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HomeMy WebLinkAbout1974 07-08 CCM Regular Session w MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF $ROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JULY 8 1974 CITY HALL I 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 o m Roll Call Mayor Cohen, Councilmen Britts, Jensen, Kuefler, and Fignar, Also present we City Manager Donald Poss, Director of Public Works James Merila , Director of Finance Paul Holmlund,- g4y,4ttorney Richard Schieffer, Director of Planning and Inspection Blair Tremere, Chief of Police Thomas O'Hehir, Arid Administrative Assistants Daniel Hartman and . Jam es Lac na, Approval of Minutes Motion by CQur}c.il -man 13ritts and seconded by Councilman 6 -17 -74 Kue.fler to approve the,minutps of the June 17, 1974 .meeting as �ubmi'tteda -Uotir}g In favor were; Maypl Cohen, Councirrlen $ritt, :KU�fler, .Fignar and Jensen. Voting against: none. Thy motion passed unanimously. Liquor License Public The City M4pager. introduced the first item of business Hearing on the, agenda, ,Gg ptinuation of the public hearing on _the ( Nino's Steak Roundup) alleged violation of Section - 11 - 511 of the City ordinances by Nino's Steak Roundup. The City Manager reviewed the information presented at the public hearing which was held on June 17, 1974 and introduced the Findings of Fact submitted by the: - :City; Attorney a.nd,by ivif o Cummins, representing Nino's Steal. Roundup o The Mayor recognized .Mro Cummins who commented that no persuasive evidence. has been submitted to support the allegation that Mr. Dudley was intoxicated at the time of the incident He..stated that his condition could very likely have been the result of shock caused by his acci- dent® He did admit that Nino's was in violation of the law by serving. Mr.,., Dudley The Mayor then recognized Mr. Roy Miller, President of Northern States _Enterprises,. who commented on the diffi- culty of determining. age of individuals who frequent - liquor establishments. He produced copies of fake identifications for the City Council's review. He commented that he would like to employ off -duty Brooklyn Center police officers at Nino's Steak- Roundup to check identif icati on. The City Manager commented that it has been firm adminis- trative policy riot to allow off -duty police officers to work in liquor establishments as bouncers He stated that such work assignrrments <gould, lead to possible compromising situations. for Police officers Mayor Cohen commented that the issue of fare identifica- tions not rolpvant to the current hearing. -1- 7 -8 -74 i The C.gty Attorney stated_ that .th:ere are ohly before''the City Council. He coriimented - , thaf tr e first issue is whether the individual was minor atthell time of the incident - and.the other issue is whether he was intoxicated at the tune he was served. Councilman Britts stated his opinion that the only real issue at hand is whether Mr. Dudley was a minor. He commented that the test for intoxication failed "to function and there is no strong proof the individual was intoxicated other than his behavior was unusual at the time which could have been due to the accident. Motion by Councilman Britts and seconded by Council- Action Closing the man Fignar to close the public hearing, Voting in favor Public Hearing were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar (Nino's Steak Roundup) and Jensen Voting against: none The motion passed unanimously. A lengthy discussion` ensued relative`to the Findings of Fact with the City Council reviewing a draft proposal submitted by the City Attorney. The City Manager commented that the issue of whether the individual was intoxicated at the time of the incident is questionable since the testing apparatus Was not functioning. He stated that Mr® Dudley. did exhibit characteristics which were not normal but whether, they were'due to intoxication or shock is `& debatable issue'. Councilman Britts commented that since it'is ­a'ques- tionable issue, he would favor the striking of its reference in the Findings of Fact Councilman Kuefler, stated that the issue is one of degree o #,intoxication ,since it i:s a fact Mro'T)utlley was drinking at .,the party before t., e accident w The City Council next discussed possible sa ° nations , which C' ould b-e imposed on Nin.o''s Steak R6undulp for violation of the City ordinance" in` s erving a... nor. Councilman Jensen stated that he would favor a public reprimand and a warning against future violations. Councilman Kuefler questioned the need`;` for proper training to make sure Nino's employees are aware ­Of'th`eir eespon- sibility in enforcing the State law as'well' as City ordinances. Councilman Britts and Councilman Fignar concurred with Councilman Jensen in favoring a public reprimand. Mayor Cohen stated that he saw an obligation to the City by the licensee and would, have been in favor of a more severe sanction. Motion by Councilman Fignar and seconded by Action Approving Councilman Britts to approve the following'Findings of the Findings of Fact Fact: (Nino's Steak Roundup) i 7 -8 -74 -2- 1 Northern States Enterprises, Inc. operates Nino's Steak Roundup at 6040 Earle Brown Drive, Brooklyn Center, Minnesota, and is the holder of an On-Sale Intoxicating Liquor License and an On-Sale Sunday Intoxicating Liquor License. 2 That on May 30, 1974, at approximately 12:00 midnight, Mr. Clarence Dudley, riding a motorcycle, was involved in an accident near Xerxes Avenue North and Shingle Creek Parkway within the City. The vehicle was damaged but remained operable. Mr. Dudley was 16 years of age at the time and had been drinking beer at a party earlier in the evening. 3� Mr© Dudley proceeded to Nino's Steak Roundup. It was raining and Mr. Dudley had long black hair which became wet and which hung loosely about his shoulders. He was wearing a green parka. He was limping as he entered the Liquor Establishment but did not sustain injuries which required immediate medical attention. Mr. Dudley is approximately 5'11" tall and of slender build. Mr. Dudley appears to be less than 18 years of age. 4, Mr. Dudley approached the bar and stated that he had been in an accident and ordered a whiskey sour which was served to him by the bartender, Mr. Edward Garnet, and which was consumed by Mr. Dudley on the licensed premises. Mr. Garnet and other employees of the Establishment receive regular training in the identification and handling of patrons who are either intoxicated or under the legal age of 18 years.. Employees are instructed to request identification of those who appear to be 21 years of age or younger. Mr. Garnet did not ask for identification because he was preoccupied with Mr. Dudley's description of the accident. No other employee of the Establishment asked Mr. Dudley for identifi- cation . 5. Mr© Dudley stated that he wished to call the Police to report the accident and was directed to the telephone by Mr. Stachowiak. Brooklyn Center Police Officer Lester Randall was dis- patched to the scene and took an accident report from Mr. Dudley. The Officer observed that Mr. Dudley smelled of an alcoholic beverage, had slurred speech, had difficulty maintaining his balance, and had trouble under- standing questions and expressing coherent thoughts, In Officer Randall's judgment he appeared to be intoxicated. Officer Randall called Sgt. David Werner to the scene for the purpose of administering a breath/alcohol -3- 7-8-74 I test to Mr. Dudley with portable breath testing testing equipment. The equipment failed to function and no test way obtained. 6. Mr. Dudley was taken to the Brooklyn Center Pol.lce Station which was four or five blocks from Nino °s Steak Roundup and his mother came to transport him home. Mr. Dudley was warned not to ride his cycle because he could be arrested for driving while under the influence. 8. While taking the accident report, Officer Randall overheard conversation between Mr. Stachowiak and Mr. Carnet which indicated that Mr. Dudley had been served and had consumed an alcoholic beverage on the premises. Officer Randall was acquainted with Mr. Dudley and knew him to be under 18 years of age and relayed this information to Sgt. Werner. Sgt. Werner questioned Mr. Edward Carnet, the bartender, about this incident.. Mr. Carnet told Sgt. Werner that he had served Mr. Dudley an alcoholic beverage, that the beverage had been consumed on the premises, and that he had not asked Mr. Dudley his age or identification. 8. The selection, training and supervision of employees of the licensed premises are con- ducted by Mr. Roy Miller and the employees are well acquainted with applicable Ordinances and Laws regarding the regulation of liquor. 9. Mr. Miller considers patrons to be intoxicated when they are loud, obnoxious, falling down, run -'down appearance, slow or sloppy. Mr. Miller's definition is inadequate to cover all types of intoxicated persons. 10. Mr. Clarence Dudley was a minor and during the incident on May 31, 1984, displayed characteristics of intoxication or shock. 11. The licensee did, on May 31, 1984, by his own admission violate the terms of the license by making a sale to a minor. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Noting against: none. The motion passed unanimously. Member Maurice Britts introduced the following resolution RESOLUTION and moved its adoption: NO. 84 -102 RESOLUTION DETERMINING DISPOSITION OF LIQUOR LICENSE VIOLATION AT NINO °S STEAL{ ROUNDUP 7 -8 -84 -4- 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. Recess The Brooklyn Center City Council recessed at 8:40 p.m. and resumed at 9:10 p.m. Planning Commission The next item considered was an amendment to Planning Application No. 73027 Commission Application No. 73027 submitted by the (Bro,( Park. Baptist Brock Park Baptist Church. - 1 - he Director of Planning Ch.urch) and Inspection introduced the lteffi by stating that on June 3, 1974, the City Council appro the final plat for the brook Park Estates Addition. 1-ie stated 'Uhat the plat Involved one block and one lot which was thy! proposed site of a parsonage; Outlot A which was the site of the existing church.- and, Outlot B which was the remaining southern portion of the property. He commented that while the applicant had previously considered tenta- tive development plans for Outlot B, no firm decision had been reached. He stated it was the desire of the church on June 3, 1974 to proceed with filing the basic plat. Mr. Tremere commented that prior to actual filing of the plat, however, the church has reached a determination as to the platting of a portion of Outlot 8 and has initiated a preliminary plat for a Second Addition to Brook Park Estates. He continued by stating that since the approved basic plat has not been formally filed with the County, it has been returned to the City Engineer for revision by the applicant's surveyor reflecting the platting of a portion of Outlot B. He reviewed the plat and noted that the request was for approval of an amendment to the already approved plat, which comprehends five additional 75' x 140 lots along Perry Avenue North. Mr. Tremere stated that it was the City Engineer's recommendation that a 30 foot street easement along the eastern property line be provided and that a 5 foot utility easement in Outlot A, along the north line of Block 1 T C) tS I Lot 1, along the east property lines of ILI through 6 and along the south property line of Oo.tlot A be indicated on the final plat. RESOLUTION Member Maurice Britts introduced the following resolution NO. 74-103 and moved its adoption: RESOLUTION AMENDING THE JUNE 3, 1974, PLAT APPROVAL OF 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 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. -5- 7-8-74 The itgm considered was an amender ��:: ~� .- �:� ��. PUnn r ommission l�l r nip Commission Application No. 690 7 . _ °R4�_ _ _. _ . No. 69017 �, h„ `,tied by the Brooklyn Methodist Char- ethodist t'he dire ctor of Planning and Inspection briefly; Ck ui , rpv ewr -gyred the proposed location of a storage shed _ ors the olte of the Brooklyn Methodist Church - lczalr ad at 71 st Avenue North and Brooklyn Boultovard, He stated that a 6 x 10 struct qrjiB _ would be ue for storage of ground mainte_n ng eguiprr ent ® Mr. `fir. emere commented that,,thg- _ } _ wo - ,uld lie located in the yard area adjacent to thy ch:urQnh on the north side, with considerA.t Prk o #k the abutting single family homes to the,x�ortha , Mention by Councilman Jensen and seconded C u n ;1I lirnan Britts to approve an amendment -tee Plan'i„ir1q, Commission ApplicatigA,N -,,; 690,1.7 stela._._ ,j'_ rr)Itt l' by the Brooklyn Methodist C hurch � an ° x 10° storage shed to be located, in the y��d, - area north of and adjacent tot 11prch ; bI;Ald in q Vesting in favor were- Mayor Qo.hep 3rittw ® Kuefler, Fignar and Je •., : ra4 otirn �g i none. The motion passed unanimo:q-sly.. "the ire t item of business considered f ora � Jar Carnival received from the residents of 69th.:Av Atg N fartfl -} n -, _ _ from Xer c -is Avenue North to Brookly4 �Poule�rd; relative to the Jaycees Carnlvah�e aver. commented that the property gwnaerA_, in the. a ea',,ha, ire complained that the noxious side effects of the carnival have become incompatible to the built up residential area. He stated that the residents are .. - . asking the City Council to ccsidear denyiaq any -, future carnival in the area, .. „ . A discus s ensued relative to.the Jaycee,carnival sing anti its effects on the neighboring single family area. ® Mayor Cohan noted that the site has- been a = , good :give for such an operation. but- that the neigh® j y 15(nr Tnq pr «u perty owners must be considered: t4pp . futt ?,re. Th Clerk. read the petition and the Mayor recognized Mr', Dave Gee of the Brooklyn Center Jaycees,- , Mr.. a � i Gee states l that he recognizes the .concerns. of the, p ro p er ,"> owners, but he would like to -have time -for .. the fe ycees and they City staff to look into alternate wlt..,s the City Council. acts on the, petition. Cou)ncil:rni.an Jensen stated that the residents do have a legitimate concern which he observed firsthand during the last carnival. He stated that an alternate site unulst be found for next year. #: Motion by Councilman Britts and seconded by - - CoSancilinan Fignar to discourage the use of the site on Northway Thrive, County Road 10, Brooklyn Boulevard, and Xerxes Avenue North for the Jaycee carnival and direct the City Manager to provide any necessary assist - ance to the Brooklyn Center Jaycees in finding an alternate site for their annual carnival. Voting in favor were Mayor Cohen., Councilmen Britts, Kuefler, Fignar and Jensen doting against-. none. The motion passed unanimc.u.> ly. 7�6 °7 -6- 4th of The Mayor next recognized Mr. Carl Gross who thanked Cel( "hn t210n the City for participation in the 4th of July celebration. Motion by Councilman Britts and seconded by Councilman Kuefler to direct the City Manager to draft a resolution thanking Mr. Carl Gross and the steering committee for organizing the 4th of July celebration in Brooklyn Center. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Wor ".�rken's Compensation The Director of Finance reviewed the bids received by lr r r* the City for Workmen Compensation Insurance. He stated his recommendation for the City Council to approve the Workmen's Compensation Insurance proposal submitted by Employers Insurance of Wausau, which involves a refund at the end of the year determined by the City's accident record. RE160 11 J , LllON Member Robert Jensen introduced the following NO. 74 1 04 resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL FOR WORKMEN'S COMPENSATION INSURANCE 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. RESOLUT Member Maurice Britts introduced the following NO. 'i 4 1 � resolution and moved its adoption: RESOLUTION DESIGNATING REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being token 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. � L10 1 ".10N" Member Maurice Britts introduced the following lilo. 7 resolution and moved its adoption: RESOLUTION REPEALING RESOLUTION NO. 73 -133 WHICH AUTHORIZED PARTICIPATION IN THE METRO- POLITAN RAVE AUTHORITY; DIRECTED THE EXECUTION AND DELIVERY OF A JOIN' POWERS AGREEMENT; DESIGNATED A REPRESENTATIVE OF THE CITY AS ITS MEMBER OF THE BOARD OF THE METROPOLITAN RATE AUTHORITY 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;' -7- 7 -8 -74 thereof:. Philip Cohen, Maurice Britts, Tony Kuefler Bill Fignar and Robert Jensen; and the fallowing voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Maurice Britts introduced the following RESOLUTION resolution sMd moved its adoption: NO. 74 -107 RESOLUTION ACKNOWLEDGING GIFT 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. Member Tony Kuefler introduced the following resolutio ; � R£SZLU'TIQN and moved its adoption:. N0..74 -1 OS RESOLUTION APPROVING NEW FARES :FOR TAXICA4..:. OPERATIONS IN THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolutiow was duly seconded by member Bill Fignar, and upon: vote being taken thereon, the following voted in fi or ,. 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 ordinance ORDINANC.2 and moved its adoption: NO 74 -13 AN ORDINANCE AMENDING CHAPTER 35 RELATIVE TO SIDEYARD SETBACKS AND ACCESSORY BUILDINGS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Section 35° -400 (3) of the City Ordinances is hereby amended as follows: (3) [Garages] A cool sary bui nos must be aaat back at least three (3) feet from an interior side lot line. In terse of a single family dwelling,- with an r4tta4ched aaraaaMwh ah s less than ten (10) "feet but not l!jg than:thr e_ (3 _from the _intaarj&r side`_lot lin ®, the aaraaaa to the reaar and c o nticuoul fa aka may. baa aappropriately a aclosed 49 n xn of tlwilling o Ovid d: the enclosed area dt. ed ten (1 t�) per asn of theme floor area h dw llinc: the a is o entran or itwaa�r tacin the: _aid. �r rd the sid ®varsl e== m - of the ananal2a d2®s ngt exte bo : nd he r s21glive oxt. rior wa4 1 of the gara4ce: and.. call ,�th aoolicable ordinate OR= UE masnts acre met. The setback distance shall be measured from the exterior wall of the building, and no part of any roof cornice or any 7 -6 =74 -8- appendage to the structure shall project more than. one (1) foot into the minimum side yard 7rotback. Interior side yard setback require- ments may be waived in commercial and industrial districts where abutting commercial a »d industrial property owners wish to abut along a common wall built along the property. i' ^;1F1 20 Section 35 -4.00 (6) i hereby amended Fxcsopt as otherwise provided, [garages] .;;� buildings shall be permitted to be trusted to within five 5_) [ 5 feet of the property line. This ordinance shall become effective and upon thirty (30) days following its Adopt � 8th day of July, 1974. T6,e �,r�ntfnri� for the adoption of the foregoing ordinance v"' a ­, e71 ded by member Maurice Britts, and upon %F t taY ((n thereon, the following voted in favor tr r��a 1'�i�.ip Cohen, Maurice Britts, Tony Kuefler, :111 :,° and Robert Jensen; and the following voted F r �: me. none, whereupon said ordinance "a He land duly passed and adopted. ORDINAN f Mend)(c r Bill Fignar introduced the following ordinance NO. 74-14 an d i�.r nor moved its adoption, provided, however, that fC�Jr the purposes of the minutes of the proceedings cd the ( "it °y Council the text of the ordinance shall be 6. fr- >,ri to minutes and be a part thereof: Aa7iNC,E AMENDING CHAPTER 11 PROVIDING FOR .lw NTFORARY, LICENSING OF CLUBS, CHARITABLE, flEla> �kGT S>, OR NON- PROFIT ASSOCIATIONS FOR TIME - INTOXICATING MALT LIQUOR the adoption of the foregoing ordinance by member Tony Kuefler, and upon v10 ­ a Liken thereon, the following voted in favor " ~:� ",-!ip Cohen, Maurice Britts, Tony Kuefler, Robert Jensen; and the following voted ;7t me none, whereupon said ordinance Pauly passed and adopted. Fignar introduced the following ordinance 7TO. :l4 u �d i r? r moved its adoption, provided, however, th it for t ie purposes of the minutes of the proceedings of tw °�.- Cllty Council the text of the ordinance shall be attach, �d to the minutes and be a part thereof: AN ORDINANCE AMENDING CHAPTER 3 RELATIVE TO ELECTRIC SYSTEM PERMIT FEES yg _, 7 -8 -74 i The motion for the adoption of the foregoing ordinance 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 ordinance was declared duly passed and adopted. Motion by Councilman Britts and seconded by ORDINANCE Councilman Kuefler to offer for first reading an ,First Reading ordinance amending Chapter 3, relative to Electrical Circuitry Fees.. Voting In favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. i The City Manager next introduced for first reading an Ordinance Amendment amendment to Chapter 35 of the City ordinances relative Relative. to Multiple to multiple dwelling land area standards. He stated Dwelling Land Area that the ordinance is recommended for the purpose of Standards establishing new standards, particularly minimum land area standards for Rol, R5, R6, and R7 districts. He stated that the ordinance draft represents the product of the Planning Commission with the advice of a Council /Commission Committee working during the I moratorium period® i The Director of Planning and Inspection made a presentation to the City Council showing the minimum land area standards as they exist under the present ordinance and how the new ordinance amendment would affect the requirements. Motion by Councilman Kuefler and seconded by ORDINANCE' Councilman Jensen to offer for first reading an First Reading ordinance amending Chapter 35 relative to multiple dwelling land area standards. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously; The City Manager next introduced an ordinance which Animal Control y would amend Chapter 1 relative to animal control. He Ordinance stated that the proposal would modernize the existing animal control ordinance and clarify practices and procedures presently employed. He stated that the ordinance overhaul is based essentially upon recom- mendations from Brooklyn Center's tri- community health department and prevailing practices in other Jurisdictions. A lengthy discussion ensued relative to the ordinance amendment and the effects certain requirerai:ents would have on citizens in Brooklyn Center. Particular inter- est was voiced by Councilman Kuefler in regards to Section l -106 (2) which limits the keeping of certain animals within an owner's dwelling unit. A discussion ensued during which other concerns were expressed about the seemingly restrictive provisions of the section. R 7-8-74 _10- The City Manager stated that he would further evaluate the rat-'(: behind the keeping of certain animals within an owner'n d walling unit and present additional evidence and clarification of the ordinance amendment to the City Council at the next meeting. Publilc on the Ilear.l. The Ma-yorthart stated that a public hearing had been I Repeal of the Electrical called in. reference to the amending of Chapter 9 relative Franchih,-e Ordinance to the Electrical Franchise Ordinance. He stated that the City Charter requires a public hearing when a pubMc utility rate regulation is determined. He noted that there were no citizens present to speak either for or against the proposed ordinance amendment. The City Manager commented that the ordinance amendment is recommended for the purpose of repealing a provic tidopted metropolitan electric franchise which i js become a moot point with the passage of the Public Utilities Law by the State Legislature. He also stated that the electrical franchise required 60% approval by MetrOpc-11tan municipalities, which was never received. ORDINANCE Motie'rn by Councilman Jensen and seconded by Councilman First Reading Britt-- tc, (-A'f,�r for first reading an ordinance amending Chapt 9 repealing the Metropolitan Electrical Franchise. Vc,tinc , �; in frivor were.- Mayor Cohen, Councilm en Britts, Kalefl Fignar and Jensen. Voting against: none. The mot."lor. pa ed unanimously. ORDINANCE Motior-n. by Cc Britts and seconded by Councilman First Reading Fignar to offer for first reading an ordinance vacating a Portion, clf Earle Brown Drive. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against. none. The motion passed unanimously. ORDINANCE Motion, by Councilman Jensen and seconded by Councilman First Reading Britt,-, to offer for first reading an ordinance amending Chapter 35 relative to rezoning. Voting in favor were: May(- Coh�n, Councilmen Britts, Kuefler, Fignar and jen -, en. Voting against.- none. The motion passed unaniznr,;uply. State. Legislation The next item was introduced by the City Manager who Affecting Water stated that the State Legislature in its last session Meter Depu-)8its enacted a law aimed at utilities which provides that Ln)terest be paid on service deposits. He stated that unfortunately the language of the law may also apply to municipal utilities such as Brooklyn Center's water Mayor Cohen left the table and Councilman Kuefler ass the chair at 11:10 p.m. The City Manager continued by stating that Brooklyn Center's water meter deposit program constitutes an element of the capital structuring of the water system. He stated that at present the staff is reviewing the law to make sure that it' affects the water meter deposit program. He stated that if it does affect the program changes will have to be made to recover these elements of the public utility system. 7-8-74 i Mayor Cohen returned to the table and �sumed the chair at 11. -12 p.m. The City Manager commented that the staff has been looking into the possibilities of selling the water meters to individual property owners in.. of the water meter deposit. He st ated that if such a prog is recommended by the staff, it would have to be done through an ordinance amendment. It was the general consensus of the City Cov nrJll to develop the needed ordinance changes to retain the utility capital represented in the c°haruling of the water meter deposit program into some type r F r( of meter deposits. Motion by Councilman Britts and seccn� ^c' d by Licensee Councilman Fignar to approve the ffollowinq licenses: MECHANICAL SYSTEM LICENSE Advanced Heating. & Air 7805 Beech Street N. E. Conditioning R. W. Doyle Heating 34718 31 st Ave. S NON - PERISHABLE FOOD VENDIN ._ ACITINE LICENSE Bill's juice Vending Co. 7909 Modern Road SIGN HANGER'S LICENSE Cardon Display 9500 Pee ire Lane Voting in favor were: Mayor Cohen, Councilmen Britts, Kueffler, Fignar and Jensen. Voting against: none. The motion passed unanimously. Motion by Councilman Fignar and ,;ecv ndod by Change Walkway Councilman Jensen to change the puubluu hearing for Hearing on 55th the walkway project on 55th Avenue North from Avenue North July 1, 7, 1974 to July 29, 1974. Voting imp favor were: Mayor Cohen, Councilm eln Britts, Kueffler, Fignar, and Jensen. Voting against: none. The motion passed unanimously e The City Manager next introduced a resolution providing for adoption of the collective bargaining agreement between the Brooklyn Center Police Ao, and the City of Brooklyn Center® He stated that collective bargaining h been concluded with the Police Association g g as and the agreement reflects the arbitration award Member Tony Kueffler introduced the ffollowLing resolution RESOLUTION and moved its adoption: NO. 74 -109 RESOLUTION APPROVING COLLECTIVE BARGAINING AGREEMENT BETWEEN THE BROOKLYN CENTER POLICE ASSOCIATION AND THE CITY OF BROOKLYN CENTER 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 Kueffler, Bill Fignar and Robert Jensen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 7 -8 -74 -12- I Appointment to Park Motion by Councilman Kuefler and seconded by Service Area 3 Councilman Fignar to confirm Mayor Cohen's appoint- Committee (Mr, ment of Mr. Michael Schroeder,. 3400 72nd Avenue Michael Schroeder) North,to the Park Service Area 3 Committee for the remainder of 1974. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. Adjournment Motion by Councilman Jensen and seconded by Councilman 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 adjourned at 11:34i p.. m. 5. Clerk ayor -13- 7 -8-74