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HomeMy WebLinkAbout1977 08-08 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 AUGUST 8, 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: p.m. Roll Call Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Also present were Acting City Manager James Merila, Assistant City Attorney Bill Clelland, Director of Finance Paul Holmlund, Director of Planning and Inspection Blair Tremere, and Administrative Assistants Brad Hoffman, Mary Harty, and Ronald Warren. Invocation The invocation was offered by Councilman Britts. Approval of Minutes Motion by Councilman Lhotka and seconded by Councilman 7 -11 -77 Fignar to approve the minutes of the July 11, 1977 City Council meeting as submitted. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Approval of Minutes Motion by Councilman Fignar and seconded by Councilman 7 -13 -77 Britts to approve the minutes of the July 13, 1977 Special City Council meeting as submitted. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Approval.of Minutes Motion by Councilman Britts and seconded by Councilman - 7 -18 -77 Lhotka to approve the minutes of the July 18, 1977 Special City Council meeting as submitted. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Approval of Minutes Motion by Councilman Kuefler and seconded by Councilman 7 -25 -77 Fignar to approve the minutes of the July 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. Final R.L.S. Approval Motion by Councilman Kuefler and seconded by Councilman (6810 Brooklyn Boulevard) Britts to approve the final R.L.S. submitted on behalf of Car -X Service Systems, Inc, for the property at 6810 Brook- lyn Boulevard as comprehended by Planning Commission Application No. 77025. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka . Voting against: none. The motion passed unanimously. The Acting City Manager reported that as part of the prelimi- nary approval for the above registered lard survey the City Council had directed the preparation of a resolution acknowl- edging that the property in question remains a single parcel under common ownership even though two separate buildings are developed on the site. He stated that such a draft resolution has been developed and is recommended for that purpose. -1- 8 -8 -77 A brief discussion ensued relative to the resolution with the Acting City Manager responding to an inquiry by Councilman ° Lhotka by stating that the resolution will be filed with the title to the property to acknowledge that the property is to remain a single parcel under a common ownership as long as the property serves a commercial development such as that previously approved by the City Council for this property. Member Gene Lhotka introduced the following resolution and RESOLUTION moved its adoption: NO. 77 -153 RESOLUTION REGARDING DEVELOPMENT AND PLATTING OF PROPERTY AT 6810 BROOKLYN BOULEVARD 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 and RESOLUTION moved its adoption: NO. 77 -154 RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVEMENT NOTES 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 Bill Fignar introduced the following resolution and RESOLUTION moved its adoption: NO. 77 -155 RESOLUTION AUTHORIZING THE PURCHASE OF FOUR (4) MOBILE RADIO TRANSMITTER RECEIVERS 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 and RESOLUTION moved its adoption: NO 77 -156 RESOLUTION AUTHORIZING THE PURCHASE OF SLAT BLINDS AND SHADES 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. 8 --8 -77 -2- J Ailey Paving The Acting City Manager introduced the next item of Improvement Project business on the agenda, that of a resolution recommended for the purpose of establishing and providing for a public hearing for Alley Paving Improvement Project No. 1977 -13. He explained that the Alley Paving Improvement Project was for the alley between James and Knox Avenues North from 53rd to 54th Avenue. He briefly reviewed a transparency indicating the reaction of property owners in the area to a petition carried for the improvement project. He stated that 42% of the affected property owners were in favor of the project while 58% were against. He further stated that for projects such as this, if 35% or more of the property owners are in favor of the project, the City Council is required to hold a public hearing and give further considera- tion to the project. He further stated that it is recommended that the City Council establish Monday, September 12, 1977 at 8:00 p.m. as the time for the public hearing and to deter- mine if the project should go forth. Councilman Kuefler left the table at 7 :48 p.m. Mayor Cohen commented that in most cases the costs for maintaining unpaved alleys runs higher than the costs for maintaining paved alleys. Further discussion ensued relative to establishing a public hearing for this alley paving improvement project. Councilman Kuefler returned to the table at 7:50 p.m. In response to an inquiry by Councilman Fignar the Acting City Manager stated that a four- fifths majority vote of the City Council is needed to order an improvement project when only 35% to 50% of the affected property owners are in favor of the project, while a simple majority of the City Council is needed to order the project when over 50% of the affected property owners are in favor of it. RESOLUTION Member Bill Fignar introduced the following resolution and NO. 77 -157 moved its adoption: RESOLUTION ESTABLISHING AND PROVIDING FOR A PUBLIC HEARING FOR ALLEY PAVING IMPROVEMENT PROJECT NO. 1977 -13 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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. Planning Commission The Acting City Manager introduced the next item of busi- Application No. 77028 ness, that of Planning Commission Application No. 7702P8 (Bruce Ranney for submitted by Bruce Ranney for I.D.S. , Inc. I.D.S. , Inc.) The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 77028 and the Planning Commission action at its July 20, 1977 meeting. He stated that the application was a request for preliminary plat approval for property known as the Riverbrook Town- house Addition at 66th Avenue North and Camden Drive. -3- 8 -8-x77 He explained that the request was a replat of the subdivision ` which was approved approximately five years ago when site and building plans were approved. He further stated that the present subdivision consists of 38 lots for the townhouses and one tot representing the entire common area. He explained that the proposed replat involves a name change to Riverwood Townhomes Addition, comprehends the 20 existing lots in the north-south phase to be contained in one block and the east- west phase proposed as an outlot which could be subdivided into individual lots at a later date. Ile added that the division line between the east -west phase and the north - south phase allows for adequate density for the portion which has been constructed. He stated that if the outlot would be subdivided and developed separately in the future, there would be less total units than if it were combined with the constructed portion. The Director of Planning and Inspection next reviewed a transparency showing the locating and configuration of the property in question and a brief discussion ensued. He stated that MN /DOT has indicated that some of the land on the east side of the proposed outlot will be needed for a upgrading T.H. 169 and that the applicant is aware of this possibility. The Director of Planning and Inspection then reviewed the preliminary plat with members of the City Council and further discussion ensued. In response to an inquiry by Councilman Lhotka the Director of Planning and Inspection explained that an outlot is generally defined as either the designation of a remnant parcel which is deficient in size such that it can not be a legal buildable lot without further combination with other property or a lot designated for future subdivision. Mayor Cohen recognized Mr. Robert Levy, Attorney for the applicant, who commented that the outlot might be rolled into the other leg of the parcel if development occurs. He added that at this time I. D. S. , Inc. is not certain that they will handle the development of the area designated as an outlot and may well wish to have someone else develop that portion of the property. He explained that it is too early for I.D.S. to make such a determination. Mayor Cohen opened the meeting to notified property owners. Public Hearing No one spoke relating to the application. The Acting City Manager referred to condition No. 5 recom- mended by the Planning Commission for approval of the application which recommends that the final plat be amended to reflect a format consisting of blocks and lots consistent with City Ordinance provided such a format is acceptable to Hennepin County as verified by the City Engineer and stated that the County requires a format similar to that recommended by the applicant. He stated that there would be no problem with such a format and recommended that the Council not consider condition No. 5 as part of their approval. He recommended that in place of this condition of approval the City Council require a roadway dedication along T.H. 169 to acknowledge MN /DOT's request for additional right of way for the proposed upgrading of that roadway. 8 --8 -77 -4- I Action Approving Following further discussion there was a motion by Planning Commission Councilman Fignar seconded by Councilman Kuefler to Application No. 77028 approve Planning Commission No. 77028 submitted by (Bruce Ranney for Bruce Ranney for 1. D. S. , Inc. subject to the following I . D , S . , Inc.) conditions: 1 . Final plat is subject to approval by the City Engineer. 2. Final plat is subject to the requirements of Chapter 15 of the City Ordinances. 3. The ownership, management and maintenance of all outside common areas and common facilities, including roadways, utilities, and street lighting, shall be under the jurisdiction of the Homeowners Association. 4. Homeowners Association agreements and bylaws shall be submitted to the City; shall be submitted to review and approval by the City Attorney; and shall include: a . Provisions for the City to provide maintenance and revitalization of roadways, utilities and other common use facilities, in the event the City deems such maintenance and revitalization necessary, with the cost of such expense which might be incurred to be assessed to the property owner; b. Provisions for water main, sewer main and fire hydrant maintenance inspection agreements pursuant to Section 35 -410 (5) of the City Ordinances. 5. The final plat shall show a roadway dedication along T.H. 169 consisting of a strip of land 26' wide on the north side of the parcel and 36' wide on the south side of the parcel. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. RESOLUTION Member Tony Kuefler introduced the following resolution and NO. 77 -158 moved its adoption: RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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. Noisy Parties The Acting City Manager introduced the next item of business, that of a second reading of an ordinance regarding noisy parties. He stated that the ordinance was first read on June 6, 1977, published on June 16, 1977, had an amended first reading on July 11 , 1977 and was republished on July 21 , 1977. He stated that the ordinance is offered this evening for second reading and adoption. r -5 8- 8 - -77 Mayor Cohen stated that the major difference between this ordinance and a disturbing the peace ordinance has to do with the enforcement. He noted that under the proposed ordinance a person can be found to be in violation of the ordinance by their mere presence at a noisy gathering which has been determined to be a disturbance of the peace, while disturbing the peace statutes require that a particular person be identified as being the source of the noise at such a gathering. He added that the title of the ordinance which refers to noisy parties really distorts the intent of the ordinance which is addressing disturbing the peace complaints. Councilman Britts concurred with the Mayor and stated that the proposed ordinance has received much adverse publicity. He' inquired as to the reason for entitling the ordinance the abatement of noisy parties when in effect the ordinance is addressing disturbing the peace. The Assistant City Attorney commented that the model ordinance used to develop this proposed ordinance had such a title and that while the proposed ordinance was being developed the problem that was being centered around was noisy parties in particular. He explained that there is nothing significant in the noisy party title and stated that the ordinance could just as well be entitled An Ordinance Regarding the Abatement of Noise. Councilman Britts inquired if a disturbing the peace complaint would require that an officer use another ordinance rather than the one in question to site a violator. The Assistant City Attorney responded that the language of the proposed ordinance would not limit its enforcement to only noisy parties because it also refers to "any gathering of people from which noise emanates of a sufficient volume as to disturb the peace, quiet or repose of persons residing in any residential area." A lengthy discussion ensued relative to the proposed ordinance, its reference to noisy parties and its relation to disturbing the peace ordinances. In response to an inquiry by Councilman Britts, the Assistant City Attorney stated that the proposed ordinance could be included with the disturbing the peace ordinance by the addition of a subsection or subdivision to that ordinance. In response to an inquiry by Councilman Fignar, the Assistant City Attorney stated that a statement of purpose for the disturbing the peace ordinance, as well as a statement of purpose for the proposed ordinance, should be included which would probably have the effect of doubling the size of the present disturbing the peace ordinance. He added that there would be no problem in changing the title of the ordinance and the reference to noisy parties in particular because such a change would not affect the substance of the ordinance. The Acting City Manager pointed out that any change to the proposed ordinance would require that it be republished. Councilman Fignar stated that he agrees that the title of the ordinance which refers to noisy parties is probably not an appropriate title but that he favors adopting the ordinance so that it will take effect in the relatively near future rather than delaying its implementation further by amending the ordinance, republishing it and again acting on it. 8 -8 -77 -6- Councilman Lrttts stated that he fails to see the reason for the need to republish the ordinance merely to change the title of the ordinance as long as the substance is not changed. Mayor Cohen pointed out that the City Charter requires the publication of all ordinances that are amended or that are to be newly enacted. Councilman Fignar stated that he favors adopting the ordinance this evening and then consider a first reading of an ordinance that would amend the title so as to more appropriately identify the intent of the ordinance. ORDINANCE Member Bill Fignar introduced the following ordinance and NO. 77 -11 moved its adoption: AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES PROVIDING FOR THE ABATEMENT OF NOISY PARTIES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section l . Chapter 19 of the City Ordinances is hereby amended by the addition of the following: S ection 19 -1201. PURPOSE. I is recognized that loud, unpleas raucous or prolonged noise can a nd does have a harmful, debilitating a nd detrimental effect up human beings, adversely affecting their mental and physic health, safety an well being. Such loud unpleas raucous or prolonged n oise and the resulting detrimental, debil itating and harmful effects upo human beings h as become a ma jor contempor urban concern and is now considered to be a pollutant, not dissimilar to the pollutio of the air and water by toxins or particulates. In an en to provid for the mental and physical health, safe well - being a nd _peaceful repose of its citizens and their neighbor- hoods, it is her declared to be in the public i that Loud, unpleasant, raucous, unnecessary or prolonge noise be abated Section 19 -1202. NOISY P ARTIES. No person shall congregate because of participate in, or b apy party or gathering of people from which noise ema of a sufficient volume so as to disturb the peace, quiet or repose o f persons r esiding in any resi area. No person shall v i s it or remain within any residential dwelling u nit wherein such p art y or gat is tak place e per wh h ave Gone there for the sole p IlEpose of abating said disturbance. A police officer may order all persons p in any grou or g athering from which such noise emanates, other than the own or tenants of t dwellin to immediately disperse in li of being charged under this ordinanc Owners or tenants of the d welling u nit shall immediately aba the disturb and, failing to do so, shall be i ., v iolation of this ordinance. S ection 19 -1203. PENALTY. Any pers violat th rovis of this ordinanc shall won c onviction be punishe by a fine of not more than three hundred ($30 and by impri not to exc eed ninet 9 dates, or both -7- 8 ..8 -77 Section 2 . This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 8th day of August, 1977. The motion for the adoption of the foregoing ordinance was duly p 9 g Y seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Figna'r, and Gene Lhotka; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Further discussion ensued relative to changing the title of the noisy party ordinance and the reference in Section 19 -1202 to Noisy Parties. Following the discussion there was a motion by Councilman ORDINANCE Britts and seconded by Councilman Lhotka to offer for first first reading reading an ordinance amending Chapter 19 of the City Ordi- nances providing for the abatement of noise by deleting in Section 19 -1202 the words "NOISY PARTIES" and replacing it with the words "NOISE ABATEMENT". Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unani- mously. The Brooklyn Center City Council recessed at 8 :38 p.m. Recess and resumed at 9 :00 p.m. The Acting City Manager reported that an ordinance amending Building Permit Fees Chapter 3 of the City Ordinances regarding updating code references and increasing permit fees so that they would be in line with the fees charged by other communities had not been prepared in time for this evening's meeting and recom- mended that the matter be deferred until the next City Council meeting. The Acting City Manager introduced the next item of business Metropolitan Systems on the agenda, that of a review of the Metropolitan Systems Statement Statement relative to the 1976 Metropolitan Land Planning Act. He explained that a resolution had been prepared for the purpose of accepting the Metropolitan Systems Statement but recommend - ed that the Council not act on the resolution this evening so that there could be further review of the Systems Statement and a possible amendment to the resolution. He explained that the Systems. Statement contains the parameters to be used for a comprehensive plan for Brooklyn Center. He briefly reviewed the process whereby the Systems Statement could be challenged, explaining that the concept of Metro Land Planning itself could not be challenged but that the application or interpretation of the Metropolitan System Plan to a particular community as contained in the Systems Statement could be challenged. He pointed out that the City has 60 days after receipt of the Metropolitan Systems Statement to challenge various things contained in the statement. He pointed out that the Systems Statement was received on June 23, 1977 and that any challenge must be made by approximately August 23, 1977. The Director of Planning and Inspection proceeded to review, part by part, the Metropolitan Systems Statement for the City of Brooklyn Center highlighting the various aspects. He stated that the first part was population, employment and housing need projections He referred to the population forecasts which are developed by the state demographer and commented that the loss in popu- 8 -8 -77 -8- lation as projected in the forecasts does not seem consistent with the way things are in Brooklyn Center. He pointed out that this fact has been brought to the attention of the Metropolitan Council. Regarding housing he stated that the Systems Statement requires that the local comprehensive plan must specifically make provision for sufficient existing or new housing to meet the communities share of regional needs for low and moderate income housing and that the plan must further contain an implementation program for carrying out the housing objectives. He commented that the statement seems to imply that there should be locally financed housing subsidies but in effect what they are commenting on is the Metropolitan Housing Policy and that apparently other nonlocal housing programs could be utilized to meet this objective. He explained that the Metropolitan Council has the authority to review and comment on the apparent consistency of the adopted Comprehensive Plans and the Capital Improvement Programs with other adopted chapters of the Metropolitan Development Guide. He pointed out that it is, therefore, advisable that the community consult the entire Metropolitan Development Guide in formulating their plans. The Director of Planning and Inspection next reviewed Metropolitan Facilities which include: 1 . Transportation; 2. Airports; 3. Waste Management; and 4. Recreation Open Space. Regarding transportation the Director of Planning and Inspec- tion commented on the plans for upgrading T.H. 169 north of FI 94/694 and explained that no realignment of this roadway in Brooklyn Center was contemplated but that the upgrading of the roadway along the existing alignment in Brooklyn Center was contemplated and that, although MN /DO1 does not have current plans regarding this project, the City is expected to preserve the corridor for this upgrading. Councilman Fignar commented that the Systems Statement seems to indicate that T.H. 100 from 34th Avenue North to T.H. 152 is to be upgraded by 1980, which does not seem to be clearly feasible. The Acting City Manager commented that there seems to be a difference of opinion between MN /DOT and the Metro Council over the timetable for this project. He stated that it is not anticipated that the upgrading of this portion of T.H. 100 would fall into the 1980 schedule as indicated in the Systems Statement. The Director of Planning and Inspection next referred to a map (Map A -4) relating to the functional classification system for roadways in Brooklyn Center had been adopted by the Metropolitan Council and its Transportation Advisory Board. He stated that there is a lack of clarity in the map particularly in regard to 63rd Avenue North between T.H. 152 and the west corporate limits. He explained that the map indicates this to be a minor arterial road while Brooklyn Center has designed and designated this roadway to be a "collector road". He pointed out that Hennepin County, when developing their transportation plan, originally had designated 63rd Avenue North to be a minor arterial. The Acting City Manager also pointed' out that Humboldt Avenue between 53rd Avenue North and 57th Avenue North also need further clarification in that the map seems to indicate that this roadway is also designated as a minor arterial while it would. be a collector roadway. _9._ 8 -8 -77 He added that it is important to get clarification of these designations at this time to aviod any future complications and that this is one area which should be addressed in a resolution from the City Council to the Metropolitan Council regarding the Metropolitan Systems Statement. The Director of Planning and Inspection next reviewed that portion of the Systems Statement which deals with airports. He explained that Brooklyn Center is primarily affected with regard to this Metropolitan facility by the Crystal airport. He stated that specific information pertaining to airports is to be provided along with the Systems Statement amend- ments following the revision of the airports development guide and stated that further clarification should be obt 'ained as to when we can expect to receive this information so that the planning process can be adequately handled. He further explained that the Systems Statement makes reference to an Airport Zoning Board which it says may be an aid in the planning task. He stated that we are not yet sure of the implications of the airport planning and the effect of this Airport Zoning Board, and that this matter would have to be looked into further. The Director of Planning and Inspection next reviewed the waste management section of the Metropolitan Systems Statement. He stated that there are some questions regarding the average daily flow of sewage which is not to exceed 3.51 million gallons per day and is based on an anticipated flow of .22 million gallons per day of industrial sewage and a sewered residential population of 36,000. He explained that no study has been completed, so no definite value can really be given. He added that this seems to be a grey area which needs further definition. The Director of Planning and Inspection further reported that the City has raised issued with three specific sewer interceptor definitions and has requested the Metropolitan Waste Control Commission to purchase the sewer facility from 55th Avenue North and Lyndale to 52nd Avenue North and Lyndale; the sewer facility from North Lilac Drive and Vincent to 52nd Avenue and Vincent; and thirdly the sewer facility from 53rd Avenue and Penn to 52nd Avenue and Penn. The Acting City Manager briefly explained the reason for the request and stated that the request had been made at least four years ago. He stated that water pollution from storm sewer runoff is also .a matter of concern which must be faced with in the future and that the Systems Statement notes that the City should address storm water runoff in a manner consistent with the plans and policies of the water resources chapter of the Metropolitan Development Guide. The Director of Planning and Inspection next reviewed recrea- tion open space portion of the Metropolitan Systems Statement. He noted that there are no existing or proposed Metropolitan . Park Facilities located within the City of Brooklyn Center but that the regional recreation open space system plan indicates that part of the regional trail system will be located within the City. He reported that the Metropolitan Parks and Open Space Commission has appointed a task force to revise the trail plan and to report back to the Commission. He added that a copy of the new plan will be available when it is adopted and will outline any portions of the plan that may affect the City of Brooklyn Center. The Director of Planning and Inspection pointed out that our Comprehensive Plan will have a -1 8-8-77 - n recreation and open space portion to it and that the Park and Recreation Commission is now- in the process of developing a comprehensive plan for City parks. Councilman Kuefler commented that it is his understanding that the Metropolitan Council isn't going to purchase open space property that has already been purchased by a muni- cipality but only areas which could be added to park and open space areas that are not already under the ownership of another jurisdiction. A discussion ensued relative to whether or not the City should seek to have the Metropolitan Council designate Palmer Lake as an area of regional signifi- cance. Councilman Kuefler stated that he favored leaving the designation of Palmer Lake as it is with the understanding that such designation could be sought in the future if needed. The Acting City Manager pointed out that if it can be shown that Palmer Lake benefits more than just our own area, development of that area could be given a higher priority for funding whether or not it is designated as an area of regional significance by the Metropolitan Council. Further discussion ensued relative to the Palmer Lake area with Councilman Britts stating that it might be worthwhile to pursue the possibility of seeking federal or state funds for future development of Palmer Lake as a nature area. Councilman Kuefler responded that the Park and Recreation Commission, in conjunction with its comprehensive review and planning for all City parks and open space areas, has requested the City staff to research the availability of alternative sources of funding for park and open space development, such as federal or state grants, to supplement local funding efforts. He pointed out that this matter is presently being researched and the results are not yet available. Councilman Britts requested that the Council be kept informed of the results particularly with regards to the Palmer Lake area. The Director of Planning and Inspection next reviewed the last portion of the Metropolitan Systems Statement, that being exclusions. He explained that the Metropolitan Land Planning Act provides that this Systems Statement specify any parts of a land use plan, public facilities plan or implementation program which may be excluded from the comprehensive plans of the local governmental units. He stated that the Systems Statement provides that all provisions of the Metropolitan Land Planning Act shall be included in the Comprehensive Plan of the City of Brooklyn Center. A brief discussion ensued relative to the report. Action Directing the Following the discussion there was a motion by Councilman Preparation of a Resolution Britts and seconded by Councilman Lhotka to direct the Acting City Manager to .prepare the necessary resolution outlining the concerns expressed during the discussion relative to the Metropolitan Systems Statement. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against; none. The motion passed unanimously. Report on the Annual The Acting City Manager introduced the next item of business Financial Report on the agenda, that of a report by Director of Finance Paul Holmlund relating to the annual financial report. -1 l - 8 -8--77 The Director of Finance proceeded with a summary report and slide presentation relative to the annual audited financial report of the City of Brooklyn Center for the year ended December 31, 1976. He briefly reviewed City Charter requirements which require that the City Manager submit an annual audited report to the City Council covering the entire financial system of the City for the past year. He explained that there are three major sections to the financial report which include the introductory section, the financial statements section, and the statistical information section. He stated that in addition to general fund statements the report includes special revenue funds statements, debt service fund statements, capital projects funds statements, enterprise funds statements, trust and agency funds state- ments, special assessments funds statements, general fixed assets statements, debt and interest statements, and notes to various financial statements. He reported that the total 1976 budget was $3,591 ,683. He briefly reviewed the City's financial activities high- lights during 1976 which include the upgrading of the City's bond rating to that of an "A" rating; the selling of $980,000 of general obligation improvement bonds at a net interest rate of 5.0396 the paying off of $815,000 principal of scheduled bond maturities; the fact that total interest earnings of $592 , 363 were distributed to partici- pating funds of the investment trust fund; that the department of finance successfully completing the conversion of its accounting functions to the joint powers LOGIS computer system; and that the department began the process of automating its fixed asset control system through LOGIS, and that the project is about 805, completed. He reported that the fund balance for the general fund was $858,464 which represents working capital that is available to finance general operations of the City. Mayor Cohen commented that this is an important point in that if the City did not have this working capital it would have to borrow for it. The Director of Finance then reviewed levy limitations and fiscal disparities and commented that for the first three years of the Fiscal Disparities Law the City has been near to the break even point. Mayor Cohen stated that in 1975 and 1976 the City showed a net gain, while in 1977 the City showed a loss due to fiscal disparities and pointed out that new development in a City doesn't necessarily mean our dollar income has been helped. The Director of Finance then proceeded to review Federal Revenue Sharing, debt administration, public utilities, and the liquor fund. He reported that the City's three municipal off -sale liquor stores earned a combined net profit of $147,143 for calendar year ended December 31 , 1976. He further reported that the liquor fund transferred $140,000 of those earnings during the year to the general fund to assist in the financing of City operating expenses. He then reviewed the investment trust fund special assess- ments funds, general fixed assets and the independent audit. He reported that the City Charter requires that the City Manager's annual report to the Council concerning the entire financial system of the City be audited. He added that this requirement has been complied with and the auditor's opinion is included with the report. I 8 -8 -77 -12- Following the Director of Finance's report a brief discussion ensued relative to the annual financial report. Remodeling Entry to The Acting City Manager introduced the next item of business Police Department on the agenda, that of consideration of the possibility of remodeling the entrance to the police department. He explained that Councilman Fignar has requested the subject be discussed by the City Council. He further explained that the remodeling would consist of providing an entrance to the police department from the outside lower level to provide a more convenient entrance from the City Hall parking lot to the police department. He pointed out that there have been a number of concerns expressed by people utilizing the police department especially during the evening hours when in some cases it is difficult to find the entrance. Councilman Fignar stated that several sources have brought this problem to his attention and have commented that the accessibility to the police department is difficult because parking is generally down below in the parking lot while main entrance to the police department is on the upper level through the City Hall entrance. He pointed out that there is only limited parking in the plaza area and that it might be beneficial to have an entrance at the lower level adjacent to the parking lot. He further stated that he feels the Council should look at this alternative and if it is not cost prohibited possibly institute such a remodeling program. The Acting City Manager stated that the problem has been discussed with the police administration who has also received a number of complaints regarding the entrance problem. He stated that one of the major concerns with remodeling an entryway into the policy department is to maintain the security that is now present in the area. He explained that it does not seem feasible, because of the security requirements, to make an entrance to the police department which would be at the closest point to the parking lot. He briefly reviewed a transparency showing the police department layout and stated that basically there are two alternatives. One would be to have a corridor running through the civil defense office to the public inquiry area which would mean utilizing approximately four feet of the civil defense office. He stated that the other alternative would be to use the large corridor area just north of the civil defense office and to install a new wall which would make a hallway into the public inquiry area. He explained that the second alternative has the added feature of providing a noise barrier to suppress much of the noise generated by the standby emergency generator which is located in the building maintenance area just north of the civil defense office, and that this plan would not call for any loss in the civil defense office space. He pointed out that no cost estimates have been obtained but that it is anticipated that the remodeling costs would not exceed $6,000 on a contract basis. He added that if the City Council sees merit in providing this new entryway he will pursue cost estimates for inclusion in the 1978 budget. In response to an inquiry by Councilman Britts the Acting City Manager stated that the plans would include signery and lights for the signery which would indicate the police department entrance. Mayor Cohen commented that he felt the matter should be pursued now, if it is financially possible, rather than to include the construction in the 1978 budget proposal. Councilman Kuefler inquired if 1;_ 8_8_77 such an entryway would provide access to the police department for the handicapped. The Acting City Manager responded that it would and pointed out that presently the police department is accessible to the handicapped through the use of a security door which is located across from the lower level entrance into the City Hall. He pointed out that although this entrance is acces- sible to the handicapped it is not desirable to utilize as such because of security aspects. A brief discussion ensued relative to the proposal with it being the consensus of the City Council that the matter be further reviewed. A discussion also ensued relative to the possibility of implementing such a proposal prior to the 1978 budget year. Following further discussion there was a motion by Councilman Action Directing Fig`rlar and seconded by Councilman Kuefler to direct the Acting Further Review City Manager to further pursue the feasibility of constructing a new lower level police department entry and establish cost estimates for possible construction in 1977. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. The Acting City Manager presented the City Council with a City Council tentative schedule for future City Council meetings for the Meeting Dates months of August and September. He explained that the tentative schedule includes special meetings such as the August 15 Joint Meeting with Advisory and Charter Commis- sions in addition to special meetings for the budget review. He added that it has also been tentatively scheduled with Loren Law and Associates that the evening of September 16 and the morning of September 17 be used for dates for inter- viewing prospective City Manager candidates, and that a special City Council meeting be held on September 17 at approximately 2:00 p.m. for a group interviewing of candidates and to make a decision on the selection. A brief discussion ensued relative to the tentative schedule proposed by the Acting City Manager. Following the discussion there was a motion by Councilman Action Establishing Kuefler and seconded by Councilman Lhotka to establish the Tentative City Council following tentative schedule for City Council meeting dates Meeting Dates in August and September: August 15, 1977 - Joint Meeting with Advisory and Charter Commissions; August 22, 1977 - Regular Council Meeting; September 12, 1977 - Regular Council Meeting and Budget Review; September 14, 1977 - Special Meeting for Budget Review; September 16 and 17 - Dates for Interviewing City Manager Candidates on a one -on- one basis with a special City Council meeting at approximately 2 :00 p.m. on September 17 for interviewing the candidates collectively and making a decision on the selection; September 19, 1977 - Regular Meeting, Special Assessment Hearing, and Budget Review; and September 21, 1977 - Special Meeting for Budget Review. Voting in favor: Mayor Cohen, Councilmen Britts , Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Councilman Lhotka inquired if it was the normal procedure Budget Review to have department heads present during special budget Meetings review meetings when their budget is being considered by the City Council. Mayor Cohen stated that this is not the normal procedure. The Acting City Manager reviewed the budget process and stated that during the last two weeks he and the Director of Finance have spent a considerable amount of time with department heads reviewing the various requests they have submitted for the 1978 budget proposal. 8 -8 -77 - -14- He stated that in the past department heads have not been present during the budget review meetings when their budget is being considered by the City Council, and that he would not recommend that this practice be instituted now. He explained that the City Manager is required by the City Charter to submit an annual budget to the Council and that in effect the budget is the City Manager's proposal. Mayor Cohen commented that in the past when questions have arisen during the budget review relating to a particular department that the City Manager could not answer at that time, the City Manager would be directed to pursue the matter and bring the information back to the City Council. He stated that he does not feel that it is necessary now that department heads be present during their budget hearings. Councilman Fignar stated that the Council might be setting an undesirable precedent by requesting that department heads be present at the budget hearings. He explained that the Council might have a hard time living with such a precedent in the future. Councilman Lhotka stated that he is well aware that the budget is the City Manager's budget but stated that since the budget for a department was originally developed by a department head it might be beneficial, for informational purposes only, to have the department head present so that any potential questions could be answered immediately. Councilman Kuefler stated that the document submitted to the City Council contains two columns relative to the upcoming budget, one column being that which was requested by the department and the other column containing that which is recommended by the City Manager. He stated that it was his opinion that if the City Manager has had to trim portions of a department's budget requests, that the manager would be well aware of the reason why it was done and that there would be no need to deal with anyone other than the City Manager regarding the request. He added that there has not been a problem regarding questions that could not be answered by the City Manager in the past in that the Manager has always responded to informational questions either at the meeting or by follow- up research. He concluded by stating that he favored continuing with the practice of not requesting that depart- ment heads be present at the budget review., Councilman Lhotka stated that it was not his point that the department heads be present to discuss whether or not an item should be cut, but that it might be beneficial to have that person present to answer various technical or informa- tional questions relating to the departments function. He stated that it seems to him that there might be times when questions would arise that could be better answered by the department head. Mayor Cohen stated that he does not feel it is necessary that department heads be present at the budget review and suggested that the Council go through the budget review process as it has been done in the past and that if problems arise which cannot be adequately answered, the Council could there request the Acting City Manager to bring back the necessary information or ask the Acting City Manager to invite the department head in if it is needed. -I S B-8-77 Councilman Britts stated that it seems the Council has already this evening set another precedent. He explained that he was referring to the Council's earlier first reading of an ordinance amending Chapter 19 in which the title to the ordinance was changed and no major substantive changes were included. He further explained that it is his impression that the City Council has amended various ordinances in the past when there have been no substantive changes without having the ordinance published. He stated that he was referring to the junk car ordinance which was amended a few years ago by changing the word "and" and replacing it with the word "or . He stated that it was his recollection that this ordinance was not republished at that time. Mayor Cohen stated that he has requested the City Attorney to prepare a memorandum relative to the proper procedure for adopting ordinance amendments according to the City Charter. He also requested the Acting City Manager to review the junk car ordinance to determine whether or not amendments to that ordinance were published. Motion by Councilman Britts and seconded by Councilman Licenses Lhotka to approve the following licenses: FOOD ESTABLISHMENT LICENSE McGlynn Bakery 7752 Mitchell Road Dayton's Brookdale GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE Blueboy Services 6764 Colorado Ave. N. Maroney's Service Route 3, Box 30A Peikert Sanitation Route 2, Box 195 Waste Control 9 5 W. Ivy Street ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Jaycees 6218 Lee Ave N. (Softball Tournament) M SYSTEMS LICENSE Building Services, Inc. 5502 Douglas Dr. SWIMMING POOL LICENSE Evergreen Park Manor 7200 Camden Ave. N. Riverwood Townhouses 66th & Camden Ave. N. TEMPORARY ON -SALE NONINTOXICATING LIQUOR LICENSE Brooklyn Center faycees 6218 Lee Ave. N. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Motion by Councilman Kuefler and seconded by Councilman Adjournment Fignar to actjourn the meeting. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. The Brooklyn Cente City Council adjourned at 11 :15 p.m. erk Mayor 8 -8 -77 -16-