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HomeMy WebLinkAbout1976 10-04 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 OCTOBER 4, 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 :50 p.m. oll Call Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Also present were City Manager Donald Poss, Director of Public Works James Merila, City Attorney Richard Schieffer, Director of Planning and Inspection Blair Tremere, and Administrative Assistants Leon Beasley and Ronald Warren. Approval of Minutes Motion by Councilman Kuefler and seconded by Councilman 9/13/76 Fignar to approve the minutes of the September 13, 1976 City Council meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. Approval of Minutes Motion by Councilman Jensen and seconded by Councilman 9/14/76 Kuefler to approve the minutes of the September 14, 1976 City Council meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none The motion passed unanimously. Reconvene Budget Hearing Motion by Councilman Fignar and seconded by Councilman Jensen to reconvene the 1977 budget hearing. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The remotion passed unanimously. The City Manager proceeded to briefly review the agreed upon additions to the proposed 1977 budget. He stated that increases to the Fire Protection Salaries Account, Fire Protection Capital Outlay, Emergency Preparedness Capital- Outlay, Community Center Operating Supplies, Community Center Instructors, Parks Capital Outlay, and the Contingency Account amount to a $29,840 increase to the proposed 1977 budget. He further stated that to offset these additional appropriations the ad valorem tax levy has been increased by $16,484, federal grants have been increased by $4,324, and Federal Revenue Sharing has been increased by $9,032 for a net increase in estimated revenues of $29,840. He reported that the estimated 1977 mill rate will be 15.32 mills compared to a 1976 mill rate of 15.27 mills. He explained that this mill rate represents a 1977 City tax of $96,39 on a $30,000 home in Brooklyn Center as compared to $97.94 City tax on similar property in 1976. The City Manager next reviewed two recommended resolutions for the purpose of adopting the 1977 budget and authorizing a tax levy for the budgeted appropriations In response to an inquiry by Mayor Cohen the City Manager explained the Governor's state -wide Dutch Elm Disease Cleanup Program, in which National Guard. equipment will be utilized to pick up dead elm wood in an effort to assist communities in their sanitation programs. He stated that the project is for cleaning out and removing dead elm trees and logs only and does not include any plans to cut down -1- 10/4/76 diseased trees. He further stated that more information will be made available as plans for the project become finalized. Councilman Britts commented - that he was concerned that the ; 1.977. mill rate was slightly higher than that of 1976. Mayor Cohen commented that although the mill rate would increase slightly, the total City tax to be paid by - the average property owner went down by $1.55. In response to a question by Councilman Kuefler as to what items should be reduced, Councilman Britts suggested reviewing the $15,000 addition for tennis courts at Evergreen Park and the $10,000 addition to the Contingency Account for the Dutch Elm disease subsidy program. A lengthy discussion ensued relative to the tennis courts and Dutch Elm disease items. Mayor Cohen commented that the mill rate at this time is only an estimate and is not final until refined by the County after receiving the City's assessed valuation figures. Councilman Kuefler stated that the Dutch Elm disease appropriation is a worthwhile and necessary expenditure. He further stated that the tennis courts for Evergreen Park could be deferred to a future capital improvement bonding program but that it has been the Council's practice within the past few years to undertake at least one capital park project until the bonding program can be developed. He commented that the funding for the` - tennis courts would be through the use of Federal Revenue Sharing funds and would, therefore, have no affect on the mill rate. He spoke in favor of including both appropriations in the 1979 budget. Further discussion ensued with Councilmen Fignar and Councilman Jensen speaking in favor of the proposed budget. Councilman Fignar left the table at 8 :25 p.m and returned at 8:26 p.m, Councilman Jensen stated that he cannot see any area in which the budget should be reduced. He noted that there had been considerable previous discussion of the items added to the Manager's proposed budget and that the Council had earlier agreed that they be included. He expressed - the opinion that the proposed budget was prepared prudently and meets the needs of the City without incurring a significant increase in taxes of the type that other levels of government have proposed. Member Tony Kuefler introduced the following resolution and RESOLUTION moved its adoption: NO -. 76 -132 RESOLUTION TO ADOPT THE 1977 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 Robert Jensen introduced the following resolution and RESOLUTION moved its adoption: NO. 76 -133 RESOLUTION TO AUTHORIZE A TAX LEVY FOR 1977 BUDGET APPROPRIATIONS 10/4/76 -2- 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 Maurice Britts introduced the following resolution NO. 76 -134 and moved its adoption: RESOLUTION TO CANCEL LEVY PREVIOUSLY CERTIFIED TO THE COUNTY AUDITOR 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 resolution NO. 76 -135 and moved its adoption RESOLUTION TO CANCEL LEVY PREVIOUSLY CERTIFIED TO THE COUNTY AUDITOR 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 Tony Kuefler introduced the following resolution and NO. 76 -136 moved its adoption: RESOLUTION TO CANCEL LEVY PREVIOUSLY CERTIFIED TO THE COUNTY AUDITOR 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 resolution NO. 76 -137 and moved its adoption: RESOLUTION APPROVING A ONE -THIRD MILL LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION PURSUANT TO THE PROVISIONS OF MSA 462.411 THROUGH 462.711 OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 1977 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. -3- 10/4/76 Motion by Councilman Jensen and seconded by Councilman Adjourn 1977 Budget Hearing Britts to adjourn the 1977 budget hearings. Voting in favor were; Mayor Cohen, Councilmen Britts, Fignar, Kuefler and Jensen. Voting against; none. The motion passed unanimously. The City Manager introduced the next item, of business, that Planning Commission of Planning Commission Application No. 76050 submitted by Application No. 76050 Mikros Engineering, Inc (Mikros Engineering) The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 76050 and the Planning Commission action at their September 30, 1976 meeting. He stated that the applicant seeks site and parking plan approval for - the industrial property located at 3715 France Avenue North. He explained that Mikros Engineering has acquired the large industrial building at the southwest corner of 50th and France Avenues North and intends to establish a manufacturing facility producing plastic products. He stated that this use represents a major' occupancy change from the previous use which consisted of warehousing and storage. He further stated that extensive electrical and plumbing work is scheduled and that plans have been submitted indicating the existing and proposed parking, - landscaping, lighting and screening of rooftop mechanical equipment. He explained that it is recommended that the yard area on the north side of the property be completely rejuvenated and an underground irrigation system be included to facilitate maintenance of the area He stated that it was also recommended that curbing be provided at the north end of the France Avenue parking lot to provide physical delineation between the pavement and the turf. The Director of Planning and Inspection next addressed the parking deficiency of approximately nine stalls and stated that the applicant has agreed to designate an internal portion of the building as possible future parking and that by so doing the intent of the ordinance was satisfied. He next reviewed a transparency showing the location and configuration of the property and also reviewed slides showing the present condition of the building in question. The City Manager commented as to the concerns of the Council in the mid 1960's relative to parking and site problems and the potential deterioration of this industrial area. He stated that much of this area is in need of renovation and that this applica- tion may well be a key to the future modification of the entire area. Councilman. Kuefler inquired as to the parking deficiency noted in the Planning Commission minutes. The Director of Planning and Inspection explained the ordinance parking formula and stated that based on the size of the building there was a nine stall parking deficiency. He reported that it is proposed that the applicant designate parking space in the interior of the building to satisfy the ordinance requirements. He noted that based on the present number of employees the applicant does have adequate parking, but future expansion would cause problems, thus the requirement for dedicating other parking areas. Mayor Cohen recognized the applicant, Mr. James Talmadge, President of Mikros Engineering, Inc. Mr. Talmadge suggested that an underground irrigation system for the north yard area between 50th Avenue North and the property line should not be required until 50th Avenue North is upgraded and the boulevard area delineated. He also stated that the easterly loading dock area, on the north side of the building, which is required to be filled in and sodded, could be used as a parking area to offset part of the parking deficiency for - the building. He requested that this alternative be considered rather than requiring the loading area to be filled and sodded. 10/4/70 -4- The City Manager agreed that some of the required underground sprinkling system could be disrupted if and when 50th Avenue North is upgraded. He recommended, and - the Council agreed, that the requirement for an underground irrigation system for the north yard area be deferred until such time as 50th Avenue North is upgraded. The City Manager stated that ordinance would not permit utilization of the loading dock area for parking without first obtaining a variance to do so. He referred to slides of the neighboring establishments easterly on 50th Avenue and suggested the significance of the precedent of permitting such parking. A brief discussion ensued with Mayor Cohen explaining to the applicant - the procedure he must follow to apply for a variance if he so desired. Action Approving Planning Following further discussion there was a motion by Councilman Commission Application Fignar and seconded by Councilman Kuefler to approve Planning No. 76050 (Mikros Commission Application No. 76050 submitted by Mikros Engineering, Inc.) Engineering, Inc. subject to the following conditions: 1. Consistent with Section 35 -704, - the designation of the west interior portion of the building as shown on approved plans constitutes provision for adequate area for offstreet parking spaces required by ordinance based upon building size; and installation of said spaces may be deferred, subject to the following: a. The additional interior required spaces shall be installed when deemed necessary by the City. b . The interior area shown on approved plans as designated future parking shall not be altered or occupied in any manner which would diminish the capacity and conversion ed parking space without o requir p g express p p approval by the City. 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 site improvements shown on the approved plans. 3. The north yard area shall be rejuvenated and improved with sod, plantings, and an underground irrigation system. The required underground irrigation system will be provided immediately following the upgrading of 50th Avenue North. 4. There shall be no loading or unloading of raw material or manufactured product from the easterly loading dock on 50th Avenue North. 5. The easterly loading dock access on the north side shall be appropriately filled, graded and sodded as part of the yard area. -5- 10/4/76 6. The westerly loading dock access on 50th Avenue North shall be upgraded, repaired, and curbed as approved by the City Engineer. Continued use of this opening shall be subject to review at such time that 50th Avenue North is upgraded. . All rooftop mechanical equipment and all outside trash disposal facilities, if any, 'shall be appropriately screened. 8. All concrete walkways on the site shall be repaired. 9. The north edge of the France Avenue parking area shall be appropriately curbed as approved by the City Engineer. 10. The building shall be equipped with an automatic fire extinguishing system meeting N . F . P.A. Standard No. 13. Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar, Kuefler, and Jensen. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council recessed at 9 :20 p.m. and Recess resumed at 9:40 p.m. The City Manager introduced the next item of business, that Planning Commission of Planning Commission Application No. 76051 submitted by Application No. 76051 LOGIS. (LOGIS) The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 76051 and Planning Commission action at their September 30, 1976 meeting. He stated that the applicant seeks special use permission to use up to 2,600 square feet of Speculative Building No. 5, 6820 Shingle Creek Parkway, for commercial service /office use. He stated that such uses were comprehended as special uses in the I -1 district. He explained that LOGIS, which stands for Local Government Information Systems, is a joint powers organization created by a number of cities and other agencies that provides computer services to its members. He further stated that it is a service oriented enterprise which involves administrative, and coordinative offices and would not involve general commercial uses. Mayor Cohen recognized Mr. Ted Willard, Executive Director of LOGIS, who explained the organization's operation. In response to a question by Councilman Jensen, Mr. Willard stated that the lease problems referred to in the Planning Commission minutes have been clarified with B.C.I.P. Mayor Cohen opened the meeting to notified property owners. Public Hearing It was noted that no one spoke relating to the application. Following, further discussion there was a motion by Action Approving Planninc Councilman Britts and seconded by Councilman Fignar to Commission Application approve Planning Commission Application No. 76051 sub- No. 76051 (LOGIS) mitted by Local Government Information Systems (LOGIS) , noting the uniqueness of the proposed uses which were public service oriented involving administrative, coordinative offices, and were not general commercial uses; and further that the proposed use is consistent with standards set forth in Section 35 -300 of the Zoning Ordinance; and subject to the following conditions: 10/4/7 6 -6- I . The permit is issued to the applicant and is not transferable 2. The permit comprehends the approximate 2,700 square foot area at 6820 Shingle Creek Parkway shown on the approved plan; that the area shall not be expanded without approved amendment of the permit 3. The approved occupancy comprehends non- commercial service oriented administrative offices 4. Building plans are subject to review and approval by the Building Official with respect to applicable codes. Voting in favor were; Mayor Cohen, Councilmen Britts, Fignar Kuefler and Jensen. Voting against: none. The motion passed unanimously. Planning Commission The City Manager introduced - the next item of business, that of Application No. 76054 Planning Commission Application No. 76054 submitted by (Brookdale Ford) Brookdale Ford. The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 76054 and the Planning Commission action at their September 30, 1976 meeting. He stated that the applicant seeks site and building plan approval comprehending numerous site upgrading improvements and an addition to the office portion of the automobile dealership at 2500 County Road 10. He stated that a master plan for - the site has been developed comprehending . use of the adjacent NSP property which may be acquired in the near future He explained that the applicant's plan proposed a phased com- pletion of the improvements, most of which reflect minimum ordinance requirements as to paving, grading, curbing and green areas. He reported that the applicant presently has an informal agreement with NSP as to the use of the power line right -of -way which must be formalized either through acquisition of the property or through an approved joint parking agreement. He next reviewed a transparency showing the location and configuration of the property and various slides showing the I present condition of the applicants property and the areas I proposed for upgrading. He also reviewed the site plans and pointed out the area north of the property which is - the NSP right -of -way and explained that the applicant must formalize an agreement with NSP prior to the commencement of site improvement for this area. In response to an inquiry by Councilman Jensen the Director of Planning and Inspection explained that Phase I calls,. for the addition of the office area and the installation of a fire sprinkling system in the main office and service building; Phase II comprehends site improvements, other than those associated with the NSP right -of -way, and the installation of a fire sprinkling system in the body shop; and Phase III involves site improvements to the NSP right -of -way area following a formal agreement for the use of this property. He stated that the Planning Commission has recommended that the master plan and status of completed work be reviewed by June, 1977. -7- 10/4/76 Mayor Cohen recognized Mr. Lieder, representing the applicant, who stated he had nothing further to add to the application. A brief discussion ensued relative to the various required site improvements with the Council acknow- ledging the fact that various plans will be again reviewed in June, 1977. I Following urther discussion there w Approving g e as a motion by Action App ov ng Councilman Kuefler and seconded by Councilman Britts Planning Commission to approve Planning Commission Application No. 76054 Application No. 76054 submitted by Brookdale Ford subject to the following (Brookdale Ford) conditions: 1 . Building plans are subject to approval by the Building Official with respect to applicable codes. 2. Grading, drainage, and tzzility plans are subject to review by the City Engineer, and a grading and drainage plan prepared by a registered engineer shall be submitted prior to installation of the required improvements 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 improvements. 4. All outside trash disposal facilities shall be appropriately screened. 5. The building shall be equipped with automatic fire extinguishing systems per N.F.P.A. Standard No. 13, 6. Underground irrigation shall be installed in all approved landscaped areas. 7. The phasing for the installation of site and building improvements indicated on the submitted plans shall be revised to the extent that required improvements on existing Brookdale Ford property shall be completed during Phase II, notwithstand- ing the possible joint leasing or purchase of the NSP right -of -way property; appropriate site improvements shall be made on the NSP right -of -way property if it is to be actively used by Brookdale Ford, subsequent to platting or joint parking agreement approvals by the City Council. 8. The master plan and status of completed work shall be reviewed by the Planning Commission no later than the June, 1977 regular meeting and a revised detail landscape plan shall be sub- mitted for review and approval at that time. 9. A utility easement for water main purposes shall be provided and the design for said easement shall be determined by the City Engineer and the applicant. Voting in favor were Mayor Cohen, Councilmen Britts, _ Kuefler, Fi nar and Jensen. Voting r 9 . J g none g I The motion passed unanimously. 10 -4 -76 _g. Side Yard Setback Mayor Cohen recommended that consideration be Modifications given at this time to an ordinance modifying side yard setback provisions of the Zoning Ordinancc. The City Manager reviewed the proposed ordinance and stated that its submission is in response to direction given by the City Council to recommend modified side yard setbacks in conjunction with Planning Commission Application No. 75035 sub- mitted by Mr. Jack Welsh. The City Manager stated that there are some problems relating to the structure of the proposed ordinance, such as where it appears in Chapter 35 of the City Ordinances. He suggested that the structure of the ordinance be modified and brought back to the Council and recom- mended that the Council deliberate the substance of the ordinance at this time. The City Manager commented that the Planning Commission had reviewed the proposed ordinance and had acted to disapprove it. Mayor Cohen suggested that the Council consider establishing a joint meeting with the Planning Commission° to further discuss and review this matter prior to taking action on the ordinance. A brief discussion ensued relative to the proposed ordinance and the Planning Commission review. Mayor Cohen recognized Mr. Robert Foreman, Chairman of the Brooklyn Center Planning Commission. - Mr, Foreman stated that there are a number of issues that need clarification and also suggested that the Council consider a joint meeting with the Planning Commission to discuss and review the proposal Councilman Kuefler recommended that the records be researched to determine to what extent the pro - posed ordinance would affect persons with 3 foot garage setbacks. Further discussion ensued relative to the proposed setback standards, a possible joint meeting, and the possibility of a moratorium on applications for side yard setbacks until such time as the matter is resolved. Action Directing a Following further discussion there was a motion by Joint Meeting and Councilman Britts and seconded by Councilman a Moratorium Fignar to hold a joint City Council /Planning Commission meeting as soon as possible and to establish a 60 day moratorium relative to considering applications for similar variances from the side yard setback standards. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Mayor Cohen left the table at 10 :42 p.m. Subdivision Bond Motion by Councilman Britts and seconded by Reduction (Fred Councilman Fignar to authorize the reduction of a Nelson Addition) $500 subdivision bond posted on behalf of the Fred Nelson Addition to $250 on the basis of work com- pleted. Voting in favor were: Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. Mayor Cohen was not at the Council table for the vote. The motion passed. -9- 10 -4 -76 The City Manager introduced the next item of business MTC Bus Route on the agenda, that of consideration of a request by the Metropolitan Transit Commission for permission to operate an express bus line on Brooklyn Boulevard between 69th Avenue North and the north City limits. Mayor Cohen returned to the table at 10 :45 p.m. The Director of Public Works proceeded to briefly review the MTC bus route request, - explaining that the Council had previously authorized bus operations between 69th Avenue North and the south City limits. He stated that the request is necessitated by a proposal to operate a new commuter express bus route from the Village North Shopping Center to Brookdale Shopping Center to Robbinsdale and then to the new Cargill Company head- quarters in Minnetonka. Councilman Fignar left the table at 10 :47 p.m. and returned at 10:49 p.m. A brief discussion ensued relative to the express bus line proposal with the Council requesting a summary report relating to the MTC master bus plan. Motion by Councilman Britts and seconded by - Action Authorizing Councilman Jensen to authorize the Metropolitan MTC Bus Route Transit Commission permission to operate an express bus line on Brooklyn Boulevard from 69th Avenue North to the north City limits. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Motion by Councilman Fignar and seconded by Performance Bond Councilman Jensen to authorize release of a $10, 000 Release (Rage performance bond submitted by Hage Construction Construction Co.) Company, 5810 Xerxes Avenue North, for completion of required improvements approved by the City Council on December 9, 1974 as per amended Planning Commission Application No. 70016. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Motion by Councilman Jensen and seconded by Performance Bond Councilman Britts to authorize release of a $25,000 Release (Twin City performance bond submitted by Twin City Federal Federal) Savings & Loan, 2950 County Road 10, for completion of required improvements approved by the City Council on October 20, 1975 as per Planning Commission Application No. 75037. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Motion by Councilman Kuefler and seconded by Final Plat Approval Councilman Britts to approve the final plat for the (Brook Park Dental Brook Park Dental Clinic and parking lot, 6417, 6421, Clinic) and 6437 Brooklyn Boulevard, as comprehended by Planning Commission Application No. 76017 submitted by Dr. Gregory Swenson, Voting in favor were: Mayor Cohen, Councilmen Britts , Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. 10 -4 -76 -10- RESOLUTION Member Tony Kuefler introduced the following NO. 76 -138 resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. ROGER PICKERING 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 -139 resolution and moved its adoption: RESOLUTION CERTIFYING DELINQUENT PUBLIC UTILITY ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS 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 Tony Kuefler introduced the following NO. 76 -140 resolution and moved its adoption: RESOLUTION CERTIFYING DELINQUENT NOXIOUS WEED CUTTING ACCOUNTS FOR 1976 CUTTING TO THE HENNEPIN COUNTY TAX ROLLS 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 -141 resolution and moved its adoption: RESOLUTION DIRECTING DISBURSEMENT OF A CASH DEPOSIT FROM MR. HAROLD JORGENSON FOR STORM SEWER IMPROVEMENT PROJECT NO. 1975 -6 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. -11- 10 -4 -76 Member Tony Kuefler introduced the following resolution RESOLUTION and moved its adoption: NO . 76 -142 RESOLUTION AUTHORIZING REDUCTION OF SUBDIVISION BOND AND THE DISBURSEMENT OF REMAINING FUNDS FOR BAERG'S 2ND ADDITION 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 Tony Kuefler introduced the following resolution 'RESOLUTION and moved its adoption: NO. 76 -143 RESOLUTION AUTHORIZING REDUCTION OF SUBDIVISION BOND AND THE DISBURSEMENT OF REMAINING FUNDS FOR NORTH METRO ADDITION 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 Maurice Britts introduced the following RESOLUTION resolution and moved its adoption: NO. 76 -144 RESOLUTION AUTHORIZING A JOINT POWERS AGREEMENT WITH THE CITY OF BROOKLYN PARK TO PROVIDE_FOR EMERGENCY SERVICES AND THE RENOVATION OF 7100 BROOKLYN BOULEVARD 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, BiJI 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 -145 RESOLUTION DIRECTING THE DISBURSEMENT OF THE BALANCE OF THE CASH ESCROW FOR BROOK PARK ESTATES 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, 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 -15 AN ORDINANCE ADOPTING REGULATIONS AND LICENSING PROVISIONS RELATING TO LODGING ESTABLISHMENTS 10 -4 -76 -l2- THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1 , Chapter 7 of the City Ordinances shall be amended by the addition of the following: Section 7-601. MINNESOTA DEPARTMENT OF HEALTH REGULATIONS ADOPTED AS LAW. Subject to any specific modifications hereinafter set forth. the municipality hereby adopts by reference Minnesota State Board of Health Regulation MHD 139 -145 as contained in the document entitled "Requirements for Lodging Establishments" declared effective January 1, 1968, including all subsequent amendments thereto, Three copies of such regula- tions shall be filed and available for inspection in the office of the City Clerk, MHD 139 -145 is hereby modified by deleting the term "Board" and substituting therefor the term "City Health Authority" in MHD 141 (d) , MHD 141 (f) , the third sentence of MHD 141 (j), and MHD 141 (1). MHD 141 (1) is hereby modified by deleting the phrase "installed on or before January 1, 1968, " from the second sentence of the second paragraph therein. Section 7 -602. LICENSE REQUIRED. It shall be unlawful for any person to operate a lodging estab- lishment unless the City of Brooklvn Center has issued a valid license therefor which is in full force and effect. Such license shall be on display in the immediate vicinity of the customer registration area and conveniently accessible upon deman Section 7 -603. APPLICATION FOR LICENSE. Application for license hereunder shall be submitted to the City Clerk in such form and manner as the City Clerk may prescribe Section 7 -604. INSPECTION. The City Health Authority or his designated agent shall inspect every lodging establishment as frequently as deemed necessary to insure compliance with this ordinance. Section 7 -605. LICENSE EXPIRATION AND RENEWAL. Licenses issued under this ordinance shall expire on the last day of December each year. License renewal applications shall be filed with the City Clerk prior to the expiration date each year. Section 7 -606. LICENSING REGULATIONS AND FEES. License application and possession is subject to-provisions of Chapter 23 of the City Ordinances, Sections 23 -001 through Section 23 -013. The annual license fee for a lodging establishment shall be as set forth in Section 23 -010 of the City Ordinances. Section 7 -607. PENALTY. Any person, firm, or corporation violating the provisions of this ordinance may, upon conviction thereof, be punished by a fine of not more than three hundred ($300) dollars and by imprisonment not to exceed ninety (90) days. -13- 10 -4 -76 Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 4th day of October, 1976, Motion for the adoption of the foregoing ordinance 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 ordinance was declared duly passed and adopted Member Bill Fignar introduced the following ordinance ORDINANCE and moved its adoption: NO. 76 -16 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 by the addition of the following: Fee, (annual, un- less otherwise Type of License Required by Section License Expires stated) Lodging $33/1 -15 units Establishment 7 -602 Dec. 31 $41/16 -35 units $106/36 -100 units $138/101 units or more Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 4th day of October, 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 adopted. The City Manager introduced the next item of business Renaming Portion of on the agenda, that of an ordinance recommended for the Lyndale Avenue purpose of renaming Lyndale Avenue (T. H. #169) north of FI -94 to the north City limits, West River Road. He explained that the proposed ordinance is the result of a request received by a resident living in the affected area. The Director of Public Works proceeded to review a transparency of the area proposed for renaming and pointed out that 65% of the residents and businesses north of FI- 94 'currently use West River Road as their address. He `reported that West River Road is the current designation for Trunk Highway #169 north of 73rd Avenue North (the north City limits) . He com- mented that it is not recommended that Lyndale be renamed south of FI -94 where the majority of property owners currently use the Lyndale Avenue designation, He stated that FI -94 would be a good geographical break for the renaming of the roadway. 10 -4 -76 -14- A brief discussion ensued relative to the proposed street name change with the City Manager stating, that the proposed name change would not be effective until January 2, 1977 and that notices would be sent to affected property owners prior to the second reading of the ordinance ORDINANCE Motion by Councilman Fignar and seconded by First Reading Councilman Kuefler to offer for first reading an ordinance amending Chapter 25 renaming portions of Lyndale Avenue. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against none. The motion passed unanimously. Report on Noise The City Manager introduced the next item of Abatement Plans business, that of a report on noise abatement plans for FI -94 and the results of a meeting held with affected property owners living along 66th Avenue North. The Director of Public Works reported that a meeting was held on Wednesday evening, September 29, 1976 with the affected residents along 66th Avenue North. He stated that of the nine property owners in attendance, seven favored the earthen berm noise abatement concept while two were opposed. He further reported that a petition was also carried in the affected area, and that the results of this petition were that twelve property owners favored the earthen berm noise abatement concept and two were opposed, The Director of Public Works next reported on the status of a triangular piece of property owned by Mr. Raymond Ness, 4224 66th Avenue North, which is situated between the Gordon property and Brooklyn Boulevard. He stated that there had originally been some hesitation on Mr. Ness' part to relinquish a certain portion of his property for the earthen berm structure. He explained that the Highway Department has since offered an alternative plan that met with Mr. Ness' approval and that the land acquisition procedures will commence shortly. f The Director of Public Works stated that no condem- nation proceedings are anticipated and construction of the earth berm noise abatement structure for this area should be completed by mid summer of 1978. RESOLUTION Member Robert Jensen introduced the following NO. 76 -146 resolution and moved its adoption: RESOLUTION CONFIRMING OPTION OF EARTHEN MOUNDS FOR THE AREA SOUTH OF F. 1. 94 FROM NOBLE AVENUE TO APPROXIMATELY 1350 FEET EASTERLY 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- 10 -4 -76 The City Manager recommended deferring onsideration Review of hi g Chippewa of the hi C ppewa Park apartment license until the next Park Apartment Council meeting because the owner of the complex could License not be in attendance at this evening's meeting because of his observance of the religious holiday Yom Kippur. Motion by Councilman Britts and seconded by Licenses Councilman Jensen to approve the following license: SIGN HANGER'S LICENSE Craig, Inc. 822 West Broadway Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. The City Manager reported that a public hearing is Public Hearing scheduled for October 14, 1976 to review plans for the on FI -94 completion of the last segment of FI -94 in north Minneapolis and Brooklyn Center. He stated that the hearing would be held at Henry High School with testimony being taken at 7 :30 p.m. He further stated that plans can be reviewed at the high school between 4 :30 p. m. and 7 :30 p. m. prior to the public hearing. Councilman Britts referred to a State law which became Antique Cars effective on March 1, 1976 relating to the registration and licensing of automobiles that fall under the classi- fication of collector cars, pioneer cars, and classic cars. He stated that the present City ordinance which regulates operating,- parking, storing, repairing, servicing and maintaining junk vehicles may be in con- flict with the keeping of pioneer, collector, or classic cars in Brooklyn Center. He recommended that review of this law be undertaken for the purpose of possibly modifying City ordinances so that there is no conflict for persons storing operable or inoperable collector cars in Brooklyn Center. Following a brief discussion relative to the request there was a motion by Councilman Britts and seconded by Councilman Jensen to direct the City Manager to review the State law relative to pioneer, classic, and collector automobiles and report to the Council within 45 days as to possible ordinance modifications. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. The City Manager, in response to inquiries relative to City Manager's the City Manager's Newsletter, stated that the budget Newsletter proposal does reflect an amount for printing the City Manager's Newsletter. He explained that the Newsletter generally is distributed three times a year. Mayor Cohen inquired if there has been any thought given to increasing the frequency of publications as a means of keeping citizens better informed. The City Manager responded that the cost ramifications of any major increase in the publication frequency would have to be reviewed. He stated that it would appear feasible to print a newsletter on a quarterly basis. In the context of informing citizens, Councilman Jensen stated that he would like to have an evaluation of the concept of providing the opportunity for citizens to constructively address the City Council on matters other 10 -4 -76 _16- than formal agenda items. He explained that some communities apparently employ this concept in various forms and suggested that a review of such practices would be worthwhile. A brief discussion ensued relative to Councilman Jensen's proposal. Councilman Kuefler stated that any review of other community practices should also include information on the number and variety of participants and the nature of the discussions. Following further discussion it was the consensus of the Council that the City Manager review various suburban practices and report back to the Council in the reasonable future. Adjournment Motion by Councilman Kuefler and seconded by Councilman Fignar to adjourn the meeting. Voting in favor were: Mayor Cohen, Councilmen Britts , Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:40 p.m. Clerk Mayor -17- 10 -4 -76