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HomeMy WebLinkAbout1974 09-09 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF -iENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 9, 1974 CITY HALL Call to Order The Bror Center City Council met in regular session and was called to order by Mayor Philip Cohen at 7.30 P.m. Roll Call, Mayor Councilmen Britts, Fignar, Kuefler and Al, present were City Manager Donald Poss, Ll r�'f PUhlic Works -1 Tames Merila, Director of rinarcl F,7- u! H- Director of Planning and Inspection Blair 1'remere, and Administrative Assistants Daniel Hartman and Tames Lacina. Approval of Minutes Motion by Councilman Britts and seconded by Councilman 8-19-74 Fignar to approve the minutes of the August 19, 1974 meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensenz Voting against, none. The motion passed unanimously. 1975 Budget Hearing Motion by Councilman Kuefler and seconded by Councilman Britts to convene the 1975 budget hearing and to continue the hearing until later during the meeting. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and femsen. Voting against: none. The motion passed , 11nanimously. Report on. Storm Sewer The City Manager introduced the next item on the agenda, Improvement. Project a rc, slll'oym sewer improvement project No. 1974-23 No® 1974-23 in terms of its assessment area® The Director of Public Wr, reported that he has evaluated the drainage area and conchiied that the assessment area as presented at the pa , 'hearing was correct in terms of drainage bene- fl" Fly- -;'tated that he had discovered an error, correction f ­J rr C7 y es the cost of the proiect to $3.37 per front f ood:. `The Mayor recognized Mr® Sawyer, 6812 Orchard Avenue Morth, who ,,tated that the grades had been changed due to the townhouse development, creating the drainage probipm He commented that before the development of thr.� townhouse. drainage flowed to the south of 68th Avenue No rt h . The City Manager interjected that arguments about pro- perty development interfering with the natural flow of water is remin'J'scent of the classical argument in developing communities that properties on a summit should not have to pay for the drainage problems of properties in the valleys. He stated that this argument had been answered with the longstanding City policy that all properties should bear a fair share of a complete drainage system. The City Manager commented that it has been established policy of the City to provide an extensive storm sewer system in newly developing areas to the extent of running a storm sewer line one, two, or three blocks, if necessary, to 9-9-74 intercept drainage If a low point exists in even one quadrant of a street intersection. Such a policy does not allow drainage across permanent streets since the street surface would eventually deteriorate by erosion, Mayor Cohen reviewed the major points within the report and commented that the developer of the townhouse project could not be held at fault for the drainage problems in the area since he provided and paid for his proportionate share of drainage relief on his property. A discussion ensued relative to the assessment area with the City Council finally accepting the report as presented. It was the general consensus of the City Council that the assessment area would, remain the same as presented at the public hearing. Member Bill Fignar introduced the following resolution RESOLUTION and moved its adoption-, NO, 74 -145 RESOLUTION DIRECTING THE DISBURSEMENT Of CASH ESCROW FOR BAERG° S I ST ADDITION The motion for the adoption of the foregoing resolution was duly seconded by member Maurice Britts, and upon vote being taken th ereon, the ,following voted i n favor thereof-, Philp 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 referred to a resolution authorizing Resolution Authorizing the expenditure of interest earned from the Brookdale the Expenditure of Gardenr4 settlement. He stated that $1,700 has accrued Interest Earned From In interest on the $25,000 escrow recovered by the City the Brookdale Gardens for site impr+ vements at the Brookdale Gardens apartment Settlement complex. He st&ted that his recommendation would be to use the $1 to Improve the ;iite since the $25 was not eno � to cover all the needed drainage Improvements, Councilman Britts asked if the improvements made to the site would have an effect on the lower level apartments fly ,jaded last spring, The City - Manager commented that the drainage r planned run would g p a ed have no effect on that problem., He stated that the remedy of that problem related more to the propod red Housing Maintenance and Occupancy ordinance. He commented that the City Council must keep in mind the $1, 700 will nr.A correct the total drainage problem existing ran the site. He stated that It has been the City's position to ,.,,pgrade the o. to at Yeast minimal standards through the use of the court award, Member Robert Tensen introdul,ced the fallowing resolution RESOLUTION and moved its adoption-, NO, 74 -146 RESOLUTION AU'THORIZIN'G EXPENDITURE OF INTEREST MONEY EARNED FROM THE BROOKDALE GARDENS LAWSUIT SETTLEMENT 9-9­14 -2- 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. Annual Special The City Manager next informed the City Council that Assessment Hearings the annual special assessment hearings have been scheduled for the meeting. The Director of Public Works reviewed special assessment policies commenting that the interest rate on special assessments has been set at 8 %. Water Main Improvement Mr. Merila introduced the first assessment under Project No. 1973 -9 consideration water main improvement project No. 1973 -9. The Mayor noted that notified property owners were not present to speak either for or against the pro - posed assessment. Motion by Councilman Jensen and seconded by Councilman Britts to close the public hearing on the assessment for improvement project No. 1973 -9. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. Street Improvement The next assessment hearing introduced was street Project No. 1973 -10 improvement project No. 1973 -10. Mayor Cohen recog- nized the residents of 5406 Bryant Avenue North and 5400 Bryant Avenue North, who questioned the assessment rate on their property. Motion by Councilman Fignar and seconded by Councilman Kuefler to close the public hearing on the assessment for improvement project No. 1973 -10. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. Water Main Improvement The Director of Public Works next introduced the assess - Project No. 1973 -31 ment for water main improvement project No. 1973 -31. The Mayor noted that notified property owners were not present to speak either for or against the proposed assessment. Motion by Councilman Kuefler and seconded by Councilman Britts to close the public hearing on the assessment for improvement project No. 1973 -31. Voting in favor were: Mayor Cohen, Councilmen Britts , Kuefler, Fignar and JOngen. Voting against: none. The motion passed unanimously. Water Main Improvement The next assessment project considered was water main Project No. 1973 -36 improvement project No. 1973 -36. Mayor Cohen noted that notified property owners were not present to speak either for or against the proposed assessment. -3- 9 -9 -74 Motion by Councilman Fignar and seconded by Co uncilman Britts to close the public hearing on the assessment for improvement project No. 1973 -36. Voting in favor were: Mayor Cohen, Councilmen Britts, Ku,efler, Fignar and Jensen. Voting against: none. The motion passed unanimously. Mr. Merilla next Introduced the assessment for sanitary Sanitary Sewer sewer Improvement project No. 1973 -33. It was noted Improvement that notified property owners were not present to speak Project No. 1973 -33 either for or against the proposed assessment. Motion by Councilman Jensen and seconded by Councilman Kuefler to close the public hearing on the assessment for improvement project No. 1973 -33. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. The next assessment considered was for street improvement Street Improvement project No. 1973 -8. The Mayor noted that notifled:,proWty Project No. 1973 -8 owners were not present to speak either for or against the proposed assessment. Motion by Councilman Britts and seconded by Councilman Figzrar to close the public hearing on the assessment for public Improvement project Non 1973 -8. Voting in favor were: Mayer Cohen, Councilmen Britts, Kuefler, Fignar and lw).aen. Voting against: none. The motion passed unanimously. The Director of Public Works next introduced the assess- Curb and Gutter ment for curb and gutter improvement project No. 1971 -3. Improvement He explained that the project involves a state highway Project No. 1971 -3 and the State pays 25% of the curb and gutter installation. Mayor Cohen noted that notified property owners were not present to speak either for or against the proposed assess- ment. Motion by Councilman Fignar and seconded by Councilman Kuefler to cloaa the public hearing on the assessment for improvement project No. 19'71 -3. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unnanimcusly. The next assessment considered was for grading, base and Grading Base and surfacing improvement project No. 1972 -34. It was noted Surfacing that notified property owners were not present to speak Improvement either for or against the proposed assessment. Project No. 1972 -34 Motion by Councilman Kuefler and seconded by Councilman Britts to close the public hearing on the assessment for improvement project No. 1972 -34. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. 9 -9 -74 -4- I Grading, g, ease and Mr. Merila next introduced the assessments for grading, Surfacing Improvement base and surfacing improvement project No. 1973 -11. Project No. 1973 -11 He noted that the cost per front foot was low since the street had a permanent surface installed within the last seven years. He stated that if permanent street has been installed within seven years a credit is given the residents. The Mayor noted that notified property owners were not present to speak either for or against the proposed assess- ' ment . Motion by Councilman Britts and seconded by Councilman Fignar to close the public hearing on the assessment for improvement project No. 1973-11. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. Curb and Gutter The next assessment considered was for curb and gutter Improvement Project improvement project No. 1973 -12. It was noted that No. 1973 -12 notified property owners were not present to speak either for or against this proposed assessment. Motion by Councilman Kuefler and seconded by Councilman Jensen to close the public hearing on the assessment for improvement project No. 1973 -12. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. Grading, Base and The Director of Public Works next reviewed the assessment Surfacing Improvement for grading, base and surfacing improvement project No. Project No. 1973 -13 1973 -13. Mayor Cohen noted that notified property owners were not present to speak either for or against the proposed assessment. Motion by Councilman Britts and seconded by Councilman Fignar to close the public hearing on the assessment for improvement project No. 1973 -13. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. Curb and Gutter The next assessment considered was for curb and gutter Improvement Project improvement project No. 1973 -14. It was noted that No. 1973 -14 notified property owners were not present to speak either for or against the proposed assessment. Motion by Councilmen Kuefler and seconded by Councilman Fignar to close the public hearing on the assessment for improvement project No. 1973 -14. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against none. The motion passed unanimously. Public Utilities Service Mr. Merila introduced the next assessment for public Extensions, Improvement utilities service extensions, improvement project No. Project No. 1973 -16 1973 -16. The Mayor noted that notified property owners were not present to speak either for against the proposed assessment. -5- 9 -9 -74 Motion by Councilman Tenser, and seconded by Councilman Fignar to close the public hearing on the assessment for improvement project No. 1973 -16. Voting in favor were. Mayor Cohen, Councilman Britts, Kuefler, Fignar and 7ensen. Voting against: none. The motion passed unanimously. The Director of Public Works introduced the next assess- Grading, Base and ment considered, that of grading, base and surfacing Surfacing Improve - improvement project No. 1972 -19. Mayor Cohen noted ment Project No. that notified property owners were not present to speak 1972 -19 either for or against the proposed assessment. Motion by Councilman Britts and seconded by Councilman Fignar to close the public hearing on the assessment for Improvement proj No. 1972-19. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. The nest assessment considered was for water main Water Main improvement project No. 1963 -1 . Mr. Merila stated that Improvement the assessment for this project had been deferred for 10 Project No. 1963 -1 years. It was noted that y at property owners were not present to speak either for or against the proposed assessment. Motion by Councilman Kuefler and seconded by Councilman Tenser, to close the public hearing on the assessment for Improvement project No. 1963 -1. Voting in favor were: Mayor Cohen, Councilmen Britts, Kueflar, Fignar and 7ensen. Voting against,- none. The motion passed unanimously. The Director of Public Works next introduced an assessment Sewer Connections dealing with sewer connections for American Bakeries, Inc. for American The Mayor noted that the notified property owner was not Bakeries, Inc. present to speak either for or against the proposed assess - mant. Motion by Councilman Britts and seconded by Councilman Fignar to close the public hearing on the assessment dealing with sewer connections for American Bakeries, Inc. Voting In favor wera,- Mayor Cohen, Councilmen Britts, Kuefler, Fignar and yen,sen. Voting against,- none. The motion Passed unWIII OUSly. The next ai�a considered was for fifteen installment 1974 Water water hookups. Mr. Merila stated that this assessment Revenues proposal was to cover water hookups to existing water mains wlthil the City. Motion by Councilman Britts and seconded by Councilman Jensen to close the public hearing un the assessment for water hooku�,ps. Voting in favor were,- Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. 9 -9 -74 -6- Public Utilities Mr. Merila then commented that the last assessment Water Hookups program to be considered was for twenty installment water hookups. He stated that this assessment involves water hookups to existing water mains. Motion by Councilman Jensen and seconded by Councilman Fignar to close the public hearing on the assessment for public utilities water hookups. Voting in favor were: Mayer Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 74 -147 and moved its adoption-. p RESOLUTION CONFIRMING ASSESSMENTS FOR WATER MAIN IMPROVEMENTS 1973 -9, 1973 -31 AND 1973 -36; AND SANITARY SEWER IMPROVEMENT 1973 -33; AND STREET SURFACING IMPROVEMENTS 1973 -8 AND 1973 -10; AND STREET GRADING, BASE AND SURFACING IMPROVE- MENTS 1.972 -19, 1972 -34, 1973 -11 AND 1973 -13; AND CURB, GUTTER & SIDEWALK IMPROVEMENTS 1973 -12 AND 1.973 -14; AND CURB & GUTTER IMPROVEMENT NO. 1971-3; AND PUBLIC UTILITIES SERVICE EXTENSIONS IMPROVEMENT 1973 -16; AND DEFERRED WATER IMPROVEMENT 1963 -1; AND PUBLIC UTILITIES WATER HOOKUPS; AND PUBLIC UTILITIES WATER REVENUE 74; AND SEWER CONNECTIONS 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. Public Hearing ort The City Manager next introduced the public hearing for Alley Pavi.,7,dg alley paving improvement project No. 1974 -20. The Irmprovenant Pr(-,sect Director of Public Works presented the project stating No. 1974 -20 that the City has received a petition representing owners of 75% of the property in the area. He commented that the cost of the project had been higher than expected and if the public hearing proves favorable, he would recom- mend the rejection of the bid to allow for rebidding in the future. Mr. Merila commented that the project would provide for a 10 foot concrete alley with bituminous strips on each side. He noted that the alley easement was in part 30 feet wide and in part 14 feet wide due to different subdivisions in the area. A lengthy discussion ensued relative to the proposed improvement project. Mayor Cohen called upon property owners present to speak either for or against the proposed proj ect. -7- 9 -9 -74 The Mayor recognized Mr. Anderson, 531,9 Logan Avenue North, who stated that the petition had been carried with the Engineering Department's cost estimate for the pro - ject and the residents in the area are expecting the cost to be held intact. The City Manager commented that the project would be rebid next spring, hopefully with other alley projects in the area to obtain a lower cost for the residents. Mr. Andersen commented that the people who signed the petition were also in favor of the 10 foot concrete strip for the center of the alley. Mayor Cohen next recognized Mr. Hopkins, 5302 Morgan Avenue North, who commented on the poor drainage in the area. He stated that he is hopeful, the new allay will provide some relief to the drainage problem on his property. The Mayor then recognized Mr. Schwartz, 5345 Morgan Avenue North, who asked if such drainage considerations would require additional cost to the project. The Director of Public Works replied that there would be no additional cost., Motion by Cc;uncilrnan Britt.- and seconded by Councilman Fignar to declare alley paving improvement project No. 1974 -20 between Logan Avenue North and Morgan Avenue North ,fr(:m 63rd Ave . North to 54th Avenue North favorable and to e€�ta;blir, assesi3mant policies for the area. Voting In favor were.- Mayer Cohen, Councilmen Britts, Kuefler, Fignar and jer%w5an. Votlui,g against. none. The motion Passed Motic.n by CGyutin,cllirnan 1Britto and seconded by Councilman Ku,efler tva di rect the City Manager to develop policy pro - poEsals for allay ln'Broc.klyn Center. It was noted in the ic, that there 1,u a need for uniform alley Improv pc;'licy in the community. Votingg in favor were Mayor Cohen, Councilman 'Britt.-, Kuefler, Fignar an,d jeirn�a.r Vct"n again t.- none. The motion passed The City Co +,ancil recessed at 9 .-52 p.m. and resumed at Recess I C' p .m. The Mayor next informed the City Council that he had Letter of Resignation received a letter of resignation cf Mr. Ronald Byrnes of Mr. Ronald Byrnes from the Bm: Center Conservation Commission from the Conservation due to his appointment to the Minnesota Corrections Commission Authority. Motion by Councilman Britts and secQmded by Councilman Fignar to accept Mr. Ronald Byrnee" resignation from the Brooklyn Center Conservation Commission commending hire for his active role on the commission and instructing the City Manager to draft a resolution commending Mr. Byrnes. Voting in favor were: Mayer Cohen, i Councllmen Britts, Kuefler, Fignar and Jensen. Voting against.- none. The motion passed unanimously. 9 -9 -74 -8- RESOLUTION, Member Tony Kuefler introduced the following resolution NO. 74 -145 and moved its ado p tiono RESOLUTION PROCLAIMING "SAFETY ON THE STREETS WEEK" IN 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 Kuefler, 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 The City Manager next stated that a public hearing had Establishment of been scheduled to meet a charter requirement relative Public Utilities Rates to the establishment or modification of Public Utilities rates. Mayor Cohen noted that citizens were not present to speak either for or against the proposed changes which did not affect basic utility rates. ORDINANCE Member Robert Jensen introduced the following ordinance NO. 74 -22 and further moved its adoption, provided, however, that for the purposes of the minutes of the proceedings of the City Council the text of the ordinance shall be attached to the minutes and be a part thereof: AN ORDINANCE AMENDING CHAPTER 4 The motion for the adoption of the foregoing ordinance 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 ordinance was declared duly passed and adopted. Resolut. on n Establishing The City Manager then reviewed the resolutions Public Utilities Rates establishing certain changes in the Public Utilities Division rate schedules. He stated that a $10 Preparation for Certification to Taxes of Delinquent Accounts charge was to be added in the Public Utilities rate scheduule. He also commented that a disconnection fee was Included in the resolutions as well as the new water meter sale program. He commented that the minimum rates for 3/4, 1 and 1 -1/2 inch meters would be graduated, increasing from the basic rate. RESOLTJ ION Member Maurice Britts introduced the following resolution NO. 74 -149 and moved its adoption: RESOLUTION AMENDING THE SCHEDULE OF RATES, FEES AND CHARGES FOR THE USE OF AND CONNECTION TO THE SANITARY SEWER SYSTEM OF THE CI7 OF BROOKLYN CENTER p1 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon - 9- 9 -9 -74 vote being taken thereon, the following voted in favor thereof. Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar, and Robert penseno 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. 74 -150 RESOLUTION AMENDING THE SCHEDULE OF RATES, FEES AND CHARGES FOR THE USE OF AND CONNECTION TO THE WATER SYSTEM OF THE CITY OF BROOKLYN CENTER 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 favpur thereof. Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar and Robert Tensenp, and the following voted against the same. none, whereupon said resolution was declared duly passed and adopted, Member Maurice Brittu; Introduced the following RESOLUTION resoluutlon and moved its adcption. NO. 74 -151 RE'SOLUT'ION ORDERING CONS'TRUCT'ION OF SIDEWALK IMPROV'EMEN'T PROJ'ECT'S NO. ,1,974 -24, 25, 26 27, 28 29 & 30, AND APPROPRIATION OF FUNDS 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. PhI lip Cohen, Maurice Britts , Tony Kuefler, Bill Fign,ar and Robert ;Jensen, and the following voted against the same. nc ne, whereupon said resolution was declared duly pasr�ed and adopted. Member Robert Tensen ,introduced the following resolution RESOLUTION and moved its adoption. NO. 74 -152 RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (SIDEWALK CONTRACT 1974-0) The ruction for the adoption of the foregoing resolution was duly zeconded by member Bill Fignar, and upon vote being taken thereon, the fallowing voted in favor thereof, Philip Cohen, Maurice Britts, Tony Kuefler, Bill Figr�,r and Robert Jensen; and the following voted against thm same. none, whereupon said resolution was declared dully passed and adopted. The City Manager Introduced the next ,item on the agenda, Addendum to the an amendment to an exiating NSP easement in the Palmer NSP Easement Lake Basin. He stated that Northern States Power Agreement Company has plans to replace the wooden H structure supporting power lines on Xerxes Avenue North and in the Palmer Lake area with single pole steel structures which are generally regarded as being more aesthetically acceptable. He stated that a prerequisite to this would be an amendment to the 1,939 easement agreement between the property owners, now the City of Brooklyn Center, and NSP. 9 -9 -74 -10- Motion by Councilman Jensen and seconded by Councilman Britts to authorize the Mayor and the City Manager to execute an amendment to the 1939 NSP easement agreement. Voting in favor were: Mayor Cohen, Councilman Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. RESOLUTION Member Robert Jensen introduced the following resolution NO. 74 -153 and moved its adoption: RESOLUTION AMENDING THE 1974 GENERAL FUND BUDGET The motion for the adoption of the foregoing p 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. RESOLUTION Member Maurice Britts introduced the following resolution NO. 74 -1,54 and moved its adoption: RESOLUTION AMENDING THE 1974 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, 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. Retsolutiwln Accepting The City Manager next introduced a resolution accepting Bid , for Shcwer Rom bids for shower room tiling in the Community Center. Tiling in the Coman�nity He stated that the expenditure had been comprehended Center as a 1975 capital outlay item for the Parks and Recreation Department budget, but due to the severity of the problem the work should be done during this year annual shut - down for repairs. He stated that he would recommend funding through the use of Revenue Sharing as a capital expenditure. A discussion ensued relative to the funding of the project with Councilman Britts commenting that the project should be financed by the Mayor and Council Contingency Fund. He Mated that by using the Contingency Fund to cover the cost of the project, less criticism would be generated in terms of Revenue Sharing expenditures. The City Manager suggested that his subsequent recom- mendation to finance the improvement with Revenue Sharing funds was consistent with the use of Revenue SharLng funds in the 1974 Budget for capital expenditure purposes. He stated that the improvement did not represent a recurring activity and the value of the improvement would be capitalized as part of the Community Center. -11- 9 -9 -74 Member Tony Kuefler Introduced the following resolution RESOLUTION and moved Its adoption: NO. 74-155 RESOLUTION ACCEPTING QUOTATION FOR CERAMIC TILING AT COMMUNITY CENTER SHOWER ROOMS 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: Maurice Britts, who stated that he Is not in opposition to the project but is objecting to the proposed use of Revenue Sharing funds, whereupon said resolution was declared duly passed and adopted. Member Maurice Britts Introduced the following ordinance ORDINANCE and further moved its adoption, provided, however, that NO. 74-23 for the purposes of the minutes of the proceedings of the City Council the text of the ordinance shall be attached to the rninutes and be a part thereof.- AN ORDINANCE AMENDING CHAPTER 21 REGARDING THE LICENSING AND REGULATION OF TAXICABS The motion for the adoption of the foregoing ordinance 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 ordinance was declared duly passed and adopted. Member Tony Kuefler introduced the following ordinance ORDINANCE and further moved Its adoption, provided, however, that NO. 74-24 for the. purposes of the minutes of the prr, of the City Council, the text of the ordinance shall be attached to the minutes and be a part thereofi. AN ORDINANCE AMENDING CHAPTERS 23 AND 27 REGARDING CATERING FOOD VEHICLES The motion for the adoption of the foregoing ordinance was duly seconded by member Robert Jensen, and upon vote baln)g taken thereon, the following voted in favor thereof-. Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar and Robert 7ensen,- and the following voted agalniat the same: none, whereupon said ordinance was declared duly passed and adopted. Member Bill Fignar introduzed the following ordinance ORDINANCE and moved its adoption-, NO. 74-25 AN ORDINANCE AMENDING SECTION 11 -503 OF THE CITE'' ORDINANCES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS-, 9-9-74 -12- Section 1: Chapter 11 of the City Ordinances is hereby amended by the repeal of the following: [Section 11 -503. NUMBER OF LICENSES ISSUED. It is hereby declared to be the public policy of the City of Brooklyn Center to issue one less "on- sale" license than authorized by state laws and to thereby avoid the aban- donment of the municipal "off- sale" liquor store operations. Unless otherwise authorized by a majority of voters voting on the question at a special election called for such pur- pose, the City Council shall not issue the maximum number of liquor licenses authorized by Minnesota Statutes 3400353 as amended by Special Law, Laws 1973, Chapter 522 (House File 1871) State of Minnesota.] Section, 2: Chapter 11 of the City Ordinances is hereby amended by the addition of the following: Section 11 -503. NUMBER OF LICENSES ISSUED. The number of private "on -sale" liquor licenses issued by- t he City of Brooklyn Center shall conform to provisions 'of Minnesota Statutes, Section 340:353 as amended by the Session Laws of 1974, Chapter 268. (Senate File 919) State of Minnesota. Section 3: This ordinance shall become effective after adoption and 30 days following its legal publication. Adopted this 9th day of September, 1974. The motion for the adoption of the foregoing ordinance was duly seconded by member Maurice Britts, and upon vr)te being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, Bill FJ.;nar and Robert Jensen; and the following voted against the same: name, whereupon said ordinance was declared duly passed and adopted. Ordinance Relative The City Manager next referred to an ordinance amendment to Warehou ing and to Chapter 35 relative to warehousing and storage in the Storage in the I -1 I -1 district. He stated that interest has been expressed District by the developers in the Industrial Park to provide for, through a special use permit, warehousing and storage in the I -1 district. The Director of Planning and Inspection reviewed the ordinance amendment stating that the Planning Commission had recommended its adoption as a special use In the I -1 district. A discussion ensued relative to the concept with Council- man Jensen voicing a concern in terms of truck movement through the Industrial Park area. He questioned the standards which would control such an operation. Councilman Kuefler questioned whether the amendment would allow warehouse operations near the freeway. Mr. Tremere replied that land value would seem to make such an operation prohibitive near the freeway. -13- 9 -9 -74 Motion by Councilman Fignar and seconded by Councilman ORDINANCE Kuuefler to adopt the first reading of an ordinance amending First Reading Chapter 35 relative to warehousing and storage in the I -1 district. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuuefler, Fignar and Jensen. Voting against: none, The motion passed unanimously. Motion by Councilman Britts and seconded by Councilman Licenses ,Jensen to approve the following licenses: FOOD ESTABLISHMENT LICENSE American Bakeries Co, 97 East 12th St. GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE LeRoy Johnson Sanitation 125 Bunker Blvd, Metro Ref 983 7 - 3rd Ave, S. MECHANICAL SYSTEMS LICENSE Preferred Sheet Metal,, Inc, 5088 Rice Street Rich Heating and Air Conditioning Route 4, Box 129 Voting in favor were: Mayor Cohen, Councilmen Britts, Kueflar, Fignar and Jansen. Voting against: none. The motion paiasad una nimously. The City Manager next recommended an increase in the Special Assessment special assessment search charge from its present Search Charge $2.00 to $5.00 effective Oct,,�ber 1, 1974. He com- mented that the charge ha, Loot been adjusted since 1956. Mc ti by Couric. Brltt� and seconded by Councilman Figinar tcd 1noraa8e the special assessment search charge t 5.00 effeotive October 1 , 1974. Voting in favor were: Mayor Cch�sn, Ccurio.11men Britts, Kuuefler, Fignar and Jerlion. Voting , sgalnit: nc..�,ne. The mo tion passed tiu',Lri�ini,rn c sly Mot ion by Brittnj and seconded by Councilman 1975 Budget Hearing Kuefler to recunvene the 1 9`J5 budget hearing. Voting in fav�c r were: Mayor Cohen, CoL ncllmen Britts, Kuuefler, Fignar arad Jeansei, V(r against: none. The motion passed m The City Manager prw,3anted a summary of his proposed 1975 BUdget t:r the C,4,ty Counci:l. He emphasized that i,nflatti,ul.n c� ,rnbinad w,i , levy llriits caused are extreme crunch in the City°$ ability to oontlnul,e financing existing program, munch lei; con�)i.der any new or revised programs. lie pi:,.I.,ated P, nut that in addition the Legislature had with - drawru certaiun growth revenues to municipalities such as cigarette and liquor tact „haring and had replaced them with a local government aid formula which provided Brooklyn Ceniter with revenue than the old shared takes. He asserted, as a cons that this pro - posed budget represented the last annual budget which ccuu,ld be offered with out the recommendation of sub - stantial cuts in programs and personnel, unless changes are made by the Legit,lat°lure in 1975 which will recognize 9- 9 -74 -14- i the fact that local government cannot subsist on 6% per capita annual revenue increases while inflation runs far In exceGs of that amount. The City Manager also described the general features of the proposed expenditures. He pointed out that there are two basic types of appropriations - -those which are mandated by State law over which the City Council has no funding discretion, and those programs and municipal services, some of which are mandated by State law, over which the City Council has a certain amount of discretion. He pointed out that nearly two-thirds of the City budget has traditionally consisted of labor costs, as is the case in moot other municipalities. He then completed a general review of the appropriations, suggesting, that a detail review of Individual General Fund accounts be reserved to a jacceeding meeting. Motion, by Councilman Fignar and seconded by Councilman ,Jensen to adJourn the 1975 budget hearing until September 16 1974. Voting In favor were: Mayor Cohen, Councilman Britts, Kuefler, Fignar and Jensen. Voting again t: none. The motion passed unanimously. AdJc Motion by Councilman Kuefler 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 unalnl, uA,y. The Brooklyn Center City Council adjourned at 12-.10 a.m. Clark Mayor 9-9-74