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HomeMy WebLinkAbout1975 09-08 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY 01' HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 8, 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 7:30 po rno Roll Call Mayor Cohen, Councilmen Jensen, Kuefler, and Fignar. Also co present were City Manager Donald Poss, Director of 1 Paul Holmlund, Director of Public Works James Me. Director of Planning and Inspection Blair Tremere, Attorney Richard Schieffer, and Administrative Assistants, Ron 'Warren and fames Lacina. Mayor Cohen noted that Councilman Britts requested and is excused for part of the meeting. Invocation The invocation was offered by Reverend Bu.bna of the Northbrook Alliance Church. Approval of Minutes The City Manager recommended a correction to the 8-18-75 noting that an apartment license for Sigmund Bona was, inadvertently left off the draft minutes that were distribalam!d to the Council prior to the meeting. Motion by Councilman Fignar, seconded by Jensen to approve the minutes as corrected. Voting, were: Mayor Cohen, Councilmen Kuefler, Fignar an,d Jensen, Voting against: none. The motion passer! mously. 1976 Budget The City Manager next stated that pursuant to the Presentation provisions of Section 7.06 of the City Charter he wa�� formally presenting the proposed 1976 City Budget t t City Council. He recommended that the Council ledge receipt of the Budget and defer discussion on 1,t completion of the regular business on the agenda. Motion by Councilman Kuefler, seconded by Councilman Jensen to acknowledge receipt of the Manager's proposed 1976 General Fund Budget and to defer the Budget until later in the meeting. Voting in favor were: Mayor Cohen, Councilmen Kuefler, Fignar and Jensen. Votinq against: none. The motion passed unanimously. Final Plat Approval Motion by Councilman Jensen. and seconded by. Council :nau ' Fred Nelson Addition Fignar to approve the final plat of the Fred Nelson Addition 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 of the City Ordinances. 3. The dimensions of the north property line of the new lot shall be 115 feet and the dimensions of the south property line of the new lot shall be 105 feet, thereby creating an average lot depth of 110 feet. -1- 9-8--75 i Voting in favor were.- Mayor Cohen, Councilmen Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. Motion by Councilman Fignar, seconded by Councilman Final Plat Approval Kuefler to approve the final plat for Dale & Davies First Dale & Davies Addition subject to the following conditions.- First Addition I o Final plat shall be subject to the requirements of Chapter 15 of the City ordinances. 2. Final plat shall be subject to review by the City Engineer. Voting in favor were, Mayor Cohen, Councilmen Kuefler, Fignar and Jensen.. Voting against.- none. The motion pa z sed u,inanirnously . Motion by Councilman Kuefler seconded by Councilman R.L.S. Approval Jensen to approve an R.L.S. submitted by LeRoy Smith subject to the following conditions.- 1. Final Registered Land Survey is subject to the require.rents of Chapter 15 of the City Ordinances. 2. The final Registered Land Survey is subject to review by the City Engineer. 3. Final Registered Land Survey shall comprehend the inclusion of Lot 3 and the westerly portion of Cutlet I Dale's Twin Lake Addition. V ino I n favor were.- Mayor Cohen, Councilmen Kuefler, Fignar and ,Jensen. Voting against.- none. The motion MctiEjn by Cc nn :dlman Jensen, seconded by Councilman Declaration of K k�flet tc) '.zlara an obsolete portable megaphone and an Surplus Property u )lete f ,osball table as surplus equipment to be disposed ()f at the City a Tction on. September 20, 1975. Voting in fr - w� r - Mayor Cohen, Councilmen Kuefler, Fignar and Vot'.'ng agaiinst, none. The motion passed unani- M, nicer Fign r introduced the following resolution and RESOLUTION it, adoption: NO. 75 -173 R "SOLI . IC-N PRESSING RECOGNITION OF AND APPRECIATTONT FOR THE DEDICATED PUBLIC SERVICE OF MR. ROBERT HARVEY for the adoption of the foregoing resolution was 1. 's c(dr, �d by member Robert Jensen, and upon vote being fine, following voted in favor thereof, Philip Coli�'E-n, T C)n�`Y Klefler, Bill Fignar and Robert Jensen; and the fc-,11owing vote against the same.- none, whereupon said was declared duly passed and adopted. Member Tony Kuefler introduced the following resolution RESOLUTION and moved .its. adoption, NO. 75 -174 RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MS. PENNY ROBERTS 9 -5 -75 -2- The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Tony Kuefler, Bill Fignar and Robert Jensen, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 75-175 and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MRS. SHIRLEY KOESTLER The motion for the adoption of the foregoing resolut"'.cn was duly seconded by member Bill Fignar, and upon vo"Z� beilng taken thereon, the following voted in favor thereof, 1 '11.�"p Cohen, Tony Kuefler, Bill Fignar and Robert Jensen; - diTld the following voted against the same: none-, where-upon said resolution was declared duly passed and adopted. RESOLUTION Member Robert Jensen introduced the following rest] -.1tion NO. 75-176 and MOVPd its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICEE OF MR. JAMES BRENNY The motion for the adoption of the foregoing re_s,-,11 duly seconded by member Tony Kuefler, and upo. taken thereon, the following voted in favor thereof" Cohen, Tony Kuefler, Bill Fignar and Robert jenseD,, the following voted against the same: none, said resolution was declared duly passed and ado,­.('. RESOLUTION Member Tony Kuefler introduced the following rear lit %� NO. 75-177 and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF PII0 ('C"LOR PROCESSING EQUIPMENT 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, Bill Fignar and Robert and the following voted against the same: none, wlrere pan said resolution was declared duly passed and adopt RESOLUTION Member Bill Fignar introduced the following resolution NO. 75-178 and moved its adoption: RESOLUTION ACCEPTING WORK (CONTRACTED BY C,11Y) 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, Tony Kuefler, Bill Fignar and Robert Jensen; and the following voted against the same: none, where- upon said resolution was declared duly passed and adopted. RESOLUTION Member Robert Jensen introduced the following resolution NO. 75-179 and moved its adoption: RESOLUTION ACCEPTING WORK (CONTRACTED BY CI'T'Y} -3- 9-8-75 The m6 , tlon for the adoption of the foregoing resolution was dtily seconded by member Bill Fignar and upon vote being taken thereon the following voted in favor thereof: Philip Coen, 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. 75 -180 RESOLUTTON DIRECTING PAYMENT TO THE HENNEPIN DISTRICT COURT FOR FINAL DISPOSITION OF CONTRACT 1973 -F The mot cza for the adoption of the foregoing resolution was dj.1y seconded by member Bill Fignar, and upon vote be.`i g ta_Em thereon, the following voted in favor thereof: P' iIJ.p Cohen, Tony Kuefler, Bill Fignar and Robert Jensen; and th ") fodlowing voted against the same: none, where - apc r, .sa °,d rE ss lution was declared duly passed and adopted. Ma°�csr Cc hen stated that the annual special assessment Annual Special hear r: was Q heduled for 8 :00 p.m. and briefly reviewed Assessment Llha prc.Fcedure that would be followed. He stated that the Hearings D .rectc r cf Public Works would present the projects, the Cc cil wr -;a d comment relative to them, and that the h art.: F.1 w , _Jd then be opened to the notified property owners. Tf D .rec tc. r of Public Works then proceeded with a brief r;F� iew f # the special assessment policies, commenting that t , int, :, , reyt rate for special assessments had been set at 8`Xo c c,vnpco <.nded annually The Dir y :toy of Public Works introduced Water Main Water Maim Pr ject No. 1974-11. Mayor Cohen noted that Improvement thvn ..r:;t f_`.ad r .rty owners were not present to speak either Project No. 1.974 -u 1 l;F_ r ; r a g a -­ th,; - propcjsed assessment. Mo or, by Fignar, seconded by Councilman t, C.1 7e -�he viblic hearing on the assessment for Water M &In Improvement project No. 1974 -11. Voting in fa (_r w r - Mai ( Cohen, Councilmen Kuefler, Fignar and en G '° ct �`, aga`n..,t° none. The motion passed unani- hearing introduced was Street Surfacing Street Surfacing r rc; ect No . 19 74 -12 . Mayor Cohen noted that Improvement t _ - m-c"perty owners -m- "pert were not present to speak either Project No. 1974 -12 : _ r (r a M< - "ne proposed assessment. Mc� _ i ') Kuefler and seconded by Councilman w %ti t( rr the public hearing on the assessment for Improvement Project No. 1974 -12. Voting r �x r - Mayc)r Cohen, Councilmen Kuefler, Fignar ar;ai,nst: none. The motion passed r D:!r ,c t%r of pc blic Works next reviewed Water Main Water Main Irr-v�� F =gut project No. 1974-21. Mayor Cohen noted that Improvement "h nc�t d property owners were not present to speak either Project No. 1974 -21 for r aqa =ac_t the proposed assessment. i 9 -8 -f; -4- Motion by Councilman Fignar, seconded by Councilman Kuefler to close the public hearing on the assessment for Water Main Improvement Project No. 1974-21. Voting in favor were: Mayor Cohen, Councilmen Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. Street Surfacing The next project considered was Street Surfacing Improvement Improvement Project No. 1974-22. Mayor Cohen noted that the notified Project No. 1974-22 property owners were not present to speak either for or against the proposed assessment. Motion by Councilman Jensen, seconded by Councilmnan, Kuefler to close the public hearing on Street Surfac1- Improvement Project No. 1974-22. Voting in favor w�, Mayor Cohen, Councilmen Kuefler, Fignar and Voting against- none. The motion passed unanimot Storm Sewer The Director of Puliic Works next reviewed Storm Sew-- r Improvement Improvement Project No. 1974-23. Mayor Cohen noted Project No. 1974-23 that the notified property owners were not present t 'peak either for or against the proposed assessment. Motion by Councilman Kuefler, seconded by Cou.nc1'--' Fignar to close the public hearing on Storm Sewer ment Project I o. 1974-23. Voting in favor were: Cohen, Councilmen Kuefler, Fignar and Jensen . � against: none. The motion passed unanimously. Street Restoration The Director of Public Works next reviewed Street 'L Improvement Project Restoration Improvement Project No. 1973-32. M,;v\ No. 1973-32 Cohen recognized Mr. Paul Rossow representing tl properties at 800 and 711 - 69th Avenue North. 'Tv, . questioned the need for the water main project tually necessitated the street restoration project. stated that he felt the restoration portion of the st=n�•�'- project could be paid for from State aid or County The Director of Public Works briefly reviewed the the water main improvement project. He noted Chat of the affected property owners signed the petition fc-' water main and that there were property owners who we 4e out of water at the time the project commenced. Tho Director of Public Works further explained that State aid monies could only be used for streets that were built 0,, certain standards and not usable for restoration projts of existing streets. Mayor Cohen next recognized Mr. Obray Clerec of 420 - 69th Avenue North. Mr. Clerec also stated his concer'a for the water main project and ultimately the street restoration improvement project. A brief discussion ensued relative to the State aid funds and possible use of them for street restoration projects. The City Attorney commented that even if State aid funds were available it still does not alter the City ability and established policy to assess for th,e project. Mayor Cohen then recognized Mr. Clerec again. Mr. Clerec noted a concern for the depth of the water inain and the increased construction costs. Councilman Fignar inquired ;39 to the equalization of rates regardless of the depth of the main. The Director of Public Works responded by noting that the assessment is based on the unit cost regardless of the depth. -5- 9-8-75 Myer Cohen next recognized the resident of 421 - 69th Averse North. This resident inquired as to the reasons for two saparate assessment hearings regarding the water main Improvement project which was completed last year and the street restoration project which was completed this year. The Director of Public Works responded that the projects are separate improvements and must be a,-sos „d on a separate basis. He commented that it is not, —uncommon for improvement projects regarding street i r�storation and underground utilities to be assessed in different years by the very nature of the completion schedules. Follro wing further discussion there was a motion by Councilman I'ignar, seccndad by Councilman Jensen to close the public hearing on Street Restoration Improvement Project No. 1973 -32. in favor were, Mayor Cohen, Councilmen Kuefler, r i nar and Jensen. Voting against: none. The motion passed Iii r� �xt prc iect (co sidered was Street Surfacing Improvement Street Surfacing Prn -No. 1973 -37. Mayor Cohen noted that the notified Improvement pr )perty (, were not present to speak either for or Project Igo. 1973 -37 a s m t ¢ rte proposed assessment. Motic -:n by Govnm- limn Jensen, seconded by Councilman K �e i r t «j, ci we the p`ablic hearing on Street Surfacing i pro�z� ent Project No. 1973 -37. Voting in favor were: Mayor Corien, Councilmen Kuefler Fignar and Jensen. % ,nq aga,�n t° none, The motion passed unanimously. The D`Irectcr of P:�blic Works next introduced Water Main Water Main i n�pr� ent Project No. 1974 -34. Mayor Cohen recognized Improvement Mr. Mi Dahrn;�ru., 6742 Scott Avenue. Mr. Dahmen questioned Project No. 1974-34 4 ' h e wurk rb of the street repairing on the corner of 68th ,d S tt. He nr, t -ed that there seemed to be a water puddle it is pr6U <�t area. Mayor Cohen responded that this concern wa y,(_ t r :1._r K,rry o the water maim improvement project but a° ,at . t w - ; e brr aught to the attention of the Director of Wc. k :, . The Director of Public Works stated that this w : �-T do ncommon occurrence in cases where blacktop s r -r w: r ; „ t in without curbs, especially in flat areas a s J .!,_, pro ii ect area. He stated that this problem would M ,,, r C �`' n next recognized Mr. Steve Nelson of 6731 Scott. Mr. "ea , -n as to whether the contracts that were let r u C t,r w,�r re open end contracts and if the City would be dF g t da i it lshi -ng work from the yards to the streets. The Works responded that the contracts were . "'x, d o ,: contracts and that part of the contract would involve u it r `nq t"h '.,'ands to meet the streets. Mayor Cohen next rr_ = re ident of 6806 Scott who questioned carrying over from one year to the next and the possible Cr ingo . a - . The Director of Public Works responded that .nvolved would be the amount of interest and c r,tracts that were completed approximately toy q f,� prior to the hearing were assessed for the next y°ar. Couu�Wl,1 an To-n.3-en inquired as to the alleged deficiencies in the c,-,' truct on gt,ality. . The Director of Public Works stated that -he City golds performance bonds to rectify any deficiencies for one year after the completion of the project. 9 -8 -75 -6- Following further discussion there was a motion by Councilman Kuefler, seconded by Councilman Fignar to close the public hearing on Water Main Improvement Project No. 1974-34. Voting in favor were: Mayor Cohan, Councilmen Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. Water Main The next project considered was Water Main Improve rront Improvement Project No. 1974-17. Mayor Cohen noted that the nct",fied Project No. 1974-17 property owners were not present to speak either for or against the proposed assessments. Motion by Councilman Jensen, seconded by Coun� Fignar to close the public hearing on Water Main 1-1)": 'J ment Project No. 1974-17. Voting in favor were- Cohen, Councilmen Kuefler, Fignar and Jensen. Vcjt'Ln,,- against: none. The motion passed unanimously. Sanitary Sewer The Director of Public Works next reviewed Sanita, Sewer Improvement Improvement Project No. 1974-18. Mayor Cohen noted Project No. 1974-18 that the notified property owners were not present t, �Z either for or against the assessment. Motion by Councilman Fignar, seconded by Coun,dilrma- Kuefler to close the public hearing on Sanitary Sewer ImProvemcrit . 1974-18. Voting in favor wer-­ Mayor Cohen, Councilmen Kuefler, Fignar and Voting against- none. The motion passed unanft Storm Sewer The Director of Public Works next reviewed Improvement Improvement Project No. 1974-19. He rev,Jawec Project No. 1974-19 parency of the area, noting the drainage area affl,"-'-' He commented to the change from the hearing est:a,; the actual assessment and noted that there is an storm sewer through a portion of the drainage area this storm sewer would be inadequate to s erve t! when development occurs. A brief discussion. ens I T relative to this improvement project. Mayor Cohen recognized Mr. Paul Rossow represen properties of 711 and 800 - 69th Avenue North. Mr. stated that he does not feel he should be assesse(. for storm sewer improvement project because of the drainage that was provided for by the existing in piac',:,--, private storm sewer. He stated that he felt the project was constructed only to serve the whims of developer to the south of 68th Avenue North. The of Public Works responded that the project was neo for this property to be developed to the highest and 1'�-e use. Mayor Cohen next recognized Mrs. Melba EvQe a�, of 711 - 69th Avenue North. Mrs. Evenson stated he,� objection to the assessment for the project to the effect that she did not feel the project was necessary to drain her parcels in the project area and that she had no iritention of selling her property at this time. She also commented that she did not feel the drainage provided by the storm sewer improvement project benefited her properties and, therefore, could not be assessed to them. The City Attorney commented that in order for the parcel to be developed to -i+--- highest and best use a storm sewer wa�. needed and that in this sense it benefited the property. He also stated that it would be impossible to develop public utilities on little pieces at a time and that orderly dev'elap- and projected uses logically included improvement projects such as this. - 7- 9--8-75 FG11owing further discussion there was a motion by Councilman Jensen, seconded by Councilman Kuefler to close th°e public hearing on Storm Sewer Improvement Project No, 1974 -19. Voting in favor were: Mayor Cohen, Councilmen Kuefler, Fignar and Jensen. Voting against, none. The motion passed unanimously. The Director of Public Works next reviewed Street Base Street Base and and Surfacing Improvement Project No. 1974 -5. Mayor Surfacing Improvement Cohen noted that none of the notified property owners Project No. 1974 -5 were present to speak either for or against the assess - m,ent. Motion by Councilman Fignar, seconded by Councilman Jensen t€ close the public hearing on Street Base and Surfac,inlg Project No. 1974 -5. Voting in favor were: Mayc;r Cohen, Councilmen Kuefler, Fignar and Jensen. Voting again; to none. The motion passed unanimously. The next, pro, "ect considered was that of Curb & Gutter Curb & Gutter Improvement Project No. 1974 -6. Mayor Cohen noted Improvement that none (;f t1he notified property owners were present to Project No. 1974 -6 speak eith�r for or against the assessment. Mf t on by CFA ano: '.lman Kuefler, seconded by Councilman Figs ar t( clo-se the public hearing on Curb & Gutter Improvement Project No. 1.974 -6. Voting in favor were: Mayor Cc hen, Councilmen Kuefler, Fignar and Jensen. Vfotinq agalne t� none. The motion passed unanimously. The next prodec;t considered was that of Water Main Water Main fmprovE� ment Pno,- t No. 1974-1. Mayor Cohen noted Improvement t ai n e x?c titied property owners were present Project Nor. 1974 eit"er to peat for or against the project. Mo e-n by CuTMcilman Jensen, seconded by Councilman 16 see the public hearing on Water Main Ii pro, t PrL ,jecot No. 1974 -1. Voting in favor were: X3 -or CF °t, Coua�cilmen Kuefler, Fignar and Jensen. t':n n(- The motion passed unanimously. The Direct of Public Works next introduced Sanitary Sewer Sanitary Sewer ImProvGmern Prc)jeot No. 1974 -2. Mayor Cohen noted that Improvement c ' t r "'fi d property owners were present to speak Project, No. 1974 -2 YJ c;r a '"t, i ssessment. M .F�:�c �r CE ncilman Fignar, seconded by Councilman Kuleffer t l :_; the public hearing on Sanitary Sewer PrF j'ect No, 1974 -2 . Voting in favor were: Mav r ;oft -r', C c9 ncilmen Kuefler, Fignar and Jensen. n c =e. The motion passed unanimously. 1'h Dire �r of Public Works next reviewed Storm Sewer Storm Sewer -ct No. 19 74-3. Mayor Cohen noted that Improvement t -e ' property owners were present to speak Project No. 1974 -3 *� r cr .gig ._..= Cie assessment. Moti by Cc ncilman Kuefler, seconded by Councilman c'o,e the public hearing on Storm Sewer Improvement Pu jec Nei. 19 -74 - 3. Voting in favor were: Mayor Cohen, Coy mcilrren Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. 9 -8 -75 -8- Street Grading, Base The next project considered was Street Grading, Base & & Surfacing Project Surfacing Improvement Project No. 1974-4. Mayor Cohen No. 1974-4 noted that none of the notified property owners were present to speak for or against the assessment. Motion by Councilman Kuefler, seconded by Counc.ilnziazl Fignar to close the public hearing on Street Grading, Ba e & Surfacing Project No. 1974-4. Voting in favor were.- Mayor Cohen, Councilmen Kuefler, Fignar and Jensen. Voting against: none. The motion passed unaninicu,'-Alty. Curb & Gutter The Director of Public Works next reviewed Curb & Improvement Improvement Project No. 1974-14. Mayor Cohen, Project No. 1974-14 none of the notified property owners were present either for or against the assessment. Motion by Councilman Jensen, seconded by Coin Fignar to close the public hearing on Curb & Gutty.i Improvement Project No. 1974-14. Voting in fava. fy Mayor Cohen, Councilmen Kuefler, Fignar and Voting against: none. The motion passed Water Main The next project considered was Water Main Impr Improvement Project No. 1974-7. Mayor Cohen noted that nane, Project No. 1974-7 property owners were present to speak either for or the project. Motion by Councilman Fignar, seconded by Cou. Kuefler to close the public hearing on Water Main 7`1 ment Project No. 1974-7. Voting in favor were.- Cohen, Councilmen Kuefler, Fignar and Jensen. against: none. The motion passed unanimously. Sanitary Sewer The Director of Public Works next reviewed Sanl't' Improvement Improvement Project No. 1974-8. Mayor Cohen -n:": Project No. 1974-8 none of the notified property owners were presen.t for or against the project. Motion by Councilman Kuefler, seconded by Jensen to close the public hearing on Sanitary Sew - ---.r Improvement Project No. 1974-8. Voting in favor Mayor Cohen, Councilmen Kuefler, Fignar and Jer Voting against: none. The motion passed unanimo�., Storm Sewer The Director of Public Works next introduced Storms Improvement Improvement Project No. 1974-9. Mayor Cohen no A` Project No. 1974-9 none of the notified property owners were present either for or against the project. Motion by Councilmen Fignar, seconded by Jensen to close the public hearing on Storm Sewer 1-4--Iove- ment Project No. 1974-9. Voting in favor were: Cohen, Councilmen Kuefler, Fignar and Jensen. against: none. The motion passed unanimously. Street Grading, Base The next project considered was Street Grading, Bas & & Surfacing Improvement Surfacing Project No. 1974-10. Mayor Cohen noted that Project No. 1974-10 none of the notified property owners were present tc speak either for or against the assessment. -9- 9 -8 -7 � Motion by Councilman Kuefler, seconded by Councilman Jensen to close the public hearing on Street Grading, Base & Surfacing Project No. 1974 -10. Voting in favor were: Mayor Cohen, Councilmen Kuefler, Fignar and Jensen. Voting aga.insto vane. The motion passed unanimously. The Director of Public Works next reviewed Bridge Bridge Improvement I Improvement Project No. 1972-20. Mayor Cohen noted that Project No. 1972 -20 notified property owners were not present to speak either for or against the assessment, Motion by Councilman Fignar, seconded by Councilman Kuefler to c1Gt se the public hearing on Bridge Improvement Project No. 1972 -20. Voting in favor were: Mayor Cohen, Co n.cilrnen Kuefler, Fignar and Jensen. Voting against: none. The mot. -ion passed unanimously. The next project considered was deferred Water Improvement Deferred Water Project No. 1964-1. Mayor Cohen noted that the notified Improvement property ownens were not present to speak either for or Project No. 1964 -1 ago nst the assessment. Motion n by Cf z ncil°nan Fignar, seconded by Councilman Kuefler to close the, public hearing on deferred Water Improve° tint Project No. 1964 -1 . Voting in favor were: Mayor Cohen, Ca acilmen Kuefler, Fiqnar an I T VVot:' g against, none. The motion passed unanimously. the Director of Pt blic Works next reviewed public utilities Public Utilities water h Eps e Mayor Cohen noted that notified property Water Hookups o,wr oen w l;re nc)t present to speak either for or against the PraPosed ass ssrnent. Motion by CF uz , cihnan Jensen, seconded by Councilman Fig ,ar to close the public hearing on assessment of public 2 t 1„as water hookalps. Voting in favor were: Mayor Cohen, Cr lr t r K efler, Fignar and Jensen. Voting against: 'e. T c „gig gassed :unanimously. Th� next ccar - Ldered was that of the assessment for Sanitary Sewer . <an gar w r cu nections . Mayor Cohen noted that none Connections of the Y t.e : property owners were present to speak either aC -- cilman Jensen, seconded by Councilman Kcieff er t c l,, the public hearing on sanitary sewer Voting in favor were: Mayor Cohen, Cc ,l.l N rr K filer, Fignar and Jensen. Voting against: Th ;, rn -'on passed unanimously. The Dare ctor c,f Public Works reviewed sanitary sewer Sewer Installation h Olkups . Mayor Cohen noted that none of the r Fy k x prep arty cwners were present to speak either for cr aga° t ti ae sessment. Mod u ,.,�� 'by Cc nel"Inan Fignar, seconded by Councilman K` . !fier clr se the public hearing on the assessment for public util tle„ sanitary sewer installation. Voting in favor were. Mayor Cohen, Councilmen Kuefler, Fignar and Jensen. VotLing against, none. The motion passed unanimously. 9 -S -7a -10- RESOLUTION Member Tony Kuefler introduced the following resolut and NO. 75-181 moved its adoption: RESOLUTION CONFIRMING ASSESSMENTS FOR WATER MAI',' IMPROVEMENTS 1974-1, 1974-7, 1974-11, 1974-17, 1974-21 AND 1974-34; AND SANITARY SEWER IMPROVEMENTS 1974-2, 1974-8 AND 1974-18; AND STORM SEWER IMPROVE- MENTS 1974-3, 1974-9, 1974-19, and 1974-23; AND BRIDGE IMPROVEMENT 1972-20; AND STREET RESTORATION IMPROVEMENT 1973-32; AND STREET SURFACING TIMPROVI- MENTS 1973-37, 1974-12, 1974-22; AND GRADING, BASE AND SURFACING IMPROVEMENTS 1974-4 AND 1974-1 G, AND BASE AND SURFACING IMPROVEMENT 1974-5; AND CIURB ; AI-, AND GUTTER IMPROVEMENTS 1974-6 AND 1974-14, AN' DEFERRED WATER 75; AND PUBLIC UTILITIES WATER HOOKUPS; AND SEWER CONNECTIONS; AND SEWER INSTALLATION The motion for the adoption of the foregoing duly seconded by member Robert Jensen, and upcxn, being taken thereon, the following voted in favor tl:-­ Philip Cohen, Tony Kuefler, Bill Fignar and Rob�rl. and the following voted against the same: none, upon said resolution was declared duly passed an,` Recess The Brookl� n Center City Council recessed at 9:41"' and resumed at 10:00 p.m. Planning Commission The next item of business on the agenda was Pia Application No. 75030 Commission Application No. 75030. The Direct_'.' (Steve Nelson) Planning and Inspection proceeded with a review c Planning Commission minutes of the August 28, meeting at which time the application was first c-.1 He noted that the applicant, Mr. Steve Nelson, .10 of Lynbrook Bowl, was seeking approval of a permit for the existing day care facility at Harr;~ Methodist Church located at 5452 Dupont AvenuK He stated that the facility is intended to provide children of mothers using the bowling establisher e: programs. He explained that the children are left facility and then picked up by the parents. He that at times there has been a parking problem in this, and that some of the customers have double Parked parked in no parking zones. He stated that this was addressed to by the Planning Commission and Mr. Marvin Nelson indicated he would attempt to rest �2I the problem. Mayor Cohen next recognized Mr. Marvin Nelson senting the applicant. Mr. Nelson stated that he contacted the mothers who leave their children off at trd day care center and notified them of the parking Mayor Cohen next recognized Mr. Johnson of 5459 Avenue North. Mr. Johnson commented that he did not have a problem with the operation of the special us� p&-r for the day care center but only with the people par'kilia ff6ht on his driveway. A brief discussion ensued relatl to the application. The applicant promised that he wo make every effort to make sure the parking problem would be alleviated. 9-8-75 Following farther discussion there was a motion by Action Approving Councilman Fignar, seconded by Councilman Jensen to Planning Commission approve Planning Commission Application No. 75030 Application No. 75030 subject to the following conditions: 1 . The permit is issued to the applicant as operator of the facility and is not transferable. 2. The permit is subject to all applicable ordinances, codes and regulations and violation thereof shall be grounds for revocation. 3. A copy of the current State license shall be kept on file with the City. 4. The applicant shall take appropriate steps inchudinng notification to the customers that the church parking lot be used in lieu of parking on the street, 5. The permit is subject to any review. Votiing in favor were- Mayor Cohen, Councilmen Kuefler, Fignar and Jensen. Voting against- none. The motion passed nanimcusly. The Director of Planning and Inspection introduced Planning Planning Commission Commission Application No. 75031 submitted by Cross of Application No. 75031 Glory Lutheran Church. He again reviewed the Planning (Cross of Glory Church) Commission minutes of the August 28, 1975 meeting noting that the applicant was seeking approval of a special use permit for an existing nursery school operated on the church premises at 590 swing Avenue North. He noted that the operation. is currently licensed as a Christian Day Nursery School. Mayor Coheir opened the meeting up to notified property owners. It was noted that none were present. Following a biuef discussion there was a motion by Action Approving Coy �cilan� efler, seconded by Councilman Fignar to Planning Commission approve flan erg Commission Application No. 75031 subject Application No. 75031 to tCte f( A1,aw' h) conditions: 1 a The permit is issued to the applicant as operator of the facility and is not transferable. 2. The p armit is subject to all applicable ordinances, and regulations and violation thereof shall x - gre unds for revocation. 3. A ccpy of the current State license shall be kept on fl 1a with the City. 4. Trt y p- =;rmit Is subject to annual review. Voting in favor were- Mayor Cohen, Councilmen Kuefler, Fignar and Jensen. Voting against: none. The motion passed una, i ously. 9 -8 -75 -12- Resolution Establishing The City Manager next referred to a proposed resolution. Storm Sewer Improvement establishing Storm Sewer Improvement Project No. 1 97 , 4 1 -6 Project No. 1975-6 and ordering preparation of plans and specifications. he Director of Public Works proceeded with a review of the particular problem area located between 63rd and 64th Avenues and Kathrene Drive and Eleanor Lane. He noted that the original development in this area ignored a "back lot line drainage problem and that the development of tha last vacant parcel in this area caused a significant holding pond for rainwater and snow melt off. He stated that accumulation of water during last spring's rains was ^%er close to encroaching the basements of existing dwellino, units. He reported that Mr. Jorgenson who had de �rd the parcels along Kathrene Drive had offered to pay on behalf of such parcels one-half of the project cost n exceed $4,000 for the construction of a storm sewer pr" ct to rectify this problem. A lengthy discussion ensuefl.' relative to this matter. Councilman Britts arrived at 10:40 p.m. RESOLUTION Member Robert Jensen introduced the following r NO. 75-182 and moved Its adoption- RESOLUTION ESTABLISHING STORM SEWER IMPRC' PROJECT NC. 1975 - AND ORDERING PREPARATICI� PLANS AND SPECIFICATIONS The motion for the adoption of the forgoing resoh.' duly seconded by member Maurice Britts, and a '- =, being taken thereon, the following voted in fav( t' Philip Cohen, Maurice Britts, Tony Kuefler, Bill F' and Robert Jensen; and the following voted again, same: none, whereupon said resolution was d( passed and adopted. Resolution Regarding The City Manager next introduced a draft resolutio�� Disposition of regarding the disposition of Planning Commission Ap,pl.,. - Planning Commission cation No. 75012. Application No. 75012 RESOLUTION Member Tony Kuefler introduced the following N 75-183 and moved its adoption: RESOLUTION REGARDING DISPOSITION OF PLANNI'.\.,'_- COMMISSION APPLICATION NO. 75012 The motion for the adoption of the foregoing resoiu duly seconded by member Robert Jensen, and upon being taken thereon, the following voted in favor there-ol Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fign��,r and Robert Jensen; and the following voted against same: none, whereupon said resolution was declared du.'Y passed and adopted, RESOLUTION Member Bill Fignar introduced the following resolution NO 75-184 and moved its adoption: RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSTON APPLICATION NO. 75018 -13- 9-8-75 The motion for the adoption of the foregoing resolution was duly seconded by member Robert Jensen, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar and Robert Jensen, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Maurice Britts introduced the following ordinance ORDINANCE and moved its, adoption: NO. 75 -13 ANT ORDINANCE AMENDING CHAPTER 1 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Sectic�,n 1: Section 1 of the City Ordinances is hereby amended as follows: Section 1 -11 2 , ANIMAL CONTROL OFFICER. The animal control officer shall have the following duties: b. T( impound any [dog] animal found within Brooklyn Center running at large off the premises of the owner and out of the immediate supervision and verbal cb:mmand of the owner or his agent. Section Y -113. IMPOUNDMENT ADMINISTRATION. The City Manager shall establish [dog] animal impoundment proce-dureo including designation of impoundment facilities, prow -sdon s f rrr notification and release to the owner of i,=-pounded (dogs] animals disposition of unclaimed (dogs] a44 �,a.__, and a schedule of charges intended to cover appre- h, pion and Impoundment costs. Sec' icn,, 2: This ordinance shall become effective after adoption and upon, thirty (30) days following its legal pu (,, n a Adc tlni' 8th day of September, 1975. Th e rnotiun for the adoption of the foregoing ordinance was dull >Ieconded by member Tony Kuefler, and upon vote being taken i :h = r.-(:)��,, the following voted in favor thereof: Philip Coh.e'n, Maurice Britts, Tony Kuefler, Bill Fignar and Robert fens ' -n, and th e following voted against the same: none, whom p said ere " was declared duly passed and M , rnbor fti n'y Kuofler introduced the following resolution RESOLUTION and -moved X"";, adoption: NO. 75 -185 RESOD IGN A s THORIZING EXECUTION OF NONENCROACHMENT Ae'R EL, EMEN'T No. P o W. - 14 -02 -75 BETWEEN THE CITY OF BROOKLYN CENTER AND THE COUNTY OF HENNEPIN FOR FEDERAL AID HIGHWAY IMPROVEMENT Ine mot , cri for the adoption of the foregoing resolution was d -ply 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 j °ensr:m,, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, 9 -8 -73 -14- Licenses The City Manager next suggested three additional licerses for Council consideration. He stated that the Bicentennial Commission and Dayton Hudson had applied for itinerant food establishment licenses which would be contingent upon the Sanitarian's approval on the day of operation. He also stated that the Jaycees applied. for a temporary on.-sale beer license for a one day operation. Motion by Councilman Britts, seconded by Councilma-n Kuefler to approve the list of licenses. MECHANICAL SYSTEMS LICENSE Centraire, Inc. 13025 Pioneer Trail Controlled Air Corp. 3832 Hwy. 13 Suburban Air Conditioning 18419 Center Dr. READILY PERISHABLE FOOD VEHICLE LICENSE Mr. D's 6800 Humboldt Ave. SIGN HANGER'S LICENSE Kaufman Outdoor Ad. Co. 315 N. Washington Av�. Universal Sign Co. 1033 Thomas Ave. Voting in favor were: Mayor Cohen, Councilmen Kuefler, Fignar and Jensen. Voting against: none. motion pC unanimously. Apartment Licenses The Director of Planning and Inspection next reviexA the list of eleven apartment licenses that were is Motion by Councilman Fignar, seconded by CouncA.]-r-�-� Jensen to approve the apartment licenses. RENTAL DWELLING LICENSES Richard & Gloria Myers 7018 Brooklyn Blvd. Ralph & Barbara Virgillo 5001 Ewing Ave. N. Darrel A. Farr, Ray Cunningham, Jim London & Peter Nogueros 4207 Lakeside Ave N. Harold Anderson & John Feyo 4811 Lakeview Ave. INI Richard & Elfreda Ploot 5319-21 Queen Ave. N Curtis Erickson 4809-11 Twin Lake A Ir& Jack & Elizabeth Fahrenholz 620 - 53rd Ave, N. Gary & Vickie Sodahl 610 - 53rd Ave. N. Roger Lundquist 3910 - 65th Ave. 14. Gladys Nelson 4006 - 65th Ave. N'. Dennis Madden, Barbara Thompson, Roger Becklund, Lumir Proshek 3907, 3909, 3911 Ave. N. Voting in favor were: Mayor Cohen, Councilmen Brit Kuefler, Fignar and Jenson. Voting against: none. The motion passed unanimously. Reconvene Budget Motion by Councilman Kuefler, seconded by Councilman, Hearing Jensen to reconvene the Budget hearing. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed, unanimously. -15- 9-8-75 The City Manager next proceeded with a continued review of the 1976 General fund Budget. He stated that two specific areas of relief made the Budget process somewhat easier this year than in previous years, that the State aid increases to local government and changes in the levy limitations .made it possible for the City to reduce its mill levy. Mayor Cohen left the table at 11:15 p.m. He briefly reviewed the changes in the State aids which consisted of a new formula containing 1970 population, mill rate and sales ratio factors. He also commented on a change in the Levy Limits Law which provided for a one time adjust- ment of the levy limit base for those municipalities which were caught up in an unrealistically low levy in the base year of 1971. . He next reviewed special levies which the City was authorized to levy outside the levy limitations and the effect of the fiscal Disparities Act on the budgetary process. He noted the priorities within which Budget recom- mendations were made, stating that the 1976 theme might best be described as accentuating the "need to's" in contrast to the "nice to's" , increasing productivity of existing persemnel resources and increasing attention to energy conservation. Mayor Cohen returned at 11:30 p.m. The City Manager next commented that this was the first Budget proposal submitted in the new format with the use of the new account numbers and the computer capabilities. He then proceeded with a review of the 1976 estimated revenues 'noting that this, portion of the Budget consisted of six sections, these of general property taxes, licenses and permits, :�nergcvernon_tal revenue, charges for services, fines and forfeit and, miscellaneous revenue. Councilman Britts in `:ain= d are to the amount of federal grants and what it con - -'s ed Fof. The City Manager responded that CETA, Civil Defers re" nibursements and Alcohol Safety In Action Program nine manic up the total of the federal grant portion. nc.i1man Fign.ar left the table at 11:35 p.m. A ol b u,f <; lion ensued relative to the revenue estimates. Mayer C , ,)1h; -- corrrmonted briefly as to the Revenue Sharing pcilcy. Thk- City Manager referred to recent proposed changes in R a ,- -- i. o Searing regulations and Brooklyn Center's policy resat A to the use of Revenue Sharing funds. He stated that .5� did not fo,,;l that Brooklyn Center would be fatally affected if R e ,r u< Sharing would be cut off because the funds have not been expended to create new programs, but rather have bE� en uscd f . r, capital outlay. Counc-ilm,ar Fignar returned to the table at 11:45 p.m. The Cit - Manager next reviewed the 1976 resume of appro- priat!�ns and expenditures for budgeted funds. He noted that this portion consisted of two distinct components: those of the General fund which were subject to tax levy limitations and those expenditures not subject to tax levy limitations such as debt retirement, retirement funds for PERA and Social Security, Firemen's Relief Association, and Policemen's Pension funds. 9 -8-75 -16- A brief discussion ensued relative to the pension funds and the recent problems with public employee pensions. The City Manager noted that the Brooklyn Center public safety pensions had most recently undergone an actuarial study in December, 1974 and in both cases the pensions are is excellent condition. The City Manager then stated that the remainder of the Budget consisted of a breakdown of each of the functional accounts, the clerical and technical salary ranges: and classifications based on 1975 salaries, table of mill rate for local taxing units, taxes payable in 1975, anal_ r s° real estate taxes on a $30,000 home in Brooklyn Centa, distribution of the property tax dollar, and sample r� tions of Budget adoption; He recommended adjourning the Budget hearing at thi t'l' �- and reconvening on September 15, 1975 for continued in -depth review of these specific accounts. Motion by Councilman Kuefler, seconded by Councilman Jensen to adjourn the Budget hearing until September 15, 1975 at 7 :30 p.m. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen.. Votive °c against: none. The motion passed unanimously. State of the Councilman Fignar reported that the Housing Comr; City Tour was planning a tour of the City to examine housinf ' in the City and suggested that it would be worthw''' a0 the Planning Commission and City Council to join in this venture. Adjournment Motion by Councilman Kuefler and seconded by Jensen to adjourn the meeting, Voting in :favor were;° Mayor Cohen, Councilmen Britts , Kuefler, Fignar and Jensen. Voting against: none. The motion passed +jnani- mously. The Brooklyn Center City Council adjourned at 12:15 a.m. Jerk Mayor -17- 9 -8 -75