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HomeMy WebLinkAbout1976 11-08 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 NOVEMBER 8, 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 City Manager Donald Poss, Director of Public Works James Merila, City Attorney Richard Schieffer, Director of Finance Paul Holmlund, Director of Planning and Inspection Blair Tremere,- and Administrative Assistants Leon Beasley and Ronald Warren. Invocation An invocation was read by Councilman Britts. Approval of Minutes Motion by Councilman Fignar and seconded by Councilman 9 -20 -76 Kuefler to approve the minutes of the September 20, 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 10 -4 -76 Britts to approve the minutes of the October 4, 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 Kuefler and seconded by Councilman 10 -18 -76 Fignar to approve the minutes of the October 18, 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. Advisory Commission Mayor Cohen announced that he had received notification Resignations of the following advisory commission resignations: Mary Stire, Human Rights Commission; Richard Forstrom, Conservation Commission; and Lowell Ward, Housing Commission. He stated that Commissioners Stire and Forstrom had both recently moved from Brooklyn Center and that Commissioner Ward, due to other business and personal commitments, was unable to continue with his appointed term. Motion by Councilman Jensen and seconded by Councilman Fignar to accept the resignation of Mary Stire as a member of the Human Rights Commission effective immediately, and to direct the City Manager to prepare a resolution of commendation. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Motion by Councilman Fignar and seconded by Councilman Britts to accept the resignation of Richard Forstrom as a member of the Conservation Commission effective immediately, and to direct the City Manager to prepare a resolution of commendation. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. -1- 11 78 -76 Motion by Councilman Fignar and seconded by Councilman Jensen to accept the resignation of Lowell Ward as a member of the Housing Commission effective immediately and to direct the City Manager to prepare a resolution of commenda- tion. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Mayor Cohen announded his appointment of Vern Velasco, Mayoral Appointment 5613 Aldrich Avenue North, to the Park and Recreation to the Park & Commission representing Park Service Area I and requested Recreation Commission Council affirmation. Councilman Kuefler introduced Mr. Velasco to members of the City Council and noted that he is a 21 year resident of the City of Brooklyn Center and has been active with the Brooklyn Center National Little League as a past president and as a Little League manager. He stated that Mr. Velasco is presently the Community Education Advisory Committee Chairman for Independent School District #286. - Motion by Councilman Kuefler and seconded by Councilman Britts to confirm Mayor Cohen's appointment of Vern Velasco to the Park and Recreation Commission representing Park Service Area I, effective immediately for a term to expire December 31, 1978. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Motion by Councilman Britts and seconded by Councilman Final Plat Approval Kuefler to approve the final plat for the Brand Col Addition (Brand Col Addition) which subdivides property at 5341 Colfax Avenue North into two 63 foot wide lots, as comprehended by Planning Commission Application No. 76045 submitted by David Brandvold . Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Motion by Councilman Britts and seconded by Councilman Subdivision Bond Jensen to authorize reduction of a subdivision bond for Reduction (West the West River Estates subdivision located between River Estates) Camden and Bryant Avenues North from 67th to 68th Avenues North from $10,000 to $3,600 on the basis of subdivision obligations which have been satisfied. 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 Councilman Subdivision Bond Kuefler to authorize reduction of a subdivision bond for Reduction (North North Metro Addition located on Camden Avenue North Metro Addition) between 72nd and 73rd Avenues North from $3, 000 to $400 on the basis of subdivision obligations which have been satisfied, Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen.` Voting against: none. The motion passed unanimously. Motion by Councilman Britts and seconded by Councilman Performance Bond Kuefler to authorize reduction of a site performance bond Reduction (Riverbrook for the Riverbrook Townhouses from $40,000 to $20,000 on Townhouses) the basis of work which has been achieved. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. -2- Performance Bond Motion by Councilman Jensen and seconded by Councilman Reduction (Westbrook Britts to authorize reduction of a site performance bond for Mall) the Westbrook Mall from $32,000 to $20,000 on the basis of work which has been achieved. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Performance Bond Motion by Councilman Fignar and seconded by Councilman Reduction (MTC Kuefler to authorize reduction of a site performance bond Garage) for the MTC garage from $80,000 to $20,000 on the basis of work which has been achieved. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Liquor Store Lease The City Manager introduced the next item of business on the agenda, that of a recommendation to approve a five year lease extension for the Municipal Liquor Store located in the Northbrook Shopping Center.. He stated that the terms of the lease remain the same as the preceding five year period with the exception of amended lease costs amounting to $15,000 during the first two years, $16,000 during the third year of the lease, and $17,000 during the last two years of the five year lease period. He commented that the lease cost for the past five year period at the Northbrook Store has amounted to a flat $12,000 per year. The City Manager stated that the proposed lease schedule is the product of negotiations which initially proposed an $18,000 annual lease cost for five years. He briefly con- trasted the Northbrook lease arrangement with that of the municipal liquor store located in the Humboldt Square Shopping Center. A discussion ensued relative to the lease arrangement and the Council policy of using liquor store locations to stimulate the viability of commercial developments within the City. Councilman Fignar inquired of the City Manager as to a projection of what it would cost the City in terms of additional property taxes if the City was not in the liquor business. The City Manager responded that the City would have to levy approximately $125,000 - $150,000 in property taxes annually were it not for the profits of its three liquor stores. A brief discussion ensued relative to the status of the Humboldt Square Liquor Store operation. The City Manager commented that the Humboldt Square Store does not do as large a volume of business as the Northbrook Store. He stated that as the shopping area continues to fill up it is anticipated that the Liquor Store's business should also grow. He further speculated that the Humboldt Square Liquor Store would not ever equal the business done at the Northbrook Liquor Store. Action Approving Following further discussion there was a motion by Liquor Store Councilman Jensen and seconded by Councilman Kuefler to Lease Extension approve a five year extension of a lease with United National Corporation for the municipal liquor store located in the Northbrook Shopping Center and to authorize the Mayor and City Manager to execute.such lease extension. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. -3- 11 -8 -76 The City Manager introduced the next item of business, that Planning Commission of Planning Commission Application No. 74012 submitted by Application No. 74012 Coachman Diversified. (Coachman Diversified) The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 74012 and the Planning Commission action at its October 28, 1976 meeting. He stated that the application consists of a building plan amendment for the Speculative Building at 6660 Shingle Creek Parkway for a proposed tenancy which involves the parking of vehicles inside the building and the installa- tion of several overhead garage doors on the east side of the building. He explained that the applicant plans to recycle waste water from vehicle washings which would then be used in the mixing of chemicals carried by the vehicles to lawns which are serviced by the tenant, Chemlawn, Inc. The Director of Planning and Inspection next reviewed a transparency showing the location of the property and also reviewed the proposed alterations to the original site plans approved approximately two and one -half years ago. Mayor Cohen recognized the applicant and a brief dis- cussion ensued with the applicant explaining that all trucks will be parked in the building overnight. He also explained the water recycling operation proposed for washing trucks and the expected effects of such a con- servation, operation. Following a brief discussion there was a motion by Action Approving Councilman Fignar, seconded by Councilman Kuefler to Planning Commission approve the amended building plan to Planning Application No. 74012 Commission Application No. 74012 submitted by (Coachman Diversified) Coachman Diversified, as well as the proposed tenancy by Chemlawn,. Inc. subject to the condition that the building plans are approved by the Building Official prior to the issuance of permits. Voting in favor were: Mayor Cohen, Councilmen Britts , Kuefler, Figriar, and Jensen. - Voting against none. The motion passed unanimously. The City Manager introduced the next item of business, Planning Commission that of Planning Commission Application No. 76056 Application No. 76056 submitted by T. L. Willard. (T.. L. Willard) The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 76056 and the Planning Commission action at its October 28, 1 976 meeting. He stated that the applicant seeks a special use permit for a gainful home occupation at 6825 Drew Avenue North involving the use of a unique accessory structure and related equipment. He explained that the use involved a greenhouse -like structure which would contain the year -round gardening activity known as hydroponic gardening. He stated that this system involved the use of liquid nutrients rather than soil. He further explained that the proposed 16' x 32' greenhouse would be constructed of tubular steel and plastic and would include two 18" diameter exhaust fans at each end of the building. He further stated that the greenhouse was within the ordinance area limitations for accessory buildings and that it would be located in the rear yard. He next reviewed a transparency showing the location of the property and pointed out that portion of the premises proposed for the greenhouse. 11 -8 -76 -4- I A brief discussion ensued relative to home occupations and accessory structures. The Director of Planning and Inspection stated that generally a greenhouse accessory structure, without exhaust fans and other special equipment, would not require a special use permit but because the applicant plans to sell excess produce raised in the greenhouse a special use permit for a home occupation is required. Mayor Cohen recognized the applicant, Mr. T. L. Willard, who stated that this hydroponic gardening endeavor is a family project or hobby. He explained that at this time his family plans to use the produce grown in the greenhouse for its own use and that he would sell the produce to commercial establishments only if there was an excess. He stated that at this time there is no way to anticipate whether or not there will be excess produce to sell. Mr. Willard then commented that the construction of a greenhouse is not contrary to the ordinance relating to accessory structures in a residential area, and that he has 'voluntarily made application for a special use permit because of the possibility that excess produce may be sold to commercial dealers . In response to an inquiry by Councilman Jensen, Mr. Willard explained the lighting process for growing the hydroponic plants and assured the Council that the lighting could be screened so that it would not be a nuisance. Councilman Fignar inquired as to how excess produce would be removed from the property. Mr. Willard responded that the decision had not yet been made, but that it would either be hauled away by himself or picked up approximately twice a month. Public Hearing Mayor Cohen opened the meeting to notified property owners and recognized Karen Duenow, 6824 Ewing Avenue North. Mrs. Duenow stated that she had recently moved into the neighborhood and expressed her opposition to the greenhouse because of its looks. She inquired as to what was proposed to be grown in the greenhouse, to whore it would be sold, and also how the excess would be hauled away. Mr. Willard responded that the appearance of the greenhouse was not in question. He stated that lettuce would be the product most likely grown and that he would either move the excess produce in his own car or it would be picked up by a pickup truck at his home. He commented that there would be no retail activity on the premises Mayor Cohen recognized Mr. Kenneth Senescall, 6818 Ewing Avenue North, who stated that he had submitted pictures of the Willard property for the Council's review. Mr. Senescall stated that Mr. Willard in the past has not lived up to the requirements of various ordinances and that his yard has contained much litter and other obstructions. He further stated that Mr. Willard has tried other experiments on his property, such as keeping bees, that have been a nuisance to his neighbors. He added that the proposed greenhouse would obstruct the view and that the noise associated with it would be a nuisance to the neighborhood. Mayor Cohen asked Mr. Senescall to clarify his statement alleging that Mr. Willard has not lived up to the requirements of various ordinances. Mr. Senescall responded that an inoperable truck with a 1975 registration had, for some time, been parked on the Willard property contrary to City ordinance. -5- 11 -8 -76 Mayor Cohen next recognized Mr. Carlton Fisher, 6807 Drew Avenue North, who stated that he is opposed to the green- house for aesthetics reasons. He commented that the neighborhood is given no alternative to block the site from view. Councilman Britts noted that two of the three property owners that have thus far commented during the public hearing were not heard at the Planning Commission and inquired as to why they were not heard. The Director of Planning and Inspection responded that notices were sent to neighboring property owners and that only the residents of 6818 and 6819 Ewing spoke at the meeting. He stated that the resident of 6812 Ewing was in attendance at the Planning Commission meeting but did not speak, Further discussion ensued relative to notifying residents for purposes of a public hearing. Mayor Cohen then recognized Mr. Delmer Petersen, 6812 Ewing Avenue North, who stated that he was of the opinion that the greenhouse should not be built in the neighborhood for aesthetic reasons. Dave Willard, 5206 Drew Avenue North, who identified himself as the son of the applicant, stated that the proposed endeavor is nothing more than gardening on a year -round basis. Mr. Willard was again recognized by the Mayor. He stated that the proposed greenhouse is a permitted accessory structure according to the ordinance and that the commercial activity related to it, if any, would be minimal. In response to an inquiry by Councilman Fignar, the Director of Planning and Inspection stated that special use permits may be reviewed periodically. Mayor Cohen recognized Kurt Senescall, 6818 Ewing Avenue North, who inquired of Mr. Willard if the produce grown in the greenhouse would be for his own use or if this was a commercial venture. .Mr. Willard responded that the produce was primarily for his own use and if there was any excess it would be sold to produce retailers. He explained that he would either remove the excess produce himself or it would be picked up at his home no more than twice a month. Following further discussion there was a motion by Close Public Hearing Councilman Jensen and seconded by Councilman Fignar to close the public hearing. Voting in favor were: Mayor Cohen, Councilmen Britts Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Councilman Fignar stated that he was of the opinion that in and of itself the accessory structure did not require a special use permit, but that.because of the potential for a home occupation a special use permit was needed. He stated that he favors granting the special use permit but due to the concerns expressed by a number of neighbors the permit should be reviewed within one year..He suggested that the Council consider requiring the applicant to construct a six foot privacy fence to screen the green- house. 1I -8 -76 -6- Councilman Jensen reviewed the objections to the application as put forth by neighboring property owners. He stated that the majority of objections had to do with aesthetics and the amount of noise and light associated with the greenhouse. He commented that it is difficult to regulate aesthetics and that the objections relating to noise and light seem minimal and can be rectified., He added that he was of the opinion that the special use permit could not be disallowed within the frameworl� of the existing ordinance. He further stated that he favors approval of the application provided it is again reviewed within a year as Councilman Fignar had suggested. Councilman Britts stated that there is no reason to deny this application. He noted the concerns of neighboring property owners who spoke in opposition to the application and added that there should be guidelines relative to retail sales, noise and aesthetics as they relate to this application. He also stated that it would be worthwhile to consider a privacy fence for the property as was previously mentioned. Councilman Kuefler concurred with the rationale expressed by the other Councilmen and recommended that approval of the application be subject to annual review. A brief discussion ensued relative to the application with Councilman Britts suggesting that the City Manager prepare_ a resolution approving the application and outlining the concerns of the City Council that have been expressed. The City Attorney concurred with Councilman Britts, explaining that the resolution should specifically list the areas to be reviewed. Action Directing Following further discussion there was a motion by a Resolution Councilman Fignar and seconded by Councilman Kuefler to direct the City Manager to prepare a resolution approving Planning Commission Application No. 76056 submitted by To L. Willard specifically outlining the areas which are to be further reviewed by the City Council. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Recess The Brooklyn Center City Council recessed at 9 :27 p.m. and resumed at 9:50 p.m. Planning Commission The City Manager introduced the next item of business on the Application No agenda, that of Planning Commission Application No. 76057 76057 (Wesley submitted by Wesley Reavely. Reavely) The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 76057 and the Planning Commission action at its November 4, 1976 meeting. He stated that the application was a request for a special use permit to allow rental of trucks and trailers at the service station located at 6900 Humboldt Avenue North. He explained that the site plan had been reviewed with respect to available parking and other factors relative to the capacity of the site to support the proposed activity. He further stated that consistent with prior similar approvals it is recommended that there be no more than four trucks and eight trailers to be confined to the east side of the site in spaces indicated on approved plans, and that the size of trailers shall not exceed the length of 14 feet and that the body length of the trucks retained in normal constant -7- 11 -8-76 inventory shall not exceed 20 feet. The Director of Planning and Inspection next reviewed a transparency showing the location of the property, pointing out the area proposed for truck rental. He also reviewed slides showing the site in question, Mayor Cohen recognized the applicant, Mr. Wesley Reavely, who stated he had nothing further to add to the application. Mayor Cohen opened the meeting to notified property Public Hearing owners. It was noted that no one spoke relating to the application. Following a brief discussion there was a motion by Action Approving Councilman Britts , seconded by Councilman Jensen to Planning Commission approve Planning Commission Application No. 76057 Application No. 76057 submitted by Wesley Reavely subject to the following (Wesley Reavely) conditions: 1 . The permit is issued to the applicant as operator and is not transferable. 2. All parking stalls indicated on the approved plans shall be striped on the lot. 3. Parking of rental units shall be confined to the east side of the site in the spaces indicated on the approved plans. 4. The number and type of rental units shall be limited to no more than four trucks and eight trailers. 5. The size of the trailers shall not exceed a length of 14 feet and the body length of the trucks retained in normal constant inventory shall not exceed 20 feet, Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unan_mously. The City Manager introduced the next item of business, Planning Commission that of Planning Commission Application No. 76060 Application No. 76060 submitted by Donn Flaa . (Donn Flaa) 'The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 76060 and the Planning Commission action at its November 4, 1976 meeting. He stated that the applicant seeks a variance from Section 35 -400 of the City Ordinances to permit a house addition at 6248 Brooklyn Drive which would be which would be six feet rather than ten feet from the side lot line. He further stated that the applicant contends a unique situation exists on this premises and that a hardship would result if ordinance standards were strictly enforced. He explained that the applicant's house was built in 1960 and that the permit indicates the attached garage and family room to the rear of the garage are six feet from the side lot line. He stated that apparently the developer had made an error on the plot plan assuming a wider lot than is actually provided. He further stated that the original eleven foot side yard setback dimension on the plot plan was changed to six 11-8-76 -8- feet in order to accommodate the house and garage on the actual smaller lot, and that permits had been issued. The Director of Planning and Inspection explained that the applicant proposes a 10' x 24' addition to the rear of the family room and that the exterior side wall would be in line with the existing wall of the family room and garage. He next reviewed a transparency showing the configuration of the property in question. Mayor Cohen recognized the applicant, Mrs. Flaa, who indicated that the family room was already enclosed when they purchased the home. Public Hearing Mayor Cohen opened the meeting to notified property owners. It was noted that no one spoke relating to the application. Action Approving Following a brief discussion there was a motion by Planning Commission Councilman Fignar and seconded by Councilman Jensen to Application No. approve Planning Commission Application No. 76060 76060 (Donn Flaa) submitted by Donn Flaa , citing the apparent error in the issuance of the original permit which clearly comprehended the family room, side yard setback at less than ten feet and noting the proposed addition was of such design so as to. retain the established side yard setback of six feet, consistent with the intent of existing ordinance language relative to dwelling additions behind attached garages where the setback distance was less than the required ten foot minimum. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Park Service Area Mayor Cohen recognized Councilman Kuefler who reported Committee that Mr. Jim Hart and Mrs. -Diane Schake have asked to be Resignations replaced as Park Service Area V Committee members. Motion by Councilman Kuefler and seconded by Councilman Jensen to accept the resignations of Mr. Jim Hart and Mrs. Diane Schake as members of the Park Service Area V Committee and to direct the City Manager to prepare resoldtions of commendation, Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Mayoral Appointments Mayor Cohen announced his appointment of Mr. Jerry to Park Service Area Evans, 5049 Brooklyn Boulevard, to the Park Service Area V' V Committee Committee and requested Council confirmation. Councilman Kuefler stated that Mr. Evans is a lifelong resident of Brooklyn Center and a former member of the Brooklyn Center Jaycees. Motion by Councilman Kuefler and seconded by Councilman Jensen to confirm Mayor Cohen's appointment of Mr. Jerry Evans as a member of the Park Service Area V Committee effective immediately for a term to expire December 31, 1976. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Action Authorizing Motion by Councilman Britts and seconded by Councilman Execution of 1976 Fignar to authorize the Mayor and City Manager to execute Audit Agreement a City agreement with Moen and Penttila , Certified Public Accountants, for the independent audit of the City's 1976 financial records. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. -9- 11 -8 -76 r, 1 The City Manager introduced the next item of business, Redefining Election that of a resolution redefining election precinct boundaries Precinct Boundaries consistent with a recently enacted State law. He stated that the purpose of the law is to require election precincts to be defined by identifiable physical features that can easily be determined to insure compatibility with the upcoming 1980 census. He explained that the law requires that these election precinct boundaries be redefined after the 1976 elections and prior to January 1 , 1977. He reported that the new precinct boundaries conform to the State criteria and retain a semblance of balance with a minimum of change. The Director of Public Works next reviewed a trans- parency showing the redefined precinct boundaries as they relate to the old precinct boundaries and to the present school district lines. Member Tony Kuefler introduced the following resolution RESOLUTION NO. and moved its adoption: 76 -152 RESOLUTION ESTABLISHING VOTING PRECINCTS FOR THE CITY OF BROOKLYN CENTER 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. Mayor Cohen reported that he had received a letter from Report on Meadow Mr. Ken Lundgren relating to the recently reviewed plans Corporation/ for Fox Run II submitted, by Meadow Corporation. He Homeowners stated that Mr. Lundgren was appreciative of the oppor- Meeting tunity to review the plans and complimented the Council, the staff, and the developer for their work. The City Manager stated that the results of the meeting between Meadow Corporation officials and homeowners in the vicinity of 69th and Toledo Avenues North was that there were no proposed modifications to the plans reviewed by the City Council on October 18, 1976. Following a brief discussion there was a motion by Action Acknowledging Councilman Kuefler and seconded by Councilman Fignar the Results of the to acknowledge receipt of a letter submitted by Mr. Ken Meadow Corporation / Lundgren relative to a meeting held between Meadow Homeowners Meeting Corporation and homeowners living in the vicinity of 69th and Toledo Avenues North, and to further acknowledge that there are no modifications to Planning Commission Application No. 76041 submitted by Meadow Corporation and that condition of approval No. 13 of that application approved October 18, 1976 is no longer applicable. 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 Final Plat Approval Councilman Kuefler to approve the final plat for Linder's (Linder's 1 st Addition) 1st Addition located between 72nd Avenue North and 73rd Avenue North westerly of Camden Avenue as comprehended by Planning Commission Application No, 76047 submitted 11 -8 -76 -10- by Vern Linder. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Suburban Public The City Manager reported that the City had recently Health Nursing received a request from the Suburban Public Health Nursing Service Service for notification of intent regarding 1977 membership inAhe Nursing District. He stated that the City presently belongs to the Nursing District and has budgeted for participation in 1977 at the rate of 67.8 per capita. He explained that there was a sense of urgency in the request because a number of communities that had formerly belonged to the Nursing District have decided to drop out and are considering other types of home nursing services such as that provided through hospitals. He stated that this is the result of recent per capita increases charged to participating communities. He further explained that in 1972 the governing board of the Suburban Public Health Nursing Service began channeling accrued surpluses into annual operating budgets to offset deficient revenues permitting the continuation of artifically low per capita charges through 1975. The City Manager recommended. continuation in the agreement with the Nursing District through 1977 with an evaluation of the service to determine if there are facts that would justify seeking home nursing service through another arrangement. A discussion ensued relative to the status, structure, and administration of the Suburban Public Health Nursing Service . RESOLUTION Member Maurice Britts introduced the following resolution NO. 76 -153 and moved its adoption: RESOLUTION RELATING TO PARTICIPATION IN THE SUBURBAN HENNEPIN COUNTY NURSING DISTRICT 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. Licenses Motion by Councilman Jensen and seconded by Councilman Kuefler to approve the following licenses: GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE G & H Sanitation, Inc. Gypsy Lane Hollies Rubbish Service 5533 Logan Ave. N. Waste Control 95 W. Ivy St. MECHANICAL SYSTEMS LICENSE Kleve Heating & Air Condo 13075 Pioneer Trail RENTAL DWELLING LICENSE Renewal: Harold Liefschultz Chippewa Park Apts. Isolda Gilles 4715 France Ave. N. Fred M. Seed Twin Lake North Apts. -11- 11 -8 -76 Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Councilman Jensen brought up a matter of recently Crime Statistics released January through September, 1976 crime statistics for Brooklyn Center. He commented that the report reflects a 17.5% decrease in major crimes as compared to the corresponding time period in 1975, and he requested to know how these statistics. correlated with recent claims of the Brooklyn. Center Police Association that the Brooklyn Center crime rate was escalating. He described his appearance at a Police Association candidates meeting at which the candidates were escorted one at a time before the Police Association membership and essentially grilled with no opportunity to debate an opponent. He commented that this was followed by a letter to the editor of the Brooklyn Center Post which constituted an attack upon him without adequate time for a reply before the election thereby violating the Post's own rules prohibiting such unanswerable attacks. He stated that the letter also asserted that the City Council is not receiving accurate information from the City administration while in that very letter the Police Association grossly misrepresented the facts of the crime rate in Brooklyn Center. He referred to his after- election response to the effect that he is guided by information received from the City administration and by the resulting attitude which the citizens have about the quality of services which are subsequently delivered. He commented to the effect that the Police Association's self - serving misrepresentation of facts is a disservice to the public and urged that the press make an effective effort to correct the misrepresentation. He further deplored the violation by the Post newspapers of its own election season standards b permitting such a_letter y p g to be published in the _ last issue before an election.. Mayor Cohen referred to the incident, commenting his opinion that the newspaper had grossly violated its own ethics by printing the letter. Councilman Kuefler stated his opinion that the Police Association should be held accountable for such mis- representations and should at least publicly acknowledge than they misrepresented the facts. He inquired of the City Manager how the Police Association arrived at a contrary conclusion from the crime rate statistics reflected in the official report. The City Manager responded that the Police Association likely had not had ;nor sought access to statistics prior to their public statements about increasing crime rates He com- mented that it is not untypical for Association spokesmen to "shoot from the hip" without factual basis when it suits a purpose He went on to explain that regardless of whether the crime rate goes up, or down, progressive police administrators and knowledgeable individuals buttressed by various demonstration project results strongly content that there is no correlation between such crime rates and the size of the police manpower. Rather he explained it is generally accepted by knowledgeable individuals and observers that the crime rate is a function of societal factors. 11 -8 -76 -12- Councilman Britts questioned the desirability of Council candidates seeking political endorsements from City employee groups, pointing out that he declined an invitation during his last re- election bid to appear before the Police Association for endorsement. He stated that he does not want to be put in the position of being forced to seek endorsements from City employee groups and that possibly this type of activity should be avoided. The City Manager commented that the matter of politicalizing City employees should be a subject of major concern to City Council members and to citizens of the community. He reviewed that over the years it has been the practice of City employees to be seen and not heard during, election periods and to, thus, refrain from any engagement in local political activity. He pointed out that under the Council- Manager form of government employees are provided a clear shield behind which they can perform their duties . without fear of political interference or intimidation and that the unwritten corollary to this benefit suggests that employees refrain from crossing the threshold into political activity and running back to sanctuary to escape any consequences. He commented that up until very recently employees had respected the local political process by staying out of it, but that the Police Association under cover of their union umbrella apparently intend to have the best of both worlds, the benefits of working free of political intimidation while crossing the line to engage in local political campaigns when it suits their purpose. He emphasized that the Police Association activities and statements are not repre- sentative of the Police Department, including police administration and supervisory personnel, but rather at best is representative of those police officers who are members of h t e p olive union A lengthy discussion ensued relative to City employee involvement in local election campaigns, the seeking of endorsements from City employee groups, and the develop - ment of crime rate statistics. In response to an inquiry by Mr. Howard Heck of the Citizens for Better Government, the City Manager gave a detailed explanation of the method for reporting and compiling crime statistics and how the FBI utilizes and publicizes this information. Mr. Heck deplored the misrepresentation of fact by the Police Association spokesmen and further deplored the Association's activities in local political campaigns referring to the Association's endorsement process as an "interrogation Adjournment Following further discussion on the matter there was a motion by Councilman Fignar and seconded by Councilman Kuefler 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 1;1:40 p.m. L / Mayor -13- 11 -8 -76