HomeMy WebLinkAbout1975 12-22 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
DECEMBER 22, 1975
CITY HALL
Call to Order The Brooklyn Center City Council met in regular session and
was called to order by Mayor Philip Cohen at 7:30 p.m.
Roll Call Mayor Cohen, Councilmen Jensen, Fignar, Britts, and
Kuefler. Also present were City Manager Donald Poss,
Director of Public Works fames Merila, Director of Finance
Paul Holmlund, Deputy Chief of Police James Lindsay, City
Attorney Richard Schieffer, and Administrative Assistants
Ron Warren and James Lacina.
Invocation The invocation was offered by Pastor Foote of the Brooklyn
United Methodist Church.
Approval of Minutes Motion by Councilman Britts and seconded by Councilman
12-8-75 Fignar to approve the minutes of the December 8, 1975
meeting as submitted. Voting in favor were: Mayor Cohen,
Councilmen Britts, Kuefler, Fignar and Jensen. Voting
against: ror.e. Th motion passed unanimously.
Resolution Amending In consideration of the attendees present the City Manager
1.976 General Fund recommended that the City Council address a draft resolution
Budget intended to amend the 1976 General Fund Budget by trans-
ferring $18, 000 from the Contingency Account to the
Department of Fire Protection.
Mayor Cohen then referred to the City Council proceedings
of December 18, 1975. He stated that the meeting was
called in response to the City Council's December 8 con-
sensus that the Fire Chief issue be addressed and hopefully
resolved prior to the end of 1975. He reviewed that he
called the meeting for the purpose of hearing advice from
the City Attorney in the form of a memorandum Pertaining
to the Fire Department in the structure of City government,
the Fire Department under the Charter requirements of the
Council/Manager form of government, and legislative/
management prerogatives under the City Charter. He said
that the meeting was called in conformance with the pro-
visions of the City Charter regarding special Council
meetings and in compliance with the provisions of the
Open Meeting Law. He then called upon City Attorney
Richard Schieffer to briefly review his memorandum.
The City Attorney proceeded to summarize his memorandum,
explaining that the City Charter in some respects resembles
a State Constitution to the extent that the Charter creates
two branches of City government--the legislative branch
represented by the City Council and the executive branch
represented by the City Manager's office. He stated that
the Council/ Manager form of government adopted by
citizens of Brooklyn Center in 1966 has three major features:
one, to remove personnel matters from the political arena,
thus avc-i'ding the disadvantages and unfairness of the
historical "spoils system"; two, to centralize and pinpoint
responsibility and authority in the City Manager to carry
out legislative enactments and policies; and three, to blunt
the undue influence of special interest groups and lobbyists
by placing responsibility on the City Manager's office to
represent the needs and interests of the public at large. He
then proceeded to elaborate on these features.
The City Attorney next reviewed the role of the Fire
Department in the structure of City government, referring
to Chapter 5 of the City Ordinances which deals with the
Fire Department. He reviewed the evolutionary process
of selecting Fire Department officers commencing with
the village form of government in 1949 and proceeding
through changes mandated by the 1966 adoption of the
City Charter. He pointed out that the status of Fire
Department members as municipal employees has been
a settled issue in Minnesota for many years, and he
referred to the factors accepted by the courts in deter-
mining employee status, He also referred to Bylaws of
the Fire Department, stating that such Bylaws may have
been used prior to Charter adoption in 1966 in order to
assist in controlling the internal operations of the depart-
ment. However, he explained that after adoption of the
City Charter any such bylaws become for the most part
unnecessary since they are superseded by the Charter,
adopted ordinances, the legislative function and manage-
ment prerogatives under the Charter.
The City Attorney next addressed the matter of legislative/
management prerogatives under the City Charter and the
division of responsibility between the two branches of
government with particular emphasis on management
prerogatives pertaining to the appointment process. He
stated that the City Manager is obligated under the Charter
to appoint officers and employees of the City on the basis
of merit and fitness and that an examination procedure
designed to obtain information about the qualifications
of the applicant and the applicant's knowledge of the
demands of a position is an appropriate management tool
and a legal management prerogative under the City Charter.
He similarly commented that when used as a tool to assess
the merit and fitness of an applicant, a probationary period
may legally be imposed by the City Manager as a manage-
ment prerogative under the City Charter. The City Attorney
then proceeded to clarify the ordinance provision establishing
a four year term of office for the Fire Chief position by
explaining that the four year term does not confer tenure,
but rather it limits tenure with the practical effect that,
with respect to tenure, an appointment simply lapses at
the end of a four year period.
The City Attorney then responded to specific questions from
Council members regarding his memorandum following which
Mayor Cohen reviewed relevant events leading up to this
Council meeting. He reviewed that two Fire Chief candidates
recommended by the Fire Department had indicated in
November, 1975 to the City Manager that they would submit
to examination for the position and that they subsequently
effectively withdrew their applications by refusing to submit
to examination. He explained that at its meeting of
December 8, 1975 City Council members concluded by
consensus that the Fire Chief issue should be resolved
prior to the end of 1975 and toward that end he called the
December 18, 1975 meeting. He proceeded to explain that
at the end of the December 18 meeting Councilman Britts
suggested a compromise proposal consisting of a full-time
position with duties allocated 45% to the function of Fire
Inspector, 45% to the function of Fire Department Manager,
and 10% to the function of Assistant Civil Defense Coor-
dinator with an "executive officer" position to be filled by
a volunteer member and to be responsible for day-to-day
field operations. He reviewed that the compromise proposal
was briefly discussed, Councilman Jensen explained his
12-22-75 -2-
views on the refusal of the Fire Department candidates to
submit to examination and the City Council's subsequent
instructions to the City Manager to prepare for deliberation
and debate this evening a draft resolution transferring
$18,000 from the budgeted Contingency Account to the
Fire Department Account for a full-time Fire Chief/Marshal
position.
Councilman Jensen then explained his views to the effect
that he originally favored the appointment of a part-time
volunteer Chief from within the department and that he had
worked to encourage the department candidates to take the
qualifying examination. He stated that the examination
procedure and the related probationary period were both
normal and accepted management prerogatives and that
upon advice of the City Attorney the City Council was not
authorized to intervene or interfere with such prerogatives.
He stated his opinion that the City has gone long enough
without a Fire Chief to manage the department and that
upon the refusal of the Fire Department candidates to
submit to examination and probationary period any further
delay and debate could only result in further polarization.
He commented that these factors and events have merely
led him to the conclusion that a full-time Chief/Marshal
alternative is appropriate. He stated that despite con-
siderable pa .c opportunity he would request that the City
Manager extend one last opportunity for the recommended
Fire Department candidates to agree to take the qualifying
examination and submit to the probationary period.
The City Manager responded that he would re-offer the
opportunity to the candidates for a one week period. A
brief discussion ensued among Council members regarding
the extension proposal and the manner of amending the
draft resolution to reflect the proposal.
Mayor Cohen then recognized Mrs. Marlene Forstrom,
4526 Kathrene Drive, who spoke to the City Attorney's
assurances at an earlier court hearing to the effect that
citizens would be allowed to be heard at the meeting.
The City Attnrrpv briefly responded stating that such
assurances were given to the hearing judge. Mayor Cohen
responded that citizens would be given an opportunity to
be heard after hearing comments from Council members.
Councilman Fignar stated that he was opposed to the pro-
visions of the draft resolution, stating that the community
has been well served by an all volunteer Fire Department
and that he continued to support this concept.
Councilman Kuefler stated that he has continued to support
the concept of a full-time Chief/Marshal and that he
supported the provisions of the draft resolution. He
commented, however, that he would concur with Council-
man Jensen's proposal to extend for one week the
opportunity for the recommended Fire Department candidates
to take the qualifying examination and, if appropriate,
submit to the probationary period.
Councilman Fritts stated that he was opposed to the pro-
visions of the resolution and referred to the terms of his
compromise proposal which he had earlier advocated.
-8- 12-22-75
Councilman Jensen inquired whether there was really any
substantive difference between Councilman Britts' com-
promise and the City Manager's proposal for a full-time
Fire Chief/Marshal, other than a minor allocation of duty
as Assistant Civil Defense Coordinator. Councilman
Britts responded that he was not offering his compromise
at this time.
Following further brief discussion among Council members
Mayor Cohen invited comment from the audience. He
first recognized Representative William Luther of 6925
Dallas Road. Representative Luther stated that, in his
opinion, the December 18, 1975 meeting was a violation
of the Open Meeting Law since appropriate notice was not
given and that, in his opinion, the meeting was a breach
of democratic principles. He stated that the public has a
right to participate in decision-making and that that right
had been violated by the December 18 meeting. He
elaborated on his opinion concluding that the City Council
should not act on the Fire Chief issue on the basis that
any such action was tainted by the December 18 meeting.
Mayor Cohen next recognized Mr. George Heenan, 6231
Chowen Avenue North, who stated that he was representing
the Fire Department on the issue. He commented that the
City Council should view this issue as a policy rnnut'[er and
that the City Council's policy since September 22, 1975
has not been supportive of the concept of a full-time Fire
Chief/Marshal. He charged that the City Manager has not
complied with that policy and further that he made no attempt
to contact candidates from within the department; and further
that he changed the "ground rules" by establishing an
examination procedure and a probationary period. He con-
cluded that the major issue was whether or not the City
Council policy prevailed over management prerogatives.
Mayor Cohen then recognized Mr. Gary Market, 4648 Cedar
Lake Road. Mr. Market stated that he was an attorney
representing a group of interested citizens and the Fire
Department on the issue. He commented that he was in
the process of preparing ordinance amendments under the
initiative provisions of the City Charter. He stated that
this process would take approximately five months to put
the issue before the people in the form of a vote and he
recommended tabling the matter until the issue was so decided
by initiative vote.
Mayor Cohen next recognized Mr. Dennis Kelly, 7130
Fremont Avenue North. Mr. Kelly inquired as to the amount
of the annual Fire Department budget and the City Manager
responded that it was approximately $50, 000 . Mr. Kelly
next inquired as to the amount of money required to support
a full-time Fire Department. The City Manager responded
that a clearer definition of what constituted a full-time Fire
Department would be necessary to respond. He stated,
however, that the proposal for a full-time Chief/Marshal
does not imply a full-time Fire Department.
Upon completion of comments from the audience a motion
was made by Councilman Fignar and seconded by Councilman
Jensen to close the public hearing. Voting in favor were:
Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and
Jensen. Voting against: none. The motion passed unani-
mously.
12-22-75 -4-
Mayor Cohen then denied that the City Council meeting
of December 18, 1975 was anything but a public meeting,
pointing out that Charter requirements had been complied
with, the press was present, and that the provisions of
the Open Meeting Law had been met. He reiterated the
earlier expressed desire of the City Council to resolve
the matter prior to the end of 1975. He stated that the
Open. Meeting Law is notoriously silent on the issue of
meeting notice and suggested that Representative Luther
exercise the prerogatives of his office to legislatively
clarify the matter in the upcoming session of the Minnesota
Legislature. He then stated that during his recent cam -
paign for Mayor he encountered no mandate of the people
for a vcdunteer Fire Chief as asserted. He explained that
he saw the need for additional fire inspection and combined
with the vacancy in the Fire Chief's position due to Chief
Mason's resignation believed that the best solution to both
matters consisted of establishing the position of full -time
Fire C.hlef /Marshal. He stated that no department of City
government, including the Fire Department, can be
accountable to the City Council and subsequently to the
citizens if it is to function independent and autonomous
from the Council/Manager governmental structure. He
said that his convictions were strengthened during his
election campaign by the special interest politics and
pressure that Was applied by many Fire Department
members during that period. He concluded that the City
Council ha,; the responsibility to listen and respond to
citizen needs and opinions, and up to this point it appears
that the citizens want a resolution, one way or another,
of the issue as soon as possible.
Councilman Ku,efler then commented that he had. taken a
clear position favoring a full -time Fire Chief /Marshal
prior tc and during his campaigning for re- election and that
he did not perceive any mandate for a volunteer Fire Chief
as was asserted.
Councilman Britts inquired as to an assertion about the
validity of an examination for a volunteer Fire Chief. The
City Manager responded that Fire Department members
have long contended, and he agreed, that they must be and
they are professional fire fighters capable of providing a
quality of service equivalent to a full -time Fire Department.
He stated that the same qualities of technical proficiency
and management ability are required for department
leadership whether full -time or part -time, and that the
management consulting firm which structured the exami-
nation concurs with this thesis.
Councilman fensen again stated that his original, support
for a part-time volunteer Chief concept was undermined
by the refusal of the recommended department candidates
to take the examination, and that he, therefore, was
prepared to vote for the full -time Fire Chief /Marshal
proposal, subject to a one week extended opportunity for
the Fire Department candidates to agree to be examined.
Councilman Britts stated that his decision was not based
on political pressurc. Councilman Fignar stated likewise
that he did not feel any political pressure on the issue,
but that he believed in the concept of an all volunteer Fire
Department.
- 5- 12 -22 -75
Councilman Kuefler stated that he received heavy political
pressure and lobbying from members of the Fire Department,
reciting that one department member asserted that the
success of his campaign for re- election would depend upon
supporting the volunteer Fire Chief concept. He commented
that this person conceded not having read nor evaluated the
City Manager's proposal for a full - time Chief /Marshal, but
was just opposed to it.
A brief discussion ensued relative to Councilman Jensen's
proposal to incorporate in the draft resolution an extension
of the effective date in order to afford recommended Fire
Department candidates an additional week to agree to take
the examination. The City Attorney assisted Councilman
Jensen in constructing language to that effect which was
incorporated in written form into the draft resolution.
Member Robert Jensen introduced the following resolution RESOLUTION
and moved its adoption- NO. 752�
RESOLUTION AMENDING THE 1976 GENERAL FUND BUDGET c3 3a
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, Tony Kuefler, and Robert JeA�,e;,; and the
following voted against the same- Maurice Britts and Bill
Fignar; whereupon said resolution was declared duly passed
and adopted.
The City Council recessed at 9:50 p.m. and resumed at Recess
10:20 p.m.
The City Manager next reviewed an agreement that was Authorize Release
entered into in conjunction with Planning Commission of Parking
Application No. 74004 wherein certain options pertaining Agreement
to parking for a high -rise office building were agreed upon.
He stated that upon adoption of the new parking ordinance
provisions pertaining to office buildings the terms and
conditions of the agreement are satisfied and the agree-
ment becomes moot. He pointed out that B.C.T.P. has,
therefore, requested formal release and termination of the
agreement. Following a brief discussion there was a motion
by Councilman Britts and seconded by Councilman Kuefler
to authorize the arkin agreement f
p g orB C I P
g . . I. Voting in
favor were: Mayor Cohen, Councilmen Britts, .Kuefler,
Fignar, and Jensen. Noting against: none. The motion
passed unanimously.
Member Bill Fignar introduced the following ordinance ORDINANCE
and moved its adoption,: NO. 75-18
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY
ORDINANCES RELATIVE TO PARKING REQUIREMENTS FOR
OFFICE BUILDINGS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER
DOES ORDAIN AS FOLLOWS-
Section 1. Section 35 -.704 is hereby amended as follows:
[ (g)] Lf Other commercial uses, excluding whole-
sale-
12-22-75 _6-
W Office Buildings, exclusive of those specific
uses otherwise listed in this section-
Building Grass
Floor Area (G. F e A a ) Required Spaces
0 - 20 „000 sq. ft. G.F.A.
200
20000 - 220,000 sq. ft. G.F.A.
.0005 G.F.A. + 190
over 220,000 sq. ft. G.F.A.
300
Section 2. This ordinance shall become effective
after adoption and upon thirty (30) days following its
legal publication.
Adopted this 22nd day of December, 1975.
The motion for the adoption of the foregoing ordinance
was duly seconded by member Robert Jensen, and upon
vote being taken, thereon, the following voted in favor
thereof, Philip Cohen, Maurice Britts, Tony Kuefler,
Bill Fignar, and Robert Jensen; and the following voted
against the same, none, whereupon said ordinance was
declared duly passed and adopted.
RESOLUTION Member Robert Jensen introduced the following resolution
NO. 75 --- and moved its adoption,
a 33
RESOLUTION EXPRESSING RECOGNITION OF AND
APPRECIATION FOR THE DEDICATED PUBLIC SERVICE
OF MR. DONALD DAVIS
The motion for the adoption of the foregoing resolution
was duly seconded by member Bill Fignar, and upon vote
being taken thereon, the following voted in favor thereof,
Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar,
and Robert Jensen, and the following voted against the
same, none, whereupon said resolution was declared
duly passed and adopted.
RESOLUTION Member Bill Fignar introduced the following resolution
NO. 75-2 and moved it=° adoption,
a3�
RESOLUTION EXPRESSING RECOGNITION OF AND
APPRECIATION FOR THE DEDICATED PUBLIC EFFORT
OF THE BROOKLYN CENTER HUMAN RIGHTS COMMISSION
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, Tony Kuefler,
Bill Fignar, and Robert Jensen; and the following voted
against the same° none, whereupon said resolution
was declared duly passed and adopted.
RESOLUTION Member Maurice Britts introduced the following resolution
NO. 75- and moved its adoption,
RESOLUTION ENDORSING SOLID WASTE ENERGY AND
RESOURCE RECOVERY CONCEPT
-7- 12 -22 -75
The motion for the adoption of the foregoing resolution
was duly seconded by member Tony Kuefler, and upon
vote being taken thereon, the following voted in favor
thereof- Philip Cohen, Maurice Britts, Tony Kuefler,
Bill Fignar, and Robert Jensen; and the following voted
against the same® none, whereupon said resolution
was declared duly passed and adopted.
Member Bill Fignar introduced the following resolution RESOLUTION
and moved its adoption® NOa 75 -2-,+�
RESOLUTION ENDORSING' PROPOSED HET TN
COUNTY DECENTRALIZATION OF SERVICES CONCEPT
The motion for the adoption of the foregoing resolution
was duly seconded by member Robert Jensen, and upon
vote being taken thereon, the following voted in favor
thereof: Philip Cohen, Maurice Britts, Tony Kuefler,
Bill Fignar, and Robert Jensen; and the following voted
against the same- none, whereupon said resolution
was declared duly passed and adopted.
The City Council recessed at 10 -30 p.m. and resumed Recess
at 10 -35 p.m.
Member Bill Fignar introduced the following resolution RESOLUTION
and moved its adoption, NO. 75 -2e8'
RESOLUTION ACCEPTING BID FOR WATER METERS 337
The motion for the adoption of the foregoing resolution
was duly seconded by member Robert Jensen, and upon
vote -being taken thereon, the following voted in favor
thereof- Philip Cohen, Maurice Britts, Tony Kuefler,
Bill Fignar, and Robert Jensen; and the following voted
against the same- none, whereupon said resolution
was declared duly passed and adopted.
The Director of Public Works next introduced Planning Planning Commission
Commission Application No. 75046 submitted by GAF Application No. 75046
Corporation, comprehending a special use in the I -1
district. He reviewed the Planning Commission minutes
of December 11 , 1975 at which time the application was
first considered and a transparency pointing out the
location of the subject site.
Mayor Cohen opened the meeting up to notified property
owners. It was noted that none were present.
Following further discussion there was a motion by
Councilman Britts and seconded by Councilman Fignar
to approve Planning Commission Application No. 75046
subject to the following conditions:
1 . The permit is for single tenancy as represented
by the applicant and as verified by the Building
Official and is nontransferable.
2. Issuance of the permit is contingent upon the
review of appropriate building plans and certi-
fication of occupancy by the Building Official.
3. The special, use is subject to all applicable
codes and ordinance requirements and violation
thereof shall be grounds for revocation,
12 -22 -75 -8-
4, There shall be no outside storage as provided in
the Zoning Ordinance.
Voting in favor were. Mayor Cohen, Councilmen Britts,
Kuefler, Fignar, and Jensen. Voting against. none. The
motion passer unanimously.
Review of The City Manacler introduced the next .item on the agenda,
Liquor Licenses that of an annual review of liquor and beer licenses for
establishments within the City. He stated that all the
renewal applications and information were on file with the
City and open for inspection or questions from the City
Council members. He then proceeded with a brief review
of each establishment based upon the records maintained
by the Police Department and police contacts or incidents
with the e stab] is hments .
Action Approving Motion by Councilman Kuefler and ,seconded by Councilman
American Legion Britts to approve the 1976 renewal for an on -sale club
Club Liquor License intoxicating liquor license for the Duoos Brothers American
Legion Club, Voting in favor were. Mayor Cohen,
Councilmen Britts, Kuefler, Fignar, and Jensen. Voting
against, none. The motion passed unanimously.
Action Approving Motion by Councilman Britts and seconded by Councilman
Chuck Wagon Jensen to approve, the 1976 renewal application for the
Nonintoxicating Chuck Wagon nonintoxicating beer license. Voting in
On -Sale Beer favor were. Mayor Cohen, Councilmen Britts, Kuefler,
License Fignar, and Jens an. Voting against. none. The motion
passed unanintou p ly .
Action Approving Motion b,� Councilman Britts and seconded by Councilman
—N onintoxicating Kuefler to approve the 1976 renewal application for
eer License for nonintoxicating beer license for the Happy Dragon.
the Happy Dragon Voting in favor were. Mayor Cohen, Councilmen Britts,
Kuefler, Fignar, and Jensen. Voting against. none.
The motion pal ed unanimously.
Action approving Motion by Councilman Jensen and seconded by Councilman
Intoxicating Liquor Fignar to approve the 1976 renewal application for
License for the intoxicating ligi��r _,r license for the Lemon Tree. Voting in
Lemon Tree favor were. Mayor Cohen, Councilmen Britts, Kuefler,
Fignar, and Jensen. Voting against. none. The motion
passed unanimously.
Action Approving Motion. by Councilman Fignar and seconded by Councilman
Nonintoxicating Kuefler to approve the 1976 renewal application for a
Beer License for nonintoxicating liquor license for Mr. D's Pizza. Voting
Mr. D 's Pizza in favor were. Mayor Cohen, Councilmen Britts, Kuefler,
Fignar, and Jensen. Voting against. none. The motion
passed unanimously .
Action Approving The City Manager, briefly reviewed the Nino's Steak
ino's Steak .House House liquor license application. He stated that this
ntoxicating Liquor application presented a problem in that the current taxes
icense as required by the liquor ordinance have not been paid
by the applicant's landlord. He briefly explained that
this problem was a result of the filing of a new R.L.S.
and that prior to the taxes being paid, the processing
of the R.L.S. mast take place. He stated that this
procedure at this time was still at the County level. He
then presented a letter from Mr. Roger Newstrum,
President of B.C.I,P., Inc. stating their intent to remedy
this matter as soon as possible and soliciting expedient
action from the County to resolve the R.L.S. tax problems.
-9- 12 -22 -75
Councilman Jensen then inquired as to whether or not the
City could legally :issue the license since it is a require-
ment of the ordinance that the taxes be paid. The City
Manager stated that this action could be subject to the
City Attorney's review, and he recommended approval of
the license contingent upon the City Manager reporting
back in thirty days as to whether the taxes were paid
and the City Attorney's approval of the issuance.
Councilman Britts commented that he felt this problem was
not attributable to the management of Nino's and would
support issuance of a license. Motion by Councilman
Britts and seconded by Councilman Jensen to approve the
1976 renewal of an intoxicating liquor license for Nino's
Steak House subject to the review of the City Attorney
and report by the City Manager within thirty days as to
the payment of current taxes. Voting in favor were:
Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and
Jensen. Voting against: none. The motion passed
unanimously.
Motion by Councilman Fignar and seconded by Councilman Action Approving
Britts to approve the 1976 Holiday Inn intoxicating liquor Holiday Inn
license renewal application. Voting in favor were: Mayor Intoxicating
Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Liquor License
Voting against: none. The motion passed unanimously.
Motion by Councilman Kuefler and seconded by Councilman Taco Towne
Jensen to approve the 1976 nonintoxicating beer license Nonintoxicating
renewal application for Taco Towne. Voting in favor were: Beer License
Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Approval
Jensen. Voting against: none. The motion passed unani-
mously.
Motion by Councilman Fignar and seconded by Councilman Action Approving
Britts to approve the 1976 renewal application for non- Lynbrook Bowl
intoxicating beer license for Lynbrook Bowl. Voting in Nonintoxicating
favor were: Mayor Cohen, Councilmen Britts, Kuefler, Beer License
Fig and Jensen. Voting against: none. The motion
passed unanimously°
Motion by Councilman Jensen and seconded by Councilman Action Approving
Kuefler to approve the 1976 renewal application for non- Beacon Bowl
intoxicating beer license for Beacon Bowl. Voting in favor Nonintoxicating
were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, Beer License
and Jensen. Voting against: none. The motion passed
unanimously.
Motion: by Couircilman Kuefler and seconded by Councilmann. Reduction of
Jensen to reduce a $3500 performance agreement to $1600 Performance
for site work at the location of Brookdale Towers apartment Agreement
at 69th and Humboldt . Voting in favor were: Mayor
Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen.
Voting against, none. The motion passed unanimously.
The City Council recessed at 11:15 p.m. and resumed at Recess
11:30 p.m.
Member Tony Kuefler .introdued the following resolution RESOLUTION
and moved its adoption: NO. 75 -?-37
a3�
RESOLUTION A[rTHORIZING THE PURCHASE OF FIVE (5)
POLICE PATROL SEDANS
12- 22 -75 _10-
The motion for the adoption of the foregoing resolution
was duly seconded by member Bill Fignar, and upon vote
being taken thereon, the following voted in favor thereof:
Philip Cohen, Maurice Britts, Tony Kuefler, Bill Fignar,
and Robert Jensen; and the following voted against the
same: none, whereupon said resolution was declared
duly passed and adopted,
Reduction of Motion by Councilman Fignar and seconded by Councilman
Performance Bond Jensen to reduce a performance bond held by the City for
site improvements at Westbrook Mall from $75,000 to
$32, 000. Voting in favor were. Mayor Cohen, Councilmen
Britts, Kuefler, Fignar, and Jensen. Voting against: none.
The motion passed unanimously.
RESOLUTION Member Robert Jensen introduced the following resolution
NO. 75 -tTg and moved its adoption:
- 1 3q
0 RESOLUTION TO TRANSFER FUNDS FROM THE FEDERAL
REVENUE SHARING FUND TO THE GENERAL FUND
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, Tony Kuefler,
Bill Fignar, and Robert Jensen; 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. 75-2� and moved its adoption:
RESOLUTION AMENDING THE 1975 GENERAL FUND
BUDGET
The motion for the adoption of the foregoing resolution
was duly seconded by member Robert Jensen, and upon
vote being taken thereon, the following voted in favor
thereof.- Philip Cohen, Maurice Britts, Tony Kuefler,
BiiI Fignar, and Robert Jensen; and the following voted
against the same- none, whereupon said resolution was
declared duly passed and adopted.
Ordinance Amending The City Manater next introduced an ordinance recom-
Chapter 35 Regarding mended for the purpose of remedying an error which
Uses in I-1 Zone occurred in conjunction with a past amendment to the
Industrial District provisions of the Zoning Ordinance.
He briefly reviewed the information presented to the
Council in their agenda packets, stating that a clerical
error inadvertently omitted special uses in the I-1 zone
for businesses. A brief discussion ensued relative to
the original approval. Councilman Britts noted that the
original approval was based on the assumption of the
inclusion of these special uses.
Motion by Councilman Fignar and seconded by Councilman
Britts to approve the first reading. Voting in favor were:
Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and
Jensen. Voting against: none. The motion passed
unanimously.
12-22-75
DT
Member Maurice Britts I'mroduced the ff,�-Ilowing ordinance OR
and moved its adoption,-, NO. 75-19
AN ORDINANCE VACATINCxA PORTION OF THE UTILTrf
EASEMENTS EXISTING ON LCTS 1, 2, 3 AND 4, BLOCK 16,
CREEK VILLAS
THE CITY C O1 N T 1
I OF THE CiTly OF' BROOKLYN C ENTER .
T
DOES ORDAIN A S r-OLLOWS,
Section 1 Thos-3_p ',g 1 f th
1 0- e E; asgrnents
_qr�t, jrl 7
exisjjD on Lots 1 2 3 and zl, 1(
Creek Vi.alL,,
- L, -- f�
below described are hereby vacated d pu utilit
easements
IlThe southerl'L --th 10.0 fE
fe of the nc. ie jt (I
Lots 3 3
_Villas, accor�,jKrj
to thews lat of re- thereof fll�---, n 'e, Rc- -i� '—
z;s f �t! �g - strar
Of T1tte,3 He ne -".n Cq�inty Minnesota. 11
Section 2. This ordinance shall be ;Edt'ectiive after
adoption and thirty ( days fc1lowing i t 1,
gal publi-
cation.
Adopted thi 22nd da%y cf
The motion for the adcpti� of +r
L t e
was duly secondeci by men Roir,-rt 1 xFr an'd upon
vote being take thereon, t1 he in favor
thereof- Philip Cohen, Maur , Britt ,
Bill Fignar, and Robert TenFen, andi thn voted
against me same- r wherau-r P n , nan
(I ordIce
_r-) si-ji, -
was declared duly passed F,: adopt, d.
I J I T T
M < Maurice Br 'I 1 � 1 'D - RIE S L -) ON
itts c r
and moved its NO 75-2-tO
RESOLUTION AA1E TTHE
N J)
BUTDGET
ThC, for 1 of
Was ci�;,ly 2acnnded by nnen, jj�, - --u - �on vote,
b�� taken thereon, the f:
1� I a S , 1 in favor there'r.
Cohen, Maul B
B. I 1 11 g n. a i
and Rcbert the I
"jaInst the
d - -d
ras,-:-ed 'and
MeMber Mauice, Brit t int �v h-14 resolution RESOLUTION
and, mcv adoptlon: N 0 7 5
1 -T
RESOLUTION A&1E1 E 1976 FUND BUDGE
mot`on for the adoV"o c� the, forec
I p ing, resolution
d b et BiH limn.6r, arid upon vote
(17 �
sec
in fa47or thereof:
P :',, Cc. - Aie-n, Brtts, 'lorry Kue;fler, Bill Fignar,
and Robert Tensen, and vctcd against the
sayre-none, whe, a c v . u ,
iAyas declar-e<! dulv
passed and a6cpted,
1
12-22-75
RESOLUTION Member Bill Fignar introduced the following resolution
NO. 75-2-4� and rnov4Eld its adoption:
RESOLUTION AMENDING THE 1976 GENERAL FUND
BUDGET
The motion forthe adoption of the foregoing res.olution
was duly seconded by member Robert Jensen, and upon
vote being taken thereon, the following voted in favor
thereof� Phiiip Cohen, Maurice Britt-s, Tony Kuefler-,
Bill Fignar, and Robert Jensen; and the following voted
against the sarne: ncne, whereupon said resolution
was declared duly passed and adopted.
RESOLUTION Member Robert Jensen introduced the following resolution
NO. 75-t and moved its adoption-
RESOLUTION AMENDING THE 1976 GENERAL FUND
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, Tony Kuefler,_
Bill Fignar, and Robert Jensen; and the following voted
against tho sa.-r,--,- none, whereupon said resolution
was declared duly passed and adopted.
RESOLUTION Member Maurice Britts introduced the following resolution
N 0 . 7 5 21�, and moved its adoption-
' 9LA!E�
RESOLUTION AMENDING THE 1976 GENERAL FUND
BUDGET
The motion for the adoption of the foregoing resolution
w d seconded by member Tony Kuefler, and upon
vote being taken thereon, the following voted in favor
thereof: Philip Cohen, Maurice Britts, Tony Kuefler,
Bill Fignar, and Robert Jensen, and the following voted
against qame- none, whereupon said resolution
was declaned duly passed and adopted.
Proposal for The C".ty Manager next referred to the microfilming program
Financing corriprehended in the 1975 budget. He stated, that the City
Microf il ming Colncil appropriated $10,000 in the 1975 budget for the
Program purchase of microfilming equipment necessary to implement
a City government records microfilming program. He
commented that the planning phase of the program is not
yet completed and, thus, it is not possible to purchase
relevant eqtaipment prior to the expiration of the 1.975
budget. He indicated that the advent of the LOGIS
microfiche capabilities have also added a new dimension
tc the microfilming planning. He recommended that the
Co'uncil authorize preparation of a draft resolution to amend
the 1976 General Fund Budget to reappropriate the $10,000
to cover the cost of microfilming equipment.
Motion by Councilman Britts and seconded by Councilman
Kijefler to authorize preparation of a draft resolution to
amend the 1976 General Fund Budget by appropriating
$10,000 from Surplus for the purchase of microfilm
equipment. Voting in favor were- Mayor Cohen, Council-
men Britts, Ku,efler, Fignar, and jensEn . Voting against:
none. The motion passed unanimously.
-13- 12-22-75
The Director of Public Works next reviewed the annual Review of
water assessment rate adjustment. He stated that since Annual Water
1974 the annual water assessment rate for nonsingle Assessment
family residential parcels has been adjusted by the Rate Adjustment
change in the Consumer Price Index from October to
October of the preceding year. He further commented
that this annual percentage increase from October, 1974
to October, 1975 amounted to 7.1%, changing the front
footage rate from $11.92 to $12.77 and the area rate
from $3.68 to $3,94 per 100 square feet. The City
Manager briefly commented that this matter was presented
as an informational item and required no action.
Motion by Councilman Britts and seconded by Councilman Rental Dwelling
Jensen to approve the rental dwelling licenses subject Licenses
to the condition that the Brookdale 10 and Chippewa Park
apartment complexes would complete the necessary out-
side improvements as soon as possible in the spring.
RENTAL DWELLING LICENSES
Harold Siegel 3305, 3307, 3311, 3315,
3403, 3409, 3413, 3417,
3421, 3425, 3429, 3433,
53rd Ave. N.
Harold Liefschultz 6305, 6315, 6325, 6407,
6417, 6427, 6507
Camden Ave. N.
James E. McDonnel & 6715, 6717, 6719, 6721
Jerome J. Simons, Jr. Humboldt Ave. N.
Voting in favor were: Mayor Cohen, Councilmen Britts,
Kuefler, Fignar, and ensen Voting J V tang against: none.
The motion passed unanimously.
Motion by Councilman Kuefler and seconded by Councilman Licenses
Britts to approve the following licenses:
BENCH LICENSE
United States Bench Corp. 3300 Snelling Ave.
BOWLING ALLE LICENSE
Beacon Bowl p 6525 Lyndale Ave. N.
Lynbrook Bowl, Inc. 6357 N. Lilac Dr.
CIGARETTE LICENSE
Al's Freeway Shell 6545 Lyndale Ave. N.
Beacon Bowl 6525 Lyndale Ave. N.
Brookdale Mobil Service 5710 Xerxes Ave. N.
Brookdale Motors, Inc. 2500 County Road 10
Brookdale Super Valu 5 801 Xerxes Ave. N.
Brooklyn Center A & W 6837 Brooklyn Blvd.
Brooklyn Center Country Boy 4401, 69th Ave. N.
Brooklyn Center Shell 6245 Brooklyn Blvd.
Brooklyn Plaza Cinema, Inc. 5801 John Martin Dr.
Brooks Superette 6800 Humboldt Ave. N.
Brothers Restaurant Brookdale
Canteen. Co. 6300 Penn Ave. S.
Gray Co. 6820 Shingle Creek Pkwy.
D. K. Carter 850 Decatur Ave. N.
Liquor Store #1 6800 Humboldt Ave. N.
Liquor Store #2 6250 Brooklyn Blvd.
Liquor Store #3 Northbrook
12 -22 -75 -14-
Chuck Wagon Inn 2 0
g 5 7 Morgan Ave. N.
Country Club Market 5715 Morgan Ave. N.
Dayton's Service Station Brookdale
Duoos Bros. American Legion 4307 70th Ave. N.
H & L Enterprise 11517 Yukon St. N.W.
Earle Brown Farm Apts,. 1701 69th Ave,. N.
Whirltronics 3401 48th Ave. N.
Happy Dragon 553.2 Brooklyn Blvd.
Ideal Drug 6800 Humboldt Ave.. N.
K -Mat 5930 Earle Brown Dr.
LaCrosse Dairy 5845 Lyndale Ave. N..
Lemon Tree 5540 Brooklyn Blvd_.
Lynbrook Bowl 6357 N. Lilac Dr.
Marc's Big Boy 5440 Brooklyn Blvd.
McKee Oil Co. 6830 Brooklyn Blvd..
Moore Way Co. 1101 West 79th St.
Arctic Metal 6530 James Ave. N.
Nino's Steak Round -up 6040 Earle Brown Dr.
Northern Vending 1481 Marshall
Holiday Inn 1501 Freeway Blvd -
Pat -Nic, Inc.
Belt Line Service 5001 Drew Ave. N.
Pioneer Distr. 5200 W. 74th .St,.
Burger King 6110 Brooklyn Blvd.
LaBelle's 5925 Earle Brown Dr
McCulloch Co. 1800 Freeway Bllvd..
Phillip's 66 6548 Lyndale Ave. N.
S chra m m' s 6121 Brooklyn :Blvd.
Red Owl,. Store 5425 Xerxes Ave. N.
Service Systems Corp. Soo Line Bldg.
Northwestern Bell 5910 Shingle Ck. Pkwy.
Servomation 4301 68th Ave. N.
Brooklyn Center P.O. 6848 Lee Ave. N.
Dayton's Brookdale
Donaldson' s Brookdale
Iten Chevrolet 6701 Brooklyn Blvd.
J. C. Penney's Brookdale
State Farm Insurance 5930 'Shingle Ck. Pkwy..
7- Eleven 411 66th Ave. N.
Snyders Brothers Drug Brookdale
Super Sam's Brookdale
SuperAmerica:- 1901 57th Ave. N.
Theisen Vending 3011 E. 42nd Ave.
Ricco's 5742 Morgan Ave. N.
Bill West's 76 2000 57th Ave. N.
Ted Tuma 2500 Nathan Ln
Poppin Fresh Pie Shop 5601 Xerxes Ave. N.
Vendmark, Inc. 1255 'Trapp Rd.
Woolworth's Brookdale
Zayre Shopper's City 3600 63rd Ave. N.
GASOLINE SERVICE STATION LICENSE
Al' Freeway Shell 6545 Lyndale Ave. N.
Allied Black Top Co. 3601 48th Ave, N.
Belt Line Service 5001 Drew Ave. N.
Brookdale Car Wash 5500 Brooklyn Blvd
Brookdale Mobil Service 571`0 Xerxes Ave. N.
Brooklyn Center Service 6850 Brooklyn Blvd -.
Brooklyn Center Shell 6245 Brooklyn Blvd;.
Brooklyn Service Center 6901 Brooklyn Blvd.
Christy's Auto Service 5300 Dupont Ave. N
Dayton's Service Station Brookdale
Green Meadows 3319 49th Ave. N.
Howe, Inc. 4821 Xerxes Ave N.
-15- 12 -22 -75
McKee Oil Co. 6830 Brooklyn Blvd,
SuperAmerica 1901 5 7th Ave. N o
Wes' Standard Service 6044 Brooklyn Blvd.
Bill West's 76 2000 57th Ave, N.
Zayre Shopper's City 3600 63rd Ave. N.
KENNEL LICENSE
Brookdale Pet Center Brookdale
Brooklyn Pet Hospital 4902 France Ave. No
K -Mart 5930 Earle Brown Dr,
Woolworth's Brookdale
Zayre Shopper's City 3600 63rd Ave. N.
NURSING HOME LICENSE
Maranatha Nursing Home 5401 69th Ave. N.
NONPERISHABLE FOOD VENDING MACHINE LICENSE
Moore Way Co. 1101 W. 79th St.
Arctic Metals 6530 James Ave. N.
"OFF- SALE" NONINTOXICATING LI UOR LICENSE
Beacon Bowl 6525 Lyndale Ave. N
Brookdale Super Valu 5801 Xerxes Avenue N.
Brooklyn Center Country Boy 4401 69th Ave, N.
Brooks Superette 6800 Humboldt Ave. N.
Chuck Wagon Inn 5720 Morgan Ave. N.
Country Club Market 5715 Morgan Ave. N.
Lynbrook Bowl, Inc. 6357 N. Lilac Dr.
Red Owl Store 5425 Xerxes Ave. N.
7- Eleven 411 66th Ave. N.
SuperAmerica 1901 57th Ave. N.
Zayre Shopper's City 3600 63rd Ave. N.
POOL AND BILLIARD TABLE LICENSE
Holiday Inn 1501 Freeway Blvd,
Lynbrook Bowl, Inc. 6357 N. Lilac Dr.
PERISHABLE FOOD VENDING MACHINE LICENSE
Moore Way Co. 1101 W. 79th St.
Arctic Metals 6530 James Ave. N.
PUBLIC DANCE LICENSE
Chuck Wagon Inn 5 72 0 Morgan Ave. N
Nino's Steak Round -up 6040 Earle Brown Dr.
TAXICAB LICENSE
Town Taxi 7440 Oxford St,
Voting in favor were® Mayor Cohen, Councilmen Britts,
Kuefler, Fignar, and Jensen. Voting against® none.
The motion passed unanimously.
The City Manager next referred to recommendations for
annual salary adjustments affecting all employees of the
City. He presented a proposed resolution containing
wage and salary recommendations for 1976 along with
supporting and explanatory data. An extended discussion
ensued relative to the recommendations and certain
related job performances.
Following extensive City Council deliberations on the RESOLUTION
recommendations, Councilman Jensen introduced the NO. 75-5'
following resolution and moved its adoption: qyL
12 -22 -75 -16-
I
RESOLUTION SETTING WAGES AND SALARIES FOR THE
YEAR 1976
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
Philip Cohen, Maurice Britts, Tony KuEfler, Bill Fignar,
and Robert Jensen; and the following voted against the
same: none, whereupon said resolution was declared
duly passed and adopted.
Motion by Councilman Kuefler and seconded by Councilman
Jensen to authorize payment on the City Manager's behalf
of a $1,300 lump sum deferred compensation benefit, the
full premium cost of employee and dependent coverage
under the Brooklyn Center Group Hospital - Medical
Insurance Plan, and the full payment of the premium
cost of $55,000 employee life insurance under the
Brooklyn Center Group Life Insurance Plan.. Voting in
favor were: Mayor Cohen, Councilmen Britts, Kuefler,
Fignar, and Jansen. Voting against® none. The motion
passed unanimously,
RESOLUTION Member Bill Fignar introduced the following resolution
NO. 75:� " and moved its adoption:
RESOLUTION AUTHORIZING PAYMENT OF CERTAIN
HOSPITAL- MEDICAL INSURANCE COSTS
The motion for the adoption of the foregoing resolution
was duly seconded by member Tony Kuefler, and upon
vote being taken thereon, the following voted in favor
thereof: Philip Cohen, Maurice Britts, Tony Kuefler,
Bill Fignar, and Robert Jensen; and the following voted
against the same° none, whereupon said resolution
was declared duly passed and adopted,
Adjournment Motion by Councilman Britts and seconded by Councilman
Jensen to adjourn the meeting. Voting in favor were:
Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and
Jensen. Voting against.- none. The motion passed
unanimously. The Brooklyn Center City Council adjourned
at 4 :00 a. m. , December 23, 1975 e
ler Mayor
-17- 12 -22 -75