prior to any recommendation for rezoning. He explained that the Planning Commission had offered the applicant the option of either tabling the application to allow adequate time to review the Comprehensive Plan and related matters, or to direct a draft resolution recommending immediate disposition to the City Council. He stated that the applicant, Mr. Rockstad, preferred that the matter be referred to the City Council as soon as possible. The Director of Planning and Inspection stated that the Planning Commission at its March 24, 1977 meeting had considered a draft resolution recommending denial of Application No. 77001 and had formally adopted it for consideration by the City Council. He noted that the applicant had submitted a petition that had been circulated among the property owners within 350 feet of the property which contained 22 validated signatures representing 22 individual properties that were in favor of, or saw no objection to, the rezoning request. The Director of Planning and Inspection next reviewed transparencies showing the location and configuration of the property in question, pointing out the current zoning for neighboring properties. He also reviewed various slides showing pictorial layout of the area. A lengthy discussion ensued relative to the slides and the transparencies with the Director of Planning and Inspection commenting to various questions regarding the zoning of property south of the old City Hall to 70th and Brooklyn Boulevard. The Director of Planning and Inspection noted that the Planning Commission had recommended denial of this application because of "spot zoning" aspects, neighboring property owners were not in favor of the rezoning, the Northwest Neighborhood Advisory Group had submitted a written recommendation that the present rezoning be retained, that the proposal is not consistent with the Comprehensive Plan and that the Planning Commission had not had an opportunity to thoroughly review the Comprehensive Plan and zoning for this area subsequent to a recommendation for C -1 zoning for a larger area Mayor Cohen recognized the applicant, Mr. Richard Rockstad, who showed the City Council an artist's conception of the type of office building he would like to build on the property. He stated that the property was best suited for a small office building and could be developed within ordinance standards and would be com- patible with the area. He added that he had bought the property approximately ten years ago with this in mind. Mr. Rockstad further stated that he has spoken with Father Dowd of St. Alphonsus Church, which owns much of the land east of the property in question. He stated 3 -28 -77 -6- that Father Dowd was not opposed to the rezoning and had stated that the proposed use might well be an improvement to the area. Councilman Kuefler .inquired if the property, with the proposed building, would support adequate parking. The Director of Planning and Inspection responded that three drawings have been seen thus far and that only one of these drawings indicated a configuration which would permit space for required parking. Councilman Fignar inquired if there was a difference between the permitted height of a building in an R -5 zone and a C -1 zone. The Director of Planning and Inspection responded that three stories are the maximum height for buildings in both zones. Public Hearing Mayor Cohen opened the meeting to notified property owners and recognized Mrs. Hagen, 7015 Kyle Avenue North, who stated that she opposed the rezoning for the same reasons she had expressed before the Planning Commission, that being that she felt her residential property value would be adversely affected. She added that it was her opinion that the request represented "spot zoning" and that she preferred the property remain R -5 She commented that Mr. Baumeister, 7014 Brooklyn Boulevard, who was out of town and unable to attend this evening's meeting, feels the same way. Councilman Fignar inquired of Mrs. Hagen if she would object if apartments were built on this property. Mrs. Hagen responded that she would not object, nor would Mr. Baumeister. Mayor Cohen stated that it would be inappropriate to accept Mr. Baumeister's comments; other than those already in the record. He added that Mr. Baumeister could submit a letter expressing additional concerns or comments that would be considered. Mayor Cohen then read a letter from the Northwest Neighborhood Advisory Committee indicating that group's recommendation that the present zoning (R -5) be retained. Mayor Cohen stated that he would like to see the Council review the Comprehensive Plan more closely and that it was his recollection that the Plan addresses R -5 and C -1 zones as being quite similar and com- patible. He added that the old City Hall is zoned R -5 but that the upcoming use of the building by CEAP is more of a C -1 type use. The Director of Planning and Inspection responded that the Comprehensive Plan speaks of the similarity of R -5 and C -1 zones for planned development areas and that the Planning Commission was not opposed to C -1 type uses in this area but would want to look at the entire area for possible rezoning rather than just the two parcels requested by the applicant. He added that the applicant had expressed his desire to pursue the application on its own merits Close Public Following further discussion there was a motion by -Hearing Councilman Lhotka and seconded by Councilman Fignar to close the public hearing with the understanding that questions could be put forth to the applicant and Mrs. Hagen if the need arises during the Council's -7- 3 -28 -77 deliberation. - Voting in favor: Mayor Cohen, Councilmen Britts Kuefler, Fignar, and Lhotka Voting against: none. The motion passed unani- mously. A lengthy discussion ensued relative to the application with Councilman Kuefler expressing the opinion that this area might be more conducive to C -1 rather than R -5 zoning. Councilman Fignar stated that there was merit to the applicant's C -1 rezoning request and inquired of the City Attorney as to the proper manner for the City Council to proceed to consider such a rezoning request and avoid the "spot zoning" dilemna. The City Attorney responded that it would not be considered "spot zoning" to rezone an area recommended for a particular zoning by the City's Comprehensive Plan. He stated that in this case it would be proper to conduct a study to determine whether C -1 zoning was proper. If such a study so indicated, the Comprehensive Plan could be amended and the City Council could proceed to rezone the property. In response to an inquiry by Councilman Lhotka the Director of Planning and Inspection stated that there is no documented evidence that would indicate that C -1 zoning would decrease the value of surrounding residential property. Councilman Fignar stated the opinion that C -1 , service /office building type uses are generally more compatible to surrounding R -1 properties than are the R -5 type apartment uses. He added that apartments often have a more disrupting effect on a single family residential neighborhood than an office building with normal 9 5 hours. Mayor Cohen cautioned that any subsequent rezoning action should be undertaken in a proper manner based on a finding of facts. He added that even though the Comprehensive Plan must be reviewed within the next few years, the City cannot stand still and not address problems of this nature. He recommended that there be more study of the matter to see` if there is a valid basis for recommending an amendment to the Comprehensive Plan. Councilman Britts `commented relative to several problems related to rezoning in this area and also urged careful study prior to proceeding. The City Manager stated that if the City Council 'sees the proposed development as an asset and deserving of more study, then alternatives for implementing the con- cepts can be looked at. He added that the Council should also determine if the proposal is beneficial to the community as a whole as well. Councilman Fignar stated that he would like to see options developed within a reasonable time period. The City Manager commented that such options could be before the City Council within four weeks. Following further discussion there was a motion by Action Continuing Councilman Fignar and seconded by Councilman Kuefler Planning Commission to continue Planning Commission Application No. 77001 Application No. 77001 on the basis that the proposal would be beneficial to the and Requesting Further area and the community and to direct the preparation of Review and Study options for implementing the proposal. Voting in favor: i Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka . Voting against: none. The motion passed unanimously. 3 -28 -77 -8- Recess The Brooklyn Center City Council recessed at 9:.10 p.m. and resumed at 9 :30 p.m. Liquor License The next. item of business was consideration of a request (Cicero's) by Cicero's Restaurant, 5717 Xerxes Avenue North, for an on sale intoxicating liquor license and a Sunday on sale intoxicating liquor license. The City Manager introduced the item by reporting that the police department has completed an investigation of the principals involved in the application and that a copy of that report has been submitted to the City Council. He stated that other requisites to the issuance of a liquor license have been met by the applicant. He further stated that on the basis of the background investigation and personal observations of the past management operations at Cicero's, it is recommended that the City Council authorize the issuance of the liquor licenses. Mayor Cohen recognized Mr. Belknap, representing Cicero's Restaurant. Mr. Belknap stated that Cicero's looks at its operation as that of a family type restaurant and not as a bar business. He explained that Cicero's does not plan to have a bar in the normal sense of the word and that there would be no area with bar stools, etc. for serving intoxicating liquor. He added that patrons would be served at tables if they desire alcoholic beverages. Mr. Belknap stated that in other similar operations, such as in Toronto, Canada, where intoxicating liquor is served, only about 12% of sales is made up of liquor, wine and beer. He added that Cicero's is seeking the intoxicating licenses in an effort to move toward becoming a full service, moderate price, family restaurant, and that liquor will be used only to stimulate the restaurant aspect of the business Mayor Cohen complimented the Cicero's operation as being a credit to the community. He inquired of Mr. Belknap if Cicero's was aware of the potential liquor related problems that might arise because they tend to attract a younger clientele. Mr. Belknap responded that he was well aware of the potential problems and reviewed Cicero's present policy regarding their sale of nonintoxicating malt liquor. He stated that Cicero's strictly abides by the requirements of the City ordinance and they do not serve individuals that do not have proper identification. He added that it is also Cicero's policy to not serve alcoholic beverages to a group of persons if one of that group fails to produce proper identification. In response to an inquiry by Councilman Kuefler, Mr. Belknap stated that management of Cicero's is pleased with their business and plans to continue its operation for some time. He reiterated that they are in the restaurant business primarily and that the liquor business would only be a secondary aspect to the entire operation. -9- 3 -28 -77 v t Following a brief discussion there was a motion by Action Authorizing Councilman Britts and seconded by Councilman Lhotka the Issuance of a to authorize the issuance of an on sale intoxicating Liquor. License liquor license to Cicero's Restaurant, 5717 Xerxes Avenue North. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, ar.d Lhotka. Voting against: none. ` The motion passed unanimously. Motion by Councilman Fignar and seconded by Action Authorizing Councilman Kuefler to authorize the issuance of an on the Issuance of a sale intoxicating Sunday liquor license to Cicero's Sunday Liquor License Restaurant, 5717 Xerxes Avenue North. 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, Planning Commission that of Planning Commission Application No. 77009 Application No. 77009 submitted by Roger Lange. He stated that this appli- (Roger Lange) cation was originally considered by the City Council at its February 28, 1977 meeting and tabled for additional information. He further stated that the additional information was provided to the Council at its meeting of March 14, 1977 but the applicant requested a continuation to this evening's meeting in order to com- plete tentative lease arrangements required by the City Council as a prerequisite to consideration of the matter. He explained that the City has instituted written com- munication with Mr. Lange regarding the Council's request for a tentative lease arrangement information but has received no written or verbal contact from Mr. Lange. He further explained that Mr. Lange was contacted by phone this evening and that he had stated he forgot about the meeting and asked for a continuation. The City Manager reported that Mr. Lange had also informed him that he is prepared to present a letter of intent regarding the lease. The City Manager stated that Mr. Zitzloff, owner of the building at 4321 68th Avenue North, is present and will respond to Council questions regarding his knowledge of the application., Mayor Cohen recognizes' Mr. Zitzloff who commented relative to Mr. Lange's proposal. He stated that Mr. Lange had assured him that the operation was geared primarily for sales, although there would be a recreation, center on the site. He further stated that he was a little leery of the operation but felt that if the City Council would give its approval he would not object. Mr. Zitzloff added that he is somewhat disturbed that Mr. Lange does not seem to be interested enough to be at this evening's Council meeting, Mayor Cohen pointed' out the City Council's apprehension regarding the proposed application in that Mr. Lange had not given the City staff and the Planning Commission a full disclosure regarding his similar operation in Fridley. The Mayor added that the City had experienced a number of problems with another recreation center that was operated in the Humboldt Square Shopping Center approximately two years ago. He further stated that there have been successful recreation centers operated in the City primarily due to an effective management technique. The Mayor commented that he was quite dis- turbed because of Mr. Lange's failure to appear at this evening's meeting. 3-28-77 -10- Mr. Zitzloff stated that he has checked Mr. Lange's references and that they seem to be in order. He further stated that he understands the City Council's concern over the manner in which the applicant has dealt with the Council and also the problems associated with the applicant's proposal. He added that whatever action the City Council decides to take will be acceptable to him. In response to an inquiry by Councilman Lhotka, Mr. Zitzloff stated that he was prepared to offer Mr. Lange a one year lease. Mayor Cohen inquired if the City Council could dispose of this applicant this evening or if it should be held over. The City Manager responded that certain dis- courtesies have been displayed by the applicant which may seem to indicate the applicant's intent. He commented that the Council has received all of the documentation requested except for a finalized lease arrangement and could take action if it so desired. He recommended that any Council action be in the form of a resolution. Councilman Lhotka suggested continuing the application for another two weeks, stating that he would like_the opportunity to confront the applicant. Action Continuing Following a brief discussion there was a motion by Planning Commission Councilman Britts and seconded by Councilman Lhotka Application No. 77009 to continue Planning Commission Application No. 77009 (Roger Lange) submitted by Roger Lange until April 11 , 1977 at the request of the applicant, noting that the applicant had failed to appear and had failed to produce the infor mation requested by the City Council. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none.- The motion passed unanimously. Amendment to Park The City Manager introduced the next item of business, and Recreation that of a resolution recommended for the purpose of Commission Resolution amending the Park and 'Recreation Commission resolution (Resolution No. 73 -25) to eliminate the annual appoint- ment procedure for Park Service Area Committee members presently contained in that resolution. He briefly reviewed the makeup, duties and responsibilities, and the appointment procedures of the Park Service Area Committee members. He stated that in addition to the burdensome amount of record keeping associated with these appointments, it is no easy task to secure members to serve on these area committees and that a fixed term has the effect of inviting service termination. He further stated that the effect of the resolution would be to make appointments for an indefinite term at the discretion and pleasure of the Mayor. A lengthy discussion ensued relative to the resolution with Councilman Britts commenting that an indefinite appointment might be just as much of a record keeping problem as that of a one year appointment. He added that it might well be more difficult to attract people to serve a long indefinite term than a shorter fixed term. -11- 3 -28 -77 Further discussion ensued with it being the consensus of the Council to modify the resolutioni to incorporate language acknowledging that members may voluntarily resign or be removed by the Mayor and that three con- secutive unexcused absences would constitute automatic resignation. Member Gene Lhotka introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -52 RESOLUTION AMENDING RESOLUTION NO. 73 -25 WHICH CONTINUED A BROOKLYN CENTER PARK AND RECREATION COMMISSION AND REDEFINED THE DUTIES AND RESPONSIBILITIES THEREFOR 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 Ma.urice Britts introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -53 RESOLUTION AUTHORIZING PUBLIC SAFETY RADIO LEASE AGREEMENT 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 Gene Lhotka introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -54 RESOLUTION RESCINDING RESOLUTION NO. 75 -189 AND ESTABLISHING WATER MAIN IMPROVEMENT PROJECT NO. 1977 -7 AND SANITARY SEWER IMPROVEMENT PROJECT NO. 1977 -8 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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. Councilman Fignar left the table at 10:25 p.m. Member Tony Kuefler introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -55 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED TRUNK WATER MAIN IMPROVEMENT PROJECT NO. 1977-1, SANITARY SEWER IMPROVEMENT PROJECT NO. 1977 -2, STREET SURFACING IMPROVEMENT PROJECT NO. 1977 -3, AND CURB AND GUTTER IMPROVEMENT PROJECT NO. 1977 -4 3 -28 -77 -12- i 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, 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 -56 resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING FOR SANITARY SEWER IMPROVEMENT PROJECT NO. 1977 -5 AND STREET SURFACING IMPROVEMENT PROJECT NO. 1977 -6 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, 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 -57 and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED WATER MAIN IMPROVEMENT PROJECT NO. 1977 -7 AND SANITARY SEWER IMPROVEMENT PROJECT NO. 1977 -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, Tony Kuefler, 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 -58 resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR WATER MAIN IMPROVEMENT PROJECTS NO. 1977 -7, 1976 -10, AND 1977 -1; AND SANITARY SEWER IMPROVEMENT PROJECTS NO. 1977 -8, 1977 -2 AND 1977-5, AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1977 -A) 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, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Councilman Fignar returned to the table at 10 :30 p.m. 'ORDINANCE Member Tony Kuefler introduced the following ordinance NO. 77 -6 and moved its adoption: :E -13 3- 28_77 AN ORDINANCE AMENDING CHAPTER 15 AND CHAPTER 35 OF THE CITY ORDINANCES RELATIVE TO SINGLE FAMILY ATTACHED DWELLING UNITS THE CITE COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1 . Sections 15-106 (c) , (e) , (f) , and (g) of the City Ordinances are hereby amended in part to read as follows: (c) 15. Private Streets. With the exception of condominium single family attached [ (townhouse)] dwelling unit subdivisions, private streets shall not be approved nor shall public improvements be approved for any private street. (e) 1 . Provided for Utilities. With the exception of condominium single family attached f (townhouse)) dwelling unit subdivisions, easements at least 10 feet wide, centered on rear and other lot lines shall be provided for utilities, where necessary. They shall have continuity of alignment from block to block, and at defection points. Ease- ments for pole -line anchors shall be provided where necessary. (f) 4. Arrangements. With the exception of con- dominium single family attached [ (townhouse)] dwelling unit subdivisions, a block shall be so designed as to provide two tiers of lots, unless it adjoins a railroad or limited access highway where it may have but a single tier of lots. (g) 1 . Location. With the exception of lots in a condominium single family attached [ (townhouse)] dwelling unit subdivision, all lots shall abut by their full frontage on a publicly dedicated street or a street that has received the legal status as such. Section 2. Section 15 -111 of the City Ordinances is hereby amended to read as follows: BUILDING PERMIT With the exception of condominium single family attached [ (townhouse)] dwelling unit sub - divisions, no building permits shall be issued by any governing official for the construction of any building, structure or improvement on any land required to be sub- divided by this ordinance until all requirements of this ordinance have been fully complied with. Section 3. Section 35 -312 1. (a) is hereby amended to read as follows: (a) Townhouse or garden apartments and condominium single family attached dwelling units as defined in Section 35 -900, Section 4. Sections 35 -312 3. (b) (2) and (3) are hereby amended to read as follows: 3 -28 -77 -14- (2) At least 25% of the total number of dwelling' units shall be [ R -3 type] townhouse /garden apartments or condominium single family attached dwelling units as defined in Section 35 -900; (3) If the Planned Residential Development is to be constructed in multiple phases, at least 20% of the total number of dwelling units in each phase shall be [ R -3 type] townhouse /garden apartments or condominium single family attached dwelling units, until the above minimum requirement has been fulfilled; Section 5. Section 35 -900 of the City Ordinances is hereby amended by the addition of the following: Condominium Single Family Attached Dwelling Units. Two or more dwelling units horizontally attached in a linear or cluster arrangement, with the individual dwelling units separated from each other by a wall or walls extending from foundation to roof, and with each dwelling unit located upon a separate platted lot. Characteristic features of such a development include individual ownership of dwelling units, and common (nonpublic) ownership of open areas, site amenities, and recreation facilities'. A condomini single family attached dwelling unit development includes at least one large common area of open space for aesthetic or recreational purposes. Section 6. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 28th day of March, 1977. The motion for the adoption of the foregoing "ordinance was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Licenses Motion by Councilman Fignar and seconded by Councilman Kuefler to approve the following licenses: FOOD ESTABLISHMENT LICENSE Harron United Methodist Church 5452 Dupont Ave. N. Northbrook Alliance Church 6240 Aldrich Ave. N. Pizza Factory 6816- Humboldt Ave. N. ITINERANT FOOD ESTABLISHMENT LICENSE Sandra Smith Earle Brown School MECHANICAL SYSTEMS LICENSE Four Seasons Sheet Metal, Inc. 2964 Jersey; Ave. N. :E -15- 3 -28 -77 V NONPERISHABLE VENDING MACHINE LICENSE Brookdale Towers Apt. 6925 Humboldt Ave. N. Coca Cola Bottling 1189 Eagan Ind. Road Sears Brookdale Minnesota Fabrics 5712 Morgan Ave. N. READILY PERISHABLE FOOD FLEET LICENSE Servomation 4301 68th Ave. N. RENTAL DWELLING LICENSE Initial: Wilfird & Lillian Hollenbeck 5406 Bryant Ave. N. Carin Lee Rudolph 5318 -20 Queen Ave. N. Ronald & Esther Anderson 5328 -30 Queen Ave. N. Gene & Anna Gullord 5337 -39 Queen Ave. N. Richard Biggs 819 -21 55th Ave. N. Alfred & Myrtle Herlitz 1713 72nd Ave. N. Renewal Richard E. Gunderson 6109, 11, 13 Beard Ave. N., Mike Elnicky & Robert Tombers 7015 & 7021 Brooklyn Blvd. Earl James Backer 7018 Brooklyn Blvd. Voting in favor: Mayor Cohen, Councilmen Britts , Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. The City Manager reported that due to the recently enacted Environmental Community Health Services Act, Hennepin County is Health Services attempting to promote environmental health programs similar to the one the City is involved in jointly with the cities of Crystal and Brooklyn Park. He stated that the County is recommending sharing its subsidy, in an amount of 79� per capita to promote a "seed" effort to get environmental health service programs going in communities not providing them. He reported that a community like Minnetonka, which has no environmental health program would receive approximately $27,000 to start up such a program. He stated that cities like Brooklyn Center with existing environmental health services are being granted a token or salve of ll� per capita amounting to $4,202 to Brooklyn Center. He explained that to receive this subsidy the City would have to execute an agreement with the County to continue environmental health services. Following a brief discussion there was a motion by Action Authorizing Councilman Kuefler and seconded by Councilman Lhotka the Execution of to authorize the Mayor and City Manager to execute an an Agreement agreement with Hennepin County to continue environ- mental health services in return for $4,202. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. The City Manager reported that Hilda Boyle, Director of Suburban Health the Suburban Health Nursing Board, has contacted him Nursing Board regarding an opening on the Board for an elected official from the northwest area. He stated that she is urging an elected official from Brooklyn Center to seek appoint- ment. A brief discussion ensued relative to the request with it being the consensus of the Council that such an appointment be decided by the next City Council meeting. i 3 -28 -77 -16- Park and Recreation Councilman Kuefler reported that the Park and Commission Tour Recreation Commission, in conjunction with its comprehensive review of all City parks, is planning a tour of the parks on Saturday, April 2, 1977. He stated that all City Council members are invited and that the bus would be leaving the Community Center at 1:00 p.m. Adjournment Motion by Councilman Lhotka and seconded by Councilman Fignar 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 10 :40 p.m. Clerk Mayor -17- 3 -28 -77