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HomeMy WebLinkAbout1975 09-22 CCM Regular Session PROCEFDIINIGS OF THE CITY COUNCIL OF THL � )7 BROOKULTO MER 114 THE CC) UNILY OF FIENNUIN Allv'!_) J.'HE STATE %F M_,XNESOTA RIEC3ULAR SESSION SE?TEMBER 22, 197,. Cl�_'Y HALL Call to Order The Brqokl Center City Council met in regular session and was calf:(:( to ordk.� r by Mayoi PriAp Cohen at 7: p_rn., Roll Call Mayor Cohen, Counzilmen fenzar, BrAts, and Kuefien Also present Manager Ross, Director cf Public Works kinrila, Eqrectcr Finance Paul Hol-rralund., Ehrector cl Pianning an.r, 1.r,,; Blair Trerrere, City Attorney Richaid Salinffer and r. - mini stra tive Assistants Ron Warren ani 1_3cina. Mayor Ochis; MY corresnon6ence from Councilman Fignar indicat0g Win do per riaticco month earlier, hr wcould be OUt Cf Mr t"hS SEq1tenbur 22 (Council meetlng and, therefore, raquestod and U r1XQjSeK RLS Approval Mod ern: b Grur slim ar; BrAts, seconded by Councilman f(,n,sem t,_; "anpr7 • e tne Rj . , ; "ted by David in Planning Carmoinsion Api0rathn No. 75020. Votlr;g La favor were: bhna OlVen, QDwicUmon Britts, Kuefler jensen. ic�tT tons. Th i' :'n passed Performance Bond Mot!r_ ZjVwi ­-3conded by Release Britt; to rennn the guarantee City in the arqvuAt Y $1 , 6 ,0 for Kil"" ')Vements to the apa", ;TV 71 r s _�- of Planning an_ tion stated that Qrn- i_onsisted of the Of two garign. nd sonding. Voting in favor ivere: Ma' or Cohen, 0 300n Kuefler and Qncec. Voting against: riow, 'r'hc po­ un.anim(-,uF Reduction of - )ection next revie a _PeDrforrran.ce Bon cf a j_­.-,- bond from S�,000 to $ fcr 7- "n takn Alanj 009ty, Motion by Gr, K" eve . I ocaolnd 1q CcunrY. 'i Britts to reduce the Twin Tako Mono Karjuty '_ the City from $6,00*00 to 53, Un, vt�,7 !.:. _f%ik7or" - wor( ., + + "Aayor Cohen, Councilmen nV 4nren. ToYag against: none,, The motion pasFed Unanow U, � 1 r3g t IVF, '17, Britt. s conded by Councilman 44-rM Tensen to :6corpreija the 1976 Budget hearing. Votinq in favor were: Wyor Oak% Councilmen Britts, Kuefler and Jensen. V oting 1 900: z t: The moton passed unanimously. JM 3 Yo - C e that thF, City Council would IDO-, d0iberning on the matter of the recommended personnel coui,plement the fire Dep6rtment budget, specifically the Cit; JVar re, co mrncnda* ion for a full Chief/ Mar hit; a K ­, „ llined that the ,ity Manager would. present his proposal and j fur a full-time Fire Chief/ Marshal,that a Fire Department representative had been invited by thp. (7,ity Manager to present comments reflecting the position of the Fire Department, that additional comments would be accepted from interested citizens, and that the City Gou would ',I en deliberate and act on the matter,. -1 - 9-22-7$ The City Manager then proceeded with a r wiew of his pro - posal for afull -time Fire Chief /Fire Tviarshal. He emphasized that the proposal was not impulsi'; arrived at but rather evolved over a period of many 'months and after consideration of many alternatives. He suggested that the issue is whether a full -time Chief /Marshal is the best alternative for meeting increasingly complex fire service needs of Brooklyn Center. He emphasized that the issue does not concern the quality of past fire service, the professionalism of the existing and past fire service, whether the volunteer Fire Department gains or loses a measure of control, the qualifications and atti- ibutes of individuals, simply emulating one or more other coimmunities , simply how to meet fire'inspection needs, nor simply whether alternatives were considered. He reviewed the transition of the community and its related volunteer fire service from a rural village through the intensive development years to the urbanized community which exists today. He pointed out that the volunteer department in the early years was almost exclu- sively concerned with fire suppression and that it opE;rated relatively independent of village government, while during the late 1950's and early 1960 °s the residential developrrcent boom created new fire service needs and a closer relationship with village government. He described the urbanization period com- mencing in the mid 1960Bs, its effect on fire service needs and its stimulation of a total governmental reorganizatioin through adoption of a new City Charter which, among other things, formally incorporated the volunteer Fire Department into the City administrative structure. He commented that the former Fire Chief and he had agreed over the past two year,, that the range of time demands to effectively manage the FirE� Department operation exceeded the capacity normally associated with part -time service, and that the departure of the former Fire Chief suggested that the position be made full -time in nature. The City Manager asserted that a part -time volunteer Chief cc ld not reasonably be expected to devote more than three hours per day for Fire Department management as contrasted to the average ten to eleven hour' days required of most other Brooklyn Center department heads. The City Manager then reviewed the Fire ,Department management structures in the traditionally comparable communities in the north suburban area, noting that six of the nine comparable com- munities having volunteer Fire Departments have a full -time Chief. He emphasized that none of the comparables represented a model but rather that the obvious trend is toward full -time management of the fire service. The City Manager next commented to the management needs of the fire service emphasizing the need to integrate fire service management with other City management functions, the need for fire service management at daytime management staff meetings, the need for fire service management involvement in state legislative and administrative considerations, the need for fire service management involvement in various day - time meetings and conferences and intergovernmental affairs, and the increasing need for fire service management response to citizen and business requests, complaints, and inquiries. He stated his disagreement with a proposition that a full -time Fire Marshal could satisfy or greatly reduce the demand for fire service management availability, asserting that an intolerable management situation would be created where a full -time Fire Marshal would alternately lack authority necessary in the daily conduct of his duties and conversely would frequently be attributed an authority he does not possess. 9 - 22 -75 -2- The City Manager then referred to the fire prevar,,Jt ion aspect of his proposal, describing the need for increase fire pre- vention emphasis and emphasizing the relation :'p of thi's," need to the availability of part-time Inspectors. He pared the salary costs of his proposal to the propospd salary costs of the requested Fire Department compleme',­A, point- ing out that the additional approximate $12 , 000 cost of his proposal is less than the salary cost of a full.-ti 171,rf_ Marshal in other communities. Ile summarized his proposal by emphasizing the for increased management availability and accounti,k,.;)ility, lile expressed concern that his proposal not be misc .a, as an abandonm6nt of his strong support of pre.fr. for a concept of a volu.ateer based .'ire Dep;artnn. 9 versu,s a full-time department. Mayor Cohen left the table at 8:25 p.m. and; return ea at. 8:30 p. m . Councihman Jen3en inquired whether the pr0r,­)sa,. � full-time Chief ' /Marshal might not a st� toward a full-time per sannei canqlemsrt in the Fire Departrr�nnt. The City Manager respond that mn inclination trw such empire building probably revid9s in most but that a review of the Srook., T,-.er administrat;.-,TE structure would ind.R. it= gener at avoiding such inclinations. He stated that such a nor- sonnel expansion w� be �,vfth his Ynannivevent style. Councilman Jensen next inquked 3s t ) ad ,..n., staff meeting procedures and the availabih,i of tho fannw Chief to attend. The, City Manager res, rdut that VOe formal admiukkative staff POO ju8n!, Onve are nuntx�� rnefw;tings of C rnan:,q,�ers occimring daQ and that an integrated manag,mert nyxtami as comprehended by the City Charve.'r availability. H( stated that the for.mer _Fire 1 - neir of the nature of his job was more t an typically be uxpactEd of a volunteer, N t it "-;greed that even that availability was Council.-nan Ku-,n_fJI.er inquired Smut tl evolut�onary -r- Wch resuhad in the full-time corapinmerts ofiented in the cornparabin communities cited by the CQ Manager. The City Manager rasponded that he was not f;ally _�,ia_r 'with u sch hli��tories hjut speculated that a rnajoriV Df -, t -1 , C _ �r parable connf were once served by iu.'(, volunteer Fire Dcpart"rrzn'ts. Councilman BrItts inquired as to prooedurez. yreseT�I_.V' employed in sclocting Fire. Department memb�'!rs an fficers and contrcllir,7, the administration of the dep; 'Ihe City Manager rosponded that the Charter and City Or'(3,!.r.ances provide that the City Manager appoint depart�_aent - mr:rnh-ers and officers and assume responsibility for adrainistration of the department, Mayor Cohen then recognized George Heenan, 6231, Chowen Avenue North, who stated that he was representing tyre Brooklyn Center Volunteer Fire Department in opposition to the City Manager's proposal for a full-time Fire Chief/ Marshal. He stated agreement with the City Manager's proposition that the issue does not question the profession- alism and quality of existing and past fire service, nor simply emulating other communites. He Mated that at issue -3- 9-22-75 is performance, ability to continue, ability to stay current, the evolutionary experience of other cities, where do we go from here, and economics. He suggested that Brooklyn Center must consider its own circumstances while comparing economics and cost effectiveness to other cities. He asserted that the City Manager's proposal should be considered in context as a $250,000 matter over ten years as contrasted to the cost effectiveness of the existing volunteer arrangement. He reviewed the progress and development of the volunteer department, noting that financial remuneration was an insig- nificant attraction for belonging to a volunteer Fire Department. He stated that the department as structured in the past has met the needs of the community during its expansion years and could continue to do so under the management of a volunteer Chief. He asserted that the City Manager has not fully con- sidered other alternatives and has not evaluated available candidates within the department for part -time service, and he stated that the proposal was designed to further the best interests and convenience of the City administration and not the best interests of the Fire Department Mr. Heenan then proceeded to illustrate and explain the recommendation of the Fire Department which conclude that the department opposes the proposal, acceptable alternative courses of action have not been carefully analyzed and reviewed, quali- fied candidates exist for the position of Chief on a part -time basis but the qualifications of these candidates have not been reviewed by the City Manager, that a Fire Chief can be relieved of certain functions which demand his availability, and that inspection functions may be more effectively performed by the addition of part-time and /or full -time inspectors assigned to the Planning Department. Heenan referred to the former Fire Chief's growing .inability to handle the responsibilities on a limited part -time basis as possibly representing a failure to adapt to current management practices and concepts such as delegation, reorganization, and participative management. He stated that the Fire Department has continually responded to changing demands placed upon it, recognizing that increased efforts must now be placed on the fire prevention aspect and related fire inspection alternatives. He reviewed the officer selection process recently instituted, referred to team management procedures, referred to the budgeting process and review of internal programs, and referred to various training efforts participated in.. He then proceeded to describe the fire prevention program and efforts of the department, empha- sizing the door -to -door distribution of fire prevention materials in conjunction with the annual sales of Fire Department dance tickets. He suggested that Fire Department management responsibility for attendance at City staff meetings, state legislative and adminis- trative hearings, and related meetings of various organizations and agencies could be met by delegation of such responsibilities to various members of the Fire Department or to other City admin- istrative services, limiting the volunteer Chief's management participation only to key issues. He stated that the Fire Depart- ment has been and is willing to work with the City Manager to develop innovative and creative approaches to meeting demands. He reviewed a letter solicited from Bloomington Mayor Robert Benedict regarding Mayor Benedict's support of a volunteer versus - a paid Fire Department. Similar support was attributed to a former volunteer fireman /mayor of the City of Hopkins. 9 -22 -75 -4- Councilman Kuefler questioned Mr. Heenan relative to the fire inspection program and whether there was a need for increased service in this area. Mr. Heenan responded that there was perhaps need for such increased service but that such need could be met through the addition of part-time inspectors or possibly through addition of a full-time inspector attached to the Department of Planning and Inspection. Councilman Jensen inquired as to what needs Heenan felt should be satisfied to enable increased effec- tiveness of the Fire Department. Heenan responded that possibly increased inspection capability was desirable along with keeping abreast of technological advances in the fire service. Councilman Jensen further inquired as to how the department could more fully integrate its management into the City management structure. Heenan responded that the use of a management committee system would enable part-time volunteers to more fully participate in the City management operation. Councilman Jensen next inquired what the role of a part-time Chief was in the department. Heenan responded his opinion that the Chief was both a fire fighter and a manager of the department. A brief dis- cussion ensued relative to the role of a department head and the possible relationship which might ensue a full-time Fire Marshal /Inspector and a part -time x? cteer Fire Chief. Councilman Britts inquired as to how volunteers viewed the relationship and structure of the. Fire Department within the City administrative structurEi. Heenan responded that the Fire Department was viewed as a component of the City administrative and not an independent organization. Councilman Britts inquired as to Heenan's intended meaning of the partici- pative management concept. Mr. Heenan responded that he meant the employment of all resources to manage the department on a team of committee basis. Mayor Cohen commented that the suggested appointment of a full-tim,- Fire inspector was not consistent with t , h oi economic concerns expressed by Mr. Heenan. He - tated his opinion that if there are needs for increased inspectioln capabilities as well as needs for increased manag meat capabilities and greater accountability as presented by the City Manager, then the full-time Fire Chief/Marshal Pro- posal would be the most cost effective method. Mayor Cohen then opened the meeting for comments from interested citizens. He first recognized Mr. Gordon Gunderson, 6507 Chowen Avenue North. Mr. Gunderson commended the City Manager and Mr. Heenan for their presentations and proceeded to comment that while he appreciated both positions, it was his opinion that the Fire Department had performed adequately over the past years and that in the interest of cost saving he would prefer retaining the concept of a volunteer Chief until such time as the concept was demonstrated inadequate. Mayor Cohen next recognized Mrs. Phyllis Plummer, 6520 Brooklyn Boulevard. Mrs. Plummer stated her opinion in favor of the volunteer Fire Chief concept. Mayor Cohen next recognized Mrs. Diane Reem, 6225 Chowen Avenue North. Mrs. Reem stated her preference for retaining the volunteer Fire Chief concept and commented regarding the City Manager's recent cuts in Fire Department budgetary requests. She expressed her opinion that funds recom- mended to pay a full-time Fire Chief could better be used for the prevention programs and for purchasing requested capital equipment for the Fire Department. -5- 9-22-75 Following further discussion there was a motion by Councilman Jensen, seconded by Councilman Kuefler to close public participation in the subject matter and to go into Council deliberation on the proposal. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler and Jensen. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council recessed at 9 :50 p.m. and Recess resumed at 10 :15 p.m. Mayor Cohen requested the City Manager to comment to expressed concerns about the Fire Department capital outlay budget. The City Manager reviewed the budgetary process, explaining procedures and standards that must be met in order for a budgetary capital outlay item to be favorably recommended. He pointed out that priorities have to be set and requested items have to be evaluated as to whether they would be "nice to have" or are actually needed. He stated that a written objective justification for each item is required and that for those items where inadequate justification is provided or where requested items do not appear to be of high priority, they are simply not recommended. The City Manager explained that most Fire Department equipment is not of an expendable nature and that considerable such nonexpendable equipment has been acquired for the Fire Department over the years. He suggested that a comparison of Fire Department equipment inventories among suburban communities would indicate that the Brooklyn Center Department is one of the best equipped volunteer departments in Minnesota. He stated that virtually all expendable items necessary to perform the fire service function have been recommended as requested and have been adopted in annual budgets. Mayor Cohen then referred to a statement by Mr. Heenan alleging inadequate funds for fire prevention needs and requested response from the City Manager. The City Manager stated that the $1,500 amount recommended in the 1976 budget for fire prevention purposes was $300 less than requested but was considerably more than expended in the preceding six years. He pointed out that proposed fire prevention programs in preceding years had been undocumented and had actually consisted of purchasing pamphlets, pencils, fire hats, etc. for distribution in order to promote fire safety and awareness. He stated that the only justification in the 1976 budget con- sisted of a statement to the effect that their request is for fire prevention literature that is used for tours and schools and ticket sales literature. Councilman Kuefler inquired of the manager regarding the procedure for recruiting a full -time Chief if so authorized.. The City Manager responded that the recruitment would be conducted on a nationwide basis and that he intended to seek screening assistance from volunteer Fire Department members. He stated that ideally the person to be appointed should have experience with a volunteer department, should have demon- strated management ability, should have relevant formal education, and should be able to demonstrate relevant tech- nical proficiency. Mayor Cohen inquired whether it was intended that members of the existing volunteer department could be candidates for the proposed full -time position. The City Manager responded that he intended the competition to be open to members of the department, and as a matter of fact it would be illegal for him to restrict it. 9 -22 -75 -6- A brief discussion then ensued relative to an inquiry involving the relationship of typical volunteer Fire Depart- ment practices to Federal Revenue Sharing regulations, The City Manager reviewed the Dover, Delaware case in -which it was determined that membership selection and -approval by department vote and officer selection by department vote was discriminatory and violated the Federal Civil Rights Act and, thus, could adversely affect Federal Revenue Sharing monies allocated to a community. As a consequence the City Manager reported that he intro- duced and with the assistance of some department members implemented the unpopular concept of an objective depart- ment peer evaluation method of recommending candidates for appointment as officers in the department, Councilman Jensen inquired as to the type of input depart- ment members would be permitted in the selection of a full-time Chief if so authorized. The City Manager responded that it would more than likely consist of a committee formulated to help screen and evaluate candidates, Mayor Cohen then proceeded with his comments reg, the City Manager's proposal and the departim,,_i_­. to it. He commented that it had been a pleasur� t with the volunteer Fire Department in past years. He qualified, however, that in light of vol*teer and the need for increased management capabi - n -, ::felt it was appropriate now for the City of Brook].yn to have a full-t;`.me Fire Chief/Marshal. He sty a= ti factors of availability and accountab-flLity, alr>r� carne over current operations involving tamperin Am, I - budgetary process in the form of una _s and equipment substitutions pointed out the neec, foi full-time department head with manage merit as contrasted to a committee type operati.cn wh :­Idit is taken for accomplishments and accountah L`ty is absent. He cited participation Im the 3s s as one major example of an advantage of a r_n Chief as a representative of Brooklyn Center. ­ that his opir�dons were not based on emulatlnq 4­ community nor was he impressed with the e,, �r, buted to the first term Mayor of Bloomington, May(- Cp r . -Rated that he felt there was a defin need for a full -ti, ne Chief to accomplish the policies of the City Counc. F,.rd the management goals of the City Manager, and to - the Fire Department into the management structure est by the City Charter, Councilman Jensen next inquired of the City Attorney whether the all volunteer Fire Department and its related manage- ment selection process conforms with the provisions of the City Charter. The City Attorney responded that the City Charter does not ref &- explicitly to the Fire Department but rather addresses to the general administrative organi- zation of the City by providing that the City Manager shall control and direct the administration of City affairs through authority to appoint and remove on the basis of merit and fitness all officers and employees of the City other than the City Attorney. He stated that the Fire Department management selection process does not directly conflict with the Charter but cautioned that the spirit of the Charter suggests that the appointing authority not be unduly restricted in achieving management accountabi"1014o such extent that the Council might essentially be dictating the appointment of a person to office or employment. -7- 9-22-75 Councilman Kuefler then proceeded with his comments regarding the City Manager's proposal. He stated that there are two basic factors that need to be addressed in considering the proposal- - those of department management and leadership and the possible need of additional inspection capability. He suggested that the major questions were whether the management and leadership could best be accomplished through a full -time or part -time Fire Chief and whether the Fire Code related inspection responsibilities should be vested in the Fire Department or in the Department of Planning and Inspection, noting that added inspectional capability seemed to be a common factor of both positions. He briefly reviewed the comparable communities, noting that he had dis- cussed the matter with representatives of the Bloomington volunteer Fire Department and with the City Manager of the City of Maple Grove. He reported that Maple Grove had recently organized a volunteer Fire Department with a full -time Fire Chief /Marshal and that the City Manager had extensive experience as a volunteer fireman. Councilman JKuefler recounted the Maple Grove Manager's strong recommendation that Fire Code inspection should be a function of the Fire Department and not the Planning and Inspection Department, and he recited the reasons therefor. He stated that he endorses the concept of a volunteer Fire Depart - ment and has been very satisfied with the past operation of the Brooklyn Center Department. He commented that in light of all the factors presented he felt the Fire Code inspection responsi- bilities should be vested in the Fire Department and that, combined with an apparent need for increased management capa- bility and availability in the Fire Department, could best be accomplished through the appointment of a full -time Chief. He commented that the City Charter places responsibility for the administration of City affairs with the City Manager and that this responsibility, along with Charter appointing authority, implies the need for the very best management at the department level. He concluded that he would support the City Manager's proposal to appoint a full -time Fire Chief /Marshal. Councilman Jensen then proceeded with his comments on the pro- posal. He commended both the City Manager and the Fire Department representative for their presentations, noting that his major concern was for the safety and welfare of the commmunity . He stated that the volunteer Fire Department and the department structure had met the demands of community ��afety and welfare to date. He commented that there were valid points presented in both arguments and that there was certainly no question that the Fire Department head, whether volunteer or full -time, must be account- able to the City Manager. He stated, however, that he did not totally: agree with the City Manager's reason for opposing the concept of a full -time Fire Znspector and a part -time Fire Chief, believing that such an organizational structure could be made workable. Councilman Jensen stated that in terms of the availability factor, the accountability factor, and financial constraints, as well as his concern for the long range effect, he had serious reservations regarding the proposal for a fu- ll�time Fire Chief /Marshal. He explained that he had reviewed the Bloomington Fire Department operation in deliberating the pro - posal and arriving at a conclusion. He suggested that the morale of the Fire Department volunteers should be taken into consideration when considering the impact of a full -time Chief. He concluded by stating his opinion that a full -time Fire Inspector who could offer relief to a volunteer Chief would satisfy the fire service needs of the community and he was, therefore, opposed to the City Manager's proposal for a full -time Fire Chief /Marshal, Councilman Britts then commented to the proposal. He referred to the Charter and Ordinance provisions regarding authority for appointment of di-n art},°rent heads In administration of City affairs . He stated his concern with the proposal consisted of the possible long range effect 9 -22 -75 _g® and the possibility that it might lead to additional full-time personnel in the department, He stated that it was with these considerations and the fact that the existing service performed by the volunteer department has been satisfactory that he would be opposed to the City Manager's proposal for a full-time Fire Chief/Marshal. Following further discussion there was a motion by Council- man Kuefler, seconded by Mayor Cohen to approve the City Manager's recommendation for a full-time Fire Chief/ Marshal as presented in the proposed 1976 General Fund Budget. Voting for.- Councilman Kuefler and Mayor Cohen. Voting against° Councilmen Jensen and Britts. Mayor Cohen then suggested that the matter be resolved at a later time with the full Council present. Councilman Jens en.'_ inquired if funds for the proposal could be approved in the Qonti gency account of the 1976 Budget until resolution of the issue. The City Manager responded in the affirmative. Motion by Councilman Kuefler, seconded by Councilman Britts to amend the proposed 1976 Budget by deleting the proposed $18,000 appropriation for a full-time Fire Chief/Marshal in the Fire Department account and by adding $18,000 to the proposed Cont account. Voting in favor were,- Mayor Cohen, Cou.rcilrrnen Britts, Kuefler and Jensen. Voting against: none. The motion passed unanimously. Mayor Cohen then inquired of Councilman Jensen whether he viewed the Charter as including the Fire Department'as an element of City government to be administered by the City. Manager and whst,her merit and fitness ought to govern the City Manager's appcdntrnent of either a full-time or volunteer Fire Chief ( Jensen responded that he definitely viewed the Fire Department as a direct department of City government ;�nrl that the Fire Department head was subject to appointment by the City Manager on the basis of merit and fitness regardless of whether on a full-time or volunteer basis. Co ilrnen K�jeflar and Britts concurred. Motion by Counclilriar Britts, seconded by Councilman Kuefler to defer furth�;r con s . of the Budget hearing until a later time in the Council meeting. Voting in favor were: Mayor Cohen, Councilm.en Britts, Kuefler and Jensen. Voting against, none. The motion passed unanimously. Planning Commission The Director Of Planning and Inspection then introduced the Application No. 75028 first Planning Commission Application for consideration, He (B. C. I. P.) explained that Planning Commission Application No. 75028 submitted by Brooklyn Center Industrial Park, consisted of a request for a preliminary Registered Land Survey relat9d to the Rauerhorst speculative building to be built at the westerly termination of Shingle Creek Parkway. He reviewed the minutes of the September 11 meeting at which time the application, was considered. Approval of Application Following further discussion there was a motion by Council- No. 75028 man Britts, seconded by Councilman Kuefler to approve (B. C. I. P.) Planning Co- Application No. 75028 subject to the following conditions - I . Final Registered Land Survey is subject to review by the City Engineer. 2. Th.e. final Registered Land Survey is subject to the requirements of Chapter 15 of the City Ordinances. 9-22-75 Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler and Jensen. Voting against: none. The motion passed unani- mously. The Director of Planning and Inspection next reviewed Planning Planning Commission Commission Application No, 75034 submitted by Patrick Application No,. 75034 Steeber. He stated that the applicant proposed to operate a (Patrick Steeber) gymnasium for classes in the speculative industrial building at 1800 - 65th Avenue North. He explained that the application comprehended a special use permit for the conduct of such activities and stated that the use is classified as a special C -2 use and is included in those limited commercial areas which are permitted by special use permission in the I -1 dis- trict. He reviewed the Planning Commission minutes of the September 11 , 1975 meeting at which the application was considered. Following further discussion there was a motion by Councilman Approval of Planning Jensen, seconded by Councilman Britts to approve Planning Commission Application Commission Application No. 75034 subject to the following No. 75034 conditions: (Patrick Steeber) 1 . The permit is issued to the applicant as operator of the facility and is nontransferable. 2. The permit is subject to all applicable code require - ments and violation thereof will be grounds for revocation. 3. Hours of operation shall be: Monday through Friday 3 :00 p.m. to 9 :30 p.m., Saturday - 8.00 a.m. to 6 :00 p.m., Sunday - 1 :00 p.m. to 5 :00 p.m. 4. The permit comprehends a gymnasium, to be used for instructional purposes, and is not intended for public assembly. 5. A copy of the current health and liability insurance for the operation shall be on file with the City. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler and Jensen. Voting against: none. The motion passed' unani- mously . The City Manager next reviewed a list of licenses for approval Licenses He recommended that the Cicero's on -sale nonintoxicating liquor license should be stricken from the list of licenses_. He also commented relative to the food establishment license for Arthur Treacher's Fish and Chips. The Director of Planning and Inspection reported that due to recent strike problems with contractors who installed automatic sprinkler system units, the sprinkler system for the Arthur Treacher's site has not been installed. He stated, however, that the building is completed in all other respects. The City Manager recommended approval of the license contingent upon the - Building Official issuing a Certificate of Occupancy when the sprinkler system is satis- factorily installed. Following a brief discussion relative to the Arthur Treacher's Fish and Chips food establishment "license, there was a motion by Councilman Britts, seconded by Councilman Jensen to approve the licenses, the Arthur Treacher's license being contingent upon the Building Official issuing a Certificate of Occupancy when the spr l,nkle systems is satisfactorily installed. 9 -22 -75 -10- CIGARETTE LICENSE Servomation Dayton's Brookdale FOOD ESTABLISHMENT LICENSE Arthur Treacher' s Fish and Chips 6100 Brooklyn Blvd. GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE Hollies Rubbish Service 5533 Logan Ave. N, Ladd Trucking Co. 3011 Dupont Ave. N. Nelson Trucking Co. 13 Maple Place ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Historical Society 5930 Brooklyn Blvd. Jaycees 5918 Halifax Ave. N, MECHANICAL SYSTEMS LICENSE Larson -Mac Inc. 7811 Golden Valley Rd, Nielsen Sheet Metal Co, 395 - 27th Ave. N. E. NONPERISHABLE VENDING MACHINE LICENSE Servomation Dayton's Brookdale � PERISHABLE FOOD VENDING MACHINE LICENSE Servomation Dayton's Brookdale Voting in favor were: Mayor Cohen, Councilmen Britt$, I Kuefler and Jensen. Voting against: none. The motion passed unanimously. Apartment Licenses The Director of Planning and Inspection next reviewed a list of apartment. i�,cen es issued for approval by the City t Council. Following a discussion on these licenses, there } was a motion by Councilman Jensen, seconded by Counc117 man Britts to approve the apartment licenses. RENTAL D WELLING LICENSE R. L. Gu:t.:;n 6715, 6717, 6719, 6721 Humboldt Ave. N. Gary Lyons 6807, 6813, 6819 Humboldt Ave. N Fred M. Seed & Bruce McT\Te l 4536 - 58th Ave. N, James E. Wiensch 710 - 66th Ave. N. Voting in favor were.- Mayor Cohen, Councilmen 5ritts, Kuefler and Jensen. Voting against: none. The motion passed unaniriol:sly, RESOLUTION Member Tony Kuefler introduced the following resolution and NO. 75 -186 moved its adoption- RESOLUTION AMENDING RESOLUTION NO. 74 - 217 RELATING TO 1975 POLICE DEPARTMENT WAGES 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- 9 -22 -7§ Councilman Britts left the table at 12:05 a.m. Member Tony Kuefler introduced the following resolution and RESOLUTION moved its adoption: NO. 75 -187 RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVEMENT NOTES 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. Member Tony Kuefler introduced the following resolution and RESOLUTION moved its adoption: NO. 75-188 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR SANITARY SEWER LIFT STATION #3 REPLACEMENT PROJECT NO. 1974 -31 AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1975 -C) 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 ad-.pt Councilman Britts returned to the table at 12.10 a.m. Member Robert Jensen introduced the following resolution RESOLUTION and moved its adoption: NO. 75 -18$ RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT PROJECT NO. 1975 -7 AND SANITARY SEWER IMPROVEMENT PROJECT NO. 1975 -8 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and. upon vote being taken thereon, the following.kvoted in favor thereof: Philip Cohen, Tony Kuefler and Robert Jensen; and the following voted against the same: none, abstaining. Maurice Britts, whereupon said resolution was declared duly passed and adopted. Mayor Cohen left the table at 12:25 a.m. Member Tony Kuefler introduced the following resolution and RESOLUTION moved its adoption: NO. 75.190 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED STORM SEWER IMPROVEMENT PROJECT NO. 1975 -6 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: Tony Kuefler, Maurice Britts and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Mayor Cohen returned to the table at 12:30 a.m. 9 -22 -75 -12- RESOLUTION Member Maurice Britts introduced the following resolutiop NO. 75 -191 and moved its adoption: RESOLUTION APPROVING A ONE -THIRD MILL. LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION PUR- SUANT TO THE PROVISIONS OF MSA 462.411 THROUGH 462.711, OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 1976 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 Tony Kuefler introduced the following resolution. NO. 75 -192 and moved its adoption: RESOLUTION AUTHORIZING THE RESURFACING OF TWO TENNIS COURTS AT WILLOW LANE PARK The motion for the adoption of the foregoing ,resolution was duly seconderi 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 inrtroduced the following resolution NO. 75 -193 and moved its adoption: RESOLUTION A _TIIORIZING PURCHASE OF BUDGETED MOBILE RADIOS THROUGH COOPERATIVE PURCHASING WITH THE CITY OF EDINA 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. Planning Commission The Director of Public Works next reviewed Planning Application No. 75032 Commission Application No. 75032 which consisted of a (James Gilbertson) request for a replat of the =racant river front parcel now designated as Lot 1 , Block I , Farr Addition, by the appli- cant James Gilbertson. He reviewed the applicant's intent to create five buildable lots and that a new house had been constructed on what is proposed as the northerly lot. He then noted that Blocks 1 and 2 were intersected by the boundary between Anoka - Hennepin and Brooklyn Center school districts, and reviewed this conflict with City Ordinances. -13- 9 -22 -75 I Mayor Cohen expressed , a concern over this - preliminary plat, stating that he felt. it was now time to initiate action to realign school district boundaries to snake more sense. He stated that he could not endorse the concept of realigning the boundaries and in effect dictating that one student might be bused some 16 miles to Anoka while the student next -d-oor may go to Brooklyn Center schools,. A brief discussion ensued relative to school district realignment. Motion by Councilman Kuefler, seconded by Councilman Jensen to approve Planning Commission Application No. 75032 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. Prior to approval of the final plat the applicant shall petition the Anoka - Hennepin and Brooklyn Center school districts and accomplish the realignment of the:plato Voting in favor were: Councilmen Kuefler, Jensen and Britt -s;. Voting against: Mayor Cohen. Councilman Britts then inquired briefly as to the effect of the action. Following a discussion on this matter there was a - motion by Ccuncilman Britts, seconded by Mayor Cohen to reconsider the matter. Voting in 7favor were: Mayor Cohen and Councilman Britts. Voting against: Councilman Jensen and Kuefler. The original motion of approval was upheld. Motion by Councilman' Britts, seconded Councilman Jens -en 19`76uclgt Hering to reconvene the 1976 Budget heating. The City , Manager then stated that there were two changes in'-the proposed 1976 General Fund Budget. He pointed out an error in the estimated CFTA Federal grant in the amount of $35,000 - stating that this amount would make the ad valorem levy -total $1,714,897. He stated - that this was offset somewhat by the -new assessed valuation which was also - recomputed to'$112,211,450 making the total proposed mill levy 15.283 mills. Councilman Kuefler commented on'the Parks budget' briefly,, requesting that the City Manager review and recommend ways -of - providing a more durable turf on the athletic fields at Grandview Park. Motion by Councilman Kuefler, seconded by Councilman Jensen directing the City Manager to review and recommend ways of improving the athletic turf at Grandview Park and report back to the City Council by 'March 1 . Councilman Britts stated that he was opposed to this proposal as he felt it was contradictory to the park comprehensive planning study that is now being under- taken and that it provided for piecemeal type problem solving. Councilman Kuefler commented that this was a maintenance item and did not involve the comprehensive planning study. Voting in favor were: 'Mayor Cohen, Councilmen Kuefler-and Jensen. Voting against: Councilman Britts. The - motion pass -ed. Motion by Councilman -Britts , seconded-by Councilman Jensen to close the 1976 Budget hearing and-directing the City Manager to prepare necessary resolutions for adoption. Voting in favor were: Mayor Cohen,, "Councilmen Britts , `Kuefler and Jensen. Voting against: none. The motion passed unanimously -. 9 -22 -75 -14- Adjournment of Budget Motion by Councilman Britts, seconded by Councilman Hearing Kuefler to adjourn the Budget hearing. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler and Jensen. Voting against: none. The motion passed unanimously. Adjournment Motion by Councilman Jensen, seconded by Councilman Kuefler to adjourn the meeting. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler and Jensen. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 1 :15 a.m. Clerk Mayor -15- 9 -22 -75