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HomeMy WebLinkAbout1973 05-07 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 7, 1973 CITY HALL Call to Order The City Council met in regular session and was called to order at 7 :35 p.m. by Mayor Philip Cohen. Roll Call Mayor Cohen, Councilmen Leary, Britts, Fignar, and Kuefler. Also present were City Manager Donald Poss, Director of Public Works James Merila Chief of Police Thomas O'Hehir, Director of Finance Paul Holmlund, Director of Planning and Inspection Blair Tremere, City Attorney Richard Schieffer, and Administrative Assist Daniel Hartman. Approve Minutes Motion by Councilman Kuefler, seconded by Councilman 4-23 -73 Fignar to approve the minutes of the April 23 meeting as corrected. Voting in favor were Mayor Cohen, Council - men Leary, Kuefler, Britts and Fignar. Voting against: none. Motion passed unanimously. Approve Fire Relief Notion by Councilman Leary, seconded by Councilman Association Bond Britts to approve the purchase of $75,000 of Federal Purchase National Mortgage Association bonds by the Brooklyn Center Volunteer Fire Department Relief Association. Voting in favor were: Mayor Cohen, .Councilmen Leary, Kuefler, Britts and Fignar. Voting against: none. Motion passed unanimously. Regarding the establishment of a Board of Equalization hearing, the Mayor stated the matter would be deferred until the next regular City Council meeting so that a specific date could be set. ORDINANCE Member Tony Kuefler introduced the following ordinance No. 73 -9 acid moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 RELATING TO PARKING REQUIREMENTS FOR BOWLING ALLEYS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Section 35- 704 of the City Ordinances is hereby amended as follows: 2. Commerce (Retail and "ServicelOffice) (e) Bowling [Alleys] Establishments [Seven] Five spaces for each [alley] lane Additional narklipg far food ajW refresh - Luent facilities shall be determined sego inv to Subsection (a) a Section 2: This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 7th day of May, 1973. -1- 5 -7 -73 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, John Leary, Tony Kuefler, Maurice Britts, and Bill Fignar; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. RESOLUTION Member Bill Fignar introduced the following resolution NO. 73-66 and moved its adoption: RESOLUTION APPROVING CONSTRUCTION PLANS FOR THE IMPROVEMENT OF T.H. 152 AT THE INTERSECTION or 63RD AVENUE, 69TH AVENUE, AND 71ST AVENUE NORTH, AND NORTHWESTERLY OF WINGARD LANE The motion for the adoption of the foregoing resolution was duly seconded by member John Leary, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Maurice Britts, Tony Kuefler, and Bill Fignar; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member John Leary introduced the following resolution NO. 73 -67 and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (CONTRACT 1973 -A) 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, John Leary, Maurice Britts, Tony Kuefler, and Bill Fignar; and the fallowing voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Maurice Britts introduced the following resoiu- NO. 73--68 tion and moved its adoption: RESOLUTION ACCEPTING QUOTATIONS FOR BASKETBALL. BACKBOARDS 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, John Leary, Maurice Britts, Tony Kuefler, and Bill'Fignar; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Scheduled Improvements The City Manager next explained that public hearings Projects Public Hearings for several improvement projects had been scheduled for this meeting. He stated that due to a variety of circumstances some of the proposed projects had yet to be finalized so that they could be acted upon; and that because many of the projects were interrelated, only a couple could receive final disposition at this meeting. Mayor Cohen noted that a number of citizens who had been notified of the meeting were present and he apologized for any inconvenience which might be realized due to the postponement of final disposition -2- 5 -7 -73 of some of the projects. He then asked the Director of Public Works to review each of the projects for the benefit of those present. The Director of Public Forks reviewed Improvement Project Nos. 1973 -2, 1973 -3, and 1973 -5. The Mayor then recognized the residents of 6731 Scott Avenue North, 6742 Scott Avenue North, and 6837 Scott Avenue North and a brief discussion ensued. Table Hearings on Motion by Councilman Fignar, seconded by Councilman Projects 1973-2, Leary to table the formal public hearing and final dis 1973 -3, 1973 -5 position of project Nos. 1973 -2, 1973 -3, and 1973 -5 until the earliest appropriate meeting. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Kuefler, and Fignar. Voting against: none. Motion passed unanimously. The Director of Public Works then reviewed project No. 1973 -6 and a fief discussion ensued. Table Hearing on Motion by Councilman Kuefler, seconded by Council - Projects No. 1973 -6 man Fignar to table the public hearing and final dis- position of project No. 1973 -6 until the earliest appropriate meeting. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Kuefler and Fignar. Voting against: none. Motion passed unanimously. The Director of Public Works then reviewed project No. 1973 -7 and a brief discussion ensued. Table Hearing on Motion by Councilman Britts, seconded by Councilman Project No. 1973 -7 Leary to table the public hearing and final disposition . of project No. 1973 -7 until the earliest appropriate meeting. Voting in favor were: Mayor Cohen, Council - men Leary, Britts, Kuefler, and Fignar. Voting against: none. Motion passed unanimously. Hearing and Disposition The Mayor announced that the meeting was open for of Project 1973 -8 the consideration of proposed street surfacing Improve- ment project No. 1973 -8. The clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks publication thereof in the official newspaper, the last publication being on May 3, 1973, which affidavit was examined and found satisfactory and ordered placed on file. Action to Redefine The Mayor then called upon all property owners present Project Resolution to present arguments either for or against the proposed (Project 1973 -8) improvement. He recognized the residents of 6342 Girard 6343 Girard and 6343 Dupont Avenues North. After hearing and considering all objections and the property owners appearing in favor of said improvement, there was a motion by Councilman Leary, seconded by Councilman Britts to redefine the project resolution by deleting that portion of the project comprehending street resurfacing from 67th Avenue North from Quail Avenue to Orchard Avenue. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Kuefler, and Fignar. Voting against: none. Motion passed unanimously. Further discussion ensued. -3- S -7 -73 Councilman Tony Kuefler introduced the following resolution and moved its adoption on the basis that the project unit assessment shall not exceed the estimated assessment rate of $5.90, with any excess to be met by utilizing public utilities funds. RESOLUTION RESOLUTION ORDERING CONSTRUCTION OF STREET NO. 73 -69 SURFACING IMPROVEMENT PROJECT NO. 2973 -8 The motion for the adoption of the foregoing resolution was duly seconded by member John Leary and upon vote being taken thereon, the following voted in favor there - of: Philip Cohen, John Leary, Maurice Britts, Tony Kuefler, and Bill Fignar; and the following voted against the same: none, whereupon said was declared duly passed and adopted. Hearing and Disposition The Mayor announced the meeting was open for con - of Project 1973 -9 sideration of proposed water main improvement project No. 1973 -9. The clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks publication thereof in the official newspaper, the last publication being on May 3, 1973, which affidavit :was examined and found satisfactory and order placed do files Action to dose Public The Mayor then called upon all property owners present Hearing on Project 1973 -9 to present arguments either for or against the proposed Improvement. He recognized the property owners at the following addresses on Bryant Avenue North: 5300 5406, 5315, 5325, 5309, 5326, 5447, and 5327. Motion by Councilman Kuefler and seconded by Council - man Fignar to close the public hearing on project No. 1973 -9. Voting in favor were: Mayor Cohen, Council- men Leary, Britts, Kuefler, and Fignar. Voting against: none. Motion passed unanimously. Hearing and Disposition The Mayor announced that the meeting was open for of Project 1973 -10 consideration of proposed street surfacing improvement project No. 1973 -10. The clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks publication thereof in the official newspaper, the last publication being on May 3, 1973, which affidavit-was examined and found satisfactory and order placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed Improvement. Discussion on An extensive discussion ensued regarding the cost Assessment Policy hardship on senior citizen residents and the prospects of deferring the project assessment costs until hook up. Upon evaluating such prospects it was the con - sensus of the Council that such a determination to defer the assessment costs for this project would establish a precedent for similar remaining projects and would probably be inappropriate considering the long- standing precedence established in assessing other similar projects. -4- 5 -7 -73 RESOLUTION Member Tony Kuefler introduced the following resolution NO. 73 -70 and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF WATER MAIN IMPROVEMENT PROJECT NO. 1973 -9 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, John Leary, Maurice Britts, Tony Kuefler,' and Bill Fignar; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member john Leary introduced the following resolution NO. 73 -71 and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF STREET SURFACING IMPROVEMENT PROJECT NO. 1973 -10 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, John Leary, Maurice Britts, Tony Kuefler, and Bill Fignar; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Action Directing Staff Motion by Councilman Britts, seconded by CouncIlzmn Review of Financing Fignar to direct the City Manager to review the problem and Assessment Policy of the financial burden placed upon fixed - income senior for Above Projects citizen, residents as a result of necessary public against heir properties assessed a i t t p p ro acts s 9 improvement p a j and to recommend any feasible relief measures which might result from such review. Voting in favor were: Mayon Cohen, Councilmen Leary, Britts, Kuefler, and Fignar. Voting against: none. Motion passed unanimously. Recess .. The meeting recessed at 10:30 p.m, and resumed at 10 :55 P.M. Action to Defer The City Manager recommended that action awarding Resolution Regarding Contract No. 1973 -C be deferred to a subsequent Contract 1973 -C meeting because of the inability to act on certain of the Improvement Projects. Motion by Councilman Britts, seconded by Councilman Fignar to defer until the next meeting any action on accepting the bids and approving a contract form for Contract No. 1973 -C. h n Councilmen Leary, were: Mayor Coe Voting n favor w y , 9 Britts, Kuefler, and Fignar. Voting against: none. Motion passed unanimously, Consideration of Water The City Manager stated that bids were recently Storage Tank Proposals opened for a 1 5 million gallon water storage tank, (Improvement Project No. 1973 -1) involving a variety of alternative designs and accompanying prices He stated that the Director of Public Works had made a total cost analysis of the proposals. The Director of Public Works explained the design features of the alternative water storage tanks and towers. _5_ 5 -7 -73 An extensive discussion ensued as to the financial analysis comparing the various designs, and the City Manager noted that based on this analysis, the recommendation was for a 1.5 million gallon hydro- pillar type tank. RESOLUTION Member Bill Fignar introduced the following resolution NO. 73 -72 and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (CONTRACT 1973 -B) The motion for the adoption of the foregoing resolution Was duly seconded by member John Leary, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary; Maurice Britts, Tony Kuefler, and Bill Fignar; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member John Leary introduced the following resolution NO. 73-73 and moved its adoption: II � RESOLUTION ESTABLISHING STREET GRADING, BASE & SURFACING IMPROVEMENT PROJECT NO. 1973 -11 AND CURB & GUTTER & SIDEWALK IMPROVEMENT PROJECT NO. 1973 -12, AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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, John Leary, Maurice Britts, Tony Kuefler, and Bill Fignar; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Bill Fignar introduced the following resolution NO. 73 -74 and moved its adoption: RESOLUTION ESTABLISHING STREET GRADING, BASE & SURFACING IMPROVEMENT PROJECT NO. 1973 -13 AND CURB & GUTTER AND SIDEWALK IMPROVEMENT PROJECT NO. , 1973.14, AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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, John Leary, Maurice Britts, Tony Kuefler, and Bill Fignar; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Discussion of Metro There next ensued a discussion relative to the features Rate Authority Proposal of the proposed Uniform Electrical Franchise for the metro area. The City Manager stated that in order to conform with the Brooklyn Center Charter requirements and the time schedule established by the committee profbting the adoption of the electrical franchise, it wag necessary that the Council hold a Charter required public hearing on the matter on May 21, 1973. -6- 5 -7 -73 The City Manager then proceeded to review the more salient aspects of the proposed Metro Rate Authority and he recommended several alterations in the draft language. Councilman Kuefler stated that he would refrain from any discussion and final action on the matter in that he was an employee of Northern States Power Company. Consensus Developed . Following an extensive discussion the Mayor Directing Staff to Proceed determined that there was a consensus of the City with Rate Authority Council to direct the City Manager to proceed with Participation initiating the City's participation in a Metro Rate Authority by implementing the recommended altera- tions and establishing the date for a public hearing on May 21. New Liquor Store The City Manager briefly commented as to long - Plans Reviewed planned and pending plans to relocate the Lyndale Avenue Municipal Liquor Store No. 1 to a site in a shopping center at 69th and Humboldt Avenue North, which was currently under construction. He stated that consultation had occurred with the owner of the shopping center and that plans were currently being made as to engage an architect to perform the interior design of a new store. Recognize Representative Mayor Cohen then recognized Representative Ernee MacArthur MacArthur, who commented as to the progress of various legislative matters relating to municipal government. A brief discussion ensued. Discussion of Federal The City Manager commented that recent federal Revenue Sharing regulation requires that municipalities participating Requirements and in the Federal Revenue Sharing program must file a Priorities pre -plan for the use of third entitlement period monies by June 20, 1973. He stated that considera- tion had been given on the staff level to a procedure whereby such a pre -plan may be committed on the bases of something other than a hasty decision making process. He noted the Council's concern that Priorities should be established in a reasonable manner. An extensive discussion ensued relative to the establishment of priorities for the use of Revenue Sharing funds and the City Manager outlined a possible program wherein ongoing programs and city operations, which conformed to federal regulations and priorities as to the use of Revenue Sharing funds, could be included in the pre -plan. The Federal Revenue Sharing funds in effect could then be used for those programs and operations, and that liquor store profits normally directed to those uses could be reserved for those things which met with the City Council's priorities eventually established for the use of Federal Revenue Sharing funds. Comment on Court In other business the City Manager stated that the Decision Relative long pending court action involving the site perfor- to Brookdale Gardens mane bond for the Brookdale Gardens apartment Performance Bond complex had been concluded with the court ruling in the City's favor. He stated the amount of the bond had been $25, 000 and that a remaining amount -7- 5 -7 -73 following the deduction of certain court related costs would be used to accomplish as much needed site work as funds would permit. Discussion of The City Manager then stated that the Hennepin Hennepin County County League leadership had proposed a major League Proposal change in the mission and organization of the Hennepin County League as it is now constituted. He presented copies of League President Al Hilde's support for the proposal and he noted that there were additional major ramifications to that proposal which should be discussed. Action to Direct Councilman Britts, liaison representative to the Preparation of Hennepin County League, explained the features of Resolution Regarding the new Hennepin County League proposal and offered Above Proposal opinions to the effect that it did not seem appropriate to shut off communication between the central cities and the suburbs in favor of a continuous conflict situation between the central cities and suburbs. An extensive discussion ensued regarding the pro - posal after which there was a motion by Councilman Britts, seconded by Mayor Cohen to direct the staff to prepare a resolution noting the Council's position as follows: That the Council has examined the pro- posal of the new Hennepin County League format; That the City Council does not disagree with the concept of a suburban advocacy group to serve suburban interests in the State Legislature and before the Metropolitan Council; That the City Council believes that such a concept should be expanded and not limited to Hennepin County; That the City Council does not concur with a negative approach of isolating suburbs and central cities into totally adversary relationships. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Kuefler, and Fignar, Voting against: none. Motion passed unanimously. Approve Licenses Motion by Councilman Britts, seconded by Council- man Fignar to approve the following licenses: BINGO LICENSE Brooklyn Center Jaycees 7214 Girard Ave. ITINERANT FOOD ESTABLISHMENT LICENSE Brooklyn Center Babe Ruth Auxillary 6913 Oliver Ave. Mrs. Jaycees 7214 Girard Ave. MECHANICAL SYSTEMS LICENSE Jerry Baer Heating S, Ventilating Co. 3024 - 4th Ave. Gas Supply, Inc. 2238 Edgewood Ave. Mill City Heating & Air Conditioning 13005B - 16th Ave. Minneapolis Gas Co. 733 Marquette Ave. Richmond & Sons 2810 Major Ave. MOTOR VEHICLE DEALERS LICENSE - CLASS " A" North Star Dodge, Inc. 6740 Brooklyn Blvd. -8- MOTOR VEHICLE DEALERS LICENSE - CLASS "B" ZeeGee Power Sports, Inc. 4321 - 68th Ave. SIGN HANGER'S LICENSE Gold Medal Beverage Co. P. O. Box 3466 Midway Sign Co., Inc. 444 North Prior Ave. SWIMMING POOL LICENSE Brooklyn Center Community Center 6301 Shingle Creek Pkwy. Columbus Village Apts. 69th & Lyndale Ave. Holiday Inn of Brooklyn Center 1501 —65th Ave. Lyn River Apts. 65th & Lyndale Ave. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts , Kuefler, and Fignar. Voting against: none. Motion passed unanimously. Adjournment Motion by Councilman Fignar, seconded by Council - man Britts to adjourn the meeting. Voting in favor were: Mayor Cohen, Councilmen Leary,'Britts, Kuefler, and Fignar. Voting against: none. Motion passed unanimously. The City Council meeting adjourned at 1 :18 a. m. I Ci Clerk Mayor -9- 5 -7 -73