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Home My WebLink About1974 11-04 CCM Regular Session i MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA G REGULAR SESSION ` NOVEMBER 4, 1974 CITY HALL t 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. f Roll Call Mayor Cohen, Councilmen Britts, Fignar, Kuefler, and Jensen. Also present were City Manager Donald Poss, Director of Public Works James Merila, Director of Finance Paul Holmlund, Director of Planning and Inspection Blair Tremere, City Attorney Richard Schieffer, and Administra- tive Assistants Daniel Hartman and Tames Lacina. Invocation The invocation was offered by Reverend Guenther of the Brook Park Baptist Church. Approval of Minutes Motion by Councilman Kuefler and seconded by Council- r 10 -7 -74 man Jensen to approve the minutes of the October 7, 1974 C ; meeting as submitted. Voting in favor were° Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against. none. The motion pas aed unanimously. j Approval of Minutes Motion by Councilman. Britts and ( corded by Councilman 10 -21 -74 Fignar to approve the minutes of the October 21, 1974 meeting as submitted. Voting in favor were, Mayor Cohen, t Councilmen Britts, Kuefler, Fignar and Jensen. Voting againot: none. The motion passed unanimously. Human Rights Commission The City Manager introduced Mr. Donald Davis, Chairman Presentation (I °m OK of the Human Rights Commission. Mr. Davis presented a f Program) report on the actiw'.ties of the Homan Rights Commission. He ;Mated that the Commission has been developing pro - grams in two major areas -- handicapped and senior citizens. He c - ;mmented that the Co y n i, in the process of developing a booklet on handicapped accessibility in Br o"_ klyn Center. He stated that Ms. Audrey Benson, President of the United Handicapped Federation, spoke to the Commission at its last meeting. He commented that the purpose of the United Handicapped Federation is to speak for the handicapped throughout the metropolitan area. Mr. Davis stated that the Commission has also been involved with senior citizens and has endorsed the "I'm OK" program in Brooklyn. Center. He commdnted that the program is a simple way to check on the welfare of senior citizens daily by the use of the "I'm OK " card hung on their door. He stated that the program is sponsored by the American Red Cross and is available to the senior citizens in Shingle Creek Towers at this time. He com- mented that the program has received a good response from the senior citizens in the area. r - 1- 11 -4 -74 i I� A discussion ensued with Mayor Cohen commenting that the program seems to be a good way of checking on senior citizens who have medical problenns a Mr. Davis stated that the progr „ . co uld also he Lised for the han capped. Councilman Jensen commented that the pre serita _,ic id-�de by Ms. Benson at the Human Rights Co"ard siorn was excellent. He stated that her presentation offered insights into the many problems of the handicapped in the metropolitan area. Motion by Councilman Jensen and -cseconded by Council - man Fritts to endorse the "I' OK " progra as pres by the Human Rights Comm] �s on® Voting in favor were, Mayor Cohen, Councilmen TBritts, a Kueefler, o Fignar and Jensen. Voting against° none. The motion passed. urnw- nd mously . The City Manager next commented that a final plat has Final Plat Approval been prepared for Nest River F tate�° Addition submitted ( "T- st River Estates by Mr® Harold Swanson. The Dir cto� r of Public Works n .:ai,rion) r r viewed the plat recomm, _, g that it was in order, The City Manager stated teat trie orgy problem with the West River Es tates Addition plat the reed for a satis- f rir financial perfornnarnce gi t which has not Lbei n ubm ftlted. He c rz ,,,, rnG te,' that the ;staff is presently ter(_ rk`,ng with Mr. Swans cn. r ,�� 1 °rr. - he ma,ttero Mct: _n by Co' n'cilman K._�efli,er and , __econded b Council- man - Jensen to approve the f nal plat for the West River Estates Addition subm.tt "ed b Mr. Harold Swanson snub - ect t the cE rnditicrn that a .� an( al performance ", � -: rantc-e sat s actory t,o thice City Manager, must be before th fi ua.i Plat 11_ filled. Voting. in favor were° Mayor Cohen, C. ' C i'` 1. n Br tt o Kuefler Fignar and Jer_<se7n® Voting aga.n__, nclr�, . The rrloticrr passed Ma. or Cohen recces gin` zEE d ate -e Ada , cce of Bcy Scouts Boy Scout Troop r . Troop �'r ® 299, E; F.;_ .!�, ted Methodist Church. loo. 299 _ hai at -- y ndarice and comrn.ended vm ( t eir T,nter - 7 1c - _- , Cal y Manager next r �K � m;! � r� �'it�"1Cr��atl� to con Authorization for Fire Depar , ,rll ,n tra 1 q at 5 Colfax Fire Department a Ncrt:h. He a that the property has beerj Training Exercise ,uc;,�_'.'� rmnedd icy, the Gi "� and. th, Minneapolis) owner of the n ; pe has reg ,emote a-J, authorized the burning of the r He stated that t g,h ,, a training exercise Fire Department will, be givens an opportunity to simu- a ; trainir °ug exercises i,'sn r a real fire si uatic He commented that nerghb ring property owner, wo- , »l ,.' r u f:,,'.ed of the training �ixe c before the exercise ` c nd, c_ttad so that they are aware of the situation. Cou,, il- rr,arn - 'en,sen inquired cf City 1111ability with respect to the nelLghboring property ownens . The City Manager commented that the City would be open to liability but that there woul be little rise in such a training exercise, 11 -4 -74 -2- A discussion ensued relative to the training exercise with the City Manager presenting pictures of the property showing the structure. Motion by Councilman Britts and seconded by Council- man Fignar to authorize the Fire Department to conduct a training exercise at 5341 Colfax Avenue North by burning the structure on the property. Voting in favor were- Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously, 1974 Audit Agreement The next item discussed was the 1974 Audit Agreement (Moen and Penttila, Inc.) as submitted by Moen and Penttila, Inc. The City Manager stated that the cost has increased due to increased labor costs. He commented that the City is charged on an hourly rate which reflects the actual time spent in the audit. He stated that the total cost would be approximately $15,000 with liquor and public utilities covering a certain part of the cost relative to their operation. Councilman Fignar inquired as to how the auditor is chosen. The City Manager responded that it is a professional service and does not require any type of bidding process. He stated that Moen and Penttila, Inc. is an experienced CPA firm and has conducted many municipal audits in the metropolitan area. He commented that the firm is management orientated in terms of finance and is available throughout the year on a consultant basis. Motion by Councilman Britts and seconded by Council- man Jensen to authorize the Mayor and City Manager to execute the 1974 Audit Agreement as submitted by Moen and Penttila, Inc. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefier, Fignar and Jensen. Voting against: none. The motion passed. unanimously. Site Performance The City Manager commented that ',he Shell Oil Company Bond Release has requested the release of a site performance bond (Shell Oil Company) held on its station, located at 69th Avenue North and Humboldt Avenue North. He stated that the bond was posted as a guarantee performance for certain obligations associated with its site and building plans. He com- mented that the site has been inspected and it meets with approved plans. Motion by Councilman Jensen and seconded by Council- man Britts to authorize release of the performance bond being held on the Shell Oil Company station located at 69th Avenue North and Humboldt Avenue North in the amount of $500. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against, none. The motion passed unanimously. -3- 11-4-74 i The City Manager next stated that a petition has been Resolution received from those residents living on Scott Aven'ue North Establishing from 87th Avenue North to 09th. Avenue North requesting Improvement water main and street surfacing. He recommended Project Nos. adoption of a resolution which will establish the necessary 1974 -34 and 35 improvement projects. The Director of Public Works reviewed the projects. He stated that the water plain would be a trunk main tied to the overall system. He commiented that the residents would pay the flat rate established, for water main installa- tion. Cn.,x oilman Jensen, inquired of the flat rate. Mr. Merila responded that the flat rate we udd be $750 per rezld.ential lot'. He stated that s the petition has been received s uri,ng 1974, the rage world not change even if constr' ct , n is held over until 1975. Member Maurice Briars ntrodo«.ced the following resolution RESOLUTION and moved its adoption). NO. 74 -183 RESOLUTION ES''TABLiSHE G WATER MAIN IMPROVEMENT PROJECT NO. 1974m34 AND STREET SURFACING IMPROVE- MENT PROJECT NO. 1974-35, AND ORDERING PREPARA- TION OF PLANS AND SPECIFICATIONS The mot'lon for, the ads pt o of & t,a foregoing resol -ula' Jn wa, duly seconded by member Bill Figriar, and pon c.te being taken theyc�(L- , 9 f(, _)llowing voted in favor t hereof, Philip Cohen, Ma r .ze Britts o Tony Ku'efler Bill Fignar and Robert e; , and the following voted aga"nZt the same- nc_ e a ereupl, said resoluatio wir ,, declared duly Pas : d ar d adapted. Member Tony Kaefler 41 trc d a he following rya,_ 1 � j: RESOLUTION � mc, �ts adc,ptl NOo 74 -184 RES01,13 PROVIDING FOR P• `BLIC HEARING ON K .i KSED WATER MAIN" ?MPROVEMI-ENT PROJECT NO. i j74 34 AND PROPOSED STRF;ET SURFACING IMPROVE- MENT PROJECT NO. 1974 -11:) hia r�ic i n fcr the ado pi,1c c.,f the foregoing rasolut.4cn s d ly secG:nde"d b ( Maurice Bruts �y� o and upon e ng taken t ire ; , ttle fo llow.ing voted in favor f o Ph L l p Coh, Ma' rIc_ e Brit's n I e �- a �_ TCS��y KL�' �� ry and Rc -)er !i " and. the following voted the same, n ne, wh , ere'." pcn said resolution w3a- declared dull paEsed and adopted. Mer;Oter Bill F'ignar it aF ._: the f'oDow-Ing resolution RESOLUTION and mc its adoption- NO. 74 -185 RESOLUTION REJECTING CONSTRUCTION CONTRACT BIDS (STREET CONTRA0 1974 --II) The mkcticm for the adF)pt_' _;n of i e fo regoing resolution was duly sdcondeded by , rrnber Tony Kuefler and upon l:e being taken Cher c,_, the f(_ lowing voted in favor 3reofo Philip Cohen, Maur `e Britts, Tony Ku.efler, :i,1. -4 -74 -4® Bill Fignar and Robert Jensen,. Voting against: none. The motion passed unanimously. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 74 -186 and moved its adoptions RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS (GRADING � & UTILITY CONTRACT 1974-1) The motion for the adoption of the foregoing resolution was duly seconded by member Robert Jensen, and upon vote being taken thereon, the followin g 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. RESOLU'T'ION Member Bill Fignar introduced the following resolution NO. 74 -187 and moved its adoptions RESOLUTION DENYING MR. ROBERT GORDON A TAXICAB LICENSE IN THE CITY OF BROOKLYN CENTER 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, when reupoun said resolution was declared duly passed and adopted. RESOLUTION Member Maurice .Britts introduced the following resolution NO. 74 -188 and n;o red its ad.optiona RESOLUTION AUTHORIZING YMCA G C DETACHED WORKER. PROGRAM The , n for the adoption of the foregoing resolution ways duly seconded by member Bill Fi and upon vote being taken thereon,, the following voted in favor they °eofs 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 Consenting The, City Manager recommended adoption of a resolution to an Amateur Boxing providing for consent to allow an amateur boxing Franchise franchise in Brooklyn Center. He stated that the Suburban Police Association has applied to the State Boxing Commission to conduct amateur boxing in Brooklyn Center. He commented that the resolution is recommended for the purpose of officially consenting to the issuance of such a boxing franchise pursuant to State law. A discussion ensued relative to the resolution with Councilman Fignar inquiring of liability for such a program.. The City Manager stated that he has not received a copy of the rules and regulations for such a franchise. He commented that the State Boxing Commission has complete authority to regulate such an operation. -5- 11 -4 -74 Councilman Britrfs stated that he would like to have more information on the boxiIng franchise. Mayor Cohen com- mented that the program I's good for young people interested i,n boxing, The City Manager stated that he would contact the Boxing Commission for a copy of their riles and regu.la- t on Member Maurice Britt ,ry troduced the following resolution RESOLUTION z and moved its adoption- NO. 74 -189 RESOLUTION CONSENTING TO THE ISSUANCE OF AN AMATEUR BOXING FRANCHISE IN THE CITY OF BROOKLYN C ENTER The motion for the adoption of the foregoing resolution was d' :seconded by .ember Bill Fignar and upon vo being taken thereon, she following voted in favor thereof. Philip Cohen, Maurice Brifi,s o Tony Kuefler, a Bill Fignar and Robert Jensen, and the fo11owing voted against the lame, none, where said resu Tution was declared duly p a < and adopted. r Member Maurice Britts 5'1r.Trcdt ced the following resolution RESOLUTION j and moved its adopts( .- NO, 74 -190 RESOLUTION TO AUTHORIZE A FEE TO BE CHARGED FOR FiE PROCESSING OF WORTHLESS CHECKS ISSUED TO THE C17 Y OF BROOKL!, N CLN . 1 *ir,I o'-n. fE.yr the ad ,.. _f ' xe foregol.ng resole d , was, d`. ➢,'y seconded" by ,�I: b ar Toy Kuefler and upon . v ote being taken therecn o th following voted in favor Ton Kue ler , here , (' - If , Ph ;,lip Cohen, Me�1gr51,.��'.��, Br`1tts a TJ�, � �� Buhl 1 jnar° ar, Rr b .rt' , W / ,-Lid the fc /llr:awinq voted the nti e, wherta p on said rep: oluf on was � clar ;d d-1 .pa„_ e- and adopted. The C."t at 8 3 p.m. and res - af :ad at Recess M },. ber Rcbert_ jc 5 _," << , ruia �cE,-�d the following res-o ➢ ation RESOLUTION -y vef a l o NO. 74 -191 t REyS, AUTHORIZ9. G PURCHASE OF BUDGETED k MOB:,LE, RADIOS THR0„GH COOPERATIVE PURCHASING ill,H THE CITY OF EDINA h,, !r.,0 for the a opt.�r� , rf the foregoing resolution i, d uly sec -c den by j -;`z r Maurice Brr.ffs ® and upon t , ne ng fak an herec th4e following voted In favor �rer f Ph -IJp Cofien o Mau rice Britfs o Tony Ku,efler '..'�.l Fig ar and Ro'6ert Ten e,,r2, and the following voted tlha s'a e— n ne, w1 er'-a A. said resolution was de( ,fared duly passed and . -irR «�pted 1 Member Maurice introodlced the following resolution RESOLUTION _ 'rnov d its adopt, r ;rrj-, NO. 74 -192 R.'SOLU AUTHORIZING THE TRANSFER OF FUNDS BETWEEN THR•GENERAL FTJND AND THE POLICE PENSION Fr_TND s 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. ORDINANCE Motion by Councilman Kuefler and seconded by First Reading Councilman Fignar to offer for first reading an ordinance amending Chapter 3 relative to mechanical permits. 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 First Reading Councilman Kuefler to offer for first reading an ordinance amending Chapter 35 relative to rezoning from R -5 to C -1 the parcel to be used in the Group Health Plan, Inc. development. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none.' The motion passed unanimously. ORDINANCE Motion by Councilman Britts and seconded by Council- First Reading man Kuefler to offer for first reading an ordinance amending Chapter 13 relative to prohibiting the possession and consumption of alcoholic beverages in Twin Lake Beach Park. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. Licenses Motion by Councilman Britts and seconded by Council- man Fignar to approve the following licenses: BULK VENDING MACHINE LICENSE Vendall 1820 East 38th St. CIGARETTE LICENSE Moore Way Co. Arctic Metal 653,0 Jaynes Ave. Theisen Vending Bill West 76 2000 - 57th Ave. MECHANICAL SYSTEMS LICE All Season Comfort, Inc. 141 7 - 18th St. N.W. NON- PERISHABLE FOOD VENDING MACHINE LICENSE Bond 'Tool and Die Co. 6840 Shingle Crk. Pkwy. Cat Pumps 1600 - 65th Ave. Gold Medal Beverage Co. Bill West 76 2000 - 57th Ave. Griswold Co. Dayton's Brookdale Moore Way Co. Arctic Metal 6530 James Ave. Pioneer Distributing Co. LaBelle's 5025 Earle Brown Dr. Humboldt Avenue Standard 6900 Humboldt Ave. PERISHABLE FOOD VENDING MACHINE LICENSE Interstate United Earle Brown Farm Office 6120 Earle Brown Dr. - 7 - 11 -4 -74 Voting in favor were. Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against. none. The motion passed unanimously, The City Manager next discussed a proposed NSP electric Northern States franchise and the developments which have occurred in Power Franchise relation to Public Service Commission regulations. He commented that he has received a communication from the City of St. Paul requesting cooperation from other com- munities in the area to present a uniform position on rates before the Public Service Commission. He stated that St. Paul has been in a position of providing lower rates to its citizens due to rate regulation authority in its Charter. He suggested that the rest of the com- mL, in the area have paid the difference for their lower rates. The City Manager continued by suggesting that Brooklyn Center's posture be one of cooperation with other com- munities. He also informed the City Council that the City's electric franchise with NSP has expired and NSP has proposed a new franchise for Brooklyn Center. He stated that he is f presently preparing a counter - proposal for response to NSP. I He commented that the City has an opportunity with the new franchise to establish provisions for a franchise fee. He stated that the City Charter does not prohibit such a fee which could be an alternate source of revenue with levy limitations. He commented that the fee would be part of the contractual agreement between NSP and the City and would not be considered a tax. He pointed out that the provision would give the City authority to impose a 5% fee at the prerogati�ze of the City Council. The City Manager continued by suggesting that the fee would be somewhat pro gre live as contrasted to property taxes. He stated that a basic amount of electricity is used by all residents, but those with a higher ability to pay have a tendency to use more electricity and, thus, pay a larger share of the franchise fee. He also com- r ented that commercial and industrial users would pay a. greater portion of the overall fee than would residential ers A discussion ensued relative to the fee concept with general comments made on the franchise itself. Council - man Jensen inquired of the need for such a franchise. The City Manager replied that NSP uses public property for its operation and, thus, some type of contractual agreement must exist with theme He stated that other area of concern in the franchise must be consumer protection. He con - clu,ded by suggesting that he continue development of a franchise counter - proposal, refine it with NSP representatives, and thereafter submit it for Council deliberation. 11 -4 -74 -8- Adjournment Motion by Councilman Kuefler and seconded by Councilman Britts 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 10014 p.m. I r i i I J Jeri Mayor -9- 11 -4 -74