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HomeMy WebLinkAbout1977 04-25 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 25, 1977 CITY HALL Call to Order The Brooklyn Center City Council met in regular session Y Y g s Lon 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 Finance Paul Holmlund, Director of Planning and Inspection Blair Tremere, and Administrative Assistants Brad Hoffman and Ronald Warren. Approval of Minutes Motion by Councilman Fignar and seconded by 4 -11 -77 Councilman Lhotka to approve the minutes of the April 11 , 1977 City Council meeting as submitted. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Invocation The invocation was offered by Pastor Robert Bailey of the Brooklyn United Methodist Church. Mayoral Appointment Mayor Cohen announced his appointment of Forrest C. to the Human Rights Castle, 6221 Shingle Creek Parkway, to the Human Rights Commission Commission and requested Council confirmation. He explained that Mr. Castle has been a resident of Brooklyn Center for approximately two and one -half years residing at the Shingle Creek Towers high -rise apartment. Ho further explained that Mr. Castle, who is disabled, serves as an informal social director, coordinating a variety of activities for many of the senior citizens and handicapped persons living at Shingle Creek Towers. He next introduced Forrest Castle to members of the City Council. Following a brief discussion there was a motion by Councilman Lhotka and seconded by Councilman Britts to confirm Mayor Cohen's appointment of Forrest C. Castle, 6221 Shingle Creek Parkway, to the Human Rights Commission effective immediately for a term to expire December 31, 1977. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Park and Recreation Mayor Cohen announced that he had received a letter of Commission Resignation resignation from Margaret Whittaker of the Park and Recreation Commission. He explained Ms. Whittaker's company is transferring her to the San Francisco office and she, therefore, has submitted her resignation from the Brooklyn Center Park and Recreation Commission. Motion by Councilman Fignar and seconded by Councilman Kueflerto accept the resignation of Margaret Whittaker as a member of the Park and Recreation Commission and to direct the City Manager to prepare a resolution of commendation. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. -1 - 4- -25 -77 The City Manager introduced the next item - of business Brooklyn Center on the agenda, that of a presentation by Mr. Tom Howard Jaycees' Presentation of the Brooklyn Center Jaycees regarding a tree replace - ment program primarily related to Dutch elm disease. Mayor Cohen recognized Mr. Howard who referred to a copy of a survey conducted by the Brooklyn Center Jaycees which had been submitted to the City Council. He stated that eight City blocks had been covered by the survey with 244 post cards being sent out, 107 of which were returned. He further stated that hopefully the results of this survey can be used by the City Council in dealing with Dutch elm disease problems in the future. He noted that Brooklyn Center has not been greatly affected by Dutch elm disease, with only about 10% of the responding people reporting elm tree losses thus far. Mr. Howard reported that the Brooklyn Center Jaycees have decided to conduct a reforestation project whereby they would make trees available to replace boulevard elms lost to Dutch elm disease. He explained that with the help of the Director of Parks and Recreation, who has furnished a list of persons that have lost boulevard elm trees, they plan to make available approximately 100 trees. He added that if the Jaycees are unable to get rid of these trees through this reforestation project, they will make the trees available to the public through a sale. Mr. Howard next addressed a comment sheet that had been handed out to members of the City Council. He explained that the comment sheet contains many of the _ written responses received with the survey, which may be of help to the City Council with regard to opinions expressed by persons answering the survey. Mayor Cohen stated that the Jaycees have done an excellent job in putting together the survey'and expressed his appreciation for the comment sheets that were handed out. Councilman Kuefler inquired of Mr.' Howard if he thought chemical treatments should be considered at this time. Howard responded that it is probably too late in the year to begin with chemical treatments but that it is something that could be considered in the future. Councilman Kuefler expressed the opinion that the Jaycees had taken a pro - fessional approach to this survey and complimented them on their project. Following further discussion there was a motion by Action Accepting Councilman Kuefler and seconded by Councilman Britts to Jaycees' Report accept the Brooklyn Center Jaycees' report and survey and Requesting relative to Dutch elm disease and to direct the City Commendation Manager to prepare a resolution of commendation. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against. none. The motion passed unanimously. Motion by Councilman Lhotka and seconded by Action Authorizing Councilman Kuefler to authorize the Mayor and City the Execution of Manager to execute a standard and routine agreement an Agreement with First Wisconsin National Bank of Milwaukee regarding the maintenance of utilities in the Moorwood Townhouses project. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. 4-25 , Final Plat The City Manager introduced the next item of business on the agenda, that of a recommended approval of a final plat for a development formerly known as the Shores Townhouses and presently known as Moorwood Townhouses. He explained that the homeowners' association documents have been thoroughly reviewed by the City Attorney and staff, and that recommended changes have been made. He stated that it is also recommended that the approval of this final plat be conditioned upon the developer paying the City's extra- ordinary legal costs incurred in reviewing and recommending modifications to the homeowners' association documents in an amount of $433.33, The Director of Public Works proceeded to review the final plat with the City Council and a brief discussion ensued. The Director of Public Works stated that the homeowner's' association document contains a replica of the plat and shows potential building sites and explicitly states where future building sites will be located, which addresses a previous concern expressed by the City Council. In response to an inquiry by Mayor Cohen, the Director of Public Works stated that a copy of the homeowners' association agreement is given to the buyer at the time of purchase. He added that the agreement is basically a set of covenants or bylaws that will make the buyer aware of a number of different items relating to the entire project. He pointed out that potentially 14 units could be added to the site. The City Manager commented relative to the unusual circumstances surrounding the future development of the Moorwood Townhouses in that there may be different owners and developers of the two areas. He explained that when Outlots A, B. C, and D are developed they will become part of the homeowners' association. Final Plat Approval Following a brief discussion there was a motion by ( Moorwood Townhouses) Councilman Kuefler and seconded by Councilman Lhotka to approve the final plat for the Moorwood Townhouses subject to the condition that the developer pays the City's extraordinary legal costs incurred in reviewing and recommending modifications to the homeowners' association documents in an amount of $433.33. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Public Hearings The City Manager introduced the next item of business on the agenda, that of the scheduled public hearings for Improvement Projects No. 1977 -1 through No. 1977 -8. He stated that the costs of the various projects are based upon bids which were opened on April 19. He added that if the respective hearings are deemed favorable, recommended resolutions ordering the construction of the improvement projects have been developed for the Council's consideration. Mayor Cohen reviewed the procedures to be followed for the public hearing proceedings. He stated that the Director of Public Works would review the project and, following inquiry by the City Council, the public hearing would be opened. -3- 4- 25 - -77 The Director of Public Works proceeded to review Water Improvement Project - Main Improvement Project No. 1977 -1 which consists of No. 1977 -1 the construction of a water main on 69th Avenue North from the center line of Toledo Avenue, westerly approxi- mately 426 feet to the proposed Unity A - kjenue, and on proposed Unity Avenue from the center line on 69th approximately 390 feet. He reviewed a transparency showing the location of the project, stating that it involves providing a trunk water main for the Fox Run development. He added that the developer had petitioned the project through a letter dated February 9, 1977. He further stated that the estimated cost of the project is $28,000 with $18,200 of the project being paid by the developer through a special assessment and $9,800 being paid from the Public Utility Operating Fund. A brief discussion ensued relative to the project with the Director of Public Works explaining the method of assessment and also the assessment rate for single family and two- family dwellings. Mayor Cohen opened the meeting to notified property Public Hearing owners regarding Improvement Project No. 1977-1. No one spoke relating to the improvement project. Member Gene Lhotka introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -68 RESOLUTION ORDERING WATER MAIN IMPROVEMENT PROJECT NO. 1977 -1 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. The Director of Public Works proceeded to review Improvement Project Sanitary Sewer Improvement Project No. 1977 -2 which No. 1977 -2 consists of the construction of a sanitary sewer in proposed Unity Avenue North from the center line of 69th Avenue North northerly approximately 360 feet. He reviewed a transparency showing the location of the project pointing out that this improvement project relates to the Fox Run development. He stated that the estimated cost of the project is $10,400 with the developer being responsible for the cost of the project. Following a brief discussion Mayor Cohen opened the Public Hearing meeting to notified property owners regarding Sanitary Sewer Improvement Project No. 1977 -2. No one spoke relating to the improvement project. Member Maurice Britts introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -69 RESOLUTION ORDERING SANITARY SEWER IMPROVEMENT PROJECT NO. 1977 -2 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. 4 -25 -77 -4- Improvement Project The Director of Public Works proceeded to review Street No. 1977 -3 Surfacing Improvement Project No. 1977 -3 which consists of street surfacing on proposed Unity Avenue North from the center line of 69th Avenue northerly approximately 390 feet. He reviewed a transparency showing the location of the project and noted that this also involves the Fox Fun development. He stated that the estimated cost of the project is $5,500 with the developer being responsible for the entire cost. Public Hearing Following a brief discussion Mayor Cohen opened the meeting to notified property owners regarding Street Surfacing Improvement Project No. 1977 --3. No one spoke relating to the improvement project. RESOLUTION Member Bill Fignar introduced the following resolution NO. 77 -70 and moved its adoption: RESOLUTION ORDERING STREET SURFACING IMPROVEMENT PROJECT NO. 1977 -3 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. Improvement Project The Director of Public Works proceeded to review Curb No. 1977 -4 and Gutter Improvement Project No. 1977 -4 which consists of the construction of curb and gutters on proposed Unity Avenue North from the center line of 69th Avenue northerly approximately 390 feet. He reviewed the transparency showing the location of the project and stated that this project also involves the Fox Run development. He further stated that the estimated cost of the improvement project is $4,200 with the developer being responsible for the costs of the improvement project. Public Hearing Following a brief discussion Mayor Cohen opened the meeting to notified property owners regarding Curb and Gutter Improvement Project No. 1977 -4. No one spoke relating to the improvement project. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 77 -71 and moved its adoption: RESOLUTION ORDERING CURB AND GUTTER IMPROVEMENT PROJECT NO. 1977 -4 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. Improvement Project The Director of Public Works proceeded to review No. 1977 -5 Sanitary Sewer Improvement Project No. 1977 -5 which consists of the construction of a sanitary sewer in 55th Avenue North from the center line of Queen Avenue westerly approximately 135 feet. He reviewed a -5- 4 -25 -77 transparency showing the location of the project, stating that 100% of the four property owners affected by the project were in favor of it. He further stated that the estimated cost of the project is $4,600 to be paid by the four affected property owners at an estitnated assess- ment rate of $1,150 per assessable unit. The Director of Public Works explained that the Sanitary Sewer Improvement Project is being undertaken to lower the elevation of the sewer line which will enable the four properties on 55th Avenue to have sanitary sewer service in their basements. He stated that all the homes in question were constructed after the sanitary sewer was originally installed. He further stated that a sanitary sewer lift station, located just north of 55th Avenue, was constructed in 1960 to service the immediate surrounding area which makes it possible to lower the elevation of the sewer line on 55th Avenue between Queen and Russell Avenues, thus providing basement sewer service. A brief discussion ensued relative to the improvement project with Councilman Fignar inquiring as to when notices of this public hearing were sent. The Director of Public Works responded that notices for this public hearing were sent on April 15, 1977. Councilman Lhotka commented that there had been discussion regarding a low spot on the southwest corner of 55th and Queen Avenues and inquired if this problem could be corrected at the time the sanitary sewer is installed. The Director of Public Works responded that analysis of the area shows that the low spot can be addressed to at this time and improved upon. The City Manager pointed out that because of the flat grade in this area no guarantee can be made that the standing water problem will be completely eliminated. Mayor Cohen opened the meeting to notified property Public Hearing owners regarding Sanitary Sewer Improvement Project No. 1977-5. No one spoke relating to the improvement project. Councilman Fignar stated that for purposes of the record it should be indicated that notices of the public hearing were sent on April 15, 1977. For purposes of the record Councilman Britts stated that it is the understanding of the City Council that 100% of the property owners affected by this project are in favor of it. Member Tony Kuefler introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -72 RESOLUTION ORDERING SANITARY SEWER IMPROVEMENT PROJECT NO. 1977 -5 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. 1 =25- 7 -6- Improvement Project The Director of Public Works proceeded to review Street No. 1977 -6 Surfacing Improvement Project No. 1977 -6 which consists of street surfacing on 55th Avenue North from the center line of Queen Avenue westerly approximately 150 feet. He reviewed a transparency showing the location of the project and explained that it would be for the replacement of the street due to the installation of the sewer. He stated that 100% of the four property owners were in favor of the project. He further stated that the estimated cost of the project is $2,400 with an estimated assessment rate of $9.60 per assessable foot. Public Hearing Following a brief discussion Mayor Cohen opened the meeting for purposes of a public hearing regarding Street Surfacing Improvement Project No. 1977 -6. No one spoke relating to the improvement project. RESOLUTION Member Maurice Britts introduced the following resolution NO. 77 -73 and moved its adoption: RESOLUTION ORDERING STREET SURFACING IMPROVEMENT PROJECT NO. 1977 -6 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. Improvement Project The Director of Public Works next reviewed Water Main No. 1977 -7 & 1977 -8 Improvement Project No. 1977 -7 and Sanitary Sewer Improvement Project No. 1977 -8. He stated that Improvement Project No. 1977 -7 consists of construction of a water main southerly approximately 265 feet across park property from a point on the south right -of -way line of County Road 10 lying approximately 307 feet westerly of the center line of June Avenue North. He further stated that Improvement Project No. 1977 -8 is for construction of a sanitary sewer at the same location. He next reviewed a transparency showing the location of the property and explained that the projects would provide sewer and water for a landlocked piece of property owned by a Mr. Thompson. He stated that Mr. Thompson had received permission to build a single family dwelling on the property when the then Village Council approved Planning Commission Application No. 63012. He pointed out that this approval was with the understanding that, in the absence of an approval for a public street, the request did not obligate the Village in any manner to furnish utilities, streets, snow removal or any Village service other than those that the present or future owner may be legally entitled to. He explained that the City had acquired the property north of Mr. Thompson's, which borders portions of the north end of Twin Lake, in 1973 for park and open space purposes. He further explained Mr. Thompson has requested the installation of sewer and water but disagrees with the method of payment. The Director of Public Works stated that the City would consider paying one quarter of the assessment costs for the project if Mr. Thompson would dedicate a small portionn, of his property to the City to insure access to Twin Lake. -7- 4 -25 -77 He explained that the legal description of Mr. Thompson's property is such that at low water level access to the lake from the City open space property would be impossible, thus, the request for the dedication. The Director of Public Works explained that it is Mr. Thompson's position that the City should pay for the entire project because the City's property would benefit from the installation. He added that he had met with Mr. Thompson and his attorney this afternoon to discuss the matter and that Mr. Thompson had requested that the public hearing be continued until the next City Council meeting. Mayor Cohen inquired if a delay in the action on these two projects would have any adverse effect on the con - struction bids obtained. The Director of Public Works responded in the negative. A brief discussion ensued relative to the City's need for the small portion of Mr. Thompson's property 'with the Director of Public Works pointing out on a transparency how the legal description of the Thompson property affected the City's open space property if Twin Lake were at a low water level. Following further discussion there was a motion by Action Continuing Councilman Britts seconded by Councilman Fignar to the Public Hearina for continue consideration and the public hearings for Improvement Projects Improvement Projects No. 1977 -7 and 1977 -8 until the No. 1977 -7 & 1977 -8 May 9, 1977 City Council meeting. 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, Preliminary that of a review of the preliminary plaits for FI -94 between Plans for FI -94 Trunk Highway #169 and Trunk Highway #152. He briefly reviewed the history involved with consideration of the plans and explained that these preliminary plans do not include the north /south leg of FI -94 which will be reviewed at some time in the future. He further explained that the preliminary plans for FI -94 between T. H. #169 and T. H. 152 had been reviewed by the Planning Commission in January, 1977 and had been recommended for approval subject to final authorization by the City Council. He commented that the Highway Department plans to purchase the right -of -way for this project in 1978 and 1979 and that hopefully construction will begin in 1980 for use in 1981. He stated that there had been much public input so far and noted that many interested persons are in attendance at this evening's meeting. The Director of Public Works proceeded with a review of the preliminary plans for FI -94 showing a number of slides depicting the areas affected by this project. He stated that originally the Highway Department had not planned noise abatement barriers for FI -94 in the vicinity of the Chippeway Park apartments. He explained after review of this situation it had been agreed to construct noise abatement barriers in this area. He also reported that the Highway Department plans to purchase four homes and one vacant lot in the vicinity of the Camden Court area in conjunction with the project. 4 -25 -77 -8- The Director of Public Works announced that Duane Brown, Assistant District Engineer of Preliminary Design, and Robert Paine, Project Engineer for the Highway Department, are present at this evening's meeting to respond to any inquiries by the City Council. Councilman Lhotka inquired if there would be noise abatement barriers on Humboldt Avenue between 64th and 65th Avenues North. The Director of Public Works responded that the area in question does not meet State and Federal standards for noise abatement barriers and that the Highway Department is recommending that they not be installed on Humboldt Avenue to 65th Avenue North. Mayor Cohen commented regarding the traffic on Humboldt Avenue from the bridge over FI -94 to 65th Avenue North and expressed the opinion that an extension of the noise abatement barriers to 65th Avenue North should be pursued. A brief discussion ensued relative to th-e Humboldt Avenue overpass with the Director of Public Works explaining that the Highway Department had modified its design so that the Humboldt Avenue bridge, which would have less traffic, would be at the highest elevation, thus eliminating much of the noise emar_ating from the overpass. Mayor Cohen opened the meeting to interested property owners and recognized Mr. Henry Piela, 6230 Camden Avenue North; Mr. D. E. Johnson, 6242 Camden Avenue North; Mr. C. P. Denio, 6336 Emerson Avenue North; Mr. Joseph Zelinsky, 6342 Dupont Avenue North; Mrs. R. A. Modesette, 6337 Emerson Avenue North; Ernestine Denio, 6336 Emerson Avenue North; and Mr. Charles Sauter, 6336 Humboldt Avenue North. A lengthy dis- cussion ensued relative to the preliminary plans with the Director of Public Works and Mr. Paine responding to various questions put forth by those in attendance. In response to an inquiry relative to noise abatement barriers along Humboldt Avenue between 64th and 65th Avenues North, Mr. Paine stated that the Highway Department expects noise levels to be reduced once the Shingle Creek Parkway interchange is constructed. He further stated that MTC buses will be using the Shingle Creek Parkway interchange once it is constructed, thus lessening the noise levels along Humboldt north of the Freeway. He added that noise levels, with the elimination of the buses, have been determined to be tolerable by the PCA. Mr. Duane Brown, Assistant District Engineer, stated that the information obtained thus far does not warrant the extension of noise abatement walls along Humboldt Avenue to 65th Avenue North. Further discussion ensued relative to the noise abatement walls with Mayor Cohen suggesting that more study be undertaken to determine whether or not the noise factors are tolerable. In response to an inquiry relative to when final plan approval would be completed, Mr. Brown stated that they anticipate this to be done in approximately one to one and one -half years. RESOLUTION Member Bill Fignar introduced the following resolution NO. 77 -74 and moved its adoption: -9- 4 -25 -77 RESOLUTION APPROVING PRELIMINARY PLANS FOR THE IMPROVEMENT OF T.H. 94 FROM T.H. 152 TO T.H. 169 The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kucfler, 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 stated that the Highway Department will now proceed to draw more formal plans and that it is their intention to stay in contact with citizens in the area for their input and comment. He expressed his appre- ciation to all those who had made comments relative to the project and to the Highway Department representatives that were in attendance at this evening's meeting. The Brooklyn Center City Council recessed at'9:32 p.m. Recess and resumed at 9 :53 p.m. The City Manager introduced the next item of business Planning Commission on the agenda, that of Planning Commission Application Application No. 77001 No. 77001 submitted by Richard Rockstad. He stated (Richard Rockstad) that the application was a request to rezone, from R -5 to C -1 the property at the northeast corner 70th and Brooklyn Boulevard. He further stated that the City Council had reviewed the application on March 28, 1977 and had continued it until this evening's meeting on the basis that the proposal would be beneficial to the area and to the community, and had given direction that alternatives be developed to enable the proposal to proceed. The Director of Planning and Inspection proceeded with a review of a memorandum regarding alternatives for accom- plishing rezoning and development goals in conjunction with this Planning Commission application. He stated that basically there are three alternatives available which would address the matter of the compatibility of the C -1 service /Office type uses and R -5 and R -4 multiresidential type uses. He explained that alternative No. I would be an amendment of the Comprehensive Plan which would modify the present language which refers to planned development districts and would provide new language referring to the compatibility and comparability of certain multiresidential and certain service /office type uses. He stated that this procedure calls for notice to be pub - lished in the legal newspaper and for a public hearing to be held by the Planning Commission before adoption of a resolution by the City Council to amend the Comprehensive Plan. He added that this procedure would take approxi- mately three to four weeks to accomplish. He further stated that the rezoning, from R -4 or R -5 to C -1 or conversely from C -1 to R -4 or R-5, would then be con- sistent with the Comprehensive Plan. The Director of Planning and Inspection reported that alternative No. 2 is to amend the present zoning ordinance by permitting certain C -1 service /office uses as special uses in the R -5 and R -4 zoning districts. He stated that this alternative would be compatible with planned development districts which are acknowledged in the Comprehensive Plan. He pointed out on a transparency 4- 25-77 10 the planned development districts acknowledged in the Comprehensive Plan and stated that the essential difference between this alternative and alternative No. 1 is that a formal rezoning would not be necessary since, as special uses, each specific development would be looked at on its merits as a permitted special use in that zoning district. The Director of Planning and Inspection reported that alternative No. 3 would be to rezone the subject property with an accompanying resolution citing the policy determination and findings of the City Council, acknowledging that the proposal was consistent with the Comprehensive Plan. He stated that this alternative would set a precedent and that the City Council would have to be prepared to deal with future applications from property owners similarly located in this area or zoning district and treat each in a like manner. The Director of Planning and Inspection explained that procedurally each of the alternatives would require approximately the same amount of time since each involves an amendment to the ordinance He added that alternative No. 2 seems to be the most appropriate route to pursue since it would speak to the intent of the City Council and would provide a mechanism for review and approval of specific developments. He added that when the Comprehensive Plan is reviewed, revised and readopted within the next three years the matter could be explicitly treated in that document and formally reflected in subsequent amendments to the zoning ordinance. The City Manager pointed out that alternative No. 2, as a recommendation, is analogous to action taken by the City Council approximately a year ago which permitted certain commercial uses in the I -1 districts by special use permit. A lengthy discussion ensued relative to the three pro - posed alternatives. Councilman Fignar inquired if a special use permit in the R -4 or R -5 districts would be subject to annual review. The City Manager responded that because construction of permanent structures would occur, they would not be subject to annual review. Councilman Kuefler inquired as to the effect alternative No. 2 would have on the upcoming Comprehensive Plan review and future zoning. The Director of Planning and Inspection responded that the reality of today would be reflected in the Comprehensive Plan review and that it was possible that a new type of zone would be developed. Councilman Fignar inquired if alternative No. 2 would only affect Brooklyn Boulevard property, or if it would affect all R -4 and R -5 property in the City. The Director of Planning and Inspection responded that this alternative would affect only the remaining R -4 and R -5 property in the City. Mayor Cohen expressed the opinion that only the R -5 property should be considered. A lengthy discussion ensued relative to C -1 type uses in the R -5 area and possible traffic congestion problems. The Director of Public Works explained that the traffic load at peak hours would not be as great in C -1 areas as they would be in R -5 areas. He stated that traffic -11- 4 -25 -77 making use of an office building,- for example, would be spread out more evenly throughout the day, while traffic using an apartment generally has high volumes in the morning and evening during peak traffic hours. Councilman Britts stated that all of the alternatives presented seem to be methods for approval of Application No. 77001. He added that a fourth alternative would be to do nothing and leave the property in its present situation. The City Manager responded that the Council direction of March 28, 1977 included a statement that the rezoning from R -5 to C -1 would be beneficial to the area and to the community, and that the Council had directed that alternatives or options be put forth which would implement the proposal. Mayor Cohen recognized the applicant, Mr. Richard Rockstad, who stated that his major concern was to get the office building built as soon as possible. In response to an inquiry by Councilman Kuefler, Mr. Rockstad stated that his plans are to dedicate portions of the south portion of the property in question, along 70th Avenue, for pur- poses of widening that street. Further discussion ensued relative to the way the Council should proceed regarding this application and the time involved. Mayor Cohen opened the meeting to notified property Public Hearing owners for purposes of a public hearing. He recognized Mr. Dennis Baumeister, 7014 Brooklyn Boulevard, who stated the opinion that perhaps neither R -5 or C -1 type uses are the best uses for the property. He explained that he had purchased his property to use as a single family residence and that perhaps this would be the best type of use for the property in that area. Mayor Cohen recognized Mrs. Hagen, 7015 Kyle Avenue North, who stated that she was not in favor of the rezoning which would permit an office building in that area. Mayor Cohen also recognized the resident that lives directly across Brooklyn Boulevard from the Rockstad property, who was shown an artist's conception of Mr. Rockstad's plan for an office building. Councilman Britts commented that it is always painful when a residential area is changed to a commercial area and that he is not sure if he wants to see this happen as rapidly as it is now proceeding. He added that he would prefer a more careful study of the Comprehensive Plan which would involve more input from the people directly involved. He suggested continuing this application for more review and comment. Councilman Kuefler stated that R -5 and C -1 uses are compatible in nature and pointed to the Bermel Smaby building as an example of the interchangeability of these two zones He further stated that he felt the proposal would be an improvement to the area and that he sees the dedication for widening 70th Avenue as an asset. He spoke in favor of alternative No. 2 excluding reference to the R -4 districts for certain C -1 service /office uses. 4- 25--77 -1 1) Councilman Lhotka stated that he too sees the com- patibility of the C -1 and R -5 districts, but that he feels there should be further review and comment from the Planning Commission as to the alternatives proposed due to the Planning Commission's recommendation for denial of Application No. 77001. Councilman Fignar commented that it has been his experience that C -1 uses and R -5 uses are very com patibile and that in many cases there are less problems such as police problems, lighting problems, and litter- ing problems with service /office buildings than there are with the R -5 type of apartment. He commented that he doubted that the land value would decrease for surrounding properties and affected properties if service /office buildings were permitted in the R -5 districts. He too spoke in favor of alternative No. 2, deleting the reference to R -4 districts. Mayor Cohen also spoke in favor of alternative No. 2 and added that it would be proper to refer all three alternatives to the Planning Commission for their review and comment. Further discussion ensued relative to the alternatives and Application No. 77001 with it being the consensus of the Council to delete reference to the R -4 district from alternative No. 2. Action Continuing Following further discussion there was a motion by Planning Commission Councilman Fignar and seconded by Councilman Lhotka Application No. 77001 to continue Planning Commission Application No. 77001 (Richard Rockstad) submitted by Richard Rockstad and to direct the Planning Commission to review and comment on the alternatives submitted for addressing this application. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Planning Commission The City Manager introduced the next item of business Application No. 77013 on the agenda, that of Planning Commission Application (Mary Super) No. 77013 submitted by Mary Super. The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 77013 and the Planning Commission action at its April 14, 1977 meeting. He stated that the applicant is seeking preliminary plat approval involving property at and across from 5445 Lyndale Avenue North. He explained that the item comprehends the division of an existing lot which would result in the creation of a new parcel adjacent to 5445 Lyndale Avenue North on the west side of Lyndale. He further explained that the plat also comprehends the replatting of an existing outlot on the east side of Lyndale adjacent to the Mississippi River, and the parcel would continue to be designated as an unbuildable lot except that it would be part of this new description. Councilman Fignar left the table at 11:10 p.m. The Director of Planning and Inspection next reviewed a transparency showing the location and configuration of the property in question and a brief discussion ensued relative to the application. Councilman Kuefler inquired if the Mississippi River critical area designation has -13- 4 -25 -77 any effect on this property. The City Manager responded that the property is affected by this designation, but that it is not in conflict with the interim regulations for this critical area. Following a brief discussion there was a motion by Action Approving Councilman Lhotka and seconded by Councilman Britts to Planning Commission approve Planning Commission Application No. 77013 Application No. 77013 submitted by Mrs. Mary Super subject to the following (Mary Super) conditions: 1 The final plat is subject to approval by the City Engineer. 2. The final plat is subject to the requirements of Chapter 15 of the City Ordinances. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, and Lhotka. Voting against: none. The motion passed. Councilman Fignar was away from th-e table at the time of the vote. The City Manager introduced the next item of business Planning Commission on the agenda, that of Planning Commission Application Application No. 77015 No. 77015 submitted by Robert DeGardner. (Robert DeGardner) The Director of Planning and Inspection proceeded with a_review of Planning Commission Application No. 77015 and the Planning Commission action at its April 14, 1977 meeting. He stated that the applicant is seeking a variance from Chapter 15 to permit subdivision by metes and bounds description of the property at 5450 Emerson Avenue North. He explained that the property is a legal single parcel comprised of four approximate forty foot wide lots platted in the early N and E Perkins Addition at the southeast corner of 55th and Emerson Avenues North. He added that the proposed division would create an approximate sixty foot lot consisting of one of the forty foot lots and half of an adjacent lot south of the existing dwelling. He pointed out that sixty foot lots for single family dwellings are permitted by the subdivision ordinance in the R -2 district and that the proposed lot would be approximately 7,700 square feet in area which exceeds the ordinance minimum. He next reviewed a transparency showing the location and configuration of the property in question, and a brief discussion ensued relative to the application. Mayor Cohen opened the meeting for purposes of a public Public Hearing hearing. No one spoke relating to the application. Following a brief discussion there was a motion by Action Approving Councilman Britts and seconded by Councilman Lhotka to Planning Commission approve Planning Commission Application No. 77015 Application No. 77015 submitted by Robert DeGardner since the request is con- (Robert DeGardner) sistent with the standards for variance from Chapter 15; the proposed division and description does not detract or confuse the existing description; division by metes and bounds description has been permitted on already platted parcels in circumstances similar to this in the southeast neighborhood; and, subject to the conditions that no other variances are implied or granted. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, and Lhotka. Voting against: none. The motion passed. Councilman Fignar was away from the table at the time of the `rote. 4 -25 -77 -i u- Amendment to The City Manager introduced the next item of business, Planning Commission that of consideration of Planning Commission Application Application Nos. 76041 Nos. 76041 and 76044 submitted by Meadow Corporation. and 76044 (Meadow He stated that Application No. 76041 consists of an Corporation) amendment to the site and building plans for the Fox Run project while Application No. 76044 consists of a modification to the preliminary plat for the Fox Run project. The Director of Planning and Inspection proceeded with a review of the two applications in question and the Planning Commission action at its April 14, 1977 meeting. He reported that Application No. 76041 which consisted of the master plan, preliminary plat, and site and building plans for Phase I of the Fox Run project was approved by the City Council on October 18, 1976. He added that on February 28, 1977 the City Council approved an amendment to these plans consisting of a widening of the main roadway and an increased front yard setback of the proposed units along that roadway . He stated that the applicant now proposes to amend the site and building plans in conjunction with the recently adopted ordinance amendment which affects planned residential developments by permitting single family attached dwellings platted as condominium developments. He added that the proposal comprehends virtually all two unit structures, each on their own lot, and that the only townhouses (by definition three or more units horizontally attached) would be developed in the latter phases at the north end of the project. The Director of Planning and Inspection reported that the amendment to Application No. 76044 comprehends an amendment to the preliminary plat for the planned residential development which was previously approved by the City Council on October 18, 1976. He added that this amendment relates to the site and building plan amendments under Application No. 76041 , namely the provision for two unit condominium dwellings throughout the project except for the townhouse type structures to be developed in the later phases. He next reviewed a trans- parency showing the location and configuration of the property in question. Councilman Fignar returned to the table at 11:20 p.m. The Director of Planning and Inspection next proceeded to review the site and building plans and the preliminary plat with members of the City Council, and a brief discussion ensued. Mayor Cohen recognized the applicant, Mr. Duane Dietrich, who stated that he had nothing further to add to the application. In response to an inquiry Mr. Dietrich stated that lie has plans to change the name of the project from Fox Run to The Ponds for marketing purposes and that the changes would be made on the related documents. Action Approving Following a brief discussion there was a motion by Amendment to Councilman l3ritts , seconded by Councilman Lhotka to Planning Commission approve the amendments to Planning Commission Application No. 76041 Application No. 76041 relative to the provision for two (Meadow Corporation) unit single family attached condominium units as indicated on the master plan, and specifically with respect to site -IS- 4 -25 -77 and building plans for Phase I subject to the original conditions of the approval by the City Council on October 18, 1976. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Following a brief discussion there was a motion by Action Approving Councilman Lhotka and seconded by Councilman Fignar Amendment to to approve the amendment to Planning Commission Planning Commission Application No. 76044 subject to the following conditions: Application No. 76044 (Meadow Corporation) 1 . The final plat is subject to approval by the City Engineer. 2. The final plat is subject to the requirements of Chapter 15 of the City Ordinances. 3. The ownership, management and maintenance of all outside common areas and common facilities, including roadways, utilities and street lighting shall be under the jurisdiction of one homeowners' association. 4, homeowners' association agreements and bylaws shall be submitted to the City; shall be subject to review and approval by the City 'Attorney; and shall include: a. Provisions for the City to provide maintenance and revitalization of roadways, utilities and other common use facilities, in the event the City deems such maintenance and revitalization necessary, with the cost of such expense which might be incurred to be assessed to the property owner. b. Provisions for water and sewer main and fire hydrant maintenance and inspection agreements pursuant to Section 35 -410 (5) to the City Ordinances. S. The approval of the proposed amendment compre- hends Blocks 1 and 2 with 20 platted lots in Phase I, as well as Outlots A through F as reflected on the original approved preliminary plat. Voting in favor Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Member Maurice Britts introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -75 RESOLUTION ORDERING WATER MAIN TRANSMISSION IMPROVEMENT PROJECT NO. 1976 -10 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. 4_ -77 r -1p- RESOLUTION Member Tony Kuefler introduced the following resolution NO. 77 -76 and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (WATER MAIN AND SANITARY SEWER CONTRACT 1977 -A) 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 Gene Lhotka introduced the following resolution NO. 77 -77 and moved its adoption: RESOLUTION.ACCEPTING BID AND APPROVING CONTRACT FORM (TENNIS COURT 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. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 77 -78 and moved its adoption: RESOLUTION ACCEPTING BID FOR FURNISHING BITUMINOUS OIL 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 Bill Fignar introduced the following resolution NO. 77 -79 and moved its adoption: RESOLUTION ACCEPTING BID FOR PLANT -MIXED BITUMINOUS MATERIAL 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 Gene Lhotka introduced the following resolution NO. 77 -80 and moved its adoption: RESOLUTION ACCEPTING BID FOR STABILIZED GI:AVEL AND FINE AGGREGATE FOR SEAL COAT -17- 4- 25--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 -81 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR STREET GRADING, BASE & SURFACING IMPROVEMENT PROJECT NOS. 1977 -3, 1977 -6 AND 1974 -32, AND CURB & GUTTER IMPROVEMENT PROJECT NOS. 1977 -4 AND 1974 -33, AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1977 -C) 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. Member Maurice Britts introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -82 RESOLUTION ESTABLISHING PEDESTRIAN- BICYCLE BRIDGE IMPROVEMENT PROJECT NO, 1977 -10 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 -83 RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 77009 SUBMITTED BY MR. ROGER LANGE 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, The City Manager introduced the next item of business, HF 805 that of a resolution recommended for the purposes of opposing HF 805. He stated that HF 805 would permit supervisory and confidential employees of public juris- dictions to be represented by the same union which represents nonsupervisory and nonconfidential employees. He explained that the bill is being promoted by the AFSME union and would strip public employers of virtually any defenses which it might otherwise have in a strike s ituation. 4- 25-•77 -18- Councilman Britts reported that this House File is presently out of committee and on the floor of the State House of Representatives. He commented that he has mixed feelings about it, pointing out that he is not opposed to having unions represent management and supervisory employees but he does not favor the idea of having both supervisory and subordinate employees being represented under the same bargaining unit. Councilman Lhotka stated that it is not compatible to have supervisory and subordinate personnel in the same bargaining unit, and stated that for this reason he opposes HF 805. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 77 -84 and moved its adoption: RESOLUTION OPPOSING HOUSE FILE 805 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 Gene Lhotka introduced the following resolution NO. 77 -85 and moved its adoption: RESOLUTION RELATIVE TO SUBDIVISION BOND FOR ROBERT BARR ADDITION 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 resolution NO. 77 -86 and moved its adoption: RESOLUTION RECOGNIZING HENRY DAVIS' TWENTY -FIVE YEARS OF PUBLIC SERVICE 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 Maurice Britts introduced the following resolution NO. 77 -87 and moved its adoption: RESOLUT -ION DEC11ARING APRIL 30 THROUGH MAY 15 AS THE DATES FOR THE ANNUAL "PRIDE IN YOUR CITY CAMPAIGN" I -19- 4- -25 -77 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 fallowing voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager reported that a Mr. Charles Sellars, Final Plat 1703 59th Avenue North, was recently apprehended moving (Charles Sellars) a garage on his own property without a building permit. He explained that during the investigation it was found that Mr. Sellars wished to move the garage to a location which would encroach on a proposed five foot utility easement. He reported that Mr. Sellars had received final plat approval from the City Council in 1975 which reflected this five foot easement, but the plat had never been filed The City Manager recommended that the easement be changed from five feet to three feet to resolve the problem. He stated that there are no complications regarding the amendment to the plat and that NSP has been contacted. He added that building permits would not be issued until after the plat has been filed. Motion by Councilman Fignar and seconded by Final Plat Approval Councilman Britts to approve an easement amendment to (Charles Sellars) the final plat for the Charles Sellars' property at 1703 59th Avenue North. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka . Voting against: none. The motion passed unanimously. Member Tony Kuefler introduced the following ordinance ORDINANCE and moved its adoption: NO. 77 -7 AN ORDINANCE AMENDING CHAPTER 35 RELATIVE TO REZONING PROPERTY FROM I -2 TO C -2 AS COMPRE- HENDED BY APPLICATIONS NO. 76009 AND NO. 76020 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: S 1 . Section 35 -1210 is hereby amended, in part, as follows: I [ That area bounded by the following: The north line of the south half of Section 10 on the north; the northerly right -of -way line of State Highway No. 100 on the east and south, Azelia Avenue (and Azelia Avenue extended) on the west.] Lots 1 , 2, and 3 of Block I, Dale and Davies 1 st Addition, Section 2. Section 35 -1190 is hereby amended by the addition of the following: Lots 8 through 18, inclusive, of Block 1 , Lakebreeze Addition. 4 -25 -77 -20- I That area described as: The south 33 feet of the no rth 233.62 feet of that part of the east 1,013.17 fe et of the south 31.28 acres of Government Lot 3 ly in west o f Highway No. 100 also, the north 200.62 feet of that part of the east 1,263.3 feet of the south 31.28 acres of Government Lot 3 lying west of Highway 100 (more commonly described as Plat 89010, Parcel 2810 Section 3. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 25th day of April, 1977. The motion for the adoption of the foregoing ordinance 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 ordinance was declared duly passed and adopted. Horne Improvement The City Manager introduced the next item of business, Grant Program that of a status report on a home improvement grant program and various recommendations relating to a priority rating system through which eligible applicants will be evaluated. Mayor Cohen left the table at 12:12 p.m. The City Manager stated that the City Council in July, 1976 had adopted a resolution requesting the Metropolitan Housing and Redevelopment Authority to include the City in a blanket application for the State Home Improvement Grant Program. lle added that a cooperative rehabilitation grant program contract was entered into by the City and the Metropolitan Housing and Redevelopment Authority on December 16, 1976 which is the basis for imple- menting this program. He reported that Brooklyn Center's allocation of the total State funds available is $15,236 and that the grants must be expended by August 31 , 1977. He further explained that the program has been well advertised both in the Manager's Newsletter and the Brooklyn Center Post, and that preliminary applications have been sent to a number of people that feel they are eligible for the grant program. He next referred to a memorandum that had been submitted to the City Council regarding the Home Improvement Grant Program. He explained that the purpose of the program is to assist low income homeowners in making repairs to their homes for the purpose of correcting defects affecting directly the safety, habitability, and energy usage of their home. Mayor Cohen returned to the table at 12 :14 p.m. The City Manager reported that the State Housing Finance Agency has established the basic eligibility criteria for applicants which includes home ownership, occupancy of the home, and an annual adjusted gross income not in excess of $5,000 and gross assets not exceedirig $25,000. He added that the criteria also provide that at least 50% of the approved grant applications shall be to persons who are 62 years of age or older. He stated that the local unit of government is authorized to establish other -21- 4- 25°-77 priorities not in conflict with those already set forth by the State Housing Finance Agency to meet specific planning goals and objectives. IIe reported that a priority ranking system for awarding grant funds was reviewed and recommended by the Housing Commission on April 21 , 1977 and consists of five factors: the income level of the applicant, the extent to which an applicant's proposal is deemed energy related, the extent to which the applicant's proposal consists of code related improvements bearing on imminent health and safety aspects, the age of the applicant, and the extent to which the applicant's proposal will have a positive impact upon his neighborhood. He stated that the first four factors are mandated by the State Housing Finance Agency while the neighborhood impact criteria are based on the fact that there are limited funds that should be used for the greatest impact. He concluded his report by stating that if the priority ranking system meets with the Council's approval, the applications will be ranked and reviewed by the Housing Commission which will make a recom- mendation for final approval by the City Council. In response to an inquiry by Councilman Fignar, the Director of Planning and Inspection briefly reviewed the concerns of the Housing Commission regarding the priority ranking criteria. He stated that the Housing Commission would like the opportunity to again review the criteria if the grant program is carried over into next year and that they would also like to see if there are other sources of funding for areas not affected by this grant program. A brief discussion ensued relative to the Home Improve- ment Grant Program and the Section 8 Rent Assistance Program. The City Manager commented that there had been discussion regarding various housing programs at the time the City's 1977 HRA budget was discussed. He explained that it was the intention of the City Council to become involved in the grant program to use it as an indicator of the need for various rehabilitation projects in the City for low income families. He reported that at this time the number of grant requests made by eligible applicants does not exceed the amount of funds available. He further explained that the Rent Assistance Program seems to be a more popular and viable program with many more eligible applicants than there are available funds. He added that based on these facts there seems to be more of a need in Brooklyn Center for rent assistance than for home improvement grants. Further discussion ensued relative to the Rent Assistance Program and the possibility of a mini Section 8 Rent Assistance Program for Brooklyn Center residents using local HRA funds. Following the discussion there was a motion by Councilman Britts and seconded by Councilman Lhotka to request the City Manager to pursue the feasibility of providing a local Rent Assistance Program for Brooklyn Center. Voting in favor.: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. 4-25 -77 -22 Following further discussion there was a motion by Councilman Fignar, seconded by Councilman Britts to accept the priority ranking system as recommended by the Housing Commission and to proceed with the Home Improvement Grant Program. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Insurance Company The City Manager next reported that the City's insurance Defense Denial carrier has denied a request to provide a legal defense for the City in a lawsuit involving the alleged loss of $6,000. He stated that because the allegation is con - strued to involve an intentional act, not a negligent act, the insurance company has denied any responsibility for defending the City. He reported that once the lawsuit has ended, he is seriously considering recommending to the City Council that the City sue its insurance company for their failure to defend the City in this action. He further reported that the City Attorney has reviewed State Statutes and has determined that the City must also provide the officers involved in the alleged intentional act with a legal defense because the allegation involving the officers and the City is nearly synonymous. He recommended that the City Council authorize the City Attorney to provide a legal defense for both the City and the officers involved. Action Authorizing Following a brief discussion there was a motion by Legal Defense Councilman Kuefler and' seconded by Councilman Britts to authorize the City Attorney to provide the legal defense for the City and officers Steven McComb and Dennis Flaherty in the Walter jogodka lawsuit. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Councilman Lhotka left the table at 12:40 p.m. and returned at 12 :42 p.m. 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. Fire Relief Association The City Manager next briefly reviewed a copy of the Financial Statement Annual Fire Relief Association Financial Statement prepared by the City's Finance Department which had been furnished to members of the City Council. A brief discussion ensued relative to the Financial Statement with the City Manager commenting that after an actuarial study is completed and if it is determined that there is a need to change or update benefits associated with the Firemen's Relief Association, the City will have to seek enabling legislation from the State Legislature to change or update it. He added that once this enabling legis- lation is obtained each charge or update would have to be approved by the City Council. Licenses Motion by Councilman Kuefler and seconded by Councilman Fignar to approve the following licenses: ME SYSTEM LICENSE Horwitz Mechanical, Inc. 1411 11th Ave. S Mill City Htg. & Air Cond. 13005 B. 16th Ave. N. Golden Valley Air Cond. 5182 W. Broadway -23- 4 -25 -77 MO TOR VEHIC DEALER'S L Iten Chevrolet Co. 6701 Brooklyn Blvd. North Star Dodge 6740 Brooklyn Blvd. Bob Ryan Oldsmobile 6700 Brooklyn Blvd. Pontiac of Brookdale 6801 Brooklyn Blvd. RENTAL DWELLING LICENSE Initial: Donald Foster 5100 Brooklyn Blvd. Fred Johnson 5324 Bryant Ave. N. Ralph C. Johnson 5440 -44 Bryant Ave. N. Alfred & Myrtle Herlitz 7037 Drew Ave. N. Alfred & Myrtle Herlitz 7018 Emerson Ave. N. Richard Baanrud 2401 -03 54th Ave. N. Renewal: Kenneth Bergstrom Hi Crest Apts . Edward & Helen Peterka 3401 -13 47th Ave. N. Nick Jagodzinski 3501 47th Ave. N. Quality Investment Co. 3513 47th Ave. No Dennis Brekke 3601 47th Ave. N. Robert Huber 3613 47th Ave. N. Donald Sobania 3701 47th Ave. N. Donald Wilson & Michael Boyle 3713 47th Ave. N. Lucille Hanggi 3725 47th Ave. N. Transfer: Robert Berglund 6833 -35 Noble Ave. N. SWIMMING POOL LICENSE Beach Apartments 4201 Lakeside Ave. N. Brookdale 10 53rd & Hwy. 100 European Health Spa 2920 Co. Rd. 10 Holiday Inn 1501 Freeway Blvd. Marvin Garden Townhouses 4703 68th Ave. N. TEMPORARY ON -SALE NONINTOXICATIN LIQUO LICENSE Brooklyn Center Police Assoc. 6301 Shingle Ck. Pkwy. 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 Adjournment Councilman Britts to adjourn the meeting. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, F- ignar, and Lhotka, Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 12:46 p.m. j r Clerk Mayor 4- -25 -77 -24-