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HomeMy WebLinkAbout1974 03-25 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 MARCH 25, 1974 CITY HALL Call to Order The Brooklyn Center City Council met in regular session and was called to order by Mayor Pro Tem Tony Kuefler at 7:30 p.m. Roll Call Mayor Pro Tem Kuefler, Councilmen Britts and Fignara Also present were City Manager Donald Poss, Director of Public Works James Merila, Director of Finance Paul Holmlund, City Attorney Richard Schieffer, Director of Planning and Inspection Blair Tremere, Chief of Police Thomas O'Hehir, and Administrative Assistants Daniel Hartman and James Lacina . Invocation Reverend Bolhous of the Faith Community Church of God offered the invocation. Report on the City Water The City Manager introduced the first item of business, Assessment Policy the City water assessment policy report. He noted that water construction costs must be supported by the assess- ments since the Public Utilities operation must be self- sustaining, The Director of Public Works then presented his report stating that over the past few years water main construction costs have escalated rapidly. He stated that the Engineering Department has reviewed the general construction costs and noted that costs have increased approximately 83% since 1968° Mr. Merila commented that a comparison of recent City water main construction costs indicate that the cost of installing a 6 -inch lateral line and residential service line exceeds the unit assessment rate of $590, leaving nothing for the financing of supply facilities and trunk mains He stated that the present City policy allows a $125 charge for the service line, $220 charge for the lateral line, and $245 for the trunk line. Mayor Cohen arrived at 7:40 p.m. Mr. Merila continued his report by stating that in 1968 a City policy was also established for large tracts of land by setting the cost in terms of front footage and area. He stated that the current assessment of front footage is $6020 per front foot and the area is computed at $2.42 per 100 square feet. The Director next presented a table showing the average annual service line and lateral unit costs from 1968 through 1974. He stated that the costs have increased steadily to a point whereby the $590 is totally inadequate to cover the costs of services provided. -1- 3 -25 -74 He recommended that to cover cost increases the assess- ment rate per residential unit should be increased to $1090. He also commented that the supply and trunk main portion of the assessment should be increased from $2.42 per 100 square feet to $3.35 per 100 square feet. He stated that this increase would require new water users to pay an assessment on a basis of the 1974 dollar value rather than the 1968 dollar value. Mr. Merila then reviewed a comparison study that he had conducted with other communities in the metropolitan area. He stated that Brooklyn Center's current water assessment rate of $345 for service and lateral is $255 lower than the next lowest rate of $600 and $376 lower than the average rate of $721 for the 10 communities surveyed. He stated that the overall water assessment rate of $590 per resi- dential lot is $321 below the average rate of $912 and $311 below the mean assessment rate of the 5 communities con- sidered who assess a total sum for the lateral, service line and trunk and supply facilities. Mr. Merila next reviewed a map indicating that approxi- mately 128 subdivided lots do not have City water main available to them for hookup and approximately 80 lots in the unsubdivided residential areas. The City Manager stated that in light of the report it would be his recommendation that the water assessment rate be increased to $750 effective on all residential properties on which petitions are received or which are ordered by the City Council after April 1 , 1974, and further be increased to $1 , 090 effective on all projects after January 1, 1975. He also recommended that the equivalent front footage rate of assessment be increased to $10.85 per front foot and the equivalent area rate of assessment be increased to $3.35 per 100 square feetof area for all nonsingle family residential properties assessed after April 1, 1974 and that the front footage rate and the area rate be adjusted annually in accordance with the Twin Cities Consumer Price Index. A discussion ensued relative to the report and the recom- mendations. Councilman Fignar inquired as to the independent nature of the Public Utilities fund. Councilman Britts asked for a clarification on the use of the Twin Cities Consumer Price Index in terms of figuring the cost adjustments. The City Manager stated that the use of the Consumer Price Index seems to be an equitable way of automatically responding to any increases in con- struction costs. Mayor Cohen suggested a grace peri od for those single family homes not connected to City water at this time until May 1, 1974, allowing the opportunity for citizens to petition at the $590 rate. Discussion of such a deferral ensued. -2- 3 -25 -74 _J RESOLUTION Member Tony Kuefler introduced the following resolution NO. 74 -45 and moved its adoption: RESOLUTION INCREASING THE ASSESSMENT RATE FOR CITY WATER IMPROVEMENTS 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, and Tony Kuefler; and the following voted against the same: Bill Fignar, whereupon said resolution was declared duly passed and adopted. Planning Commission The next item of business was consideration of Planning Application No. 74014 Commission Application No. 74014 submitted by Mr. Gene (Mr. Gene Volk) Volk. The item was introduced by the Director of Planning and Inspection who explained that the applicant was seeking a variance from Chapter 15 of the City Ordinances to permit subdivision of an already platted parcel by metes and bounds description. He stated that the subject property was on the east side of France Avenue North in the 6700 block. Mr. Tremere further explained that the subject action would involve parcels known as lots 4, 5, and 6 of the Westview Addition in Brooklyn Center. He stated that the proposed action would split lot 5 with 55 feet of its 73 feet becoming part of lot 6 on the north and 18 feet becoming part of lot 4 on the south. He stated that lot 4 currently is 73 feet wide. He further commented that lot 6 and a portion of lot 5 con- tains a double bungalow, which was moved there from 66 -1/2 Avenue North in 1960 when land was taken for freeway development. Mr. Tremere stated that the Council then approved a special use permit for that move (Planning Commission Application No. 60137), and the then owner of lot 6 apparently also had title to the north 45 feet of lot 5, although a legal subdivision had not been approved by the City. He further stated that the current owner of the double bungalow has indicated a desire to enlarge that parcel and enhance the yard of the nonconforming structure by acquiring another 10 feet of lot 5 from the applicant. He explained that the application comprehended this expansion. Mr. Tremere continued by stating that the applicant repre- sents the ownership of lot 4 and the south part of lot 5 of which he intends to build a single family dwelling on the new lot. The Mayor then noted that a public hearing had been called and that notified property owners were not present to speak either for or against the proposed variance. Action Approving Motion by Councilman Britts and seconded by Councilman Planning Commission Fignar to approve Planning Commission Application No. Application No. 74614 74014 submitted by Mr. Gene Volk, noting that the subject (Mr. Gene Volk) land is already platted, platting would be unduly restrictive and unnecessary under the circumstances, the division would -3- 3 -25 -74 result in substantial lots for the existing and proposed dwellings; and subject to the conditions that the action comprehends the creation of only two buildable lots, the north parcel consisting of existing lot 6 and the north 55 feet of existing lot 5 and the south parcel consisting of the existing lot 4 and the south 18 feet of existing lot 5. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler and Fignar. Voting against: none. The motion passed. Joint Parking Agreement The next item considered was that of a joint parking agreement between the ownership of the Brookdale West office building at 5901 Brooklyn Boulevard and the neigh- boring Cross of Glory Lutheran Church. The Director of Planning and Inspection reviewed the application for the City Council, noting that in accordance with Section 35 -720 of the City Ordinances the City Council must approve the joint use of common parking facilities subject to certain conditions. He stated that in this specific instance the conditions have all been met subject to the approval by the City Attorney of a legal encumbrance to be filed on the church property title. Mr. Tremere commented that the owner of the office building has instigated the proposal to secure additional parking to support medical tenancy. The Mayor recognized Mr. Michael Bentzen, representing Brookdale West office building and Mr. Donald Mortenson, representing Cross of Glory Lutheran Church. A brief discussion ensued. RESOLUTION Member Maurice Britts introduced the following resolution NO. 74 -46 and moved its adoption: RESOLUTION APPROVING JOINT PARKING AGREEMENT BETWEEN BROOKDALE WEST OFFICE BUILDING AND CROSS OF GLORY Li1THERAN CHURCH 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, Bill Fignar and Tony Kuefler; and the following voted against the same: none, where- upon said resolution was declared duly passed and adopted. Recess The City Council recessed at 9:16 p.m. and resumed at 9 :36 p.m. Metropolitan Mayor Cohen next recognized Mr. Gene Franchette, Legislative Report Executive Director of the Metropolitan League of Munici- (Mr. Gene Franchette) palities, who briefed the City Council on legislative action taken in the 1974 session affecting the Twin City metropolitan area. Mr. Franchette reviewed the effects of the Metropolitan Reorganization Act passed by the State Legislature. -4- 3 -25 -74 Mr. Franchette also commented on other Legislative action which will have an effect on the metropolitan area. He stated that the Metropolitan Housing and Redevelopment Authority Act has been passed by both Houses and it is expected to be signed by the Governor. He concluded his remarks by stating that the Metropolitan League program has fared quite well in the Legislature He stated that many of the bills supported by the Metro- politan League of Municipalities have been passed and sent to the Governor. Ordinance Amending The City Manager next presented an ordinance amendment Chapters 34 and 35 to Chapters 34 and 35 relative to the definition of special Relating to Special home occupations. He explained that the proposed Home Occupations ordinance was in response to a City Council and Planning Commission concern for greater flexibility in the special home occupation provision. The City Manager stated that the proposed ordinance amendment would permit special home occupation activity within permitted Rl and R2 accessory uses such as accessory buildings, private swimming pools and tennis courts. He emphasized that the special use activity must be clearly incidental and secondary to the residential use of the premises A discussion ensued relative to the proposed ordinance amendment. ORDINANCE Motion by Councilman Fignar and seconded by Councilman First Reading Britts to offer for first reading an ordinance amending Chapters 34 and 35 relative to Special Home Occupations Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar and Kuefler. Voting against: none. The motion passed. Resolution Authorizing The City Manager then reviewed a resolution authorizing Purchase of a One and the purchase of a one and one -half ton cab and chassis One -Half Ton Cab and He stated that the truck was comprehended in the 1974 Chassis Budget. He commented that the Hennepin County Purchasing Group had received a single bid which was unacceptable to the City due to inability to deliver until next year, He stated that the Director of Public Works had canvassed metropolitan area truck dealers to acquire quotations. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 7447 and moved its adoption: RESOLUTION AUTHORIZING PURCHASE OF ONE AND ONE -HALF TON CAB AND CHASSIS 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, Bill Fignar and Tony Kuefler; and the following voted against the same: none, where- upon said resolution was declared duly passed and adopted. _5- 3 -25 -74 Umbrella Liability The City Manager next discussed the need for the purchase Insurance of umbrella liability insurance for those liability claims in excess of the limits of the City's present coverage or in an area not covered by the City's liability insurance. He recommended a $1, 000, 000, $10, 000 deductible, three -year policy effective April 1 , 1974. He stated that the Director of Finance had sought quotations and recom- mended a proposal costing $2,325 per year. Motion by Councilman Britts and seconded by Councilman Kuefler to authorize the purchase of a $1, 000, 000 umbrella liability insurance policy from Employers Reinsurance Corporation for a three -year period effective April 1, 1974. Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar and Kuefler. Voting against: none. The motion passed. Licenses Motion by Councilman Fignar and seconded by Councilman Britts to approve the following licenses: FOOD ESTABLISHMENT LICENSE. Marc's Big Boy 5440 Brooklyn Blvd. Rog & Jim's Superette 6912 Brooklyn Blvd. GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE Edina Morningside San. , Inc. Route 1, Gypsy Lane ITINERANT FOOD ESTABLISHMENT LICENSE Coffee Time for Velie Olds 6700 Brooklyn Blvd. Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar and Kuefler. Voting against: none. The motion passed. Multi- residential The City Manager then informed the City Council that the Moratorium multi- residential moratorium expires at the end of March. He also noted that the moratorium involves R3 through R7 zoning districts and questioned the purpose of a mora- torium on R3 properties. He recommended that the moratorium against R4 through R7 development be extended for 60 days, R3 development to be excluded from the moratorium. A lengthy discussion ensued relative to the extension of the moratorium. Councilman Britts questioned the recom- mended exclusion of the R3 zone from the moratorium. Mayor Cohen commented that his concern had been in terms of the R5 zone and not the multi - residential nature of R3. Motion by Councilman Kuefler and seconded by Councilman Fignar to extend the moratorium against R4 through R7 development for 60 days. Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar and Kuefler. Voting against: none. The motion passed. -6- 3 -25 -74 Standard Solvents The City Manager next informed the City Council that the States Report deadline date for the Standard Solvents extension was also the end of March. He stated that the owner of Standard Solvents, Mr. Heegaard, is in the process of accumulating data to submit to the City refuting the City Council's concern for safety. He recommended extension of the deadline for 30 days Motion by Councilman Britts and seconded by Councilman Fignar to extend the deadline for submitting evidence by Standard Solvents refuting the safety concerns for 30 days Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar and Kuefler. Voting against: none. The motion passed. Adjournment Motion by Councilman Kuefler and seconded by Councilman Fignar to adjourn the meeting. Voting in favor were- Mayor Cohen, Councilmen Britts, Fignar and Kuefler. Voting against.- none. The motion passed. The Brooklyn Center City Council adjourned at 11:15 p.m. Clerk. Mayor f -7- 3 -25 -74