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HomeMy WebLinkAbout1977 04-11 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 APRIL 11, 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 Schieffer, Director of Planning and Inspection Blair Tremere, and Administrative Assistants Brad Hoffman and Ronald Warren. Approval of Minutes Motion by Councilman Lhotka and seconded by 3 -28 -77 Councilman Fignar to approve the minutes of the March 28, 19 7 7 City Council meeting as submitted. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Board of Review Date The City Manager introduced the first item of business on the agenda, that of establishing a meeting date for the City Council to sit as a Board of Equalization to review .current property valuations He stated that Section 7.04 of the City Charter provides that the City Council shall constitute a Board of Equalization for taxation purposes. He added that this is an annual responsibility of the City Council that must be complied with prior to the submission of the Assessor's valuations to Hennepin County. He recommended that the City Council establish the -Board of Review meeting for Tuesday, May 31, 1977, at 7 :30 p.m. Motion by Councilman Kuefler and seconded by Councilman Fignar to establish Tuesday, May 31, 1977, at 7:30 p.m. as the meeting date and time for the Board of Equalization to be held at the City Council Chambers. Voting in favor: Mayor Cohen, Councilmen Britts , Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Mayoral Appointment Mayor Cohen announced his appointment of Mrs. to the NW Hennepin Dorothy Buckingham, 6143 Lee Avenue North, to the Human Services Northwest Hennepin Human Services Advisory Advisory Commission Commission and requested Council confirmation. He stated that Mrs. Buckingham is a 20 year resident of Brooklyn Center and has been active in the community having been a past volunteer worker at area schools in the Osseo District, serving on the original Task Force that worked on the planning for the Civic Center, and as an aquatic instructor at the Civic Center swimming pool.. Ile added that she, has also held offices including President of the North Suburban Community Theater. He further stated that Mrs. Buckingham is currently employed as a supervisor of Health Survey Interviewers at the University of Minnesota and works for the laboratory of physiological hygiene and is involved with blood pressure studies The Mayor then introduced Mrs. Buckingham to members of the City Council. -1- 4 -11 -77 Following a brief discussion there was a motion by Councilman Kuefler and seconded by Councilman Britts to confirm Mayor Cohen's appointment of Mrs. Dorothy Buckingham, 6143 Lee Avenue North,: to the Northwest Hennepin Human Services Advisor, Commission effective immediately for a term to expire Dece�tiber 31, 1977. 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 extended an Nursing Board invitation to the City Council for a Brooklyn Center City Council member to sit on that organization's Board of Directors. He stated that the Suburban Health Nursing Board by law is required to have a certain number of elected officials on its Board of Directors. He briefly reviewed the activities of this group and explained that it meets in St. Louis Park on the third Thursday of each month. A brief discussion ensued relative to the invitation. Mayor Cohen asked if there were any volunteers for the opening; there being none the Mayor deferred further consideration of the matter until later in the evening. Motion by Councilman Britts and seconded by Subdivision Bond Councilman Lhotka to authorize reduction of a sub Reduction (Group division bond posted on behalf of Group Health Plan, Health Plan, Inc.) Inc. from $5,140 to $1,000 on the basis of completed obligations. Voting in favor:. Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Motion by Councilman Fignar and seconded b Performance Bond g Y Councilman Kuefler to authorize the release of a $15,000 Release (North site performance bond posted on behalf of North American American Bakeries) Bakeries, 4215 69th Avenue North, on the basis that guaranteed obligations 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 -59 RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MRS MARY ANDREEN 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 -60 RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MRS. JAN THUNELL 4-11-77 -2- The motion for the adoption of the foregoing resolution we s 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. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 77 -61 and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR, BRUCE ANDERSON 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 -62 resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. JOE HILL 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 -63 and.moved its adoption: - RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MRS. YVONNE QUADY 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 Bill Fignar introduced the following resolution NO. 77 -64 and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF ONE HUNDRED DOZEN DUDLEY RED STITCH SOFTBALLS 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. -3- 4 -11 -77 Member Tony Kuefler introduced the following resolution RESOLUTION and moved its adoption NO. 77 -65 RESOLUTION ESTABLISHING TENNIS COURT IMPROVE- MENT PROJECT NO. 1977 -9 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. Member Gene Lhotka introduced the following resolution RESOLUTION`' and moved its adoption: NO 77 -66 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR TENNIS COURT IMPROVEMENT PROJECT NO. 1977 -9 AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1977 -B) 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. Councilman Britts commented on the April 2, 1977 Park Swinging Bridges and Recreation, Commission bus tour of the City parks in City Parks and .inquired if there are any plans to provide City parks with swinging bridges. The City Manager responded that there was no appropriation for such an item in the 1977 budget and that in his conversations with the Director of Parks and Recreation equipment of this type has not been suggested. Councilman Kuefler stated that the Park and Recreation Commission, which is in the process of reviewing equipment in all City parks, has not con- sidered this specific type of equipment. Councilman Britts suggested that a swinging bridge would be excellent recreational equipment for City youth. The City Manager responded that the merits of this type o equipment would be considered with the Director of Parks and Recreation and the Council would be informed as to the feasibility of acquiring it. The City Manager introduced the next item of business, Signery for Industrial that of a resolution recommended for the purpose of Buildings Abutting clarifying Resolution No. 74 -169 regarding signery for 69th Avenue industrial buildings abutting 69th Avenue. He briefly reviewed the substance of the resolution and commented that it would establish uniform design, color, and si standards for tenant .identification signery and esta.111.1:.i a maximum height for these signs that would not eyes ,d the top of the pedestrian doors or seven feet, whichaver was greater. The Director of Planning and Inspection proceeded to review various slides showing the north side of the speculative buildings on 69th Avenue. He pointed ou_ taia areas for possible signery and the screening effect of the berm on 69th Avenue. He also reviewed a sketch depicting the effect of the proposed resolution standards. 4 -11 -77 -4- The Director of Planning and Inspection then reviewed the circumstances surrounding the Council's adoption of Resolution No. 74 -169. He explained that a recent tenant proposal for a wall identification sign has led to a need for a clarification of the uniform design concept. He added that the Planning Commission had reviewed this matter at its March 24, 1977 meeting and had recommended the criteria contained in the proposed resolution. Councilman Br.itts stated that he felt Resolution No. 74 -169 had adequately set standards, in that it limited signs from being no more than five feet above the floor grade. The Director of Planning and Inspection responded that the proposed resolution in addition to raising the height standards also clarifies and more specifically defines the size and color of permittable signs. Councilman F.ignar inquired if the tenants of these buildings favored the criteria proposed. The Director of Planning and Inspection responded that the tenants generally understand and do not dispute the Council's concern and restrictions regarding signery on the north side of the buildings. He added that they favor the proposed criteria as being a more specific way to develop uniform standards that would permit them to have identification signs in this area Councilman Kuefler inquired if any signs under the proposed standards, would be seen from homes along 69th Avenue. The Director of Planning and Inspection responded that in certain cases, where living room grades are of a higher grade, people would be able to see portions of the signery. Councilman Kuefler stated that he felt the height of the signs should be no more than five feet above floor grade, as in Resolution No. 74 -169, so that no signery would be visible from the homes along 69th Avenue. Councilman Britts stated that he saw no need at all for signery on the north side of the speculative buildings along 69th Avenue. In response to an inquiry by Councilman Fignar the Director of Planning and Inspection stated that the Planning Commission feels the five foot or seven foot " maximum height is not the significant issue. He commented that if the Council wishes to completely block out the visibility of signs from 69th Avenue, it would probably be best to leave the maximum height at five feet. A brief discussion ensued with Councilman Kuefler speaking in favor of the proposed resolution with a modification to point No. 2 so that the height of wall signs are not permitted to exceed more than five feet above the building floor grade. RESOLUTION Member-Tony Kuefler introduced the following resolution NO. 77 -67 and moved its adoption: RESOLUTION AMENDING COUNCIL RESOLUTION NO. 74 -169 AND ESTABLISHING SIGNERY CRITERIA FOR SPECULATIVE INDUSTRIAL BUILDINGS ABUTTING 69TH AVENUE NORTH -5 4 -11 -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, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: Maurice Britts , whereupon said resolution was declared duly passed and adopted. The City Manager introduced the next item of business Planning Commission on the agenda, that of Planning Commission Application Application No. 77009 No. 77009 submitted by Roger Lange. He stated that the (Roger Lange) application .involves a request for a special use permit and site and building plan approval for a recreation center at 4321 68th Avenue North. He further stated that the City Council first considered the application on February 28, 1977 at which time the matter was tabled and the applicant was requested to furnish additional information. He further explained that the application was continued at the request of the applicant on March 14, 1977 and that on March 28, 1977 the applicant had failed to appear and the matter was again continued by the City Council Mayor Cohen recognized the applicant, Roger Lange, who stated that he had nothing further to add to the application. Councilman Kuefler requested further information from Mr. Lange regarding his recreation center operation in Fridley. Mr. Lange stated that basically the location of his .operation was a problem. He further stated that the building in Fridley was laid out so that the door to his establishment was right next to the door of a neighboring furniture store. He explained that the traffic generated from people entering and exiting his establishment bothered the operator of the furniture store and that when they decided to move out they complained to the owner of the building regarding his recreation center. He com- mented that he was informed by the landlord that if there were further problems, he would not renew his lease. Mr. Lange stated that because of problems of this nature, he planned to close the operation and seek a new location and, therefore, did not renew his lease when it expired. Councilman Lhotka inquired as to how Mr. Lange pro- posed to eliminate problems of this nature in his proposed Brooklyn Center operation. Lange responded that the characteristics of the two locations are quite different and that he feels there will be far fewer problems in the Brooklyn, Center operation. He explained that the Fridley recreation center was located on a main thoroughfare with close adjacent neighboring businesses while the Brooklyn .Center site is somewhat isolated and less likely to have the traffic type problems that he experienced in Fridley. He stated that a well run operation requires good manage - ment that watches its operation carefully, patrols the area to pick up litter, etc. , and establishes effective operating policies. He added that he feels he is capable of providing that type of management. Councilman Lhotka asked Mr. Lange how he intends to implement these techniques. Lange responded by again _ stating that he doesn't expect his operation to be a problem spot because of the location. He commented that he is also considering hiring an off -duty policy officer to 4 -11 -77 -6- assist with the operation and that he intends to work closely with the police department to deal with problems before they get out of hand. In response to an inquiry by Councilman Fignar, Mr. Lange stated that he needs the recreation aspect of his proposed business to promote game table sales and that eventually, perhaps within two years if he is financially able, the entire. operation would be retail sales only. Mayor Cohen asked Mr. Lange why he did not disclose information relating to his Fridley operation to the City staff or the Planning Commission prior to his appearance before the City Council. Mr. Lange responded that he had had a tough time with the Fridley operation and added that he also had never been specifically asked about his Fridley operation. Mayor Cohen expressed the opinion that there are no tangible reasons to approve this application. He commented that the reports about Lange's operation in Fridley are not favorable, the proposed hours of operation (10 :00 a.m. to midnight during the week, and 10 :00 a.m. to 1:00 a.m. weekends) will create additional police problems and that there is no bond or license to effectively control the operation. He concluded that there are too many loose ends making it questionable as to the ability of the applicant to operate the facility. Councilman Fignar alluded to a number of problems associated with the former recreation center located at the Humboldt Square Shopping Center and stated that he is skeptical of this proposal because of the Fridley' police department report. He stated that he would consider approval of this application only if the following conditions were part of that approval: 1 . That there be an off -duty police officer on the premises from 8 :00 p.m. until closing. 2. That the City Council review this special use permit every 90 days until it has been proven that the applicant can effectively operate the establishment. Councilman Lhotka stated that the applicant had indicated that he would be employing the same personnel as were used in the Fridley operation and questioned the wisdom of this decision. He added that he was disappointed at the applicant's failure to disclose all of the information prior to his appearance before the City Council. He further stated that he could support Councilman Fignar's two points as a condition of approval, qualifying that he is not totally convinced that the operation would be a success. Councilman Britts stated that the applicant's plans for supervising youth are not detailed and that there is no indication as to how he plans to administer the super- vision of youth frequenting his establishment. He added that he too is concerned over the applicant's lack of a full disclosure regarding his Fridley operation. He further stated that he could accept Councilman Fignar's suggestion for an off -duty police officer and a 90 day review but that hb is still hesitant to approve the application. -7- 4 -11 -77 v A brief discussion ensued relative to the Piccadilly Circus Recreation Center at Brookdale Shopping Center and the m an Y prepared A manner in which the re ared o eration policies and posted rules and regulations. Further dis- cussion ensued relative to the problems associated with . the former recreation center located at the Humboldt Square Shopping Center. o The City Manager stated that the Humboldt Square Recreation Center and Lange's Fridley experience indicate that there are problems inherent in these types - of operations such as inclinations to large gatherings of youth, disruptiveness and frequent rowdiness, litter problems, and often an inclination to possessing and consuming illegal drugs and alcohol. He further stated that the Fridley police report notes problems that are almost a carbon copy of the problems that were experienced at the Humboldt Square Shopping Center. The City Manager commented that the condition of having an off -duty police officer might in itself prohibit the applicant's business before it begins because he doubted that officers would be inclined to work in the "losing situation that the job represents. He further commented' that it probably is inappropriate to compare the applicant's proposal with the Piccadilly Circus operation because of the different environments. He added that the opinion expressed by the police administration probably also reflecting rank and file opinion, is that Mr. Lange's operation is another potential Humboldt Square type operation and that the same types of problems would most likely occur. Mayor Cohen suggested that it might be appropriate to consider licensing recreation centers and charging fees that are commensurate with the services rendered by the City such as for police investigations and responses. He also suggested that it might be appropriate for an applicant to pay an application fee and to post a performance bond. Councilman Britts stated that he would be more inclined to support this application if there were some type of supervisory plan with a blueprint of what is permissible or not permissible, or what rules and regulations will be mutually abided by at the establishment. He further stated that he does not feel the City Council should write such a set of rules and regulations, but that the manage meat of a proposed facility should. He commented that these rules and regulations would show the Council how an applicant intends to operate. The City Manager responded that many of the problems associated with a recreation center take place in areas away from'- facility itself such as Tittering, vandalism, and disturbing h t o ease. and that the rules snd re i f n operation A e regulations o a p would have no effect on these problems. Mayor Cohen recognized Mr. Zitzloff, owner of the building at 4321 68th Avenue North, who responded to an inquiry by Councilman Britts by stating that there may well be a need for facilities of this type in the community to provide a recreation facility for youth. He added that, although he was not sure, it is possible that such a facility might act to eliminate some of the vandalism prob- lems in the area. He commented that to be successful would require good management and good operating plans for the operation. He explained that he has checked and is satisfied with Mr. Lange's references and that hb is also well aware of the City Council's concern. He further stated that he would not quarrel with the City Council's decision regarding the application because he feels the Council is in a better position to know what the problems are and the effect they would have on the community. A lengthy discussion ensued relative to the application, the manner in which a special use permit could be revoked, and to the feasibility of licensing recreation centers. The City Manager commented that it would be feasible to establish licensing criteria for recreation centers but that a performance bond is not feasible. The City Attorney stated that he felt a 90 day expiration of a special use permit would be proper, although such a requirement has never been litigated in Minnesota. I Further discussion ensued relative to licensing with the City Manager pointing out that licensing recreation centers would adversely affect the Piccadilly Circus in the Brookdale Shopping Center, which has not been a problem area and that, in effect, a good operation would be penalized. Action Directing Following further discussion there was a motion by Preparation of a Councilman Lhotka, seconded by Councilman Fignar to Resolution Denying direct the City Manager to prepare a draft resolution Planning Commission denying Planning Commission Application No. 77009 Application No. 77009 submitted by Roger Lange. Voting in favor: Mayor (Roger Lange) Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Councilman Britts suggested that the City Manager develop licensing procedures and guidelines for _ operating recreation centers for the City Council's consideration. Recess The Brooklyn Center City Council recessed at 9 :25 p.m. and resumed at 9:46 p.m. Licenses Motion by Councilman Kuefler and seconded by Councilman Lhotka to approve the following licenses: CATERING FOOD VEHICLE LICENSE B. C. Community Ctr. 6301 Shingle ` Ck . Pkwy. FOOD ESTABLISHMENT LICENSE Brookdale Assembly of God Church 6030 Xerxes Ave. N. Brookdale Christian Ctr. 6120 Xerxes Ave. N. B. C. Community Ctr. 6301 Shingle Ck . Pkwy. B. C. Country Boy 4401 69th Ave. N. Brooklyn United Methodist Church 7200 Brooklyn Blvd. Kentucky Fried Chicken 5512 Brooklyn Blvd. ` Lynbrook Bowl, Inc. 6357 N. Lilac Dr. Orchard Lane Elem. School 6201 Noble Ave. N. Peking Chow Mein 5 704 Logan Ave. N. 7- Eleven a 411 66th Ave. N. -9- 4 -11 -77 b ITINERANT FOOD ESTABLISHMENT LICENSE Mrs Stenmo Evergreen "Park School Jim Waknitz Humboldt Square Center NONPERISHABLE FOOD VENDING MACHINE LICENSE Duke's Standard 6501 Humboldt Ave. N. Duke's Standard 6600 Lyndale Ave. N. Lynbrook Bowl, Inc. 6357 N. Lilac Dr. PERISHABLE FOOD VENDING MACHINE LICENSE Duke's Standard 6501 Humboldt Ave. N% Duke's Standard 6600 Lyndale Ave. N. RENTAL DWELLING LICENSE Transfers Richard_ Knutson 5301 Dupont Ave. N Voting in ,favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. The City Manager next reported on the recent State Mississippi River designation of certain areas along the Mississippi River Critical Area as critical areas and the effect of this designation on Planning municipalities abutting the river. He stated that the designation affects almost all of the Mississippi River .area in Minnesota, and that the State Planning Agency is in the process of implementing the mandated law. He further stated that the designation calls for river bank areas to be devoted to public use which is a reversal from the industrial /commercial developments that are presently situated in many areas along the river. He added that although much of the area designated as critical is open and undeveloped, the designation also applies to developed areas as well and that it may be from 30 to 50 years before the intentions of the legislation are totally realized. The City Manager explained that there are planning grants available to affected municipalities and that one of the conditions for obtaining a grant is to submit a work plan outline to the State Planning Agency by the end of April. He further explained that this work plan is only an outline indicate how a u ` m nic alit will meet the .mandates of the p Y legislation. He stated that communities such as Brooklyn Center should integrate their critical area planning with their mandated comprehensive planning. He added that the City has been granted a dispensation from the critical areas planning deadline until January 1, 1979 in order that this planning can be coordinated with the mandated comprehensive planning. The City Manager concluded his report by stating that the City Council should be cognizant of the fact that this critical areas planning and the State mandated Metro Land Planning Program will be dominating much staff and Council time in the upcoming months. A discussion ensued relative to the work plan outline and the planning, implementing, and financing related to the designation of the Mississippi River as a critical area. In response to an inquiry, the City Manager stated that the planning and inspection department and the engineering department would be extensively involved in the planning process and to some extent the park and recreation 4 -11 -77 -10- deI,&r'k.meIA and the finance departiile It with capital happrovements would be involved. He further stated that he does not intend additional staff to accomplish this heavy concentration of planning, but rather intends to utilize a consultant authorized in the 1977 budget foi these endeavors. Councilman Britts suggested the possibility of using the CETA program to obtain a person with the expertise, knowledge and technical know -how for this planning process which might be less expensive than a con - sultant. The City Manager responded that CETA employees could be used as a - supplement to depart- mental staff but that professional consultants capability would still be needed. Mandatory Metro The City Manager next reported on Brooklyn Center's Land Planning obligations with regard to the mandatory Metro Land Program Planning Act. He briefly reviewed various aspects of the State law and stated that the first step in its implementation is the review of the Metro Systems Statement. He reported that the City has recently received its Systems Statement and has 60 days in which to review the document for accuracy and if there is any disagreement, the City Council can seek an appeal. He commented that there would probably be little disagreement because Brooklyn Center is almost a totally developed area, but nevertheless the statement will be reviewed carefully. The City Manager explained that the mandatory com- prehensive planning affects four component areas in which the Metro Council has approval authority and can mandate the planning. These four component areas include: metro transportation systems, metro sewer systems, metro airport systems and metro park and open space systems. He further' explained that in other areas of the Comprehensive Land Planning Program the Metro Council has review and comment prerogatives only. He stated that the basic difference between review and comment and approval authority is that when an entity has approval authority it can dictate what is to be done while review and comment means just that and the entity has no authority to dictate in these areas. The City Manager stated that this entire comprehensive planning process calls for review and comment on various aspects of a particular jurisdiction's planning endeavors from neighboring jurisdictions such as abutting cities and school districts. He explained that this comprehensive planning process is much more detailed and .involved than the comprehensive planning done by the City approximately ten years ago. Councilman Fignar left the table at 10:25 p.m. The City Manager reported that the mandatory compre- hensive planning will involve a land use component, environmental protection component, housing component, public facilities component, transportation component, park component and an implementation component that will include financing and a five year extensive capital improvements plan. He further reported that all draft plans must be submitted to neighboring municipalities and school districts. Following the review and comment -11- 4 -11 -77 by other jurisdictions the Planning Commission and the City Council must again consider its plans in terms of the review and comment received. Councilman Fignar returned to the table at 10 :28 p.m. The City Manager stated that for the first time there will be a cross fertilization of ideas in planning between a number of groups such as school districts and munici- palities. He further stated that this aspect of the legislation should have a good effect on the entire planning process. Following the City - Manager's report a discussion ensued relative to the mandatory planning program and the City's Systems Statement. The City Manager stated that the Land Planning Program is going to be an all consuming process with all elements of the City - -the Council, staff, and advisory Commissions-- being heavily involved. Councilman Kuefler inquired if the capital improvements board should be reconstituted for this program. The City Manager responded that it would be his recommendation to not reconstitute this body right away, but to possibly do so down the road when capital improvement planning is plugged into the program. The City Manager next reported on the status of two Damage Claims lawsuits involving damage claims filed against the City. He stated that the first lawsuit involves the alleged loss of $6, 000 and the allegation that two police officers converted the money to themselves. He reported that a problem exists in that the suit contends that the loss was due to an intentional act. He further stated that there is a question as to whether or not the City's insurance company will defend the City in this suit because an intentional act, not a negligent act, is alleged. He added that the insurance company has already stated that they will not defend the officers involved because an intentional act is alleged`. The City Manager reported that if the insurance company will not defend the City, he is seriously_ considering recommending that the 'City sue its insurance company. The City Manager also reported that the State law is being researched, and a legal opinion has been requested, regarding the City's obligation to defend the two officers alleged to have perpetrated this intentional act. He added that this is not to imply that the City would be unwilling to defend the officers in question, but to only determine whether or not the City must defend them. He commented that the City Council would have to make a determination regarding the willingness of the City to defend the officers , if by law the City is not compelled to defend the individuals. A brief discussion ensued with the City Manager responding to Councilmen's questions regarding the lawsuit in question. The City Manager then reported on the'status of another lawsuit involving a boy hit by a car on Brooklyn Boulevard in the vicinity of Burger King. He stated that the suit alleges the City to be negligent due to its awareness of this problem area because of concerns voiced to the City prior to the accident. He commented that Brooklyn Boulevard is under the jurisdiction of the State of Minnesota and that the State is not being sued. He added that much 4 -11 -77 -12- of the outcry noted in the damage claim has resulted after the boy was struck by the car. He further reported that there are no complications as to the City's insurance company handling this matter. Project Status The City Manager recommended deferring a report on the status of a number of City projects until a later date at which time more time could be devoted to them. Pedestrian Bridge Councilman Britts commented that the City Council in the past has often discussed the desirability of having more pedestrian bridges in Brooklyn Center. He noted that there has been much publicity given recently to a pedestrian bridge on Cedar Avenue and 24th Streets in Minneapolis, and that it might be sold. He stated that he would like to see the City research the possibility and feasibility of obtaining this bridge for a location over Trunk Highway 100 between Brookdale Shopping Center and the City water tower. Councilman Fignar stated that there is a need for more pedestrian bridges in Brooklyn Center but questioned whether or not the bridge could be disassembled and put up in Brooklyn Center. The City Manager responded that the bridge is movable and can be reassembled but he doubted that it would span Trunk Highway 100 as suggested. Councilman Britts stated that such a bridge might be located elsewhere in the City and requested that the matter be further researched. Adjournment Motion by Councilman Fignar and seconded by Councilman Britts 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 11 :05 p.m. all, 7 i Clerk Mayor R ... -13- '' ' 4 -11 -77