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HomeMy WebLinkAbout1977 12-12 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 DECEMBER 12, 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 8:00 p.m. Roll Call Mayor Philip Cohen, Councilmen Tony Kuefler, Bill Fignar, and Gene Lhotka. Also present were City Manager Gerald Splinter, Director of Public Works James Merila, City Attorney Richard Schieffer, Director of Finance Paul Holmlund, Director of Planning and Inspection Blair Tremere, and Administrative Assistants Ronald Warren, Brad Hoffman, and Mary Harty. Mayor Cohen reported that he had been informed by Council- man Britts that he would be late- this evening's meeting. Invocation The invocation was offered by Pastor Backie of the Brooklyn Center Evangelical Free Church. Approval of Minutes Motion by Councilman Kuefler and seconded by Councilman' 11 -28 -77 Fignar to approve the minutes of the November 28, 1977 City Council meeting as submitted. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhokta . Voting against: none. The motion passed unanimously. Animal Control The City Manager introduced the first item of business on the Agreement agenda, that of a recommendation to renew a contract for animal control services with Metropolitan Animal Patrol Ser- vices, Inc. (MAPSI) for calendar year 1978. He explained the provisions of the 1978 contract are basically the same as those of 1977 with the exception of rate changes. He briefly reviewed the provisions of the contract and commented on the new rates. He stated that the level of service provided by MAPSI in the past has been acceptable. Action Approving Animal Following a brief discussion there was a motion by Councilman Control Agreement Lhotka and seconded by Councilman Fignar to approve the renewal of a contract for calendar year 1978 with Metropolitan Animal Patrol Services, Inc. (MAPSI) for animal control ser- vices in the City of Brooklyn Center. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Encroachment Agreement The City Manager reported that the next item scheduled for the Council agenda was consideration of an encroachment agreement with Mr. Robert G. Wilbur, 6857 Dallas Road. He explained the agreement is intended to acknowledge the encroachment of a garage onto a utility easement on the owner'; property and holds the City harmless from any damage that might occur in the future because of the encroachment. He added Mr. Wilbur had requested modifications to agreement today, and the staff has not had time to review these changes and, therefore, can make no recommendation regarding the agreement. He suggested the Council defer the matter until such time as the staff has had appropriate time to review the agreement. -1- 12 -12 -77 Following a brief discussion it was the consensus of the City Council the matter of an encroachment agreement with Mr. Robert G. Wilbur be deferred until such time it can be appropriately reviewed by the staff. Member Bill Fignar introduced the following resolution and , RESOLUTION moved its adoption: NO. 77 -238 RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF 1 LOU HOWARD 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, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was taclared duly passed and adopted. Mayor Cohen requested the City Manager to ask Mr. Lou Howard to appear at the December 19, 1977 City Council meeting so this commendation for services rendered can be formally presented to him. Member Tony Kuefler introduced the following resolution and RESOLUTION moved its adoption: NO. 77 -239 RESOLUTION REGARDING DISPOSITION OF PLANNING COMMIS - SION APPLICATION NO. 77037 AND APPLICATION NO. 7703$ SUBMITTED BY HOWE, INC. 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, 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 -240 RESOLUTION REDUCING ASSESSMENTS FOR DISEASED SHADE TREE REMOVAL (LEVIES #6801 AND 6802) 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, 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 -241 RESOLUTION DIRECTING DISBURSEMENT OF $13,500 CASH ESCROW FOR CERTAIN SUBDIVISION IMPROVEMENTS IN "THE PONDS" (PHASE I) 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, 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 RESOLU`.CION moved its adoption: NO. 77 -242 12 -12 -77 -2- JOINT RESOLUTION BY THE CITIES OF BROOKLYN CENTER AND BROOKLYN PARK REQUESTING THE COMMISSIONER OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO EXPEDITE THE PREPARATION OF A PROJECT DEVELOPMENT REPORT FOR T.H. 169 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, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the: -same: none, whereupon said resolution was declared duly passed and adopted. Airport Zoning Inconsideration of persons in attendance Mayor Cohen suggested that the Council next consider the matter of airport zoning which was scheduled for later in the City Council` meeting. The City Manager reported there recently has come to light a substantial amount of concern expressed by, residents living near the Crystal airport because, of the matter of planning and zoning around the Crystal airport property. He stated the issue involves certain: statutory language and subsequent State regulations which when applied to the Crystal airport have an effect on a large number of properties in the vicinity of the airport. He further explained the interpretation of the statutory language and State regulations by the property owners and others is negative and will.have a specific detrimental effect upon their property values He stated the Metropolitan Council is proposing the adoption of a revised avaiation chapter to its Development Guide and public hearing- have recently been held on the aviation chapter, which is the substance of the concern. He reported a distinction should be made between the language of the proposed Metropolitan Council's aviation chapter and the existing State law and regulations to which the Metropolitan Council makes reference. He added that a proper understanding of this distinction is important to the issue. The City Manager reported since at least 1945 there has been a State law called the Airport Zoning Act which sets forth zoning powers and procedures for municipalities owning airports throughout the State. He explained special emphasis was placed on zoning the land use around the airport, thereby minimizing hazards to the airports function. He added the law also enabled the Commissioner of Aeronautics to formulate and enforce regulations to implement the law. He pointed out the law as written, and as amended, is permissive in nature and it is not mandatory unless a municipality owning an airport decides to adopt zoning regulations for the land around the airport. He stated that for purposes of the act, the Metropolitan Airports Commission is an owning muni- cipality. Mayor Cohen left the table at 8:25 p.m. and returned at 8:26 p.m. The City Manager reported approximately two years ago, an appropriations rider was attached to a bill which passed the State Legislature that 'required all municipalities owning airports to adopt regulations according to the Airports Zoning Act and State regulations if State funding was to continue. He added the Metropolitan Airports Commission has slowly proceeded to implement these State regulations and has initially established what is called a joint Airport Zoning Board for the Flying Cloud Airport in the City of Eden Prairie. -3- 12_12 -77 He explained according to Metropolitan Airports Commission officials it is their intent to eventually approach the municipalities around Crystal airport when proper evaluation has been made with their success or lack of success, at the Flying Cloud -Eden Prairie experience. The City Manager next reported the Airport Zoning Act and its subsequent regulations, establish "hazard zones" around airports. He stated these zones are essentially clear areas extending from the end of runways and that land use restrictions are established for the various zones, and govern the types of development that are deemed �o be hazardous to the operation of the airport. He added it is significant from the perspective of the State aeronautics regulations, that the hazard represented by the hazard zones is the development within these zones, and is not the airport and its operation. He further reported there are three basic zones which have given rise to recent concerns: The A zone within which no structures are permitted; The B zone which establishes a -three acre minimum density for development and prohibits fools and churches; and the C zone which is only concerned with the height of structures. He further reported the law and regulations treat existing uses in these areas as non - conforming uses and the law provides such uses may continue and may be maintained but may not be enlarged, expanded or replaced following a certain percentage of destruction by fire or other natural forces. He added a substantial number of private and public properties in Brooklyn Center, as well as in Brooklyn Park and Crystal, will be affected by these laws and regulations. He pointed out that a total of approxi- mately 160 single family homes, one church, and one school would become nonconforming uses under the State regulations in Brooklyn Center. The Director of Planning and Inspection then reviewed the pro - posed Metropolitan Council aviation chapter and its relationship to the Land Use Planning Act He reported the City in late June had received from the Metropolitan Council a System Statement , which is required by the 1976 Metropolitan Land Planning Act. He explained the System Statement was a description by the Metropolitan Council of Brooklyn Center's role in planning for metropolitan systems development and the effect of those systems upon Brooklyn Center. He added one of the basic metropolitan systems is airports and in the section on airports, the Metro- politan Council informed the City that revisions would be made to the aviation chapter of the Metropolitan Development Guide and that if such a chapter were adopted prior to January 1, 197$ it would result in an amended System Statement as provided for in the Land Planning Act, He reported the Land Planning Act requires Brooklyn Center adopt a Comprehensive Plan which is consistent with the Metropolitan Council's Development Guide planning for the various systems. He stated ultimately the Land Planning Act calls for implementation of those planning guidelines through zoning and subdivision require - ments. He further reported the System Statement makes reference to the existence of the State law and regulations relating to air- ports and the draft copy of the aviation chapter suggested quite explicitly that local governments should adopt zoning regulations . consistent with the State land use regulations for areas around airports. He stated the language regarding implementation and the application of the State laws and regulations through local government channels under the Land Planning Act provisions is not clear and as of a meeting held last Friday it was the City's understanding the Metropolitan Council would take steps to revise the language contained in the chapter. He explained the meeting was a result of substantial public input during the hearing process on this aviation chapter and concerns from neighboring H e property owners g g p p Y 12 - 12 -77 -4 further reported the basis for concern on the part of the City is that if the aviation chapter of the Development Guide is adopted by January 1, 1978 and if Guide chapter contained the language originally proposed, the City, through its required implementation process under the Land Planning Act, would be responsible for the administration of the zoning require- ments and restrictions set forth in the State Airport Zoning Act and Regulations He explained further a news release from the Metropolitan Council dated Friday, December 9, 1977, indicates the Metropolitan Council will seek legislation in 1978 to eliminate or sharply reduce any adverse impact that new zoning regulations might have on homeowners living near airports in the Twin Cities area. He added the news release goes on to say the Metropolitan Council intends to make important changes in its proposed regional aviation plan, and the Council is also preparing a letter to lending institu- tions which will describe the relationships and interaction between State law, regional planning processes and local airport zoning requirements so as to avoid erroneous assump- tions and possible prejudicial action by lenders against homeowners or other property owners. The Director of Planning and Inspection stated there are two perspectives which can be taken with regard to this issue, one being that of the individual property owner and the other of the City as a municipal entity. He stated the concern of the individual property owners with respect to property values' and future use of the land is a valid concern. He explained because legislation and regulations already exist which will result in the eventual classification of their properties as nonconforming uses within the A or B hazard zones of the Crystal airport raises the question; is this an unlawful taking of lard without due compensation to the property owner or should outright condemnation and compensation for this property be utilized as in the case of freeway right -of -way taking? He added by definition nonconforming uses are perinitted to be maitained` and kept up but are not permitted to be expanded, enlarged or replaced following a certain percentage of destruction to the property. He pointed out in the case of the airport hazards zone, the highest and best use of the land is agricultural open space which to the indi- vidual property owner and resident means very little. He explained the concern of the City as a municipal entity is more directly tied into the planning and implementation proposals by the Metropolitan Council since the initial language effectively transferred responsibility for land use regulation around airports to the local government and thereby presumably would put the local government into a posture of being liable for lawsuits by property owners in the context of the unlawful taking issue previously mentioned. The Director of Planning and Inspection then reported a meetinc with several legislators representing this area was held last week and they were briefed on the situation and the City's basic concerns. He explained the legislators indicated the heart of the matter goes to the existing State legislation and regulations and therein lies the most liekly source of relief. He added it is the City's opinion these regulations do not effectively comprehend the situation of a fully. developed urban area around an existing airport. It has been confirmed in discussions with State officials and Metropolitan Airports Commission officials the law was primarily oriented toward outstate nonurban airports and those airports in the physically undeveloped areas. He added There is little question the establishment of declared hazard zones in an already devel- oped area through use of the zoning police power will result in eventual litigation over the issue of unlawful taking of -5- 12 -12 -77 land without compensation. He further explained amended regulations, or perhaps amended legislation, is needed to clarify and rectify this situation. A lengthy discussion ensued following the report relating to the airport zoning issue with the City Manager explaining there is no significant expansion planned for the Crystal airport in the near future. Mayor Cohen commented that there seems to be a conflict between Metropolitan Council agencies He stated on one hand one agency says there is a need to maintain housing stock in the metropolitan area while another agency says there is a need to zone areas around airports which would have the effect of phasing out a substantial amount of residential property. He further commented that perhaps the airport should be considered a nonconforming use and not allowed to expand and be forced to cease to exist. `�l-e Director of Planning and Inspection commented the heart `the matter lies with the State regulations. He stated in effect what has happened with a simple appropriations :rider to a piece of State legislation has mandatorily rezoned land without the City's or the homeowners knowledge', He explained the appropriations• rider requires all municipalities owning airports to adopt regulations in conformance with the Airports Zoning Act and State regulations if State funding for these airports is to continue. Further discussion ensued relative to the airport zoning question with Mayor Cohen inquiring what would be the best way for the City Council to proceed with this issue. The City Manager suggested the Council give direction first of all on whether or not the City, as a municipal entity, wants a hand in dealing with any possible or potential zoning of this type. He added another problem with respect to this issue is the "people problem" and that people living in this area should be given information explaining the issue and how the City intends to deal with. it. L Following further discussion there was a motion by Council- Action to Take a Position man Lhotka and seconded by Councilman Fignar to take a position of Involvement with Resper;_ of involvement with respect to the airport zoning matter such to the Airport Zoning Issu w that the City would take responsibility for rezoning the property in question, should it be mandated. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhokta . Voting against: none. The motion passed unanimously. Councilman Fignar inquired if the property in question was zoned in conformance with State regulations and the homes in that area designated as nonconforming uses, would the property then be worthless. The Director of Planning and Inspection responded in effect the property would be worthless because for all practical purposes there would be no underlying value. He added that in contrast to areas such as along Brooklyn Boulevard where a number of nonconforming uses exist, the property has an under- ` lying commercial value but in this case the highest and best use of the land would be agricultural open space which to the individual property owner and resident would mean very little. Councilman Fignar commented by utilizing the nonconforming use standard, it is the result of the legislation to phase out these homes rather than to buy them out as would be the case in taking property for freeway acquisition. Further discussion ensued relative to dealing with this problem by urging State legislators to amend State law with respect to airport zoning, 12 -12 -77 -6- Action Directing the City Following further discussion there was a motion by Council- Manager to Develop Draft man Fignar and seconded by Councilman Lhotka to direct the Legislation City Manager to develop draft legislation to meet the problems associated with the airport zoning problem. Voting in favor; Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Action Directing the City Motion by Councilman Lhotka and seconded by Councilman Manager to Provide Infor- Kuefler to direct the City Manager to inform persons living mation to Affected Property in the affected area as to the City's position with respect Owners to the airport zoning matter and to urge those citizens to contact City Hall for information relating to the issue. ` Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. The ; motion passed unanimously. . The City Manager recommended the City work closely with the Cities of Crystal and Brooklyn Park so that a consistent approach can be taken with respect to this issue. Action Directing the City Following further discussion there was a motion by Council - Manager to Contact State man Kuefler and seconded by Councilman Lhotka to direct Legislators and Work the City Manager to contact State legislators, work with Closely with Affected other affected municipalities to assist in drafting legislation Municipalities with respect to the airport zoning question and to request they examine the need for public hearings to be held by the State Legislature with respect to this matter. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Mayor Cohen recognized a Brooklyn Center resident living in an area affected by_ the proposed airport zoning who inquired as to what citizens living in that area can do to be of assis- tance. Mayor Cohen responded that persons living in that area should contact State legislators and express their concerns with respect to the State law. The City Manager pointed out one of the problems associated with this airport zoning matter is there has been much misinformation regarding the problem. He suggested that persons living in the area contact City Hall if they have . questions regarding the problem. He added there is no need at this time for property owners living in the area to panic and he felt the problems and issues raised during the City Council meeting can be addressed. Recess The Brooklyn Center City Council recessed at 9 :13 p.m. and resumed at 9:38 p.m. Management Compensation The City Manager introduced the next item of business by Program stating the City Council had entered into an agreement with Loren L. Law and Associates, Inc. to develop a management compensation program for the City of Brooklyn Center which would result in a performance evaluation system for City department heads to determine proper compensation levels and paying practices for these positions. He stated Mr. Hugh E. Hawkins of Loren Law Associates is present this evening to review the management compensation program with members of the City Council. Councilman Kuefler commented the basic objective for er- taking such a study was to ,Dvelop job descriptions, ac ° ' Lable to both City department heads and the City Manager as en to establish a fair worth for each of these positions.} € . added through such a study it was also possible to develop criteria to evaluate the worth of persons holding department -7- 12 -12 -77 head positions. He explained he felt. this study conducted by Loren Law Associates has met these basic criteria Mayor Cohen recognized Mr, Hugh' E. Hawkins of Loren Law Associates who commented on the procedures utilized in developing the management compensation program. He stated this study was undertaken to accomplish a number of things such as to prepare currently accurate job descriptions for selected management positions; to determine proper compensa- tion levels and pay practices for those po --itions; and to initiate a performance review process for employees occupying those positions. He explained they had reviewed existing job descriptions and met individually with each of the department heads and discussed and clarified the duties and responsibilities of each of these positions. He added a job description draft was then prepared for each of the positions and the draft was reviewed by the employee and the City Manager, and appropriate changes made. Mr. Hawkins stated 13 other communities were chosen, primarily on the basis of size and location, for salary comparisons. He further stated that following prepara- tion of job descriptions and the analysis of community salary information, Brooklyn Center positions were classified into pay grades He explained generally the average salary paid to City department heads was similar and in line with salaries paid for comparable positions in other cities, which indicates the City of Brooklyn Center has generally done a good job of administering salaries in relation to community pay levels. He stated salary ranges for these positions were determined primarily on the basis of survey information to provide an orderly alignment from the lowest to the highest -pay grade. He added since the ranges are intended for use in 1978, the survey averages were adjusted upward by 6% to proiect into the coming year. He explained the resulting pay grades have a range spread of about 35% from minimum to maximum, with the midpoint to approximate the market rate for similar positions. He pointed out the recommended salary ranges are designed so that the midpoint approximates the current market level for a normally experienced, fully satisfactory performer on the described position. He reported the range minimum is the normal beginning rate, and the maximum is the highest rate which can be paid for experienced top performers. He added no specific steps have been established within the range to allow flexibility in recognizing individual performance in pay situations. Mr. Hawkins further stated in order to maintain the accuracy and credibility of salary ranges, it is important they be reviewed annually in relation to competitive pay practices. He explained they should be adjusted as necessary to reflect salary survey information and City pay objectives. He added the City should attempt to maintain a proper position among comparable communi- ties, but should not feel obligated to maintain anyone's personal purchasing power. He reported the lower portion of the salary range should normally include relatively inexperienced employees, as well as those whose performance remains below fully satisfactory levels; while the middle portion should include "the normally experi- enced, fully satisfactory employees; and the top portion should include only those who have demonstrated superior performance , over a significant period on the job or at comparable levels of responsibility. Mr. Hawkins stated no matter how well a compensation program may be designed and initially implemented, it will lose its value in a short time if it is not effectively administered and updated. He added regular attention to updating job descriptions and to program maintenance is important and is the responsibility of the City Manager with proper support from the City Council. 12 -12 -77 -8- Mr. Hawkins condludcd his report by stating basically the City of Brooklyn Center is in good shape with respect to .salary compensation and wage administration for City department heads. Mayor Cohen reported with the assistance of this report from Loren Law Associates the City Manager has made wage recom- mendations in the form of a salary resolution for consideration by the City Council. The City Manager stated basically the salary proposal for City employees for 1978 includes a 6% across- the - board increase in salaries. He noted that the October to October Twin. Cities Area Consumer Price Index has increased to 7.8 %. He explained the City Council had been furnished with a memorandum explaining the exceptions to the 6% salary increases that are being recommended. He also noted it is recommended the City increase the employer's contribution towards the cost of coverage under the City's group health plans by $10 for 1978. In response to an inquiry by Mayor Cohen, the City Manger explained the recommended increase in the insurance contribu- tion would mean that in 1978 the City would provide $60 per month for nonorganized employees and members of the Local 49 and that police officers would receive $65 per month towards insurance contributions He added a contract for police officers has not yet been arrived at for 1978 and the contract dispute will go to arbitration. Mayor Cohen com- mented he felt that the City Council might want to again review salaries for City employees after a police settlement is reached. He explained it seems like police salaries will be settled by nonelected persons and the Council, following the settlement of the police contract, may want to look at the growing disparity between nonorganized employees and organized employees of the City. In response to an inquiry by Councilman Lhotka, the City Manager stated the tradition has been the City Council establishes the top salary levels for various positions and the City Manager has the discretion to set salaries up to that maximum salary level. In response to another inquiry by Councilman Lhotka, the' City Manager stated that the police technician position originally authorized by the City Council in the 1978 Budget has been re- evaluated and it is recommends: the position be abolished and replaced by additional clerk- dispatcher. Manager Splinter explained Deputy Chief Lindsay, upon review and analysis of this position, recommends the present clerk - dispatcher supervisor handle the administrative duties orginally contemplated for the police technician position provided the supervisor is relieved of dispatching duties. Therefore, rather than filling the police technician position the clerk - dispatcher supervisor would become more of an office manager and a new dispatcher be hired Councilman Lhotka stated that he wished this information had been brought to the City Council before this time. Further discussion ensued relative to the recommended salary increase for 1978 and the management compensation program report submitted by Loren Law and Associates. Action Acknowledging Following the discussion there was a motion by Councilman Receipt of Report Fignar and seconded by Councilman Lhotka to acknowledge .receipt of the management compensation program report for City department heads and to utilize it as a guideline for salary determination. Voting in favor: Mayor Cohen, Council- men Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. -9- 12 -12 -77 Member Tony Kuefler introduced the following resolution and RESOLUTION moved its adoption: NO. 77 -243 RESOLUTION SETTING WAGES AND SALARIES FOR THE CALENDAR YEAR 1978 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, 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 -244 RESOLUTION AUTHORIZING PAYMENT OF CERTAIN GROUP HEALTH PLAN COSTS 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, 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 -245 RESOLUTION AMENDING THE 1978 GENERAL FUND BUDGET TO PROVIDE FUNDS FOR VOLUNTEER FIRE DEPARTMENT UNIFORMS 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, Tony Kuefler, Bill Fignar, and Gene Lhokta; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager reported that the City Council at the November Suburban Health 28, 1977 meeting had adopted a resolution authorizing participation Nursing Service in the Suburban Health Nursing Service which was contingent upon modification to Article VII of the Joint Powers Agreement to provide voting on the Board of Directors based on a community's population. He 'explained this contingency was not acceptable for participation in the Joint Powers Agreement and a- resolution is offered should the Council wish to become involved without such a stipulation. He further explained if the Council wishes to adopt another resolution it would first have to reconsider and then rescind Resolution No. 77- 229 which was adopted at the November 28 meeting. Motion by Councilman Fignar and seconded by Councilman Action to Reconsider Lhotka to reconsider Resolution No. 77 -229 relating to partici- Resolution No. 77 -229 pation in the Suburban Health Nursing Service. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhokta. Voting against: none. The motion passed unanimously. Motion by Councilman Fignar and seconded by Councilman Action Rescinding Lhotka to rescind Resolution No. 77 -229 relating to participation ' Resolution No. 77 -229 in the Suburban Health Nursing Service. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. 12 -12 -77 -10- RESOLUTION Member Gene Lhotka introduced the following resolution and NO. 77 -246 moved its adoption: RESOLUTION AUTHORIZING PARTICIPATION IN THE SUBURBAN HEALTH NURSING SERVICE; DIRECTING THE EXECUTION AND DELIVERY OF A JOINT POWERS AGREEMENT; AND DESIGNATING A REPRESENTATIVE OF THE CITY AS ITS MEMBER ON THE BOARD OF THE SUBURBAN HEALTH NURSING SERVICE 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, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same none, whereupon said resolution was declared duly passed and adopted. License Fees The City Manager introduced the next item of business on the agenda, that of an ordinance amendment recommended for the purpose of increasing various license fees charged by the City. He stated it is recommended this ordinance, which had a first reading on November 14, 1977 and was published on November 23, 1977, be given an amended first reading to clarify that the ordinance pertains to licenses and fees that expire after December 31 1977. He pointed out the ordinance does not provide for licensing mechanical amusements and pinball machines, theaters, circuses, on -sale wine, carnivals jukeboxes, and kiddy rides which were included in the license fee survey previously provided. He further. stated e - 1. City ' Council should wish to license these activities, ordinance amendments can be prepared. The City Manager reported the Chamber of Commerce had been notified with respect to the license fee changes and to date the City has received no comment regarding them. He also stated justifications for the increases have been provided to the City Council as directed at the November 14, 1977 meeting. He briefly reviewed various reports relating to the activities associated with licensing and a brief discussion ensued relative to the ordinance amendment. In response to an inquiry by Mayor Cohen, the City Manager stated all fbod license fees currently charged are low in comparison to the cities of Crystal and Brooklyn Park, and it was recommended these fees be upgraded to be consistent with fees charged by these cities because of the joint sanitarian arrangement among the three cities. Ordinance Following further discussion there was a motion by Council - Amended First Reading man Kuefler and seconded by Councilman Fignar to offer for an amended first reading an ordinance amending the City Ordinances regarding various license fees. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhokta. Voting against: none. The motion passed unanimously. Open Forum The City Manager reported on November 28, 1977 the Council agreed to adopt the recommendation contained in the Sub - committee minutes of August 17, 1977 relating to establishing an open forum at City Council meetings but that the City Council had not yet decided on a time to hold the open forum and had extended an opportunity to Mayor -elect Nyquist and Council. member- elect Scott to provide further input on this subject. -11- 12 -12 -77 Mayor Cohen recognized Mayor -elect Nyquist who stated he preferred holding the open forum in advance of the regular meeting so that if no one wishes to utilize the open forum fhe Council can then proceed with the regularly scheduled agenda. Councilmember- elect Scott stated she preferred having a specific set time for holding the open forum and that sound ground rules be established, and perhaps persons wishing to address the City Council at an open forum could contact and reserve a time for addressing the Council. A brief discussion ensued relative to a starting time for conducting an open forum at City Council meetings Council - man Kuefler stated he preferred a starting time of 6:45 p.m. and that perhaps the Council could modify this starting time if the open forum is not being extensively used. The City Manager suggested the open forum be a part of the agenda and recommended the Council not designate a specific time for the open forum which couldn't be used for other business should no one wish to address the Council. Councilman Lhotka stated he preferred starting the City Council meeting at 7:00 p.m. rather than 7 :30 p.m. and the Council address preliminary agenda items such as call to order, roll call, invocation, , and approval of minutes prior to opening the meeting for an open forum. He explained that the open forum could then start at approximately 7:05 and last no longer than thirty minutes. He pointed out that if no one wishes to address the Council during the time set aside for the open forum the Council can continue with the regularly scheduled portion of the Council agenda.- Following the discussion it was the consensus of the Council the open forum be started at approximately 7:05 p.m. on the evening of a City Council meeting and it be implemented for the second Council meeting in January. Following further discussion there was a motion by Council - Action Directing the man Fignar and seconded by Councilman Lhotka to direct the Preparation of a Resolution City Manager to prepare a resolution establishing the guide- lines for implementation of an open forum at Council meetings. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed :unanimously. '° he City Manager, referring to a list of licenses recommended Licenses 'for approval by, the City Council at this evening's meeting, stated that a motor vehicle dealer's license for K -Mart should be deleted from consideration by the City Council. Motion by Councilman Kuefler and seconded by Councilman Lhotka to approve the following list of licenses: MECHANICAL SYSTEMS LICENSE Advanced Heating 7805 Beech St. N.E. Louis DeGidio Oil 6501 Cedar Ave. S. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unani- mously. :Mayor Cohen distributed a memo and a copy of a portion of the Political Activity personnel ordinance which relates to political activity of City of City - EmploYees employees. He explained that issues have been raised over certain political activities of City employees with respect to local elections. He explained that presently the City's personnel ordinance prohibits certain political activities for City employees 12-1.2-77 -12- which includes campaigning for others seeking election, nomination or appointment as an officer of a political organiza- tion or taking part in political campaigns for City elective office. He briefly reviewed Section 17 -126 of the City Ordinances and requested this section of the City Ordinance, be reviewed by the City Council in order to determine if the ordinance addresses current activities of some City employees. He added if it does, then this section of the ordinance should be enforced. He stated that if it does not, the Council may wish to modify it to provide for the clear intent of this section as it was intended. He explained the other alternative, if the Council does not agree with the purpose of this section, would be to remove it from the City Ordinances. The Mayor stated that some of the issues he has observed during the past political campaign season are as follows: 1 . Can employees be protected from the provisions of the ordinance by endorsing candidates under a group label, as opposed to the individual endorsement? 2. Does the endorsement as an employee organization, club, etc. allow the individual to campaign for candi= dates ? 3. Since the Volunteer Fire Department is exempt from the code, is there conflicting issues when a member of the Volunteer Fire Department is also a City employee ? He added he felt it was necessary for the Council to discuss these issues and clarify them at an early date and suggested the City Manager and the City Attorney review these matters for a report to the City Council. He concluded by stating that he feels the ordinance is very clear and political activity with respect to local elections by City employees is prohibited but that there have been comments made that employees can 'make political endorsements under association or union labels and are, therefore, not subject to the ordinance. A brief discussion ensued relative to the Mayor's comments and the need for clarification of Section 17 -126 of the City Ordinances. Action Directing Research Following further discussion there was a motion by Councilman of Chapter 17 of the City Kuefler and seconded by Councilman Fignar to direct the City Ordinances Manager and the City Attorney to research Chapter 17 of the City Ordinances to determine if the ordinance addresses current political activities of City employees. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Adjournment Motion by Councilman Kuefler and seconded by Councilman Fignar to adjourn the meeting. Voting in-favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:03 p.m. Clerk _ Mayor -13- 12 -12 -77