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HomeMy WebLinkAbout1974 11-18 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 NOVEMBER 18, 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 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 Administrative Assistants Daniel Hartman and James Lacina. Invocation The invocation was offered by Reverend Toy of Harron Methodist Church. Approval of Minutes Motion by Councilman Kuefler and seconded by Councilman 11 -4 -74 Fignar to approve the minutes of the November 4, 1974 meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. Approval of Minutes Motion by Councilman Jensen and seconded by Councilman 11 -5 -74 Kuefler to approve the minutes of the November 5, 1974 meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. 1975 Fire Relief The City Manager introduced the first item of business, Association Budget an amendment to the 1975 Fire Relief Association section Amendment of the budget. He stated that the Brooklyn Center Fire Relief Association has requested authorization to increase the salaries of the treasurer and secretary of the Association. He stated that the present salary was set in 1971 at $75 per month for each position and that the Association has requested an increase of $50 per month and $25 per month respectively for the treasurer and secretary. He stated that the City Council has approval authority since the City is responsible to keep the Pension fund actuarially sound. Motion by Councilman Fignar and seconded by Councilman Jensen to authorize a $50 per month and $25 per month increase in salary respectively for the treasurer and secretary of the Brooklyn Center Fire Department Relief Association. Voting in favor were: Mayor Cohen, Council- men Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. Fire Relief Association Motion by Councilman Kuefler and seconded by Councilman Purchase of Investments Fignar to approve the Brooklyn Center Fire Relief Associa- tion purchase of $75,000 worth of Federal National Mortgage Association debentures at an interest rate of 7.05 %. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. -1- 11 -18 -74 Member Maurice Britts introduced the following resolution RESOLUTION and moved its adoption: NO. 74 -194 RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVEMENT NOTES 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, Robert Jensen and Bill Fignar; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager next introduced a resolution which would Resolution Establishing establish a Social Services account in the 1975 General Social Service Accounts Fund Budget. He stated that the intent of the resolution is for the 1975 Budget that the Social Services account act as a vehicle for pro- grams such as the Detached Worker program, and any other social services programs authorized by the City Council in the future. He stated that the resolution also appropriates the $2,500 required for the Detached Worker program from the Federal Revenue Sharing fund. A discussion ensued relative to the proposed resolution with Councilman Britts inquiring as to the relationship of the City with the Human Services Council, The City Manager replied that he keeps informed of their activities, but it is a county- oriented organization designed to coordinate pro - grams and with a resolve to operate independent of City governments. The City Manager also informed the City Council that the Detached Worker program would not become effective in Brooklyn Center until January 1 1 975. Member Bill Fignar introduced the following resolution and RESOLUTION moved its adoption: NO. 74 -195 RESOLUTION ESTABLISHING A SOCIAL SERVICES ACTIVITY; AMENDING THE 1975 GENERAL FUND BUDGET TO.FUND SAID ACTIVITY; AND TO ENCUMBER FEDERAL REVENUE SHARING FUNDS The motion for the adoption of the foregoi-�g resolution was duly seconded by member Maurice Britts, and upon vote being taken thereon, the following voted Ix 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 Maurice Britts introduced the following resolution RESOLUTION and moved its adoption: NO. 74 -196 RESOLUTION CORRECTING ASSESSMENT ON CERTAIN PARCELS FOR WEED DESTRUCTION, LEVY #5955 11 -18 -74 -2- 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. Licenses Motion by Councilman Kuefler and seconded by Councilman Britts to approve the following licenses: CHRISTMAS TREE SALES LICENSE Northside Y's Men 4205 Winnetka Ave. CIGARETTE LICENSE Duoos Bros. American Legion 4307 - 70th Ave. N. Imperial Vending K-Mart 5930 Earle Brown Dr. MECHANICAL SYSTEMS LICENSE P & H Services Co. 208 - 73rd Ave. N. NON-PERISHABLE FOOD VENDING MACHINE LICENSE Brooklyn Center High School 6500 Humboldt Ave. N. Coca Cola American Bakeries 4215 - 69th Ave. N. Gold Medal Beverage Co. Phillips 66 Station 5 0th & Drew Ave. N. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against, none. The motion passed unanimously. 1975 Legislative The City Manager discussed a memorandum from the Recommendations Association of Metropolitan Municipalities outlining its of the Association 1975 municipal revenues and expenditures legislative of Metropolitan proposals. He stated that the Association will have a Municipalities general membership meeting to take final action on the proposals. He commented that the City Council should discuss the pr;,posais so that the representatives to the Association will have an idea of the Council's position on the propc The matter was deferred to later in the meeting. Public Hearing The City Maz_ager next stated that public hearings had (Improvement Project been sched for a water main project and a street No. 1974-34) surfacing prcllect. The Director of Public Works reviewed Improvement fioject No. 1974-34. He stated that the project would provide water main on Scott Avenue North from 67th Avenue North to 69th Avenue North and 67th Avenue North from Quail Avenue North to Scott Avenue North. Mr. Merila stated that a petition had been received requesting the water main with 68% of the residents signing in favor. He commented that the assessment rate for the project would be $750 per residential lot. He recommended that construction be deferred until the spring of 1975. He said that the project would provide a trunk water main as recommended in the Black and Veatch proposal to provide improved water pressures to the northwest sector of Brooklyn Center. -3- 11-18-74 Mayor Cohen then opened the meeting to those interested residents present to speak either for or against the pro- posed project. He recognized- Mrs. Bell of 6725 Scott Avenue North, who inquired whether the trunk water main was installed under the freeway. Mr. Merila replied that the trunk water main was installed about a year ago. He stated that the only segment to the trunk main project remaining; is on Scott Avenue North. The Mayor also recognized the residents of 6818 Scott Avenue North and 6724 Scott Avenue North who questioned aspects of the proposed project. A discussion ensued relative to whether construction should be completed this fall or deferred until next spring. Councilman Jensen inquired of the staff recommendation with Mr. Merila commenting that construction should be deferred so the street would not be open during the winter months.. He stated that this is a safety concern in the early part of the spring when the thaw occurs. He commented that problems could arise as far as movement on a street if it is not properly surfaced. Member Maurice Britts introduced the following resolution .RESOLUTION and moved its adoption: NO. 74 -197 RESOLUTION ORDERING CONSTRUCTION OF WATER MAIN IMPROVEMENT PROJECT NO. 1974 -34 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. The Director of Public Works next reviewed Improvement Public Hearing Project No. 1974 -35. He stated that the project provides (Improvement Project street surfacing on Scott Avenue North from 67th Avenue North No. 1974 -35) to 69th Avenue North, 68th Avenue North from approximately 135 fAet west of Scott Avenue North to approximately 135 feet east of Scott Avenue North and 67th Avenus North from Scott Avenue North to Regent Avenue North. He stated that a petition has also been received for this p : vjact with 69% signing in favor. Mr. Merila commented that the completion ante for the project Is estimated for June 1, 1975. He stated that is is impossible to resurface the street this fall even if the water main is installed. He commented that the present street is temporary In nature and the recommendation would be to install a per- manent hot mix street. Mayor Cohen opened the meeting to those interested residents present to speak either for or against the proposed project. He again recognized Mrs. Bell, 6725 Scott Avenue North, who inquired of the cost and whether an additional public hearing would be required if the bids received are higher than the esti- mates made by the Engineering Department.' Mr. Merila commented that there would be no choice on the matter if the bids are high but as a matter of information citizens in the area would be given a chance to discuss the bids. 11 -18 -74 -4- The residents of 6818 Scott Avenue North and 6700 Scott Avenue North were then recognized and a brief discussion ensued. Mr. Merila commented on the surfacing of side streets in the project. He stated that it has been the policy of the City when a permanent street is installed, the side streets abutting the major segment are also surfaced. RESOLUTION Member Robert Jensen introduced the following resolution NO. 74 -198 and moved its adoptions RESOLUTION ORDERING CONSTRUCTION OF STREET SURFACING IMPROVEMENT PROJECT NO. 1974 -35 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. Recess The Brooklyn Center City Council recessed at 8 :50 p.m. and resumed at 9 :15 p.m. Councilman Kefler assumed the chair in the absence of the Mayor. Planning Commission The next item of business was consideration of Planning Application No. 71068 Commission Application No. 71068 submitted by Mrs. (Mrs. Kathleen Harrison) Kathleen Harrison. The item was introduced by the Director of Planning and Inspection who explained that the applicant received a special use permit in 1972 following Ci' -spa Council authorization on December 13, 1971 for a beauty shop in her home at 3612 - 54th Avenue North. He explained that one of the conditions of the special use permit was it would be subject to review for purposes of renewal in two years from date of issuance. Mr. Treaiere c :.,r:imented that there is no record of complaints against the 'use and he noted that a number of neighboring property own rs had in 1971 submitted a petition in favor of the proposed use. He recommended the continuance of the special use permit for an unspecified amount of time. Mayor pro tez Kuefler noted that notified property owners were not pre;E -nt to speak either for or against the pro- posed special use. Motion by Councilman Fignar and seconded by Councilman Jensen to close the public hearing. Voting in favor were: Mayor pro tem Kuefler, Councilmen Fignar, Britts, and Jensen. Voting against: none. The motion passed. Action ApproviJg the Motion by Councilman Britts and seconded by Councilman Renewal of Planning Fignar to approve the renewal of the special use permit Commission Application comprehended under Planning Commission Application No. No. 71068 (Mrs. 71068 submitted by Mrs. Kathleen Harrison, subject to the Kathleen Harrison) condition that the use is subject to applicable ordinance requirements and violation thereof shall be grounds for revocation of the permit. Voting in favor were: Mayor pro tem Kuefler, Councilmen Britts, Fignar and Jensen. Voting against: none. The motion passed. - 5 - 11-18 -74 t The next item considered was Planning Commission Planning Commission Application No. 74052 submitted by Suburban Engineering Application No, 74052 Company for North Metro Construction Company. The item (Suburban Engineering was again introduced by the Director of Planning and Company) Inspection who stated that the applicant seeks approval of a preliminary plat for a 2.3 acre parcel between 73rd Avenue NorthEand Evergreen Park on the west side of Camden Avenue North. He stated that the land is zoned R-1 and the plat comprehends 6 lots plus a 60 foot dedication for the exten- sion of Woodbine Lane, a 30 foot dedication for future 72nd Avenue North extended, and a 30 foot dedication for thw west half of Camden Avenue North. Mayor Cohen returned to the table at 9:25 p.m. Mayor pro tem Kuefler recognized the applicant and a dis- cussion ensued relative to the future development of the R-1 parcel lying westerly of the subject land. Mr. Tremere commented that while the parcels to the west are not included at this time, the subject plat would not create a land lock situation in that the parcels to the west, when subdivided, could be served by 73rd Avenue North, Woodbine Lane, and even 72nd Avenue North, subject to approval of future plats. He briefly reviewed the history of previous attempts to sub- divide and develop the area. He commented that each of the proposed 6 lots including the corner lot, meets or exceeds the ordinance subdivision requirements as to land area. Motion by Councilman Jensen and seconded by Councilman Action Approving Britts to approve Planning Commission Application No. 74052 Planning Commission submitted by Silburban Engineering Company subject to the Application No. 74052 following conditions - (Suburban Engineering Company) 1. The final plat is subject to review by the City Engineer. 2. The final plat is subject to the requirements of Chapter 15 of the City Ordinanc.e��. Voting in favor were- Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against- none. The motion passed unanimously. Mayor Cohen assumed the chair at 9:34 p.r( . The next item of business was consideration of Planning Planning Commission Commission Application No. 74053 submitted by Mr. R. J. Application No. 74053 Patterson, 3800 Commodore Drive, The item was introduced (Mr. R. J. Patterson) by the Director of Planning and Inspection, who stated that the applicant seeks a special use permit for a home occupa- tion involving small engine repair in a detached double garage on the premises. He explained that the application is similar to one approved under Planning Commission Application No. 74002. Mr. Tremere continued by stating that the intent of the operation is to perform minor repair and tune-ups on lawn mowers, outboard motors, and other recreational engines by appointment only. He stated that the proposed hours of the operation are 4:00 p. m. to 9:00 p. m. , Monday through Friday, and from 10:00 a.m. to 6:00 p.m. on Saturday. 11-18-74 -6- Mr. Tremere explained that a condition of approval would specify an inspection by the appropriate officials to deter - mine whether proper safety measures have been taken. He stated that the operation will not be an open shop, but only where work is taken by appointment and only on a part -time basis. He also emphasized that the proposed use would be incidental and secondary t ®,the residential character of the premises. Mayor Cohen noted that notified property owners were not present to speak either for or against the proposed special use. Action Approving Motion by Councilman Britts and seconded by Councilman Planning Commission Fignar to approve Planning Commission Application No. Application No. 74053 74053 submitted by Mr. R. J. Patterson, 3800 Commodore (Mr. R. J. Patterson) Drive, subject to the following conditions: 1 . The use shall conform to all applicable ordinance provisions and violation thereof shall be grounds for revocation of the permit. 2. There shall be no outside storage of materials involved in the permitted use. 3. Appropriate fire and safety measures shall be taken as determined by an inspection of City officials. 4. The hours of operation shall be as follows: Monday through Friday - 4 :00 p.m. 9 :00 p.m. Saturday - 10 :00 a.m. - 6 :00 p.m. m 5. The permit shall be subject to review cne year from date of issuance. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Vcti�ag against: none. The motion passe - {_unanimously. Resignation of Mayor Cohen informed the City Council that he has Mr. Greg Almen received a letter of resignation from Mr. Greg Almen, a from the Conservation member of trhe Brooklyn Center Conservation Commission. Commission He stated that; Mr. Almen has resigned effective November 1, 1 974, due to his relocati on from the City. Motion by C�,1 --, oilman Kuefler and seconded by Councilman Jensen to acc =;pt Mr. Greg Almen's resignation from the Brooklyn Center Conservation Commission, and to instruct the City Manager to draft a resolution of appreciation. Voting in favor were: Mayor Cohen, Councilmen Britts, - Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. Appointment to the The Mayor next presented appointments to the Brooklyn Conservation Commission Center Conservation Commission. (Mr. Richard J. Forstrom) Motion by Councilman Britts and seconded by Councilman Fignar to confirm Mayor Cohen's appointment of Mr. Richard J. Forstrom to the Conservation Commission replacing Mr. Ronald Byrnes whose term will expire December 31, 1975. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. -7- 11 -18 -74 Motion by Councilman Britts and seconded by Councilman (Mr. Gary Livingston) Kuefler to confirm the Mayor's appointment of Mr. Gary Livingston to the Conservation Commission replacing Mr. Greg Almen whose term will expire December 31, 1976. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. The City Manager next introduced as a matter of discussion Public Utilities the topic of public utility regulation representation. He Regulation stated that a communication has been received from the Representation League of Minnesota Municipalities recommending a uniform approach to public utility rate filings. He stated that the League has suggested three options to communities: 1 . Communities can do nothing about influencing rate regulation. 2. Communities can react to rate regulation individually. 3. Communities can pool resources and work together toward influencing utility rate regulation. The City Manager suggested that the Suburban Rate Authority would seem to be the proper vehicle for a cooperative effort since it i, -, established, has credibility, and also has a reliable rate expert to provide assistance to the Public Service Commission. He stated that St. Paul has also pro- posed a type of cooperative effort with St. Paul in a leadership role. He continued by stating that the Suburban Rate Authority has proposed its expansion to encompass all communities in the , etropol tan area. Cou.ncilman Kuefler announced his abstention from consideration of the matter due to the fact that he is an e mployee of Northern States Power Company. Mayor Cohen commented that the credibility of the Suburban Rate Authority would be important in approaching the Public Service Commission.. Councilman Jensen,, the City representative to the Suburban Rate Authority, stated that +;arse Suburban Rate kuthority is the only organization in opera.t° - �n at this time with the needed expertise. The Mayor then polled the City Council on the issue and it was the consensus of the Council that the Suburban Rate Authority should be expanded and reorganized to represent municipalities in terms of public utility rate regulation. Upon recommendation of the City Manager, it was the December Meeting consensus of the City Council that the December regular Schedule meetings of the Council should be held on December 9, 1974 and December 23, 1974 due to scheduling problems. 11 -18 -74 -8- L Action Deferring the Motion by Councilman Britts and seconded by Councilman Awarding of Contract Fignar to defer the awarding of Contract No. 1974-1 until No. 1974-1 December 9, 1974. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Jensen. Voting against: none. The motion passed unanimously. State Boxing Franchise The City Manager confirmed the receipt of the State Rules and Regulations Boxing Franchise Rules and Regulations by the City Council. Recess The City Council recessed at 10.12 p.m. and resumed at 10:25 p.m. 1975 Legislative The City Manager continued the discussion of the 1975 Recommendations of Association of Metropolitan Municipalities municipal the Association of revenues and expenditures legislative proposals. He Metrqpolitan Municipalities reviewed each recommendation with the City Council (continued) highlighting its important aspects. It was noted that Councilman Kuefler as the representative of the City to the Association of Metropolitan Municipalities, will represent the positions of the City Council at the Association general membership meeting. 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 11.09 p.m. Clerk Mayor -9- 11-18-74