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HomeMy WebLinkAbout1976 12-20 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 20, 1976 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, Fignar, and Jensen. Also present were Councilman -elect Gene Lhotka, City Manager Donald Poss, Director of Public Works James Merila, City Attorney Richard Schieffer, Director of Finance Paul Holmlund, and Administrative Assistant Ronald Warren. Invocation The invocation was offered by Pastor Levang of the Brookdale Assembly of God Church. Approval of Minutes Motion by Councilman Fignar and seconded by 11 -22 -76 Councilman Jensen to approve the minutes of the November 22, 1976 City Council meeting as submitted. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none The motion passed unanimously. Approval of Minutes Motion by Councilman Kuefler and seconded by 12 -6 -76 Councilman Britts to approve the minutes of the December 6, 1976 City Council meeting as submitted. Voting in favor: Mayor Cohen, Councilmen- Britts, Kuefler, and Fignar. Voting against: none. The motion passed. Councilman Jensen abstained as he was absent from a large portion of that meeting Final R.L.S. Approval Motion by Councilmen Jensen and seconded by (Watkins Lumber Co.) Councilman Fignar to approve the final Registered Land Survey submitted by Watkins Lumber Company involving property in the vicinity of 66th Avenue North and Trunk Highway #169 as comprehended by Planning Commission Application No. 76063. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Final R.L.S. Approval Motion by Councilman Kuefler and seconded by (B.C•I.P.) Councilman Jensen to approve the final Registered Land Survey submitted by Brooklyn Center Industrial Park, Inca involving a ten acre parcel located on the west side of Shingle Creek Parkway in the 5900 block as compre- hended by Planning Commission Application No. 76059. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Performance Bond Motion by Councilman Kuefler and seconded by Reduction (Group Councilman Fignar to authorize reduction of a site Health Clinic Site) performance bond submitted by H. J. Westin Company on behalf of the Group Health Clinic located at 6845 Lee Avenue North from $69,000 to $10,000 on the basis of performance obligations which have been satisfied. Voting in favor: Mayor Cohen, Councilmen. Kuefler, Fignar, and Jensen. Voting against: none. The motion passed. Councilman Britts abstained to avoid any -1- 12 -20 -76 inference or appearance of a conflict on interest as his wife is employed by Group Health. - Motion by Councilman Britts and seconded by Councilman Performance Bond Jensen to authorize release of a $15,000 site performance Release (Evergreen bond submitted by Poitra Builders on behalf of Evergreen Park Apartments) Park Apartments located at 7200 Camden Avenue North on the basis that all performance obligations have been satisfied. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Motion by Councilman Fignar and seconded by Councilman Performance Bond Kuefler to authorize reduction of a site performance bond Reduction (Dietrich's submitted for the Dietrich Company on behalf of the Creek Creek Villa) Villa Development from $15,000 to $9,000 on the basis of performance obligations which have been satisfied. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. The City Manager introduced the next item of business, Donation of Property that of consideration of a donation of river front property on the east side of Lyndale Avenue across from 5309 Lyndale Avenue North and a recommended resolution acknowledging this donation. He stated that Miss Helen K. Kusch and her brother Mr. Michael Tabaka have made a gift of the property to the City of Brooklyn Center for open space purposes. The City Manager explained that the property is not without some liabilities, pointing out that there is one known diseased elm tree on the property and that there is the likelihood of another such diseased elm tree that would be the City's responsibility to dispose of. He stated that on the other hand, the property is free and clear in terms of property tax liabilities. He further stated that the property is being donated with the under- standing that it would be used for open space purposes to provide a scenic viewing area of the Mississippi River. The Director of Public Works reviewed slides showing the size and location of the property and its relation to Lyndale 'Avenue North. A brief discussion ensued with Councilman Britts inquiring as to what the City could do with the property The City Manager responded that the property is subject to regulations associated with the recent designation of the Mississippi River corridor as a critical area and that these regulations are quite prohibitive. He explained that the property would be left in its present natural state and be utilized to offer a scenic view of the river at that site. Mayor Cohen suggested that Miss Kusch and Mr. Tabaka be given City Council recognition by presenting a formal copy of the resolution acknowledging this donation either at a subsequent meeting or by personally delivering the resolution. Member Bill Fignar introduced the following resolution RESOLUTION and moved its adoption: NO. 76 -174 RESOLUTION ACKNOWLEDGING GIFT 12 -20 -76 -2- 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, Bill Fignar, and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly) passed and adopted. RESOLUTION Member Robert Jensen introduced the following resolution NO. 76 -175 and moved its adoption: RESOLUTION ORDERING THE RAZING AND REMOVAL OF THE HAZARDOUS BUILDING LOCATED ON TRACT B, REGISTERED LAND SURVEY NO. 1382, ACCORDING TO THE FILES 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 Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. - Electric Franchise The City Manager introduced the next item of business, that of a proposed second reading of an ordinance granting a twenty year electric franchise to Northern States Power Company. He stated that the ordinance is the product of much negotiation relating to its terms and conditions He reviewed Section 10.03 of the City Charter relating to the granting and renewing of franchises. He briefly commented as to the provisions of the ordinance and stated that the ordinance was first read on November 22, 1976 and published on December 2, 1976. Councilman Jensen inquired of the City Manager if there had been any public response to the electric franchise ordinance. The City Manager responded that he had received no response, neither positive nor negative, to the ordinance. Public Hearing Mayor Cohen opened the meeting for purposes of a public hearing relative to granting of a twenty year electric franchise to Northern States Power Company. No one spoke relating to the ordinance. Mayor Cohen then recognized a representative of Northern States Power Company, who stated that he had no comments relating to the electric franchise ordinance. ORDINANCE Member Bill Fignar introduced the following ordinance NO. 76 -18 and further moved its adoption, provided, however, that for the purposes of the minutes of the proceedings of the City Council the text of the ordinance shall be attached to the minutes and be a part thereof: AN ORDINANCE GRANTING FRANCHISE RIGHTS AND PERMISSION TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, TO CONSTRUCT, OPERATE, REPAIR, AND MAINTAIN IN THE CITY OF BROOKLYN CENTER, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES -3- 12 -20 -76 Motion for the adoption of the foregoing ordinance was duly seconded by member Robert Jensen, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Bill Fignar, and Robert Jensen; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Councilman Kuefler abstained to avoid any inference or appearance of a conflict of interest as he is employed by Northern States Power Company. The City Manager introduced the next item of business Planning Commission on the agenda, that of Planning Commission Application Application No. 76061 No. 76061 submitted by Parnell Olson, 810 - 61st (Parnell Olson) Avenue North. The Director of Public Works proceeded with a review of Planning. Commission Application No. 76061 and the Planning Commission action at its December 2 and December 16, 1976 meetings. He stated that the applicant had originally submitted an application to seek a variance from Chapter 15 and Chapter 35 of the City Ordinances to permit a subdivision by metes and bounds description to create a lot in the R -I district of less than minimum ordinance width and area standards. He ex- plained that the applicant owned a parcel of land at the northwest corner of 61 st and Aldrich Avenues which originally consisted of two platted lots, and that the two lots had been combined into a single parcel in 1974. He commented that both lots had originally been 78 feet wide, but that the proposed interior lot would only be 67 feet wide due to an addition to the applicant's house which encroached onto the other parcel by six feet. He explained that the proposed subdivision would create a new lot which would be eleven feet narrower than originally platted, and eight feet narrower than the 75 foot minimum ordinance requirement. The Director of Public Works reviewed the concerns of the Planning Commission and explained that they had tabled the application on December 2, 1976 to allow the staff the opportunity to work with the applicant to determine whether a` buildable lot within the ordinance standards could be created through platting rather than through variance action. He explained that a drawing was presented to the Planning Commission at its December 16, 1976 meeting which represented a possible replatting resulting in a new interior lot consistent with subdivision ordinance standards in all respects. He stated that the design of the lot was untypical due to an indentation on the south side which accommodated the minimum setback distance from the applicant's home. He further explained that the lot was of such dimensions that it could be built on without the need fora variance. He concluded his review by stating that the application, in effect, was consideration of a preliminary plat to achieve the lot as proposed in the drawings. The Director of Public Works next reviewed a transparency showing the location and configuration of the property in question, and reviewed the preliminary plat with the City Council He commented that the resulting lots are unusual but not prohibited by the subdivision ordinance. A brief discussion ensued relative to the future effects of approval of this application and the possibility of an undesirable 12 -20 -76 -4- precedent. Councilman Jensen was of the opinion that the Council, if it is inclined to approve this application, should do so by a resolution that formally acknowledges the situation and history of the property in question. Mayor Cohen recognized the applicant, Mr. Parnell Olson, who stated that he had nothing further to add to the application. Public Hearing Mayor Cohen opened the meeting to notified property owners. No one spoke relating to the application. Further discussion ensued relative to a formal resolution relating to the application. The City Manager stated that this application involves preliminary plat approval and that a final plat must also be approved by the City Council. He recommended that if the Council desires a formal resolution that direction should be given to draft a resolution documenting the history of the property and the rationale permitting the irregular lot for consideration at the time the final plat is submitted. Action Approving Following further discussion there was a motion by Planning Commission Councilman Jensen, seconded by Councilman Britts to Application No. 76061 approve Planning Commission Application No. 76061 and Directing the as a request for preliminary plat approval based on the Preparation of a concept presented, consisting of a 75 foot wide interior Resolution (Parnell lot with appropriate adjustments in the south side lot Olson) line to accommodate the existing dwelling; and to direct the City Manager to prepare a resolution documenting the history of the parcels in question and explaining the basis for permitting the irregular shaped lots. The preliminary plat approval is subject to the following conditions 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 Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Planning Commission The City Manager introduced the next item of business, Application Nos. 76062 that of Planning Commission Application Nos. 76062 & 76066 (Federal and 76066 submitted by Federal Lumber, 4810 Lilac Lumber for President Drive North, for President Homes, Inc. Homes, Inc.) The Director of Public Works proceeded with a review of Planning Commission Application Nos, 76062 and 76066 and the Planning Commission action at its December 16, 1976 meeting. He stated that Application No. 76062 consisted of site and building plan approval for a proposed addition to the structure occupied by President Homes, Inc. He stated that Application No. 76066 was a request fora special use permit to allow accessory off site parking as provided by the zoning ordinance. He explained that the applicant proposes an addition to the President Homes' structure which had originally been erected as a model display home. He further explained that over the years the use of the structure had evolved into one of administrative offices for President Homes and that they now desire additional -5- 12 -20 -76 space for the model display purposes as well as for their administrative offices. He stated that the total floor area of the structure would exceed 2,000 square feet and, therefore, would require installation of an automatic fire extinguishing system as per City ordinance. He briefly noted the neighborhood parking problem which involves a highly congested and improper parking situation with parking on unpaved areas, parking on neighboring property and parking on public boulevard and right -of -way by employees and customers. He stated that despite the available land area on the Federal Lumber Company site, there was parking in unauthorized areas due mainly to the lack of designated spaces. The Director of Public Works next reviewed a transparency showing the location and configuration of the properties in question and various slides that show the present conditions of the property, The City Manager pointed out that the parking problem at the site is not a question of unavailable land and that it is recommended that there be a contractual agreement for joint or accessory parking. The Director of Public Works next reviewed the site and building plans with the City Council and a brief discussion ensued. Mayor Cohen recognized Mr. Rosenbaum of Federal Lumber, who stated that he had nothing further to add to Application No. 76062. The Director of Public Works then proceeded to further: review Planning Commission Application No. 76066 regarding a request for a special use permit to allow accessory off site parking. He stated that if the accessory parking should become unavailable or inadeauate in the future, there is a need for an assurance that adequate on site, off street parking would be provided by Federal Lumber on their property. He further stated it is recommended that a written agreement between the applicant and the City be drawn up to substantiate' the awareness of City requirements as to off street parking and the responsibility of the applicant for providing that parking. Mayor Cohen again recognized Mr. Rosenbaum of Federal Lumber who stated that he had nothing further to add to Application No. 76066. Mayor Cohen opened the meeting to notified property Public Hearing owners relating to Application No. 76066. It was noted that no one spoke relating to this application. Following a brief discussion there was a motion by Action Councilman Kuefler and seconded by Councilman Fignar Planning Commission to approve Planning Commission Application No. 76062 Application No. 76062 submitted by Federal Lumber Company for President (Federal Lumber) Homes subject to the following conditions: 1 . Building plans are subject to approval by the Building Official with respect to applicable codes and ordinance requirements, including the provisions of Chapter 5 relative to automatic fire extinguishing systems. 12 -20 -76 -6- 2. Appropriate measures, such as directional signs and striping, approved by the City, shall be Implemented to designate adequate off street parking for employees and customers. 3. Unpaved boulevard and yard area damaged by unauthorized parking and driving shall be rejuvenated through; seeding or sodding as approved by the City Engineer. 4. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted, prior to issuance of permits, to assure completion of required site improvements which may include those indicated on plans approved under Application No. 76066. S. The applicant, prior to issuance of permits, shall enter into a written agreement with the City to provide adequate on site, off street parking, notwithstanding the possible installation of approved accessory parking, and the responsi- bility to install such parking as needed. Voting in favor: Mayor Cohen, Councilmen Fritts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Action Approving Following a brief discussion there was a motion by Planning Commission Councilman Jensen and seconded by Councilman Fignar Application No. 76066 to approve Planning Commission Application No. 76066 (Federal Lumber) submitted by Federal Lumber for President Homes, subject to the following conditions: 1. Grading, drainage, and paving plans are subject to review by the City Engineer. 2. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements. 3. Parking for Federal Lumber Company and for President Homes, Inc, shall be reviewed periodically to determine whether adjustments are needed as to the number of off site accessory spaces or as to the installation of on site spaces on the applicant's property. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Planning Commission The City Manager introduced the next item of business, Application No. 76067 that of Planning Commission Application No. 76067 (Car -X Service Systems) submitted by Car -X- Service Systems. The Director of Public Works proceeded with a review of Planning Commission Application No. 76067 and the Planning Commission action at its December 16, 1976 meeting. He stated that the applicant was seeking a special use permit, site and building plan approval, for an automotive service facility at 6810 Brooklyn Boulevard. -7- 12 -20 -76 He explained that the site is presently occupied by Tire City, which last year received a special use permit and plan approval for the operation and upgrading of an existing service station, and that +while a performance agreement and bond were submitted, no improvements have been undertaken. He further stated that the applicant is purchasing the property which consists of two tracts, and proposes to clear it of the existing building and to redevelop it with the service facility specializing in replacement equipment such as mufflers and shock absorbers. He explained that the proposed building has approximately 3,200 square feet and has four service stalls, He next reviewed a transparency and slides showing the location, configuration and present condition of the property in question. A brief discussion ensued relative to traffic congestion on Brooklyn Boulevard in the vicinity of the site. In response to an inquiry by Councilman Kuefler, the Director of Public Works stated he did not know the actual accident frequency rate in this area, but that it has increased within the past few years. He further stated that presently the traffic volume in this area was over 35,000 vehicles per day. He explained that at some point in time the Highway Department might construct a traffic median in the area provided the traffic figures meet Highway Department requirements. Mayor Cohen was of the opinion that the present traffic' conditions warrant some type of traffic control device, such as a- median, to eliminate congestion in the area. He commented further that he hoped the staff would convey the Council's concern to the Highway Department regarding the need for traffic control devices before the statistics and number of accidents finally dictate their construction, The Director of Public Works next reviewed the site and building plans submitted by -Car -X Service Systems. Councilman Fignar requested clarification regarding the stipulation that special use permits are not transferable. The City Manager responded that special use permits are issued to the applicant as operator of the facility and cannot be transferred to a new operator or owner without City Council consideration. Mayor Cohen recognized Mr. Robert Gildo, attorney for Car -X Service Systems, and Mr. Peter Racchini, an architect retained by the applicant. Mr. Gildo stated that Car -X Service Systems has done traffic studies relative to its other operations in the Twin City area which indicate that the business generates only about 25 cars per day. He explained that normal working hours are 8;00 a.m. to 5;00 p.m. and that occasionally they are open until noon on Saturdays Mayor Cohen opened the meeting to notified property Public Hearing owners. It was noted that no one spoke relating to the application. Following further discussion there was a motion by Action Approving Councilman Britts and seconded by Councilman Fignar Planning Commission to approve Planning Commission Application No." 76067 Application No.. 76067 submitted by Car -X Service Systems, Inc. subject to . (Car -X Service Systems) the following conditions; 12 -20 -76 -g- I . A special use permit is issued to the applicant as operator of the facility and is not transferable. 2. The permit shall be subject to all applicable ordinances, codes, and regulations and violation thereof shall be grounds for revocation. 3. Building plans are subject to review by the Building Official with respect to applicable codes. 4. Grading, drainage, utility and berming plans are subject to review by the City Engineer., 5. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of approved site improvements. 6. Installation of approved permanent concrete curb and gutter along the south edge of the parking and driving area as indicated on approved plans, may be deferred for up to two years pending future development, provided: a. Notwithstanding the following conditions, the City may require installation of permanent curbing at an earlier time as may be deemed necessary. b. During the interim temporary bituminous rolled curbing will be installed along the south edge of the approved pavement. c. If during this period, the adjacent area should develop with a plan that would not require the curb, and the City Council approves that plan, the City would waive the curb require- ment in that area. 7. All outside trash and parts disposal shall be screened from view. 8. The property shall be combined through plat or registered land survey prior to occupancy. Voting in favor: Mayor Cohen, Councilmen Britts , Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Recess The Brooklyn Center City Council recessed at 8 :55 p.m. and resumed at 9 :20 p.m. Planning Commission The City Manager introduced the next item of business, Application No. 76068 that of Planning Commission Application No. 76068 (Kenneth Campbell) submitted by Kenneth Campbell. The Director of Public Works proceeded with a review of Planning Commission Application No. 76068 and the Planning Commission action at its December 16, 1976 meeting. He stated that the application was submitted by Mr. Kenneth Campbell on behalf of Happyville Minnesota, Inc. for site and parking plan approval at 3701 50th Avenue North. ' He explained that the firm specializes in providing games, rides, and other -9- 12 -20 -76 equipment for fund raising events and that they have acquired this property, zoned I -1 , which contains an approximate 2,600 square foot building. He commented that the plan approval was similar to that of Mikros Engineering at 50th and France Avenues North which was reviewed earlier this year under Application No. 76050. He explained that the plan indicated a possible future addition to the building and also represents an upgrading of the site to minimum ordinance standards including sodding of the front boulevard and yard areas, and the installation of paving and curbing around the rear area of the site which would be used for employee parking and outside storage of vehicles and trailers related to the business. He noted that the plan also indicated that the building would be equipped with an automatic fire extinguishing system as per ordinance standards. He next reviewed a transparency and slides showing the location and present condition of the property in question. A brief discussion ensued relative to the application with the City Manager commenting on the snowball effect of Council action regarding the recent approval of the Mikros Engineering application. He stated that hopefully within the near future more applications of this nature relating to this area will come before the Council which will have a positive effect, not only on the aesthetics of the area, but also in terms of safety and traffic congestion problems. Mayor Cohen recognized the applicant, Mr. Kenneth Campbell, representing Happyville Minnesota, Inc., who stated that he had nothing further to add to the application. Following further discussion there was a motion by Action Approving Councilman Fignar and seconded by Councilman Kuefler to Planning Commission approve Planning Commission Application No. 76068 Application No. 76068 submitted by Mr. Kenneth Campbell for Happyville (Kenneth Campbell) Minnesota, Inc. subject to the following conditions: 1 . Grading, paving, curbing and drainage plans are subject to approval by the City Engineer. 2. The north yard area shall be rejuvenated and improved with sod and plantings as well as underground irrigation system. The required underground irrigation system shall be provided immediately following the upgrading of 50th Avenue North. 3. A performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of site improvements shown on the approved plans. 4. The building shall be equipped with an automatic fire extinguishing system meeting N.F.P.A. Standard No. 13. Voting in favor Mayor Cohen, Councilmen Britts, Kuefler, Fignar., and Jensen. Voting against: none. The motion passed unanimously. 12 -20 -76 -10- Junk Car Ordinance In consideration of persons in attendance, the Mayor recommended that the Council next consider a proposed ordinance amending Chapter 19 regarding the storage of certain cars. The City Manager reported that the ordinance had been submitted as a result of Council direction given at the December 6, 1976 City Council meeting. He briefly reviewed the provisions of the ordinance amendment and commented as to their effect. Public Hearing Mayor Cohen opened the meeting for purposes of a public hearing and recognized Mr. Steven Lunacek, 5201 Xerxes Avenue North, who read a prepared statement regarding his opposition to certain aspects of the entire junk car ordinance . Mr. Lunacek explained that he sees a need for an ordinance of this type that regulates the storage of junk vehicles, but that he disagrees with the terms utilized. He further explained that he has asked his attorney to contact City officials in an attempt to iron out the existing differences regarding the use of the term inoperable in the ordinance. Mr. Lunacek concluded his remarks by stating that he has not reviewed, in any great detail, the proposed amendment to the present ordinance but that it does appear to improve the ordinance and appropriately provide for collector cars. He added that he does not like the new provision requiring a six foot opaque fence for screening vehicles stored out -of- doors A brief discussion ensued between the Council members and Mr. Lunacek regarding provisions of the junk car ordinance and the proposed amendments. .In response to an inquiry by Councilman Fignar, Mr. Lunacek stated that the cars stored on his property are visible from the street. He further stated that clarification of the term inoperable is his paramount concern and added that he also feels some type of screening is appropriate but that the proposed amendment is too restrictive. Councilman Kuefler stated that there are two sides to this issue, on the one hand we have people with a legitimate interest in collecting cars, which are often unsightly, and on the other hand we have neighbors that are forced to Took at them because they are not adequately screened. Mayor Cohen commented that a number of people have contacted him regarding the possibility of the City requiring some type of special use permit for persons restoring old cars on residential property which would require notice to neighboring property owners. In response to an inquiry by Mayor Cohen, the City Attorney addressed the use of the term operable as it is used in the ordinance. He stated that the term operable is a general or broad term and somewhat difficult to define. He explained that the term is general enough to be understood both by the public and the courts. He suggested that the Council might want to clarify further what types of conditions it means to prohibit by so stating it for the record, or by having the police -11- 12 -20 -76 administration convey its method of enforcing the ordinance through a formal policy statement. He explained that the latter method is the most commonly used for dealing with these types of problems. He added that enforcement of the junk car ordinance and the definition of what constitutes a junk car are usually based on the fact that a vehicle sits dormant and inoperable for a long period of time, such as weeks or months, and has been brought to the attention of the police department through a complaint of some kind. Further discussion ensued relative to the interpretation and enforcement of the junk car ordinance. Councilman Jensen in response to a comment made earlier by Mr. Lunacek in his prepared statement, stated that it was his opinion that a stalled car should not be cited under the junk car ordinance and that it was his understanding that the police department would not issue a citation in such an instance. Further discussion ensued relative to the ordinance amendment with the City Manager stating that the dispute over the definition of the term operable or inoperable can be worked out through various enforcement policies. He further stated that the proposed wording is best in terms of enforcement of the ordinance in that it calls for less stringent requirements for legitimate pioneer, classic, or collector cars and permits the City to effectively deal with junkers . Mayor Cohen again recognized Mr. Lunacek who stated that the State law expressly permits the outdoor storage of pioneer, collector, and classic vehicles and that the City does not have the authority to make more stringent requirements. The City Manager pointed out that the State law expressly says that the outdoor storage of these vehicles is subject to local zoning and other ordinances and that the six foot opaque fence screening requirement is therefore legal. A discussion then ensued relative to screening provisions contained in the proposed ordinance amendment. Councilman Britts stated that it is not the intent of this ordinance amend- ment to legitimize present ordinance violations, but rather to recognize the fact that there are certain types of vehicles collected by citizens that do not constitute junk vehicles under certain conditions. He added that the screening requirement may seem stringent, but that he knows of no other way to adequately provide screening that would shield these vehicles from the public view. He further stated that the use of shrubs or fast growing trees are not a positive means of screening. He suggested that further consideration be given to other practical means of screen - ing these vehicles and added that he would offer a motion for a first reading with the understanding that there would be further review and study to see if there are other appropriate means of screening. Following further discussion there was a motion by ORDINANCE Councilman Britts and seconded by Councilman Fignar to First Reading offer for first reading an ordinance amending Chapter 19 of the City Ordinances regarding storage of certain cars. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against:_ none. The motion passed unanimously. _12 -20 -76 -12- Mayor Cohen thanked Mr. Lunacek on behalf of the City Council for his participation and input regarding the proposed ordinance amendment. Hennepin County The City Manager introduced the next item of business, Criminal Justice that of consideration of a joint resolution recommended Coordinating Council for the purpose of establishing and agreeing to participate in a reconstituted Hennepin County Criminal Justice Coordinating Council. He stated that the reconstituted Coordinating Council is intended to provide for propor- tionate suburban representation in a new forum through which various local governments may cooperatively pursue improvements in the criminal justice system within Hennepin County. He further stated that is is not intended that there will be any dues or other membership costs of participation,' and withdrawal from the organi- zation can be accomplished easily and without penalty. A brief discussion ensued relative to the Hennepin County Criminal Justice Coordinating Council. Councilman Britts commented that if this is a forum for solving problems, he wholeheartedly supports it, but, on the other hand, if it is a situation where LEAA is setting up a grantsmanship bureau, he has reservations about it. The City Attorney referred to the proposed method for selecting representatives to the Hennepin County Criminal Justice Coordinating Council. He stated that the suburban representation lacks a prosecuting attorney while the central city and the County have such representation. He expressed his concern that this type of representation may tend to have an effect on the organization of concentrating its efforts in favor of the central city. He stated that he would like to see a suburban municipal prosecutor also included in the suburban representation. The City Manager responded that representation on the Hennepin County Criminal Justice Coordinating Council was the most bitterly contested item in considering the joint resolution. He suggested that, if it is the City Council's desire to have a suburban prosecutor as a representative, the concept can be conveyed to the delegation Following further discussion it was the consensus of the City Council to direct the City Manager to convey the Council's feeling that there should be a suburban municipal prosecutor represented in the suburban representation to the Hennepin County Criminal Justice Coordinating Council. RESOLUTION Member Tony Kuefler introduced the following NO. 76 -176 resolution and moved its adoption: JOINT RESOLUTION ESTABLISHING THE HENNEPIN COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL 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, Maurice Britts, Tony Kuefler, Bill Fignar, and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -13- 12 -20 -76 Member Bill Fignar introduced the following resolution RESOLUTION and moved its adoption: NO. 76 -177 RESOLUTION APPROVING HENNEPIN EMERGENCY COMMUNICATIONS ORGANIZATION JOINT POWERS AGREEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Robert Jensen, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Maurice Britts introduced the following resolution RESOLUTION and moved its adoption: NO. 76 -178 RESOLUTION COMMENDING SERGEANT RAYMOND BEACH OF THE BROOKLYN CENTER POLICE DEPARTMENT 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, Maurice Britts, Tony Kuefler, Bill Fignar, and Robert Jensen; 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 76 -179 RESOLUTION AMENDING THE 1976 GENERAL FUND BUDGET 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, Bill Fignar, and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Robert Jensen introduced the following resolution RESOLUTION and moved its adoption: NO. 76 -180 RESOLUTION AMENDING THE 1976 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, Maurice Britts, Tony Kuefler, Bill Fignar, and Robert Jensen; 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. 76 -181 RESOLUTION AMENDING THE 1976 GENERAL FUND BUDGET 12 -20 -76 -14- 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, Bill Fignar, and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Maurice Britts introduced the following NO. 76 -182 resolution and moved its adoption: RESOLUTION AMENDING THE 1976 GENERAL FUND BUDGET 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, Maurice Britts, Tony Kuefler, Bill Fignar, and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Robert Jensen introduced the following NO. 76 -183 resolution and moved its adoption: RESOLUTION AMENDING THE 1976 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, Maurice Britts, Tony Kuefler, Bill Fignar, and Robert Jensen; 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. 76 -184 and moved its adoption: RESOLUTION TO TRANSFER FUNDS FROM THE FEDERAL REVENUE SHARING FUND TO THE GENERAL FUND The motion for the adoption of the foregoing resolution was duly seconded by member Robert Jensen, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Robert Jensen; and the following voted against the same: none,- whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Maurice Britts introduced the following NO. 76 -185 resolution 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, Maurice Britts, Tony Kuefler, Bill Fignar, and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -15- 12 -20 -76 Councilman Kuefler left the table at 11 :11 p.m. and returned at 11:14 p.m. Member Robert Jensen introduced the following resolution RESOLUTION and moved its adoption: NO. 76 -186 RESOLUTION AMENDING THE 1977 GENERAL FUND BUDGET 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, Maurice Britts, Tony Kuefler, Bill Fignar, and Robert Jensen; 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. 76 -187 RESOLUTION ACCEPTING BID FOR ONE (1) RESCUE VEHICLE MINI /PUMPER 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, Maurice Britts, Tony Kuefler, Bill Fignar, and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Maurice Britts introduced the following resolution RESOLUTION and moved its adoption: NO. 76 -188 RESOLUTION AMENDING THE 1977 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Robert Jensen, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Robert Jensen; and the following voted. against the same none, whereupon said resolution was declared duly passed and adopted. Member Robert Jensen introduced the following ordinance ORDINANCE and moved its adoption: NO. 76 -19 AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1 . Section 23 -010 is hereby amended as follows: Fee, (annual, un- less otherwise Type of License Required by Section License Expires stated) Taxi 21 -[ 103] 102 Dec. 31 [ 10.00] 25.00 vehicle Off Sale Malt 11-102, sub. 1 Dec. 31 [ 10.00] 35.00 Temporary On Sale 11 -102, sub. 1 Special 10.00 /day 12 -20 -76 -16- Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 20th day of December, 1976. The motion for the adoption of the foregoing ordinance 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, Bill Fignar, and Robert Jensen; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adapted. ORDINANCE Member Maurice Britts, introduced the following NO. 76 -20 ordinance and moved its adoption AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES RELATIVE TO CERTAIN RESIDENTIAL SIDE YARD SETBACKS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1 . Section 35 -400 (3) of the City Ordinances is hereby amended to read as follows: (3) (a) Accessory buildings must be set back at least three (3) feet from an interior side lot line. [ In the case of a single family dwelling with are attached garage which is less than ten (10) feet but not less than three (3) feet from the interior side lot line, the area to the rear and contiguous to the garage may be appropriately enclosed as an expansion of the dwelling provided; the enclosed area does not exceed ten (10) per cent of the gross floor area of the dwelling; there is no entrance or exitway facing the side yard; the side yard exterior wall of the expansion does not extend beyond the respective exterior wall of the garage; and all other applicable ordinance requirements are met.) (b) In the case of permitted one family and two family dwellings, the dwelling may be located less than ten (10) feet, but not less than five (5) feet, from not more than one (1) of the established interior side lot lines, provided: (1) All other yard setback requirements are met; (2) The remaining minimum ten (10) foot interior side yard, between the dwelling and the lot line, shall not be used for any accesson building; (3) The exterior wall of the dwelling, facing the interior side yard of less than ten (10) feet, shall contain no openings including doors, or windows, or provision for mechanical equipment. .(c) The setback distance shall be measured from the exterior wall of the building, and no part of any roof cornice or any appendage to the structure shall project more than one (1) foot into the minimum side yard setback. -17- 12 -20 -76 (d) Interior side yard setback requirements may waived in commercial and industrial districts where abutting commercial and industrial property owners wish to abut along a common wall built along the property. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 20th day of December, 1976. The motion for the adoption of the foregoing ordinance was duly seconded by member Robert Jensen, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Robert Jensen; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. The City Manager introduced the next item of business, Rezoning Certain that of consideration of an ordinance amending Chapter 35 Properties in the regarding the rezoning of certain properties in the vicinity Vicinity of the of the Brooklyn Center library. He stated that the Brooklyn Center recommended ordinance is consistent with earlier Council Library action authorizing the rezoning through the approval of Planning Commission Application No. 76053 on November 22, 1976. Following a brief discussion there was a motion by ORDINANCE Councilman Kuefler and seconded by Councilman Jensen First Reading to offer for first reading an ordinance amending Chapter 35 of the City Ordinances relative to rezoning certain property from R -1 to C -1 . Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. The Director of Public Works.next reviewed the annual Review of Annual water assessment rate adjustment. He stated that since Water Assessment 1974 the annual water assessment rate for nonsingle family Rate Adjustment residential parcels has been adjusted by the change in the Consumer Price Index from October to October of the pre- ceding year. He further commented that the annual percentage increase from October, 1975 to October, 1976 amounted to 5.1510', changing the front footage rate from $12.75 to $13.42 and the area rate from $3.94 to $4.14 per 100 square feet. The City Manager explained that this matter was presented as an informational item and required no action by the City Council. The next item of business was the annual review of Liquor and Beer liquor and beer licenses for renewal purposes. The City License Renewals Manager referred to :a memorandum relating to the review of liquor and beer license renewals, which also included a report of police related incidents at these establishments. He explained that the number of police related incidents does not necessarily indicate that the operation is not being properly run. He pointed out that the important aspect of the application review and police report is the cooperation extended by the licensees and the types of police related incidents. As an example, he referred to the Lynbrook Bowl which had a high number of incidents and stated that the management has been very cooperative with the police department and also that a vast majority 12 -20 -76 -18- of the incidents reported are not related to the' beer operation. He concluded his remarks by stating-that all liquor and beer license applications are recommended for renewal and that, unless the Council wishes to act separately on each license, they can be approved in conjunction with all of the other nonliquor and beer licenses. A brief discussion ensued relative to the license renewals and the process utilized in reviewing the applications. Following the discussion it was the consensus of the Council to consider renewal of the liquor and beer licenses in conjunction with the other recommended licenses. Licenses Motion by Councilman Kuefler and seconded by Councilman Fignar to approve the following licenses: BENCH LICENSE U.S. Bench Corporation 3300 Snelling CIGARETTE LICENSE A & J, Inc. 7548 Stillwater Way N. Hiawatha Rubber 1700 67th Ave. N. Brookdale Motors, Inc. 2500 Cty. Rd. 10 Brooks Superette 6800 Humboldt Ave. N. Brothers Restaurant Brookdale Center Dean's Vending P.O. Box 380 Brookdale Motel 6500 Lyndale Ave. N. Marc's Big Boy 5440 Brooklyn Blvd. N.S.P. 4501 68th Ave. N. Ralph's Super Service 6601 Lyndale Ave. N. Service Systems Corp. Soo Line Building COMMERCIAL KENNEL LICENSE Brookdale Pet Center Brookdale Center Woolworth's 1212 Brookdale Center GASOLINE SERVICE STATION LICENSE Brooklyn Center City Garage 2501 69th Ave. N. Brooklyn Center Shell 6245 Brooklyn Blvd. Brooklyn Service Center 6901 Brooklyn Blvd. Humboldt Ave. Service 6840 Humboldt Ave. N. Ralph's Super Service 6601 Lyndale Ave. N. LODGING ESTABLISHMENT LICENSE Holiday Inn 1501 Freeway Blvd. MECHANICAL SYSTEMS LICENSE West End Air Conditioning 6408 Cambridge St. OFF -SALE NONINTOXICATING LIQUOR LICENSE Beacon Bowl 6525 Lyndale Ave. N. Brooklyn Center Country Boy 4401 69th Ave. N. Brooks Superette 6800 Humboldt Ave. N. Chuck Wagon Inn 5220 Morgan Ave. N. Country Club Market 5715 Morgan Ave. N. Lynbrook Bowl., Inc. 6457 N. Lilac Dr. Red Owl Store 5425 Xerxes Ave. N. 7- Eleven 411 66th Ave. N. SuperAmerica 1901 57th Ave. N. ON -SALE CLUB LIQUOR LICENSE Duoos Bros. American Legion 4307 70th Ave. N. -19- 12 -20 -76 ON -SALE INTOXICATING LIQUOR LICENSE Holiday Inn J501 Freeway Blvd. Jimmy's Lemon Tree 5540 Brooklyn Blvd. Nino's Steak Round -up 6040 Earle Brown Dr. ON -.SALE INTOXICATING SUNDAY LIQUOR LICENSE Holiday Inn 1501 Freeway Blvd. Jimmy's Lemon Tree 5540 Brooklyn Blvd. Nino's Steak Round -up 6040 Earle Brown Dr. ON -SALE NONINTOXICATING LIQUOR LICENSE Beacon Bowl 6525 Lyndale Ave. N. Chuck Wagon Inn 5720 Morgan Ave. N. Cicero's 3211 Cty. Rd. 10 Happy Dragon 5532 Brooklyn Blvd. Lynbrook Bowl, Inc. 6357 N. Lilac Dr. Taco Towne 6219 Brooklyn Blvd. RENTAL DWELLING LICENSE Initial Robert Gold 7217 Camden Ave. N. Renewal: First Wisconsin Nat'l Bank Shores Townhouses Robert & Kaylene Rolf 5401 63rd Ave. N. Jerry Jacobson & Dennis Schuette 4408 69th Ave. N. TAXICAB LICENSE Town Taxi Company 7440 Oxford St. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. The City Manager introduced the next item of business, Northwest Hennepin that of a request by the Northwest Hennepin Human Human Services Services Council to enter into an agreement whereby Council Request the City would provide payroll /personnel administration services on a` "cost reimbursement basis. He explained that the agreement is similar to one recently entered into between the City and the Local Government Information Systems Association (LOGIS) for the same type of service. He stated that the City's payroll/ personnel system presently has the capacity to handle such an undertaking and that the Northwest Hennepin Human Services Council would benefit by having this service at a cost cheaper than that which they could provide themselves. He further stated that this agree - ment is for payroll and personnel services only and that Northwest Hennepin Human Services personnel would in no way be construed as employees of the City of Brooklyn Center. Following a brief discussion there was a motion by Action Authorizing Councilman Fignar and seconded by Councilman Jensen the Execution of an to authorize the Mayor and City Manager to execute an Agreement agreement with the Northwest Hennepin Human Services Council to provide certain payroll /personnel adminis- tration services on a monthly cost reimbursement basis. Voting in favor Mayor Cohen, Councilmen Britts; Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. 12 -20 -76 -20 RESOLUTION Member Robert Jensen introduced the following NO. 76 -189 resolution and moved its adoption: RESOLUTION AMENDING RESOLUTION NOS. 66 -323 AND 74 -218 SETTING FORTH CONDITIONS OF EMPLOYMENT FOR CITY MANAGER 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, Bill Fignar, and Robert Jensen; and the following voted against the same: none, whereupon said resolution Was declared duly passed and adopted. City Council Salaries The City Manager next reported that he had submitted a report requested by the City Council at the time the 1977 budget was being reviewed relating to City Council salaries. He stated that the City Council has not received a salary increase since January, 1974, and that since that time inflation has had the effect of eroding these salaries by approximately 27 %. He briefly reviewed provisions of State law and the City Charter relating to setting City Council salaries and reported that any Council salary increase must be set prior to a municipal election and cannot take effect until the first of January following that election. He stated that the Council could presently establish a new salary level that would be effective January 1, 1978 and be in compliance with the State law. A brief discussion ensued relative to increasing City Council salaries. ORDINANCE Following further discussion there was a motion by First Reading Councilman Fignar and seconded by Mayor Cohen to offer for first reading an ordinance fixing Council salaries, effective January 1, 1978, at $345 monthly for Councilmen and $540 monthly for Mayor. Voting in favor: Mayor Cohen, Councilmen Britts , Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Job Evaluations Councilman Kuefler reported on the results of his Council authorized investigation to retain a management consultant to evaluate the job content of the City Manager's and various City department head positions and to recommend competitive compensation ranges based on the job content, such that the City Council could set competitive annual compensation based upon objective performance review. He explained that he has received correspondence from four such management consultants that could possibly undertake the review. He stated that it seams feasible that the task would take approximately six weeks to complete from the time a contract is executed and would cost approximately $5,000. Mayor Cohen requested Councilman Kuefler to further review this matter and to report back to the City Council in the near future with a recommendation for proceeding with the evaluation. -21- 12 -20 -76 Motion by Councilman Jensen and seconded by Adjournment Councilman Kuefler to adjourn the meeting. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11 :46 p.m. Clerk Mayor 12 -20 -76 -22-