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HomeMy WebLinkAbout1977 06-06 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 JUNE 6, 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, Director of Finance Paul Holmlund, City Assessor Peter Koole, Director of Planning and Inspection Blair Tremere, Assistant City Engineer Dennis Brown, and Administrative Assistants Brad Hoffman, Mary Harty, and Ronald Warren. Invocation The invocation was offered by Pastor Rosenau of the Lutheran Church of the Triune God. .Approval of Minutes Mayor Cohen reported that a correction to page 11 of 5 -23 -77 the May 23, 1977 City Council minutes had been ° submitted and was at the table for the Council's consideration. Motion by Councilman Lhotka and seconded by Council- man Britts to approve the minutes - of the May 23 ,1977 City Council meeting as corrected. Voting in favor: Mayor Cohen, Councilmen Britts and Lhotka. Voting against: none. The motion passed. Councilmen Kuefler and Fignar abstained as they were not at that meeting. Mayoral Appointment Mayor Cohen announced his appointment of Dawn K. to the Park and Kiefer, 6218 Kyle Avenue North, to the Park and Recreation Commission Recreation Commission representing Park Service Area IV and requested Council confirmation. He explained that Mrs. Kiefer is a six year resident of Brooklyn Center and has been active in the Mrs. Jaycees, Citizens for Better Government, Community Emergency Assistance Program, . and the Girl Scouts. He stated that she had been recommended by Park and Recreation Commission Chairman Gerald Johnson and would fill the vacancy created by the resignation of Margaret Whittaker. Councilman Kuefler stated that two applications for appointment to the Park and Recreation Commission had been reviewed and that both of the applicants were well qualified for appointment to the Commission. He stated that both Chairman Johnson and himself feel that Mrs. Kiefer will make an excellent Commission member. Motion by Councilman Fignar and seconded by Councilman Kuefler to confirm Mayor Cohen's appointment of Dawn K. Kiefer, 6218 Kyle Avenue North, to the Park and Recreation Commission representing Park Service Area IV effective immediately for a term to, expire December 31, 1979. Voting in favor were; Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Lhotka. Voting against: none. The motion passed unanimously. Mayoral Appointment Mayor Cohen next announced his appointment of Teri Bona, to the Park Service 6333 Regent Avenue North, to the Park Service Area IV Area IV Committee Committee and requested Council confirmation. He stated that Mrs. Bona is an eleven year resident of Brooklyn Center and is presently active as a Girl Scout leader -1- 6 -6 -77 for Troop 1400 and has also been active with various community recycling efforts He further stated that her appointment would be effective immediately for an indefinite term as per the recently adopted Council Resolution No. 77 -52. Following a brief discussion there was a motion by Councilman Lhotka, seconded by Councilman Fignar to confirm Mayor Cohen's appointment of Terri Bona, 6333 Regent Avenue North, to the Park Service .Area IV Committee effective immediately. Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar, Kuefler, and Lhotka. Voting against: none. The motion passed unanimously. Mayor Cohen announced that he had received a letter of resig- Human Rights nation from James Lacina of the Human Rights Commission. He Commission explained that Mr. Lacina accepted a position as City Admini- Resignation stra tor with the City of Woodbury and would be unable to adequately perform the duties and responsibilities of a Human Rights Commissioner. Following a brief discussion there was a motion by Councilman Britts and seconded by Councilman Lhotka to accept the resignation of James. Lacina from the Human Rights Commission and to direct the City Manager to prepare a resolution of commendation. Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar, Kuefler, and Lhotka. Voting against: none. The motion passed unanimously. Motion by Councilman Britts and seconded by Councilmen Lhotka Declaration of to declare as surplus equipment one F & E check protector, serial Surplus Equipment number 3603794; one 8" tilt arbor table saw with motor, serial number B8497; and one Olivetti Logos 250 calculator, no serial number, to be disposed of at the City auction. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Lhotka. Voting against: none. The motion passed unanimously. Motion by Councilman Britts and seconded by Councilman Lhotka Designation of Agen to designate the City Manager as Brooklyn Center's agent to for Receipt of Funds apply for and receive State funds for the cost of police rookie training. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Lhotka. Voting against: none. The motion passed unanimously. ' Member Bill Fignar introduced the following resolution and RESOLUTION moved its adoption NO. 77 -110 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR ELECTRICAL INSTALLATION PROJECT NO. 1976 -7 AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1977 -E) 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, Gene Lhotka and Bill Fignar; 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 -111 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PUMP HOUSE PROJECT NO. 1976 -9 AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1977 -F) 6 -6 -77 -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, Gene Lhotka and Bill Fignar; 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 -112 and moved its adoption: RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) she 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, Gene Lhotka and Bill Fignar; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Water Main The City Manager introduced the next item of business Assessment Rate on the agenda, that of a resolution recommended for the purpose of amending the residential water main assess- ment rate. He stated that the present residential water main assessment rate has been in effect since 1974 and that the rate of inflation has rendered this rate obsolete. He explained that the City Council in 1974 had set a fixed water main assessment rate for single family homes while • establishing a variable water main assessment rate for non - single family properties based on a Cbnsumer Price Index escalator. He added that each year new water main assessment rates for non - single family property is established.based on the Gbnsumer Price Index and that this rate has substantially increased while the single family water assessment rate -has remained constant at the 1974 level. He recommended that the City Council establish a new single family water assessment rate which would increase_ the present rate of $1,090 per residential unit to $1,315 and would permit an annual adjustment based on the Consumer Price Index. Mayor Cohen inquired as to how many areas of the City are presently without water main service and would be thus affected by the proposed increase. The Director of Public Works responded by showing on a transparency six areas of the City which presently do not have water main capabilities which would be affected by the proposed increase. Mayor Cohen further inquired if a grace period had been considered as an incentive for single family property owners to take advantage of the lesser water main assessment rate. The City Manager responded that in 1974 there was a substantial grace period which was used as an incentive to property owners to install water main improve- ments. He added that presently there have not been requests for such improvements from the areas without such service. Councilman Fignar inquired as to when the proposed water main assessment rate would take effect. The City Manager responded that it is recommended that the new water main assessment rates take effect immediately. Councilman Fignar also inquired about the possibility of a grace period which would allow property owners to take advantage of the lesser assessment rate stating that he would prefer -3- 6 -6-77 publication of the proposed new rate so that the citizens are aware of the change. The City Manager commented that there are presently no requests for such improvements from single family property owners that are without water main capabilities. He stated that the areas without this service are presently served by individual wells and there is no indication that these wells are not producing adequate supplies of water. He added that generally when wells fail in areas such as this there is then a request for hookups to City water. The City Manager doubted that a grace period would serve as an incentive to these citizens to request water main service. He added that perhaps one developer, who is proposing twenty -three single family homes east of the Humboldt Square Shopping Center would take advantage of a lower water main assessment rate which would in effect be a subsidy to that developer by the present City public utilities customers. He explained that the utility under the current water main assessment rate is providing water main hookups at a loss. Further discussion ensued relative to the recommendation with the City Manager explaining that an approximate $300 subsidy per water hookup would be provided by present utility customers to those now hooking up to the utility under the current rate. Councilman Fignar stated that he would feel more comfortable " if notice of the new rates was provided. Councilman Britts concurred Further discussion ensued with the Director of Public Works explaining that the City presently assesses water main improvements at a rate that is less than that charged by most surrounding suburban municipalities. Mayor Cohen suggested that the Council consider a June 15, 1977 effective date for the proposed new rate which would allow persons without water main service to take advantage of the old rate. Councilman Britts recommended deferring further consideration of the matter until later in the evening. It was the consensus of the Council to so defer consideration of the resolution. The City Manager introduced the next item of business, that of Planning Commission Planning Commission Application No. 77;017 submitted by Super Application No. 77017. America, Incorporated. (Super America, Inc.) The Director of Planning and Inspection proceeded to review Planning Commission Application No. 77017 and the Planning Commission action at its May 26, 1977 meeting. He stated the applicant was seeking special use permit and site and building plan approval for a service station and retail store at 6545 West River Road which had been the site of a Shell Oil station. He further stated that the applicant proposed, to erect two canopies, one on the north side and one on the east side of the service station, to cover the respective pump S slands . He added that the applicant has recently converted a former Shell station - in New Brighton into a Super America service station and retail center. He next reviewed a transparency showing the location and configura- tion of the ro ert and various slides depicting the present P P g Pr Y P condition of the area. The Director of Planning and Inspection next reviewed the site and building plans with the City .Council and a brief discussion ensued. 6 -6 -7? -4- City Attorney Richard Schieffer arrived at 8 :30 p.m. Mayor Cohen recognized Mr. john Hogenson who represented the applicant. In response to an inquiry by Councilman Britts, Mr. Hogenson stated that under Super America's present, marketing philosophy they do not anticipate utilizing a freestanding structure in the area of the gasoline pumps as was proposed at the Super America station on 57th and Logan Avenues North. In response to an inquiry by Councilman Fignar, Mr. Hogenson stated that the hours of operation for this service station and retail store would be from 6 :a .m . until 12 :00 midnight. Public Hearing Mayor Cohen opened the meeting to notified property owners. No one spoke relating to the application. Action Approving Following further discussion there was a motion by Council - Planning Commission man Britts, seconded by Councilman Fignar to approve Application No. 77017 Planning Commission Application No. 77017 submitted by (Super America, Inc.) Super America, Incorporated subject to the following conditions 1. The permit is issued to the applicant as operator and is nontransferable 2. The use is subject to all applicable ordinances and regulations including special licensing requirements, and violation thereof shall be grounds for revocation of the permit. ' 3. Building plans are subject to approval by the Building Official with respect to applicable codes prior to the issuance of a permit. 4. A performance agreement and financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements. 5. Site grading, drainage, and paving plans are subject to approval by the City Engineer. 6. All signery on the site shall be in conformance with Chapter 34 of the City Ordinances. 7. All outside trash disposal and mechanical equipment shall be appropriately screened. 8 . The building shall be equipped with an automatic fire extinguishing system per ordinance require- ments. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Lhotka. Voting against: none. The motion passed unanimously. _ nning Commission The City Manager introduced the next item of business Implication No. 77018 on the agenda, that of Planning Commission Application (Ronald jaroscak) No. 77018 submitted by Ronald jaroscak. The Director of Planning and Inspection proceeded to review Planning Commission Application No. 77018 and the Planning Commission action at its May 26, 1977 meeting. He stated that the applicant was proposing a plat of the northeast corner of 62nd and Camden Avenue North which presently contains a single family dwelling at the north end of the property. He commented that the -5 6 -6 -77 new lot at the south end of the property meets the ordinance requirements as to area and depth but that the width of 74.88 feet is 15.12 feet less than the ordinance minimum for corner lots and thus there is also a variance consideration included in the application. He reported that the applicant proposes to build a single family home on the newly created lot. He next reviewed a transparency ency showing the location and configuration of the property and various slides depicting the area. A brief discussion ensued relative to the application. Mayor Cohen recognized the applicant, Ronald jaroscak, who stated that he had nothing furthcrto add to the application. Mayor Cohen opened the meeting to notified property Public Hearing owners. No one spoke relating to the application. Following further discussion there was a motion by Action Approving Councilman Britts and seconded by Councilman Lhotka Planning Commission to approve Planning Commission Application No. 77018 Application No. 77018 submitted by Ronald jaroscak noting that the application (Ronald Jaroscak) satisfies the requirements of Chapter 15 with respect to variances and subject to the following conditions; 1. Final plat is subject to review and approval by the City Engineer. 2. Final plat is subject to the requirements of Chapter 15 of the City Ordinances. 3. The variance comprehends the width and no other variances are granted or implied. Voting in favor Mayor -Cohen, Councilmen Britts , Fignar, Kuefler, and Lhotka. Voting against none. The motion passed unanimously. The City Manager introduced the next item of business Planning Commission on the agenda, that of Planning Commission Application Application No. 77019 No. '77019 submitted by Schmitt Music Company. (Schmitt Music Company) The Director of Planning and Inspection proceeded to review Planning Commission Application No. 77019 and the Planning Commission. action at its May 26, 1977 meeting. He stated that the applicant was in the process of purchasing the former Kennedy & Cohen building at 2400 Freeway Boulevard and is seeking special use permit for retail sales and an educational use involving music equipment at that site. He further stated that the last time the Kennedy & Cohen building was subject to review by the Council was under Planning Commission Application No. 76055 in the fall of 1976. He briefly reviewed the applicant's proposed use and stated that a special use permit is necessary -in the I -I district because of the pro - posed retail sales and educational uses contemplated for this occupancy. He next reviewed a transparency showing the location and configuration of the property and various slides depicting the area in question. He pointed out the areas that are in need of landscaping rejuvenation. A brief discussion ensued relative to the application. Mayor Cohen recognized the applicant, Mr. Robert Schmitt, who stated that he has not yet purchased the property but should close the deal early in July. He added that he would be unable to bring landscaping improvements up to the City code by the time he intends to occupy the building, but that he has every intention of making the necessary improvements. He explained that B. C. I. P. and F. B. S. Financial, Inc. have agreed that much of the landscaping improvements are their responsibility and that they plan to rectify this matter. 6 -6 -77 -6- In response to an inquiry by Councilman Kuefler, Mr. Schmitt stated that they plan to open the business for operation in late July or early August. Councilman Fignar stated that although some of the site improvements required are the responsibility of B.C.I.P. and F.B.S. Financial, Inc., for purposes of this application Mr. Schmitt is ultimately responsible for these improvements. Mr. Schmitt concurred. Action Approving Following further discussion there was a motion by Council- Planning Commission man Kuefler and seconded by Councilman Fignar to approve Application No. 77019 Planning Commission Application No. 77019 submitted by (Schmitt Music Co.) Schmitt Music Company subject to the following conditions: 1. The permit is issued to the applicant as operator and is not transferable. 2. A portion of the required parking spaces may be deferred as indicated on the plans approved under Application No 74022, until such time the installation of additional spaces is deemed necessary by the City Council; provided that the deferred area is planted and maintained by a viable turf and vegetative material. e 3. A portion of the required underground irrigation may also be deferred as indicated on the deferred plans for the area north of the building and park- ing lot; provided that such systems shall be extended to the north boundary greenstrip at such time that the deferred parking is installed. 4. The site lighting shall be repaired and /or installed so that it will be functional prior to issuance of the permit. 5. All landscaping and parking lot improvements shall be rejuvenated, replaced, or installed consistent with the approved plans. 6. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of the permit to assure completion of the required improvements. Voting in favor: Mayor Cohen, Councilmen Britts , Fignar, Kuefler, and Lhotka. Voting against: none. The motion passed unanimously. Planning Commission The City Manager introduced the next item of business Application No 77020 on the agenda, that of Planning Commission Application (Peter Racchini & No. 77020 submitted by Peter Racchini & Associates Y Associates for Winchell's for Winchell's Donuts. Donuts) The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 77020 and the Planning Commission action at its May 26, 1977 meeting, He stated that the applicant seeks approval of site and building plans for a 21 seat donut shop on the property currently addressed 6810 Brooklyn Boulevard. He explained that the site was the subject of site and buf ding plan approval and -7- 6 -6 -77 special use permit approval last year for a Car -X Muffler Shop, yet to be constructed He stated that the plans approved for the muffler shop comprehend a "future development" on the south portion of the property. He added that #his Winchell's Donut Shop is that proposed future development. He reported that the property at the present time contains two separate tracts and a condition of approval of the Car -X site and building plans was that the property would be combined through platting or registered land survey as required by the zoning ordinance. He further reported that the plans for the Winchell's Donut Shop indicate adequate parking is provided for both of the uses, however, a certain number of spaces have been deferred for the Car -X facility and the land area for those spaces is on the south portion adjacent to the proposed donut shop. He next reviewed a transparency showing the location and configuration of the property and various slides depicting the area in question. He also reviewed the site and building plans with members of the City Council and a brief discussion ensued. The City Manager stated that he has a somewhat belated concern relating to this application. He explained that the record should reflect that the combining of the' property in question is virtually an irrevocable matter and that the Council and the applicants are well aware of this fact. He further explained that he could envision potential problems with a request in the future to subdivide the property with a proposal for another commercial type use. He added that presently. there is no problem with one owner, the Car -X Muffler Shop, leasing a portion of its property to another establishment, Winchell's Donut Shop, because adequate parking can be provided for the uses intended. He pointed out that if the property was subdivided at a later date,. parking for one of the establishments would be inadequate. He further stated that the applicant should be well aware of this fact and that it should be acknowledged by the applicant in the file prior to proceeding with the approval Councilman Kuefler stated that in effect the applicant's proposal is like a "mini shopping center" where the tenants jointly benefit from a common area . The City Manager elaborated on the benefits of having two sites on one common piece of property and stated that this situation should be acknowledged as an almost irrevocable type of arrangement because of the potential of splitting the property after the two buildings are erected. Mayor Cohen recognized Mr. Mark Bengston, who repre- sented the architect and applicant, Peter Racchini & Associates. Mr. Bengston stated that he thought the applicant would be aware of the potential problems. Mayor Cohen then recognized Mr. Thomas Gray, representing Car -X Muffler Shops, owner. of the property. He explained that a 15 year lease with Winchell's Donut Shop is in the process of being executed which should give an indication of the long term plans for the proposed use. He added that Winchell's is a reputable organiza- tion and is well known for their stability. He explained 6 -6 -77 -$ that Car -X feels that it would be cost prohibitive to not have a second development on the site and that he is certain that Car -X would have no objection to the stipu- lation proposed by the City Manager. The City Manager inquired of Mr. Gray as to when Car -X planned construc- tion. Mr. Gray responded in approximately two to three weeks. The City Manager then recommended that the Council consider requiring, as a condition of approval of the application, Car -X to acknowledge in writing their understanding of the irrevocable nature of the proposal and the potential problems of a later subdivision of the property. Action Approving Following further discussion there was a motion by Council - planning Commission man Britts and seconded by Councilman Fignar to approve Application No. 77020 Planning Commission Application No. 77020 submitted by (Peter Racchini & Peter Racchini & Associates for Winchell's Donuts subject Associates for Winchell's to the following conditions: Donuts) 1. Building plans are subject to review by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, berming, and utility plans are subject to review by the City Engineer prior r to the issuance of permits. 3. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure, completion of approved site improvements 4. All outside trash disposal facilities and rooftop mechanical equipment shall be screened from view. 5, The property shall be combined through plat or registered land survey prior to occupancy and Car -X Muffler Shops, the owners of the property, shall submit written documentation of acknowledging the irrevocable nature of combining the property due to the proposal for two dissimilar uses at that site which are dependent upon each other for common parking facilities. 6. With respect to deferment of the installation of certain portions of the concrete curb and gutter as comprehended under Application No. 76067, all parking and driving areas on the site shall now be installed with permanent cast -in -place concrete curb and gutter. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Lhotka . Voting against: none. The motion passed unanimously. Recess The Brooklyn Center City Council recessed at 9 :26 p.m. and resumed at ,9:49 p.m. Planning Commission The City Manager introduced the next item of business Application No. 77021 on the agenda, that of Planning Commission Application (Wettrau Builders) No. 77021 submitted by Wettrau Builders. S 6 -6 -77 _g4 The Director of Planning and Inspection proceeded with a review of Application No 77021 and the Planning Commission action at its May 26, 1977 meeting. He stated that the applicant is seeking approval of site and building plans for an approximate 31,450 square foot retail facility at the south erid of the vacant tract east of K Mart and south of Earle Brown Office Building I. He explained that the proposed occupancy is toy and recreational equipment sales and added that the applicant represents the owner - developer- contractor- operator which is based in St. Louis, Missouri. The secretary further stated that resubdivision through registered land survey or platting would be necessary to divide this proposed site from the larger tract. He next reviewed a transparency showing the location and configuration of the property and also various slides depicting the area He next reviewed the site and building plans with members of the City Council, and a brief discussion ensued. Mayor Cohen recognized Mr. john Lark, representing the applicant, who stated that they are already in the process of obtaining a registered land survey for sub - dividing the property in question. In response to an inquiry by Councilman Kuefler, Mr. Lark explained that Wettrau Builders is a subsidiary of Consolidated Toy and that basically the proposed retail operation would involve the sale of toys and sporting goods equipment . He added that the proposed operation in Brooklyn Center is one of two facilities planned in the Twin Cities metropolitan area, the other being in Bloomington. Following further discussion there was a motion by Action Approving Councilman Britts, seconded by Councilman Lhotka Planning Commissi to approve Planning Commission Application No. 77021 Application No. 77021 submitted by Wettrau Builders subject to the following ( Wettrau Builders) conditions; 1. Building plans are subject to approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2 Grading, drainage, utility and berming plans are subject to review by the City Engineer. 3 A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements. 4. All outside trash disposal and mechanical equipment shall be appropriately screened from view. 5. Property shall be subdivided by platting or registered land survey prior to the issuance of certificate of occupancy. 6. Plan approval is exclusive of all signery which will be subject to the requirements of Chapter 34 of the City Ordinances. Voting in favor; Mayor Cohen, Councilmen Britts , Fignar, Kuefler, and Lhotka . Voting against; none. The motion passed unanimously. , 6 -6 -77 �. -10- Water Main The City Manager recommended that the City Council give Assessment Rate further consideration to a recommended resolution amending the residential water main assessment rate which had been deferred earlier in this evening's meeting. Councilman Britts commented that somewhat of a dilemma exists in that if the Council delays amending the water assessment rate the possibility of subsidizing new developer water hookups at the expense of present public utilities consumers exists while the Council would like to give notification that the water main assessment rate will be increased, thus allowing persons planning on hooking up to City water to take advantage of the old assessment rate. He added that his major concern is not whether a large developer could take advantage of the older assessment rate, but that individual property owners who have been considering hooking up to City water have the opportunity to do so under the present water main assessment rate. He stated that he agreed with Mayor and Councilman Fignar' s earlier comments regarding an attempt to notify the people of the change in the water assessment rate Mayor Cohen inquired of the City Manager if there would be any problem in establishing June 15 as the effective date for the change in the residential water assessment rate. The City Manager responded in the negative. Following further discussion it was the consensus of the Council to amend the recommended resolution in order to provide an effective date of June 15, 1977 for the change in the water assessment rate and to also modify the recommended resolution to specifically state that the Assessment rate will be adjusted annually each January 1. RESOLUTION Member Bill Fignar introduced the following resolution NO. 77 -113 and moved its adoption: RESOLUTION INCREASING SINGLE FAMILY UNIT WATER ASSESSMENT RATE 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: 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. Home Improvement The City Manager introduced the next item of business Grants on the agenda, that of a resolution recommended for the purpose of recommending home improvement grants to eligible Brooklyn Center homeowners. He briefly reviewed the efforts made to publicize the program, commenting that information had appeared in two editions of the City Manager's Newsletter, various articles in the Brooklyn Center Post, articles in the major metropolitan newspapers, responding to citizen inquiries by members of the City staff, and various efforts to address local citizen groups such as the senior citizens to formally announce the program and respond to questions about it. He stated that the applications were reviewed and evaluated by the Housing Advisory Commission on May 10, 1977 and the various 11- 6 -6 -77 requests were ranked according to the priority ranking system adopted by the City Council on April 25, 1977. He explained that the types of improvements eligible for home improvement grant include energy related type improvements, code related type improvements, and improvements affecting imminent health and safety considerations. He pointed out that five out of the eight recommended grant recipients are senior citizens. He briefly reviewed the priority ranking system utilized for ranking eligible grant recipients. A discussion ensued relative to the home improvement grant program and the various grant applications recom - mended for approval. Councilman Kuefler stated that it appears that there is an approximate $1,700 excess in terms of the total amount of grants recommended and the City's $15,236 total allocation and inquired what would become of this excess. The Director of Planning and Inspection responded that the Minnesota Housing Finance Agency in their program guidelines have recom - mended that local municipalities maintain an approximate 10 per cent buffer to provide for various cost overrides which may be encountered. He explained that this $1,700 figure would provide such a buffer. Councilman Fignar inquired if an eligible grant recipient would receive the money to pay contractors doing the various improvements . The City Manager responded that the grants are paid directly from the Metro Council to the contractor following an inspection by City inspectors and a certification that the various improvements have been correctly done. Member Gene Lhotka introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -114 RESOLUTION ENDORSING HOME IMPROVEMENT GRANT REQUESTS The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts Tony Kuefler, Bill Fignar and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Tony Kuefler introduced the following ordinance ORDINANCE and moved its adoption. NO. 77 -8 AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES RELATIVE TO SPECIAL SERVICE- OFFICE USES IN THE R -5 DISTRICT THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 35 -314, 3. is hereby amended as follows: (b) Certain service- office uses which,in each specific case, are demonstrated to the City Council to be :_ 1) Compatible with existing adjacent land uses as well as with those uses permitted in the R -5 district- generally; 6 -6 -77 -12- 2) Complementary to existing adjacent land uses as well as to those uses permitted in the R -5 district generally; 3) Of comparable intensity to permitted R -5 district land uses with respect to activity levels; 4) Planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impac upon those facilities, the immediate neighborhood, or the community. and, which are descri in Sec 35 -320, Subsections 1 (b) (c) (d) and (j) t hrou h (t). Suc service- office uses shall be subject to the C -1 district requirements of Section 35 -400 a nd 35 -411, and shall otherwise be subject to the ordinance requirements of the use classification which the proposed use represents. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 6th day of June, 1977. The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Fignar, and upon vote being taken theon , 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. Expanding Notice The City Manager introduced the next item of business, Radius that of an ordinance recommended for first reading that would expand the radius of notice for special use permits to 350 feet in certain cases. He explained that this ordinance provision was recommended by the Planning Commission on May 23, 1977 and was deferred by the City Council until this evening's meeting. A brief discussion ensued relative to the recommended ordinance. ORDINANCE Following the discussion there was a motion by Council First Reading man Britts and seconded by Councilman Lhotka to offer for first reading an ordinance amending Chapter 35 relative to distance of mailed for special use permit hearings. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Voting against: none. The motion passed unanimously. Noisy Parties The City Manager introduced the next item of business, that of an ordinance recommended for first reading amending Chapter 19 regarding noisy parties. He stated that the ordinance 'is a result of an inquiry made at the May 9, 1977 City Council meeting at which time the Council had concurred that a draft ordinance be presented He stated that the item was discussed by the Council on May 23, 1977 and continued until this evening for full Council deliberation. 13 -, 6 -6 -77 The City Manager reported that the ordinai,ce is the result of a concern by the police department about the increasing frequency of noisy party disturhances and the inability to address this matter utilizing the present disturbing the peace laws . He stated that the problem emanates chiefly, but not exclusively, from various apartments He added that the disturbing the peace ordinance is difficult to enforce because it requires the police to specifically identify those persons that have disturbed the peace. He explained that the pro - posed ordinance sets somewhat difference standards in that those persons at a gathering which constitutes a noisy party are considered in violation of the ordinance by their mere presence. He added that this ordinance amendment would specifically address the problem of quieting noisy party disturbances. A brief discussion ensued relative to the provisions of the proposed ordinance. In response to an inquiry by Councilman Fignar, the City Manager stated that the proposed ordinance primarily affects private property and buildings where a police officer is unable to witness who is making the disturbance but could be used to address disturbance and noise problems in parks and open spaces as well. Following further discussion there was a motion by ORDINANCE Councilman Fignar and seconded by Councilman Lhotka First Reading to offer for first reading an ordinance amending Chapter 19 of the City Ordinances providing for the abatement of noisy parties. Voting in favor: Mayor Cohen, Councilmen Fignar, Britts , Kuefler, and Lhotka. Voting against: none The motion passed unanimously. The City Manager introduced the next item of business, Vacating Easement that of an ordinance recommended for the purpose of vacating a portion of an easement pertaining to property _ at 6013 and 6019 Pearson Drive He stated that the easement was originally intended to provide emergency access for the Brooklyn Center Fire Department to a shallow well in that vicinity for fire protection purposes. He stated that the fire department no longer needs access to this well and that it is recommended that the easement be vacated. a The Director of Public Works briefly reviewed slides showing the location of the easement and its effect on the properties at 6013 and 6019 Pearson Drive. He explained that one of the property owners wishes to build a garage but cannot because of the easement. He added that although this emergency water access easement is proposed to be vacated, other utility easements would still be maintained. Following urther discussion here was a motion b Councilman ORDINANCE g nt yC c Kuefler and seconded by Councilman Lhotka to offer for first First Reading reading an ordinance vacating emergency water easements existing on Lots 15 and 16, Block 6, Pearson' s Northport 3rd Addition. Voting in favor Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Lhotka: Voting against: none. The motion passed unanimously. 6 -5 -77 -14_ Licenses Motion by Councilman Fignar and seconded by Councilman Britts to approve the following licenses; I TINERANT FOOD ESTABLISHMENT LICENSE Sears 1297 Brookdale Center MECHANICAL SYSTEMS LICENSE • Del Air Conditioning, Inc. 9860 James Circle R ENTAL DWELLING LICENSE Initial; Dale C. Wegner 593 5 Dupont Ave . N. SWIMMING POOL LICENSE Columbus Village Apts. 507 70th Ave. N. Hi Crest Apts . 1306 - 67th Ave . N. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none The motion passed unanimously. RESOLUTION Member Maurice Britts introduced the following resolution NO. 77 -115 and moved its adoption: 0 RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. ROBERT JENSEN 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. Twin Lake The City Manager reported that Councilman Lhotka was Boating Update prepared this evening to update the Council on the Twin Lake boating situation. Councilman Lhotka stated that he had nothing new to add regarding the Twin Lake boating situation but briefly r reviewed the results of the May 16,1977 meeting held by members of the tri -city Twin Lake Committee and various property owners living by Twin Lake for Council- men Kuefler and Fignar's benefit. Councilman Kuefler inquired if there had been any discussion relating to airplane access on Twin Lake. Councilman Lhotka responded in the negative. Council- man Fignar commented that he is aware of a party that uses Twin Lake for landing and launching an aircraft. He added that he knows personally that this person takes great efforts not to interfere with those utilizing the lake and only lands or launches his aircraft at a safe time. The City Manager commented that there may well be State law regulating the launching and landing of aircraft on lakes in the State of Minnesota. He suggested that the tri -city Twin Lake Committee research this matter. Councilman Kuefler expressed the opinion that if speedboats are a problem on the lake, then 15 -. 6 -6 -77 surely landing and launching an aircraft ,% - )uld also be a hazard. Councilman Lhotka reported that hopefully by the next City Council meeting a resolution will be presented to the City Councils of the three communities for their consideration. The City Manager reported that Councilman Lhotka has Open Forum requested that the subject of an open forum concept be discussed by the City Council. He explained that the matter was an item on the Tune 6, 1977 Council agenda but was held over for further discussion for full Council deliberation. Councilman Lhotka stated that he recommends the ' consideration of the open forum concept as a means of getting more public input in ways other than those already utilized. He further stated that the matter has been discussed by the City Council in the past and that he would like to see some time designated whereby citizens can bring their problems and air their opinions to the City Council. He added that this type open forum would not be designed to resolve problems that are presented at the time, but be utilized as a means for informing members of`the City Council. Councilman Fignar commented that he concurs with the idea of an open forum concept and that he would be willing to give it a try on a trial basis. He added that a set of ground rules would be necessary in order to operate such a concept, and suggested that an open ' forum be considered for. sometime other than the time set aside for a regularly scheduled City Council meeting, such as a Saturday morning. He stated that presently most City Council agendas are full and that he does not favor a type of open forum which would interfere or delay scheduled Council business. Councilman Lhotka stated that he felt an open forum could best be utilized at a formal or an official City Council meeting because the City Council would be sitting in an official capacity and would have more credibility with persons wishing to be heard. Councilman Kuefler stated that he concurs with Council- man Fignar's comments on the need for various ground rules before implementing such a concept. He suggested the possibility of scheduling time prior to a regular Council meeting and requiring persons wanting to be heard at an open forum to schedule their appearance. He added that he would not favor such a concept if it were utilized to voice personality type problems., He concluded by stating that given reasonable, workable rules he could favor such an idea. Councilman Britts concurred with Councilman Kuefler regard- ing the need for established ground rules for an open forum concept. He stated that he sees this concept as a means for persons to express their feelings to the City Council and to address elected officials as a public body. He explained that people are aware of when and where the City Council meets and would like to see such a concept be done in 6_6 -77 -16- conjunction with City Council meetings. He further stated that he would be amenable to public comment from persons in attendance at Council meetings relating to various matters discussed by the Council. He also suggested the possibility of moving City Council meetings to different areas of the City as a way for the Council to go to their constituents. Mayor Cohen commented that he understands the concerns of the other Councilmen but doubted the fairness to people who had official business on the Council agenda. He stated that he considers the Council's. agenda to be an appointment calendar where time is allotted for scheduled City business. He added that if an open forum concept is instituted it should be done prior to a City Council meeting so as not to interfere with the agenda . He too addressed to the need for ground rules relating to the institution of an open forum. Mayor Cohen then suggested that a committee of the Council be appointed to deliberate ground rules for an open forum and make recommendations to the Council as a whole. He inquired of Councilman Kuefler and Council- man Lhotka if they would be willing to serve on such a committee to develop the proposed ground rules for such a concept. Both Councilmen Kuefler and Lhotka responded in the affirmative. Mayor Cohen then requested the City Manager to coordinate the holding of such a meeting to insure that it would meet with the requirements of the Open Meeting Law. Councilman Britts inquired if as a "safeguard" it might be beneficial to have one or two nonelected people on this committee. The City Manager responded that such a provision would provide no "safeguard" insofar as Open Meeting Law charges may be concerned. Councilman Kuefler requested members of the City Council to submit written recommendations regarding ground• rules for an open forum which could be considered by Council - man Lhotka and himself when reviewing the matter. Adjournment Motion by Councilman Kuefler and seconded by Councilman Lhotka to adjourn the meeting Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Lhotka. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11 :10 p.m. { C erk Mayor -17- 6 -6 -77