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HomeMy WebLinkAbout1973 10-01 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 OCTOBER 1, 1973 CITY HALL Call to Order The City Council met in regular session and was called to order at 7 :30 p.m. by Mayor Philip Cohen. Roil Call Mayor Cohen, Councilmen Britts, Kuefler, and Fignar. Also present were City Manager Donald Poss, Director of Finance Paul Holmlund, Director of Public Works James Merila, Director of Planning and Inspection Blair Tremere, Chief of Police Thomas O'Hehir, City Attorney Richard Schieffer, and Administrative Assistants Daniel Hartman and James Lacina. Invocation The invocation was offered by Reverend Lynch of the Brooklyn Center Baptist Church. Consider Proposed The first item of business was consideration of tentative Group Day Care policy guidelines for group day care facilities in apart - Facility Policy ment buildings and multi - residential complexes. The Guidelines City Manager reviewed a proposed list of seven guide- lines, which were in response to the Council's feeling that, in addition to the ordinance provision for group day care facilities as special uses in the R4 and R5 districts, there should be additional guidance provided specifically for proposed group day care facilities in multi- residential buildings and complexes. Following the City Manager's review of the proposed points an extensive discussion ensued. Regarding several of the guidelines which would require submission of supporting data from the applicant, Mayor Cohen suggested that perhaps a form could be developed by the staff which could be filled out by applicants. Councilman Britts stated that, in his opinion, state regulations did not speak adequately to certain safety considerations such as the location of outside play areas in such a manner that children would not be required to cross driveways; and, also as to the pro - vision for easy exit from buildings. The City Manager responded that such concerns could be addressed in the proposed guidelines. Consensus Developed Following further discussion the Mayor determined that Approving Guidelines it was the consensus of the Council to approve the and Directing Policy proposed policy guidelines for group day care facilities Resolution in apartment buildings and multi- residential complexes, and further that it was the consensus that the staff Prepare a resolution expressing said guidelines as Council policy. Review City Experience The City Manager then briefly commented as to a memo with Dutch Elm Disease from Director of Parks and Recreation Gene Hagel relative to the City's Dutch Elm Disease experience and program during the past year. He noted that 42 of the 100 trees inspected were sampled and 6 were determined to have Dutch Elm Disease. He also noted that 24 other trees were ordered removed, including dead elm trees which did not necessarily have indication of Butch Elm Disease. He also noted Mr. Hagel's comment that there had been a marked willingness by citizens to cooperate in the Dutch Elm Disease Program. -1- 10 -1 -73 Consensus Developed Following a brief discussion the Mayor determined that to Accept Report on Dutch it was the consenaUs of the Council to accept the report Elm Disease Program of the Director of lurks and Recreation relative to the City's Dutch Eld'Ibisease Program. Comments on Mayor Cohen then offered comments as to a recent Metropolitan Council meeting he had attended of the Metro Council regarding and Sewer Board Matters that body's operating budget and noted that he had taken exception to the year -old service'availability charge established by the Metropolitan Sewer Board. Mayor Cohen then asked the City Attorney for a status report as to the City's current litigation challenging the service availability charge and the attorney responded that not much progress had been made in the past few months due to certain procedural technicalities which had been recently resolved. A brief discussion ensued. Special Assessment The next item of business was a series of special Public Hearings assessment hearings which had been scheduled for the meeting. The City Manager explained that the purpose of the improvement hearings was to hear comments and answer questions relative to proposed special assess- ments relating to respective completed projects. The Director of Public Works then offered some general comments noting the statutory requirements for the hearings and explained the City's policy as to payment schedule and cutoff dates. He noted that the current interest rate was 7- 1/2°x. He then proceeded to review the various projects. The clerk produced an affidavit of publication of notice - of hearing on the review of the special assessment showing two weeks publication thereof in the official newspaper, the last publication being on September 13, 1973, which affidavit was examined and found satis- factory and ordered placed on file. Project 1972-27 Motion by Councilman Fignar, seconded by Councilman Britts to close the public hearing on water main Improve - ment project No. 1972 -27. Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar, and Kuefler. Voting against: none. The motion passed. Project 1972 -28 Following a brief discussion, including comments by Mr. LaCrosse, owner of the dairy store at S8th and Lyndale Avenues North, there was a motion by Council - man Kuefler, seconded by Councilman Fignar to close the public hearing on sanitary sewer improvement project No. 1972 -28. Voting in favor were. Mayor Cohen, Councilmen Britts, Fignar, and Kuefler. Voting against: none. The motion passed. Project 1972 -29 Motion by Councilman Britts, seconded by Councilman Kuefler to close the public hearing on street restoration improvement project No. 1972 -29. Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar, and Kuefler. Voting against: none. The motion passed,. Project 1972 -32 Motion by Councilman Fignar, seconded by Councilman Britts to close the public hearing on water main Improve- ment project .No. 1972 -32. Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar, and Kuefler. Voting against: none. The motion passed. -2- 10 -1 -73 Project 1972 -33 Motion by Councilman Kuefler, seconded by Councilman Britts to close the public hearing on street restoration project No. 1972 -33. Voting in favor were: Mayor ' Cohen, Councilmen Britts, Fignar, and Kuefler. Voting against: none. The motion passed. Project 1971 -15 Following comments by the Director of Public Works relative to a discussion with the developer of the Morningside Estates Addition regarding the amount and method of assessments on the east side of Bryant Avenue, there was a motion by Councilman Fignar, seconded by Councilman Britts to approve the method of allocating benefits and to close the public hearing on street surfacing improvement project No. 1971 -15. Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar, and Kuefler. Voting against: none. The motion passed. Project 1968 -18 Motion h Councilman Kuefler, seconded b Councilman Y Y Fignar to close the public on deferred water main improvement project No. 1968 -18. Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar, and Kuefler. Voting against: none. The motion passed. Project 1971 -23 Motion by Councilman Kuefler, seconded by Councilman Britts to close the public hearing on grading, base and surfacing improvement project No. 1971 -23. Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar, and Kuefler. Voting against: none. The motion passed. Project 1972 -16 Motion by Councilman Fignar, seconded by Councilman Britts to close the public hearing on sanitary sewer improvement project No. 1972 -16. Voting in favor were. Mayor Cohen, Councilmen Britts, Fignar, and Kuefler. Voting against: none. The motion passed. Project 1972 -17 Motion by Councilman Britts, seconded by Councilman Kuefler to close the public hearing on storm .sewer improvement project No. 1972 -17. Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar, and Kuefler. Voting against: none. The motion passed. Project 1972 -18 Motion by Councilman Kuefler, seconded by Councilman Fignar to close the public hearing on water main improve- ment project No. 1972 -18. Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar, and Kuefler. Voting against: none. The motion passed. Water Hookups, Motion by Councilman Fignar, seconded by Councilman Water Revenue Kuefler to close the public hearings on the assessments Sewer Connections for a series of public utilities water hookups, water revenue and sewer connections. Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar, and Kuefler. Voting against: none. The motion passed. Comment on Project 1971 -15 Assessment A brief discussion then ensued between the City Manager and the special assessments clerk as to procedural requirements regarding the adoption of the method of allocating benefits relating to street surfacing improve- ment project No. 1971 -15. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 73 -156 and moved its adoption: -3- 10 -1 -73 RESOLUTION CONFIRMING ASSESSMENTS FOR WATER MAIN IMPROVEMENT NO'S. 1972 -18, 1972 -27, AND 1972 -32; AND DEFERRED WATER IMPROVEMENT NO. 1968 -18; AND SANITARY SEWER IMPROVEMENT NO'S. 1972 -16 AND 1972 -28; AND STORM SEWER IMPROVE- MENT NO. 1972 -17; AND GRADING., BASE AND SURFACING IMPROVEMENT NO. 1971 -23; AND STREET SURFACING IMPROVEMENT NO. 1971 -15; AND STREET RESTORATION IMPROVEMENT NO'S. 1972 -29 AND 1972 -33; AND PUBLIC UTILITIES WATER HOOKUPS; AND PUBLIC UTILITIES WATER REVENUE 73; AND SEWER CONNECTIONS. 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, 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 -157 tion and moved its adoption: RESOLUTION CERTIFYING DELINQUENT PUBLIC UTILITY ACCOUNTS FOR 1971 TO HENNEPIN COUNTY TAX ROLLS 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, Bill Fignar, and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 73 -158 and moved its adoption: RESOLUTION CERTIFYING DELINQUENT NOXIOUS WEED CUTTING ACCOUNTS FOR 1973 CUTTING TO THE HENNEPIN COUNTY TAX ROLLS 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, Bill Fignar, and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Planning Commission The next item of business was consideration of Planning Application No. 73030 Commission Application No. 73030 submitted by John " (Farr Development) Klick for Darrel Farr Development Company. The item was introduced by the Director of Planning and Inspec- tion, who stated the, applicant was seeking preliminary plat approval for the Shores Townhouse Development on County Road 10 west of June Avenue North. He stated that Phase One of the development consisted of 40 individual home lots and a common area lot, all of which were contained in 9 separate blocks. He stated that the area which would eventually contain Phase Two was shown as an outlot to the plat. He then reviewed the Planning Commission minutes of September 6 and September 27, 19 7 13, and an extensive discussion ensued. -4- 10 -1 -73 Councilman Britts stated that he was aware of a number of complaints generated by neighboring property owners regarding the development of Phase One, and Mayor Cohen stated that over the past few years he had also been called by neighboring residents as to problems regarding the development of Phase One. The City Manager noted an extensive memorandum prepared by the "Planning Commission secretary reviewing the six year history of the development of the entire Twin Lake North Addition by the subject developer, and he commented that it was evident there had been a number of difficulties generated over the years, some of which had not yet been resolved. Mayor Cohen then recognized Mr. Jackson Reidesel, a project manager for the developer, and Mayor Cohen inquired as to the status of the project. Mr. Reidesel responded that current economic conditions were not conducive to sales and the ultimate success of the pro- ject. He stated that virtually all of the site improve- ments had been completed but that final completion of a number of the buildings had been temporarily halted. He stated that the developer was waiting for a positive change in the money market and he assured the Council that it was the developer's intent to do a good job and would proceed with all possible haste. Following further comments by Mr. Reidesel, Mayor Cohen acknowledged the ramifications of current economic conditions upon the housing industry and noted his appreciation of Mr. Reidesel's candor, which he noted had not been forthcoming from the developer for some time. In response to a question by Councilman Britts , Mr. Reidesel stated that a number of problems had developed at the field level and that Mr. Farr had not been aware of them until recently. The City Manager briefly commented that the staff had some reason to believe that there was a new level of cooperation on the part of the developer based upon discussions and meetings held with Mr. Reidesel and other members of Mr. Farr's staff. Action Approving Following further discussion there was a motion by Planning Commission Councilman Kuefler, seconded by Councilman Fignar to Application No. 73030 approve Planning Commission Application No. 73030 (Farr Development) submitted by John Klick for Darrel Farr Development subject to the following conditions: 1. The final plat is subject to the requirements of Chapter 15 of the City ordinances. 2. The final plat is subject to review by the City Engineer. 3. The ownership, management and maintenonce of all outside common areas and common facilities, including roadways, utilities, and street lighting, shall be under the jurisdiction of one homeowners association. 4. Homeowners association agreement and bylaws shall be submitted to the City; shall be subject to review by the City Attorney; and shall include -5- 14 -1 -73 a. provisions for the City to provide maintenance and revitalization of roadways, utilities and other common use facilities in the event the City Council deems such maintenance and revitalization necessary, with the cost of such expenses that might be incurred to be assessed to'the pro- . perty owners. b, provision for water and sewer main and fire hydrant maintenance and inspection agreements pursuant to Section 35 -410 (5) of the ordinances. In further discussion Councilman Britts noted that one of the conditions of the original site and building plan approval for the project was that plans for Phase Two would be reviewed by the Planning Commission and Council upon total completion of Phase One to determine if there were any necessary adjustments to the total development plan prior to entering into the construction of Phase Two. He stated that according to the developer Phase One was not completed and upon that basis and previous concerns which he had regarding this project, he could not vote in favor of the current application at this time. As a point of clarification the City Manager stated that the current application represented a preliminary plat of Phase One and that a final plat must be approved and filed before the townhouse units in Phase One can be sold. Mayor Cohen then called for a vote. Voting in favor were: Mayor Cohen, Councilmen Kuefler and Fignar. Voting against: Councilman Britts The motion passed. Recess The meeting recessed at 9:20 p.m. and resumed at 9:50 P. M. Reopen 1974 Motion by Councilman Britts, seconded by Councilman Budget Hearing Kuefler to reopen the 1974 budget hearing. Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar, The motion ssed. Voting against: Pa and Kuefler. g fast: none. T g The City Manager briefly reviewed several changes in s appropriation totals . which had been discussed ed at the V III earlier meeting and noted the inclusion of certain special levies which were authorized by state law. A brief discussion ensued and Councilman Britts stated he wished to commend the staff on the proposed budget noting particularly the judicious use of Revenue Sharing Funds. RESOLUTION Member Maurice Britts introduced the following resolu- NO. 73 -159 tion and moved its adoption: RESOLUTION TO ADOPT THE 1974 BUDGET 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, Bill Fignar, and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -6- 10 -1 -73 RESOLUTION Member Bill Fignar introduced the following resolution NO. 73 -160 and moved its adoption: i RESOLUTION TO AUTHORIZE A TAX LEVY FOR 1974 BUDGET APPROPRIATIONS 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, Bill Fignar, and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 73 -161 and moved its adoption: RESOLUTION TO CANCEL LEVY PREVIOUSLY CERTIFIED TO THE COUNTY AUDITOR 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, 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 -162 and moved its adoption: RESOLUTION TO CANCEL LEVY PREVIOUSLY CERTIFIED TO THE COUNTY AUDITOR 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 Brits, Bill Fignar, and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 73 -163 and moved its adoption: RESOLUTION TO CANCEL LEVY PREVIOUSLY CERTIFIED TO THE COUNTY AUDITOR 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, 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 -164 and moved its adoption: RESOLUTION TO CANCEL LEVY PREVIOUSLY CERTIFIED TO THE COUNTY AUDITOR 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 Brits, Bill Fignar, and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -7- 10 -1 -73 RESOLUTION Member Maurice • Britts introduced the following resulu- NO. 73 -165 tion and moved its adoption: RESOLUTION AUTHORIZING THE ISSUANCE OF TEM- PORARY IMPROVEMENT NOTES 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, Bill Fignar, and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ORDINANCE Member Tony Kuefler introduced the following ordinance NO. 73 -16 and moved its adoption: AN ORDINANCE AMENDING CHAPTER 5 OF THE CITY ORDINANCES THE CITY COUNCIL OF THE CITY OF BROOKLYN CL'W'E DOES ORDAIN AS FOLLOWS: Section 1: Chapter 5 of the City Ordinances is hereby amended as follows: Section 5 -201. ADOPTION OF FIRE PREVENTION CODE. There is hereby adopted by the City of Brooklyn Center for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Fire Prevention Code recommended by the National Board of Fire Underwriters, being particularly the €19661 1970 edition thereof, save and except such portions as are inconsistent with other City Ordinances, of which code not less than three (3) copies have been and now are filed in the office of the Clerk of the City of Brooklyn Center and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the- limits of the City of Brooklyn Center. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 1st day of October, 1973. The motion for the adoption of the foregoing ordinance was duly seconded by member Bill Fignar, and upon' vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Bill Fignar, and Tony Kuefler; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Consider Draft The next item of business was consideration of a pro - Ordinance Amending posed ordinance amending Council salaries. The City Council Salaries Manager stated that City Council salaries have not been changed since January 1971. He stated that by January 1974 those salary levels will have eroded by approximately 15% or 16% due to inflation. -8 10 -1 -73 He stated the draft ordinance was recommended for the purpose of adjusting Council salaries to the extent of the inflationary erosion since January 1971. He stated the increases amount to $35 per month for the Council- men positions and $55 per month for the Mayor's position. A brief discussion ensued. Councilmen Fignar and Britts stated the significance of the increase was that it was to offset inflation and they commented on the related costs to the positions. They also noted the extensive time and cost realized by the Mayor in his Council duties as well as the tasks in representing the City. Councilman Kuefler concurred with the proposal, noting the desirability of avoiding future major accumulative salary adjustments necessi- tated by failure to periodically review and adjust Council remuneration. First Reading of Motion by Councilman Kuefler, seconded by Councilman Ordinance Amending Fignar to offer for first reading an ordinance amending Council Salaries Council salaries. Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar, and Kuefler. Voting against: none. The motion passed. Approve Licenses Motion by Councilman Britts, seconded by Councilman and Discussion Fignar to approve the following licenses. GARBAGE HAULER'S LICENSE Woodlake Sanitary Service 4000 Hamel Road NON- PERISHABLE FOOD VENDING L CI ENS Interstate United Corporation 1091 Pierce Blttler Route PERISHABLE FOOD VENDING LICENSE Interstate `United Corporation 1091 Pierce Butler Route ITINERANT FOOD ESTABLISHMENT LICENSE Park Center High School Park Center Dance Line 7300 Brooklyn Blvd MECHANICAL SYSTEMS LICENSE Loosen, Inc. 550 N. Willow Dr. SIGN HANGER'S LICENSE Kaufman Outdoor Advertising Co. 315 Washington Ave. During a brief discussion Councilman Britts inquired as to the merit of initiating a study as to the effectiveness of the current system of garbage collection in the City, and the Mayor responded that based upon experiences of other communities the private enterprise system utilized in the City of Brooklyn Center was more than satisfactory. The Mayor then called for a vote. Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar, and Kuefler. Voting against none. The motion passed. -9- 10 -1 -73 Comments on Possible Mayor Cohen then offered comments relative to data Participation in Bicen- he had received regarding the upcoming American tennial Celebration Bicentennial celebration and noted an issue posed by the United States Conference of Mayors as to whether various communities would be designated "Bicentennial Communities". The Mayor stated he had raised this issue with the local Presidents Roundtable. Adjournment Motion by Councilman Fignar, seconded by Councilman Kuefler to adjourn the meeting. Voting in favor were: Mayon Cohen, Councilmen Britts, Fignar, and Kuefler. Voting against: none. The motion passed. The City Council meeting adjourned at 10:15 p.m. Z 4� Clerk r' / Mayor -10- 10 -1 -73