HomeMy WebLinkAbout1975 08-04 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTS:' OF
HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
AUGUST 4, 1975
CITY HALL
Call to Order The Brooklyn Center City Council met in feqular sr= sEio�.r and
was called to order by Mayor Philip Cohen at 7:40 parr.
oll Call Mayor Cohen, Councilmen Fignar, Jensen and Kuefler,
present were City Manager Donald Poss, Directo, of- Fllg-.:
Paul Holmlund, Director of Public Works James Nler[ld,
Director of Planning and Inspection Blair
Attorney Richard Schieffer and Administrative. Assistants
Ron Warren and James Lacina .
Approval of Minutes Motion by Councilman Kuefler and seconded by Councilrr
7-21-75 Fignar to approve the minutes of the July 21, 19 mp, etlin
as submitted. Voting in favor were: Mayor Cohen,
Councilmen Kuefler, Fignar and Jensen. Voting against:
none. The motion passed unanimously.
Authorization of The City Manager introduced the first item of business on
Responsible the ag_eadc�_,hat -of -designating a Responsible Authoritv in
Authority conjunction with the 1975 Data Security and Privacy . A ('t
regarding the collection, storage, security and di,sser�ina
tion of data on individuals by the state and its political
subdivisions He reported that the provisions of the iriAC13_
legislation in 1974 were so broad and ambirguous that Vl�-�
act could not be implemented. He stated that durina th..
latter 71 hal" of 19 S S , L'
I the Governor TT 7Xr- r
' LL
he was a member, recommended major changes to the
Minnesota Commissioner of Administration and subs equ., xitl v
testified before the legislature gaining substantial, clari
fication and reduction on the burdens initially placr-c-1 one�
the local government. *
He stated that the new law contains a requirement that
each unit of local government appoint a person as its
Responsible Authority to be responsible for the mainten's".
of municipal records and for locally administering the tc,:7 r
of the legislation. He commented that according to the
law there are three sets of records, those which are con-
fidential, such as police records, those which are privat(-.,
available only to the subject and the governmental agency,
and those which are public records. He stated that the
law requires reporting on all confidential and private
records. He noted the basic paradox with the data privacy
legislation stating that on one hand there is a desire to
make all records public while on the other hand there is . j
necessity for certain information to be confidential and to
Protect the individuals on whom the data concerns. He
then proceeded with a lengthy review of the law. He
recommended that the City Council appoint a Responsible
Authority, noting that in most cases the Responsible
Authority has been the chief administrative officer.
8-4-75
Following further discussion, there was a motion by
Councilman Fignar and seconded by Councilman Jensen to
appoint the City Manager as the Responsible Authority for
the purpose of complying with the Data Security and
Privacy Act of 1974, amended in 1975. Voting in favor
were: Mayor Cohen, Councilmen Kuefler, Fignar and
Jensen. Voting against: none. The motion passed unani-
mously.
Motion by Councilman Jensen and seconded by Councilman Election Judge
Kuefler to approve the 1975 election judge list compiled by List
the City Clerk. Voting in favor were: Mayor Cohen,
Councilmen Kuefler, Fignar and Jensen. Voting against:
none. The motion passed unanimously.
Member Tony Kuefler introduced the following resolution RESOLUTION
and moved its adoption: NO. 75 -150
RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY
IMPROVEMENT NOTES
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.
Member Robert Jensen introduced the following resolution RESOLUTION
and moved its adoption: NO. 75 -151
RESOLUTION EXPRESSING RECOGNITION OF AND
APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF
MRS. jAN GRANNES
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.
Member Bill Fignar introduced the following resolution and RESOLUTION
moved its adoption: NO. 75 -152
RESOLUTION EXPRESSING RECOGNITION OF AND
APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF
MR. ROBERT HARVEY
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, whereupon
said resolution was declared duly passed and adopted.
The City Manager introduced the next item of business on the Planning Commission
agenda, Planning Commission Application No. 75012 sub- Application No. 75012
mitted by Titus, Inc. Mayor Cohen noted that this application (Titus, Inc.)
constituted a rezoning hearing. He then outlined the pro -
cedure that would be followed.
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The Director of Planning and Inspection then proceeded
with a review of the May 22, June 26, and July 10, 1,975
Planning Commission minutes. He noted that the appli-
cation considered a rezoning request from C1--A to C-2
of an approximate 8.5 acre parcel lying north and west
of Northway Drive, westerly of York Avenue North ex tend c-,
He noted that the applicant was seeking thils zoning chan,
to develop this parcel into a small shopping center, Fie
briefly reviewed the distinctions between the C-1 , C1 ---A
and C-2 zoning districts.
He reported that this matter received input from the
hood advisory group, stating that it was their
to the Planning Commission to retain the Cl -A zoning .
He reported that the Planning Commission subseauent
on July 10, 1975, adopted Resolution No. 75-4 recom-
mending denial of the application.
He next reviewed the location of the site and the adjacent
zoning. Councilman Kuefler inquired of the reason for
not requesting or recommending rezoning to C-2 the small
remnant tract easterly of York Avenue extended., The City
Manager responded that there was no proposed use for th-.
remnant tract and, thus, no request for rezoning. He
acknowlez3ged the legal fact that a proposed rezoning is a
separate and distinct action wholly unrelated to any
specific planned use. Nonetheless, he reminded Council
members that it has been inevitable that City authorities
demand to have some idea of the specific use intended to,
a rezoning prospect, Councilman Jensen than speculatr.6
on the viability of the remnant tract for CI-A purposes.
Mayor Cohen then recognized Mr. Jack Rice of
Dayton-Hudson Properties. Mr. Rice proceeded with a
comprehensive review of Dayton - Hudson ®s interest in thc�
parcel and attempts to develop it. He noted that he felt
this rezoning and proposed use offered a reasonable use
of the property with a positive effect and was consistent
with the basic developmental, goals of the City, He stated
that on April 30 there was an informal presentation reg'ara-
ing this rezoning given to the neighbors.
He next provided a detailed historical review of the parce'
and the planned Brookdale fringe area. He noted various
drawings and maps depicting uses ranging from
business - commercial to medical office facilities, He
stated that at one time the intent was to provide for a
medical, center at the north area similar to that adjacent
to -the Southdale Shopping Center. He commented that the
location and expansion of North Memorial made this pro-
posal unsound.
Mr. Rice stated that the subject parcel contained various
design constraints which made it difficult to develop,
citing th• access and curb cut restrictions. He stated that
the proposal by Titus, Inc. represented a unified develop-
ment as encouraged by the Comprehensive Plan and then
proceeded to review Titus, Inc. "s interest in the project
and parcel from 1973 - 1975.
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Mr. Rice asserted that the Titus proposal for rezoning and
development was advantageous to both the City and
Dayton Development Company because:
1 . It turned nonproductive land into productive land.
2. It enabled Dayton's to recover the costs relating
to vacant or idle land.
3. It falls within the physical developmental and access
constraints of the parcel.
4. It further defines the Brookdale Center as a north
suburban shopping center.
5. It reduces the traffic impact as compared to CI-A
zoning because of a dampening of the peak hour
traffic and the fact that many of the users of the
proposed shopping center would already be in the
Brookdale Center area.
6. The C -2 zoning provides for more stringent code
requirements and restraints on the developer regard-
ing setbacks.
He then Commented that he felt the neicrhborhood would also
benefit from this proposal because it once and for all defines
a single purpose use and development.
Mr. Rice then reviewed attempts to develop the parcel as a
C1 -A site noting that there is not a market for office space
in the north area nor for medical service complex.
He stated that he felt the proposal was consistent with the
economical, physical and social goals outlined in the
Comprehensive Plan.
The Brooklyn Center City Council recessed at 9:05 p.m, and Recess
resumed at 9:25 p.m.
Mr. Rice then continued with a brief review of proposed plans
for development of the parcel consisting of a one story shopping
center containing a number of small shops. He reviewed the
possible parking, berming, curbing and fencing layouts of the
site.
Mayor Cohen next opened the meeting up for comments from
the notified property owners. He reviewed a list of the
property owners notified and noted for the record a letter
received from Mr. & Mrs. Ed Kleven regarding opposition to the
rezoning change, a list of petitioners signing against the
rezoning change, the Central Neighborhood Advisory Group
recommendation and the Planning Commission resolution.
Mayor Cohen first recognized the resident of 5912 Abbott
Avenue North, She inquired as to who got notices for the public
hearing regarding the rezoning. The Director of Planning and
Inspection responded by noting that residents 350 feet from
the boundaries of the parcel in question are required to receive
notices as per state law.
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'r
Mayor Cohen next recognized Mr. Earl Jacobson of 5836
Abbott Avenue North. Mr. Jacobson stated that be was
opposed to the rezoning as he did not feel it was a prop(-:,-
use for the property. He further commented that he felt
the C-2 use abutting the R-1 use was not compati.
The next resident recognized was Mr. Cecil Thayer of
3315 - 59th Avenue North. Mr. Thayer statp.d his. oppo-
sition to the rezoning citing noise, traffic apri
hours of business as major reasons.
Mayor Cohen next recognized Mr. Dennis Nei' il f 9 D f
Beard Avenue North, Mr. Neill stated his opposition
the proposal stating that he did not feel there was a noef.'
for additional shopping facilities in this area. Ii-
mented that he felt the shopping center developed. south
of County Road 10 and westerly of Brookdal(-; would,
adequately provide for the type of facilities corn ,prenilenJ--.
for the subject site.
The next resident recognized was Mrs. Miller of 59-Io0)
Abbott Avenue North. Mrs. Miller stated that sh,-- xas
opposed to the rezoning stating that she did not fe-
there was a necessity to duplicate the scope or
of the Southdale Shopping Center in this area .
Mayor Cohen next recognized the resident of 590 AII-
Avenue North. He stated his opposition to the
and the rezoning proposal commenting that h,� f-,-,It t!l(-,-
neighborhood, the neighborhood advisory group and,
Planning Commission's recommendation of denial shoull(I
be enough evidence for the City Council to vote again
the rezoning.
Mayor Cohen then recognized Mr. H. R. Krue. �r, 3"1"1
59th Avenue North. Mr. Krueger stated that he was
in opposition to the rezoning.
The next resident recognized was Mr. Boy um, 5835 Y,-)-I,
Avenue North. Mr. Boyum noted that he was opposi-ng, t`-
rezoning because of expected traffic generation pr6bleIT!
i
Mayor Cohen next recognized the resident of 5836 Zexli'L�
Avenue North who also stated that he was opposed to th(-,
project stating the truck noise and traffic as the
The next resident recognized resided at 5919 Abbott
Avenue North. This resident inquired as to assurance thc
the proposed development would occur if the rezoninc,) \A,
approved. Mayor Cohen responded that at this point plan
review was not being considered and, therefore, neither
the developer nor the City could guarantee that specific
development.
Mayor Cohen then recognized Mrs. Woodford of 5836
Brooklyn Blvd. She stated that she would be in favor of
an elderly care facility on this parcel in line with the
medical office use of the Cl-A zoning,
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Councilman Jensen inquired of the applicant as to his effort
to promote development of the property as a CI-A activity.
Mr, Rice noted that he pursued such an objective actively
for the past four years to no avail.
Motion by Councilman Jensen and seconded by Councilman Close Public
Kuefler to close the public hearing. Voting in favor were: Hearing
Mayor Cohen, Councilmen Kuefler, Fignar and Jensen.
Voting against: none. The motion passed unanimously.
Mayor Cohen then expressed a concern as to the depth of the
Planning Commission's review of the Comprehensive Plan
with respect to the need for the CI-A zoning. He pointed
out that a rezoning change of this magnitude was certainly
precedent setting. He stated that the viability of the C1 -A
zone should be more specifically addressed.
Councilman Jensen commented that the burden of proof for
rezoning rests with the applicant and that in his mind the
i
only compelling reason for rezoning in this instance was an
economic factor. He said that he did not feel an economic
factor alone was enough justification to approve the rezoning
and that he felt the high -rise office- service intent was a
viable use of this parcel. He stated that C -2 zoning adjacent
to R -1 was simply incompatible and that he, therefore, was in
favor of the Planning Commission's recommendation to deny
the rezoning request.
Councilman Fignar stated that he, for the same reasons,
favored the Planning Commission and neighborhood advisory
group's recommendation for denial of request.
Councilman Kuefler stated that he felt the proposal of C -2
abutting the R -1 was the main concern in this rezoning request.
He stated that he was opposed to the rezoning request.
Mayor Cohen expressed his appreciation for the Planning
Commission's and neighborhood advisory group's deliberations
on the proposal. He commented, however, that he was not
comfortable that the facts supporting denial of the rezoning
proposal were sufficiently documented so as to be legally
defensible. He stated that his experience in similar cases
strongly suggested that the Council not solely rely upon the
Planning Commission and neighborhood advisory group recom
mendations, but rather, should document its deliberations
and reasons for or against the proposal. He deferred to the
City Attorney on the necessity for thoroughly documenting
facts and reasons supporting the Council's position.
The City Attorney concurred, stating that it has long been
his advice to the City Council that it thoroughly consider
and document its reasons for approving or disapproving
zoning matters. He suggested that the traditional method of
reacting to a draft resolution incorporating the facts and
reasons elicited during the proceedings should be employed
in this case.
A discussion ensued as to burden of proof in a rezoning matter,
it being suggested by Councilman Jensen that the burden ought
to rest with the applicant. The City Manager and City Attorney,
however, strongly advised the Council that the courts, for a
variety of reasons, have typically placed that burden on the
municipality.
8 -4 -75 -6-
Following further discussion there was a motion by
Councilman Jensen and seconded by Councilman Fignar
to direct the City Manager and City Attorney to prepare
a draft resolution setting forth the pertinent facts and
reasons supporting denial of the rezoning request, and
further directing that such draft resolution be presented
to the City Council for its deliberation in approximately
thirty days. Voting in favor were: Mayor Cohen,
Councilmen Kuefler, Fignar and Jensen. Voting against.,
none. The motion passed unanimously.
Recess The Brooklyn Center City Council recessed at 1 0,45
and resumed at 10:55 p.m.
RESOLUTION Member Bill Fignar introduced the following feso]ut.io
NO. 75-153 and moved its adoption:
RESOLUTION ACKNOWLEDGING GIFT
The motion for the adoption of the foregoing reSOIUtion
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 dn(,
Robert Jensen; and the following voted against the sarn(�,
none, whereupon said resolution was declared duly
passed and atinptind.
RESOLUTION Member Tony Kuefler introduced the following resolution
NO. 75-154 and moved its adoption:
RESOLUTION AUTHORIZING THE PURCHASE Of' F01JR
SETS OF SELF-CONTAINED BREATHING APPARATUS
The motion for the adoption of the foregoing rn,solutiorl
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 Jensen; and the following voted against the same.
none, whereupon said resolution was declared duly
passed and adopted,
RESOLUTION Member Bill Fignar introduced the following resolution
NO. 75-155 and moved its adoption:
RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY)
The motion for the adoption of the foregoing resolution
was duly seconded by member Robert Jensen, and upon
vote being taken thereon, the following voted in favor
thereof: Philip Cohen, 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 Robert Jensen introduced the following resolution
NO. 75-156 and moved its adoption:
RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY)
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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, whereupon said resolution was declared duly
passed and adopted.
Member Bill Fignar introduced the following resolution RESOLUTION
and moved its adoption: NO� 75 -157
RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY)
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, whereupon said resolution was declared duly
passed and adopted.
Member Tony Kuefler introduced the following resolution RESOLUTION
and moved its adoption: NO. 75 -158
RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY)
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.
Member Robert Jensen introduced the following resolution RESOLUTION
and moved its adoption: NO. 75 -159
RESOLUTION PROVIDING FOR PUBLIC HEARING ON
PROPOSED ASSESSMENTS ON SEPTEMBER 8, 1975
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.
Member Robert Jensen introduced the following resolution RESOLUTION
and moved its adoption: NO. 75 -160
RESOLUTION PLACING ON FILE AND OPENING PROPOSED
ASSESSMENTS FOR PUBLIC INSPECTION
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, whereupon said resolution was declared duly passed
and adopted.
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RESOLUTION Member Tony Kuefler introduced the following resolution
NO. 75-161 and moved its adoption:
RESOLUTION AUTHORIZING TAKING QUOTATIONS FOR
CONSTRUCTION OF LIQUOR STORE SIGN
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 Figilar and
Jensen; and the following voted against the sarne* none ,
whereupon said resolution was declared duly passec.' rir-3
adopted.
RESOLUTION Member Tony Kuefler introduced the follow�rq resoluti,cc
NO- 75-162 and moved its adoption:
RESOLUTION' DIRECTING THE RE-ADVERTISEMENT OF'
BIDS FOR WATER TOWER MAINTENANCE PROJECT 1975 -
(CONTRACT 1975-B)
The motion for the adoption of the foregoing resohition
was duly seconded by member Robert Jensen; and upon.
vote being taken thereon, the following voten. in favor
thereof: Philip Cohen, Tony Kuefler, Bill Fignar and
Robert Jens---n.; and the following voted against the same-
none, whereupon said resolution was declared ftiv
passed and adopted.
RESOLUTION Member Tony Kuefler introduced the followim7, resolutic-r,
NO. 75-163 and moved its adoption:
RESOLUTION AUTHORIZING REDUCTION 07
CASH ESCROW AND THE DISBURSEMENT OF REMAIN INC,',
FUNDS FOR BROOK PARK ESTATES
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 f avor
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 Robert Jensen introduced the following rcsolutic:T-
NO. 75-164 and moved its adoption:
RESOLUTION AMENDING 1975 WAGES AND SALARIES AN1
AMENDING THE 1975 GENERAL FUND BUDGET
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 followi= voted against the same:
none, whereupon said resolution was declared duly
passed and adopted.
RESOLUTION Member Bill Fignar introduced the following resolution
NO. 75-165 and moved its adoption:
-9- 8-4-75
RESOLUTION AMENDING THE 1975 WAGES AND SALARIES
AND AMENDING THE 1975 GENERAL FUND BUDGET
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, whereupon said resolution was declared duly
passed and adopted.
Mayor Cohen left the table at 11:20 p.m.
Member Robert Jensen introduced the following ordinance ORDINANCE
and moved its adoption: NO. 75 -10
ORDINANCE AMENDING CHAPTER 23 OF THE CITY
ORDINANCES RELATIVE TO LICENSING OF CESSPOOL
INSTALLATION AND WELL DRILLERS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER
DOES ORDAIN AS FOLLOWS:
Section 1 . Section 23 -010 is hereby amended in part
by the deletion of the following:
Type of License Required by Section
[Cesspool Installation} 3 -701
[Well Driller 23 -1502
License Expires Fee
April 30 $20.001
April 30 25 0 001
Section 2. Section 23 -1502 is hereby amended by
deletion as follows:
[Section 23 -1502. WELL DRILLERS LICENSE
REQUIRED. No person shall engage in a business of
drilling potable water wells without first having procured
a license therefor from the City of Brooklyn Center.
Licenses shall be issued only to individuals or con -
tractors who demonstrate an understanding of the laws
and regulations and techniques relating to the drilling of
wells. The annual license fee is hereby estaUished at
$25. Licenses shall expire on the last day of April each
yearn]
[ (a) Permit Required. Prior to the commencement of
drilling, a permit shall be secured from the
Building Official. Upon furnishing necessary
information requested by the Building Official
and paying a permit fee of $15, the Building
Official shall issue such permit.]
Section 3. Section 23 -1503 is hereby amended as follows:
[Section 23- 1503.1 Section 23 -1502. PENALTY, Any
person violating the provisions of this ordinance shall, upon
conviction thereof, be punished by a fine not to exceed three
hundred dollars ($300) and by imprisonment not to exceed
ninety (90) days.
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Section 4. This ordinance shall become effective after
adoption and upon thirty (30) days following its legal
publication.
Adopted this 4th day of August, 1975.
The motion for the adoption of the foregoing ordinance
was duly seconded by member Bill Fignar, and upon
vote being taken thereon, the following voted in favor
thereof: Tony Kuefler, Bill Fignar and Robert Jensen;
and the following voted against the same: none,
whereupon said ordinance was declared duly passed and
adopted.
ORDINANCE Member Robert Jensen introduced the following ordinanc
NOo 75 -11 and moved its adoption:
ORDINANCE AMENDING CHAPTER 3 RELATIVE TO PERMIT
FEE FOR WELL DRILLING
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER
DOES ORDAIN AS FOLLOWS:
Section 1. Section 3 -103 (G) (2) is hereby amended by
the addition of the following:
Potable Water Wel Drilling $15
Section 2. This ordinance shall become effective after
adoption and upon thirty (30) days following its legal
publication.
Adopted this 4th day of August, 1975.
The motion for the adoption of the foregoing ordinance
was duly seconded by member Bill Fignar, and upon vote
being taken thereon, the following voted in favor thereof:
Tony Kuefler, Bill Fignar and Robert Jensen; and the
following voted against the same: none, whereupon said
ordinance was declared duly passed and adopted.
Licenses The City Manager stated that the list of apartment licenses
was attached for City Council approval. The Director of
Planning and Inspection noted that approximately half of
the 75 apartment complexes have been inspected and
licensed for their initial license issuance,
Mayor Cohen returned at 11`:25 p.m.
The Director of Planning and Inspection further commented
that to date they have not experienced any serious prob-
lems in the inspection process. He commented that in
some instances complexes have voluntarily offered to
rectify potential problems prior to the inspection date.
He recommended that in addition to the licenses listed
on the agenda, an additional one for Kenneth L. Bergstrom,
owner of Hi -Crest Apartments, should be added to that
list.
Motion by Councilman Fignar and seconded by Councilman
Jensen to approve the following licenses:
-11- 8 -4 -75
MECHANICAL SYSTEMS LICENSE
Del -Air Conditioning 9850 James Circle
RENTAL DWELLING LICENSE
Norman Chazin Brookdale Manor
Metrom Properties Co. ,
Thomas Barrett &
James O'Brien Columbus Village
Cyril Sheehy & Deil
Gustafson Earle Brown Farm Apts
Vern E. Linder Evergreen Park Manor
Olson Companies, Inc. Lyn River Apts.
Norman Chazin Northbrook Terrace
Fred Ledin 5843 Fremont Ave. N.
Irwin Ketroser 6525 -27 -29 Willow Ln.
Ronald Hoch 1425 55th Ave. N.
Norman Chazin 6037 Brooklyn Blvd.
Cyril Sheehy & Deil
Gustafson 6831 York Place N.
Cyril Sheehy & Deil
Gustafson 6837 York Place N.
Cyril Sheehy & Deil
Gustafson 6839 York Place N.
Cyril Sheehy & Deil
Gustafson 6845 York Place N.
Donald & Helen DuSchane 3401 -13 d7th Ave. N.
Jeff Cassidy 5401 -63rd Ave. N.
Kenneth Bergstrom Hi -Crest Apts.
Voting in favor were: Mayor Cohen, Councilmen
Kuefler, Fignar and Jensen. Voting against: none.
The motion passed unanimously.
The City Manager next reviewed a recently passed state Smoking
law regulating smoking areas which went into effect on Regulations
August 1, 1975.
A brief discussion ensued relative to the smoking
regulations. Councilman Fignar noted that he would be
in favor of banning smoking at the Council table.
Councilmen Jensen and Kuefler also expressed their
support of this position.
It was the consensus of the Council to ban smoking in
one half of the Council Chambers area and in the entire
Social Hall and the entire upper area of the Community
Center.
The City Manager next recommended retention of Mr. Peter Park Policy
M. Jacobson of National Biocentric, Inc. for an amount not Plan Assistance
to exceed $3,000 to assist the Park and Recreation
Commission in the development of a park policy plan.
Councilman Fignar inquired as to how long this process was
expected to take. The City Manager responded that he
hoped it would be completed in three months.
A brief discussion ensued relative to this proposal.
Following this discussion there was a motion by Councilman
Kuefler and seconded by Councilman Jensen to authorize the
City Manager to retain the assistance of National Biocentric,
Inc. and Mr. Peter M. Jacobson for an amount not to exceed
$3,000 to assist the Park and Recreation Commission in the
development of a park policy plan. Voting in favor were:
Mayor Cohen, Councilmen Kuefler, Fignar and Jensen. Voting
against: none. The motion passed unanimously.
8 -4 -75 -12-
Library Status The City Manager next informed the Council that the
Hennepin County Board of Commissioners has selected
an architect, Hodne-Stageberg, to begin the preliminary
design of the library and court services building to be
located in Brooklyn Center.
Northwest Human The City Manager next referred to the Northwest Human
Services Council Services Council and its funding requirements, which are
Funding both the responsibility of Hennepin County. He informed
the Council that Hennepin County had recently unilaterally
attempted to mandate that Human Services Councils in the
County could exist only with joint powers agreement
support from municipalities, and that those municipalities
must over a three year period assume substantial financial
responsibility for respective Human Services Councils.
The City Manager briefly reviewed the formation and
history of the Northwest Human Services Council, pointin,
out that this County - sponsored organization was formed
on an ad hoc basis with specific admonition from County
authorities to repulse any participation in or control of
the Northwest Human Services Council by municipalities.
He stated that this attitude had changed somewhat in
recent months and that the Director of the Northwest Human
Services Council has made efforts to work with munici-
palities in the area. He stated that he has met with other
city manAryprc in the Northwest Human Services Council
area and he and all of his colleagues intent to strongly
urge that respective city councils not submit to the dic-
tates of the Hennepin County Board in this matter. He
commented that the County has absolutely no legal author - Mr
to require municipal participation nor to require municipal
financial support of Human Services Councils. It was the
consensus of the City Council that the City Manager con-
tinue to monitor events related to this matter.
Dutch Elm Disease Councilman Kuefler expressed the concern of certain
Control citizens who had inquired as to Brooklyn Center's partici-
pation in a State subsidy program relating to the Dutch
Elm disease control effort. He expressed his understandincT
that a State grant program had been enacted in the 1975
Legislature and that certain jurisdictions had indicated an
intention to participate. He suggested that the City
Manager procure data on the State grant program and on the
extent to which communities are participating in the pro-
gram
The City Manager responded that the State grant program
basically consisted of a proposal to share on a 50-50 basis
with municipalities a specified maximum cost for the
removal of Dutch Elm diseased trees from private property.
He explained some of the financial ramifications and
rationale upon which the existing Brooklyn Center Dutch
Elm disease policy was based.
It was the consensus of the City Council that the City
Manager procure the requested data and report to the Council
its findings and recommendations.
Adjournment Motion by Councilman Kuefler and seconded by Councilman
Fignar to adjourn the meeting.' Voting in favor were: Mayor
Cohen, Councilmen Kuefler, Fignar and Jensen. Voting against:
none. The motion passed unanimously. The Brooklyn Center
City Council adj at 12:30 a.m.
Clerk -13- Mayor 8-4-75