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HomeMy WebLinkAbout1977 01-24 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 JANUARY 24, 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 7:40 p.m. Roll Call Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Also present were City Manager Donald Poss, Director of Public Works James Merila, City Attorney Richard Schieffer, Director of Finance Paul Holmlund, City Clerk Allen Lindman, Director of Planning and Inspection Blair Tremere, and Administrative Assistant Ronald Warren. Mayor Cohen reported that Councilman Britts was out of town and unable to attend this evening's meeting and, therefore, was excused. Approval of Minutes Motion by Councilman Lhotka and seconded by 1 -3 -77 Councilman Kuefler to approve the minutes of the January 3, 1977 City Council meeting as submitted. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Action Authorizing Motion by Councilman Fignar and seconded by the Execution of Councilman Kuefler to authorize the Mayor and City Parking Agreement Manager to execute an agreement with Federal Lumber Company and President Homes, Inc. pertaining to off -site parking provisions, as directed by the City Council on December 20, 1976 in conjunction with Planning Commission Application No. 76062. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Request to Rescind The City Manager introduced the next .item of business Final Plat on the agenda, that of a request by Mr. W. J. Dale for the City Council to rescind its November 22, 1976 approval of the final plat for the Dale and Davies Second Addition. He explained that Mr. Dale has requested this action so that a proposed dedicated roadway could be relocated westerly of that indicated on the approved plat. He further explained that Mr. Dale claims, and the City staff agrees, that the present configuration is not in the best .interest of the concerned parties. The City Manager stated that a revised plat for this property is the substance of Planning Commission Application No. 77003 to be presented to the City Council later in this evening's meeting. A brief dis- cussion ensued relative to the requested action. Action Rescinding Following the discussion there was a motion by Final Plat Approval Councilman Kuefler and seconded by Councilman Fignar (Dale & Davies that the City Council rescind its November 22, 1976 Second Addition) final approval of the Dale and Davies Second Addition plat, which relates to Planning Commission Application No. 76052 at the request of Mr. W. J. Dale. Voting in -1- 1 -24 -77 favor: Mayor Cohen, Councilmen Fignar, Kuefler, and Lhotka. Voting against: none. The motion passed unanimously. The City Manager .introduced the next item of business, Acknowledging that of acknowledging receipt of a notice of claim filed Notice of Claim against the City. He stated that the claim is made on behalf of Michelle Stout, who was injured in an auto accident by a driver who allegedly purchased beer at a Municipal Liquor Store. A brief discussion ensued relative to the notice of claim with Councilman Lhotka inquiring if there was any know- ledge of the intoxication of the driver or whether or not the driver was a minor. - The City Manager responded that facts such as these are not known as this information was not part of the notice of claim received by the City. Following further discussion there was a motion by Councilman Kuefler and seconded by Councilman Lhotka to acknowledge receipt of the notice of claim and to refer it to the City's insurance carrier for disposition. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. The City Manager announced his appointment of Mr. Peter Appointment of Koole as City Assessor to replace former City Assessor City Assessor John Nordberg who had recently resigned. He briefly reviewed Mr. Koole's academic and professional back- ground, and requested City Council confirmation of his appointment. The City Manager next .introduced Mr. Koole to members of the City Council and a brief discussion ensued. Following the discussion there was a motion by Action Confirming Councilman Fignar and seconded by Councilman Lhotka Appointment of to confirm the City Manager's appointment of Peter Koole City Assessor as City Assessor. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Motion by Councilman Kuefler and seconded by Performance Bond Councilman Lhotka to authorize reduction of a performance Reduction (Humboldt bond submitted by CAL Corporation on behalf of the Square Shopping Humboldt Square Shopping Center from $54,000 to $7,000 Center) on the basis of performance obligations which have been satisfied. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Mayor. Cohen left the table at 8 :00 p.m. The City Manager introduced the next item of business, Planning Commission that of Planning Comm.i.ssion Application No. 77002 Application No. 77002 submitted by Roger Veiht, 6130 Emerson Avenue North. (Roger Veiht) The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 77002 and the Planning Commission action at its January 13, 1977 meeting. He stated that the applicant is seeking permission for a special home occupation at 6130 Emerson Avenue North consisting of saw and skate 1 -24 -77 -2- sharpening. He briefly reviewed the nature of the proposed operation and explained that the activity would be located in the basement and would involve small grinding machines. He commented that the proposed hours of operation would be between 9:00 a.m. and 5:00 p. m. Public Hearing Councilman Fignar opened the meeting to notified property owners. No one spoke relating to the application. Motion by Councilman Kuefler and seconded by Councilman Lhotka to close the public hearing. Voting in favor: Councilman Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed. Mayor Cohen was away from the table at the time of the vote. Councilman Fignar recognized the applicant, Mr. Roger Veiht, and a brief discussion ensued. Mayor Cohen returned to the table at 8 :04 p.m. In response to an inquiry by Councilman Lhotka regard- ing traffic in front of the property associated with the home occupation, Mr. Veiht assured the Council that there would be no problem. Action Approving Following further discussion there was a motion by Planning Commission Councilman Lhotka and seconded by Councilman Kuefler Application No. 77002 to approve Planning Commission Application No. 77002 (Roger Veiht) submitted by Roger Veiht subject to the following conditions: 1. The permit is issued to the applicant as operator and is not transferable. 2. The permit is subject to applicable codes, ordinances and regulations and violation thereof shall be grounds for revocation. 3. The hours of operation shall be between 9:00 a.m. and 5:00 p.m. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Planning Commission The City Manager introduced the next .item of business, Application No. 77003 than of Planning Commission Application No. 77003 (W. J. Dale) submitted by W. J. Dale. The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 77003 and the Planning Commission action at its January 13, 1977 meeting. He stated that the application was for a preliminary plat of the area in the southwest neighbor- hood south of Lake Breeze Avenue and north and west of Highway 100. He explained that a preliminary plat and final plat had been approved under Planning Commission Application No. 76052 for this area and that the final plat approval had been rescinded by the City Council earlier in this evening's meeting. He further explained that this application, therefore, represents a revised plat relating to the same area. He stated that the essential revision was relocation to the west of a -3- _ 1 -24 -77 i proposed dedicated roadway. He briefly reviewed a trans- parency showing the location and configuration of the property in question, and briefly reviewed Highway Department plans for the Indiana /T . H. 100 .interchange and the France/T.H. 100 interchange. The Director of Public Works next reviewed in more detail the differences between the proposed new preliminary plat and the plat that was rescinded previously by the City Council. He explained that the effect of shifting the roadway 100 feet westerly would be to minimize the excavation of peat in the construction of the roadway and, thus, reduce the cost. He stated that it was possible that the present Indiana /T,H. 100 intersection would be closed within the next few years. He noted that presently the France Avenue intersection at T. H. 100 and the Indiana intersection at T.H. 100 do not conform with State Highway Department minimum standards contained in the Manual on Uniform Traffic Controls. A lengthy discussion ensued relative to the Indiana and France Avenue intersections on Highway 100 and various proposals for interchanges in that area and the associated problems. The City Manager reported that the City Council in 1970, when it gave site and building plan approval for the Beach apartment complex, had determined that in the future if direct access to Highway 100 at Indiana Avenue should be shut off, a substitute access to T.H. 100 should be provided by a new street to be located between Azelia and France Avenue connecting Lakeside with Lake Breeze Avenue. He explained that the proposal contained in this preliminary plat application fits this situation exactly. The Director of Public Works next reviewed various slides showing Highway Department proposals for an interchange at France Avenue and T.H. 100. A brief discussion ensued relative to the proposals and to an expected completion date for the project. In response to an ,inquiry by Councilman Fignar, the City Manager explained that the reason for the long delays in these projects has to do somewhat with a shift in priorities by the Federal government from highway development to mass transpor- tation and also to the fact that a great deal of State Highway Department construction funds have been shifted from metropolitan area highway construction to outstate area highway � g y construction due to v arious lobbying activity which has reduced the amount of money available for highway construction in the metropolitan area. I The Director of Planning and Inspection next reviewed the proposed plat with the City Council, Mayor Cohen recognized the applicant, Mr. W, J. Dale, who stated that he had nothing further to add to the application. Following further discussion there was a motion by Action Approving Councilman Kuefler and seconded by Councilman Fignar Planning Commission to approve Planning Commission Application No. 77003 Application No. 77003 submitted by W. J. Dale subject to the following (W. J. Dale) conditions: 1 -24 -77 -4- 1 . Final plat is subject to review by the City Engineer. 2. Final plat is subject to the requirements of Chapter 15 of the City Ordinances Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. RESOLUTION Member Bill Fignar introduced the following resolution NO. 77 -15 and moved its adoption: RESOLUTION AMENDING THE 1977 GENERAL FUND BUDGET 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. RESOLUTION Member Bill Fignar .introduced the following resolution NO. 77 -16 and moved its adoption: RESOLUTION AMENDING THE 1977 GENERAL FUND 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, Tony Kuefler, Bill Fignar, 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 -17 and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF FIVE POCKET TYPE RADIO PAGERS WITH AMPLIFIER 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. RESOLUTION Member Gene Lhotka introduced the following resolution NO. 77 -18 and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF 5000 WATT PORTABLE ELECTRIC GENERATOR 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. -5- 1 -24 -77 Member Tony Kuefler introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -19 RESOLUTION AUTHORIZING THE PURCHASE OF POWER RESCUE TOOL 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. The City Manager .introduced the next item of business Hazardous on the agenda, that of a resolution recommended for the Building purpose of formally commencing action against hazardous building construction associated with the Riverbrooke Townhouses. The Director of Planning and Inspection reviewed slides depicting the hazardous building construction and explained the chronology of events leading to the present situation. A brief discussion ensued relative to the site and the ramifications of the proposed declaration. Member Bill Fignar .introduced the following resolution RESOLUTION and moved its adoption: NO. 77720 RESOLUTION ORDERING THE RAZING AND REMOVAL OF THE HAZARDOUS BUILDING CONSTRUCTION ON LOTS 19, 20, 21, 22, 23, 24, 25, 26 AND 27, ALL OF BLOCK 1, RIVERBROOKE TOWNHOUSES, ACCORDING TO THE PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE REGISTRAR OF TITLES IN AND FOR HENNEPIN COUNTY, STATE OF MINNESOTA 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, Tory 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 RESOLUTION and moved its adoption: NO. 77 -21 RESOLUTION AUTHORIZING REIMBURSEMENT FOR PERSONAL LOSS 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. The Brooklyn Center City Council recessed at 8:57 p.m. Recess and resumed at 9:32 p.m. 1 -24 -77 -6- Housing Commission The City Manager introduced the next item of business, Residency Requirements that of a resolution recommended for the purpose of amending the Housing Commission enacting resolution. He explained that the Housing Commission has requested that neighborhood residency requirements be eliminated due to the fact that despite rather .intensive searching and encouraging, no candidates have come forth to represent the southwest neighborhood on the Housing Commission. He stated that the recommended modifi- cations call for the appointment of Housing Commissioners on an at large basis after giving consideration to the geographic neighborhoods and that the Housing Commission Chairman would be responsible for assigning Commission liaison to the neighborhood advisory committees of the Planning Commission. Councilman Fignar, City Council liaison to the Housing Commission, further elaborated on the proposed amend- ments. He stated that the Commission had made efforts to fill a vacancy that occurred in February, 1976 from the southwest area of the City. He further stated that efforts to make citizens aware of the vacancies were made through various announcements in the local newspaper, by talking with concerned citizens, and through letters and other personal contacts He added that there was no response. Councilman Fignar explained that the Commission again attempted to attract interested citizens following a resignation of another Commissioner in November, 1976, but found themselves in somewhat of a dilemma when they attracted two well qualified and interested citizens. He stated that the dilemma was that only one of these persons could be recommended for appointment although there were two Commission vacancies due to the mandated residency requirements. He further explained that the Commission, after deliberation, had recom- mended that Commissioners be appointed on at at large basis with consideration given to geographic representa- tion in an attempt to insure a full membership of interested and able Commissioners. A brief discussion ensued relative to the request with Councilman Kuefler pointing out the benefit of having geographic distribution on the Commission. He stated that this factor should be given serious consideration when appointments are made but that it is more important to have a full Commission membership made up of interested persons willing to serve. He added that it seems that the Commission has made an honest effort to attract persons from a particular area of the City but with no response. He stated that he, therefore, speaks in favor of amending the Housing Commission enacting resolution. Mayor Cohen stated that it would be beneficial to hold open Commission vacancies in an attempt_ to notify and attract interested citizens. He further stated that it would be worthwhile for all Commissions to attempt to establish a backlog of prospective applicants. Councilman Lhotka commented that he hoped geographic representation would continue on the Housing Commission to as great an extent as possible. -7- 1 -24 -77 Member Tony Kuefler introduced the following resolution RESOLUTION and moved its adoption: NO. 77 -22 RESOLUTION ESTABLISHING A BROOKLYN CENTER HOUSING COMMISSION AND DEFINING DUTIES AND RESPONSIBILITIES THEREFOR 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. Mayor Cohen announced his appointment of Karen Mayoral Appointment Duenow, 6824 Ewing Avenue North, and requested to the Housing Council confirmation. Councilman Fignar stated that Commission Ms. Duenow is a five year resident of Brooklyn Center and is presently employed by Midwest Federal Savings and Loan as an Assistant Vice President and Director of the Midwestern's Club in St. Paul. He further stated that she has exhibited a genuine interest and concern for housing matters and that it is felt that she would be an asset to the Housing Commission. Motion by Councilman Fignar and seconded by Councilman Kuefler to confirm Mayor Cohen's appoint - ment of Karen Duenow to the Housing Commission effective immediately for a term to expire December 31, 1978. Voting in favor: Mayor Cohen, Councilmen Tony Kuefler, Bill Fignar, and Gene Lhotka. Voting against: none, The motion passed unanimously. Mayor Cohen next announced his appointment of Ronald Turner, 2819 Nash Road, to the Housing Commission and requested Council confirmation. Councilman Fignar stated that Mr. Turner is a nine year resident of Brooklyn Center and is a real estate appraiser for the State Department of Revenue. He further stated that he too has exhibited a genuine interest and concern for housing matters and that his expertise would be considered an asset to the Housing Commission. Motion by Councilman Lhotka and seconded by Councilman Kuefler to confirm Mayor Cohen's appoint- ment of Ronald Turner to the Housing Commission effective immediately for a term to expire December 31, 1979. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Mayor Cohen reported that it was anticipated that two Northwest Hennepin persons would be appointed this evening to the Northwest Human Services Hennepin Human Services Advisory Commission. He Advisory Commissaton stated that he was not prepared this evening to make such appointments and expressed his concerns regarding appointments to the Commission. He explained that the Mayor has no formal authority to make such appointments and the he preferred that the Council, if it so desires, adopt a resolution setting forth appointment procedures such as authorizing the Mayor to make such appointments subject to the confirmation of the City Council, conditions for automatic removal from the Commission for consecutive and unexcused absences, and residency considerations. 1- -24 -77 -8- The Mayor then requested the City Manager to explain the duties and responsibilities of the Northwest Hennepin Human Services Council and Advisory Commission. The City Manager proceeded with a lengthy review of the Northwest Hennepin Human Services Council formed by a joint powers agreement between a consortium of municipalities. He explained that it is an outgrowth of an ad hoc committee formed to coordinate the delivery of human services in the represented municipalities. He elaborated on the history and development of the organization and its evolution into its present structure. He explained that the advisory commission is the working body for the Council's board of directors and alternates. A lengthy discussion ensued relative to the appointment procedure for members of the Advisory Commission. Mayor Cohen explained that he did not feel it was proper for him to make appointments to this body unless and until he is authorized to do so by the City Council. Councilman Kuefler stated that it was his opinion that these appointments should be made by the Mayor with Council confirmation as is the case for all present City Advisory Commissions. Further discussion ensued relative to residency requirements for persons appointed to the Advisory Commission, Councilman Kuefler stated that he would prefer that residents of Brooklyn Center be appointed to the Commission but that he would support the appoint - ment of a nonresident provided that person has an interest in human services and has an affiliation with the community. In response to an inquiry by Councilman Fignar the City Manager stated that one of the major tasks that will be undertaken by the Advisory Commission is a complete survey of all social and human services provided in the Northwest Hennepin area in an attempt to identify these services to avoid redundancy and to determine human service needs that are not being provided. Councilman Lhotka stated that he concurs with Councilman Kuefler's opinion that appointments should be made by the Mayor with City Council confirmation and that nonresidents should be considered provided they are affiliated with the community. Mayor Cohen stated that if members of the City Council know of persons they would like to see considered for appointment to the Northwest Hennepin Human Services Advisory Commission, they should inform him within the week. RESOLUTION Member Tony Kuefler introduced the following resolution NO, 77 -23 and moved its adoption: RESOLUTION ESTABLISHING THE PROCEDURES FOR APPOINTMENT TO THE NORTHWEST HENNEPIN HUMAN SERVICES ADVISORY COMMISSION -9- 1 -24 -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, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against" the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager requested that consideration of a resolution defining severance terms for former City Assessor John Nordberg be deferred until the next City Council meeting. The City Manager introduced the next .item of business, Junk Car Ordinance that of a proposed second reading of an ordinance regarding storage of certain cars. He stated that the ordinance was first read on December 20, 1976 and published on December 30, 1976, He briefly reviewed the provisions of the ordinance amendment and stated that it allows appropriately licensed pioneer, classic, and collector vehicles, whether operable or inoperable, to be stored on an owner's private property provided they are screened from public view by a six foot opaque fence. He explained that nonpioneer, classic and collector vehicles that are inoperable must be stored indoors. The City Manager stated that he has met with Mr. Steve Lunacek, who, at the time the ordinance was first read, was concerned about a definition of the term inoperable. He added that he feels an administrative definition can be developed to be utilized by the Police Department in determining when a classic, pioneer, or collector vehicle is considered inoperable. Mayor Cohen opened the meeting for purposes of a public Public Hearing hearing and recognized Mr. Steve Lunacek, 5201 Xerxes Avenue North, who stated that his major concern at the time the ordinance was first considered was with the term inoperable, particularly as it applies to classic, pioneer, or collector vehicles. He further stated that he too felt his concern could be handled administratively. He added that, although the ordinance amendment is not entirely what he would like to see, he can support it in its present form. There being no one else wishing to speak on the ordinance amendment the public hearing was closed. Member Bill F.ignar introduced the following ordinance ORDINANCE and moved its adoption: NO. 77 -3 ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1 . Section 19 -1303 of the City Ordinances is hereby amended to read as follows: PARKING AND STORAGE. With the exception of a propr.iately licensed pioneer, classic, or collector vehicles as defined in Minnesota Statutes Section 168.10 1 -24 -77 -10- no person shall park, keep, place or store, or permit the parking or storage of a junk vehicle on a public street or alley or on any private lands or premises which he owns, occupies, or controls unless the junk vehicle shall be within a building on such premises. Appropriately licensed but inoperable pioneer, classic, or collector vehicles as defined by Minnesota Statutes Section 168.10 may be stored on the owner's property provided that such vehicles are screened from public view by means of a six foot opaque fence. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 24th day of January, 1977. The motion for the adoption of the foregoing ordinance 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 ordinance was declared duly passed and adopted. ORDINANCE Member Tony Kuefler introduced the following ordinance NO. 77 -4 and moved its adoption: ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES RELATIVE TO REZONING CERTAIN PROPERTY FROM R -1 TO C -1 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1 . Section 35 -1170 is hereby amended by the addition of the following: That part of Lot 1 , Block 1 , Library Terrace Addition and of Lot 29, Auditor's Subdivision No. 216 bounded on the west and south by the centerline of Northport Drive; on the east by the centerline of State Highway No. 152; and on the north by a line, e xtending east to west between the centerline of said State Highway and of Northport Drive said line being parallel to and 165 feet southerly of the south property lines of Lots 3 and 4, Block 7, Northport 1 st Addition. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 24th day of January, 1977. The motion for the adoption of the foregoing ordinance 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 ordinance was declared duly passed and adopted. -11- 1 -24 -77 The City Manager introduced the next item of business City Council on the agenda, that of a proposed second reading of an Salaries ordinance amending City Council salaries. He stated that the ordinance was first read on December 20, 1976 and published on January 13, 1977. He explained that City Council salary .increases, by statute, could not take effect until January 1 , 1978, Mayor Cohen commented that the present City Council salary has not been .increased since 1974. The City Manager stated that it has been the City Council's practice to review City Council salaries approximately every three or four years in light of the cost of living index. Mayor Cohen opened the meeting for purposes of a Public Hearing public hearing. No one spoke relating to the ordinance. Mayor Cohen suggested that the City Council continue the second reading and republish the ordinance in an attempt to give citizens an opportunity to speak regard- ing the proposed increase in City Council salaries. Councilman Lhotka concurred with the Mayor's suggestion and Councilman Fignar added that the continuation would permit the full Council to be present at the time action is taken. Motion by Councilman Kuefler and seconded by Action Continuing Councilman Lhotka to continue the second reading and to Second Reading republish an ordinance fixing City Council salaries. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. The City Manager next reported on heating fuel conser- Fuel Conservation vation measures which have been administratively Measures instituted in response to the .impending fuel shortage. He stated that presently consideration is not being given to closing down or reducing the hours of operation for the City Hall. He explained that approximately two weeks prior to the Energy Agency recommendations, efforts were instituted to reduce thermostat settings to 65 for occupied portions of City Hall and to 55 for unoccupied portions of City Hall. He further stated that these measures have also been taken at the Municipal Garage, the Fire Stations, and the Community Center with the exception of the pool area, the exercise rooms and the locker rooms. He explained that it is not feasible to lower the tempera- tures in these areas due to health considerations and added that it is a matter of operating these areas at normal heating conditions or closing them down. He further stated that these efforts have resulted in some noticeable change in the use of heating fuel. Mayor Cohen suggested that the City Council express a formal position regarding energy conservation for City buildings as an example of its support of energy conser- vation measures. Councilman Lhotka added that the City Council should also urge citizens to participate in energy conservation measures. 1-24 -77 -12- Action Directing the Following a brief discussion there was a motion by Preparation of a Councilman Kuefler and seconded by Councilman Fignar Resolution to direct the City Manager to prepare a resolution expressing the City Council's position on energy conservation for City buildings and urge citizens to participate in energy conservation measures. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against; none. The motion passed unanimously. IUOE Strike The City Manager reported that an agreement has been reached between the International Union of Operating Engineers, Local No, 49 and the Metropolitan Area Managers Association regarding the present strike situation. He explained that the strike has been on for nine working days and that nearly all tasks performed by union employees, with the exception of skating rink maintenance, have been handled by nonstriking and supervisory personnel. He briefly reviewed the terms of the agreement and commented that he is convinced that the agreement will be accepted by the vast majority of City Councils represented by the MAMA organization. Councilman Fignar inquired if the agreement has to be approved unanimously by all the City Councils repre- sented by MAMA. The City Manager responded that only approval by a majority is required. Councilman Kuefler inquired as to the difference between this agreement and the last proposal voted down by the union prior to the strike. The City Manager stated that the agreement represents an increase of 3� an hour in wages and $7.50 a month in health insurance benefits over the last offer made to the union prior to the strike. He assured the City Council that a report on direct expenditures of the strike would be forthcoming when the information is available. Further discussion ensued relative to the terms and conditions of the agreement with the City Manager explaining that the agreement is not retroactive to the expiration of the old contract. RESOLUTION Member Gene Lhotka introduced the following resolution NO. 77 -24 and moved its adoption: RESOLUTION APPROVING 1977 -78 COLLECTIVE BARGAINING AGREEMENT WITH LOCAL NO. 49 INTERNATIONAL UNION OF OPERATING ENGINEERS 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. Mayor Cohen commended City personnel for their efforts to continue the various operations affected by the strike. The City Manager added that a great deal can be said for the homogeneity of the various city councils involved. He explained that although many individual -13- 1 -24 -77 councilmen are closely associated with labor and unions, they performed their elected role of employer when faced with the strike situation. The City Manager commented that the management and non -union staff had done an excellent job of plowing streets and providing other basic services and generally had done so willingly and without malice toward striking employees. The City Manager further stated that the Brooklyn Center strikers conducted themselves responsibly during the strike, reflecting the high quality of these employees. Councilman Kuefler commented that he had received no negative reactions from citizens regarding the quality of snowplowing during the strike and added that people he had spoken with commented favorably on the job done. Councilman Kuefler reported that he is in the process of Official Newspaper developing a set of questions that he would like to submit Report to Post Publications regarding their ability to serve as the City's official newspaper. He stated that he would present these questions to the City Council at the next meeting to seek Council approval and authorization. Councilman Lhotka, referring to the list of licenses Fire Inspections presented for Council consideration, inquired if the inspection for rental dwellings includes a fire inspection. The City Manager responded affirmatively and referred to a similar concern expressed by Councilman Lhotka at the January 3, 1977 meeting and stated that since that meeting he has had an opportunity to review and discuss various inspection procedures with responsible disciplines within the City. He explained that it is intended to develop a team type of inspection involving such persons as the Sanitarian, the Building Inspector, and the Fire Inspector so that various types of problems can be spotted by one inspector and reported to the responsible authority. He further stated that this approach is being refined and should be entirely .implemented within the near future. Councilman Lhotka expressed his concern regarding fire inspections for places where people are dwelling and stated that he thought it would be worthwhile for the Council to have fire inspection reports prior to consideration of a. rental dwelling license as a means of leverage to insure fire safety at the time the license is renewed. The City Manager commented that this .information is available, but suggested that this would not necessarily give any more leverage because the staff does not wait for biennial license renewal time to issue complaints and compliance orders or even to take more drastic measures if deficiencies are detected. He suggested that inspection reports are available for review in the administrative offices. Motion by Councilman Kuefler and seconded by Licenses Councilman Fignar to approve the following licenses: CIGARETTE LICENSE Duke's Standard 6501 Humboldt Ave. N. Duke's Standard 6600 Lyndale Ave. N. Ideal Northbrook Drug 6800 Humboldt Ave. N. Servomation 4301 68th Ave. N. Brooklyn Center Post Office 6848 Lee Ave. N. Dayton's 1100 Brookdale Center Donaldson's 1200 Brookdale Center 1 -24 -77 -14- Iten Chevrolet 6701 Brooklyn Blvd. J. C. Penney's 1265 Brookdale Center State Farm Insurance 5930 Shingle Cr. Pkwy. Servomation 4301 68th Ave. N. GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE Cleanway Sanitation, Inc. Box 90 GASOLINE SERVICE STATION LICENSE Duke's Standard 6501 Humboldt Ave. N. Duke's Standard 6600 Lyndale Ave. N. MECHANICAL SYSTEMS LICENSE Marsh Heating & Air Cond. 6663 Cardinal Circle NONPERISHABLE FOOD VENDING MACHINE LICENSE Duke's Standard 6501 Humboldt Ave. N. PERISHABLE FOOD VENDING MACHINE LICENSE Duke's Standard 6501 Humboldt Ave. N. RENTAL DWELLING LICENSE Initial: David Zemke 6811 -13 Noble Ave. N. Renewal: Interim, Inc. Hi Crest Apts. James McDonnell & 6715, 17, 19, 21 Jerome Simons, Jr. Humboldt Ave. N. Elliott Karasov 6737, 6743 Humboldt Ira Sklader 6807, 13, 19 Humboldt Transfer: Warren Samuelson & 4200, 4204 Wayne Rowley Lake Breeze Ave. Dennis Brekke 3601 47th Ave. N. Voting in favor: Mayor Cohen, Councilmen Kuefler, Fignar, and Lhotka. Voting against: none. The motion passed unanimously. Liquor License Fee Councilman Kuefler expressed his concern regarding a reference in the Brooklyn Center Post which a constituent thought seemed to indicate that the City Manager had the authority to set liquor license fees. He clarified that the matter of liquor license fees is a Council policy matter, not an administrative respon- sibility of the City Manager. The City Manager explained that it was not his intention to imply that he sets liquor license fees, nor did he care to be held responsible for press representations to that effect. A brief discussion ensued with the Post reporter that had printed the statement. She explained that the news column item was not intended to imply that the City Manager has the authority to establish liquor license fees. -15- 1 -24 -77 Motion by Councilman Kuefler and seconded by Adjournment 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 11:15 p.m. s Clerk Mayor 1-24-77 -16-