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HomeMy WebLinkAbout1973 06-04 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEP.IN AND THE STATE OF MINNESOTA REGULAR SESSION JUNE 4, 1873 CITY HALL Call to Order The City Council met in regular session and was called to order by Mayor Philip Cohen at 7:35 p.m. Roil Call Mayor Cohen, Councilmen Leary, Britts, Fignar, and Kuefler. Also present were City Manager Donald Poss, Director of Public Works James Merila, Director of Finance Paul Holmlund, Director of Planning and Inspec- tion Blair Tremere, Chief of Police Thomas O'Hehir, and City Attorney Richard Schieffer. Invocation The invocation was offered by Pastor Lindquist of the Brookdale Covenant Church. Approve Minutes Motion by Councilman Fignar, seconded by Councilman 5 -21 -73 Leary to approve the minutes of the May 21, 1973 (reconsidered later meeting as submitted. Voting in favor were: Mayor in meeting) Cohen, Councilmen Leary, Britts, Fignar, and Kuefler. Voting against: none. Motion passed unanimously. Acknowledge Claim Motion by Councilman Leary, seconded by Councilman Britts to acknowledge the filing of a notice of claim on behalf of Connie Mickelson for alleged injuries. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar, and Kuefler. Voting against none. Motion passed unanimously. RESOLUTION Member Maurice Britts introduced the following reeoli -j-- NO. 73 -83 Lion and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT 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, Bill Fignar, and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Pill Fignar introduced the following resolution NO. 73 -84 and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT 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, BiII Fignar, and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Purchase of Paint The City Manager next explained a proposal to purchase Booth Materials approximately $3, 000 worth of materials necessary to bring the municipal service garage paint booth up to O.S.H.A. standards. A brief discussion ensued. -1 - 6 -4 -73 Motion by Councilman Kuefler, seconded by Councilman Fignar to authorize the purchase of a variety of materials approximately $3,000 in cost for the purpose of bringing the municipal service garage paint booth in conformance with 0.S.H.A. standards. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar, and Kuefler. Voting against: none. Motion passed unanimously. Proposed Noise The City Manager next explained details of a proposal Suppression Materials to purchase noise suppression materials for the for Civic Center Community Center swimming pool area. He stated various types of materials were being examined and evaluated, and that the intent was, as recommended by the City's consultant several years ago, to complete approximately one -half of the recommended project so that further judgment could be made as to its effective- ness. A brief discussion ensued. Payment for Bond The City Manager next commented as to a recommenda- Issue Consulting tion that the Council formally authorize the payments and Legal Services to Springsted, Incorporated and to LeFevere, Lefler, Hamilton and Pearson for bond consulting services and legal opinion in conjunction with the City's recent bond Issue. Following a brief discussion there was a motion by Councilman Fignar, seconded by Councilman Kuefler to authorize the payment of $4,250 and $650 to Springsted, Incorporated and LeFevere, Lefler, Hamilton and Pearson respectively for consulting services and legal opinion. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar, and Kuefler. Voting against: none. Motion passed unanimously. Increased Liquor The City Manager next explained that the City had an Liability Insurance opportunity to increase the amount of its liquor sales Coverage liability insurance coverage. He stated that such coverage was relatively difficult to procure at a reason- able cost and he recommended that authorization be made to purchase the additional coverage. Following a brief discussion there was a motion by Councilman Britts, seconded by Councilman Kuefler to authorize the purchase of additional liquor sales liability insurance to increase the amount of coverage from $300, 000 to $500, 000. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar, and Kuefler. Voting against: none. Motion passed unanimously. RESOLUTION Member John Leary introduced the following resolution NO. 73 -85 and moved its adoption: RESOLUTION ACCEPTING WORK AT THE CIVIC 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, John Leary, Maurice Britts, Bill Fignar, and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -2- 6 -4 -73 RESOLUTION Member Tony Kuefler introduced the following resolution NO. 73 -86 and moved its adoption: RESOLUTION RESCINDING RESOLUTIONS NUMBERED 72 -198, 72 -199 AND 72 -200 CALLING FOR PREPAYMENT OF GENERAL OBLIGATION BONDS; AND TO ESTABLISH RESERVE ACCOUNTS IN CERTAIN SPECIAL ASSESSMENT DEBT RETIREMENT FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Eill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Maurice Britts, Bill Fignar, and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Maurice Britts introduced the following resolu- NO. 73 -87 tion and moved its adoption: RESOLUTION ESTABLISHING SIDEWALK IMPROVEMENT PROJECT 1973 -15 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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, Bill Fignar, and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION ES TION Member h introduced the following resolution e John Lea i trod ed f J g Leary NO. 73 -88 and moved its adoption: RESOLUTION ESTABLISHING PUBLIC UTILITY SERVICE EXTENSIONS IMPROVEMENT PROJECT NO. 1973 -16 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, Bill Fignar, and Tony Kuefler; 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 -89 and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING FOR PUBLIC UTILITY SERVICE EXTENSION IMPROVEMENT PROJECT 1973 -16 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, Bill Fignar, and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -3- 6 -4 -73 RESOLUTION Member Tony Kuefler introduced the following resolution NO. 73 -90 and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS (Contract 1973 -D) 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 , Bill Fignar, and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Draft Resolution The City Manager briefly discussed a draft resolution Regarding Fire Training submitted for the purpose of authorizing the execution Facility joint Agreement of a joint powers agreement which would provide for a fire training facility at the new North Campus Vo -Tech School. He staffed that there were some reservations concerning the language of the agreement with respect to the stated procedures for amending provisions. He commented that no action was recommended at this time and the matter would be put on a subsequent agenda. Following a brief discussion the matter of authorizing a joint powers agreement relative to participation in a fire training facility was deferred until a subsequent meeting. Amendments to The next item of business was consideration of proposed Planning Application amendments to the site plan for the Evergreen Park No. 72066 apartments, 72nd and Camden Avenues North, as con- tained in Planning Commission Application No. 72066. The City Manager commented that a number of unauthor- ized site modifications were unilaterally made by the developer and that the developer had been required to process changes not yet undertaken as formal amend - ments to the application. The Director of Planning and Inspection noted that the matter had been considered by the Planning Commission on May 17 and he reviewed the minutes. He noted that generally there were no objections to the site amend- ments, but that strong objections had been voiced concerning the procedure by which the applicant had physically altered certain aspects of the apartment development without prior approval by or knowledge of the City. Mayor Cohen then recognized Mr. Vern Linder, who identified himself as the owner of the project and who stated that he had brought the revised plans to the attention of the Building Inspector, upon confirmation of his suspicion that certain unauthorized changes had been made. The Director of Public Works then proceeded to review the several site alterations proposed as amend- ments to the original plans and a brief discussion ensued. Action Approving There was a motion by Councilman Kuefler, seconded Amendments to by Councilman Fignar to approve the amendments to the Application No. 72066 site plan for Evergreen Park apartments as contained in (Vote follows dis- Planning Commission Application No. 72066. cussion) -4- 6 -4 -73 Further Discussion In further discussion Councilman Britts stated that while Regarding Unauthorized he realized the project was virtually completed in terms Plan Amendments and of building construction, he stated that the circum- Construction stances put the Council in a most difficult position, and he personally found it difficult to vote either for or -against the motion. Councilman Britts further inquired as to whether the site development performance bond could be applied, in light of the changes proposed. The Manager responded in the affirmative. Councilman Fignar commented that among the concerned parties, namely, the owner, the general contractor and the architect, it appeared the latter held the highest degree of responsibility. Councilman Leary stated that it was imperative that the Council g o on record to the effect that the City will not and should not be expected to acquiesce to such arbitrary, unapproved changes. He noted this concern was accentuated by the possibility that the amendments may not have been so desirable. The Manager stated that this was the established policy and that with regard to the present case, the matter of unauthorized site and building plan amendments was being pursued administratively. Mayor Cohen then called for a vote. Voting in favor were: Mayor Cohen Councilmen Leary, Britts, Fignar, Y ry and Kuefler. Voting against: none. Motion passed unanimously. Consider Draft The next item of business was consideration of a drat Electric Franchise Uniform Electrical Franchise ordinance. The City Ordinance Manager stated that discussions had been held with representatives of Northern States Power Company to clarify the proposed City - initiated changes in the document. He then proceeded to review the proposed language changes and he explained the deadline for approval of the ordinance by participating communities was July 31. First Reading of Following further discussion there was a motion by Uniform Electrical Councilman Leary, seconded by Councilman Fignar to Franchise Ordinance offer for first reading the Uniform Electrical Franchise ordinance representing the establishment of a metro rate authority. Voting in`favbr were: Mayor Cohen, Councilman Leary, Councilman Britts, and Councilmen Fignar. Not voting: Councilman Kuefler who explained that he had refrained from discussion and participation in the action because of his employment with Northern States Power Company. The motion passed. Recess The meeting recessed at 9 :15 p.m. and resumed at 9 :45 p.m. Federal Revenue The next item of business was consideration of Federal Sharing Requirements Revenue Sharing reporting requirements. The City Manager explained that the Treasury Department regu- lations require that a formal Revenue Sharing pre - spending report be submitted by June 20, 1973. He stated that in addition, the regulations require publica- tion of the report in the official newspaper prior to submission to the Treasury Department. -5- 6-4 -73 He then proceeded to discuss the ramifications of the various rules and regulations which are emerging relative to Revenue Sharing. An extensive discussion ensued regarding the emerging rules and regulations. The City Manager stated that in order to meet the reporting requirements, as well as to remain within the general policy guidelines established by the City Council concerning the appropriate use of Revenue Sharing funds, it was the intent to file an executive proposal statement for the use of such funds which would subsequently be reflected in future budget proposals presented to the Council for approval. Consensus to Authorize Following further discussion the consensus was Manager to Submit developed to authorize the City Manager to submit an Executive Statement Per executive proposal statement concerning the use of Revenue Sharing Reporting Federal Revenue Sharing funds received by the City in Regulations conformance with federal regulations requiring a pre- spending report. The Mayor left the table and handed the gavel to Mayor Pro Tem Leary at 10:20 p.m. Surplus Properties The next item of business was discussion of the current and Possible status of surplus City properties and disposition pro - Disposition cedures which might be followed. The City Manager Alternatives explained that the subject properties included the former municipal building and site of the present liquor store at 6445 Lyndale Avenue North and the former City Hall located at 7100 Brooklyn Boulevard. He stated the sub - ject properties and buildings were appraised in 1971 and that it was evident that the value of the buildings represented a minor part of the value of the sites as a whole. He commented, however, that several inquiries had been received from potential buyers of the subject properties and that their interests fended to center around the use of the subject buildings. Mayor Cohen returned at 10 :25 p.m. The City Manager stated that the issue was: to what extent is the community willing to forego established principles regarding the use of the subject properties in terms of zoning, aesthetics, and safety, for the sake of achieving a high market value for the subject pro - perties by including the buildings. Mayor Cohen commented that it had been the informal policy of the Council that the Lyndale Avenue building would ultimately be demolished and the property (Zoned C -2) sold once the City use of the site had ceased. He stated that relative to the former City Hall on Brooklyn Boulevard, it had been the informal policy of the Council over the years to deem the appropriate zoning use as the present R5 or possibly C -1. In further discussion Councilman Leary stated that the basic question was whether to remove the buildings, and Councilman Fignar stated that it would appear that the lots would ultimately be more salable for desirable uses if the buildings would be removed. -6- 6 -4 -73 Councilman Kuefler suggested that the incremental tax return from new buildings would, over a period of time, probably amortize the value lost by demolishing the existing obsolete buildings. Consensus Developed A consensus developed that: relative to the property Regarding Disposition located at 7100 Brooklyn Boulevard the City would not of City Properties be interested in any uses other than R5 or possibly Cl; and that the City would not entertain at this time any proposals for acquisition of the property which involved the use of the existing buildings. Report and Discussion The next item of business was consideration of on County League Councilman Fignar's report regarding the proposed Reorganization reorganization of the Hennepin County League of Municipalities. Following Councilman Fignar's com- ments, extensive discussion ensued and Mayor Cohen stated that the basic need was to determine the value to the City of the various municipal interest organiza- tions, before making a final decision as to whether to participate in any of them. Councilman Britt's In other business Councilman Britts noted an article he Comments on Age had read in a recent issue of the Brooklyn Center Post of Majority Law relative to the age requirements of the City's liquor' and Ramifications ordinance vs. the recently adopted state law establish - for the City ing the age of majority in Minnesota as 18 years. He noted also that the state attorney general had issued an opinion that the new state law superseded local laws concerning the rights of 18 year old citizens. He stated that the Council should give consideration to seeking a staff review of the status of the City ordinances with recommendations as to amendments to bring the ordinances in conformance with the new state law; or, as an alternative, to consider the possibility of legal challenge in the courts as to this issue. The City Manager stated that he agreed a review should be made of all ordinance provisions with respect to the new law regarding the age of majority, and such changes as deemed necessary should be made to bring the ordinances in compliance. He commented, however that the matter of principle involved as to the merits of the subject legislation was a separate issue. .Action Directing Following further discussion there was a Action by Staff Review of Councilman Britts, seconded by Councilman Fignar to Ordinances instruct the staff to undertake an evaluation of the City ordinances with respect to bringing them into compliance with the newly passed age of majority law and to recommend such changes as may be necessary. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar, and Kuefler. Voting against: none. Motion passed unanimously. In other business the City Manger explained the recommended release of the $3,500 site performance bond held for site improvement at the Brooklyn Center Assembly of God Church, 6018 Xerxes Avenue North, as stipulated in Planning Commission Application No. 68057. He stated that the work originally was to have been completed in the fall of 1969 and had been con - tinued since then due to certain landscaping deficien- cies. -7- 6 -4 -73 The Director of Planning and Inspection stated that the approved landscaping work had been completed, with the exception of some sodding which was being in- stalled at the present time, He stated that the premium for the bond was due for renewal and that the pastor of the church requested release of the site improvement guarantee. Action Authorizing Motion by Councilman Kuefler, seconded by Councilman Conditional Release Leary to authorize the release of the $3, 500 site of Site Performance improvement bond held for site improvements at the Bond for Assembly Brooklyn Center Assembly of God Church, 6018 Xerxes of God Church Avenue North, as stipulated in Planning Commission Application No. 68057, subject to the condition that remaining site work shall be inspected and approved by the City staff prior to release of the bond. Voting in favor were: Mayor Cohen; Councilmen Leary, Britts, Fignar, and Kuefler. Voting against: none. Motion passed unanimously. Provision for Fuel In other business the City Manager commented as to Supplyy and Reserves various steps currently being taken to assure adequate fuel and gasoline supplies in the future. He stated that use would be made of an available fuel oil storage tank at the City property on Lyndale Avenue and that the uel reserve Would be used as needed for the City Y Hall, City Garage and Fire Stations. Regarding gasoline storage he noted that a 10, 000 gallon tank was in place at the Municipal Garage and that there was very little reserve capacity. He recommended that authorization be given for the pur -' chase of a second 10, 000 gallon gasoline storage tank to be located at the Municipal Service Garage to assure a continuous, adequate supply of vehicle fuel. Action Authorizing Following a discussion there was a motion by Council - Purchase of Gasoline man Britts, seconded by Councilman Leary to authorize Storage Tank the purchase of a 10,000 gallon gasoline storage tank to be located at the Municipal Service Garage. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar, and Kuefler. Voting against: none. Motion passed unanimously. Approval of Licenses Motion by Councilman Britts, seconded by Councilman Kuefler to approve the following licenses: MECHANICAL SYSTEMS LICENSE C. O. Carlson Air Conditioning 709 Bradford Ave. SWIMMING POOL LICENSE Twin Lake North Apts. 58th and Major Ave. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar, and Kuefler. Voting against: none. Motion passed unanimously. Comment on Highway In other business Councilman Kuefler requested that Population Size Signs the City Manager take any possible steps to have the Highway Department amend the population signs on the interstate highway approaches to the City. -8- 6 -4 -73 Reconsideration of In other business the City Manager stated that the Approval of Minutes Director of Planning and Inspection and the City for 5 -21 -73 Attorney recommended that the Council reconsider the approval of the May 21, 1973 minutes for purposes of possibly amending the language reflected in the dis- position of Planning Commission Application No. 73410. Motion by Councilman Britts, seconded by Councilman Fignar to reconsider the approval of the Niay 21, 1973 Council minutes. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar, and Kuefler. Voting against: none. Motion passed unanimously. Mr. Tremere explained that the City Attorney recom- mended amending the language contained in the approval action of Application No. 73010 submitted by R. A. Zimmerman, so that the subject paragraph would read as follows: "Following further discussion there was a motion b y Leary, Councilman Lea , seconded by Councilman Britts to approve Planning Commission Applica- tion No. 73010 requesting a division of Lot 2, Block 1 Eckberg Addition, Hennepin County sub- ject to the following conditions: 1. No dwelling or dwelling unit shall be permitted on the two substandard lots created by the subdivision of Lot 2, Block 1 Eckberg Addition, Hennepin County. 2. The City Attorney is directed to file this conditional approval on the titles of the subject parcels. Voting in favor were Mayor Cohen, Councilmen Leary, Britts, Kuefler, and Fignar. Voting against: none. Motion passed unanimously." Approval of Minutes Motion by Councilman Kuefler, seconded by Council - (as amended) man Fignar to approve the minutes of the May 21, 1973 5 -21 -73 meeting as amended. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar, and Kuefler. Voting against: none. 14sotion passed unanimously. Adjournment lotion by Councilman Leary, seconded by Councilman Eritts to adjourn the meeting. Voting in favor were: Mayor Cohen, Councilmen Leary, Fritts, Fignar, and Kuefler. Voting against: none. Motion passed unani- mously. The City Council meeting adjourned at 11:15 P. M. Clerk lVayor -9- 6 -4 -73