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HomeMy WebLinkAbout1976 11-22 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 NOVEMBER 22, 1976 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 Britts, Kuefler, Fignar, and Jensen. Also present were City Manager Donald Poss, Director of Public Works James Merila, City Attorney Richard Schieffer, Director of Finance Paul Holmlund, Director of Planning and Inspection Blair Tremere, and Administrative Assistant Ronald Warren. Invocation The invocation was offered by Pastor Guenther of the Brook Park Baptist Church. Approval of Minutes Motion by Councilman Britts and seconded by I1 -2 -76 Councilman Fignar to approve the minutes of the, November 2, 1976 City Council meeting as submitted. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, and Fignar. Voting against: none. The motion passed. Councilman Jensen abstained as he was not at that meeting Approval of Minutes Motion by Councilman Jensen and seconded by 11 -8 -76 Councilman Kuefler to approve the minutes of the November 8, 1976 City Council meeting as submitted. Voting in favor: Mayor Cohen, Councilmen Britts , Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Final Plat The City Manager introduced the first item of business (Dale & Davies on the agenda, that of consideration of a final plat for 2nd Addition) Dale and Davies 2nd Addition representing property at the southwest quadrant of intersection Trunk Highway 100 at France Avenue North and Lake Breeze Avenue North. He stated that the City Council had granted preliminary approval of the plat on October 18, 1976 in conjunction with Planning Commission Application No. 76052. The Director of Public Works proceeded to review the final plat and a brief discussion ensued with Councilman Britts raising a number of questions regarding the property and its relation to a proposed Highway Department interchange for Trunk Highway 100: The Director of Public Works responded that he had, on file, a number of transparencies that show the Highway Department proposals and its relation to the property in question. Following further discussion it was the consensus of the Council to table further consideration of the Dale and Davies plat until later in the meeting following a review of transparencies by the Director of Public Works. Approval of Fire Motion by Councilman Britts and seconded by Relief Association Councilman Kuefler to approve a Fire Relief Association Investment investment of $99 , 875 for the purchase of $100, 000 of Government National Mortgage Association certificates at an interest rate of 8 %which mature on August 15, 2005. -1- 11 -22 -76 x Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Motion by Councilman Jensen and seconded by Subdivision Bond Councilman Fignar to authorize reduction of a subdivision Reduction (Johnson bond for Johnson - Brandvold Addition located on Camden Brandvold Addition) Avenue North southerly of 58th Avenue from $1 ,000 to $250 on the basis of subdivision obligations which have been satisfied. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Motion by Councilman Fignar and seconded by Subdivision Bond Councilman Kuefler to authorize release of a $500 Release`(R.L.S. subdivision bond for Registered Land Survey No. 1406 No. 1406) located at Colfax Avenue and 60th Avenue North on the basis that subdivision obligations have been satisfied. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Member Robert Jensen introduced the follo=wing resolution RESOLUTION and moved its adoption: NO. 76 -154 RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MRS. MARY STIRE 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, Member Maurice Britts introduced the following resolution RESOLUTION and moved its adoption: NO. 76 -155 RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. RICHARD FORSTROM 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: NO. 76 -156 RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. LOWELL WARD 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 dcciared duly passed and adopted. 11- 22 -76 -2- RESOLUTION Member Ton Kuefler introduced the following resolution Y 9 NO. 76 -157 and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. JAMES HART 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. RESOLUTION Member Maurice Britts introduced the following resolution NO. 76 -158 and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MRS. DIANE SCHAKE 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 Maurice Britts introduced the following resolution NO. 76 -111 and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF SHADE TREES 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. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 76 -160 and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF AUTOMATIC FLOOR SCRUBBER 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 Maurice Britts introduced the following resolution NO. 76 -161 and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF ONE GAS FIRED BOILER -3- 11 -22 -76 I 1 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 Manager introduced the next item of business, Planning Commission that of Planning Commission Application No. 76053 Application No. 76053 submitted by the City of Brooklyn Center. He stated that (City of Brooklyn the application pertains to the rezoning of the existing Center) library site and other adjacent property. He explained that Hennepin County had originally planned to construct a Regional Library and Service Center facility at the existing library site but, at the urging of the City, the County Board had decided to switch the location of the facility to a 10 acre site near Central Park in the Brooklyn Center Industrial Park which has expansion capabilities. He further explained that a condition of the bid for the purchase of the Industrial Park site was that the seller, B.C. I . P. Inc. , would acquire the present library site and the adjacent County -owned land. The Director of Planning and Inspection proceeded with a review of Planning Commission Application No. 76053 and the Planning Commission action at its October 14, 1976 and November 4, 1976 meetings. He stated that the application comprehends rezoning, from R -1 to C-1, all or part of the property at 5601 -5637 Brooklyn Boulevard. He explained that the Planning Commission had initially reviewed and tabled the application on October 14 and referred the matter to the Southwest Neighborhood Advisory Group for further review and comment, and had specifically requested the consideration of two possible approaches: I . Rezoning of the library site and additional land needed for parking space only, as initially submitted; 2. Rezoning of all of the property owned by the County and possibly additional property south of 57th Avenue North. He stated that the Southwest Neighborhood Advisory Group had met on November 2, 1976 and had recommended that the County -owned land south of the south property line at 5637 Brooklyn Boulevard (extended to Northport Drive) be rezoned from R -1 to C -1 , and that the large parcel currently addressed as 5637 Brooklyn Boulevard not be rezoned. He further stated that the Planning Commission, on November 4, 1976, had recommended approval of the application consistent with the recommendation of the Southwest Neighborhood Advisory Group, The Director of Planning and Inspection next reviewed various slides and a transparency showing the location and configuration of the subject library site and adjacent County -owned property. A lengthy discussion ensued relative to the slides and transparency, the specific location of various parcels involved in the rezoning application and the amount of land required for parking purposes based on the potential use of the library building as a medical or dental clinic. 11- °22-76 -4- i Public Hearing Mayor Cohen opened the meeting to notified property owners and noted that the residents of 5637 and 5643 Northport Drive were in attendance. The Mayor then recognized Mr. Harold Feuerhelm representing B.C.I.P. , Inc. Mr. Feuerhelm stated that it was B.C.I.P.'s hope that if all of the property was under their control that it would be zoned the same. He further stated that they had assumed that the library site and the adjacent property would all be rezoned to C -1 . He explained that B.C.I.P.'s bid on the property was on the basis that the property was commercial, not residen- tial, and that this proposed down zoning for a portion of the property would be somewhat of a financial loss. Councilman Jensen inquired of Mr. Feuerhelm as to B.C.I.P.'s plans for the property if it were zoned C -1. He responded that it is difficult to determine at this time what would be proposed for the property, but that B.C. I . P. would want to maximize its- inve stment . In response to an inquiry by Councilman Fignar the Director of Planning and Inspection read from the ordinance the permitted uses in the C -1 district and added that no special uses are permitted. Mayor Cohen next recognized Mr. Ewer, 5637 Northport Drive, who stated that all of his neighbors that he has conversed with are against rezoning all of the property to commercial. He further stated that he favors the recommendation to rezone only the property south of the slaughterhouse (currently addressed as 5637 Brooklyn Boulevard, which contains the present library site and enough land for parking requirements and that none of the neighborhood property owners have objected to this proposal. He explained that by keeping the slaughter- house property residential there would be an adequate buffer between the commercial and neighboring residential property. Mayor Cohen asked if B.C.I.P.'s position regarding C -1 zoning for all of the property had been put forth at the Planning Commission meeting. Mr. Feuerhelm responded that he thought it had. The Mayor then inquired if there were further comments from persons in attendance; there being none, the public hearing was closed. Mayor Cohen commented that he agrees with the recom- mendation to rezone only the property south of 5637 Brooklyn Boulevard. He stated that he was of the opinion that if it is decided to modify this recommendation, it should be sent back to the Planning Commission and the Neighborhood Advisory Group for further review and public hearing prior to Council deliberation. Councilman Jensen concurred with the Mayor's statement and added that he understands the economic reasons for B.C.I.P.'s desire to have all of the property zoned C -1, but that at this time there are no concrete proposals for the property other than the library site itself. He stated that the property not recommended for C -1 zoning is viable R -1 property and should remain as such unless and until a bona fide proposal for C - -1 use is submitted. -5- 11 -22 -76 Councilman Fignar disagreed with Councilman Jensen and stated his opinion that the slaughterhouse property, other than that portion which would face the park, is not viable R -1 property. A brief discussion ensued relative to the residential viability of the slaughterhouse property. Councilman Britts stated that he does not object to the Planning Commission recommendation for rezoning and that he appreciates the differing points of view expressed' by B . C . I . P . and the neighboring property owners regarding the zoning for the slaughterhouse property. Councilman Kuefler commented that he too understands the differing concerns but does not favor altering the recommendation at this time. Councilman Fignar expressed the opinion that all of the County -owned property around the library site should be rezoned C -1 . He then commented as to the lack of attendance of neighboring property owners at this evening's Council meeting and stated that concerned persons should make more of an effort to address the City Council on matters such as this, rather than just assuming that the City Council will automatically accept a recommendation put before it by an Advisory Commission. Motion by Councilman Kuefler and seconded by Councilman Action Approving Jensen to approve Planning Commission Application No. Planning Commission 76053 initiated by the City, consistent with the recom- Application No. 76053 mendation of the Southwest Neighborhood Advisory Group (City of Brooklyn and the Planning Commission that the County -owned Center) property south of the south line of parcel No. 3675 , also known as 5637 Brooklyn Boulevard, extended to Northport Drive, be rezoned from R -1 to C -1. Following the motion and second thereof further discussion ensued with Councilman Britts inquiring if the portion of the County -owned property north of the south line of parcel No. 3675 could again be reviewed for rezoning purposes at a later time. The City Manager responded that rezoning could again be considered, perhaps when a concrete proposal is developed for the slaughterhouse property. Councilman Britts inquired if such a rezoning for a relatively small parcel of land would constitute "spot zoning The City Manager responded that such an action would not necessarily constitute "spot zoning" if a record exists that would indicate that the City Council will consider rezoning of the property if and when a specific proposal for a C -1 use is submitted. Following further discussion a vote on the motion for approval of Planning Commission Application No. 76053 + was taken. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler and Jensen. Voting against: Councilman Fignar. The motion passed. Mayor Cohen commented on vacant properties located on the west side of Brooklyn Boulevard between Y e een 53rd Avenue North and County Road 10. He stated the opinion that the Planning Commission should review this area for consideration of a possible recommendation to rezone the entire area. The City Manager pointed out that the State 11 -22 -76 -6- mandated local comprehensive planning process is expected to begin some time in 1977, and suggested that during that process it would be appropriate to study the land use configuration. Following further discussion it was the consensus of the Council that there could be further review of the slaughterhouse property for possible rezoning if a specific proposal is put forth. Recess The Brooklyn Center City - Council recessed at 9:10 p. m. and resumed at 9:35 p.m., RESOLUTION Member Robert Jensen introduced the following resolution NO. 76 -162 and moved its adoption: RESOLUTION DESIGNATING THE MIDWEST FEDERAL SAVINGS AND LOAN ASSOCIATION A DEPOSITORY OF CITY FUNDS 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 follow =ing voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 76 -163 and moved its adoption: RESOLUTION DESIGNATING THE T)VIN CITY FEDERAL SAVINGS AND LOAN ASSOCIATION A DEPOSITORY OF CITY FUNDS 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 Bill Fignar introduced the following resolution NO. 76 -164 and moved its adoption: RESOLUTION DESIGNATING THE HENNEPIN FEDERAL SAVINGS AND LOAN ASSOCIATION A DEPOSITORY OF CITY FUNDS 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. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 76 -165 and moved its adoption: RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 76056 -7- 11 -22 -76 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 Manager introduced the next item of business on Side Yard Setback the agenda, that of consideration of an ordinance amending Modifications Chapter 35 relative to side yard setbacks. He stated that the ordinance represents the product of deliberations between the Planning Commission and the City Council at a joint meeting held on November 10, 1976. He explained that the amendment would permit dwellings to be no closer than five feet from the side property pro- vided the other side yard setback is a minimum of ten feet and that the wall of the dwelling facing the yard of less than ten feet would have no openings. Following a brief discussion, there was a motion by Ordinance Councilman Fignar ; and seconded by Councilman Kuefler First Reading to offer for first reading an ordinance amending Chapter 35 of the City Ordinances relative to certain residential side vard setbacks. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. The City Manager introduced the next item of business, Electric Franchise that of a modified version of an ordinance renewing the Northern States Power Company electric franchise. He stated that the ordinance had a first reading on August 23, 1976 and that since that time there have been some modifications.. He recommended that the City Council have a new first reading of the ordinance. The City Manager then reviewed the City Charter provisions that relate to the granting and renewing of franchises He explained that Section 9 -211 of the ordinance relating to the filing of a written acceptance of the franchise by Northern States Power is the only area of change from the ordinance considered by the Council on August 23. Mayor Cohen recognized a representative of Northern States Power Company who stated that he had no comments relating to the franchise ordinance. Motion by Councilman Jensen and seconded by Councilman Ordinance Britts to offer for first reading an ordinance granting First Reading franchise rights and permission to Northern States Power Company, a Minnesota Corporation, to construct, operate, repair, and maintain in the City of Brooklyn Center, Minnesota, an electric distribution system and trans- mission lines. Voting in favor: Mayor Cohen, Councilmen Britts, Fignar and Jensen. Voting against: none. Councilman Kuefler abstained to avoid anv_ inference or appearance of a conflict of interest. The motion passed. The City Manager introduced the next item of business, Housekeeping that of a recommended ordinance for the purpose of making Amendments to some housekeeping modifications to Chapter 23 of the City Chapter 23 Ordinances which are essentially updating in characters He explained that Chapter 23 lists the requirements and 11- -22 -76 -8- provisions, such as license fees, contained in parent ordinances. He stated that the recominended amendments would update some overlooked items in Chapter 23 to accurately reflect the parent provisions contained in this summary chapter. Ordinance Following a brief discussion there was a motion by First Reading Councilman Kuefler and seconded by Councilman Fignar to offer for first reading an ordinance amending Chapter 23 of the City Ordinances. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion, passed unanimously. - Licenses Motion by Councilman Kuefler and seconded by Councilman Jensen to approve the following licenses: CHRISTMAS TREE SALES LICENS Bachman's Garden Store 1140 Brookdale Center CIGARETTE LICENSE Northwest Microfilm, Inc. 6840 -H Shingle Cr. Pkwy. MECHANICAL SYSTEMS LICENSE Allan Heating & Air Cond. 5200 Eden Circle NONPERISHABLE FOOD VENDING MACHINE LICENSE Northwest Microfilm, Inc. 6840 -H Shingle Cr. Pkwy. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Liquor License Fee The City Manager introduced the next item of business by reporting that he has had a number of inquiries from various liquor license holders about the possibility of reducing the present $1.0,000 annual liquor license fee. He stated that he had requested the license holders to submit in writing their rationale for a reduction in fees and had invited them this evening to present their case verbally. Councilman Fignar left the table at 9 :54 p.m. and returned at 9:55 p . m . Mayor Cohen recognized Mr. Roy Miller representing Nino's Steak Round -up who asked the Council to re- examine and reconsider their present liquor license policy and fee structure. He stated that it was recently brought to his attention that the Nino's in Brooklyn Center pays a license fee that is approximately 50 %`" higher than any other license fee paid by the other 35 establishments in the Nino's chain. He further stated that it was his understanding that the liquor license fee was an administrative fee used primarily to offset the costs of administering the license, and he questioned whether the $10,000 was actually needed to administer the liquor license. Mr. Miller explained that the liquor business at Nino's is complimentary to its food business and that in this type of operation liquor is not a major moneymaker. He further explained that his operating expenses have increased substantially along with dram shop liability and other liquor liability insurance. He stated that many -9- 11-22 -76 of his operating expenses can be controlled but it is difficult to offset the annual liquor fee because he has no control over it. He concluded his presentation by requesting the Council to examine it present liquor license fee structure. Councilman Jensen asked for Mr. Miller's opinion as to what liquor license fees are for and what they should be based on. Miller responded that he feels the fee should be based on what other communities charge and that they should be used to offset administrative expenses for administering the liquor license. He added that the $10,000 liquor license presently paid would represent almost a full -.time administrative service. In response to an inquiry by Councilman Fignar, Mr. Miller stated that approximately 30% of Nino's food and liquor business is derived from the sale of liquor, Mayor Cohen next recognized Mr. Delk, representing the Holiday Inn, who stated that he looks at the liquor license fee as a fee that gives the Holiday Inn the privilege to sell liquor at its establishment. He com- pared the liquor license fee with that of other licenses required of the Holiday Inn such as the license to operate a swimming pool, and stated that he does not feel that the administration of the liquor license is any more time consuming and costly than that of the administration of the license of the Holiday Inn's swimming pool. Mr. Delk explained that the liquor license representatives had submitted a survey of liquor license establishments in neighboring communities that shows the average liquor license fee to be $4,025, which is substantially less than that of Brooklyn Center.. He concluded by urging the Council to reconsider its present liquor license fee structure. In response to an inquiry by Councilman Fignar, Mr. Delk stated that approximately 40% of the Holiday Inn's food and liquor business is derived from liquor, Mr. Delk responded to a question by Councilman Jensen by stating that he felt that the Holiday Inn and the other liquor license holders have proven themselves as responsible establishments over the past few years, and that it would be rational to have a liquor license fee structure that would permit a high initial license fee with a reduced renewal fee. Councilman Fignar inquired of Mr. Delk if he felt that the City was providing adequate service to the Holiday Inn. Delk responded that the service rendered the Holiday Inn by the City has been excellent, but that he feels the level of service is the same for all commercial establishments in the City. In response to a question by Councilman huefler, Mr. Delk stated that approximately 3% of every dollar realized in liquor sales is utilized to offset the annual liquor license fee. Mr. Miller of Nino's stated that approximatcly 5% of his liquor operation is utilized to offset the annual liquor license fee. Mayor Cohen inquired if there was a representative of Jimmy's Lemon Tree that wished to speak relating to the liquor license fee. It was noted that no one from that establishment was present. 11-22-76 _10- A brief discussion ensued between the City Council and the liquor licensees relating to operating expenses and, increasing dram shop and other liquor liability expenses. Mayor Cohen referred to a financial statement dis- tributed by Nino's that showed an operating loss and inquired of Mr. Miller if Nino's was implying that a reduction in the license fee would result in a profit for his establishment. Mr. Miller responded that the financial report was prepared for stockholders only and that he was not aware that the statement had been made public. He commented that a reduction in .the license fee would not necessarily result in a profit for his establishment, Mayor Cohen then recognized Mr. Howard Heck, a former City Councilman who was extensively involved in the split liquor question and referendum that' permitted the City to grant liquor licenses and yet retain its package liquor store operation. Mr. Heck briefly reviewed the history of the split liquor legislation and the involvement of the City of Brooklyn Center in the decision to permit it. He stated that it had been argued at that time that split liquor could be utilized to attract quality restaurants and hotels that would hopefully attract other quality commercial establishments. He recalled that at that time the attitude of the community was to avoid the occurrence of a bar on every corner situation, and that the establishment of a high liquor license fee was for control purposes. He further recalled that a number of local service clubs supported the liquor referendum and saw it as a means of attracting quality restaurants and motel establishments that could be utilized for club meetings and other organizational functions. Mr. Heck urged the Council to consider three basic areas of major concern when reviewing the matter of liquor licensing and fees: First, the financial status of a liquor license holder or liquor license applicant; second, the total costs to the City for administering the liquor license; and third, the important aspect of controlling liquor operations in the City as was promised to the citizens at the time the split liquor referendum was passed. In response to an inquiry by Councilman Britts, Mr. Heck expounded on the importance placed on controlling the types of liquor operations in the City and the associ- ated importance placed on the high liquor license fees. Councilman Britts inquired further of Mr. Heck as to his opinion regarding a high initial license fee with a reduced amount charged for a renewal of the license. Mr. Heck responded that it was his opinion that such an arrange- ment would not be equitable and would seem somewhat arbitrary . He added that the control factor is equally important whether the license is an initial license or a renewal license. Mr. Heck commented further that at the time the $10,000 liquor license fee was established many communities looked at Brooklyn Center with envy because of the control aspects associated with the high fee. -11- 11 -22 -76 l Councilman Fignar referred to the survey of license fees submitted by the representatives of liquor license holders and commented that only the City of Roseville has a $10,000 annual fee and that they are considering lowering that fee. Mayor Cohen responded that the City Council was not particularly concerned with what other communities were charging for a liquor license but was concerned about the importance of controlling liquor establishments in the City and that this was the primary reason for establishing the present $10,000 annual fee. Councilman Kuefler inquired as to the other costs besides investigation of the liquor license application and other various police costs associated with the administration of the liquor license. The City Manager responded that the investigation of applications and other police costs are generally the only direct expenses associated with the administration of liquor licenses. He added that depending upon the parameters other offsite costs and expenses could be included, but that it was difficult to accurately assess all of these direct and indirect associated costs. Mayor Cohen recognized Earl Simons, President of the Brooklyn Center Lions Club. Mr, Simons stated that the Lions Club had supported the split liquor referendum in hopes that quality hotel and restaurant establishments could be attracted to Brooklyn Center. He explained that the Lions Club was also concerned about the control aspects of liquor licenses and did not favor the attraction of "corner bar" liquor establishments. He further explained that the Lions Club supported the effort as a means of attracting quality establishments that could be utilized for club meetings and other organizational functions. He briefly reviewed the Lions Club's association with the current liquor license holders and the fact that the Lions Club no longer meets in Brooklyn Center. He stated that their reasons for not utilizing the local establishments are primarily because of the level of service which is not necessarily associated with the cost of the license fee. Mayor Cohen recognized Rich Higgins of the Brooklyn Center Jaycees who briefly reviewed the Jaycees' association with the local liquor establishments. He stated that the Jaycees do not presently meet in Brooklyn Center because of various conflicts in making arrangements for meetings, and certain monetary guarantees that must be made to obtain a meeting room. He further stated that it would behoove the licensees to encourage the local service groups' business. Mayor Cohen recognized Henry Bogucki, President of the Brooklyn Center Chamber of Commerce, who stated that his organization presently has a committee that is reviewing the liquor license procedure and that nothing has yet been formally presented to the Chamber by that group. He explained that his comments, therefore, represent his own views regarding the subject and not necessarily those of the Chamber of Commerce. Mr. Bogucki stated that originally most groups supported the concept and policy of high license fees as a means of control and attracting quality establishments to the City. He further stated that he is glad to see a review of the liquor license policy because it has failed to attract a number of quality estab- lishments. He commented that a number of restaurant 11 -22 -76 -12- owners have stated that the $10,000 fee is outrageous and that many fine eating establishments have not located in Brooklyn Center because of the high fee. He explained that the fee puts operators in Brooklyn Center at a disadvantage and that you get more booze for your money in Minneapolis, Mr. Bogucki referred to Mr. Heck's point about the importance placed on the financial status of a liquor license applicant and stated that the financial structure and status of a liquor license applicant is none of the City's business and should not be requested because this information is not requested of other license applicants. He stated that if it is the intent of the City to attract quality restaurants and motels, then the City should make it easier to obtain a liquor license by reducing the fee. Mr. Bogucki next referred to the control aspects of the license fee and accused the Council of not exercising control over liquor licensees when they did not suspend Nino's for a liquor violation a few years ago. Mayor Cohen interrupted Mr. Bogucki and stated that he felt Mr. Bogucki was out of line and that he takes strong personal exception to his remarks and that Bogucki had no facts to back up the allegations and accusations made. The Mayor further stated that the liquor license operation in the City has been operated aboveboard and that he resents any implication that the City Council has not acted in the best interests of the city. Mr, Bogucki responded that it was his opinion that the Council's action in the Nino's affair was a weak action. He concluded his comments by reiterating that the liquor license policy has failed to attract any new businesses and that the fee should be lowered. Councilman Britts stated that he objects to comparisons between the City's liquor license operation and that of the City of Minneapolis. He added that in Minneapolis it is a known fact that the "under the table" cost of a liquor license is four or five times higher than the fee charged in Brooklyn Center. He further stated that shenanigans of this type do not take place in Brooklyn Center because politics are not involved in the issuance of a license. Councilman Jensen inquired of the licensees if they were aware of the license fee when they made application. Mr. Delk responded that he was not directly involved in the original liquor license application, and added that he thought the company was aware of the initial $10,000 fee but that they had not expected the license renewal fee of $10,000. Mr. Miller stated that Nino's was advised that the $10,000 fee was too high, but because of other commitments Nino's decided to go ahead and seek a liquor license. The City Manager commented as to the conversations he has had with liquor license applicants at the time a license is applied for. He assured the Council that all applicants are well aware of all requirements and of the -13- 11 -22 -76 costs of the license and subsequent renewals prior to the time the application is submitted. Mayor Cohen stated that the Council had made a commit- ment to the public to control liquor establishments at the time the split liquor issue was resolved. He further stated ° that he was of the opinion that more information should be given to the citizens and more input sought prior to any action on liquor license fees. He suggested that the Council take the matter under advisement for further deliberation. Councilman Britts inquired of the liquor licensees if a reduction in the fee would cause a corresponding reduction in the price of liquor at the establishments Mr. Delk responded that this would not cause a decrease in the price of a drink but may well ward off a price increase. Mr. Miller concurred with Delk and added that a reduced license fee would also permit him to pay better wages and that hopefully this would result in better service to its customers. Councilman Jensen stated that he agreed that the matter should be taken under advisement and that hopefully it can be resolved relatively soon. He further stated that the Council should look at all aspects of the liquor license policy. Councilman Fignar was of the opinion that the $10,000 fee was an equitable amount for an initial license but added that he would favor reviewing the possibility, if legal, of having a reduced renewal license fee. He stated that to some extent it' seems that the fee has discouraged some quality establishments from locating in Brooklyn Center. Mayor Cohen referred to the control aspects of the license fee and stated that there is no proof that lowering the license fee will attract new or better quality establish- ments. He further stated that it was his opinion that a lower fee would not attract better quality businesses and that it should be proven otherwise before the fee is reduced. He also reminded that any decrease in liquor license fees must be added to the taxpayers obligations in order to provide necessary revenues to run the City. Councilman Britts concurred with the Mayor's comments and stated that he favors further review of the matter. He requested that further information be given the City Council that addresses the following areas: 1. A reasonable assessment of the costs to the City for administering liquor licenses. 2. Information relative to why the City of Roseville has decided to reduce their liquor license fee. 3. What is involved in the control aspects of liquor licensing, such as what control will be lost with a reduced fee and what undesirable elements will come in? 4. Information relative to the legal aspects of having a high initial license fee and a reduced renewal fee. 11 -22 -76 -14- Following further discussion it was the consensus of the Council to defer further deliberation of liquor license fees to a later date. Mayor Cohen then thanked everyone in attendance for their participation in. the discussion and stated that the liquor licensees will be informed as to when the Council will again review the matter. Junk Car Report The City Manager introduced the next item of business, that of a Council requested report on a review of the State law relating to pioneer, classic and collector motor vehicles and its effect on the City's junk car ordinance. The City Manager stated that he had sub - mitted a memo to the Council containing the legislative history of the State law and background information relating to the adoption of the City's junk car ordinance. He explained that the memo also includes a listing of approximately 85 warning letters issued over the past 18 months, a listing of tags issued over the same time period, and a police report on one of the offenders that is presently challenging the constitutionality of the ordinance. He next briefly reviewed the provisions of State law and the City's ordinance, Councilman Britts commented that he had raised the question because he felt there was a need for com- patability between the State law and our own local ordinance, Mayor Cohen left the table at 11:38 p.m. Councilman Britts inquired if a local ordinance can be more restrictive than State law. The City Manager responded in the affirmative, stating that in this case State law does not pre -empt the local ordinance regarding the storage of motor vehicles because the State law is permissive and not mandatory in nature. Mayor Cohen returned to the table at 11 :40 p.m. Councilman Jensen left the table at 11 :40 p, m. The City Manager explained the derivation of the City's junk car ordinance, adopted in 1968, and amended in 1974 such that now a junk car is defined as a car that is unlicensed or-inoperable. He added that unlicensed or inoperable vehicles cannot be stored on public or private property unless they are stored within a building. Councilman Jensen returned to the table at 11 :43 p.m. The City Manager reported that through a 1975 amendment the State Legislature created a new classification, that of a collector car, and defined it as a vehicle that is at least 20 model years old and manufactured after 1035. He stated that the law requires a collector car to be owned and operated as a collector's item and bean owner's secondary car not used for general transportation purposes. He further stated that the amendment also contained a provision for outside storage of pioneer, classic and collector vehicles provided the storage does not constitute a health or environmental hazard and is stored in compliance with local zoning and other ordinances. -15- 11 -22 -76 A brief discussion ensued relative to the City Manager's report and the compatibility of the City's junk car ordinance with State lawn Mayor Cohen left the table at 11:47 p.m. and returned at 11:49 p.m. Councilman Jensen commented that the Council should be concerned about the effect of the ordinance on the legitimate automobile collector and at the same time make sure that junk car violators do not take advantage of this situation, He stated that it was his opinion that the fact that the ordinance requires a vehicle to be operable as well as licensed clearly defines the nature of a junk car and is a fair way to determine the status of a question- able car. Councilman Britts inquired as to the status of the challenge to the constitutionality of the City's junk car ordinance. The City Attorney responded that the compla;nant has dropped his suit regarding the constitutionality of the ordinance and is presently seeking to have the ordinance overturned, claiming State law pre -empts the local ordinance. The City Attorney stated the opinion that the courts will not find in the complainant's favor because the City does have the authority to make such provisions provided the City does not prohibit what State law permits or permit what State law expressly prohibits. The City Manager stated that the memo he had submitted . to the Council contains language for a possible ordinance amendment that specifically addresses pioneer, classic, and collector vehicles and permits them to be stored on private property provided they are screened by means of a six foot opaque fence. Further discussion ensued relative to the proposed ordinance amendment. Councilman Britts stated that he would like more time to review the matter and suggested deferring further deliberation until the next City Council meeting. It was the consensus of the Council to defer further consideration of the matter until the December 6, 1976 City Council meeting. The next item of business was further review and con- Final Plat sideration of a final plat tabled earlier in the Council (Dale and Davies meeting. The Director of Public Works proceeded to 2nd Addition) review a transparency showing the relationship of Highway Department proposals for Trunk Highway 100 and the subject property. A brief discussion ensued with the Director of Public Works responding to various questions relating to the final plat. Motion by Councilman Kuefler and seconded by Final Plat Approval Councilman Fignar to approve the final plat for Dale and (Dale and Davies Davies Second Addition representing property at the 2nd Addition) southwest quadrant of intersection Trunk Highway 100 at France Avenue North and Lake Breeze Avenue North as comprehended by Planning Commission Application No. 76052 submitted by W. J. Dale. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. 11 -22 -76 -16- Adjournment nar and seconded b � nment Motion by C ouncilman Fig y Councilman Jensen to adjourn the meeting. Voting in favor: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 12:07 a.m. _J d Mayor Clerk -17- 11 -22 -76