Loading...
HomeMy WebLinkAbout1977 05-09 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 MAY 9, 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 Finance Paul Holmlund, Director of Planning and Inspection Blair Tremere, Assistant City Engineer Dennis Brown, and Administrative Assistants Brad Hoffman and Ronald Warren. Approval of Minutes Motion by Councilman Fignar and seconded by 4 -25 -77 Councilman Kuefler to approve the minutes of the April 25, 1977 City Council meeting as submitted. Voting in favor: Mayor Cohen.,, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none The motion passed unanimously. Approval f o Fire Relief pp Motion by Councilman Lhotka and seconded by Association Investments Councilman Fignar to approve the following Fire Relief Association investments: 1. The purchase of a $100,000 Federal Home Loan Mortgage Corporation Participation Certificate at a cost of $98,500, which is a 30 year mortgage with a 12 year average life at 8% interest with a bond equivalent yield of 8.20 %. 2. The sale of $20,000 of Montgomery Ward Credit Corporation Bonds which are due February 1 , 1981 at 91-1/2. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Mayoral Appointment Mayor Cohen recommended deferring consideration of an to the Park and appointment to the Park and Recreation Commission and Recreation Commission an appointment to Park Service Area IV because additional applications have been submitted which should be reviewed. Mayoral Appointment Mayor Cohen announced his appointment of Bernard to the Conservation Wesloh, 6401 Major Avenue North, and requested Council_ Commission confirmation. He stated that Mr. Wesloh has been a resident of Brooklyn Center for approximately thirteen years and is presently a science teacher at Brooklyn Center High School. He explained that Mary Ellen Vetter, Chairman of the Conservation Commission, and Council- man Britts had interviewed a number of prospective applicants and had recommended Mr. Wesloh's appoint - ment. Councilman Britts stated that he was very impressed with all of the candidates interviewed and that he hoped that those not appointed could work with the Conservation Commission's Task Force. He added that -1- 5 -9 -77 Mr. Wesloh, who has taught ecology related courses for the last seventeen years, should bring a new approach and insight to the Commission. Motion by Councilman Britts and seconded by Councilman Fignar to confirm Mayor Cohen's appoint- ment of Bernard Wesloh, 6401 Major Avenue North, to the Conservation Commission effective immediately for a term to expire December 31 , 1978. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Mayor Cohen next formally presented a resolution Health Officer expressing recognition and appreciation for the dedicated Presentation public service of Dr. R. I. Shragg, who had served the City of Brooklyn Center as Health Officer from January 20, 1964 through March 14, 1977. Motion by Councilman Kuefler and seconded by Performance Bond Councilman Lhotka to authorize reduction of the Reducation (Acme performance agreement financial guarantee for Acme Typewriter Company) Typewriter Company, 1900 57th Avenue North, from $10 , 000 to $750 on the basis of performance obligations which have been satisfied. 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 Public Hearings on the agenda, that of the scheduled public hearings for Improvement Projects No. 1977- -7 and 1977 -8. He stated that the hearings for these two improvement projects were continued from the April 25 meeting to permit the affected property owner to determine whether or not he wishes the projects to be installed. He explained that Improvement Project No. 1977 -7 involves the installation of a water main across park property from County Road 10 to the property owned by a Mr. Thompson while Improvement Project No. 1977 -8 involves the installation of a sanitary sewer in the same area. He briefly reviewed the history of the Thompson property, which is landlocked, and explained that the then Village Council in 1963 had granted a variance to Mr. Thompson to build on the property which does not have access to a public street. He further explained that this fact was recognized by the then Village Council and that approval of the variance was with the understanding that the City would not be obligated in any manner to furnish utilities to the property. The City Manager stated that the City, in 1973, had purchased the property north of the Thompson property for open space and park purposes. He further stated that Mr. Thompson has requested the installation of the water main and sanitary sewer to service his property and that the Director of Public Works has been negotiating with Mr. Thompson and his attorney regarding the sharing of costs for these water and sewer improvement projects. The Director of Public Works reviewed a transparency showing the location and configuration of the properties in question. He explained that the installation of the water main and sanitary sewer would be about ten feet apart from each other and run approximately 265 feet across park property to the Thompson property from a point on the south right -of -way line on County Road 10 5-9-77 -2 - lying approximately 297 feet to 307 feet westerly of the center line of June Avenue North. He pointed out on the transparency, the location of a legal description redefini- tion such that at low water level access to the lake from the City open space property would be possible. He stated that the amount of property involved in the redefinition of description is negligible, and would only serve the purpose of precisely defining the distance of the northerly boundary of the Thompson property which would avoid any property and access disputes if Twin Lake were at an extremely low water level. The Director. of Public Works further stated that he had talked today with Mr. Thompson who had expressed his willingness to redefine the description. He reported that Mr. Thompson's attorney, in a letter, has suggested that the City should bear five - eighths of the cost of the improve- ment projects based on his understanding of the assessment ratio for lift station and interceptor installed in that area in 1967. He contended that at that time Mr. Thompson's property was assessed three- eighths of the cost for the improvement projects and the Edling property, now City park and open space property, was assessed five- eighths of the cost of the improvements. The Director of Public Works reported that the position taken on behalf of the City in negotiating this improvement project is that the City property to the north of Mr. Thompson's, with the dedication, would only benefit from 25% of the total project while the Thompson property would benefit from 75% of the project and, thus, it is recommended that Mr. Thompson be assessed 75% of the cost with the City being responsible for the remaining 25% based on the benefit the City property would receive. The Director of Public Works recommended that the City Council first give consideration and hold a public hearing for Sanitary Sewer Improvement Project No. 1977 -8 and then do the same for Water Main Improvement Project No. 1977 -7. In response to an inquiry by Mayor Cohen, the Director of Public Works stated that the Council should agree on a tentative method for assessing the project at this time, in conjunction with ordering construction of the two improvement projects. He further stated that the standard procedure is to establish a tentative method of assess- ment at the time the improvement project is considered, which allows the affected property owners to know how the project will be assessed, and then formally set the assessment rate at the fall assessment hearings at which time the property owner is given an opportunity to appeal the City Council's: decision. The Director of Public Works then reviewed the 1963 Village Council minutes relating to Planning Commission Application No. 63012 which authorized Mr. Thompson a variance to build a single family home on the property and conditioned the approval on 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. -3- 5 -9 -77 Councilman Fignar inquired if the City -owned park property could be developed for other than park or open space purposes. The City Manager responded that the land was acquired under a Federal open space grant with the condition that the land be used for park and open space purposes only. He explained that this condition prohibits the City from selling the property or using it for other than park or open space purposes. Councilman Fignar stated that he favored a 25% City /75% Thompson assessment method based on the fact that the City -owned park land cannot be developed for other than park purposes. Councilman Lhotka inquired as to the 1967 assessment method for the lift station and interceptors that were installed in that area. The Director of Public Works responded that the Thompson property, in addition to other property in the area, was assessed in proportion to its area for the installation of the lift station and the interceptors in 1967. It was not assessed on a three- eighths /five eighths basis. He added that the Thompson property was never assessed for lateral sewer or water. Councilman Britts inquired as to the rationale for assessing the Thompson property for a lift station when it was intended that the Thompson property would not be serviced with sewer and water at that time. The Director of Public Works responded that pursuant to policy all of the properties in the area were assessed on a proportionate area basis whether or not they were hooked up to City utilities based on the assumption that the properties were uniformly benefited and at some point in time could hook up to City utilities. Councilman Kuefler pointed out that the City did not purchase the Edling property until 1973, after the installation of the lift station and interceptors in 1967. He.stated that when the property became park property it changed in character and can no longer be developed or used in a manner similar to its potential in 1967 when it was assessed for the lift station and interceptor improve- ment projects. The Director of Public Works next proceeded to review a data sheet regarding Sanitary Sewer Improvement Project No. 1977 -8. He stated that the estimated cost of the project is $3,275 which includes $1,125 for extending the sewer forty feet into Mr. Thompson's property. He added that based on the 25% City /75% property owner assessment method the City would pay $537.50 with the property owner being responsible for the remainder of the costs. Following a brief discussion Mayor Cohen opened the Public Hearing meeting for purposes of a public hearing regarding Sanitary Sewer. Improvement Project No. 1977 -8 and recognized Mr. Vincent Johnson, attorney representing Mr. Thompson. Mr.. Johnson stated that his client is in favor of the services being provided his property but disagrees with the method of assessment. He proposed that the City pay five- eighths of the cost of the improvement project while Mr. Thompson be responsible for three - eighths of the project based upon his perception of the assessment formula used for assessing the properties in 1967 for the lift station and interceptor improvement projects. He explained at that time the Edling property, now City park 5 -9 -77 -4- and open space property, had a potential for five buildable lots while the Thompson property had a potential for three buildable lots. He stated that if the City -owned park property was now private property an assessment method of this nature would in all likelihood be utilized. He added that this would be the most equitable manner to assess the improvement projects. Councilman Kuefler inquired if the City were to install a lift station and interceptor in'that same area today, would the City assess itself for the improvement? The City Manager .responded that existing policy would provide that the City participate only if there was a street that ran between park property and private property. He stated that this type of City participation is based on the assumption that persons living across the street from a park would otherwise be unjustly penalized by the assessment for living where they do. In response to an inquiry by Councilman Britts the Director of Public Works explained that the master plan, prior to the City purchasing the open space property in 1973, called for the eventual construction of a roadway in the area to the Thompson property. Councilman Britts further inquired as to the procedure that would have to be followed if Mr. Thompson wanted sanitary sewer and water improvements, and the property to the north was not City property. The City Manager responded that if the property was privately owned and platted, there would have to be a petition signed by a majority of the affected property owners. He further stated that if the projects were approved by the City Council, the assess - ments would be based on the benefit to these property owners and that the City would not share in the costs of the projects at all. Further discussion ensued relative to the improvement project and the method of assessment. The City Attorney stated that the discussion is somewhat misleading and that the assessment decision relates directly to Chapter 429 of Minnesota Statutes which calls for assessments to be based on benefit from the improvement project. He further stated that when the City purchased the open space property in 1973 it paid assessments relating to the property. He added that the property was purchased using a Federal open space grant and that there is a covenant associated with the purchase that requires the property not be used for anything other than park purposes. He explained that the benefits to the properties in question boil down to the potential for one sewer connection for the park property and potentially three connections for the Thompson property, thus the assessment ratio of 25% City /75% Thompson. He further explained that the five- eighths City /three- eighths Thompson assessment ratio, based on how the properties were assessed in 1967 for a lift station and an inter- ceptor, is not relevant. Mayor Cohen questioned if a tentative assessment rate for the project should be determined this evening. He requested the City Attorney to prepare a legal opinion regarding the effect of Section 429 of the Minnesota Statutes on this assessment matter. -5- 5 -9 -77 The City Manager pointed out that although the City Ccuncil does not have to legally set an assessment until the fall, it generally has set a tentative assessment rate at the time an improvement project is approved, which allows affected property owners the choice of going ahead with the project or not, based on the costs involved. A brief discussion ensued relative to the description redefinition to clarify potential lake access problems from the City park property if Twin Lake were at a low water level. Mayor Cohen inquired as to the status of the improvement project if there is no such redefinition and Mr. Thompson still wants the improvement project to go ahead. The City Manager responded that there would have to be further negotiations. He stated that any City cost participation is based on the recommenda- tion to the Council that construction of the improvement project be based on the property description being redefined to clarify potential problems. Mayor Cohen stated his opinion that for the City to pay more than 25% of the assessment would require more information, and if the property owner feels another method of assessment is appropriate he will have to make a case at the fall assessment hearings. The Mayor again recognized Vincent Johnson, attorney for Mr. Thompson, who stated that Mr. Thompson wants to go ahead with the project but that it is their con- tention that the five - eighths City /three- eighths Thompson assessment is the most equitable based on the lift station and interceptor assessments of 1967. Motion by Councilman Fignar and seconded by Close Public Councilman Britts to close the public hearing on Sanitary Hearing Sewer Improvement Project No. 1977 -8. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. The Director of Public Works next proceeded to review Water Main Improvement Project No. 1977-7 which con- sists of the construction of a water main for the same area. He stated that the total cost of the project is $4,300 with the City participating by sharing in 25% of the $3,950 cost of the installation, or $987.50, while the property owner would pay 75 %, or $2,962.50 plus a $350 service cost for a total of $3,312.50. He explained that the construction of the improvement project was based on the redefining of the property line previously mentioned. Mayor Cohen opened the meeting to notified property Public Hearing owners regarding Water Main Improvement Project No. 1977 -7 and again recognized Mr, Vincent Johnson, attorney for the property owner Mr. Thompson. Mr. Johnson stated that his client could potentially have three hookups on his property, while the City's property could have at least one hookup on the park property, possibly even more. He further stated that his client is prepared to redefine the property description to clarify potential access problems to the lake from City property. Because of this, he added, the assessment ratio should be some- thing more than a 25% City /75% Thompson split. 5- -6- Further discussion ensued with the City Attorney pointing out that the method of assessment cannot be premised upon the property description redefinition. The City Manager concurred that the Council's assess- ment policy cannot be contingent upon the redefinition, but suggested that the decision to order construction of the improvement project can be based on the redefinition. Councilman Britts stated that with the facts as they are the 25% City /75% property owner method of assessment is proper and that the construction of the improvement project should be contingent upon resolving the potential property line problem. He further stated that if the City had not purchased the Edling property in 1973 and it was still private property with a potential for five platted lots, the five - eighths /three- eighths assessment method, with no City participation, might be more proper. Close Public Motion by Councilman Kuefler and seconded by Hearing Councilman Lhotka to close the public hearing for -Water Main Improvement Project No. 1977 -7. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Following a lengthy discussion regarding Improvement Projects No. 1977 -7 and 1977 -8 it was the consensus of the Council that the installation of these projects be contingent upon redefining the north boundary line of the Thompson property and that a tentative method of assess - ment for the projects be established. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 77 -88 and moved its adoption: RESOLUTION ORDERING WATER MAIN IMPROVEMENT PROJECT NO. 1977 -7 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 -89 and moved its adoption: RESOLUTION ORDERING SANITARY SEWER IMPROVEMENT PROJECT NO. 1977 -8 The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -7- 5 -9 -77 A further discussion ensued relative to the method of assessment with the City Manager pointing'out that if the City were to provide sewer and water facilities to serve its park property alone, absent a request for these services from Mr: Thompson, it would be cheaper to do so by directly hooking up at County Road 10 rather than to have the utilities furnished in the manner proposed by these projects. Motion by Councilman Kuefler and seconded by Action Establishing Councilman Fignar to tentatively establish a 25% City Tentative Method participation /75% property owner participation for the of Assessment for costs associated with Improvement Projects 1977 -7 and Improvement Projects 1977 -8. Voting in favor: Mayor Cohen, Councilmen No. 1977 -7 & 1977 -8 Britts , Kuefler, Fignar, and Lhotka . Voting against: none. The motion passed unanimously. Mayor Cohen again requested that the City Attorney prepare a report regarding the effect of Chapter 429 of the Minnesota Statutes as it relates to this assessment matter. The Brooklyn Center City Council recessed at 9:08 p.m. Recess and resumed at 9 :28 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 of 70th and Brooklyn Boulevard. He further stated that the City Council had reviewed the application on March 28, 1977 and had determined that the applicant's plans for a C -1 service /office type use was beneficial to the area and to the community, and had given direction that various alternatives be developed to enable the proposal to proceed. He explained that three alternatives had been presented to the Council on April 25, 1977 and following extensive discussion and review the Council had indicated their preference to amend the present zoning ordinance by permitting certain C -1 service /office uses as special uses in the R -5 districts. He stated that the Council at that meeting had continued consideration of this appli- cation and had directed the Planning Commission to review and comment on the various alternatives submitted for addressing this application. He reported that the Planning Commission on April 28, 1977 had reviewed the various alternatives and had recommended the alternatives which would allow C -1 land uses in R -5 zoning districts by special use permit. He further reported that the Planning Commission had also recommended that Section 35 -220 of the zoning ordinance also be amended so that the radius of notices sent to neighboring property owners regarding these special uses be increased from 150 feet to 350 feet. Mayor Cohen inquired as to the procedures the applicant should follow if the Council were to approve the ordinance amending Chapter 35 which would permit certain C -1 service /office uses in the R -5 district. He further inquired if the Council should first consider the recommended ordinance or proceed with Mr. Rockstad's application for rezoning. The City Manager responded that consideration of the ordinance should proceed consideration of Planning 5 -9 -77 -$- Commission Application No. 77001. He stated that if the ordinance receives a favorable consideration, the applicant, Mr. Rockstad, could then withdraw his request for rezoning and resubmit a planning application for a special use permit. He added that if Mr. Rockstad does not wish to withdraw the application and would like it to proceed on its own merits, that the Council, in all likelihood, would deny the application because there appears no justification for only rezoning the particular parcels in question. Mayor. Cohen recognized the applicant, Mr. Richard Rockstad, who stated that he had nothing further to add to the application. Public Hearing Mayor Cohen opened the meeting for purposes of a public hearing regarding Planning Commission Application No. 77001. No one spoke relating to the application. A brief discussion ensued relative to the proposed ordinance and Application No. 77001. Councilman Kuefler referred to the ordinance recommended for the City Council's consideration and stated that there is no reference to the expansion of the radius of notice to 350 feet. The City Manager responded that each ordinance amendment stands on its own merits and that if the Council desires to increase the radius of notice to 350 feet such an ordinance amendment could be presented to the Council. It was the consensus of the Council that an ordinance amendment increasing the radius of notice to 350 feet be prepared for the Council's consideration at the May 23, 1977 City Council meeting. ORDINANCE Following a brief discussion there was a motion by First Reading Councilman Fignar and seconded by Councilman Kuefler to offer for first reading an ordinance amending Chapter 35 of the City Ordinances relative to special service/ office uses in the R -5 district. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Mayor Cohen inquired of Mr. Rockstad as to the way he wishes to proceed with Application No. 77001. Mr. Rockstad responded by requesting that his application be withdrawn. Action Acknowledging Motion by Councilman Britts and seconded by the Withdrawal of Councilman Lhotka to acknowledge the withdrawal of Planning Commission Planning Commission Application No. 77001 submitted Application No. 77001 by Richard Rockstad which consists of a request to rezone (Richard Rockstad) from R -5 to C -1 the property at the northeast corner of 70th and Brooklyn Boulevard at the request of the appli- cant. 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. 77016 on the agenda, that of consideration of Planning ( Gabbert and Beck) Commission Application No. 77016 submitted by Gabbert and Beck. I I -9- 5 -9 -77 The Director of Planning and Inspection proceeded to review Planning Commission Application No 77016 and the Planning Commission action at its April 28, 1977 meeting. He stated that the applicant was seeking site and building plan'approval for the final phase consisting of a freestanding building at the Westb; Mall Center at 5605 Xerxes Avenue North.. He explained that -the proposed building was approximately 7,500 square feet versus an approximate 5,000 square foot building which had been indicated on original site and building con- ceptual plans. He further explained that the original plans had been approved by the City Council on July 22, 1974 in conjunction with Application No. 74040, and that here have been several amendments; the most recent being on August 18, 1 975. He next reviewed a trans- parency showing the location and configuration of the property in question. The Director of Planning and Inspection reported that the applicant has submitted a "proof of parking plan" which shows that the ordinance required parking can be installed on the land available using a 90 parking stall design rather than the installed diagonal design. He explained that the final calculations of the proposed and existing development showed a need for 571 parking stalls. He further explained that the applicant provided 437 stalls and thus the revised proposed deferral was 134 spaces. He added that the revised 90 proof of parking plan indicates 574 spaces can be provided on the land available; and thus there is a total surplus of three spaces. He next reviewed slides showing the area in question and pointed out various features affected by the new plans such as temporary bituminous delineators. He next reviewed the site and building plans with the City Council and a brief discussion ensued. Councilman Kuefler stated his concern regarding the difficulty cars have leaving the easterly side of the Westbrook Mall parking lot and turning left onto Xerxes Avenue. He commented that he does not favor traffic signals at that location but inquired if there was a way to control this problem. The Director of Public Works responded that he has not received many comments or complaints about the area in question, but that it would be watched more closely in the future and that possibly something could be developed to address the problem. Mayor Cohen recognized the applicant, Mr. Warren Beck, who stated that he had nothing further to add to the application. Following a brief discussion there was a motion by Action Approving Councilman Britts and seconded by Councilman Fignar to Planning Commission approve Planning Commission Application No. 77016 Application No. 77016 submitted by Gabbert and Beck, Inc. subject to the ( Gabbert and Beck) following conditions: 1 . Building plans are subject to review by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading and drainage, utility and berming plans are subject to review by the City Engineer prior to the issuance of permits. 5 -9--77 -10- 3. The performance agreement and financial guarantee submitted under Application No. 74040 shall include the completion of the site improve- ments comprehended under this approval. 4. Installation of certain parking stalls as indicated on the approved site and building plans may be deferred until deemed necessary by the City Council, provided such deferred areas are developed, landscaped; and maintained in accordance with approved site plans and ordinance requirements. 5. All site improvements previously deferred in consideration of the then existing company pole and line easement shall be installed and /or completed as permanent improvements. 6. All landscaped areas on the site shall be provided with underground irrigation. 7. All trash disposal facilities and rooftop mechanical equipment shall be appropriately enclosed and screened from view. 8. Site and building plans shall comply with State provisions for the handicapped. 9. Installation of the proposed remote bank teller station shall be subject to review by the Planning and Inspection and Engineering Departments. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. RESOLUTION Member Bill Fignar introduced the following resolution NO. 77 -90 and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MS. MARGARET WHITTAKER 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. RESOLUTION Member Maurice Britts introduced the following resolution NO. 77 -91 and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF THE BROOKLYN CENTER JAYCEES 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. -11- 5 -9 -77 Member Gene Lhotka introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -92 RESOLUTION REQUESTING MINNESOTA DEPARTMENT OF TRANS POP.TATION PARTICIPATION FOR CONSTRUCTING WEST FRONTAGE ROAD ON FI -94 FROM 59TH AVENUE NORTH TO 195 FEET NORTH OF 61ST AVENUE NORTH CENTER LINE The motion for the adoption of the foregoing resolution was duly seconded by member Maurice Britts, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Gene Lhotka introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -93 RESOLUTION AUTHORIZING THE PURCHASE OF ONE ENGINE ANALYZER AND ONE INFRA -RED FUEL ANALYZER 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 -94 RESOLUTION AUTHORIZING THE PURCHASE OF ONE LINE MARKING MACHINE 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 Tony Kuefler introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -95 RESOLUTION AUTHORIZING THE PURCHASE OF CARPETING FOR LEAP CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: 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 -96 RESOLUTION AUTHORIZING THE PURCHASE OF HANDICAP TOILET FACILITIES AT CEAP CENTER -, -77 -12 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 -97 and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (STREET GRADING, BASE & SURFACING AND CURB & GUTTER CONTRACT 1977 -C) 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 Maurice Britts introduced the following resolution NO. 77-98 and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR DEEP WELL PUMP AND MOTOR PROJECT NO. 1976-5, AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1977 -D) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member. Gene Lhotka introduced the following resolution NO. 77 -99 and moved its adoption: RESOLUTION TO TRANSFER FUNDS FROM THE FEDERAL REVENUE SHARING FUND TO THE GENERAL FUND 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 Bill Fignar introduced the following resolution NO. 77 -100 and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF ONE MARLOW 20 HP PUMP AND MOTOR 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. -13- 5 -9 -77 Motion by Councilman Lhotka and seconded by Licenses Councilman Britts to approve the following licenses: FOOD ESTABLISHMENT LICENS Brooklyn Center National Little League 5520 Lilac Dr. N. European Health Spa 2920 County Rd. 10 MECHANICAL SYSTEMS LICENSE Abel Heating, Inc. 266 Water St. Air Comfort, Inc. 3944 Louisiana Cir. Allan Heating & Air Conditioning, Inc. 5200 Eden Cir. A. Binder & Son, Inc. 120 E. Butler Ave. C. 0. Carlson Air Cond. Co. 709 Bradford Co. Commercial Air Conditioning 2200 Niagra Ln. Cronstroms Htg. & Air Cond. 4410 Excelsior Blvd. Don's Air Conditioning 4017 Central Ave. N.E. Egan & Sons Co. 7100 Medicine Lake Rd. Enviro Services, Inc. 5115 Hanson Ct. Faircon, Inc. 1955 W. Co. Rd. B2 Frank's Htg. & Air Cond. 3107 California St. N.E. Gas Supply 2238 Edgewood Ave. S. Ideal Htg. & Air Cond. 3116 Fremont Ave. N. Minnesota Gas Company 733 Marquette Ave. Royalton Htg. & Cooling Co. 4120 85th Ave. N. Sedgwick Htg. & Air Cond. 1001 Xenia Ave. S. Standard Htg. & Air Cond. 410 W. Lake St. Superior Contractors, Inc. 6121 42nd Ave. N. Fred Vogt & Co. 3260 Gorham Ave. Ray Welter Heating 4637 Chicago Ave. West End Air Conditioning 6408 Cambridge St. MOTOR VEHICLE DEALER'S LICENSE Brookdale Motors, Inc. (2) 2500 Co. Rd. 10 Brookdale Chrysler - Plymouth 6121 Brooklyn Blvd. ON -SALE NONINTOXICATING LIQUOR LICENSE Donaldson's 1200 Brookdale Center PUBLIC DANCE LICENSE Chuck Wagon Inn 5 72 0 Morgan Ave. N. RENTAL DWELLING LICENSE Initial: Keith Nordby 34 2nd St. N.E. Ernest Gertzen 5347 -49 Penn Ave. N. M. P. Evanson 800 69th Ave. N. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. The City Manager stated that Councilman Lhotka is a Twin Lake member of the tri -city Twin Lake Committee, comprised Boating of Council representatives from Crystal, Robbinsdale, and Brooklyn Center, which is attempting to address problems regarding boating on Twin Lake. He explained that Councilman Lhotka has requested time on the agenda to give a status report on the results of the committee's meetings. L b-9-77 -i4- Councilman Lhotka reported on recent committee meetings and stated that the committee has been in contact with the DNR regarding regulations for Twin Lake. He explained that on May 16, 1977 in the Community Center Social Hall there will be a tri -city meeting regarding Twin Lake. He explained that the meeting is not intended for only those living on the lake, but for all those who make use of it. He stated that it is the intent of this meeting to elicit as much public input as possible regarding boating on the lake. He further stated that following this meeting the committee will develop various proposals which will be concurrently recommended to each of the three cities involved. In response to an inquiry by Councilman Fignar relating to a timetable for possible proposals, Councilman Lhotka stated that it is the committee's intent to have recom- mendations developed one week after the May 16 public hearing. He added that hopefully within a month the recommendations could be before the Councils. The City Manager pointed out that after each of the three cities approve the recommendations it is the respon- sibility of the Hennepin County Board of Commissioners to adopt any regulations. Public Officials The City Manager reported that members of the City Personal Liability Council have received an informational brochure Insurance regarding the availability of public officials' personal liability insurance. He explained that for the most part this type of insurance is generally not available, but that the National League of Cities and the International City Managers Association have sponsored the develop- ment of this type of insurance. He explained that $1 , 000, 000 of liability insurance with a $2, 500 deductible can be purchased for an annual premium rate of $3, 400. The City Manager recommended that this type of insurance is a necessity because public officials are increasingly being held personally liable for their actions. He recommended that the City Council authorize the purchase of this insurance. In response to an inquiry by Councilman Fignar regarding the policy coverage the City Manager stated that the insurance would cover those making Council policy or administrative policy decisions and would include the City Council, department heads and also advisory commission members. Further discussion ensued relative to the insurance coverage. Councilman Britts stated that he supports the purchase of such insurance because public officials can be held personally liable for actions taken as a City Council. He further stated that often lawsuits have been brought against City officials involving circumstances with which the Council does not always have control over. Action Authorizing Following a brief discussion there was a motion by the Purchase of Councilman Fignar and seconded by Councilman Kuefler Public Officials to authorize the purchase of $1,000,000 of public officials Personal Liability liability insurance based on a quotation for an annual Insurance premium rate of $3,400. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. =15- 5 -9 -77 The City Manager next referred to the conceptual plan Shingle Creek Project calling for the rerouting of Shingle Creek through Central in Central Park Park to its original meandering course. He explained that a proposal such as this requires various permits and reviews of the plan. He further reported that the plans had been submitted to the DNR and that the City has received a permit, along with a commendation for considering restoration, from the DNR. He stated that next Hennepin County must review the plan and also give its approval prior to the restoration of the creek to its original course. He stated that the rerouting of Shingle Creek is the major physical change proposed for Central Park and that procedurally everything should be ready to go once the Park and Recreation Commission has finished its comprehensive planning for all City parks. A brief discussion ensued relative to the report with the Director of Public Works explaining the technicalities of rerouting Shingle Creek to its original course. The City Manager next reported that he had requested the Noise Ordinance City Attorney's office to prepare a draft ordinance dealing with excessive noise and disturbances in the City. He explained that as the community has become more developed we have experienced more problems trying to rectify the differences between loud and excessively noisy parties and the people's right to assembly and freedom of expression. He added that hopefully this draft ordinance would address these problems and that the matter could be handled prior to it getting out of hand. The City Manager also reported on the difficulty of enforcing the ban on consuming alcoholic beverages in City parks. He stated that recently a number of persons are refusing to abide by the ordinance. He explained that the myth that persons causing all the problems in the parks are residents of other communities has been shattered. He cited recent examples involving local residents and confrontations with police involving persons that were consuming alcoholic beverages illegally in City parks. He added that the ordinance banning the consumption and use of alcoholic beverages in City parks is not an easy ordinance to enforce and it will take con- centrated effort to gain compliance. He further stated that the police department will make every effort possible to strictly enforce that ordinance. A brief discussion ensued relative to the City ordinance banning the consumption, possession and use of alcoholic beverages in City parks. Councilman Fignar inquired if many other municipalities have ordinances banning the use of alcoholic beverages in City parks. The City Manager responded that there are few municipalities that do not prohibit the consumption of alcoholic beverages in parks, but that the manner in which these ordinances are enforced is different within each of the communities. Following further discussion it was the consensus of the City Council that the City Manager present a draft ordinance relating to noisy parties at the May 23, 1977 City Council meeting. 5- tJ - -77 , League of Minnesota As a point of information the City Manager referred to Cities "Action Alerts" the League of Minnesota Cities "Action Alerts and stated that these informational items relating primarily to the effect various pieces of legislation will have on municipalities and asking for a concerted effort on the part of municipalities to contact various legislators are of great benefit to the cities. He explained that through the League's efforts in 1975 the City of Brooklyn Center, along with other cities, was able to get a one - time change to the 1971 Levy Limitations Law. He further stated that if this had not happened approxi- mately two years ago the City would in all likelihood now be faced with cutting back staff and related services even though this City has one of the leanest staff per capita ratios in the metropolitan area. He urged members of the City Council to watch for these "Action Alerts" and to follow through on the requests if at all possible. Adjournment Motion by Councilman Lhotka and seconded by Councilman Britts to adjourn the meeting. Voting in favor: Mayor Cohen, Councilmen Britts, huefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:53 p.m. Clerk Mayor i -17- 5 -9 -77