HomeMy WebLinkAbout1972 03-27 CCM Regular Session Minutes of the Proceedings of the City
Council of the City of Brooklyn Canter
Yn the Crunty of Hennepin and State of
Mi nnesota
March 27, 1972
The City Council met in regular session and was called to order at
7 :35 P. M. by Mayor Philip Cohen,
Roll Call: mayor Colzen, Councilmen Leary, Heck and Britts. Also
present were: City Manager Donald Poss, Director of Public works James Merila,
Director of Finance Paul Holmlund, City Attorney Richard Schieffer, and
Administrative Assistants Blair Tremere and Daniel Hartman.
Reverend C. Thronson of Cross of Glory Lutheran Church offered
the invocation.
Motion by Councilman Heck and seconded by Councilman Leary to
approve the minutes of the February .28, 1972 Council meeting as submitted.
Voting in favor were: Mayor Cohen, Councilmen Leary, Heck and Britts. Voting
against: none. Motion carried unanimously.
Motion by Councilman Leary and seconded by Councilman Heck to
approve the minutes of the March 13, 1972 Council meeting as submitted. Voting
in favor were: Mayor Cohen, Councilmen Leary and Heck, Voting against: none.
(Councilman Britts abstained in that he was not present at the March 13, 1972
Council meeting). Motion carried unanimously.
Motion by Councilman Leary and seconded by Councilman Heck
to acknowledge a claim submitted by Patricia Dahlbloom and refer same to the
City insurance carrier. Voting in favor were: Mayor Cohen, Councilmen Leary,
Heck and Britts. Voting against: none. Motion carried unanimously.
. The City Manager next explained that an error was made in preparing
Resolution No, 72 -25 which was adopted March 13, 1972 for the purpose of amend -
ing the 1972 General Fund Budget, He stated the error, consisting of a $2,000.00,
misallocation between accounts, may be corrected by a motion amending the
resolution by increasing the Street Labor (account No, 422 -10) appropriation by
$2,000.00 and decreasing the IV:ayor and Council Contingency (Account No. 401 -48)
appropriation by $2, 000, 00.
Following a brief discussion there was a motion by Councilman Leary
and seconded by Councilman Heck to amend Resolution No. 72 -25 by increasing
the Street Labor (Account No. 422 -10) appropriation by $2,000.00 and decreasing
the Mayor and Council Contingency ( Account No. 401 -48) appropriation by $2,000,00
Voting in favor were: IVayor Cohen, Councilmen Leary, Heck and Britts. Voting
against: none, Motion carried unanimously.
The City Manager next explained that upon assuming interceptor service
responsibility and ownership, the Vietropolitan Sewer Board of necessity had to
assume the liability for Brooklyn Park's cost of sewer rental through Brooklyn
Center's east side sewer system until an across -the -river interceptor was com-
pleted recently, He stated the Sewer Board and the Director of Public Works have
been negotiating for some period of time over the terms of the rental amount with
the matter recently being settled on the City's terms,
He stated those terms are merely a continuation of the rental agreement
previously in effect for a number of years with Brooklyn Park, but they represent
a sum approximately two and one -half times what the Sewer Board was offering
to pay.
I
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Member Howard Heck introduced the following resolution and moved
its adoption:
RESOLUTION 140. 72 -28
RESOLUTION AUTHORIZING THE I AYOR AND CITY MANAGER TO
EXECUTE JOINT USE RENTAL AGREEMENT CONTRACT NO. 82
WITH THE METROPOLITAN SEWER BOARS?
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, Howard Heck and iv_ , aurice Britts; and
the following voted against the same: none, whereupon said resolution was declared
duly passed and adopted.
The City Manager further explained that the metropolitan Sewer Board
has instituted a policy of contracting with local governments in routine maintenance
of sanitary sewer receptors as they pass through the respective communities.
He explained the terms of the proposed agreements are uniform in nature and can
amount to maintenance efforts involving up to $910.00 in Brooklyn Center.
Member John Leary introduced the following resolution and moved
its adoption:
RESOLUTION NO. 72 -29
RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO
EXECUTE INTERCEPTOR MAINTENANCE AGREENITENT CONTRACT
NO. 162 WITH THE MLETROPOLITA d SMAiER. BOARD
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, Howard Heck and Maurice Britts;
and the following voted against the same: none, whereupon said resolution was
declared duly passed and adopted.
Relative to the City's street light agreement with Northern States
Power Co., the Manager stated that Brooklyn Center's five year street lighting
agreement terminated in April. He said the power company has submitted a new
five year lease with the provision for periodic renewal thereafter, and that pro-
visions of the proposed agreement are essentially the same as in preceding years.
A brief discussion ensued relative to the possibility of qualifying the
approval of the agreement to provide that street lighting service costs may be
subject to the authority of any subsequent metropolitan or state -wide utility
regulation body.
Motion by Councilman Britts and seconded by Councilman Leary to defer
consideration of the Northern States Power Company street lighting agreement
until the April 10, 1972 Council meeting. Voting in favor were: Mayor Cohen,
Councilmen Leary, Heck and Britts. Voting against: none. Motion carried
unanimously.
Member Maurice Britts introduced the following resolution and moved
its adoption:
RESOLUTION NO. ,72 -30
RESOLUTION TO AUTHORIZE THE PURCHASE OF ONE 84 INCH
IAWN MOWER
The motion for the adoption of the foregoing resolution was duly seconded by
member Howard Heck, and upon vote being taken thereon, the following voted
in favor thereof: Philip Cohen, John Leary, Howard Heck and Maurice Britts;
and the following voted against the same: none, > whereupon said resolution was
declared duly passed and adopted.
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The next item of business was consideration of a portion of Planning
Commission Application No. 71064 submitted by Viewcon, Inc. The City Manager
introduced the item and explained that on November 22, 1971 the _City Council
approved Planning Commission Application No. 71025 consisting of site and
building plans of the Viewcon Brookdale Towers, project at County Road 10 and
Northway Drive. He noted that the City Council at the same time considered a
request embodied in Application No, 71064 for a review of the staff interpretation
relative to the method of calculating required parking spaces to support the pro-
ject. He said the site and building plan application was approved on November 22,
and no disposition was made of the parking matter relative to Application No.
71064.
The City I anger further stated that the staff had computed the required
parking spaces on the basis of the gross floor area and that such computation
comprehended the full exterior dimension of the building. He stated that the
applicant maintained that certain exterior projections of the building were decor -
ative in nature, and should not be included in area computations, He noted that
the applicant, in a letter dated March 23, 1972 had thus computed the parking
requirements excluding the exterior decor.
An extensive discussion ensued relative to the matter after which a
motion was .made by Councilman Leary and seconded by Councilman Heck to
dispose of Planning Commission Application No. 71064 relative to the determination
of parking space requirements by approving the staff recommendation that the
exterior decor be excluded, as proposed by the applicant, in determining the
parking space requirements. Voting in favor were; Mayor Cohen, Councilmen
Leary, Heck and Britts, Voting against: none. Motion carried unanimously.
The Mayor announced that the meeting was open for consideration
of proposed Curb and Gutter Improvement Project No. 1971 -3.
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 March 23, 1972, which affidavit
was examined and found' satisfactory and ordered placed on file.
The Mayor then called upon all property owners present to present
argument either for or against the proposed improvement. He recognized
Mr. Leo Hanson, 4903 Brooklyn Blvd.,, Mr. Clifford N, Selander, 5123 Xerxes
Avenue North, 11rir. L. J. Jacobwith, 5017 Brooklyn Blvd., Mr. Lyndon Ware,
5009 Brooklyn Blvd.., and Mr. Clifford Hogan, 5030 Brooklyn Blvd. who asked
questions and stated comments.
Councilman Britts stated his concern about persons along Highway 152
being assessed for these improvements when the road itself was used primarily
by many others from outside the neighborhood. The City Manager explained the
basic philosophy of state aid routes as well as the formulae used in determining
the amount of the assessments. He stated that the State sets the policy which
determines the amount and that the City then sets the means of meeting the finan-
cial obligations of that amount„
After hearing and considering all of the objections, and the property
owners appearing in favor of said _improvement, member John Leary introduced the
following resolution and moved its adoption;
RESOLUTION NO. 72 -31
RESOLUTION ORDERING CONSTRUCTION OF CURB & GUTTER
IMPROVEME PRgZCT NO 1971-
The motion for the adoption of the foregoing resolution was duly seconded by
member Howard Heck.. and upon vote being taken thereon, the following voted
in favor thereof: Philip Cohen, John Leary, Howard Heck and Maurice Britts;
and the following voted against the same: none, whereupon said resolution was
declared duly passed and adopted.
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The meeting recessed at 8 :55 P. iVi. and resumed at 9 :25 P. 1 1/1.
Membet Mace Sritts introduced the following ord nance any: moved
Its adoption:
ORDINANCE NO. 72 -3
AN ORDINANCE AM ENDING CHAMR 17 OF THE CITY OR_ UNANCES
THE CITY COUNCIL OF THE CITY OF BROOIILYN CENTER DOES ORDAIN AS FOLLOWS:.
Section 1: Section 17 -120 entitled "REST PERIODS AND HOLIDAYS"
is hereby amended as follows:
.2 Holidays Observed. The following legal holidays shall be observed
as paid holidays for City employees, except as noted in paragraph 5 of this section:
(New Year's Day) (Memorial Day) (Veterans Day)
(Lincoln's Birthday)` (Independence Day) ('Thanksgiving Day)
(Washington's Birthday) (Lahr Day) (Christmas Day)
(Good Friday) (Columbus Day)
New Year's Day • ....... .. • January I
Washington's
Lincoln's Birthday ..... .. , Third Monday in Februar
Good Friday Afternoon .. a .. Friday Preceding Easter
Memorial Day ...:... • ... • • ° . Last T� y in May
Independence Day • e • • • a . s • • July 4
Labor Day . . ... « ....... First ki=onday in September
Christopher Columbus Day .... ... Second Monday_ in October
Veterans Day • « • c ► • • • • • • . • . Fourth Monday in October
Thanksgiving Day ..... • Fourth Thursday in November
Christmas Day , ......... December 25
3. Saturdays and Sundays.. When New Year's Day, (Memorial Day),
Independence Day, or Christmas Day fall on Sunday the following day shall be
observed as a holiday. When they fall on Saturday, the preceding day shall be
observed as a holiday. Employees absent from work on the day following or the
day preceding. such a three -day holiday weekend without the express authorizati
of the City Manager shall forfeit their rights to holiday pay for that holiday.
4. Overtime. Employees who work a normal Monday through Friday
schedule who are required to be on duty on any holiday as set: out in paragraph 2
as qualified by paragraph 3, and Police Patrolmen and Police Clerk - Despatchers
who are required to be on duty on Christmas and Thanksgiving Days, shall be
paid time and one -half for the hours worked in addition to the holiday pay.
S. Irreaular Work Schedules.. In the case of those employees working
schedules other than the normal Monday through Friday, compensation for holidays
shall be as follows;
a• Compensatory time off shall be granted for each of the (eleven)
, holidays set out in paragraph 2 of this section, bus one and one -half floating
h olidays for police personnel. Each time off shall be taken as soon as practible
'before or after the holiday for which it is accrued ate as approved by the head of
the department in which the worker is employed,
Section 2s This ordinance shoal be effective:_ after adoption and
thirty (30) days follbwing its legal publication,
The motion for the ado pticn of the foregoing ordinance was duly seconded by
member Howard Heck, and upon Note being takan thereon, the following voted
In favor thereof: Philip Coher.. Tchn Leary, Tlavirard Hech and Maurice Britts;
and the following voted against the same none, whereupon said ordinance was
declared duly passed and adopted.
Member ]John Leary introdu ed the following ordinance and moved
its adoption:
ORD'.NANCE NO. 72 -4
AN ORDI1\V NCE AMENDING CHAPTER 34 -140 RELATIVE TO
PEA D SIGHS REnWR A PERMIT
THE CITY COUNCIL OF THE CITY" OF BROOKLYN CENTER DOES ORDAIN AS FOLLO`r'JS:
Section 1: Chapter 34, Section 140, Permitted Signs Requiring a Permit,
is hereby amended to read as follows:
3. C. Residential (R -1 through R-7) Districts
(3) Cluster developments or complexes in R -3 throggh
R -7 districts involving three or more buildings and
not less than 36 dwelling units may have one free -
standing identification sign with a maximum area
of 36 square feet at each mWor entrance to said
development or coMpex not to exceed a total of
2 signs. Such sign s shall not extend more than
10 feet abu 1e ground level.
Section 2: This ordinance shall be effective after adoption and
thirty (V0) days following its legal publication.
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, Howard Beck and ki aurice Britts;
and the following voted against the same: none, whereupon said ordinance was
declared duly passed and adopted.
The City Manager explained a proposed ordinance which was intended
for the purpose of regulating sanitation and safety features of public swimming
pools.. He stated such a regulatory ordinance has long been advocated by the
City Sanitarian and has been deferred pending development of model regulations
by the State Health Department. He further noted that the proposed ordinance,
consisting of adoption of the State Health Department regulations by reference,
would be presented and hopefully adopted by the three participating communities
in the joint health endeavor.
Motion by Councilman Heck and seconded by Councilman Leary to
declare a first reading on the following ordinance:
AN ORDINANCE ANX11DI M CHAPTER 7 A ND 23 REGARDING
RULES AND REGUL:XTIONS AND LICENSING PROVISIONS FOR
PUBLIC S rVIM'MNG POOLS
Voting in favor were; ffiayor Cohen, Councilmen Leary, Heck and Britts. Voting
against: none. Motion carried unanimously.
Mayor Cohen then recognized Mr. John Winkelman, Vice Chairman
of the Brooklyn Center Charter Commission who invited the Council members
and the Mayor to attend the next meeUbg of the Charter Commission to present
their views of Councilman Ausen's proposed amendment of Section 2.02 of
the City Charter.
Mayor Cohen then announced that he had received a letter of resignation
from Mr. Bruce Morrow from the Park and Recreation Commission, The Mayor
noted that he had initiated interviews with various applicants to that vacancy.
Motion by Councilman Heck and seconded by Co' ncilman Leary to
regretfully accept the resignation of 1v r. Bruce Morrow from the park and Recreation
Commission. Voting in favor were: Mayor Cohen, Councilmen Leary, Heck and
Britts. Voting against none„ Iviotion carried unanimously,
Motion by Councilman Leary and seconded by Councilman Britts to direct
the staff to prepare a resolution commending Mr. Bruce Morrow for his service on
the Park and Recreation Commission. Voting in favor were: Mayor Cohen,
Councilmen Leary, Heck and Britts. Voting against: none. Motion carried
unanimously,
The City Manager then discussed the matter of safety regulations for
privately owned swimming pools. He stated a number of citizens had inquired
about the potential danger of open pools and the uncontrolled accessibility by
small children.
He then inquired whether the Council would be amenable to have the
staff further research and develop possible standards as to pool safety regulations
for privately owned swimming pools. It was the consensus of the Council that
the staff should proceed with research and the drafting of safety regulations.
Motion by Councilman Heck and seconded by Councilman Leary to
approve the following licenses:
Food Establishment License
Brooklyn Plaza Cinema, Inc. 5801 John Martin Drive
Voting in favor were: Mayor Cohen, Councilmen Leary, Heck and Britts. Voting
against: none. Notion carried unanimously.
Motion by Councilman Leary and seconded by Councilman Britts to
authorize the 1\ and City L /,anager to execute an agreement with Moen &
Pentilla, independent auditors, to conduct the 1971 audit of City accounts.
Voting in favor were; Mayor Cohen, Councilmen Leary, Heck and Britts.
Motion by Councilman Heck and seconded by Councilman Leary to
approve the purchase of investment bonds by the Brooklyn Center Volunteer Fire
Relief Association in the amounts of $5,000 and $7,000, as set forth in the
Association letter of March.20, 1972. Voting in favor were: Mayor Cohen,
Councilmen Leary, Heck and Britts. Voting against: none. Notion carried
unanimously.
Member John introduced the follow resolution and moved
embe Lea g
J �'
its adoption:
RESOLUTION NO. 72 -32
RESOLUTION ACCEPTING PROPOSAL FOR ONE HEAVY DUTY
POWER SVIEEPER/SCRUBBER
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, Howard Heck and Maurice Britte
and the following voted against the same: none, whereupon said resolution was
declared duly passed and adopted.
The City Manager offered comments relative to the ,progress of the
City's Open Space Acquisition Program. He stated that awards had been made
on five of the seven parcels, and that in general the awards have been substantially
more than the ceiling price established by the Department of Housing and Urban
Development, and higher than the individual appraisals secured by the City.
A discussion ensued and the City Manager noted that he would be
prepared to describe the progress of the City's open space acquisition efforts
in detail at the next Council meeting, as well as to make any recommendations,
The City Manage: then offered comments relative to subsidized housing
and explained that efforts were being made by a private developer to secure
financial backing for a high -rise housing project to be blailt south of the Civic
Center complex. Ike stated that it would be apparent in the next 30 days
whether the project would proceed. A brief discussion ensued relative to the
need for subsidized housing in Brooklyn Center, especially with regard to senior
citizens.
Motion by Councilman Heck and seconded by Councilman Britts ta..
adjourn the Council meeting. Voting in favor were: kilayor Cohen, Councilmen
Leary, Heck and Britts. Voting against: none. motion carried unanimously.
The Council meeting adjourned at 10 :25 P. Mi.
C rk ,..._..,._, Mayor