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HomeMy WebLinkAbout1974 05-06 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 MAY 6, 1974 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 Fignar, Britts, Jensen and Kuefler. Also present were City Manager Donald Poss, Director of Public Works James Merila, Director of Finance Paul Holm Lund, Director of Planning and Inspection Blair Tremere, Chief of Police Thomas O °Hehir, City Attorney Richard Schaeffer, and Administrative Assistants Daniel Hartman and James Lacina. Approval of Minutes Motion by Councilman Britts and seconded by Councilman 4 -22 -74 Fignar to approve the minutes of the April 22, 1974 meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. Declare Surplus The City Manager introduced the first item of business, Material that of declaring surplus materials. He recommended that certain obsolete furniture and equipment contained in the former Lyndale Avenue liquor store and garage be declared surplus material. He stated that if such a declaration is made the obsolete equipment and furniture would be dis- posed of in the best interests of the City. Motion Declaring Motion by Councilman Fignar and seconded by Councilman Surplus Material Jensen to declare obsolete furniture and equipment contained in the former liquor store and garage at Lyndale Avenue as surplus material. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. Authorize Improvements The City Manager next recommended that the City Council to Grandview Football authorize the immediate sodding of the Grandview football Field field in order to make the field playable for the football season this fall. He stated that the field had recently been rebuilt by the hauling in of heavy black dirt material and regrading of the field to improve its drainage charac- teristics. He stated that last season the field had been seeded but did not hold up over the year. Councilman Jensen inquired as to the exact area that would be sodded. The City Manager stated that it would be the primary football field at Grandview Park, not the secondary field which is used also as a hockey rink during the winter. Mayor Cohen commented that Central Park, once it is developed, would relieve the situation in terms of requiring sports to play on the same field. -1- 5 -6 -74 Motion by Councilman Britts and seconded by Councilman Motion to Approve Kuefler to approve the sodding project for the Grandview Improvements to Park football field at an estimated cost of $1500 to be Grandview Football financed by a transfer to funds from the Mayor and Council Field Contingency Account to the Park and Recreation Account. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. The next item was introduced by the City Manager who Authorize Change in explained that the Park and Recreation Director had Community Center recommended that the admission fee structure for the Admission Fee Community Center recognize 18-year olds as adults, thereby Structure establishing their rights to certain adult privileges in the Community Center, and also increasing the admission fee for 1 8 -year olds from 50� to $1 .00 per admission. He stated that the use of the sauna and exercise room has been limited to only adults and that by changing the admission fee structure, 1 8 -year olds would be allowed the use of these facilities He stated that at present you have to be 19 years of age to use the adult facilities. A brief discussion ensued relative to the admission fee structure and the privileges that would be granted to 1 8 -year olds. The City Manager commented that he has been advised by the Director of Parks and Recreation that there is popular support among those. 18-year olds who use the Community Center for such a change in the admission fee structure. Motion by Councilman Kuefl.er and seconded by Councilman Motion to Amend the Jensen to amend, effective June 10, 1974, the admission fee Fee Structure at the structure at the Community Center by recognizing 18-year Community Center olds as adults, thereby establishing their rights to certain adult privileges in the Center and also increasing the admission fee for 18-year olds from 50� to $1 .00 per admission. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler„ Fignar and Jensen. Voting against: none. The motion passed unanimously. The City Manager next recommended a resolution which Resolution Awarding would award a bid for a portable air compressor as com- Bid for Portable Air prehended in the 1,974 budget. He stated that only one bid Compressor had been submitted to the City, and that the net bid was the same figure as appropriated in the budget. A brief discussion ensued relative to the receiving of only one bid for the air compressor, with Councilman Jensen inquiring as to the competitive nature of receiving a single bid. The City Manager commented that though only one bid had been received, there is no way for bidders to know that they wou be the only bidder and that the cost was within the figure allocated in the budget. Member Tony Kuefler introduced the following resolution RESOLUTION and moved its adoption: NO. 74-73 RESOLUTION ACCEPTING BID FOR ONE PORTABLE AIR COMPRESSOR -2- 5-6-74 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 resolutipn was declared duly passed and adopted. RESOLUTION Member Maurice Britts introduced. the following resolution NO. 74 -74 and moved its adoption: RESOLUTION ACCEPTING BID FOR PLANT - MIXED:; BITUMINOUS MATERIAL 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 Kuefier, Bill Fignar and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed' and adopted. Public Hearing on The Director of Public Works next reviewed the public Water Main Improvement: hearing scheduled for the evening. He stated that the Project No. 1974 -11_ a:nd public hearings were related to proposed water main Street Surfacing Improve- and street grading, base and surfacing projects, ment Project No. 1974 -12 The Mayor opened the public hearing on water main improvement project No.. 1974 -1.1 Mr. Merila reviewed; th -e data sheet available on the project, stating, that a petition had been received for the project with 7`0% of the residences in favor. He. stated that the water main improvement project: would provide water main along, France Avenue North from 63rd Avenue North to Halifax Drive and Halifax Drive from Grimes Avenue North to Brooklyn Boulevard . He stated that the petition had been received' on March 21, 1974 and that the proJect would.be assessed at!:the old rate of $590 per residential. lot.. The Ma -yor then recognized Mr. Dillingham, 630: France Avenue North, who stated that he was very much in favor of the proposed project since his water pressure was; very poor at- this time. The. Mayor then recognized Mr. Carl Russert, 6300 France Avenue= North, who stated that he too was having water pressure problems-. The Mayor then recognized; Mr. Frank Anderson,. 6353 Halifax Drive, who stated that). his water was emitting foul odors. A concern was voiced by the residents that'the water main improvement project would be installed as soon as possible. Mr. Merila commented that the project would be bid some- time in 1974 with completion date this coming fall. RESOLUTION Member Bill Fignar introduced the following resolution NO. 74 -75 and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF WATER MAIN IMPROVEMENT PROJECT NO. 1974 -11 -3'- 5-6-74- 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. The Director of Public Works next reviewed improvement project No. 1974 -12, providing for street surfacing on France Avenue North from 63rd Avenue North to Halifax Drive and Halifax Drive from approximately 50 feet west of Grimes Avenue North to Brooklyn Boulevard. He stated that this would be required in line with the water main improvement project No. 1974 -11. Member Maurice Britts introduced the following resolution RESOLUTION and moved its adoption: NO. 74 -76 RESOLUTION ORDERING CONSTRUCTION OF STREET SURFACING IMPROVEMENT PROJECT NO. 1974 -12 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, The City Manager next recommended a resolution ordering Resolution Ordering construction of street surfacing improvement project No. Construction of Street 1973 -35. He stated that this project was to be completed Surfacing Improvement in conjunction with trunk water main improvement project Project No. 1973 -35 No. 1973 -34. He stated that the street surfacing improve- ment project would involve Lee Avenue North from 66th Avenue North to approximately 135 feet south of 66th Avenue North and Noble Avenue North from approximately 160 feet north of 66th Avenue North to approximately 135 feet south of 66th Avenue North. He stated that the citizens in the area were nQt willing to petition for restoration of the total street, and hence this project would involve a restoration of that portion of the surface required to be disturbed by the trunk water main installation. Member Tony Kuefler introduced the following resolution RESOLUTION and moved its adoption: NO. 74 -77 RESOLUTION AMENDING STREET SURFACING IMPROVE- MENT PROJECT NO. 1973 -35 AND ORDERING CON- STRUCTION OF AMENDED PROJECT The motion for the adoption of the foregoing resolution was duty seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuef ter, Bill Fignar and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, I -4- 5 -6 -74 RESOLUTION Member Maurice Britts introduced the following resolution NO. 74 -78 and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (STREET CONTRACT. 1974 -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 rsesolution was declared duly _passed and adopted Resolution Establishing 'The City Manager next referred to a resolution estab- 'Terms for Standard lishing terms for Standard` Solvents' storage tanks. Solvents' Storage Tanks The Director of Planning and Inspection outlined the resolution, commenting on the particular elements. He commented that certain requirements had not been met in accordance with the conditions placed on approval of Planning Commission Application No. 71019. He also commented to the current ordinance provisions requiring curbing around paved- areas . He stated that the _east portion of the property had no °turf, and that .that area is being used for parking and driving purposes 'The Mayor then recognized 'Mr. Heegaard who presented comments on the resolution and his concern in terms of :the curbing requirement around the proposed blacktop area :toAhe east of the site. He stated that he'felt this -was severe in relationship to other >sites in the area He also commented as to the screening requirement around _the above ground tanks. He stated that it would seem i :sible to screen the tanks properly.. He stated that the- overall aesthetics of the site would seem to allow the tanks without proper screening _as long -as they were compatible with the structure and landscaping in the area. The:Mayor commented that the curbing requirement could only be waived if a variance was granted under .separate application . A lengthy discussion ensued relative'to the siteand building.plan conditions as approved. under. the original application and the draft resolution, 'Mr. 'Heegaard commented that the situation is one. of economics and that Standard Solvents must work within its economic capability. Councilman Britts then interjected that the central issue is one of burying the tanks and not of other site improve - ments required under the initial application. He stated that: such requirements must be met and that the concern 'of the Council at this time must be addressed to the burying of the storage tanks. Mayor Cohen concurred with Councilman Britts since the main issue deals with the safety requirements in terms of burying the tanks on the site as required under the initial application. q pp • -5- 5 -6- A The City Manager then stated that in light of the discussion on the resolution he would propose that he redraft the resolution reflecting the discussion of the evening. Motion by Councilman Britts and seconded by Councilman Motion to Redraft Fignar to direct the City Manager to redraft the resolution Resolution Regarding reflecting the overall Council consensus. Voting in favor Standard Solvents were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. The City Council recessed at 9 :58 p.m. and resumed at Recess 10:24 p.m. Member Maurice Britts introduced the following resolution RESOLUTION and moved its adoption: NO. 74 -79 RESOLUTION ACCEPTING BID FOR STABILIZED GRAVEL AND FINE AGGREGATE FOR SEAL COAT 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 RESOLUTION and moved its adoption: NO, 74 -80 RESOLUTION ACCEPTING BID FOR REINFORCED CONCRETE PIPE 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. The City Manager next recommended a resolution rejecting Resolution Rejecting proposal for bituminous oils. He stated that the City had Proposals for received bids for bituminous oils, but that all bids con- Bituminous Oils tained escalator clauses and would require the City to pay higher charges at later dates to reflect the increasing costs for oils. He recommended that the City reject the bids and authorize the purchase of bituminous oils on an as needed basis. Member Maurice Britt introduced the following resolution RESOLUTION k .anal moved its adoption: NO o 74 -81 RESOLUTION REJECTING ALL BIDS FOR BITUMINOUS OIL 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. - 6 - 5 -6 -74 Ordinance Amending The City Manager next recommended an ordinance amend- Junk Vehicle Provisions ment to the junk vehicle provisions. He stated that the present ordinance requires that a vehicle be both impro- perly licensed as well as non-operable. The City Attorney commented that it is difficult to prove - if:a vehicle is not operative unless an officer is able to .get into the vehicle and try to start it. He commented that the ordinance amendment would -allow for the definition to be an either-or situation and not having to be tested for whether the vehicle is operative or not. ORDINANCE - Motion by Councilman Jensen and seconded by Councilman First Reading Britts to approve the first reading of an ordinance amending Chapter 19 of the City Ordinances relating to junk vehiclea. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. Suburban Rate Councilman Jensen presented a status report on the .Authority Status - Suburban Rate Authority. He stated that with the passage Report of the new State Law regulating public utilities the Suburban Rate Authority must evaluate its future direction. He stated that the Suburban Rate Authority has discussed whether it should operate during the rest of 1974, whether it should operate into 1975 to help the Public Service Commission during the transition of regulatory authority, and whether it should continue indefinitely as somewhat. of a watchdog of the Public Service Commission's decisions and regulations of the public utilities. Councilman Jensen - commented that the -Suburban Rate Authority has controlled suburban gas rates quite effectively over the past 12 years of its operation, 'Mayor Cohen commented that he would like to see the Zuburban Rate Authority continue its existence, at least .'for a three - five year period as somewhat of .a watchdog , for the Public Service Commission as the -Service Commission assumes the responsibilities of regulating all public utilities. He stated that the Public Service Commission has a very large task before it and that the ,Suburban Rate Authority could help the Commission in its ,assumption of those duties and responsibilities. Councilman Kuefler inquired 'as 'to the cost of operating the Suburban Rate Authority.. Councilman Jensen:stated 'that at present the only cost incurred is that of -th - e consultant's fee when needed in'terms of establishing rates. He also commented that the future expenditures of the Suburban Rate Authority also are an important aspect to its continued operation. He stated that Minnegasco has indicated that it would see its role in terms of the Suburban Rate Authority coming to an end in terms of its financial contribution to its operation. The City Manager commented that future costs of the Rate Authority would probably have to be covered by the municipalities themselves. A lengthy discussion ensued relative to the Suburban Rate Authority and its overall operational goals and objectives. -7- 5-6-74 The City Manager commented that his concern in this area would be that the Public Service Commission has not developed the staff required to be able to regulate the public utilities at this time. He stated that the Suburban Rate Authority could help the Public Service Commission meet these responsibilities until the Public Service Commission at least shows competent staff ability to assume the tasks before it. It was the consensus of the City Council that the City Manager develop a resolution urging the Suburban Rate Authority's continuing operation in a watchdog role as the Public Service Commission assumes control over utility rates . The City Manager next discussed the resource and energy Resource and Energy recovery program for solid waste materials developed by Recovery from Solid Hennepin County. He stated that Hennepin County has Waste conducted a thorough investigation and evaluation of the resource and energy recovery program and has developed some very interesting facts about such a program. He also commented that the County has prepared a pre- sentation that they would be willing to make to communities in the area and he would like to schedule it sometime in the future. Mayor Cohen commented that he thought it was a good idea for the City Council as well as the Conservation Commission to look at the presentation. The City Manager next discussed the 911 emergency 911 Emergency communications concept being developed for the metro- Communications politan area and Hennepin County in particular. He stated' Concept that such a proposed communication network has been developed and is in the process of being refined to an operational status in the metropolitan area. He stated that such a proposed concept would involve a greater capability for emergency situations since such a program would cross municipal boundaries. He commented that the Metropolitan Council has adopted a policy in favor of the 911 communication concept. He stated that he has served on a steering committee over the past few months to develop such a concept and recommend how it could be best implemented in Hennepin County, as well as the metropolitan area. The City Manager commented that Brooklyn Center has been fortunate in the past since it has its own radio band, but that those bands are controlled by the Federal Communications Commission and the federal government is strongly supportive of the 911 system. He stated that it is important for Brooklyn Center, as well as the other communities in Hennepin County, to have input into the development of the system so that the final product is the best possible 911 communications system developed. -8- 5-6-74 Twin Lakes Status The next discussion item considered was that of a status Report report on Twin Lakes. The City Manager commented that he had been in communication with the City of Crystal and that they are in the process of conducting a survey of the lakeshore property owners using the same survey that was conducted in Brooklyn Center. He stated that once this has been completed the City Council in Crystal will have its opportunity to react and express its opinion to the Brooklyn Center City Council. He stated that he had received communication from the City Manager in Robbinsdale, stating that their City Council had informally been polled and that a consensus exists favoring some type of regulation on power boat usage on Twin Lakes. He stated that more information will. be available in the near future to allow the City Council an opportunity to evaluate the total issue and make its final determination at that time. Licenses Motion by Councilman Britts and seconded by Councilman Fignar to approve the following licenses: BINGO LICENSE Jaycees 6525 N. Willow Lane CLASS "A" MOTOR VEHICLE DEALERS LICENSE Brookdale Motors, Inc. 2500 County Rd. 10 Iten Chevrolet Co. 6701 Brooklyn Blvd. Velie Oldsmobile, Inc. 6700 Brooklyn Blvd. CLASS "B" MOTOR VEHICLE DEALERS LICENSE Sears Roebuck 1297 Brookdale MECHANICAL SYSTEMS LICENSE Del Air Conditioning 9860 James Circle Ideal Heating & Air Conditioning 3116 Fremont Ave. J. McClure Kelly Co. 5325 West 74th St. Mill City Heating & Air Conditioning 13005B-16th Ave. Pump & Meter Service 2711 E. Franklin Ave. "ON- SALE" NON-INTOXICATING LIQUOR LICENSE Jaycees 6525 N. Willow Lane SIGN HANGER'S LICENSE Brede, Inc. 2211 Broadway N.E. LeRoy Signs, Inc. 6325 Welcome Ave. Nordquist Sign Co. 312 W. Lake Street Western Sign Co. 295 West 7th Street SWIMMING POOL LLCENSE Beach Apartments 4201 Lakeside Ave. Columbus Village Apts. 69th & Lyndale Ave. Four Court Apts. 2936 Northway Dr. Garden City Court Apts. 3407 65th Ave. N. Holiday Inn 1501 65th Ave. N. Northbrook Apts. 1302 69th Ave. North Lyn Apts. 6511 Humboldt Ave. Twin Lake North Apts. 58th & Major Ave. -9- 5-6-74 I Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. Councilman Britts then introduced a letter he received Letter Commanding from Mr. Herb Karsten commending the City street Street Mainrei�ance maintenance employees for their fine work on maintaining Employees the streets within Brooklyn Center. Motion by Councilman Kuefler and seconded by Councilman Adjournment Fignar 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 meeting adjourned at 11:50 P.M. Clerk Mayor I -10- 5 -6 -74