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HomeMy WebLinkAbout1976 08-09 CCM Regular Session MIN1jTES O-F THE PROCEEDINGS OF THE CITY COUNCIL OF THE CF OF' BROOKrZN CENTER IN THE COUNTY OF HENNEPTiN AND THE STATE OF MINNESOTA REGULAR SESSION A 9, 1976 CIP( HALL Call to Order The Brooklyn Center City Council met in regular 7,es5iolll and was called to order by Mayor Philip Cohen at 7::30 ". Tn. Roll Call. May --r -..'ohen, Councilmen Britts, Kuefler, Fignar, and Ai so pr sflntwere City Manager Dona ,d Dirrictcr of Publl.c M� rila, D of li: Hoiral Dir,- of Planning and IrF,�ncticn Blair '1,'rer,-jerE, and Administrative Ass-iEtanrs Ler.7, Beiis"ey and Ronald ✓arr��m Invocation lrf�--- in was by Pastor Carl Backie of tht Brookiyn Center Evangellical Free Church. Approval of M]"nutes MIntion �.ouncil!nan F,',zrna� anl� seoo-n6ed by 7-26-76 Councli'man J'enscn to ap tho minutes of thl- Puly 26, i Cit Coun� m as subrnitted. Mfcyor Coj-�ar., Councilmen Kuefler, Fignar, aid 'Tens�in. Vot din: a a,- nst, none. Councilman I - j Britt abstained as w,:is nclZ �.t tl-at meeting. The motfor. Passed. RESOLU 1 r 1� Memher Maurice Britts int'rc the following NO. 76-100 resohition and mov,�d Its adoption. R E 0 j_ PT 101 A PPRC7 TVr � ID SP TFI-% J'Toj S 1 - L _%;-,) AZ FOR DE1 WEILL A AND DIREJTIVTPROVEMEI'��`, OTFC N 0. 1976- (WELL - - R ; , T T 4 01) CT ING, '' 'ID)VERTISEM EL"NT FOR BID:) Tllti r the adon` 0 'orecao`ng L dul secondled by rrz r; y Tc)ny Ku.efler, and vofe.� ibcing talken t` � `Loll wing voted in favor ��rlti- Tory Klj(�fler, Cc 1" r-r% i it, and Robert jens �r th;,�� following voted t same: nnnE', wlhieree,�oon said resolution WaS duly pamse,-j and, adapted. T 11,1 rr. -i ',%-,n% - t"ho. following resolution RESOLU7 Me J, .1 -! Kljefl �r - . 76 -.10l and Jt, adoptAlon: R -T'S(�LI;'TiON PRGI[ITISTI INI J�A OF 1 �.�i I OL , SANJTAR'i' OR STORM SEWER I_TNT,-S WITHIN 50 FEET OF PROPOSLE) DEEP WEL.J. NG. 8 rfh(? notic, for the adoption --f tie foregoing resolution w;- duly seconded b member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, B11J. Fignar, and Robert fensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Mayor Cohen left the table at 7:36 p.m. and returned at 7-37 p.m. 8-9-76 Member Robert Jensen introduced the following resolution RESOLUTION and moved its adoption: NO. 76-102 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) The motion for the adoption of the foregoing resolution was duly seconded by member Maurice Britts and upon 1 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 -103 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) The motion for the adoption of the foregoing rer-oluti.on 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 Tony Kuefler introduced the following resolution RESOLUTION and moved its adoption: NO. 76 -104 RESOLUTION ACCEPTING BID FOR FINE AGGREGATE FOR SEAL COAT MATERIALS 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 my passed and adopted. The City Manager introduced the next item of business Window Inserts on the agenda, that of a resolution recommended for the for Civic Center purpose of recognizing a quotation error associated with a previously authorized acquisition of window inserts for the Civic Center complex. He briefly reviewed the original acquisition authorization and the need for the n.ew window inserts. He explained that these windows are der.*, so that the present windows in the Civic Center complex will have the effect of a thermo pane window, which will result in less heating and cooling l.o . He stated that it is anticipated that the cost of tho window inserts would be amortized in approximately five years due to the savings in heat and electricity. The City Manager explained that Resolution No. 76 -56 authorized a quotation for these window inserts and that DeVac, Inc. had submitted the lowest quotation. He stated that recently the Controller of DeVac had informed the City Clerk that the quotation for these inserts was less than their cost and that DeVac had declined to execute the contract. He further stated that DeVac has now offered to furnish the window inserts at cost, amounting to $3,124.65, which is lower than any other quotation previously received. 8 -9 -76 -2- A brief discussion ens wed relative to the cost difference between the new DeVac quotation and that of the next lowest quotation. The City Manager stated that the quality of the DeVac product is better than that repre- sented by the next lowest quotation. RESOLUTION Member Robert Jensen introduced the following NO. 76 -105 resolution and moved its adoption RESOLUTION AMENDING RESOLUTION NO. 76 -56 AUTHOR1ZING PURCHASE OF 185 STORM WINDOWS FOR THE CIVIC CEIOaTER. The ""ioti n for the adoption c the foregoing resol- ticn was du.j.v seconded by rrl,E;r Maurice Britts, and upon taken tit "a, th e , following voted In fa7 "r?r thereof-, Philip Co.heni, Maurice Britts, Tony Kuefler, Bill Fignar, and Robert and the following voted again. tho same none,, whereupon said re solution, wag, decldred duly passed and adopted. Charter Amendment In consideration of persons in attendance the City Manager n�corrtmer.d'ed that tE.. Clity i_Jouncil next address:, an ordinance dmending Chapter 6 of the City Charte=r cfiered this e v n`,ng for second reading and a d G Mayor r ohj, stated tfi�at the ordinance was first read on J 1 2 , 1976 and published on Jpi,l °y 15 and July 22, 1976. He brT•fl,,T reviewed the State law relative to Charier amendments by ordinance, noting that the ordinance must be adapted unanimously; that the ordinance would not take. affect until, ray day aft.er < sdoption, and publication; and that them: is a 60 day challenge period. Public Hearing Mayor Cohen opened the .meeting for purposes of a public hearing on the proposed ordinance and recog- nized Mr. Gene Lh`atka, 6035 y. y ndate Avenue North. Mr. Lhotka stated that lie is a rand date for the �rity Coun(7 1 and has been "doorknocl i.ng" and distributing a questionnaire relating to the Fire CLL "hi.ef issue. Fie f xpir-aina ,d that his questions wire related to who should confirm th,, appointment of ii Fire Chief, and that the 388 res'r,on.ses indicate the following: 1 .8% feel the City Manager should confirm the appointment; 1.3% feel the Mayor should confirm: the appointment; 91.8% feel the City c_ =ouncil ,should c onfirrrl, the appointment; 1 .6% feel thy: Fire. Department should confirm the appoint - raent; and the remainder indicated other or no preference. Mr. Lhotka completed reading a prepared statement, expressing his appreciation to all those who had con- tributed to the solution of the problem. Mayor Cohen next recognized Mr. Gary Market, attorney for the Fire Department. Mr. Market referred to a letter from the City Manager to the Assistant Fire Chief, which indicated that the City's Personnel Consultant would be presenting documents to the Fire Department b August 10 which would enable the Department to accomplish the tasks involved. Market stated that the Fire Department feels it unnecessary to participate in these tasks, but that in a spirit of com- promise they would participate, He further stated that -3- 8 -9 -76 it is possible for an oral interview board to be estab- lished by August 16, and reported that the Fire Department would submit its peer evaluations and personnel reports to the City Manager by August 23. He commented that it was anticipated that the oral interview board would convene and make its report during the week of August 23 and that the City Manager would make his appointment for Council confirmation by the first City Council meeting in September. Mayor Cohen inquired if there was anyone else that wished to be heard; there being none, he closed the public hearing. Councilman rensen inquired if Mr. Lhotka, in his comments, was suggesting that the proposed Charter amendment be changed based on the results of his questionnaire. He further inquired if Mr. Lhotka would use statistics based on 2% of the voting population as a basis for making a decision. Councilman Britts pointed out that Mr. Lhotka's statistics indicate that 91% of those responding agree with the current procedure wherein the City Council confirms the appointment of a Fire Chief. Mayor Cohen stated that the results of the survey indicate that 91% agree with current practice and with the proposed Charter amendment. Councilman Jensen requested a clarification from Mr. Lhotka. Mr. Lhotka responded that the survey question was "who should confirm the appointment of the Fire Chief - the City Manager, the Mayor, or the City Council ?" Mayor Cohen again emphasized that the survey results indicate concurrence with the established Charter requirements that the Council confirms the City Manager's appointment of a Fire Chief. A brief discussion then ensued relative to the proposed ordinance and Charter amendment. In response to an inquiry by Mayor Cohen relating to the oral interview board, the City Manager stated that the selection of a Fire Chief is not directly dependent upon how soon the oral interview board meets, but rather on how long it takes to accomplish the board's task of making a recom- mendation. He further stated that it is possible that an oral interview board could be established by the end of the week, and that once the oral interview board report, the supplemental personnel report and the peer evaluations are submitted an appointment can be made prior to the end of the month. Councilman Britts expressed his appreciation to all persons who had contributed to the resolution of the Fire Chief issue. Member Maurice Britts introduced the following ordinance ORDINANCE and moved its adoption: NO. 76 -12 AN ORDINANCE AMENDING CHAPTER 6 OF THE CITY CHARTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: 8 -9 -76 -4- L Section 1 . Chapter 6 of the City Charter is amended as follows: Section 6.02. POWERS AND DUTIES OF THE CITY MANAGER. Subdivision 3. (a) Subject to the provisions of p aragraphs b and (c) of this Subdivision the Cit Manager [He] shall appoint, upon the basis of merit and fitness and may suspend or remove upon the basis of merit and fitness, and upon the provisions of all applicable ordinances, all officers and employees of the City, except the City Attorney, whose appointment and removal shall be at the discretion of the Council. Appointment and removal of department heads shall be made final only upon a majority vote of the Council. (b) The Fire Chief shall be; a Volunteer who shall be appoir .i:ed from the members of the Volunteer Fire Department. Procedures for the appointment, suspen- sion and removal of the Fire Chief shall be as set forth in Paragraph (a) of this Subdivision. Appointments and promotions of all other members of the Fire Department shall be by the Fire Chief but ;Shdil be made final only upon approval of the City Manager. Suspension and remov of all other members of the Fire Department shall be by the Fire Chief with the prior approval of the Cit , Manager. All appoint ments, promotions, suspensions and removals of Fire Department members shall be on the basis of merit and fitness and u2on the roY is ons of all applicable ordinances. Section 2. This ordinance shall become effective after publication and ninety (90) days following its adoption: Adopted this 9th day of August, 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. Planning Commission The City Manager introduced the next item of business Application No. 76011 on the agenda, that of the disposition of Planning (Dr. Robert Schell) Commission Application No. 76011 submitted by Dr. Robert Schell and tabled at the June 28, 1976 City Council meeting. He stated that the City has received a letter from Dr. Schell requesting that his rezoning request be withdrawn because the owner of the property in question has decided not to sell. Action Accepting Motion by Councilman Fignar and seconded by the Withdrawal of Councilman Britts to accept the withdrawal of Planning Planning Commission. Commission Application No. 76011 submitted by Dr. Application No. 76011 Robert Schell. Voting in favor were Mayor Cohen, (Dr. Robert Schell) Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. -5- 8 -9 -76 Mayor Cohen left the table at 8023 p.m. The City Manager introduced the newt item of business, Planning Commission that of Planning Commission Application No. 76025 Application No. 76025 submitted by United National Corporation. (United National Corp,) The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 76025 and the Planning Commission action at their May 6, 1976 meeting. Mayor Cohen returned to the table at 8;25 p.m. The Director of Planning and Inspection stated that the applicant was seeking preliminary plat approval which represents a consolidation of the 18 contiguous parcels and one detached parcel owned by United National Corporation at 57th and Logan, commonly known as Northbrook Shopping Center. He further stated that the preliminary plat approval comprehends a seven foot walkway easement to be provided across proposed Lot 5 and part of Lot 3 in the vicinity of the former service station on 57th Avenue North. He noted that the Planning Commission had also recommended that the two parcels at the southwest corner of the center, currently owned by Acme Typewriter Repair, be included in the plat. Ile next reviewed a transparency showing the location and configuration of the property in question pointing out the six lots contained in the plat. A brief discussion ensued relative to a County Highway Department suggestion that the Morgan Avenue entrance into the shopping center at 57th Avenue North be eliminated, as a means of improving the traffic situation In the area. Mayor Cohen expressed his concern for the traffic problems associated with the entrance in question. The Director of Planning and Inspection stated that the staff has been working with the applicant on this problem and that hopefully it can be rectified during the site and building plan review. Mayor Cohen recognized the applicant, Mr. Ron Blake, and inquired if he was aware of the need for changes in the traffic design of the shopping center. Mr. Blake responded that he has obtained the services of a traffic engineer as a consultant and that they are aware of the traffic flow problems. Councilman Jensen questioned the applicant as to the use of Lot 5, the old Gulf Oil Station, and whether or not another service station is planned for that parcel. Mr. Blake responded that the old building would be removed and that it is not in their plans to have another service station there. City Attorney Richard Schieffer arrived at 8:35 p.m. Further discussion ensured relative to the need for a number of separate lots in the plat and the present problems of assessing the area in question. Mayor Cohen stated his concern that a freestanding, high impact business might be located on one of the separate lots rather than having a more desirable continuation of the shopping center. The City Manager responded that it would be nice to have this area platted into as few lots as possible but pointed out that the area is an already developed 8 -9 -76 -6- shopping center. He stated that, regardless of the platting, further development of the area is still subject to ordinance requirements and that the use is limited. Action Approving Following further discussion there was a motion by Planning Commission Councilman Kuefler and seconded by Councilman Britts to Application No. 76025 approve Planning Commission Application No. 76025 (United National Corp.) submitted by United National Corporation subject to the following conditions: 1 . The final plat is subject to review by the City Engineer. 2. The final plat is subject to the requirements of Chapter 15. 3. The final plat shall include the property at the southeast corner of the site commonly described as 1900 57th Avenue North. 4. A seven foot walkway easement, across proposed Lot 5 and part of proposed Lot 3, shall be granted to the City as indicated on the approved preliminary plat and as approved by the City Engineer. Voting in favor were Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Freeway Noise The City Manager introduced the next item of business, Abatement Report that of a report by the Director of Public Works on noise abatement proposals- for FI--94 between Brooklyn Boulevard and the west City limits. He stated there, has been some discussion relative to extending noise abatement structures east of Brooklyn Boulevard to the Xerxes Avenue overpass, but that to date no such proposal has been formalized. The Director of Public Works proceeded to review slides showing portions of the areas proposed for noise abatement structures and also various materals being considered for these structures. Mayor Cohen left the table at 8.52 p.m. and returned at 8:54 p.m. Councilman Britts left the table at 8-54 p.m. and returned at 8:56 p.m. The Director of Public Works next reviewed the types of materials preferred by persons in attendance at a recent public meeting for use as noise abatement walls. A brief discussion ensued relative to the alternative types of materials and the size and the aesthetics of these noise abatement structures. The Director of Public Works reported that persons in attendance at the various meetings favored a proposal for earthen berms for noise abatement purposes rather than a wall structure, but that they would rather have a noise abatement wall than wait two years as was indicated by the Highway Department for completion of an earthen berm. He further reported that Mr. Marvin Gordon, the owner of the property adjacent to and -7- 8-9-76 south of FI -94 between Brooklyn Boulevard and Noble Avenue, has submitted a letter in which he agrees to sell, either to the City or the State for $10,000, the property on which a proposed earthen berm noise abate- ment structure would be located. Further discussion ensued relative to the projected two year delay. The Director of Public Works explained that the Highway Department, when making their two year estimate, was not aware of Mr. Gordon's willingness to sell. He further explained that various federal requirements would have to be met, such as an appraisal of the property to assure the seller of a fair price, which might cause some delay in the earthen berm project. Discussion then ensued relative to the tax delinquent land on which noise abatement structures would be built on the north side of the freeway and the related problems in maintenance costs associated with the small strip of open space that would be created. The City Manager commented that it would be best to have these structures located as close as possible to City frontage roads on the north side of the freeway in that the maintenance costs and other problems in these open areas would be reduced. Mayor Cohen left the table at 9:18 p.m. and returned at 9:20 p.m. The City Manager stated that preliminary review of the noise abatement proposal will be an item on the August 23, 1976 City Council agenda. The next item of business was a status report on the Alley Improvement alley improvement program, The Director of Public Works Report proceeded to show slides of the completed alley projects and the various unpaved alleys in the City, pointing out the contrasts. He stated that there are sixteen alleys in the southeast and southwest sections of the City, five of which have been paved and that presently there , Is one outstanding petition. He explained that the cost to the property owners for the paving project runs between $6 per assessable foot and $12 per assessable foot depending on the extent of paving and whether or not the project requires storm sewers. A brief discussion ensued relative to the alley maintenance policy. Mayor Cohen requested the City Manager to develop information relating to maintenance costs for unpaved alleys. As a point of information, the City Manager reported that MTC Bus Routes the Metropolitan Transit Commission does not propose to discontinue the bus service on 65th Avenue North between Xerxes and T.H. 152 at the present time. Motion by Councilman Kuefler and seconded by Councilman Licenses Fignar to approve the following licenses: 8 -9 -76 -8- ITINERANT FOOD ESTABLISHMENT :LICENSE Brooklyn Center DFL Club 4013 58th Ave. N. (Pioneer Festival) Brooklyn Center Jaycees 5456 Girard Ave. N. (Pioneer Festival) Brooklyn Center Mrs. Jaycees 2207 55th Ave. N. (Pioneer Festival) Brooklyn Center Republican Party (Pioneer Festival) 7037 Dupont Ave. N. Shopper's City, Inc. 3600 63rd Ave. N. Voting in favor were Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Request to be Councilman Kuefler announced that he would be out of Excused town for the August 23, 1976 City Council meeting and requested to be excused. Adjournment Motion by Councilman Jensen and seconded by Councilman Britts 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 9 :30 p.m. Clerk Mayor - 9 - 8 -9 -76