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HomeMy WebLinkAbout1975 10-06 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 OCTOBER 6 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 p. m. Roll Call Mayor Cohen, Councilmen Kuefler, Fignar, Britts, and Jensen. Also present were City Manager Donald Poss, Director of Public Works Tames Merila, Director of Finance Paul Holmlund, Director of Planning and Inspection Blain Tremere, City Attorney Richard Schieffer, and Administrativre Assistants Rcn, Warren and James Lacina. Approval of Minutes Motion by Councilman Britts, seconded by Councilman 9 -5 -75 Fignar to approve the minutes of the September8, 1975 meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against. none. The motion passed unanimously. Approval of Minutes Motion by Councilman Fignar seconded by Councilman 9 -15 -75 Britts to thy. minutes of the September 15, 1975 meeting as 7- ubmitted. Voting in favor were, Mayor Cohen, Counc."Irre:n, fir tt =y, Kui.efler, Fignar and Jensen. Voting against, none. The motion passed unanimously. Approval of Minutes Motion by Goa_ncil Jensen, seconded by Councilman 9 -17 -75 Kuefler to approve the minutes of the September 1 - 7, 1975 meeting as `u bit eid. Vcting in. favor were. Mayor Cohen, Councilmen. Brits, Ku l er, Fignar, and Jensen. Voting against r °:Rye. The motion passed unanimously. Fire Chief Proposal Mayor Cohen a nnoi..nced that while the matter of -a full - time Fire Chief prop(, as recommended by the City Manager was not on t1he agenda for formal discussion, Councilman Fignar had req ^jested a ,point of personal privilege to offer, -- his comments ��)n the proposal since he was absent from the Council rrec- ti r g of September 22. Councilman Fignar then proceeded to read a statement out lining the con iderationas that he had given the 'City Manager's proposal, and his recommendation to -that pro- posal. He stated that he realized there was me rit to both sides of the question comme' ting he felt from a management and administrative perspective a full -time Fire Chief /Fire Marshal position would be desirable. He stated however, that analyzing the service of the present volunteer system= and the possible effect of a full -time Chief /Marshal on the volunteer system he could not support appointment of a full -time Chief. He explained his recommendation tq open the position of part -time Fire Chief to qualified candidates of the existing volunteer department who will submit to . formal. testing. He indicated that the results of this testing would affect his final position on the issue. Mayor Cohen then commented that no additional Council action would be forthcoming on the proposal at this meeting.. -1. 10 -6 -75 Member Tony Kuefler introduced the following resolution RESOLUTION and moved its adoption: NO. 75 -194 RESOLUTION TO ADOPT THE 1976 BUDGET 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, Bill Fignar, and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Robert Jensen introduced the following resolution RESOLUTION and moved its adoption: NO. 75 -195 RESOLUTION TO AUTHORIZE A TAX LEVY FOR 1976 BUDGET APPROPRIATIONS 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, Bill Fignar, and Robert Jensen; and the following voted against the same: - none, - whereupon said resolution was declared duly passed and adopted. Member Bill Fignar introduced the following resolution RESOLUTION and moved its adoptions NO. 75 -1;96 RESOLUTION TO CANCEL LEVY PREVIOUSLY CERTIFIED TO THE COUNTY AUDITOR 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, 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 -197 RESOLUTION TO CANCEL LEVY PREVIOUSLY CERTIFIED TO THE COUNTY AUDITOR 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 resolution RESOLUTION and moved its adoption: NO. 75 -198 RESOLUTION TO CANCEL LEVY PREVIOUSLY CERTIFIED TO yF :COUNTS' AUDITOR 10 -6 -75 -2- The motion for the adoption of the foregoing resolution wad duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Maurice Britts introduced the following resolution NO. 75-199 and moved its adoption: RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT PROJECT NO. 1975-9, SANITARY SEWER IMPROVEMENT PROJECT NO. 1975-10, STORM SEWER IMPROVEMENT PROJECT NO. 1975 -11 AND STREET GRADING, BASE AND SURFACING !MPROVEME 'T PROJECT NO. 1975-12 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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 TenZen, and the following voted against the same: none, whereupon said resolution was declared duly passed and ads, pted. Park and Recreation Motion by Co Kuefler, seccnded by Councilman Commission Appointments Jensen to confirm Mayor Cohen's appointment of Leahnell Hickman, 7024 Emerson Avenue North., to the Park and Recreation Ccmmiosion nerresenting Park Service Area #2 for a two year expir-in December 31, 1976. Voting in favor. were, Mayor Cohen, Councilmen Britts, .Kuefler, Fignar, and. ' none. The m, passed unanirro),'-iisly. Motion by sseconded by Councilman Kuefler to Mayor Cohen's appointment of Karen Hendrickson, ,813 France Piave to the Brooklyn Center Pal-;_ and Recreatfnn, Comim Park Service Area #5 for the remaj`,nder of a three year term expiring December 31, 1977. Vc '" in favor were. Mayor Cohen, Councilmen Britts, Kliefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Planning Commission The Director of Planning and Inspection next introduced Application No. 75033 Planning Commilission Application No. 75033 submitted by (Richard Rockstad) Richard Rockst3d for Lowry Condominium and Townhouses, Inc. He rei Planning Commission minutes of the September 11, , 1. 975 meeting at which time the application was first considered. He noted that the applicant requested a preliminary plat approval for property in the vicinity of 69th Avenue North and Irving Avenue extended. He reviewed a transparency of the parcel, noting that Irving Avenue would not extend to 69th Avenue North and that, consequently, a 30 foot wide dedication for Irving Avenue from the Horbal Addition east of the subject plat would eventually revert back to the Horbal Addition. He further commented relative to the 4 foot high opaque fence or other screening device that would be required along the easterly boundary of the recommended preliminary plat. -3- 10-6-75 A brief discussion ensued relative to the application. Councilman Jensen inquired as to when vacation of Irving Avenue North would take place. The Director of Public Works responded that it would most likely occur next spring. Councilman Kuefler questioned the traffic patters predicted to result from the proposed elimination of Irving Avenue between 69th and 69 -1/2 Avenues. Mayor Cohen then opened the meeting up to notified pro- perty owners. It was noted that none were present. Following further discussion there was a motion by Council- man Britts, seconded by Councilman Fignar to approve Planning Commission Application No. 75033 subject to the following conditions- 1. Final Plat is subject to review by the City Engineer. 2. Final Plat is subject to the requirements of Chapter 15 of the City Ordinances. 3. The subdivision agreement shall include provision for opaque screening along the easterly portion of the subdivision adjacent to proposed Lot 1, which is cons= =istent with ordinance requirements and is approved by the City. 4. Dedication of a sliver of land for the 69th Avenue right -of -way, approximately 4 feet in width at the east end of the property and 2 feet in width at the west end, as verified by the City Engineer, shall be indicated on the proposed plat. Voting in favor were. Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none, The motion passed unanimously. Mayor Cohen introduced the next item of business on the Storm Sewer Improve - agenda, that of Storm Sewer Improvement Project No. meat Project No 1975 -6 publics hearing. He briefly reviewed the procedure 1975 -6 Hearing that would be followed explaining that the Director of Public Works would present the data relative to the improvement project, that the City Council would then ask questions regarding the Director of Public Works presentation, and that the meeting would then be opened to comment from the property owners and interested citizens. The Mayor further explained that the public hearing would then be closed and the Council would deliberate on the matter. The City Manager commented that this project was not a typical storm sewer involving the general public interest, but rather was limited to backyard drainage problems of a single block. The Director of Public Works then proceeded with his review of the project. He briefly outlined the project area on a transparency map, noting the land parcels that were previously held by Mr. Jorgenson, who has offered to pay 50% of the project cost up to $4,000 on behalf of the parcels which he sold. The Director of Public Works then showed slides of the area depicting the water drainage problem and the standing water to the southwest corner of the assessment area. He stated that all of the parcel: in the assessment area have previously paid for storm sewer assessments in 1956 and 1957. 10 -6 -75 -4- Councilman Jensen inquired as to the principle cif ,­a:second assessment for a storm sewer The Director, Public Works responded that most parcels in. the , ,City'hav_ , e been assessed at least twice for storm sewer - projects- The Director of Public Works commented .that the ,problem occurred in this area because of intense _community:qevelQp- ment and the fact that the developer of along 64th Avenue, who initiated the development in this .area, did not develop his lots according to the subdivi:sion,gradiAg plan. He stated that approximately one and one-half to three feet di , f-ferences from planned grades - exist-in the back yards of these. parcels. A lengthy discussion ensued relative to the reasons that development occurred inconsistent with grading plans. The Director of Public Works commented that in order for Mr. Jorgenson to develop his parcels he was build according to the contour of the developed land to the north rather than comply with the initial grading plans. He pointed out that if the developer, Jorgenson, had complied with the original grading plans his parcels would be much higher at the rear yards and the water would be flowing the back yards of the parcels along 64th. The Director of Public Works next reviewed the data sh.-eet on the improve- ment project, notl' that the estimated cost world be ab $8, 000 and that Mr. Jorgenson agreed to pay 50% of the project up to $4,000 on behalf of, lots .he developed on Kathrene Drive and 63rd Avenue. Councilman fensen inquired at to the assessment cost for the average IAA. The Director of Publto Works, res that it would be approximately $320. Mayor Cohen then opened the rreet'1. up �'(or d 4 u ~ ston from the notified property owners. Mayor Cohen first recognized Mr. John Crowell, 6300 Orchard Avenue North. Mr. Crowell stated his objection to the project commenting that he should not be obligated to pay for storm sewer which he did not need, and, in fact, doubted whether any of his land , Ioped to the water hole in the project.. Mayor Cchen �rlext recognized Mrs. Louis Terrell, 4700 - 63rd Aven.ue North. Mrs- Terrell stated her opposition to the prcjec- commenting that she did not feel these property owners should have to pay to solve Mr.. Jorgenson's prob- lems. The next re recognized was Mrs.. Marlene, Forstrom, 4526 Kathrene Drive. Mrs_ Forstrom suggested that it wa.s the City's mistake for not enforcing the drainage plan wh-en the initial development occurred and that 63rd actually blocked that drainage flow creating the standing water problem that now exists. She commented that she felt the City should pay for the improvement of storm sewer in this area. Mayor Cohen next recognized Mrs. Isabel Slator of 631.2 Orchard Avenue North, Mrs. Slator noted that the catch basin in front of her property was not adequate -to handle, the water as it was now and did not see how the - system could handle the additional water in the rear yard parcels. The Director of Public Works responded that the problem in this area was mainly with the size of the catch basin opening and that the pipes underneath could adequately handle the water runoff except for times of excessively heavy rain. -5- 10-6-75 Mayor Cohen next recognized Mr. Charles Burgess of 4706 - 63rd Avenue North. Mr. Burgess also stated oppo- sition to the project stating that the water in his parcel flowed to Orchard Avenue. Mayor Cohen then recognized Mr. Halverson, 4601 - 4th Avenue North, Mr, Halverson stated that the property owners in the area should not be obligated to pay for mis- takes that were committed in the past. He suggested that he felt the City should be required to pay for the assessment on the improvement project® The next resident recognized was that of 4613 - 64th Avenue North, This resident commented that he was opposed to the project stating that he felt it was Mr. Jorgenson's obligation to rectify the problem. The next property owner recognized was Mrs. Eliason, 4507 - 64th Avenue North. She commented that she was opposed to the project, stating that she did not feel the water problem on her property was the cause for the excessive amount of standing water. She suggested that the Jorgenson parcel on 63rd Avenue North should not have been developed. Mayor Cohen then recognized Mr. Dick Forstrom, 4526 Kathrene Drive. Mr. Forstrom said that there was definitely a problem in this area that had to be resolved. Mayor Cohen then recognized Mrs. Jenny Cain, 4701 Eleanor Lane. Mrs, Cain inquired as to whether the storm sewer could be run to the manhold on Eleanor Lane or to 63rd Avenue North rather than to Orchard Avenue, pointing out that she felt these routes were a shorter distance. The Director of Public Works responded that the manhold in Eleanor Lame is for a sanitary sewer and the storm sewer in 63rd Avenue was too high to drain the area. The next resident recognized was Mrs, Michael Dorrain of 4501 - 64th Avenue North. She inquired as to how many residents actually have a problem with water getting in the basement due to this low area. The Director of Public Works responded that to date he knows of three parcels which definitely have problems with water. Mayor Cohen then recognized Mr. Jerome Jarosz of 45Q0 Kathrene Drive. He expressed a concern for the City not adequately checking the original developers and making thorn build according to the grading plans. Mayor Cohen next recognized Mr. John Waters, 6324 Noble Avenue North. He inquired as to the portion of the lot that would be assessed for the project. The Director of Public Works responded that only that portion that drains in the storm sewer drainage area would be assessed. The next person recognized represented Mr. Boffer.ing, 4607 - 64th Avenue North, She stated that they were opposed to the project and felt that it was a builder's problem and that Mr. Jorgenson should be responsible for paying for the pro- jects since it was his parcel on 63rd Avenue which caused the problem. 10 -6 -75 -6- Mayor Cohen next recognized the resident of 4706 - 63rd Avenue North. Mr. Terrell inquired as to why adequate drainage was not provided for prior to the Jorgenson parcels development along 63rd. The Director of Public Works responded that if the Jorgenson parcels along Kathrene Drive and 63rd were built according to the drainage plan, the rear lots of all the other parcels would be adversely affected. Mayor Cohen next recognized Mr. Harold Jorgenson. Mr. Jorgenson briefly reviewed the problem. He stated that he really had no alternative in developing his parcels other than to develop them to the contour of the existing parcels since those along 64th Avenue were built prior to his. He suggested that he was showing good faith in providing a sum of money to cover the cost of the storm sewer for the parcels which he developed. He commented that there was definitely a drainage problem in the rear yards and that water had stood in the southwest corner in every occasion of a hard rain in the spring during the meltoff. Mayor Cohen then recognized Mr. Crowell of 63rd and Orchard. Mr. Crowell suggested that the water p.roblem in this area was accelerated by the recent develo, rent of the last remaining parcel along 63rd by Mr. Jorgenson. He said it was because of this development that the water was now backing up to all the other parcels. He that he felt it was Mr. Jorgenson's responsibilit J alleviate the problem. A brief discussion ensued relative to the storm, s,-ver project and the capability of providing adequate: r-L during excessive rainfall. The Director of Pulbl.`.c ',A,corks briefly reviewed the project, noting that it of a culvert with a grate on the end and not a mamllole standard type storm sewer catch basin. He that at times of very heavy rainfall the water might build up in this area, but that this would only be - 7or 3 short term until the pipes would have adequat � tirne, tn empty out. Following furthcr discussion there was a motion b Councilman Britts, seconded by Councilman Fignar toy close the public hearing. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against- none. The motion passed unanimously. Recess The Brooklyn Center City Council recessed at 9.30 p.m. and resumed at 9:50 p.m. Council Deliberation The Director of Public Works then briefly reviewed the on Storm Sewer improvement project and assessment area again. He noted Improvement Project if it is determined that the build up of water in the low No. 1975-6 area is a problem, there is the possibility of providing for a flap gate in the storm sewer to deter the reverse flow in the event of excessive rainfall. Councilman Jensen inquires as to the ramifications of negligence on the City's part approving the Johnson development along 64th Avenue. The City Attorney responded that he could not respond to that question because of a lack of facts regarding development at that time. -7- 10-6-75 Mayor Cohen commented that either the storm sewer is needed or all the parcels should be filled in to provide for adequate drainage. He inquired that since the parcel were not graded properly prior to construction Gould the City require that they be filled in now. The City Attorney responded that the City could require whatever is needed to alleviate the problem. Councilman Fignar inquired as to whether conforming to the grading plan at the time of construction would have avoided the problem. The Director of Public Works responded that he felt it would have. Councilman Fignar then noted that there was little doubt that a problem existed in the area and that at this time the only real solution would probably be a storm sewer project. He commented, however, that it was difficult to assess the cost to the property owners, if in fact the City were negligent in its approval of construction of those houses on improperly graded lots. Councilman Britts commented also that he felt there was a definite need for storm sewer and he felt the City possibly made a mistake in 1957 and suggested exploring a method of financing the remaining $4,000 from City funds. Councilman Kuefler inquired whether the Jorgenson money would be avail- able for more than Jorgenson parcels. The Director of Public Works responded that Mr. Jorgenson accepted liability only for those parcels which he developed. Mayor Cohen inquired of Mr. Jorgenson whether he would be inclined to allow the $4,000 to be used over the entire project area. Mr. Jorgenson responded that he did not feel this would be proper. He stated that he only felt responsible to those parcels which he developed and that he could not agree to spreading his $4,000 over the entire assessment area Councilman Kuefler inquired as to the assessment process. The Director of Public Works responded that the area would not be assessed until the project was actually constructed and an accurate drainage area was determined. He Stated that the recommended action at this Council meeting consists of approving the project for construction. Councilman. Jensen expressed a concern for responsibility for the drainage problem in the area. He said that he felt there was certain City liability in allowing the problem to come about but also stated that he felt it would be unacceptable to create a precedent of the City paying for any portion of the storm sewer improvement project unless more data and docu- mentation could be provided to support that position. Mayor Cohen then cautioned that the residents not develop false hopes that the City would find a no -cost solution to the drainage problems. He stated, however, that the problem still needed to be solved. The City Attorney briefly commented regarding any potential City liability. He noted that there have been instances where cities have been held liable for not taking action, but that unless further information were provided he would be unable to comment relative to this question. He dick note, V, the question before the City Council was whether or not a storm sewer was needed and that assessment of the parcels would not be decided until one year from now 10 -8 -75 -8- at the assessment hearing. Mayor Cohen then briefly reviewed the present assessment policy, commenting that if the project were approved it would be according to the standard storm sewer assessment policy of assessing the property owners in the drainage area. A brief discussion ensued relative to spreading the $4,OOQ across the entire assessment area and the assessing and financing of the remainder of the project. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 75-200 and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF STORM SEWER IMPROVEMENT PROJECT NO. 1975-6 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. Following approval of the project there was a motion by Councilman Kuefler and seconded by Councilman Britts requesting the Director of Public Works to meet with Mr. Jorgenson to discuss the prospect of apply irig his $4, 000 at the Council's discretion. Voting in favor were- Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The mot,",on passed unanimously. The City Attorney then commented that thie Ccu: could at the time of considering the bids reject the project if the prior arrangement with Mr. Jorgenson could - .. - iot be worked out. RESOLUTION Member Maurice Britts introduced the following resolution NO. 75-201 and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR STORM SEWER IMPROVEMENT PROJECT NO. 1975-6 AND SANITARY SEWER IMPROVEMENT PROJECT NO. 1975-8 AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1975-D) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof - Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Maurice Britts introduced the following resolution NO. 75-202 and moved its adoption: RESOLUTION CERTIFYING DELINQUENT NOXIOUS WEED CUTTING ACCOUNTS FOR 1975 CUTTING TO THE HENNEPIN COUNTY TAX ROLLS -9- 10-6-75 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, Bill Fignar, and Robert Jensen, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Bill Fignar introduced the following resolution and RESOLUTION. moved its adoption: NO. 75 -� Q3 RESOLUTION CERTIFYING DELINQUENT PUBLIC UTILITY ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS 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, Bill Fignar, and Robert Jensen, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Motion by Councilman Britts, seconded by Councilman fir .5t Reading Fignar to offer for first reading an ordinance amending Ordinance Amend Chapter 25 of the City Ordinances regarding street name ing Chapter 25 changes. Voting in favor were: Mayer (-nhen Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Councilman Britts left the table at 11:25 p.m. Motion by Councilman Kuefler, seconded by Councilman First Reading Fignar to offer for first reading an ordinance amending Ordinance Amend - Chapter 35 of the City Ordinances regarding major thorough- ing Chapter 35 fares. 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 First Reading Kuefler to offer for first reading an ordinance amending Ordinance Amend - Chapter 34 of the City Ordinances regarding flags. Voting ing Chapter 34 in favor were: Mayor Cohen, Councilmen Kuefler, Fignar, and Jensen® Voting against: none. The motion passed unanimcux,l'y . Councilman Britts returned to the table at 11 :30 p. The Director of Planning and Inspection then briefly reviewed Licenses the apartment licenses on the Council agenda. Motion by Councilman Jensen, seconded by Councilman Britts to approve the apartment licenses. RENTAL DWELLING LICENSE Egons R. Podnieks, Joseph L. McGillicuddy, Richard E. 'Thill & Sam G. Demou Garden City Court Marvin Garden Ltd. Marvin Gardens Elliott Karasov 6737 & 6743 Humboldt Ave. N. Al Krawiecki 5209 Xerxes Ave. N. J. M. Rafter, Robert Willwerscheid & Fred Robbins 6331 , 6401 , 6425 Beard Ave. N. 10 -6 -75 -10- Nick jagodzinski 3501 - 47th Ave. N. M. & Byron McCullagh 3513 - 47th Ave. N. Richard A. Thun 361-4-3616 5 Ave, - N. Galen Olson 4 - 68th - Ave. N. Voting in favor were: .:M Cohen ,Qouncil-xnen, Kuefler, Fignar, and Jensen. Voting jagainst: -none, , The motion passed unanimo Motion by Councilman Kuefler, : seconded byQouncitman Fignar to approve the_ of,-the,. licenses. ITINERANT FOO ; ESTABLISH LICENSE Brookdale Ford Y 1 25010 County Roadj Q Dayton's Brookdale Chester Rog Polish Festival Monroe St. N,,E. MECHANICAL SYSTEMS LICENSE Metropolitan Mechanical Contractors, Inc. 7340 Washington-Ave, S. Voting in favor were: Mayor Cohen, CouncHmen-3ritts, Kuefler, Fignar, and Jensen. Voting against, 2one. The motion passed unanimously. Fire Sprinkler The City Manager:-,brief - .reviewed - the, problems cf the Systems Delay Arthur Treacher's, Fish .and Chips - Restaurant. I He reviewed that according to: Council action at the September 2 2 meeting the food licenses for Arthur Treacher's were apprcved con- tingent upon approval and issuance of Certificate i^:f Occupancy by the Building Official when the fire , ;prinkler system had been installed. He noted that the fii �prinkle.r installers have been on strike creating proble-m, f,-;!7 the Arthur Treacher's organization,and for the Westbr Shopping Center and other recent developments Ln the City if the strike problems. were-not resolved soon. He recom- mended not allowing.these operations to commence until complete compliance has occurred and the fire sprinkler systems have been installed. Following a brief discussion of the Council's position on this issue there was a motion by Councilman Bnitts, seconded by Councilman Fignar- to reaffirm the CounciPs position that food licenses not be issued until sprinkler systems have been provided. Voting in favor were. Mayor Cohen, Councilmen Britts,,-,Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Security Guards The City Manager next referred to a matter of gun permits Gun Permits and the relation to. the need for commercial security guards to be armed with hand: guns . He briefly reviewed the features of the recently enacted gun permit law, pointing out that attorney, 5- had interpreted the lawas intending that gun, permits, could only be issued by police chiefs to residents.-oftheir respective communit J e: further informed the Council- that-it was the genera prat- tice of most police chiefs in Minnesota not to issue- g�4n permits except in very- extraordinary cases. He, expl4ined that these factors ca , wsed. difficulties for Brookda-le Shopping Center managementwhich requires Brookdale security gVardp to be armed as a condition of employment. Brookdale security guards have been unable to obtain gun permits in -11- 10-6-75 their dommunities of residence and the Shopping Center management had inquired if Brooklyn Center could somehow cooperate to the extent that Brookdale security guards could be legally armed and, thus, not terminated from _their jobs for inability to obtain the necessary gun permits. The City Manager discussed the longstanding position of the City while frowning upon the practice of clothing security guards in uniforms similar or identical to Brooklyn Center police uniforms and of arming security guards for duty in crowded public places. He stated that he took issue with Brookdale management's condition of employment that security guards be armed and that he intended to further pursue that point. He stated that the matter was brought to the Council as an informational item and did not require any action, but that he would appreciate hearing if there were any Council member views to the contrary. Mayor Cohen commented briefly regarding the hazards of security guards carrying guns in crowded public places and regarding numerous past problems caused by citizens aspociat- ing certain improper actions of security guards with the Brooklyn Center Police Department merely because of the similarity of uniforms. He inquired whether any Coun 'cil members had contrary views to the longstanding position of the City Manager and preceding Councils regarding these matters. It was noted for the record that there were no such contrary views. Councilman Fignar announced that on Saturday, October 11 , Housing and Planning the Housing Commission and Planning Commission will be Commission Tour touring the City to examine the housing stock and other areas of interest. He said that the tour would leave City lull at 8:30 a.,-m, on Saturday and invited all to attend. Councilman Britts inquired as to the compliance of Olives. Handicapped East Restaurant in the Brookdale Shopping Mall with the Accessibility Handicapped Accessibility Law. He said that a handicapped person had pointed out to him that the restaurant was un- available to people who were handicapped because there was no ramp to reach the upper area. The Director of Planning and Inspection responded that he would research the matter to determine whether this establishment was part of that law. Motion by Councilman Kuefler, seconded by Councilman Adjournment Jensen to adjourn the meeting. Voting in favor were; Mayor Cohen., Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against. none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:50 p.m. Clerk Mayor -12- 10 -5 -75