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HomeMy WebLinkAbout1977 11-28 CCP Regular Session CITY COUNCIL AGENDA City of Brooklyn Center November 28, 1977 7:30 p.m. 1. Call to Order 2. Roll Call 3 . Invocation 4. Approval of Minutes - November 14 1977 5. Housing Commission Resignation 6. Acknowledge Receipt of Claim 7. Final Plat Approval, 8. Performance Bond Reductions (4) 9. Authorize Execution of an Agreement • 10. Resolutions: a. Authorizing Participation in the Suburban Health Nursing Service b. Amending 1977 General Fund Budget c. Amending 1977 General Fund Budget d. Amending 1977 General Fund Budget e. Amending 3977 General Fund Budget f. Amending 1978 General Fund Budget g. Amending 1978 General Fund Budget h. Amending 1978 General Fund Budget i. Amending 1977 General Fund Budget 11. Open Forum Deliberation (8:0b p.m.) 12. Planning Commission Items (8 :30 p.m.): a. Application No. 77037 submitted by Howe, Inc'. b. Application No. 77038 submitted by Howe, inc c. Application No. 77061 submitted by B : C .I. P . d Application No. 77062 submitted by B . C . T. P. e. Application No. 77065 submitted by john 'Sheehan /Innco , Inc. f. Application No. 77066 submitted by Dr. William Mattison 13. Ordinances: a. Amending Chapter 35 CITY COUNCIL AGENDA -2- November 28, 19777 14. Discussion Items. . a. Traffic 'Safety Advisory Committee b. Additional Manpower for Public Utilities Division c. Fire Department Uniforms 15. Licenses 16. Adjournment s CITY MANAGER'S COMMENTS Item 5 Housing Commission Resignation Mayor Cohen has received a letter of resignation from Housing Commission Chairman Lou Howard effective following the November 15, 1977 Housing Commission meeting. Disposition Item 6 Acknowledge Receipt of Claim On November 21, the City received a notice of claim filed by Arnold Berg for his minor child Tommy, in an amount of $500,000 for injuries resulting from contact with uninsulated electrical wires It is recommended that the Council acknowledge receipt of the notice of claim and refer it to the City's insurance carrier for disposition Disposition Item 7 Final Plat Approval It is recommended that the City Council approve the final plat for the Berean Addition located at 6625 Humboldt Avenue North. The preliminary plat was approved by the City Council on October 3 1977 under Planning Commission Application No. 77046. Disposition Item 8 Performance Bond Reductions (4) The following site performance financial guarantees are recommended for reduction on the basis of corresponding obligations being satisfied a Lund Martin Co. for Speculative Building No. 7, `1600 67th Avenue North, from $75,000 to $25,000; b. First Wisconsin Mortgage Co. for the Moorwood Townhouses, Co. Rd. 10 and Shores Drive, from $50,000 to $25,000; c. Ed Sheehy Construction Co. for the Ground Round Restaurant, 2545 Co. Rd. 10, from $60,525 to $10,000; d. a a v, Wetter u Builders for To City, 6000 Earle Brown Drive, from r Y Y 00 I $1 000 to- $25,000. Disposition r � CITY MANAGER'S COMMENTS Page 2 Item 9 Authorize Execution of an Agreement The North Suburban Regional Mutual Aid Association has recommended that Rogers, Minnesota be added as a member of the Association. The Fire Chief has reviewed the matter and has indicated that this will have little, if any, effect on Brooklyn Center. It is recommended that this amendment to the Mutual Aid Agreement be executed. Disposition Item 10a Authorizing Participation in the Suburban Health Nursing Service This resolution is recommended for the purpose of authorizing participation in the Suburban Health Nursing Service, directing the execution of a joint powers agreement, and designating a representative of the City as its member on the Board of the Suburban Health Nursing Service as directed by the City Council at the November 14, 1977 meeting. • Disposition Item 10b Amending 1977 General Fund Budget This resolution is recommended for the purpose of amending the 1977 General Fund, Budget to transfer $3,500 from the Council Contingency appropriation to the Police Department appropriation to provide an engineering study of the area's police, fire and emergency communications systems through the Hennepin Emergency Communications Organization (HECO) as was directed by the City Council at the November 14, 1977 meeting. Disposition Item 10c Amending 1977 General Fund Budget This resolution is recommended for the purpose of transferring from the Unallocated Labor appropriation to various departmental appropriations for the purpose of unemployment benefits. • Disposition CITY MANAGER'S COMMENTS • Page 3 Item 10d Amending 1977 General Fund Budget This resolution is recommended for the purpose of increasing various departmental appropriations with funds to be received from CETA grants... „ The CETA program has been extended to September 30, 19 78 . Disposition Item 1 e Amending 1977 General Fund Budget This resolution is recommended for the purpose of increasing the Detached Worker appropriation with funds to be received from CETA grants Disposition Item 10f Amending 1978 General Fund Budget • This resolution is recommended for the purpose of - transferring $14,124 from the 1978 Contingency appropriation to the Parks Department appropriation to comprehend the opening of all skating rinks for the 1977 -78 skating season. This resolution was directed by the City Council at the November 14, 1977 meeting. Disposition Item log Amending 1978 General Fund Budget This resolution is recommended for the purpose of increasing various 1978 departmental appropriations with funds to be received from CETA grants. Disposition Item 10h Amending 1978 General Fund Budget This resolution is recommended for the purpose of increasing the 1978 • Detached Worker appropriation with funds to be received from CETA grants. Disposition ,w CITY MANAGER'S COMMENTS • Page 4 Item 10i Amending 1977 General Fund Budget This resolution is recommended for the purpose of increasing the Fire Department appropriation by $1,403 to reflect the receipt of a State grant for - the - purchase of Fire Department emergency and rescue equipment. Disposition Item 11 Open Forum Deliberation The City Council has requested specific time on Monday night's agenda to deliberate the matter of instituting an open forum concept. Information from a questionnaire distributed with the City Manager's Newsletter is available for your review with the enclosed agenda materials. Disposition Item 12a Application Nos. 77037 and 77038 submitted by Howe, Inc. and 12b These items were continued by the City Council on November 14, 1977 to give the applicant and the neighborhood an opportunity to resolve matters of disagreement and to further research and review a number of items that pertain to the applications. The Minnesota -Pollution Control Agency has been contacted and hopefully a representative will be present at Monday evening's meeting. Disposition Item 12c Application No. 77061 submitted by B . C . I . P Request to rezone from R -7 to C -la land west of- Creek Parkway between Summit Drive and john Martin Drive; and rezone from C -la to R -7 certain adjacent land 'to the south. ' This item was considered by the Planning Commission on November 17, 1977. Disposition CITY MANAGER'S COMMENTS Page 5 Item 12d Application No. 77062 submitted by B.C.I.P. Registered land survey for the property indicated in Application No 77061. This item was considered by the Planning Commission on November 17, 1977. Disposition Item 12e Application No. 77065 submitted by john Sheehan /Innco, Inc. Registered land survey for the property at 1501 Freeway Boulevard and adjacent property to the west. This item was considered by the Planning Commission on November 17, 1977. Disposition Item '12f Application No. 77066 submitted by Dr. William Mattison • Parking plan approval for dental clinic at 5827 Brooklyn Boulevard. This item was considered by the Planning Commission on November 17, 1977. Disposition Item 13a Amending Chapter 35 This ordinance amendment (first reading) is recommended for the purpose of incorporating into the City Ordinances the rezoning evaluation policy and guidelines adopted by the City Council through resolution No. 77 -167. The Planning Commission has reviewed this matter and recommends that the policy .be embodied in City Ordinances. Disposition Item 14a Traffic Safety Advisory Committee Mayor Cohen at the November 14, 1977 City Council meeting stated that he would have more information on the Traffic' Safety Advisory Committee for the November 28, 1977 City Council meeting. Disposition CITY MANAGER'S COMMENTS Page 6 Item_ 14b Additional Manpower for Public Utilities Division Included in your agenda - information is a memorandum recommending an increase in manpower in the Public Utilities Division. I have reviewed the request and concur in Mr. Merila's recommendation to hire an additional employee. Disposition Item 14c Fire Department Uniforms Enclosed is a memorandum from Fire Chief Boman containing a recommendation and survey of other municipal practices in this area Mr. Hoffman of my office assisted the chief in the survey and I concur in his recommendation. Disposition • NOV -21 1911 c f Citj -at Brooki a Cyntec NOTICE TO MUNICIPALITY OF CLAIML�_ To the City of Brooklyn Center, Minnesota: PLEASE TAKE NOTICE that a claim for damages against the City of Brooklyn Center, Minnesota is being made as follows: ' 1. Names of Claimants: Tommy Berg, a minor child Arnold Berg, Isis father 2. Addresses of Claimants: 5236 :Great View Avenue North Brooklyn Center, Minnesota 3. Facts: On August 27, 1977 at about one p.m., t minor plaintiff was located in the yard of his residence and because of the negligent and unlawful proximity of uninsulated electrical wires to o tree in which he was located, he was caused to contact said electrical wires, and as a result sustained severe and permanent injuries consisting of the loss of various fingers, severe burns, and scars resulting therefrom about his entire body. That as a result of the minor child sustaining said • injuries, Arnold Berg has in the past and will in the future be required to incur expenses for necessary medical and hospi care and attention. That said injury to the minor occurred without any fault or negli gence on the part of said minor and Arnold Berg, That by reason of the foregoing, Tommy Berg and Arnold Berg claim damages from the City of Brooklyn Center, Minnesota in the sum of Five Hundred Thousand Dollars ( Dated: November 21, 1977. Tatum Berg, a minor, ond:Arn�pld Berg; - his f her , Richard G. Hunegs DePorcq, Anderson, Perl, Hunegs & Rudquist 565 Pillsbury Building Minneapolis, Minnesota 55402 Tel. :339 - 4511 ATTORNEYS FOR CLAIMANTS ;. CITY; OF 6301 SHINGLE CREEK PARKWAY B ROOK L BROOKLYN CENTER, MINNESOTA 55430 i TELEPHONE (612) 561 -5440 E, 7 . � x E NTER Mr. Jerry Splinter City Manager 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 November 14, 1977 Dear Jerry; Enclosed you will find a copy of North Suburban Regional Mutual Aid Association. We must bring this before the Council again, as we have added Rogers, Minnesota to this agreement. This agreement will have very little if any effect as far as Brooklyn Center is concerned, due to the geographic location. The prospects of our Department beingcalled for assistance is minimal, it the last meeting the North Suburban Regional Mutual Aid Association discussed length and the Association agreed to accept Rogers, Minnesota as a member, pending Councils approval. I feel Rogers will be an asset to the agreement especially in the northern areas with the smaller departments. They have both a Custom 1250 pumper and a 1000 gallon tanker. It is my recommendation that the City of Brooklyn Center approve this new Mutual Aid agreement. Sincerely, Ron Boman Fire Chief RB: ?�Se Soorce�lu�sg N eu Aa Member introduced the following resolution and moved its adoption: RESOLUTION NO. 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 WHEREAS, the City of .Brooklyn Center is authorized by Minnesota_ Statutes, Section 471.59 to enter into joint and cooperative agreements with other govern mental units; and WHEREAS, the City Council has duly established a board of health and assigned its duties as provided in Minnesota Statutes, Section 145. -913; and WHEREAS, the City Council has determined that the City cooperate with other municipalities in providing community health nursing services and home health services; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of • Brooklyn Center, Minnesota, as follows: 1. The Mayor and City Manager are authorized and directed to execute the attached joint and Cooperative Agreement providing for membership of the City in the Suburban H ealth Nur g Servige o � ---¢ � it 2. no ccance h the provisions of the joint and Cooperative Agreement, the Council hereby designates G -P�• d�-- as its first director on the Board of Directors of the Suburban Health Nursing Service 3 The City Clerk is directed to file a copy of the executed agreement together with a certified copy of this resolution with the City Manager of the City of Crystal. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was seconded by member and upon vote being taken thereon, the • following voted in favor thereof: , and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION AMENDING THE 1977 GENERAL FUND BUDGET TO PROVIDE THE CITY'S SHARE FOR A COUNTY -WIDE ENGINEERING STUDY OF THE AREJVS POLICE FIRE AND EMERGENCY COMMUNICATIONS SYSTEM WHEREAS, Section 7.09 of the City Charter of the City of Brooklyn Center provides for a contingency appropriation as a part of the .General Fund Budget and further provides that the contingency appropriation may be transferred to any other appropriations by the City Council; and WHEREAS, on October 4, 1976, the City Council of the City of Brooklyn Center adopted a budget for the calendar year 1977; and WHEREAS, the City of Brooklyn Center is a member of the Hennepin County .Emergency Communications Organization (HECO) and WHEREAS, subsequent to the adoption of the 1977 budget by the Council, the Board of Directors of HECO, on October 28, 1977, requested a financial commitment from each of the HECO members to finance a county -wide engineering study of the area's police, fire and emergency communications system; and WHEREAS, the City Council has determined that the study is necessary and will be of value to the City: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the 1977 General Fund Budget to fund the City's share of the HECO study by transferring $3,500 from the Contingency Appropriation (Account No. 01 -4995- 000 -82) to the Police Department Legal and Professional Services Appropriation (Account No. 01-4312-000-31). Date Mayor ATTEST: C 1 e rk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption; RESOLUTION NO. RESOLUTION AMENDING THE 1977 GENERAL FUND BUDGET TO PROVIDE FOR UNEMPLOYMENT BENEFITS WHEREAS, Section 7.08 of the City Charter of the City of Brooklyn Center does provide that the City Council may, by majority vote of its members, transfer unencumbered appropriation balances from one office, department or agency to another within.the same fund; and WHEREAS, on January 1, 1974, unemployment compensation benefits were first extended to public employees of political subdivision of the State of Minn- esota under amendments to the Minnesota Employment Services Law enacted by the 1973 State Legislature; and WHEREAS, the amount of $7,839.69 was paid to the Department of Employ- ment Services for unemployment benefits chargeable to the City during the calendar year '1977; and WHEREAS, chargeable costs in the amount of $2,035.61 are attributable to the Liquor Stores Fund (an enterprise fund) , chargeable costs in the amount of $59.59 are attributable to the Public Utilities Fund (an enterprise fund) , and chargeable costs in the amount of $5,744.49 are attributable to the General Fund • (a budgeted fund); and WHEREAS, because little experience had been accumulated', as a basis for estimating costs, the City Council did appropriate funds in total for the cost of employment benefits within the Unallocated Labor budget rather than to individual City operating departments budgets in the 1977 General Fund Budget: NOW,' THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the 1977 General Fund Budget be amended to transfer the amount of $5,748 from the Unallocated Departmental Labor Appropriation (Account No. 01- 4100 - 000 -81) to the following departmental appropriations in the amounts shown City, Managers Office Unemployment Compensation ( Account No. 01- 4156 - 000 -13) $1,160 Government Buildings Unemployment Compensation (Account No 01- 4156 - 000 -19) $ 736 Planning and 'Inspection Unemployment Compensation (Account No. '01- 4156 - 000 -33) $2,373 Engineering Unemployment Compensation (Account No. 01- 4156 - 000 -41)- $ 68 Street Construction • Unemployment Compensation (Account No. 01- 4156- 000 -42) $ 885 Recreation and Parks Administration Unemployment Compensation (Account No. 01- 4156- 000 -61) $ 84 Parks Maintenance Unemployment Compensation (Account No. 01- 4156 - 000 -69) $ 442 RESOLUTION NO. • Date Mayor ATTEST; G lerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same; whereupon said resolution was declared duly passed and adopted: r . Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1977 GENERAL FUND BUDGET TO PROVIDE FOR CETA EMPLOYEES EXTENSION WHEREAS, Section 7.08 of the City Charter of the City of Brooklyn Center does provide for the increase of a budget appropriation by the City Council if the actual receipts exceed the estimates; and WHEREAS, Section 7.08 of the City Charter does also provide that the City Council may, by majority vote of its members, transfer unemcumbered appropriation balances from one office, department or agency to another within the same fund; and WHEREAS, the Comprehensive Employment Training Act (CETA) does provide federal financing to create temporary public service jobs to the unemployed; and WHEREAS, -on October 4, 1976, the City Council of the City of Brooklyn Center adopted a budget for the calendar year 1977; and WHEREAS, on December 20, 1976, said budget was amended by Resolution No. 76 -186 to authorize certain CETA positions and to increase the departmental budget' appropriations to fund' these positions for a three month period to end March 31, 1977; and WHEREAS, said positions were as follows: Position Number Authorized Department Accounting Assistant (CETA) I Finance Building Maintenance (CETA) 4 Government Buildings Clerk III (CETA) 1/2 Police Clerk III (CETA) 1/2 Planning & Inspection - Engineering Aid I (CETA) 1 Engineering Landscape Technician (CETA) 1 Recreation & Parks Inspection Aid (CETA) 1 Planning & Inspection Patrol Officer (CETA) 1 Police WHEREAS, the positions listed above of Inspection Aid (Department of Planning & Inspection) and one Patrol Officer (Police Department) were funded from other sources in the 1977, Budget because of the apparent inavailability of Federal CETA funds; and WHEREAS, on fuly 11 , 1977, said budget was amended by Resolution No: 77 -130 to increase the appropriation to extend the CETA program through September 30, 1977; and WHEREAS, the City was subsequently notified that Federal CETA funding had • been extended for the balance of 1977: 0 ma c , RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the 1977 General Fund Budget to extend said positions and to increase the departmental budget appropriations to fund those positions through December 31_, 1977 as follows: Salaries, Hospitalization Life Regular Employees Insurance ° Insurance Department (Object No. 4100) (Object No. 4151} (Object No. 4152 Finance $ 2,499 $ 150 $ 8 Building Maintenance 9 600 29 Police 3,505 263 12 Planning & Inspection 3,505 225 12 Engineering 2,169 150 8 Recreation & Parks Supv. 2,499 150 8' $24,173 1 538 $77 BE IT FURTHER RESOLVED that the sources of funding for the additional appropriations in the amount of $25,788 shall be the Federal CETA'grant; and BE IT FURTHER RESOLVED to amend the 1977 General Fund Budget to decrease the departmental budget appropriations as shown below and increase the Unallocated Departmental Labor Appropriation (Account No. 01- 4100 - 000 -81) by the same amount. (This is the amount to be funded by Federal CETA funds for the three months period for the positions of Inspection Aid and Patrol Officer initially funded from other sources) : Salaries, Hospitalization Life Regular Employees Insurance Insurance Department (Object No. 4100) (Object No. Object No. 4152 Police $2,499 $188 $ 8 Planning & Inspection 2,499 150 8 $4,998 $338 $16 Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted.' Member introduced the following resolution and moved its adoption; RESOLUTION NO. RESOLUTION AMENDING THE 1977 GENERAL FUND BUDGET- TO PROVIDE FOR CETA EMPLOYEES EXTENSION IN THE DETACHED WORKER PROGRAM WHEREAS, Section 7.08 of the City Charter does provide for the increase of a budget appropriation by the City Council if the actual receipts exceed the estimates; and WHEREAS. the Comprehensive Employment Training Act (CETA) does provide Federal financing to create temporary public service jobs to the unemployed; and WHEREAS, the Detached Worker Program in Brooklyn Center is provided through contract with the YMCA and is jointly 'funded by the -City of Brooklyn Center, Brooklyn Center business firms, and various agencies; and WHEREAS,, on October 4, 1976, the City Council of the City of Brooklyn Center adopted a budget for the calendar year 1977; and WHEREAS, on December 20, 1976, said budget was amended by Resolution No. 76 -188 to increase the Detached Worker Program Appropriation to fund one full -time and one -half time Detached Worker position for a three month period to end March 31, 1977; and WHEREAS, on July 11, 1977, said budget was amended by Resolution No. 77 -129 to increase the appropriation to extend the expanded program through September 30, 1977; and WHEREAS, the City was subsequently notified that Federal CETA funding has been extended for the balance of 1977: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the 1977 General Fund Budget h increasing the y g y Professional Services Appropriation, Detached Worker Program, in the amount of $6,000 to fund one full -time and one -half time Detached Worker position_ through December 31, 1977; and BE IT FURTHER RESOLVED that the source of funding for the additional appropriation in the amount of $6,000 shall be the Federal CETA grant. Date Mayor ATTEST: Clerk RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1978 GENERAL FUND BUDGET TO PROVIDE FOR THE OPENING OF ADDITIONAL SKATING RINKS WHEREAS, ;Section 7.09 of the City Charter of the City of Brooklyn Center provides for a contingency appropriation as a part of the General Fund Budget and further provides that the contingency appropriation maybe transferred to any other appropriation by the City Council; and WHEREAS, on October 3, 1977, the City Council of the City of Brooklyn Center adopted a budget for the calendar year 1978; and WHEREAS, 'upon the recommendation of the Parks and Recreation Advisory Commission, the Council did provide in said budget for a reduced ice skating program which involved the closing of certain ice skating rinks to conserve energy; and WHEREAS, upon receipt of citizens' petitions and subsequent public hearings on said action, the Parks and Recreation Commission has reconsidered its earlier recommendation and now recommends that all skating rinks remain open; and • WHEREAS, the City Council did consider the issue on November 14, 1977 and has directed that all skating rinks be opened and that all warming houses be heated at the minimum level: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the 1978 General Fund Budget to fund the expanded` program by transferring $14,124 from the Contingency Appropriation (Account No. 01- 4995 - 000 -82) to the following Parks and Recreation Department Accounts; General Recreation Programs Salaries, Temporary Employees (Account No. 01-4130-000-66) $11, 680 Parks Maintenance • Utilities, Gas Service (Account No. 01 -4372- 000 -69) $ 1,000 Utilities, Electric Service (Account No, 01- 4371 - 000 -69) $ 1,444 Date Mayor ATTEST C lerk The- motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared dulv nassed and adonted _ Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1978 GENERAL FUND BUDGET TO PROVIDE FOR CETA EMPLOYEES EXTENSION WHEREAS, Section 7.08 of the City Charter does provide for the increase of a budget appropriation by the City Council if the actual receipts exceed the estimates; and WHEREAS, Section 7,08 of the City Charter does also provide that the City Council may, by majority vote of its members, transfer unencumbered appropriation balances from one office, department or agency to another within the same fund; and WHEREAS, the Comprehensive Employment Training Act (CETA) does provide federal financing to create temporary public jobs to the unemployed; and WHEREAS, on October 3, 1977, the City Council of the City of Brooklyn Center adopted a budget for the calendar year 1978; and WHEREAS, at the time of the adoption of the 1978 Budget', the Federal CETA program was scheduled to end prior to December 31, 1977; and WHEREAS, therefore no CETA positions were authorized or funded in the 1978 Budget; and WHEREAS, the City was subsequently notified that the Federal CETA funding had been extended through September 30, 1978; and WHEREAS, the City Council wishes to extend into 1978 certain CETA positions which were authorized in 1977; and WHEREAS, said positions were as follows: Position Number Authorized Department Accounting Assistant (CETA) 1 Finance Building Maintenance (CETA) 4 Government Buildings Clerk III (CETA) 1/2 Police Clerk III (CETA) 1/2 Planning & Inspection Engineering Aid I (CETA) 1 Engineering Landscape Technician (CETA) 1 Recreation & Parks Inspection Aid (CETA) 1 Planning & Inspection. Patrol Officer (CETA) 1 Police WHEREAS, the positions listed above of Inspection Aid (Department of Planning and Inspection) and one Patrol Officer (Police Department) were funded from other sources in the 1978 Budget because of the apparent inavailability of Federal CETA funds: • RESOLUTION NO b the City NOW, THEREFORE, BE IT RESOLVED Y Y Council of the City of Brooklyn Center to amend the 1978 General Fund Budget to authorize said positions and to increase the departmental budget appropriations to fund those positions through September 30, 1978 as follows: Salaries, Hospitalization Life Regular Employees Insurance Insurance Department Object No. 4100) (Object No. 4151) Object No. 4152 Finance $ 7,497 $ 450 $ 22 Building Maintenance 29,988 1,800 87 Police 10,670 789 33. Planning & Inspection 10,670 675 33 Engineering 6,507 - 450 22 Recreation & Parks Supv.. 7,497 450 22 $72,829 $4,614 $219 BE IT FURTHER RESOLVED that the source of funding for the additional appropriations in the amount of $77,662 shall be the Federal CETA grant; and BE IT FURTHER` RESOLVED to amend the 1978 General Fund Budget to decreas the departmental budget appropriations as shown below and increase the Unallocated . Departmental Labor Appropriation (Account No. 01- 4100- 000 -81) by the same amount. (This is the amount to be funded by Federal CETA funds for the nine month period for the positions of Inspection Aid and Patrol Officer initially funded from other sources) Salaries, Hospitalization Life Regular Employees Insurance Insurance Department Object No. 4100) (Obj,ect No. 415 ) (Object No. 4152) Police $ 7,497 $ 564 $ 22 Planning & Inspection 7,497 450 ` 22 $14,994 $1,014 $ L44 Date , Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption •` RESOLUTION NO. RESOLUTION AMENDING THE 1978 GENERAL FUND BUDGET TO PROVIDE' FOR CETA EMPLOYEES EXTENSION IN THE DETACHED WORKER PROGRAM WHEREAS, Section 7.08 of the City Charter does provide for the increase of a budget appropriation by the City Council if the actual receipts exceed the estimates; and WHEREAS, the Comprehensive Employment Training Act (CETA) does provide federal financing to create temporary public service jobs to the unemployed; and WHEREAS, the Detached Worker Program in Brooklyn Center is provided through contract with the YMCA and is jointly funded by the City of Brooklyn Center, Brooklyn Center business firms, and various agencies; and WHEREAS, on October 3, 1977, the City Council of the City of Brooklyn Center adopted a budget for the calendar year 1978; and WHEREAS, at the time of the adoption of the 1978 Budget, the Federal CETA program was scheduled to end prior to December 31, 1977; and • WHEREAS, therefore no CETA positions were authorized or funded in the 1978 Budget; and WHEREAS, the City was subsequently notified that federal CETA funding had been extended through September 30, 1978: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn` Center to amend the 1978 General Fund Budget by increasing the Pro- fessional Services Appropriation, Detached Worker Program, in the amount of $18,000 to fund one full -time and one -half time Detached Worker position for a nine month period to end September 30, 1978; and BE IT FURTHER RESOLVED that the source of funding for the additional appropriation in the amount of $18,000 shall be the Federal CETA grants. Date Mayor ATTEST: Clerk vµy RESOLUTION NO. The motion for* the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: , whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1977 GENERAL FUND BUDGET TO PROVIDE FOR THE ACQUISTION OF FIRE DEPARTMENT RESCUE EQUIPMENT THROUGH A STATE GRANT WHEREAS, Section 7.08 of the City Charter of the City of Brooklyn Center does provide for the increase of a budget appropriation by the City Council if the actual receipts exceed the estimates; and WHEREAS, on October 4, 1976, the City Council of the City of Brooklyn Center adopted `a budget for the calendar year 1977; and WHEREAS, subsequent to the adoption of the 1977 budget the City qualified for and received a grant from the Minnesota Department of Health through its Emergency Medical Services Program to purchase rescue equipment for the Fire Department; and WHEREAS, said grant was in the amount of $1,402.88: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the 1977 General Fund Budget to increase the Fire Protection Capital Outlay Appropriation For Other Equipment (Account No. 01- • 4552- 000 -32) by $1,403; and BE IT FURTHER RESOLVED that the source of funding for the appropriation in the amount of $1,403 shall be the State grant. Da to Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER ORDINANCE NO, AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES • RELATIVE TO REZONING EVALUATION POLICY AND GUIDELINES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 35 of the City Ordinances of the City of Brooklyn Center is hereby amended by the addition of the following: Section 35 -208. REZONING EVALUATION POLICY AND REVIEW GUIDELINES. 1. Purpose The City Council finds that effective maintenance of the comprehensive planning and land use classifications is entranced through uniform and 'equitable evaluation of periodic proposed changes to this Zoning Ordinance; and for this pur pose, by the adoption of Resolution No, 77 -167, the City Council has established a rezoning evaluation policy and review guidelines: 2. Policy. It is the policy of the City that: a) zoning classifications must be consistent with the Comprehensive Plan, and b) rezoning proposals shall not • constitute "spot zoning," defined as a zoning decision which discriminates; in favor of a particular landowner, and does not relate to the Comprehensive Plan or to accepted planning principles, 3. Procedure. Each rezoning proposal will be considered on its merits, measured against the above policy and against these guidelines which may be weighed collectively or individually as deemed by the City 4. Guidelines. a) Is there a clear and public need or benefit b) Is the proposed zoning consistent with and compatible with surrounding land use classifications? c) Can all permitted uses in the proposed zoning district be con - templated for development of the subject property? d) Have there been substantial physical or zoning classification changes in the area since the subject property was - zoned? e) In the case of City - initiated rezoning proposals, is there a broad public purpose evident? Ordinance No, m f) Will the subject property bear fully the ordinance development restrictions for the proposed zoning districts? i g) Is the subject property generally unsuited for uses .permitted in the present zoning district, with respect to size, configuration,, topography or location? h) Will the rezoning result in the expansion of a zoning district, warranted by: ' 1) Comprehensive Planning; 2) the lack of developable land In the proposed zoning district; or, 3) the best interests of the community? s i) Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? Section 35 -210 REZONING APPLICATION PROCEDURES AND RECONSID- ERATION. Section 2. ` This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 19 Mayor ATTEST: Date of Publication Effective date (Underline indicates new matter, bracket indicate matter to be deleted.) Licenses to be approved by the City Council on November 28, 1977 CHRISTMAS TREE SALES LICENSE 46 •Q.T. Company (2 locations) 3119 Thurber Road City Clerk- GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE - Block Sanitation 1949 Teton Trail Pat's Disposal; Service 3518 Lyndale Ave. N. T, A �tn� Sanitarian 4- NONPERISHABLE VENDING MACHINE LICENSE Midwest Bolt & Supply Co' 6820 Shingle Creek Pkwy 7 Coca -Cola Bottling Co. 1189 Egan Ind. Road r �� ' Holiday Inn 1501 Freeway Blvd. 7- J_ L_ , j- Sanitarian �l RENTAL DWELLING LICENSE Initial: Gary D. Anakkala 5412 1/2 Freemont Ave.N. Roland Scherber 7212 Newton Ave. = N. Manferd Rasmusson and John Christensen 7020 Brooklyn Blvd. _l"`/t� enewal: Ronald & Esther Anderson 5328,30 Queen Ave. N. Gene & Anna Gullord 5337,39 Queen Ave N Gordon Larson & Michael Spencer 5338,40 Queen Ave. N, 7;AJ Rafael Rocha 5324,26 James Ave. N. Garin Lee Rudolph 5318,20 Queen Ave. N J. G. Strand 5327,29 Penn Ave. N %A n Director of Planning and Inspection ti