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HomeMy WebLinkAbout1977 10-03 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 OCTOBER 3, 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 7:58 p.m. Roll Call Mayor Philip Cohen, Councilmen Maurice Britts, Tony Kuefler, and Gene Lhotka. Also present were Acting City Manager James Merila City Attorney Richard Schieffer, Director of Finance Paul Holmlund, Director of Parks and Recreation Gene Hagel, Director of Planning and Inspec- tion Blair Tremere, and Administrative Assistant Ronald Warren. Mayor Cohen reported that Councilman Fignar had informed him that he might not be able to attend this evening's City Council meeting and that if he was able, he would be late. Approval of Minutes Motion by Councilman Kuefler and seconded by Councilma,. 9 -12 -77 Lhotka to approve the minutes of the September 12, 1977 City Council meeting as submitted. Voting in favor: May Cohen, Councilmen Britts, Kuefler, and Lhotka. Voting against: none. The motion passed unanimously. 4 Approval of Minutes Motion by Councilman Lhotka and seconded by Councilman 9 -15 -77 Kuefler to approve the minutes of the September 15, 1977 special City Council meeting as submitted. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, and Lhotka. Voting against: none. The motion passed unani- mously. Approval of Minutes Motion by Councilman Kuefler and seconded by Councilman 9 -17 -77 Lhotka to approve the minutes of the September 17, 1977 special City Council meeting as submitted. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, and - Lhotka. Voting against: none. The motion passed unani- mously. 1978 Budget The Acting City Manager .introduced the next item of busi- ness, that of consideration of resolutions recommended for the purpose of adopting the 1978 Budget and 'authorizinc. a 1978 tax levy in accordance with the budget hearings recently held by the City Council. He briefly reviewed a summary of the 1978 Budget noting the changes authorized by the City Council. Councilman Britts commented that during the budget deliberations the City Council had discussed a number of items that it wished. the new City Manager to review and various other items which will again be considered by the City Council. Mayor Cohen requested the Acting City Manager to review the minutes of the budget hearings and prepare a list of items that the Council has requested for further review or further information and also matters whi&. are being held for further review by the new City Manager. -1- 10 -3 -77 The Acting City Manager continued with a review of the changes to the proposed budget and commented briefly on the Parks Maintenance water utility appropriation which was increased by $500. He explained that this would provide for the cost of water in the event that the Council would approve the opening of certain ice rinks without providing heated, unattended warming houses. He further explained that it has recommended that Riverdale Park have an ice surface but no warming house facilities primarily because of the traffic problems on T.H. 169. He stated that originally it was anticipated that persons using Riverdale Park could use the Evergreen Park skating facilities because of the close proximity between the two parks. He further stated that the cost for maintaining ice at Riverdale would be approximately $200 and it is felt that this amount could be absorbed in the budget. In response to a question by Councilman Britts, the Acting City Manager stated that there has been a shift in the property tax from single family homestead residential properties to other classes of property such as commercial and industrial property. He explained that this change has the effect of reducing the assessed value of homestead property through changes in the formula used in determining assessed value. He explained that even though the 1978 mill rate increased by slightly less than one mill, the City taxes on a $35,000 Brooklyn Center homestead actually will decrease by approximately 13 5.. The Director of Finance pointed out that if there wasn't a shift from residential homestead property to commercial and industrial property, the mill rate would have been lower than last year but property taxes could have gone up. Mayor Cohen commented that it seems that the mill rate and taxes can't be compared effectively with last year's mill rate and taxes because of the changes. Member Maurice Britts introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -178 RESOLUTION TO ADOPT THE 1978 BUDGET 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, 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 -179 RESOLUTION TO AUTHORIZE A TAX LEVY FOR 1978 BUDGET APPROPRIATIONS 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, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and - -- adopted 10 -3 -77 -Z- i RESOLUTION Member Maurice Britts introduced the following resolution NO. 77 -180 and moved its adoption: RESOLUTION TO CANCEL LEVY PREVIOUSLY CERTIFIED TO THE COUNTY AUDITOR 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, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Gene Lhotka introduced the following resolution NO. 77 -181 and moved its adoption: RESOLUTION TO CANCEL LEVY PREVIOUSLY CERTIFIED TO THE COUNTY AUDITOR 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, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 77 -182 and moved its adoption: RESOLUTION TO CANCEL LEVY PREVIOUSLY CERTIFIED TO THE COUNTY AUDITOR 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, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Special Assessment The Acting City Manager introduced the next item of busi Hearing ness, that of a scheduled public hearing on proposed special assessments for the Diseased Shade Tree Program. He explained that notices had been sent informing property, owners of this special assessment hearing. He briefly reviewed the City's policy for removing diseased shade trees and commented on the effect of the City's participa- tion in the State grant program for removing diseased shad, trees. He explained that credit for the State grants will be applied toward the property owner's assessment when -it is received. He added that property owners can prepay their assessments through November 4 without interest costs and that any assessments paid after November 4 but before November 15, 1977 will be subject to daily interest at the rate of 8% from October 1 to date of payment Public Hearing Mayor Cohen opened the meeting to notified property owners relating to special assessments for the Diseased Shade Tree Program, and recognized Dolores Hastings, 5813 Aldrich Avenue North., Mrs. Hastings inquired if persons receiving removal notices after November 4 would be able to qualify for State funds for removing diseased shade trees. The Acting City Manager responded that the -3- 10 -3 -77 November 4 date has nothing to do with the State reimburse - ment program. He pointed out that any property owner removing a tree after mid September under the City's Diseased Shade Tree Assessment Program would not be assessed until 1978. Mayor Cohen inquired if anyone else wished to be heard. There being none, the public hearing was closed. Councilman Britts commented that he has been informed that other municipalities, such as Fridley, will pick up and dispose of diseased elms cut down by property owners and that they make use of a special fund. He inquired if anyone was aware of such a program or if the matter could be further researched The Acting City Manager responded that there are a number of ways communities can participate along with the State grant program to provide for the removal and disposal.of diseased elm trees. He added that if a municipality is providing additional funds, beyond that of the grant program, it is in all likelihood doing so through the use of general property taxes. He stated that this matter would be further researched and the City of Fridley contacted regarding how they are administering their Diseased Shade Tree Removal Program. In response to an inquiry by Councilman Lhotka, the Acting City Manager stated that the 1978 Budget comprehends funding from the State for diseased shade tree removal. He explained that to utilize these funds property owners must be assessed for the removal costs. He stated that property owners are responsible for all of the removal costs for diseased trees on private property while the City participates in 50% of the removal costs for boulevard trees Councilman Kuefler referred to a report presented to the City Council approximately two years ago which estimated the removal costs for diseased trees during the Dutch elm disease epidemic to be in excess of $1 million. He stated that at the time the City Council policy for diseased shade trees removal was developed, it was the City Council's intention to avoid horse trading with respect to tree removal. He further stated that he favors the present Council policy, which allows property owners to take advantage of the State funds, to have the removal costs spread out throughout the assessment process and does not place the burden for funding these subsidies on the property taxpayer. Mayor Cohen requested the Acting City Manager to update the report made to the City Council approximately two years ► ago relating to the costs associated with Dutch elm disease and oak wilt disease for the City Council's review and to also survey other municipalities, particularly Fridley, as to how they are handling the use of State funds for diseased shade tree removal for a report to the City Council. Member Maurice Britts introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -183 RESOLUTION CERTIFYING DISEASED SHADE TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS 10 -3 -77 -4- 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, and Gene Lhotka; and the following voted against the same; none, whereupon said resolution was declared duly passed and adopted. . Open Forum Hearing The Acting City Manager introduced the next item of busi- ness on the agenda, that of a public hearing relating to the possibility of establishing an "open forum". He stated that the City Council, at the September 12, 1977 meeting had briefly reviewed this matter and had requested that a public hearing be established for this evening's meeting. He stated that the Mayor had appointed Council - man Kuefler and Lhotka to a subcommittee to review this matter and make suggestions to the City Council regarding the possible institution of an "open forum". He reported that minutes of two subcommittee meetings have been made available for the City Council's review and that the minutes of the August 17, 1977 subcommittee meeting contain the subcommittee's recommendation for the institu- tion of an "open forum" . . Public Hearing Mayor Cohen opened the meeting for purposes of a public hearing relating to the open forum concept. Mayor Cohen recognized Eileen Oslund, 6000 Ewing Avenue North, a member of the League of Women Voters who re- quested the City Council to look favorably on the institu- tion of an "open forum" . She stated that she felt an "open forum" would provide citizens with a less threateninc: environment in which they could bring problems to the City Council or seek information. She added that she felt it would be beneficial to the City Council as well as to the citizens of Brooklyn Center. Mayor Cohen commented that -there has been much discus - sion about the best time to hold such an "open forum". He inquired of Mrs. Oslund if she felt it would be best to hold the "open forum" on the night of a regular scheduled City Council meeting or if it would be better to hold it on another day, such as a Saturday morning, to make it more accessible to the majority of citizens. He pointed out that the record of the subcommittee meetings indicates that the average citizen did not participate in the public hearings relating to the "open forum" and that generally the persons commenting on the institution of such a concer v were City Council members, people seeking public office in the City, and those persons that regularly attend City Council meetings. Mrs. Oslund stated that it was her opinion that it would be beneficial for the Council to at least try the "open forum" and see how it works. She suggested that a possible offshoot of the "open forum" might be more of interest and participation on the part of the citizens of this community. Mayor Cohen also inquired of Mrs. Oslund whether she felt it would be best to have the "open forum" structured similar to a Council meeting, or as a round table for discussion purposes. -5- 10 -3 -77 • Mrs. Oslund suggested that it might be best to try different ways of conducting the "open forum" to see which method is the best and to follow up by utilizing the method that seems to get the best response. Mayor Cohen then recognized Cecilia Scott, 4104 Lakeside Avenue North, who stated that while she has been cam - paigning for office she has received favorable comments from citizens of Brooklyn Center regarding the institution of an "open forum" She pointed out that such a process would provide a format for persons to address the City Council. She added that she did not know the best way to structure the "open forum" but that she was in favor of instituting it. Dolores Hastings, 5813 Aldrich Avenue North, stated that she favors the institution of an "open forum" and suggested that possibly a Saturday morning might be a better time to hold the event than on the evening of a City Council meeting. She stated that the Saturday morning meeting might be more convenient and that the Council might want to consider varying the time and place for holding the "open forum". She too suggested that the Council at least try instituting an "open forum" to see how it is utilized. The Acting City Manager reported that he had received a letter relating to the open forum concept from former City Manager Donald Poss, 3212 - 65th Avenue North, He explained that Mr. Poss was unable to attend this evening's meeting and had requested that his letter be read into the- record. The Acting City Manager proceeded to read the letter which expressed opposition to the concept on the following basis: 1 . It is basically a cosmetic political ploy providing little, if any, substantive benefit to the average citizen. 2. Experience in other communities amply demon - strates that the "open forum" is not employed by the average citizen to discuss a problem; it is intimidating to the average citizen. 3. There has been no significant expression of support or need for the concept from citizens other than from a few political hangers -on and a couple of single issue mentalities. 4. The program has little appeal to the silent majority of average citizens, but will have great appeal as a forum for the "mouth minority ", (including myself) . 5. To the extent manipulated by the "mouthy minority", the concept will be disruptive to the City Council's conduct of the citizens' business. The letter also indicated that he was aware that the City Council was considering commencing the "open forum" prior to the regular City Council agenda and that this idea was somewhat appealing but that he still felt the 10 -3 -77 - -6- -- proposal ought to be abandoned. The letter further indi- cated that Mr. Poss intended to be a perennial participant in the proceedings if the "open forum" is instituted and that he will utilize the forum "not in a partisan sense, but rather in the sense of challenging hypocrisy as I see it." The letter also stated that he intends to address, at an early "open forum", the expedient conversion of one councilman and some apsiring politicians from the police union line and to also discover what evidence exists to warrant an otherwise competent councilman alleging that police management supervisors are inefficient and possibly sitting down on the job and "reading comic books". The letter further stated that "I'll inquire if that usually well- intended councilman considers himself as representing management on behalf of us taxpayers or instead considers himself a spokesman and advocate for the self- interests of employee groups at the inevitable expense of us taxpayers First line supervisors have a difficult enough task being between the proverbial rock and hard place without having a member of the management policy board (City Council) leveling shopworn charges out of the police association handbook on dissidents." During the reading of the letter Councilman Britts strongly objected to statements made in the letter and requested that the letter be published in its entirety in the newspaper He asked that members of the City Council and the press receive copies of the letter. He commented that the pro - posed "open forum" format indicates that the "open forum" should not be used to air personality type grievances or to make personal attacks and that persons doing so would be gaveled down. He further stated that he thinks one of the comments made in Mr. Poss' letter is a personal type allegation and, therefore, would not be permitted under the proposed rules of the "open forum". Mayor Cohen inquired if anyone else wished to be heard regarding the open forum. There being none, the public hearing was closed. Mayor Cohen suggested that the Council table further consideration of the "open forum" until later in the meeting. A brief discussion ensued relative to the "open forum In response to an inquiry, the Acting City Manager stated that the City Manager's Newsletter will be coming out in November. Mayor Cohen stated that the Council might want to consider using the City Manager's Newsletter as a vehicle for gaining citizen input and information regardir :_ the time for holding an "open forum" It was the consensu of the Council to defer further consideration of the "open forum" until later in this evening's meeting. Recess The Brooklyn Center City Council recessed at 8 :57 p.m. and resumed at 9:23 p.m. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 77 -184 and moved its adoption: RESOLUTION REGARDING DISPOSITION OF BOARD OF ADJUSTMENTS AND APPEALS APPLICATION NO. 77022 SUBMITTED BY L. W. JOEL COMPANY _ 10 -3 -77 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 Kuefier, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Acting City Manager introduced the next item of Planning Commission business on the agenda, that of Planning Commission Application Nos. 77045 Application Nos. 77045 and 77046 submitted by Berean and 77046 (Berean Evangelical Free Church and Planning Commission Evangelical Free Churc Application Nos. 77052 and 77053 submitted by and Planning Commissi 'KH Construction Company. Application Nos. 7705 and 77053 (JKH Construe- tion Co.) The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 77045 and 77046 and the Planning Commission action at its September 14, 1977 meeting. He stated that Application No. 77045 is a request to rezone from R -1 (single family residential) to I -1 (industrial park) the westerly portion of the church property located at 6625 Humboldt Avenue North, which extends into the industrial commercial park. He explained that the land consists of the westerly 325 feet of the church property and comprises approxi- mately 2.5 acres. He reported that Application No. 7046 comprehends preliminary plat approval con - current with the rezoning request. He stated that in this portion of the industrial park, all the industrial property abutts R -5 multifamily residential family property, with the exception of the R -1 zoned church property. He explained that the R -1 zoning- of the church property recUgnized the institutional R -1 use, but that the land was not suitable for residential development. He commented that one :affect of the proposed rezoning would be to "round out" the easterly perimeter of the commercial industrial park, leaving a uniform abutment to the to the R -5 and, in the case of the church, institutional use along Humboldt Avenue. He further stated that the proposal was consistent with the Comprehensive Plan and would have been included at the time of the adoption of the plan if the church had been interested in rezoning at that time. He explained that, while the church itself is within the bounds of the northeast neighborhood, it does not constitute a residential use and the impact upon the neighbor- i hood would be minimal. He ointed out that t the chairman of the Planning Commission had stated that it was her opinion the proposal was in line with the Comprehensive Plan and that since the church no longer wished to retain ownership of the property, that an I -1 use was the only feasible use for that property. The Director of Planning and Inspection next reviewed a transparency showing the location and configuration of the property in question and a brief discussion ensued relative to the applications. In response 10-3-77 -8- to an inquiry by Councilman Kuefler, the Director of Planning and Inspection stated that the church is proposing to sell this property to a group of investors. He explained that JKH Construction Company was that group of investors and that they propose to build an industrial and office building at 1601 - 67th Avenue North. The Director of Planning and Inspection proceeded to reviev; Planning Commission Application Nos. 77052 and 77053 submitted by JKH Construction Company, and the Planning Commission action at its September 29, 1977 meeting. He stated that Application No. 77052 was a request fora variance from Section 35 -413 of the City Ordinances to permit a reduced buffer greenstrip between a proposed industrial building and adjacent property which is zoned R -1. He stated that the ordinance requires a 100 foot buffer zone in such circumstances and such buffer zone be maintained as a greenstrip and contain an 8 foot high wall or fence. He explained that the applicant proposes a 50 foot buffer strip containing an 8 foot fence on the parcel which is adjacent to the Berean Evangelical Free Church property whose parking lot is between the subject industrial site and the church itself. He pointed out that the variance request is similar to a variance granted under Application No. 74044 relative to Speculative Building No. 7 which was developed on the parcel immediately to the north of the subject property. He stated that the Planning Commission had recommended approval of Application No. 77052 through Planning Commission Resolution No. 77 -6 which outlines the Commission's rationale for its recom- mendation. The Director of Planning and Inspection stated that Appli- cation No. 77053 consists of site and building plan approval for a 22,769 square foot industrial and office building at 1601 67th Avenue North. He explained that in addition to the large tenant area, the plans call for several office cubicles, and he stated that prior to the use of these areas for office purposes unrelated to the three industrial tenants, it would be necessary for the owner to secure a special use permit since office uses were special uses in the I -1 district. The Director of Planning and Inspection. then reviewed a transparency showing the location of the property in question and the land held in reserve for future parking by the Berean Evangelical Free Church. He also reviewed various slides depicting the area. He then reviewed the site and building plans with the City Council and a brief discussion ensued relative to the applications Council - man Kuefler commented that approval of Application No. 77045 would do away with some residential property in the City but that it's very doubtful this property would ever be used for residential purposes because of its location and proximity to the industrial park. He sug- gested that it would be worthwhile to note this considera- tion if Application No. 77045 is approved. Public Hearing Mayor Cohen opened the meeting for purposes of a public on Planning Commission hearing relating to the rezoning request in Planning Com Application No. 77045 mission Application No. 77045. No one spoke relating to the application. l -9- 10 -3 -77 Following a brief discussion there was a motion by Council - Action Directing the man Kuefler and seconded by Councilman Lhotka to direct Preparation of a the Acting City Manager to prepare a resolution approving Resolution Planning Commission Application No. 77045 setting forth the history of the property and the logic for such a rezoning, and noting that the property could not be developed for residential purposes because of its location. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, and Lhotka. Voting against: none. The motion passed unanimously. A discussion ensued relative to Planning Commission Application No. 77046 with the Director of Planning and Inspection stating that procedurally it would be best to table this application until the rezoning resolution requested by the Council for Application No. 77045 is acted upon by the City Council. Councilman Kuefler inquired if the Council's request for a resolution approving Application No. 77045 was holding up the development and plans for this property. Mayor Cohen recognized Mr. Jeff Holle of JKH Con - struction Company who stated that the delay would hold back the project somewhat. Further discussion ensued relative to the applications with Mayor Cohen stating that a resolution relating to the approval of Application No. 77045 could be acted upon by the City Council at this evening's meeting. Motion by Councilman Britts and seconded by Council - Action to Reconsider man Kuefler to reconsider the action previously taken Application No. 77045 on Planning Commission Application No. 77045 submitted by the Berean Evangelical Free Church. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, and Lhotka. Voting against: none. The motion passed unanimously. Member Tony Kuefler introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -185 RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 77045 SUBMITTED BY BEREAN EVANGELICAL FREE CHURCH 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, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Following a brief discussion there was a motion by Council- Action Approving man Britts and seconded by Councilman Lhotka to approve Planning Commission Planning Commission Application No. 77046 submitted by Application No. 77046 Berean Evangelical Free Church subject to the following (Berean Evangelical conditions: Free Church) I . Final plat is subject to approval by the City Engineer, including the determination of any necessary easements. 10 -3 -77 -10- 2. Final plat is subject to the requirements of Chapter 15 of the City Ordinances. 3. Final plat shall be filed and the division complete: prior to any occupancy of the parcel. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, and Lhotka: Voting against: none. The motion passed unanimously. A brief discussion ensued relative to the variance request contained in Planning Commission Application No. 77052. Public Hearing on Mayor Cohen opened the meeting to notified property Planning Commission owners for purposes of a public hearing relating to the Application No. 77052 variance request in Planning Commission Application No. 77052. No one spoke relating to the application. Action Approving Following a brief discussion there was a motion by Council Planning Commission man Lhotka and seconded by Councilman Kuefler to approv Application No. 77052 Planning Commission Application No. 77052 submitted on (JKH Construction Co.) behalf of JKH Construction Company, comprehending a required buffer greenstrip with a variance of 50 feet and a variance as to the location of the required screen fence as indicated on the approved site plan; in consideration of the following: 1 . The standards for variance listed in Section 35 -240 are met, especially with respect to uniqueness and hardship. 2. The direct abutment of the I -1 zoned site to the R -1 property is unique in the I -1 district. 3. The ordinance buffering standard, where I -1 sites directly abut R -1 property, can be reduced in this instance due to the proposed I -1 site layout and the special use institutional character of the R -1 j property. 4. Screen fencing of the parking lot only is within the intent of the ordinance buffering requirements due to the location of the church and church parking facilities and due to the orientation of the I -1 development to the west. 5. The variances and circumstances are similar to those considered and approved under Application No. 74044. 6. No objection to the variance request was made by adjacent property owners or other parties. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, and Lhotka. Voting against: none. The motion passed unanimously. A brief discussion ensued relative to the requested site and building plan approval under Planning Commission- Application No. 77053. The Director of Planning and Inspection explained that it would be necessary for the applicant to apply for, and- receive, a special use permit before the indicated office spaces could be lease to parties other than the permitted I -1 occupants. -11- 10 -3 -77 Following further discussion there was a motion by Council- Action Approving Planning man Kuefler, seconded by Councilman Lhotka to approve Commission Application Planning Commission Application No. 77053 submitted by No. 77053 (JKH Construc- JKH Construction Company subject to the following conditions; tion Co.) 1. Building plans are subject to approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Drainage, grading, utility and berming plans are subject to approval by the City Engineer prior to the issuance of permits. 3. A performance agreement and a supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure com- pletion of approved site improvements. 4. All outside trash disposal facilities and any roof. - top mechanical equipment shall be appropriately screened from view. 5. Issuance of permits for the proposed structure is subject to approval and adoption of the rezoning comprehended under Application No. 77045; occupancy of the proposed structure is subject to the land subdivision comprehended under Application No. 77046. 6. Plan approval does not comprehend granting of the special use permit required in the I -1 district for office uses unrelated to the permitted I -1 activities including light manufacturing and wholesale distribution. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, and Lhotka:. Voting against: none. The motion passed unanimously. The Acting City Manager introduced the next item of Planning Commission business on the agenda, that of Planning Commission Application No. 77049 Application No. 77049 submitted by Olympic Investment (Olympic Investment Company • Company) The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 77049 and the Planning Commission action at its September 29, 1977 meeting. He stated that the applicant is seeking site and building plan approval for 43,852 square foot commercial speculative building on the site addressed as 4455 68th Avenue North, which is located on the south side of 68th Avenue North at Lee Avenue North. He explained that the applicant is proposing a multiple tenancy consisting of commercial uses and that the applicant had been specifically informed that the zoning is C -2 which does not include any industrial uses such as manufacturing or warehousing. He farther stated that the applicant also proposes a deferral of some of the required parking spaces because he feels the ordinance required parking exceeds the actual needs for the proposed retail uses. He explained that the ordinance required a minimum of 289 spaces and that the applicant proposed to initially install 193 spaces. He noted that the 10 -3 -77 - -12 site contained enough land area to provide the required number of spaces. He next reviewed a transparency showing the location and configuration of the property in question. He then reviewed the site and building plans with members of the City Council and a discussion ensued relative to the application. Mayor Cohen then recognized Mr. Jerry Harrington repre- senting Olympic Investment Company, the applicant. Mr. Harrington stated that it was his opinion that the berming required in the area may adversely affect the water storage in the area. The Acting City Manager responded that the area is relatively low and swampy but that he does not feel that the required berming will adversely affect the property. The Director of Planning and Inspection pointed out that the Planning Commission's concern was primarily one of aesthetics and that it was possible that a swale could be used for drainage purposes. Mr. Harrington stated that he would be agreeable to a decision reached by the Olympic Investment engineers and the City engineers over the drainage of the property.. Action Approving Following a brief discussion there was a motion by Council Planning Commission man Britts and seconded by Councilman Kuefler to approve Application No. 77049 Planning Commission Application No. 77049 submitted by (Olympic Investment Olympic Investment Company subject to the following Company) 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 approval by the City Engineer prior to the issuance of permits. 3. A performance agreement and supporting finan- cial 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 appropriately screened from view. 5 Installation of certain parking stalls as indicated on the approved site and building plans may be deferred until deemed necessary by the City Council (providing such deferred areas are developed, landscaped, and maintained in accordance with approved site plans, and ordi- nance requirements) . 6. All landscaped areas shall be provided with the required underground irrigation lawn sprinkler system. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, and Lhotka. Voting against: none. The motion passed unanimously. Planning Commission The Acting City Manager introduced the next item of busi Application No. 77050 ness on the agenda, that of Planning Commission Appli- (Denny's, Inc.) cation No. 7705.0 submitted by Denny's, Inc. -13- 10 -3 -77 The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 77050 and the Planning Commission action at its September 29, 1977 meeeting. He stated that the applicant was seeking approval of site and building plans for a 143 seat family type restau- rant on the C -2 zoned site which is bounded by Lake Breeze Avenue on the north and T.H. 10 0 on the south and east. He explained that 75 parking stalls were being provided which satisfied the minimum ordinance requirements. He further stated that the drainage plan had been reviewed by the engineering department and that permits would be required from the State relative to the proposed drainage under the highway right -of -way. He they, reviewed a transparency showing the location and configuration of the property in question and a lengthy discussion ensued relative to the application. The Acting City Manager stated that the intent of the Grimes Avenue dedication to the west of the applicant's property is to keep com- mercial traffic off Azelia Avenue which is a single family residential area. A discussion also ensued regarding a slight shift to the west of the proposed curb cut to the property and the suggestion that there be signery installed near the curb cut to dissuade traffic from going into the residential areas. The Director of Planning and Inspection then reviewed the site and building plans and landscape plans with members of the City Council. Mayor Cohen recognized Mr. Orrin Naefach representing the applicant, Denny's, Inc. Mr. Naefach briefly reviewed. Denny's portfolio and stated that he was primarily here before the City Council to answer any questions that they might have. The Director of Planning and Inspection pointed out that the seating plan has been modified somewhat since the Planning Commission's review in that Denny's is proposing 143 seats rather than the 138 seats reviewed by the Planning Commission. In response to an inquiry by Mayor Cohen, Mr. Naefach stated that Denny's will have a local manager and that they plan to open the restaurant as soon as- possible. Councilman Britts inquired if Denny's was seeking a liquor license for use in the establishment. Mr. Naefach responded that they have found a certain demand for liquor service in some of their other restaurants. He explained that they would not be seeking a liquor license for the Brooklyn Center restaurant presently but that they may at a future date seek such a license. Also in response to an inquiry by Councilman Britts, Mr. Naefach stated that they intend to hire people from the immediate area to work at the establishment. Following further discussion there was a motion by J Action Approving Planning Councilman Kuefler and seconded by Councilman Commission Applicatio Lhotka to approve Planning Commission Application No. 77050 ( Denny's, I No. 77050 submitted by Denny's, Inc. subject to the following conditions; 1 . Building plans are subject to approval by the Building Official with respect to applicable codes prior to the issuance of permits. i 1 0 -3 -77 -14- 2. Drainage, grading,, utility and berming plans are subject to approval by the City Engineer prior 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, incidental storage, and any rooftop mechanical equipment shall be appropriately screened from view. 5. Plan approval is exclusive of all signery which is subject to the requirements of Chapter 34 of the City Ordinances. 6. All perimeter landscaped areas shall be sodded in addition to the indicated plantings in lieu of the use of crushed rock and gravel. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, and Lhotka. Voting against none. The motion passed unanimously. Planning Commission The Acting City Manager introduced the next item of busi- Application No. 77054 ness on the agenda, that of Planning Commission Appli- (Advanced Abrasives, cation No. 77054 submitted by Advanced Abrasives, Inc. Inc.) Mayor Cohen left the table at 10:48 p.m. The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 77054 and the Planning Commission action at its September 29, 1977 meeting. He stated that the applicant was seeking site and building plan approval for an approximate 9,600 square foot office and industrial manufacturing building to be located at 3400 - 48th Avenue North. He explained that the City Ordinance requires the combination of properties in a common development under common ownership. He further explained that the applicant contends that the proposed machine shop and office building is a separate facility and is not in common development with the existing use to the north (Advanced Abrasives Inc.) He added that the applicant has acknowledged this fact and that since the properties would be owned by independent corporations, and were unrelated with respect to manu- facturing activities, the ordinance requirement for combin- ation of the adjacent land parcels would not apply. He pointed out that the proposed site contains two parcels, one being a platted tract which was part of a former cul de sac at the end of 48th Avenue, which has been vacated. He stated that the combination of these two parcels would be required. The Director of Planning and Inspection next reviewed transparencies showing the location and configuration of the property and various slides depicting the area. He pointed out that the proposed site is adjacent to, and south of , , the existing Advanced Abrasives site. He commented that the Planning Commission had determined that these sites are not common sites,and, therefore, not required to be combined by platting or registered land survey while the parcel containing the old cul de sac would be included in the platting or the register od land survey. { -15- 10 -3 -77 Mayor Cohen returned to the table at 10:55 p.m. The Director of Planning and Inspection then reviewed the site ar.d building plans with the members of the City Council 1a and a brief discussion ensued relative to the application. Mayor Cohen recognized Mr. Tom Dunwell, an architect representing the applicant who showed a conceptual rendering of the building proposed. Mayor Cohen also recognized Mr. Ansari, and owner of Advanced Abrasives, Inc. Mr. Ansari requested a deviation from the recommended drain- age plan which calls fora swale to drain the property between the Advanced Abrasives sites and the new site. He explained that during a heavy rainfall there will be a problem with the drainage. The Acting City Manager responded that Mr. Ansari's request is being brought up for the - first time and that there has been no time to review its implications He stated that before a devia- tion from the current drainage plan could be recom- mended, a thorough review of the proposal would have to be undertaken. He explained that bass- tally Mr. Ansari's request is to not provide drainage across his property. A discussion ensued relative to Mr. Ansari's request and the drainage plan for the area Mayor Cohen stated that the City Council is not in the position this evening to act upon the request and added that the matter would have to be referred back to the staff for further review prior to Council consideration. He explained that the Council could either act on the application as it has been presented with the recommended drainage plan and request further review by the City engineer, or table the matter for further review in relation to the request for a different drainage plan and act on the matter at a later da Mr. Ansari reviewed a transparency depicting the area and commented that if the Council approves the current drainage plan, Advanced Abrasives would forfeit the right to use this property at a later date. He explained that if Advanced Abrasives had had the financing needed they would have proposed a building linking the Advanced Abrasive building with the proposed new building. He pointed out that they do not like the current drainage plan which calls for the swale. Mayor Cohen responded that the City Council cannot intelli- gently react to Mr. Ansari's request at this time and that the matter would normally have to be referred back to the staff for further review and comment. The Acting City Manager stated that he understands Mr. Ansari's concerns but pointed out that there still is a drainage problem to deal with. He added that if the plans are approved as recommended by the Planning Commission, alternate solu- tions to the drainage problem could possibly be worked out with the applicant and an amended site plan presented to the City Council. The Director of Planning and Inspection stated that the applicant had originally proposed a common site plan which was later withdrawn and the request as contained in this application :was developed. He explained that throughout the review of this application it has been his understanding, and the Planning Commission's understanding, that the development was for a new site which was based on its own merits. He further 10 -3 -77 -16- stated that approval of this application does not preclude the possibility that the existing Advanced Abrasives building and the new site could be linked up by some future development but that the Planning Commission had spent considerable time determining whether or not this was a common development or a separate development to stand on its own merits He explained that the Planning Commission had determined that the proposed new develop- ment was a separate development since the properties would be owned by independent corporations and were unrelated with respect to manufacturing activities, and that the ordinance would not then require the combination of the adjacent land parcels. He noted that the recom- mendation as to the drainage for the property was not an arbitrary decision but was based on the fact that the two buildings were not a common site. In response to an inquiry by Councilman Kuefler, the Director of Planning and Inspection explained what would have to be done with regards to platting and easements if there was a future development that would combine the two buildings. Mr. Ansari commented that if the swale has to be where it is on the drainage plan currently before the City Council in order for approval of the application, he would request that the City Council approve it as is so they can go ahead with the construction they propose for the site. Action Approving Following further discussion there was a motion by Council- - Planning Commission man Britts and seconded by Councilman Lhotka to approve Application No. 77054 Planning Commission Application No. 77054 submitted by ;(Advanced Abrasives, Buetow and Associates for Advanced Abrasives, Inc. Inc.) subject to the following conditions 1 . Building plans are subject to approval by the Building Official with respect to applicable codes prior to issuance of permits. 2. Grading, drainage, utility and berming plans are subject to approval by the City Engineer. 3. A performance agreement and supporting finan- cial 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 appropriately screened from view. 5. Prior to occupancy the site shall be combined through platting or registered land survey into a single parcel. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, and Lhotva: Voting against: none. The motion passed unanimously. Recess The Brooklyn Center City Council recessed at 11 :21 p.m. and resumed at 11 :30 p.m. RESOLUTION Member Maurice Britts introduced the following resolution NO. 77 -186 and moved its adoption: -17- 10 -3 -77 RESOLUTION ORDERING CONSTRUCTION OF STREET SURFACING IMPROVEMENT PROJECT NO. 1977 -14 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, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Maurice Britts introduced the following resolution RESOLUTION and moved its adoption; NO. 77 -187 RESOLUTION ACCEPTING QUOTATION FOR STREET SURFACING IMPROVEMENT PROJECT NO. 1977 -14 ON 52ND AVENUE NORTH EAST OF DREW AVENUE NORTH APPROXIMATELY 135 FEET 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, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly_passed and adopted. Motion by Councilman Lhotka and seconded by Councilman Subdivision Bond Britts to authorize release of a subdivision financial guarantee Release (Fred Nelson in an amount of $250 for the Fred Nelson Addition located at Addition) 6729 Willow Lane Avenue North on the basis of obligations being satisfied. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, and Lhotka Voting against: none. The motion passed unanimously. Motion by Councilman Britts and seconded by Councilman Declare Surplus Lhotka to declare as surplus equipment an inoperable aqua Equipment vac pool vacuum to be disposed of in the best interests of the City. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, and Lhotka. Voting against: none. The motion passed unanimously. Member Gene Lhotka introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -188 RESOLUTION CERTIFYING DELINQUENT PUBLIC UTILITY ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS 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, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Maurice Britts introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -189 RESOLUTION CERTIFYING DELINQUENT NOXIOUS WEED CUTTING ACCOUNTS FOR 1977 CUTTING TO THE HENNEPIN COUNTY TAX ROLLS 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, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 10 -3 -77 -18- RESOLUTION Member Gene Lhotka introduced the following resolution NO. 77 -190 and moved its adoption: RESOLUTION APPROVING A ONE -THIRD MILL LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PUR -_ SUANT TO THE PROVISIONS OF MSA 462.411 THROUGH 462.711, OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 1978 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, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Establishing Public The Acting City Manager introduced the next item of busi- Hearing for Improve- ness, that of a resolution recommended for the purpose of ment Project Nos. providing for a public hearing for Street Surfacing Improve- 1977 -19 & 1977 -20 ment Project No. 1977 -19 and Curb and Gutter Improve- ment Project No. 1977 -20 located on Lyndale Avenue • North from 59th Avenue to 62nd Avenue North. He explainer that the resolution would establish a public hearing on the proposed improvements for October 24, 1977 at 8:00 p.m. A brief discussion ensued relative to the resolution with it being pointed out that the October 24, 1977 City Council agenda will be a full agenda and that the public hearing for these improvement projects may well be a long public hearing. It was suggested that the public hearing for these two improvement projects be scheduled at a later date. The Acting City Manager recommended that November 14, 1 977 be established as the public hearing date for Improvement Project Nos. 1977 -19 and 20. He j also recommended that the Council hold off action on establishing the public hearing date until the October 24, 1977 meeting which would allow for a better estimate on costs associated with the projects. He added that another resolution to be considered later in the Council meeting, authorizing bids for Contract No. 1977 -K and recommended that this also be deferred until the October 24, 1977 meeting because this resolution deals with the same improvement projects. Action Tabling Following a brief discussion there was a motion by Counci? Consideration of a man Lhotka and seconded by Councilman Kuefler to table Resolution Providing consideration of a resolution providing for a public hearing for Public Hearing for Street Surfacing Improvement Project No. 1977 -19 and for Improvement Curb and Gutter Improvement Project No. 1977 -20 until Project Nos. 1977 -19 the October 24, 1977 City Council meeting. Voting in & 20 favor: Mayor Cohen, Councilmen Britts, Kuefler, and Lhotka. Voting against: none. The motion passed unani- mously. RESOLUTION Member Maurice Britts introduced the following resolution NO. 77 -191 and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR WATER MAIN IMPROVEMENT PROJECT NO. 1977 -15 AND SANITARY SEWER IMPROVEMENT PROJECTS NO. 1977 -1 G AND 1977-21, AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1977 -I) -19- 10 -3--77 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, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Gene Lhotka introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -192 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR STREET SURFACING IMPROVEMENT PROJECT NO. 1977 -17 AND CURB AND GUTTER IMPROVEMENT PROJECT NO. 1977 -18, AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1977 -J) 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, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Maurice Britts introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -193 RESOLUTION ORDERING CONSTRUCTION OF SIDEWALK IMPROVEMENT PROJECT NO. 1977 -12 AND APPROPRIATION OF FUNDS 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, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Tony Kuefler introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -194 : ESOLUTION REJECTING CONSTRUCTION CONTRACT BIDS (SIDEWALK CONTRACT 1977 -H) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being oaken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Gene Lhotka introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -195 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 10 -3 -77 -20- RESOLUTION Member Tony Kuefler introduced the following resolution NO. 77 -196 and 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, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Gene Lhotka introduced the following resolution NO. 77 -197 and moved its adoption: RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Gene Lhotka introduced the following resolution NO. 77 -198 and moved its adoption: RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Gene Lhotka introduced the following resolution NO. 77 -199 and moved its adoption: RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 77 -200 and 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, and Gene Lhotka; and the following voted against the same: none, whereupon sai ' resolution was declared duly passed and adopted. -21- 10 -3 -77 Member Maurice Britts introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -201 RESOLUTION AUTHORIZING THE PURCHASE OF INSULATION FOR CEAP BUILDING AT 7100 BROOKLYN BOULEVARD 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, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Motion by Councilman Lhotka and seconded by Councilman Action Tabling a Britts to table consideration of a resolution approving plans Resolution Authorizing and specifications for Street Surfacing Improvement Project Bids for Contract No. No. 1977 -19 and Curb and Gutter Improvement Project No. 1977 -K 1977 -20, and directing advertisement for bids (Contract No. 1977 -K) until the October 24, 1977 City Council meeting. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, and Lhotka. Voting against: none. The motion passed unanimously. Member Tony Kuefler introduced the following resolution and RESOLUTION moved its adoption: NO. 77 -202 RESOLUTION AUTHORIZING THE PURCHASE OF LABOR, EQUIP- MENT AND PARTS NECESSARY TO REPAIR #7 PUMP AND WELL 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, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Acting City Manager introduced the next item of business ORDINANCE on the agenda, that of an ordinance recommended for the purpose First Reading of amending Chapter 35 of the City Ordinances relating to the rezoning of the westerly portion of property at 6625 Humboldt Avenue North. He explained that the Council had given approval to this rezoning request this eveing through its approval of Planning Commission Application No. 77045. Following a brief discussion there was a motion by Council - man Kuefler and seconded by Councilman Lhotka to offer for first reading an ordinance amending Chapter 35 of the City Ordinances regarding rezoning of certain property from R -1 to I-1. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, and Lhotka. Voting against: none. The motion passed unanimously. The Acting City Manager introduced the next item of ORDINANCE business on the agenda, that of an ordinance recommended First Reading for the purpose of amending Chapter 35 of the City Ordinances for the purpose of rezoning the property at 7240 Brooklyn Boulevard. He explained that the City Council had authorized this rezoning through approval of Planning Commission Appli- cation No. 77026 submitted by Real Estate 10 on September 19, 1977. 10 -3 -77 -22- Following a brief discussion there was a motion by Council man Kuefler and seconded by Councilman Lhotka to offer for first reading an ordinance amending Chapter 35 of the City Ordinances relative to the rezoning of certain property from R -1 to C -1 . Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, and Lhotka. Voting against: none. The motion passed unanimously. Licenses Councilman Lhotka, referring to a list of licenses recom- mended for approval by the City Council, inquired if any further information relating to a possible requirement for backup alarm systems on garbage and refuse collection vehicles had been obtained. The Acting City Manager responded that the State of Minnesota Occupational Safety and Health Administration is in the process of making various rules relating to providing such alarm devices. He explained that these rules could take effect within 30 to 45 days and that he feels it would be best to wait until these rules are adopted, rather than attemptir_9 to *amend the City Ordinance and making such alarm device; a requirement for licensing. Motion by Councilman Lhotka and seconded by Councilman ' Britts to approve the following licenses: GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE Loren's Rubbish Removal 3210 North 6th Street Midwest Grease Company P.O. Box 222 NONPERISHABLE VENDING MACHINE LICENSE Canteen Company 6300 Penn Ave. S. McCulloch, Ind. 1800 Freeway Blvd. Coca -Cola 1189 Eagan Ind. Road Colart Corporation 6800 Shingle Cr. Pkwy. Whirltronics 3401 48th Ave. N. Jimmy Jingle, Inc. 2601 2nd Ave. S. Johnson Control 1801 67th Ave. PERISHABLE VENDING MACHINE LICENSE ARA Services 2830 N. Fairview North Star Dodge 6740 Brooklyn Blvd. Canteen Company 6300 Penn Ave S. McCulloch, Ind. 1800 Freeway Blvd. Jimmy Jingle, Inc. 2601 2nd Ave. S. Johnson Control 1801 67th Ave. Bob Ryan Olds 6700 Brooklyn Blvd. Servomation 4301 68th Ave. N. Schmitt Music Center 2400 Freeway Blvd. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, and Lhotka. Voting against: none. The motion passed unanimously. Position Evaluations The Acting City Manager introduced the next item of busi- Study ness, that of a report relative to a position evaluations study. He stated that the City Council on December 6, 1976 had authorized Councilman Kuefler to investigate the retention of a management consultant to evaluate the Job content of the City Manager's and various City depart- ment head positions, and to recommend competitive com- pensation ranges based on the job content, such that the Council could set competitive annual compensation based upon objective performance review. -23- 10 -3 -77 Councilman Kuefler reported that he has contacted a number of consulting services which would develop job descriptions for the various positions, provide information for determining the dollar value for each of these positions and also provide a system to evaluate the performance of persons occupying these positions. He added that another important aspect in his review of these consulting firms was their ability to complete such a study by early December so that the information could be utilized at the time the City Council considers setting salaries for 1978. He added that generally the Council sets salaries for 1978 at the first or second Council meeting in December. Councilman Kuefler further reported that the concept for undertaking such a study was to develop criteria for performance evaluation. for the City Manager's position for use by the City Council and performance evaluations for the various department heads for use by the City Manager in making salary recommendations. Councilman Kuefler stated that six consulting firms had been contacted and that he has provided information on the six firms. He recommended that the Council not consider the Public Administration Service firm because they are unable to provide this service prior to December of this year._ Councilman Kuefler next reviewed the costs associated with each of the consulting firms. He stated that Loren Law & Associates, which had been utilized for the city manager search process, had estimated a cost of between $2,600 and $3,200 to provide this service. He further stated that Mr. Law claims that they can hold to these figures and possibly even reduce the costs because they feel they have a better understanding of the City's organization due to the recent search undertaken by the Law firm for purposes of recruiting a new City Manager. He commented that the League of Minnesota Cities estimates that they could provide this service for approxi- mately $2,400 and that they make use of the Hay Consulting firm. He added that the Hay firm has the most professional credentials of all the consulting firms contacted but they are by far the most expensive and have indicated that they would provide the service for $4,500. He further reported that Stanton Associates would provide the service for approximately $2,640 to $3,300 but that they would want to meet with the City Council prior to executing an agree- ment. Councilman Kuefler stated that he would recommend the Council executing an agreement with Loren Law & Associates for providing the service based on the experience the City Council has had with that organization and that the firm can provide the services requested by the December deadline A brief discussion ensued relative to Councilman Kuefler's report regarding the position evaluations study. Council- man Britts questioned if it would be better to wait for the new City Manager to come on board to give him an oppor- tunity to provide some input into this position evaluation study because much of the sutdy and performance evalua- tion would be directed at department heads which are under the City Manager's authority. Mayor Cohen responded that he has had an opportunity to briefly discuss this matter with the new City Manager. He stated that the Council 10 -3 -77 -24- is primarily concerned with developing some criteria to determine what the positions are worth in terms of a dollar amount. He further stated that the new City Manager had indicated that he does not disagree with the idea. Mayor Cohen stated that he felt the Council should move ahead with retaining a consultant firm as soon as possible and that the new City Manager would be given an opportunity for input into this study and also some involvement in the position evaluations. Councilman Kuefler commented that if the City Council waits until after the new City Manager is on board, the authorization to go ahead with a consultant could not be made until approximately October 24, 1977 He pointed out that this may well be too late to begin such an evaluation study so that the information could be available by the time the Council considers salaries for the upcoming year in December. He added that it has been indicated to him that if the City Council makes a decision this evening regarding a consulting firm, the information could be available by the first week in December. Councilman Lhotka stated that he has no objections to retaining Loren Law & Associates for the position evalu- ations study. He explained that his opinion is based on the quality of work performed by Loren Law & Associates in its management search effort for a new City Manager. Councilman Britts questioned the need for the Loren Law firm to interview each of the City Councilmen about job descriptions for the various department heads. He stated that it is his feeling that it is not the Council's prerogativ to determine job descriptions for personnel that are respon- sihle directly to the City Manager. Action Authorizing the Following further discussion there was a motion by Counc;..'; Execution of an Agree- man Kuefler and seconded by Councilman Lhotka to author -° ment the Mayor and the City Manager to negotiate a contract for position evaluations study with Loren Law & Associates in an amount not to exceed $3,000 with the final figure to be negotiated by the City Manager, Councilman Kuefler, and Mr. Loren Law. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, and Lhotka. Voting against: none. The motion passed unanimously. Councilman Britts stated that he did not feel that the Citv Council should be involved in preparing or commenting on job descriptions for department heads under the authority of the City Manager. He inquired if the action just taken by the City Council to authorize the execution of an agree- - ment for a position evaluation study might create a conflict with provisions in the Charter which provide for a division of responsibility and authority between the City Council and the City Manager. Councilman Kuefler responded that it will not be the City Council's responsibility to determin.- what the duties of the various positions are but rather the study would be utilized by the City Council for setting salaries to compensate persons in these positions. Councilman Britts requested the City Attorney to respond to his question. The City Attorney stated that it is diffi- cult at this time to make a determination as to whether there is not a Charter conflict with the action just taken by the City Council. He stated that he would want an opportunity to review the Charter and then to make com- ments to the City Council following that research. -25- 10 -3 -77 Mayor Cohen stated that Councilman Britts has raised a question regarding whether or not the action taken by its City Council could be deemed as forcing the City Manager into a position evaluations study rather than having the City Manager's concurrence or recommendation on such a study. He added that it is his opinion that the City Council would use the position evaluation study and performance evaluation criteria as a means for the Council to set salaries for compensating department heads based on a professional study. Councilman Kuefler added that he sees the position evaluation study as a means for establishing adequate comepen- sation for department heads. He pointed out that the job description for the various department heads is really a document that fs used by the City Manager for determining the duties and responsibilities of the various department heads much like the job description for the City Manager is used by the City Council to determine the duties and responsibilities of the City Manager. He further stated that he did not feel the City Council was responsible for developing job descriptions for the various department heads nor should they be involved in such an undertaking. Further discussion ensued relative to possible Charter conflicts regarding the action taken by the City Council. Mayor Cohen directed the City Attorney to research this matter and to report on possible Charter conflicts involv- ing the City Council's action to authorize the Mayor and the City Manager to enter into an agreement to provide for a position evaluation study for City department heads under the control of the City Manager. Motion by Councilman Lhotka and seconded by Council- Action Tabling Consid man Kuefler to table further consideration of the "open tion of an Open Forum forum" and to continue the public hearing on the matter until the November 24, 1977 City Council meeting. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler and Lhotka. Voting against: none. The motion passed unani- mously. Motion by Councilman Kuefler and seconded by Council- Adjournment man Britts to adjourn the meeting. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, and Lhotka . Voting against: none. The motion passed unanimously. The Brooklyn Center Cdity Council adjourned at 12 :40 a.m. Clerk Mayor 10 -3 -77 -26-