HomeMy WebLinkAbout1977 02-28 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COU NCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
FEBRUARY.28, 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
7:30 p.m.
Roll Call Mayor Cohen, Councilmen Britts, Kuefler, and Lhotka.
Also present were City Manager Donald Poss, Director
of Public Works James Merila , City Attorney Richard
Sch.ieffer, Director of Finance Paul Holmlund, Director
of Planning and Inspection Blair Tremere, and Adminis-
trative Assistant Ronald Warren.
Approval of Minutes Councilman Lhotka reported that there was an error to
2 -7 -77 the copy of Resolution No. 77 -31 that was attached to
the February 7, 1977 minutes. He stated that
Councilman Britts had seconded the motion for the
adoption of the resolution and asked that the resolution
be so corrected.
Motion by Councilman Lhotka and seconded by
Councilman Kuefler to approve the minutes of the
February 7, 1977 City Council meeting as corrected.
Voting in favor: Mayor Cohen, Councilmen Britts,
Kuefler, and Lhotka. Voting against: none. The
motion passed unanimously.
Final Plat The City Manager introduced the first item of business
(Brandvold /Aldrich on the agenda, that of a resolution recommended for
Addition) the purpose of approving the final plat for the
Brandvold /Aldrich Addition. He stated that the C:�ty
Council on December 20, 1976 had approved Planning
Commission Application No. 76061 submitted by Parnell
Olson which was a request for preliminary plat approval.
He further stated that because of the unconventional.
concept presented for adjusting the property line to
accommodate an existing dwelling, the City Council had
directed the preparation of a- resolution documenting the
history of the parcel in question and explaining the
basis for permitting the irregular shaped lot.
The Director of Public Works next reviewed the final
plat with members of the City Council and commented
relative to the basis for permitting the irregular shaped
lot.
RESOLUTION Member Maurice Britts introduced the following
NO. 77 -32 resolution and moved its adoption:
RESOLUTION APPROVING FINAL PLAT FOR BRANDVOLD
ALDRICH ADDITION
The motion for the adoption of the foregoing resolution
was duly seconded by member Tony Kuefler, and upon
vote being taken thereon, the following voted in favor
thereof: Philip Cohen, Maurice Britts, Tony Kuefler,
and Gene Lhotka; and the following voted against the
same: none, whereupon said resolution was declared
duly passed and adopted.
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Member Maurice Britts introduced the following resolution RESOLUTION
and moved its adoption: NO. 77 -33
RESOLUTION SUPPORTING THE 1977 C.E.A.P. BALL
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, Maurice Britts, Tony Kuefler, and
Gene Lhotka; and the following voted against the, same:
none, whereupon said resolution was declared duly passed
and adopted.
Member Gene Lhotka introduced the following resolution RESOLUTION
and moved its adoption: NO. 77 -34
RESOLUTION AUTHORIZING THE PURCHASE OF
FERTILIZER
The motion for the adoption of the foregoing resolution
was duly seconded by member Maurice Britts, and upon
vote being taken thereon, the following voted in favor
thereof: Philip Cohen, Maurice Britts, Tony Kuefler,
and Gene Lhotka; and the following voted against the
same: none, whereupon said resolution was declared
duly passed and adopted.
Member Tony Kuefler introduced the following resolution RESOLUTION
and moved its adoption: NO. 77 -35
RESOLUTION AUTHORIZING THE PURCHASE OF CHAIN
LINK FENCING
The motion for the adoption of the foregoing resolution
was duly seconded by member Gene Lhotka, and upon
vote being taken thereon., the following voted in favor
thereof: Philip Cohen, Maurice Britts, Tony Kuefler,
and Gene Lhotka; and the following voted against the
same: none, whereupon said resolution was declared
duly passed and adopted.
Member Gene Lhotka introduced the following resolution RESOLUTION
moved -
and ved zts adoption; NO. 77 36
RESOLUTION AUTHORIZING THE PURCHASE OF TEN
POCKET TYPE RADIO PAGERS WITH AMPLIFIER
The motion for the adoption of the foregoing resolution
was duly seconded by member Maurice Britts, and upon
vote being taken thereon, the following voted in favor
thereof: Philip Cohen, Maurice Britts, Tony Kuefler,
and Gene Lhotka; and the following voted against the
same: none, whereupon said resolution was declared
duly passed and adopted.
Member Tony Kuefler introduced the following resolution RESOLUTION,
and moved its adoption: NO. 77 -37
RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY
IMPROVEMENT NOTES
2 -28 -77 -2-
The motion for. the adoption of the foregoing resolution
was duly seconded by member Maurice Britts, and upon
vote being taken thereon, the following voted in favor
thereof: Philip Cohen, Maurice Britts, Tony Kuefler,
and Gene Lhotka; and the following voted against the
same: none, whereupon said resolution was declared
duly passed and adopted.
RESOLUTION Member Tony Kuefler introduced the following resolution
NO. 77 -38 and moved its adoption:
RESOLUTION ESTABLISHING TRUNK WATER MAIN
IMPROVEMENT PROJECT NO. 1977-1, SANITARY SEWER
IMPROVEMENT PROJECT NO. 1977 -2, STREET SURFAC-
ING IMPROVEMENT PROJECT NO. 1977 -3, AND CURB
AND GUTTER IMPROVEMENT PROJECT NO. 1977 -4;
AND ORDERING PREPARATION OF PLANS AND
SPECIFICATIONS
The motion for the adoption of the foregoing resolution
was duly seconded by member Gene Lhotka, and upon
vote being taken thereon, the following voted in favor
thereof: Philip Cohen, Maurice Britts, Tony Kuefler,
and Gene Lhotka; and the following voted against the
same: none, whereupon said resolution was declared
duly passed and adopted.
Planning Commission The City Manager introduced the next item of business,
Application Nos. 76041 that of Planning Commission Application Nos. 76041
& 76044 (Meadow and 76044 submitted by Meadow Corporation.
Corporation)
The Director of Planning and Inspection proceeded with
a review of Planning Commission Application Nos.
76041 and 76044 and the Planning Commission action
at its February 17, 1977 meeting. He stated that the
applications consist of amendments to the site and
building plans (Application No. 76041) and amendments
to the preliminary plat (Application No. 76044) for
Phase I of the Fox Run planned residential development
located in the vicinity of 69th and Unity Avenues North.
He explained that the modifications .involve the width
of the proposed main roadway, expanding it from 50
feet to 60 feet, and changes to the front yard setbacks
of the proposed dwelling units from 25 feet to 35 feet.
He further explained that the roadway and front yard
setback alterations would provide for a design
consistent with ordinance standards for dwellings
abutting public streets. He added that this proposal
was made in anticipation of a future dedication of the
roadway as a public street.
A brief discussion ensued relative to the proposed
amendments with the Director of Public Works explain-
ing that the FHA has reviewed this project in terms of
other large developments and has determined that
street maintenance for such a large development may be
more than a Homeowners Association can handle if the
street were to be a private roadway. He commented
that the proposal is that Unity Avenue would be a
public roadway but that the three cul -de -sacs off Unity
Avenue would remain private streets. He pointad out
that the City has not yet accepted the dedication of
the proposed Unity Avenue, and that these amendments
would permit construction to be such that the street
could be accepted as a public roadway at a future date.
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Further discussion ensued relative to assessments for a
public street and `a Homeowners Association's respon-
sibilities for maintaining private roadways.
Following further discussion there was a motion by Action Approving
Councilman Britts and seconded by Councilman Lhotka to Amendment to
approve the amendment to Planning Commission Application Planning Commission
No. 76041 consisting of the site and building plans for Application No. 76041
the Fox Run planned residential development, compre- (Meadow Corporation)
hending the widening of the roadway from 50 feet to 60
feet, and increasing the front yard setback of the dwellings
from 25 feet to 35 feet. Voting in favor: Mayor Cohen,
Councilmen Britts, Kuefler, and Lhotka. Voting against:
none. The motion passed unanimously.
Motion by Councilman Kuefler and seconded by Action Approving
Councilman Britts to approve the amendment to Planning Amendment to
Commission Application No. 76044 consisting of the Planning Commission
preliminary plat for the Fox Run planned residential Application No. 76044
development, comprehending the widening of the road- (Meadow Corporation)
way from 50 feet to 60 feet, and increasing the front
yard setback of the dwellings from 25 feet to 35 feet.
Voting in favor: Mayor Cohen, Councilmen Britts,
Kuefler, and Lhotka. Voting against: none. The
motion passed unanimously.
The City Manager introduced the next item of business Planning Commission
on the agenda, that of Planning Commission Application Application No. 77008
No. 77008 submitted by Dr. Steven Schell. (Dr. Steven Schell)
The Director of Planning and Inspection proceeded with
a review of Planning Commission Application No. 77008
and the Planning Commission action at its February 17,
1977 meeting. He stated that the application consisted
of site and building plans for a proposed dental clinic
at 412 66th Avenue North. He explained that the property
was zoned C -2 and that the parcel had recently been
created through subdivision. He added that the clinic
was approximately 2,200 square feet and that the plan
indicated that there would be adequate parking stalls
to meet the ordinance requirements for the proposed use.
He reviewed a transparency showing the location and
configuration of the property in question.
The Director of Planning and Inspection next reviewed
the site plan with members of the City Council and a brief
discussion ensued relative to a pedestrian walkway and
the berming and various plantings for the proposed site.
Mayor Cohen recognized the applicant, Dr. Steven
Schell, who stated that he had nothing further to add to
the application.
Following a brief discussion there was a motion by Action Approving
Councilman Britts and seconded by Councilman Lhotka to Planning Commission
approve Planning Commission Application No. 77008 Application No. 77008
submitted by Dr. Steven Schell subject to the following (Dr. Steven Schell)
conditions:
1 The building plans are subject to approval by
the Building Official with respect to applicable
codes. `
2 -28 -77 -4-
2. Drainage, grading, berming and utility plans
are subject to approval by the City Engineer.
3. A performance agreement and supporting
financial guarantee (in an amount to be deter-
mined by the City Manager) shall be submitted
to assure completion of approved site improve-
ments.
4. Any rooftop mechanical equipment and outside
trash disposal facilities shall be appropriately
screened from view.
Voting in favor Mayor Cohen, Councilmen Britts,
Kuefler, and Lhotka. Voting against: none. The
motion passed unanimously.
Planning Commission The City Manager introduced the next .item of business,
Application No. 77009 that of Plann.ing Commission Application. No. 77009
(Roger Lange) submitted by Roger Lange.
The Director of Planning and Inspection proceeded with
a review of Planning Commission Application No. 77009
and the Planning Commission action at its February 17,
1977 meeting. He stated that the applicant was seeking
a special use permit to operate a recreational center
in conjunction with a retail sales and display facility
located in an existing building of 4321 68th Avenue
North. He explained that the recreation center would
consist of billiard tables, foosball tables, and elec-
tronic and pinball games. He added that two letters
had been received from adjacent property owners and
that both part.ics had voiced doubt or objection regarding
the proposed use. He next reviewed a transparency
showing the location of the property, pointing out
adjacent and surrounding properties.
Mayor Cohen read a letter from Mr. Hanson of
Servomation that expressed that organization's
opposition to the proposed use. He also read a letter
from Joseph Iten of Iten Chevrolet, expressing
objection to the application for security reasons.
Mayor Cohen then recognized the applicant, Mr. Roger
Lange, who submitted and read a letter for the record
outlining his proposals for managing the operation
which include strict enforcement of loitering, curfew
and smoking laws. He added that he will not hesitate
to seek the assistance of the Police Department, in
solving problems before or as they arise, but does not
expect the Police Department to handle routine discipline
problems at his establishment. He concluded by stating
that he feels he can manage the operation in such a
manner that it will be successful and not a problem to
the community.
Councilman Britts inquired as to the hours of operation
and the items available for retail sales Mr. Lange
responded that the hours of operation would be from
10:00 a.m. to midnight Monday through Friday, and
10:00 a.m. to 1:0rj a.m. on Fridays and Saturdays, and
that he plans to offer billiard tables, foosball tables
and other home recreation items such as ping gong
tables, shuffle boards, and pinball machines for retail
sale.
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Councilman Kuefler inquired as to the average age of
recreational clientele and the types of food and beverages
which will be offered at the establishment. Mr. Lange
responded that the average age range of people using the
recreation facilities would be between 18 and 20 years,
and tl-.( he only plans to have canned soft drinks avail-
able at the site. He added that he is also considering
an absolute no smoking policy.
In response to an inquiry by Councilman Lhotka, Mr.
Lange stated that he had been in a similar business in
Fridley, but, because of the establishment's poor location
and other problems, he decided not to .renew his lease.
He added that some of the neighboring businesses had
complained about some of his younger clientele and also
about various littering problems associated with his
establishment. He further stated that he could have
signed another one year lease for use of the building,
but had decided not to.
Mayor Cohen inquired as to Mr. Lange's present lease
arrangement at proposed new location. Lange
responded that a lease has not yet been signed with the
owner of the building in that they are discussing the
possibility of a five year lease.
Further discussion ensued relative to the proposed special
use with the applicant explaining that originally about
half of his floor space will be utilized for playing tables
and the other half will be used for retail sales. He stated
that he would like in the future to have only a retail
operation, but that he lacks the money at this time to go
with strictly retail sales. He further explained that if the
operation is successful he foresees a day when the play-
ing tables would be phased out and he would have only
retail sales at his establishment.
The City Manager asked Mr. Lange if, in his discussions
with Deputy Chief Lindsay, he had mentioned that he had
a similar operation in Fridley. Lange responded that he
had not. The City Manager pointed out that the City
Council has been very concerned in the past regarding
recreational centers of this type because of the numerous
problems associated with these operations and the lack
of supervision displayed by the management with regard
to their younger clientele. He stated that the City Council
might well want to further .investigate Mr. Lange's Fridley
operation to see if it might have a bearing on the present
application.
Mayor Cohen commented regarding the problems associated
with another recreational facility which had operated in
Brooklyn Center a few years ago. He stated that he is
concerned about the hours of operation proposed by the
applicant and added that it might be appropriate to table
this application to give the staff an opportunity to obtain
further information regarding Mr. Lange's operation in
Fridley.
Further discussion ensued relative to the application with
the Council expressing the need for more information
regarding various aspects of this operation and other
recreational facilities that are located or have been located
in Brooklyn Center.
2 -28 -77 -6-
Public Hearing Mayor Cohen opened the meeting to notified property
owners. It was noted that no one spoke relating to the
application. Mayor Cohen again commented as to the
presence of two letters expressing doubt and objection
to the proposed use.
Action Tabling Following a brief discussion there was a motion by
Planning Commission Councilman Lhotka, seconded by Councilman Kuefler
Application No. 77009 to table Planning Commission Application No. 77009
(Roger Lange) submitted by Roger Lange until March 14, 1977 and to
direct that the following be available for the City
Council's consideration:
1 . Information regarding the applicant's former
recreation facility in Fridley.
2. A summary on the problems associated with the
operation of a recreation facility formerly
located in the Humboldt Square.
3. The written set of operational rules and
regulations prepared by the Humboldt Square
operator pertaining to his recreation facility.
4, Report on the policies and practices of the
Piccadilly Circus recreation facility located
at Brookdale Shopping Center.
5. Proof that a lease arrangement has been arrived
at between the applicant and the owner of the
building at 4321 68th Avenue North.
6. Further comments from Mr. Hanson of
Servomation and Mr. Iten of Iten Chevrolet
relating to their objections to the proposed use.
Voting in favor: Mayor Cohen, Councilmen Britts,
Kuefler, and Lhotka. Voting against: none. The motion
passed unanimously.
Licenses Motion by Councilman Kuefler and seconded by
Councilman Lhotka to approve the following licenses:
BINGO LICENSE
Carin Larson Orchard Lane School
CIGARETTE LICENSE
Acorn Vending 8433 Center Drive
Belt Line Service 5001 Drew Ave. N.
Brookdale Towers Off ice 2 810 Co. Rd. 10
Bonine Vending 125 River Edge Way
Brookdale Towers Office 2810 Co. Rd. 10
CATERING FOOD VEHICLE LICENSE
Wallace R. Benson 5243 Fremont Ave. N.
FOOD ESTABLISHMENT LICENSE
Alano Society 4938 Brooklyn Blvd.
American Bakeries Co. 4215 69th Ave. N.
Bridgeman's Creameries 6201 Brooklyn Blvd.
Brookdale Red Ow'. 5425 Xerxes Ave. N.
Brooklyn Center A & W 6837 Brooklyn Blvd.
Brooklyn Center American
Little League 6942 France Ave. N.
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Brooklyn Center Baptist Church 5840 Humboldt Ave. N.
Brooklyn Center Future Home-
makers of America 6500 Humboldt Ave. N.
Brooklyn Center High School 6500 Humboldt Ave. N.
Brooks Superette 6800 Humboldt Ave. N.
Brothers Bake & Deli 1342 Brookdale Center
Brothers Restaurant 1341 Brookdale Center
Burger King 6110 Brooklyn Blvd.
Cicero's, Inc. Westbrook Mall
Country Club Market 5 715 Morgan Ave. N.
Cross of Glory Church 5940 Ewing Ave. N.
Dayton's, Inc. 1100 Brookdale Center
Duoos Bros. American Legion 4307 70th Ave. N.
Earle Brown Elem. School 5900 Humboldt Ave. N.
Evergreen Park Elem. School 7020 Dupont Ave. N.
Fanny Farmer Candy Shop (2) Brookdale Center
Garden City Elem. School 3501 65th Ave. N.
Happy Dragon Restaurant 5532 Brooklyn Blvd.
Holiday Inn 1501 Freeway Blvd.
Lemon Tree Restaurant 5540 Brooklyn Blvd.
Maid of Scandinavia Westbrook Mall
Marc's Big Boy 5440 Brooklyn Blvd.
Nature Food Center 1328 Brookdale Center
Nino's Steak Round -up 6040 Earle Brown Dr.
Num -Num Catering 3517 Hennepin Ave.
Brookdale Snack Bar Brookdale Center
Olive's East (2) Brookdale Center
J.C. Penney Co. 1265 Brookdale Center
Perkin's Cake & Steak 5915 John Martin Dr.
Plitt Brookdale Theater 2501 Co. Rd. 10
Poppin Fresh Pie Shop 5 601 Xerxes Ave. N.
St. Alphonsu s Church 7025 Hl a lifax Ave. N.
Sears Roebuck and Co. 1297 Brookdale Center
Automatic Venders 231 E. 1st St.
Shopper's City 3680 63rd Ave. N.
Shopper's City (grocery) 3600 63rd 'Ave. N.
George Wood
Shopper's City Bakery 3600 63rd Ave. N. ,
Super America 1901 5 7th Ave. N.
Super Sam's 1267 Brookdale Center
Taco Towne 6219 Brooklyn Blvd.
Totino's Finer Foods 5001 France Ave. N.
Arthur Treacher's Fish & Chips 6100 Brooklyn Blvd.
Willow Lane Elem. School 7020 Perry Ave. N.
F. W. Woolworth, Inc. 1212 Brookdale Center
NONPERISHABLE FOOD VENDING MACHINE LICENSE
A & J, Inc. 7548 Stillwater Way N.
Hiawatha Rubber 1700 67th Ave. N.
Bill's Juice Vending 3900 Beard Ave. N.
Arctic Metal 6530 James Ave. N.
Holiday Inn 1501 Freeway Blvd.
Bill's Vending Service 7317 W. Broadway
Brooklyn Center Shell 6245 Brooklyn Blvd.
Bond Tool and Die Co. 6840 Shingle Ck. Pkwy,
Brookdale Chrysler- Plymouth(2) 6121 Brooklyn Blvd.
Brookdale Covenant Church 5139 Brooklyn Blvd.
Brookdale Mobil 5 710 Xerxes Ave. N.
Brookdale Shell Service 1505 69th Ave. N.
Brooklyn Center High School 6500 Humboldt Ave. N.
Canteen Co. 6300 Penn Ave. S. -
Grey Co. 6820 Shingle Ck. Pkwy.
Northwestern Bell 6540 Shingle Ck. Pkwy.
Carousel Coiffures 6225 Brooklyn Blvd.
Cass Screw Co. 4748 France Ave. N.
2-28-77 -8-
Christy's Auto 5300 Dupont Ave. J.
Coca Cola Bottling 1189 Eagan Ind. Rd.
Arctic Metal 6530 James Ave. N.
Coca Cola Midwest 124 Bank St. S.E.
Bermel Smaby 6500 Brooklyn Blvd.
Brookdale Car Wash 5500 Brooklyn Blvd.
Firestone Store 5445 Xerxes Ave. N.
Garden City Elem. School 3501 65th Ave. N.
Goodyear Tire 5500 Xerxes Ave.. N.
Holiday Inn 1501 Freeway Blvd.
K Mart 5930 Earle Brown Dr.
Sears 1297 Brookdale Center
Cook Paint 4800 N. Lilac Dr.
Country Club Market 5 715 Morgan Ave. N.
H & L Enterprise 11517 Yukon St. N.W.
Whirltronics 3401 48th Ave. N.
Interstate United Corp. 1091 Pierce Butler Rte.
Medtronics 6120 Earle Brown Dr.
Midwest Screw Products 3410 48th Ave. N.
Minnesota Tile Co. 4825 France Ave. N.
Northwest Microfilm, Inc. 6840 Shingle Ck. Pkwy.
Northwest Star Vending 1481 Marshall
Holiday Inn 1501 Freeway Blvd.
Plitt Brookdale Theater 2501 Co. Rd. 10
Precision, Inc. 3415 48t13 Ave. N.
Shopper's City 3600 63rd Ave. N.
Wes' Standard 6044 Brooklyn Blvd.
PERISHABLE VENDING MAC LICENSE
A & J, Inc. 7548 Stillwater Way No.
Hiawatha Rubber 1700 67th Ave. N.
Canteen Co. 6400 Penn Ave. S.
Grey Co. 6820 Shingle Ck. Pkwy.
N.W. Bell 6540 Shingle Ck. Pkwy.
H & L Enterprise 11517 Yukon St. N.W.
Whirltronics 3401 48th Ave. N.
Interstate United Corp. 1091 Pierce Butler Rte.
Medtronics 6120 Earle Brown Dr.
Moore Way Co. 1101 W. 79th St.
Arctic Metals 6530 James Ave. N.
Plitt Brookdale Theater 2501 Co. Rd. 10
SPECIAL FOOD HANDLING LICEN
Brooklyn Center Liquor
Store #1 6800 Humboldt Ave. N.
Brooklyn Center Liquor
Store #2 6250 Brooklyn Blvd.
Brooklyn Center Liquor
Store #3 Northbrook Center
RENTAL DWELLING LICENSE
Initial:
Rafael Rocha 5324 -5326 James Ave. N.
Alfred & Myrtle Herlitz 5513 Judy Ln.
J. G. Strand 5327 -5329 Penn Ave. N.
Gordon Larson &
Michael A. Spencer 5338 -5340 Queen Ave. N.
Lewis & Vivian Hedlund 5316 -5320 Russell Ave. N.
Raymond & Arlene Breffle 5324 -5328 Russell Ave. N.
Robert Nechal 5332 -5336 Russell Ave. N.
Fred & Judy Swenson 5340 -5344 Russell Ave. N.
John Christofferson 4748 -4752 Twin Lake Ave.
Renewal:
Metram Properties Co. Columbus Village Apts.
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i
Vern E. Linder Evergreen Park Manor
Harold Swanson 7230 & 7250 W. River Rd.
Transfer:
Douglas & Kathy Lura 5500 Bryant Ave. N.
Kenneth E. Patterson 3614 -3616 50th Ave. N.
Voting in favor: Mayor Cohen, Councilmen Britts,
Kuefler, and Lhotka. Voting against: none. The motion
passed unanimously.
The Brooklyn Center City Council recessed at 9:08 p.m. Recess
and resumed at 9:43 p.m.
Mayor Cohen announced that he had received a letter of Advisory Commission
resignation from Kathleen Miller as a member of the Resignation
Human Rights Commission. He explained that Ms. Miller
was unable to continue with her appointed term due to a
very busy and conflicting schedule. He added that Ms.
Miller hoped that at some future date she might again be
able to serve on the Commission.
Motion by Councilman Kuefler and seconded by
Councilman Lhotka to accept the resignation of Kathleen
Miller as ,a member of the Human Rights Commission
effective immediately, and to direct the City Manager
to prepare a resolution of commendation. Voting in favor:
Mayor Cohen, Councilmen Britts, Kuefler, and Lhotka.
Voting against: none. The motion passed unanimously.
Mayor Cohen announced his appointment of Dr. Duane Orn Mayoral Appointment
to the Northwest Hennepin Human Services Advisory to the Northwest
Commission and requested Council confirmation. He Hennepin Human
stated that Dr. Orn has been a member of the business Services Advisory
and professional community of Brooklyn Center for the Commission
past 15 years and has served as President of the Brooklyn
Center Chamber of Commerce and has been active with a
number of community based committees varying from
health care to community development. He stated that
although Dr. Orn is not a resident of Brooklyn Center his
understanding of the medical and social needs of
Brooklyn Center will bring a strong advocate of the needs
of this City to the Advisory Commission. He added that
Dr. Orn would also provide a voice of the medical
profession that is apparently not now on the Advisory
Commission.
Motion by Councilman Kuefler and seconded by
Councilman Lhotka to '
confirm Mavoc Cohen 's a
_ pp ointment
of Dr. Duane Orn to the Northwest Hennepin Human
Services Advisory Commission effective immediately for
a term to expire December 31, 1978. Voting .in favor:
Mayor Cohen, Councilmen Britts, Kuefler, and Lhotka.
Voting against: none. The motion passed unanimously.
Mayor Cohen reported that there is still one appointment
yet to be made to this Commission and that he intends to
fill it with a Brooklyn Center resident. He explained
that he has a number of applications on file and that he
will be prepared in the near future to make this appoint-
ment following communication with the applicants.
2 -28 -77 -10-
911 Financing Plan The City Manager introduced the next item of business,
that of consideration of a resolution recommended for
the purpose of expressing support of a proposal that
the State of Minnesota finance the impending 911
emergency telephone network. He stated that the
planning of a 911 emergency telephone system for the
entire seven - county metropolitan area has recently
been completed and that a Metropolitan Inter- county
Ad Hoc Committee on 911 financing has prepared a
proposal for financing the 911 telephone system on a
state -wide basis.
He briefly reviewed various aspects of the emergency
telephone system and explained that the financing plan
includes the expectation that capital costs will be
financed through LEAA or State grants He further
explained that the operational costs must be funded in
another manner and that the Metropolitan Inter - county
Ad Hoc Committee on 911 financing has proposed that
the telephone company gross earnings tax be used as a
source of revenue for financing the recurring costs of
a state -wide system.
The City Manager then briefly reviewed various
alternative funding proposals that had been reviewed
x h r
by the Ad Hoc Committee and explained that the gross
earnings tax was considered the best alternative for
funding the system. He added that a bill will be
introduced at the State Legislature containing this
proposal and that the effect of the recommended
resolution would be to show Council support for this
method of funding.
A lengthy discussion ensued relative to the 911
financing plan and the success of the 911 emergency
telephone system in other parts of the country. The
City Manager explained that the initial or capital costs
are related to the installation of equipment such as
terminal equipment, display boards, and trunk systems
while the recurring costs are related to the continuing
use charges of the system. He stated that it is
estimated these operational costs for Brooklyn Center
will amount to approximately $50 a month.
Councilman Britts inquired as to a backup system for
possible computer failure and also if consideration has
been given to possible invasion of privacy lawsuits
associated with the 911 telephone system. The City
Manager responded that there is a backup system in
case of mechanical error and that the use of the system,
which can lock on to an individual's address or
telephone number, has been deemed to be legal. He
added that federal authorities claim that the 911 system
is not considered to be contrary to federal privacy laws
and that the State of Minnesota does not feel the use
of the system would violate the State's privacy act.
RESOLUTION Member Tony Kuefler introduced the following resolution
NO. 77 -39 and moved its adoption:
RESOLUTION ENDORSING FINANCING PLAN FOR 911
EMERGENCY TELEPHONE SYSTEM
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The motion for the adoption of the foregoing resolution
was duly seconded by member Gene Lhotka, and upon
vote being taken thereon, the following voted in favor
thereof: Philip Cohen, Maurice Britts, Tony Kuefler,
and Gene Lhotka; and the following voted against the
same: none, whereupon said resolution was declared
duly passed and adopted.
Member Gene Lhotka introduced the following resolution RESOLUTION
and moved its adoption: NO. 77 -40
RESOLUTION TO AUTHORIZE THE CLOSING OF THE
PARKS CONCESSION FUND
The motion for the adoption of the foregoing resolution
was duly seconded by member Maurice Britts, and upon
vote being taken thereon, the following voted in favor
thereof: Philip Cohen, Maurice Britts, Tony Kuefler,
and Gene Lhotka; and the following voted against the
same: none, whereupon said resolution was declared
duly passed and adopted.
Member Tony Kuefler introduced the following resolution RESOLUTION
and moved its adoption: NO. 77 -41
RESOLUTION ACCEPTING BID FOR TWO (2) 72"
ROTARY LAWN MOWERS
The motion for the adoption of the foregoing resolution
was duly seconded by member Gene Lhotka, and upon
vote being taken thereon, the following voted in favor
thereof: Philip Cohen, Maurice Britts, Tony Kuefler,
and Gene Lhotka; and the following voted against the
same: none, whereupon said resolution was declared
duly passed and adopted. .
The City Manager introduced the next item of business, Single Family
that of an ordinance recommended for the purpose of Attached Dwellings
amending Chapters 15 and 35. He stated that the: in R -3 District
proposed amendment to Chapter 15 is basically a
"housekeeping" amendment and does not alter the
substance of the sections but does assure compatibility
with the other zoning ordinance amendment. He further
stated that the amendment to Chapter 35 would create a
new category known as condominiumized single family
attached dwellings in an R -3 district. He explained
that the proposed ordinance had been reviewed and
recommended by the Planning Commission at its
February 17, 1977 meeting. He further explained that
the proposed ordinance amendments are expected to
provide more flexibility in terms of planned residential
developments with little or no adverse ramifications
The Director of Planning and Inspection proceeded with
a review of the proposed ordinance amendments and the
Planning Commission action at its February 17, 1977
meeting. He stated that the ordinance amendments affect
planned residential developments in the R -3 area,
explaining that the zoning ordinance presently permits
townhouse /garden apartment dwellings in the R -3 district
and that these dwellings must contain three or more
attached separate dwelling units. He explained that one
of the effects of the ordinance would be to permit two or
more condominiumized single family attached dwelling
units rather than the minimum three now permitted. He
commented that the ordinance proposal affects only
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condominium type dwellings, which are a function of
ownership, while rental townhouses and garden apart-
ments would not be affected and would be required to
have three or more attached dwelling units in the R -3
district.
The Director of Planning and Inspection added that the
amendment would also provide for a greater mix of
dwelling modes in planned residential developments.
Councilman Britts left the table at 10:27 p.m. and
returned to the table at 10:34 p.m.
A lengthy discussion ensued relative to the proposed
ordinance amendments with the Director of Planning
and Inspection further explaining the difference
between .individually platted condominium dwellings
and rental complexes that are generally not individually
platted.
ORDINANCE Motion by Councilman Kuefler and seconded by
First Reading Councilman Lhotka to offer for first reading an ordinance
amending Chapter 15 and Chapter 35 of the City
Ordinances relative to condominium single family
attached dwelling units. Voting in favor: Mayor
Cohen, Councilmen Britts, Kuefler, and Lhotka. Voting
against: none. The motion passed unanimously.
Suburban Public The City Manager introduced the next item of business,
Health Nursing that of a report on funding the Suburban Public Health
Service Nursing Service and recommended service-: level
alternatives. He stated that Brooklyn Center subscribes
to the Suburban Public Health Nursing Service of
Hennepin County and has budgeted W per capita or
approximately $24,000 in 1977 to receive these
services. He further stated that the Suburban Public
Health Nursing Service has been affected by the recent
Community Health Services Act, which created a
Hennepin County Board of Health, and by actual or
threatened withdrawal of a number of participating
municipalities for a variety of reasons. He explained
that the Community Health Services Act contains a
complicated formula for allocating state subsidy funds
by Hennepin County on behalf of various municipalities
to provide a basic package of nursing services. He
stated that the subsidy is approximately 40� per capita
and is intended to provide: home nursing care visits
to those persons with a diagnosed illness, home health
aid visits, child health clinics, immunization clinics,
and home health promotion visits to children enrolled
in the child health clinics and maternity patients.-
The City Manager reported that the proposal also
provides that a municipality may purchase additional
health promotion services for all age groups at a cost
of 28� per capita, He explained that the basic nursing
services and the health promotion services, at a cost
of 68fi per capita, are the services that the City Council
had budgeted for in 1977. He further reported that the
Suburban Public Health Nursing Service has proposed,
for communities already having budgeted a 68� per
capita expenditure, that the additional 40� per capita,
resulting from the state subsidy be utilized for a variety
of new health services such as senior citizen screening
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clinics, home care and clinic support services, school
health programs, and homemaker services.
The City Manager commented that the Suburban Public
Health Nursing Service has for sometime not been able to
give an accurate account of the cost effectiveness of the
services they provide. He stated that this fact has long
annoyed some city councils and city managers that sub -
scribe to this service, and attempts have been made to
urge the Suburban Public Health Nursing Service to develop
the necessary record keeping so that the cost effective-
ness of their services can be evaluated. He further
stated, that for this reason, it is being recommended by
a number of subscribing communities that the 40� per
capita subsidy not be provided the Suburban Public Health
Nursing Service to embark on new nursing service programs
until they can justify the cost effectiveness of their
present services.
Councilman Kuefler inquired as to the organization that
will be attempting to survey the number and types of
social services that are being provided in suburban
Hennepin County. The City Manager responded that the
Northwest Hennepin Human Services Council intends this
project to be one of its major undertakings this year. He
stated that the survey is attempting to review various
social services to determine where there are redundancies
and where there are needs for new or more services. He
added that the Suburban Public Health Nursing Service
would be included in this survey.
A lengthy discussion ensued relative to the Community
Health Service subsidy, the Suburban Public Health Nursing
Service proposed level of services, and the City Manager's
recommendation. Mayor Cohen commented that the
recommendation is basically to continue with the basic
nursing services and the health promotion services, which
are currently provided at approximately 68� per capita.
Following further discussion there was a motion by
Councilman Kuefler and seconded by Mayor Cohen to
purchase the basic nursing services and health promotion
services for all ages, excluding at this time consideration
of any new Suburban Public Health Nursing Service programs.
Following the motion and the second thereof a discussion
ensued. Councilman Britts stated reservations that there
are a number of unknowns relating to the services and
inquired as to who receives these services. The City
Manager responded that much of this data is unknown and
that this, in effect, is what is being asked of the
Suburban Public Health Nursing Service prior to consideration
of a number of new programs and services.
Councilman Britts suggested that it may be beneficial to
have the budget allocation of 68� per capita continue and
also allocate the 40� per capita subsidy to the Suburban
Public Health Nursing Service for new programs because
it would not cost the City additional funds and new services
would be provided.
2 -28 -77 -14-
i
Mayor Cohen then read a copy of a resolution he had
drafted that referred to the Community Health Services
subsidy, the Suburban Public Health Nursing Service
proposal, and the City's purchase of basic nursing
services and health promotion services, and requested
that the resolution be the substance of the motion.
Councilman Kuefler agreed to Mayor Cohen's request.
RESOLUTION Member Tony Kuefler introduced the following resolution
NO. 77 -42 and moved its adoption:
RESOLUTION REDEFINING THE LEVEL OF FUNDING FOR
THE SUBURBAN PUBLIC HEALTH NURSING SERVICE
The motion for the adoption of the foregoing resolution
was duly seconded by member Philip Cohen, and upon
vote being taken thereon, the following voted in favor
thereof: Philip Cohen, Maurice Britts, Tony Kuefler,
and Gene Lhotka; and the following voted against the
same: none, whereupon said resolution was declared
duly passed and adopted.
Dutch Elm Disease The City Manager introduced the next item of business,
Legislation that of discussion on current Dutch Elm disease
legislation that has been introduced during this session
of the Legislature. He stated that Senator Bill Luther
had been invited to this evening's meeting but was
unable to attend.
Regarding Dutch Elm disease legislation, the City
Manager referred to a current newspaper article which
reported that $6 million for reforestation had been
eliminated from a Dutch Elm Disease Bill introduced
by Senator Skip Humphrey.
Councilman Lhotka stated that he had spoke to Senator
Luther who had informed him that the reforestation
provision would be reintroduced. He added that the
Dutch Elm Disease Bill calls for matching funds that
would qualify for a special levy and would be effective
from the first of the year.
A brief discussion ensued relative to the legislation.
Mayor Cohen suggested that Dutch Elm disease legis-
lation be an agenda item for the March 13 meeting and
that Senator Skip Humphrey as well as Senator Bill
Luther be invited to that meeting to review the status
of Dutch Elm disease legislation at the State level.
Adjournment Motion by Councilman Lhotka and seconded by
Councilman Kuefler to adjourn the meeting. Voting in
favor: Mayor Cohen, Councilmen Britts, Kuefler, and
Lhotka. Voting against: none. The motion passed
unanimously. The Brooklyn Center City Council
adjourned at 11 :25 p.m.
Clerk Mayor
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