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HomeMy WebLinkAbout1975 02-24 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 FEBRUARY 24, 1975 CITY HALL Call to Order The Brooklyn Center City Council met in regular session and was called to order by Mayor Philip Cohen at 7030 p.m. Roll Call Mayor Cohen, Councilmen Britts, Kuefler and Jensen. Also present were City Manager Donald Poss, Director of Finance Paul Holmlund, Director of Public Works Jim Merila, Director of Planning and Inspection Blair Tremere, City Attorney Richard Schieffer and Administrative Assistants Ron Warren and James Lacina. Councilman Fignar was excused. Invocation The invocation was offered by Reverend Lynch of the Brooklyn Center Baptist Church Approval of Minutes Motion by Councilman, Kuefler and seconded by Councilman 2 -10 -75 Jensen to approve the minutes of the February 10, 1975 meeting, Voting in favor were, Mayor Cohen, Councilmen Kuefler and Jensen. Councilman Britts abstained. The motion passed fl Approval of Fire Motion by Councilman Jensen and seconded by Councilman Relief Investment Kuefler to approve the Fire Relief Association purchase of $85 , 000 worth of United States Postal Service at an interest rate of 6 -7/8% with maturity date of February 1 1997 Voting in favor were, Mayor Cohen, Councilmen Britts, Kuefler and Jensen. Voting against, none. The motion passed. RESOLUTION Member Maurice Britts introduced the following resolution NO. 75 -43 and moved its adoption, RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVEMENT NOTES The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof, Philip Cohen, Maurice Britts, Tony Kuefler and Robert Jensen; and the following voted against the same, none, whereupon said resolution was declared duly passed and adopted. Authorization for The City Manager next reviewed a draft resolution Participation in authorizing participation in the Hennepin County Alcohol ASAP Safety Action Project. He noted the opinion of the Police Administration that this program has been successful in the past and that it would be a worthwhile program to continue. He briefly reviewed the program noting that the intent was to patrol during periods of high alcoholic driver probability. He further commented that the program was directed towards treatment of the alcoholic driver more than prosecution as a criminal. -1- 2 -24 -75 Councilman Britts inquired as to the possibility of assistance through this program or through the Police Department in providing a ride service to intoxicated people. The City Manager responded that it has not been a practice - :of the Brooklyn Center Police Department nor is it comprehended as part of the ASAP program, He commented that the City did not have the additional resources to provide a taxi service for this type of situation. A brief discussion ensued relative to possibilities for such a ride service. Mayor Cohen sug- gested that the Alano Society be contacted about the probability of providing a ride service of this nature Member Robert Jensen introduced the following resolution and RESOLUTION moved its adoption- NO® 75 -44 RESOLUTION AUTHORIZING BROOKLYN CENTER PARTICIPATION IN HENNEPIN COUNTY ALCOHOL SAFETY ACTION PROJECT The motion for the adoption of the foregoing resolution was duly seconded by member Maurice Britts, and upon vote being taken thereon, the following voted in favor thereof- Philip Cohen, Maurice Britts, Tony Kuefler and 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. 75 -45 RESOLUTION AUTHORIZING PARTICIPATION IN COOPERATIVE PURCHASING AGREEMENT The motion for the adoption of the foregoing resolution was duly seconded by member Robert Jensen, and upon vote being .taken thereon, the following voted in favor thereof- Philip Cohen., Maurice Britts, Tony Kuefler 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 and RESOLUTION moved its adoption- NO, 75 -46 RESOLUTION SUPPORTING MINNESOTA SHARES FOR HUNGER DAY The motion for the adoption of the foregoing resolution was duly seconded by member Maurice Britts, and upon vote being taken thereon, the following voted in favor thereof - Philip Cohen, Maurice Britts, Tony Kuefler and Robert Jensen, and the following voted against the same- none, whereupon said resolution was declared duly passed and adopted, Member Maurice Britts introduced the followin g resolution and RESOLUTION moved its adoption - NO, 75 -47 RESOLUTION AUTHORIZING PURCHASE OF BUDGETED MOBILE RADIOS THROUGH COOPERATIVE PURCHASING WITH THE CITY OF EDINA 2 -24 -75 -2- 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 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. 75-48 and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF A BLUE LINE PRINTING MACHINE The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Approving Plans and The City Manager next referred to the proposed plans and Specifications for specifications for traffic signals at Northway Drive and Signals County Road #10 and Logan Avenue and County Road #10. He noted that the County had proposed these sites for traffic signal locations on the basis of warrants being met and that this proposal was contingent upon the County receiving money under the Federal Aid Urban Funding Program. The Director of Public Works then proceeded with a detailed review of the proposals for the two intersections and the interconnection of traffic lights from #152 to Shingle Creek Parkway and from Shingle Creek Parkway to Logan. He noted that these signals would be synchronized in such a way as to provide a smoother traffic flow in this area. Councilman Britts inquired as to why the specific locations of Northway Drive and Logan were picked and not inter- sections further to the west of Brooklyn Boulevard. The Director of Public Works noted that the past traffic accident history and traffic volumes warranted erection of signals at these locations. There was a brief discussion as to other areas in the City which may be in need of traffic signals. It was the consensus of the City Council to direct the City Manager to compile information regarding other possible signal, needs in the City for discussion at a future Council meeting. The Director of Public Works then reviewed the funding process, noting that the Federal government pays 70% of construction cost and that the remainder is shared 7510 by Brooklyn Center and 25% by Hennepin County. He stated that the City's share would be about $21,942 to be paid from State Aid funds. -3- 2-24-75 i MembET Tony Kuefler introduced the following resolution RESOLUTION and moved its adoption; NO. 75 -49 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR INSTALLATION AND INTER - CONNECTION OF TRAFFIC SIGNALS ON C.S.A 7. NO. 10 AT NORTHWAY DRIVE, AND ON C.S.A. H. NO. 57 AT LOGAN AVENUE NORTH, IDENTIFIED AS COUNTY PROJECTS NO. 7222, 7226, 7331 & 7332 The motion for the adoption of the foregoing resolution was duly seconded by member Maurice Britts, and upon vote being taken the,. =on, the following voted in favor the:° °:: I I . Philip Cohen, Maurice Britts, Tony Kuefler and Ro ) Jensen; and the following voted against the same- none, whereupon said resolution was declared duly passed and adopted. The next item of business considered was Planning Planning Commission Commission Application No. 75003 submitted by Mr. and Application No. 75003 Mrs. Keith Harstad. The Director of Planning and Inspec- (Keith Harstad) tion noted that this application comprehended a proposed plat of a portion of the property known as Lot 2, Block 1. of Shell's Brooklyn Center Addition located at 413 - 66th Avenue North. He stated that the address was the site of a small commercial center which had been approved by the City Council .on September 17, 1973. He then reviewed Planning Commission minutes of the February 13, 1975 meeting. Councilman Jensen commented as to the shape of the parcel, noting that a portion jutted out towards the frontage road adjacent to Highway #169. The Director of Planning and Inspection commented that this land was determined to be a usable parcel in that it could serve as an access point on the various conceptual plans that had been proposed. Mayor Cohen recogn." the applica;it_, Mrs Harstad, who noised that she had nothing further to offer. Motiown, by Councilman Britts and seconded by Councilman Jen,sen tic approve Application No. 75003 subject to two cond`, ions o I o Final plat is subject to the requirements of Chapter 15 of the City Ordinances 2. The final plat is subject to review by the City Engineer. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler and Jensen. Voting against: none. The motion passed. The Director of Planning and Inspection next introduced Planning Commission Planning Commission Application No. 74057 submitted by Application No. 74057 Arthur Treacher° s Fish & Chips, Inc. He noted that this (Arthur Treacher° s item also comprehended a preliminary plat approval for a Fish & Chips) parcel which was previously occupied by a Mobil Oil Station at 6100 Brooklyn Boulevard. 2 -24 -75 -4- Action Approving Motion by Councilman Kuefler and seconded by Councilman Planning Commission Jensen to approve Planning Commission Application No. Application No. 74057 74057 submitted by Arthur Treacher's Fish & Chips, Inc. (Arthur Treacher's subject to the following conditions- Fish & Chips) 1 . Final plat is subject to the requirements of Chapter 15 of the City Ordinances. 2. The final plat is subject to review by the City Engineer. Voting in favor were, Mayor Cohen, Councilmen Fritts, Kuefler and Jensen. Voting against. none. The motion passed. Application No. 74056 The Director of Planning and Inspection also noted that submitted by Arthur pursuant to a condition of approval contained in Applica- Treacher's Fish & tion No. 74056 Arthur Treacher's was submitting a detail. Chips, Inc. of the proposed outside patio tables which would be used in fair weather .months. The Director of Planning and Inspection noted further that these umbrellas would be used only in fair weather months and it was recommended by the Plannin Commission that they be removed at night and in the fall. He further commented that such seating is restricted to three tables. Action Approving Motion by Councilman Britts and seconded by Councilman Planning Commission Jensen to approve Planning Commission Application No. Application No. 74056 74056 Part C s tied ?sea Ar'L ur Treacher's Fish & Chips, (Arthur Treacher's Fish Inc. subject to the following specification-, & Chips) 1 . Noting that such seating is restricted t,,, three tables and that the umbrellas for said tables will be removed at night and �'n the fall. Voting in favor were, Mayer Cohen, Councilmen Britts, Kuefler and Jen�in. Votijag against- none. The motion passed. Planning Commission The Director of Planning and Inspection next reviewed Applicat�cm No. 75002 Planning Cora ,sign Application No. 75002 submitted (Richard Zejdlik) by Mr. Richard Zejdlik. He noted that this application was also for preliminary plat approval pursuant to a condition of approval contained in Planning Commission. Application No. 71026 which comprehended site and building plans for the Marvin Garden Townhouse complex at 66th and Orchard Avenue North. He then reviewed the Planning Commission minutes of the February 13, 1.975 meeting. He explained that since the complex consisted of rental units rather than condominium individually owned units, the plat comprehended the entire site and there were no individual lots or outlots. He further noted that the construction of these units dictated that they be used as apartments rather than sold as con - dominiums, and that the City requires a plat to clarify the legal description. -5- 2 -24 -75 Motion by Councilman Kuefler and seconded by Councilman Action Approving Jensen to approve Planning Commission Application No. Planning Commission 75002 submitted by Mr. Richard Zejdlik subject to the Application No. 75002 following conditions: (Richard Zejdlik) 1 . The final plat approval is subject to the requirements in Chapter 15 of the City Ordinances. 2. The final plat is subject to review by the City Engineer. Voting in favor were, Mayor Cohen, Councilmen Britts, Kuefler and Jensen. Voting against: none. The motion passed. The City Council recessed at 8:40 p.m. and resumed at Recess 9 :00 p.m. Mayor Cohen introduced the next item of business on the Continued First agenda, a continued review of the Housing Maintenance Reading of and Occupancy Ordinance. He noted that the procedure Housing Maintenance at this meeting would be similar to that at the past meeting & Occupancy in that the Council would review the ordinance and the Ordinance proposed changes and then the discussion would be opened up for comments from citizens in the audience. The City Manager briefly reviewed the background of the Housing Maintenance and Occupancy Ordinance for those citize° s who were not in attendance at the previous meeting. He commented as to the housing problem in general and the intent of the code noting that it was to provide for decent, safe and sanitary housing in the City. He noted that the ordinance was based on a model U.S. Public Health Service Code and other municipal housing codes. He then referred to changes that were recommended at the previous Council meeting. He noted that Section 12 -201 regarding the definition of habitable room contained a statement regarding finished basements. He commented that as per Councilman Jensen's request this definition could be clarified to consist of those without floor ccverings, ceiling cc- vering, wall finish, required ventilation, required electrical outlets, and required exit facilities, He then noted a change In Section 12 -408 suggesting that this provision requiring approved security system door locks only be appli- cable to those apartments constructed after May 5, 1969, which was the date of requirement in the Building Code. The next sections reviewed pertained to Section. 12-1201, 1202, 1200 which dealt with the right of appeal and boards of appeal. The City Manager discussed an alternative for an appeals filing fee to be refunded and he briefly reviewed the appeal procedure and the rationale regarding a lay citizens appeals board. Mayor Cohen stated his opinion that the Housing Commission be the initial review board for contested compliance orders. A brief discussion ensued relative to the use of the Housing Commission as the initial review board for appeals. 2 -24 -75 -6- It was the consensus of the Council to change Section 12 -1202 to reflect the possibility for the Housing Commission to be the initial appeal step with its recom- mendations being advisory to the City Council. Councilman Britts inquired as to the applicability of this code to the sale of owner - occupied homes. The City Manager responded that the code did not comprehend the licensing of private homes or inspection of private homes at time of sale, but that there was a good possibility of mandates from the State or Metropolitan Council regarding these matters in the near future, He commented that the Metropolitan Council development framework and the housing chapter of the Metropolitan Housing Guide provide for such policy objectives. He also stated that the City of St. Louis Park presently requires such inspection of private housing at the time of sale and that it seems to be working successfully. Councilman Britts then proceeded with questions regarding various parts of the code. He noted that some sections of the code appeared to be difficult to enforce. The City Manager responded by noting that the language in the code was too, a large extent subjective language much like that of a Health Code, Zon)Ing Code, Sign Code, etc. and there was no doubt that it would present isolated enforcement difficulties. He further commented that he felt the ordinance would have to be enforced with reasonableness and not by employing authoritarian Gestapo type tactics. He noted that the code would be enforced the way the City Council wished it to be enforced and that it would be the Council's responsibility to suggest change. There was a brief discussion as to Section 12 -403 requiring a door on the bathroom facility. The City Manager noted that this was an exten,sion of the Building Code require- ments. Cour.�cilman Britto then inquired as to the City' involvement in neighborhood aquabblesand citizen reporting. The City Manager noted that it was not the intent nor desire of the City to get involved in neighborhood squabbles and that if this did occur, the code would have to be enforced in a reasonable manner. Councilman Britts then commented as to the possibility of a citizen taking the City to court for non. - enforcement regarding such neighborhood type squabbles. The City Attorney commented that the courts are very reluc- tant to get involved in such neighborhood type squabbles Councilman Britts then questioned Section 12 -406 regarding hand rails and the requirement that they not be less than 30 inches high. He commented that he felt there should also be a maximum regarding the height if a minimum height were established. The City Manager suggested changing the requirement to "approximately" 30 inches A brief discussion then ensued relative to Section 12 -704 regarding lead base paint. -7- 2 -24 -75 Councilman Britts then noted the 24 hour requirement regarding drainage of rain water in Section 12 -707. The City Manager commented that this requirement could not be enforced frivolously and that there was obviously a period during the year in which such drainage would be totally impossible. He suggested qualifying this requirement to a period from May through October. Councilman Britts then commented as to Section 12 -805 regarding occupancy requirements and permissible sleeping rooms. He suggested that some felt this provision might be too restrictive. The City Manager responded that this requirement was not as stringent as many codes were. He suggested that this section remain as is and noted that the major cause of dilapidation toward slums is due to over- crowding. Councilman Britts next commented relative to Section 12 -806 regarding access through sleeping rooms to bathrooms. He noted that he was aware of specific instances where houses that existed in Brooklyn Center would be in violation of this requirement. He commented as to the applicability of this code regarding these houses. A brief discussion ensued relative to this problem. The City Manager suggested that this section, should probably be changed to reflect applica- bility only to those houses that were built after 1940. He noted that this would exempt the older homes which were built prior to a local building code which prohibited such arrangement. Councilman Britts next reviewed Section 12 -802 and commented as to habitable rooms and permissible occupancy of a dwelling unit. He noted that he felt in some instances this might exclude existing family units. The City Manager comme 'ted that this requirement was again more reasonable than many codes and more specifically less restrictive than Federal definitions of overcrowding. He noted that the total number of (occupants shall not exceed two tinges the number of habitable rooms less the kitchen in the dwelling unit under thi code whereas the Federal requirement was 1.25 per habitable room. He stated that a typical 1. square foot three bedroom rambler could contain up to 10 occupants under this code and more if the basement was finished. He suggested that thy,; =; was not restrictive. Mayor Cohen then opened the meeting up for discussion. He recc -gn.ed Mrs. Irene Fischer of 6330 Indiana Avenue. Mrs. Fischer stated her concern regarding the habitable rooms definition and the applicability to a basement rec room. The City Manager noted that a single purpose unfinished recrea- tional area did not qualify for the density requirement but that a typical family room or finished basement rec room did qualify as a habitable room and was applicable in determining the occupancy. She further commented as to the bathroom access section and whether it was also applicable to a second bath- room off of a bedroom as is typically found in many homes. The City Manager responded by stating that it was not applicable in this situation. 2 -24 -75 -8- Mayor Cohen then recognized Mr. Steve Engler of 3019 63rd Avenue North. Mr. Engler's comments were directed toward the enforceableness of the code and the language that was used. He noted a concern for the procedure that might be followed regarding inspections. He felt that it would be unfortunate if inspectors were allowed to inspect homes at random and upon demand just by knocking on a citizen's door. The City Manager responded by noting that the Supreme Court made it clear that the inspectors do not have this authority without permission or a warrant. Mr. Engler commented as to whether there might not be a possibility of including some language regarding a pre- arranged time for inspection. Mr. Poss responded by noting again that the code would be enforced in a reasonable way and that when at all possible prior notice would be given. Mr. Engler then req nested that the City Manager describe the appeal procedure, The City Manager responded that the appeal procedure could be triggered only after a com- pliance order war—, issued. by an inspector and was contested. H t He stated that the violator would have five days to appal such compliance order to the Housing Commission. 'then at least five days written notice must be given to the property owner prior to the meeting date at which time the appeal would be heard. Then the Housing Commissions.,, would review the appeal and make a recommendation to the City Counil for a decision.. He noted that an attempt would be made to provide for fast results, probably within a 30 day time frame. Mayor Cohen, next recogn -1,zed Mr. Les Thames, 3613 Commodore Drive. Mr. Thames stated his concern that the proposed ordinance represented over - governing. He stated that he felt it an i,nf ring emaent upon the rights of a property owner of an owner occupied unit to require them to comply wi ; th'.s ordindnuce. He noted that he felt .it. was advantageous to have a code similar to this for rental units but he did not feel it should be applicable to owner occupied units. Mayor Cohen responded by noting that these matters were of definite concern to members of the Housing Commission and that there were complaints regarding owner occupied housing by other citizens as well as complaints regarding rental units. He noted that a housing code was intended to prevent slums and to provide for decent, safe, sanitary housing and maintain a viable housing stock within a community regardless of ownership. Housing Commission Chairman Lou Howard briefly commented as to the Housing Commission purpose and review regarding the code. He noted that such an ordinance was definitely needed prior to the appearance of dilapidated and rundown housing. He stated that it dial not take long for a suburb to turn to a slum area. He briefly reviewed the Housing Commission procedures regarding such code. He I -9- 2 -24 -75 noted that it was time for the City of Brooklyn Center to enact such an ordinance to prevent slums and maintain decent and safe housing, Housing Commissioner Ray Haroldson then commented that he felt the ordinance was people orientated and that it would foster proper housing for citizens of Brooklyn Center in the future. He also noted that it was the Commission's intent to provide a reasonable code which could be directed towards accom- plishing this end. Mayor Cohen then reviewed the changes suggested by the City Council. The City Manager then recommended a procedure regarding passage of this ordinance. He suggested that if it were the Council's desire to approve the first reading of this ordinance, it should seriously consider that no changes be made until after the ordinance is adopted, noting that the reason for this is the cost involved for reprinting the ordinance publication. Councilman Kuefler noted that he felt there was reason for citizen concern regarding too much government, but that in the same vein he did feel that it was necessary for the City to pass an ordinance of this nature to insure decent and safe housing in the future. He noted that he is in favor of the ordinance as changed and that he is confident it will be enforced 1 a reasonable manner. Councilman Je s,�sen also commented that he felt it was a fair ordinance and stated that he would be in favor of a first reading with the suggested changes. Councilman Britts stated that he would be in favor of the ord�.nance with the recommended changes, but that hie also recogn-'zed the concern of citizens who felt it was an infringement upon their private home. He did note, however, that there was a need for ordinances to be adopted to. main- ta n the gluality of life and decent housing. He commented that he felt the enforcement problem could be handled in, a reasomable manner. Mc'_.' ,n by Councilman Jensen and seconded by Councilman Britts to approve the first reading as amended. Voting in favor were-, Mayor Cohen, Councilmen Britts, Kuefler and Jensen. Voting against: none. The motion: passed. Co '-inc'iman Britts left the table at 11:25 p. Member Tony Kuefler introduced the following resolution and RESOLUTION moved its adoption. NO, 75 -50 RESOLUTION PERTAINING TO HENNEPIN COUNTY AGREEMENT NO. PW- 02 -02 -75 REGARDING TRAFFIC CONTROL SIGNAL AND STREET LIGHT INSTALLATIONS AT C. S.A. H . 10 & NORTHWAY DRIVE, AND AT C. S.A. H. 57 & LOGAN AVENUE NORTH 2- °24 -75 -10- 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, Tony Kuefler and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager next introduced a draft resolution approving preliminary plans for pedestrian bridge on Highway #152 over Highway 4100. The Director of Public Works proceeded with a review of the plans regarding the bridge expansion to accommodate a walkway on both sides of the highway. He noted that the traffic in this area definitely warranted such action. He stated that the approximate cost would be $260,000. Councilman Britts returned at 11:30 p.m. He then reviewed the Federal aid funding for the program. r �A RESOLUTION Member Tony K��efler i��troduced the following resolution NO. 75 -51 and moved its adoption: RESOLUTION APPROVING PRELIMINARY PLAINS FOR, AND URGING EKPED'TIOUS CONSTRUCTION OF, A PEDESTRIAN BRIDGE AT THE JUNCTION OF T.H. 152 OVER T.H. 100 The mot.'on 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 and Robert Jensen; and the following voted against the same none, whereupon said resolution:, was declared duly passed and adopted. RESOLUTION Member Tony Ku efler introduced the following resolution NO. 75 -52 and moved it-s adoption: RESOLUTION CORRECTING WATER ASSESSMENT, LEVY #5941, FOR PROPERTY LOCATED AT 801 - 69TH AVENUE NORTH (PLAT 89105, PARCEL 4035) 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 and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION t h following resolution Member Maurice Britts introduced the Poll e g NO. 75 -53 and moved its adoption: RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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 and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -11- 2 -24 -75 The City Manager next reviewed correspondence he had had Discussion of with Hennepin County regarding a capital improvements Hennepin County program and the related status of the Brooklyn Center Capital Programs Regional Library. He stated that much to his dismay the Document priority for the scheduled Library Service Center in Brooklyn Center was now listed below the Ridgedale Library, which was receiving higher priority. He noted that the Brooklyn Center facility was scheduled under this document to be constructed between 1977 and 1979. He stated that he felt this was an insult to the City since the initial construction date was set for 1969. The Mayor noted that he had had a conversation with Commissioner Derus regarding such matter and indicated that there would be a hearing on Monday and Tuesday March 3 and 4 regarding such matter and suggested that someone from the City Council attend these sessions. The City Manager suggested that it should be the position of the City to ask f ®r a deferral on prioritizing these decisions until the matter can be studied further. Member Tony Kuefler introduced the following resolution RESOLUTION and moved its adoption. NO. 75-54 RESOLUTION OBJECTING TO PROPOSED BROOKDALE AREA LIBRAR CONSTRUCTION SCHEDULE 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 and Robert Jensen; and the following voted against the same, none whereupon said resolution was declared duly passed and adopted. Motion by Councilman Britts and seconded by Councilman Licenses Kuefler to approve the following licenses. CIGARETTE LICENSE Pio:r,,eer Dist. Co. 5200 W. 74th St. FOOD ESTABLISHMENT LICENSE Farrells Ice Cream Parlor 5524 Brooklyn Blvd. Holliday fir n. of Brooklyn Center 1501 - 65th Ave. Leirnion Tree 5540 Brooklyn Blvd. Maranatha Baptist Home 5401 - 69th Ave. McDonald's 5525 Xerxes Ave. Mr. D's 6800 Humboldt Ave. Red Owl 5425 Xerxes Ave. Ricco's Cafe 5742 Morgan Ave. Servomiatlon 4301 - 69th Ave. Shopper's City 3600 - 63rd Ave. GARBAGE AND REFUSE HAULER'S LICENSE Away Disposal 7012 - 74th Ave. MOTOR VEHICLE DEALER'S LICENSE - CLASS "A " Bob Ryan's Oldsmobile 6700 Brooklyn Blvd. 2 -24 -75 -12- NONPERISHABLE FOOD MENDING MACHINE LICENSE Brookdale Shell 1505 - 69th Ave. Christy °s Auto Service 5300 Dupont Ave. Homedale Builders 1308 - 69th Ave. Humboldt Avenue Standard 6900 Humboldt Ave. Interstate United Earle Brown Farm 6100 Summit Dr. Sears Brookdale Maranatha Baptist Home 5401 - 69th Ave. Midwest Screw Products 3410 - 48th Ave. Pioneer Dist. Co. Brookdale Towers 2810 County Rd. 10 Servomation 4301 - 68th Ave. J.C. Penney Brookdale Iten Chevrolet 6701 Brooklyn Blvd. J.C. Penney TBA Brookdale Brooklyn Center Civic Center 6301 Shingle Ck. Pkwy. State Farm 5930 Shingle Ck. Pkwy. Allied Store Brookdale Shopper's City 3600 - 63rd Ave. B w5 Wes Standard 6044 Brooklyn Blvd® PERISHABLE FOOD MENDING MACHINE LICENSE Inter. state Un - 111'ed Earle Brown Farm 6100 Summit Dr. Sears Brookdale Midwest Screw Products 3410 - 48th Ave. Rod Hopp Anderson Automatics 4912 France Ave. Pioneer Diet. Co. Brookdale 'Towers 2810 Cty. Rd. 10 Servomation 4301 - 68th Ave. J. C. Penney Brookdale Iten Chevrolet 6701 Brooklyn Blvd. J.C. Penney TBA Brookdale Brooklyn Center Civic Center 6301 Shingle Ck. Pkwy. State Farm 5930 Shingle Ck. Pkwy. Allied Store Brookdale READILY PERISHABLE FOOD FLEET LICENSE Servomatior, 4301 - 68th Ave. Voting in favor were. Mayor Cohen, Councilmen Britts, Kuefler and Jensen. Voting against.- none. The motion- passed. Snow Removal at Councilman Britts inquired as to the possibility of snow Intersections removal at certain busy intersections within the City. The Director of Public Works responded by noting that the County Highway Department was currently in the process of doing such on County Road #10 and that the State Highway Department had conducted this activity on Trunk Highway #152 within the City, of Brooklyn Center. Disallowment of The City Manager next reviewed correspondence from the Special Levies Commissioner of Revenue regarding disallowment of special levies for the 1972 -73 budget and the 1973 -74 budget. He noted that for 1972 -73 the Commissioner of Revenue disallowed special levies for a tax abatement judgment that was ruled against the City in the tax court, -13- 2 -24 -75 the labor negotiation expenses regarding Minnesota Statutes 1971, Section 179.69 , and street sign maintenance program promulgated under the Commissioner of Highways Rules and Regulations regarding a five year street replacement program. He noted that it was the City's contention that these levies did, in fact, reflect mandated activities or new or altered activities resulting from mandates regarding State law or official rules and regulations of a State agency or court decision. He then reviewed the levies for the 1973 -74 budget. He noted that the liquor liability insurance and the surcharge for building permits expense were disallowed under this budget. He commented that he felt the liquor liability insurance levy was a matter that could be handled internally but that there still was a principle to be gained in contesting this issue and the others regarding special levies. He noted especially that of compliance with labor negotiations in a formal written contract. He then reviewed the surcharge levy for issuance of building permits. He noted that there was a definite cost by the City to collect and administer this one per cent mandated surcharge. He recommended that the City Council adopt a motion to authorize the City to appeal these decisions to the Commissioner of Revenues to the Levy Limitations Review Board. Motion by Councilman Britts and seconded by Councilman Kuefler to authorize the City Manager to appeal the Commissioner of Revenue rulings regarding special levies to the Levy Limitations Review Board. Voting in. favor were Mayor Cohen, Councilmen Britts, Kuefler and Jensan. Voting against.- none. The motion passed. Motion by Councilman Britts and seconded by Councilman Adjournment "Jensen to adjourn the meeting. Voting in favor were.- Mayor Cohen, Councilmen Britts, Kuefler and Jensen. Voting against.- none. The motion passed. The Brooklyn Center City Council meeting adjourned at 12 .-05 p.m. a ler- Mayor 2 -24 -75 -14-