HomeMy WebLinkAbout1974 02-04 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
FEBRUARY 4, 1974
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 Kuefler, Jensen, Fignar and
Britts. Also present were City Manager Donald Poss,
Director of Public Works James Merila, Director of Finance
Paul Holmlund, Director of Planning and Inspection Blair
Tremere, City Attorney Richard Schieffer, Chief of Police
Thomas O'Hehir, and Administrative Assistants Daniel
Hartman and James Lacina
Approval of Minutes Motion by Councilman Britts and seconded by Councilman
1 -21 -74 Jensen to approve the minutes of the January 21 , 1974
meeting as corrected. Voting in favor were. Mayor Cohen,
Councilmen Britts, Kuefler and Jensen. Voting against-
none. The motion passed. Councilman Fignar did not
vote since he dial not have time to review the minutes.
Deletion of Parcel The City Manager next reviewed his recommendation to
No, 6 From Open delete Parcel No. 6 from the Open Space Land Acquisition
Space Land Contract No. MINN. OSA -82 o He stated that the City
Acquisition Program Council had tentatively concluded many months ago to
delete the proposed parcel as part of a paring down effort
necessitated by the realization that condemnation awards
were grossly exceeding available funds for the total
Acquisition Program. He reviewed that the final decision
to delete Parcel Noe 6, located in the vicinity of the
Joslyn pole yard adjacent to Twin Lake, had been deferred
pending negotiations for possible easement rights in lieu
of purchase of the subject parcel. The City Manager
reported that such negotiation efforts had been unsuc-
cessful and recommended formal deletion at this time in
order to allow for timely filing of financial reimbursement
papers with the Federal Department of Housing and Urban
Development
Administrative Assistant Daniel Hartman reviewed the
entire Land Acquisition Program related to Contract No.
MINN, OSA -82 indicating those open space parcels which
have been acquired, those which are in condemnation
proceedings, and those lower priority parcels deleted from
the program due to funding inadequacy.
A discussion then ensued relative to the Open Space
Program and specifically relative to the formal deletion of
Parcel No. 6. Councilman Jensen inquired if the proposed
deletion had been reviewed by the Planning Commission.
The City Manager responded in the negative, pointing out
that the recommended action was a mere formalizing of an
earlier tentative decision dictated by the unavailability of
sufficient funds to finance the total Acquisition Program.
Mayor Cohen commented that the deletion proposal is a
matter of finances and that there is nothing for the Planning
Commission to review.
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Motion by Councilman Kuefler and seconded by
Councilman Fignar to abandon, for reasons of high cost
and relatively low priority, the Open Space Land
Acquisition proceedings relative to the parcel described
in Hennepin County District file No. CI ®111 and also
known as Parcel No. 6 of the Federal Department of
Housing and Urban Development Contract No. MINN.
OSA -82. Voting in favor were. Mayor Cohen, Councilmen
Kuefler, Fignar and Britts. Voting against: Councilman
Jensen. The motion passed.
Fire Relief Association Motion by Councilman Britts and seconded by Councilman
Investments Kuefler to approve the purchase by the Fire Relief
Association of $25,000 worth of Government National
Mortgage Association investments and $20,000 worth of
General Service Administration bonds. Voting in favor
were: Mayor Cohen, Councilmen Britts, Fignar, Kuefler
and Jensen. Voting against: none. The motion passed
unanimously.
Resolution Awarding The Director of Public Works next reviewed a resolution
Bids for Contract awarding bids for Contract No. 1974 -A. He stated that
No. 1974 -A the resolution would award bids for certain water main
improvement projects for which bids were rejected in
October, 1973.
RESOLUTION Member Maurice Britts introduced the following resolution
NO. 74 -22 and moved its adoption:
RESOLUTION ACCEPTING BID AND APPROVING CONTRACT
FORM (WATER MAIN & STREET RESTORATION CONTRACT
1974 -A)
The motion for the adoption of the foregoing resolution
was duly seconded by member Bill Fignar, and upon vote
being taken thereon, the following voted in favor thereof.
Philip Cohen, Maurice Britts, Bill Fignar, Tony Kuefler
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. 74 -23 and moved its adoption.-
RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT
PROJECT NO. 1974-1, SANITARY SEWER IMPROVEMENT
PROJECT NO. 1974 -2, STORM SEWER IMPROVEMENT
PROJECT NO. 1974 -3, AND GRADING, BASE &
SURFACING IMPROVEMENT PROJECT NO. 1974 -4, AND
ORDERING PREPARATION OF PLANS AND SPECIFICATIONS
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, Bill Fignar,
Tony Kuefler and Robert Jensen; and the following voted
against the same: none, whereupon said resolution was
declared duly passed and adopted.
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RESOLUTION Member Bill Fignar introduced the following resolution
NO. 74 -24 and moved its adoption:
RESOLUTION ESTABLISHING STREET BASE & SURFACING
IMPROVEMENT PROJECT NO. .1974 -5 AND CURB &
GUTTER AND SIDEWALK IMPROVEMENT PROJECT NO
1974 -6, AND ORDERING PREPARATION OF PLANS AND
SPECIFICATIONS
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, Bill Fignar,
Tony Kuefler and Robert Jensen; and the following voted
against the same: none, whereupon said resolution was
declared duly passed and adopted.
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Mayor Cohen left the table and Councilman Kuefler
assumed the chair at 8:07 p.m.
Resolution Establishing The Director of Public Works next reviewed a proposal
Improvement Project to establish Improvement Project Nos. 1974 -7, 8, 9
Nos. 1 974 -7, 8, 9 and and 10. He explained that the industrial park developers
10 propose to erect a multistory office building between
Earle Brown Drive and Highway 100 on a parcel located
immediately north of the existing four -story office building.
He illustrated the location of water main, sanitary sewer,
drainage, and street surfacing projects which would be
necessary to serve the proposed office site.
RESOLUTION Member Robert Jensen introduced the following resolution
NO. 74 -25 and moved its adoption-
RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT
PROJECT NO. 1974 -7, SANITARY SEWER IMPROVEMENT
PROJECT NO. 1974 -8, STORM SEWER IMPROVEMENT
PROJECT NO. 1974 -9, & GRADING, BASE & SURFACING
IMPROVEMENT PROJECT NO, 1974 -10, AND ORDERING
PREPARATION OF PLANS AND SPECIFICATIONS
The motion for the adoption of the foregoing resolution
w4s duly seconded by member Bill Fignar, and upon
vote being taken thereon, the following voted in favor
thereof° Maurice Britts, Bill Fignar, Tony Kuefler and
Robert Jensen; and the following voted against the same:
none, whereupon said resolution was declared duly
passed and adopted.
Mayor Cohen returned to the table and assumed the
chair at 8:16 p.m.
RESOLUTION Member Maurice Britts introduced the following resolution
NO. 74-26 and moved its adoption:
RESOLUTION SHOWING SUPPORT AND DECLARING
MARCH 31, 1974 AS BC KALEIDOSCOPE °74 DAY
The motion for the adoption of the foregoing resolution
was duly seconded by member Bill Fignar; and upon vote
being taken thereon, the following voted in favor thereof:
Philip Cohen, Maurice Britts, Bill Fignar, Tony Kuefler,
and Robert Jensen, and the following voted against the
same: none, whereupon said resolution was declared
duly passed and adopted.
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Ordinance Amending The City Manager introduced the next item of business,
Chapter 34 an ordinance amending Chapter 34. He stated that the
ordinance is recommended for the purpose of clarifying
an ambiguity with respect to real estate signery.
ORDINANCE Motion by Councilman Fignar and seconded by Council -
First Reading man Kuefler to offer for first reading an ordinance
amending Chapter 34 of the City Ordinances relative to
certain signs not requiring a permit. Voting in favor
were.- Mayor Cohen, Councilmen Britts, Fignar, Kuefler
and Jensen. Voting against.- none. The motion passed
unanimously.
Proposed Designation The City Manager introduced as a matter of information
of Earle Brown Farm the proposed designation of Earle Brown Farm as a
as a Historical Site historical site. He stated that the Brooklyn Historical
Society has been working with Representative Ernee
McArthur to develop legislation designating the Earle
Brown Farm as a historical site. He stated that such a
designation would have no effect on the property as to
ownership or taxability.
The Director of Public Works then reviewed a map out-
lining that part of the Earle Brown Farm which might be
included in the historical site. He stated that the
designation would apply only to the main farm buildings
The City Manager commented that the owner of the
property would still have the right to develop as he
wishes but that it would be recognized by the State as a
historical site.
Councilman Fignar inquired as to the possibilities of the
farm buildings being developed as a small shopping
center. The City Manager commented that there had
earlier been discussions with the developer on such a
concept but that nothing had come of it.
Motion by Councilman. Britts and seconded by Councilman
Fignar to support the designation of the Earle Brown Farm
as a historical site. Voting in favor were- Mayor Cohen,
Councilmen Britts, Fignar, Kuefler and Jensen. Voting
against. none. The motion passed unanimously.
"tentative Determination Mayor Cohen next commented on the need for some type
to Participate in the of determination of Brooklyn Center's possible partici-
Bicentennial Community pation in the national Bicentennial Community Program.
Program He stated that citizen participation is required if a
Bicentennial Community Program is to be developed. He
stated that he would like to appoint Mr. Thomas Stire as
chairman of a steering committee to begin exploring
Brooklyn Center's involvement in the program.
Mayor Cohen described what other communities across
the country have proposed for their participation. He
commented that the State of Minnesota is involved in the
Bicentennial Program and felt that Brooklyn Center should
consider participation.
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The City Manager emphasized that participation is
required to be community based and stated that present
priorities would not permit City staff involvement in the
program unless the Council determined otherwise by
changing priorities or increasing staff.
Councilman Fignar inquired as to the duration of such
a program if Brooklyn Center chose to participate. The
City Manager commented that the time commitment was
a prerogative of the community.
It was the City Council's consensus that the Mayor
appoint Mr. Thomas Stire chairman of a committee to
explore the possibilities of Brooklyn Center's participation
in the Bicentennial Community Program.
Resolution Endorsing The City Manager next presented an outline of current
the Central Energy legislative efforts relative to the energy matter. He
Authority Concept as explained that legislative debate had essentially been
Presented in House reduced to two concepts - -a central energy authority for
File No. 2675 Minnesota vs. the assignment of energy related respon-
sibilit to various existing departments of State government.
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Mayor Cohen recommended endorsement of the central
energy authority concept stating that the creation of such
a central office would provide high visibility to the problem
and would likely create an aura of authority necessary to
deal with the problem,.
A discussion ensued relative to the two concepts with
councilmen expressing their views. Councilman Kuefler
stated that he supported the central authority concept
because of the magnitude of the problem. Councilman
Jensen commented to the effect that a central authority
would constitute just another addition to the State
bureaucracy, advocating that existing departments of
State government should have the capability of handling
the problem. Councilman Britts stated his opposition
to the central authority concept, opting for the assignment
of energy related matters to existing departments of State
government.
RESOLUTION Member Tony Kuefler introduced the following resolution
NO, 74 -27 and moved its adoption-
RESOLUTION ENDORSING CONCEPT OF CENTRALIZED
STATE ENERGY AUTHORITY
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, Tony Kuefler and Bill Fignar; and the
following voted against the same- Maurice Britts; not
voting- Robert Jensen; whereupon said resolution was
declared duly passed and adopted.
Recess The City Council recessed at 9.10 p.m. and resumed at
9.27 p.m.
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Resolution Endorsing The City Manager introduced the next item on the
with Qualifications agenda, the endorsement with qualifications, of the
the Shade Tree Disease shade tree disease control concept as presented in
Control Concept as House File No. 2920. He stated that the bill provides
Presented in House state -wide control for shade tree diseases. He
File No. 2920 commented that such controls should be instigated since
shade tree diseases have had devastating effects
throughout the State..
The City Manager continued by stating that the bill has
certain provisions which should be addressed to by the
City Council before endorsement. He suggested that the
special assessment provision for the taking of diseased
trees on private property be left to the option of the
respective municipality. He also commented that it is
inappropriate to require shade tree legislation enacted
by duly elected local governing bodies to be submitted
for unilateral approval or disapproval by a nonelected
state administrative officer.
The City Manager commented that the State Legislature
should be commended for the provision i&-the bill which
recognizes the additional costs to a municipality for
such a mandated program and authorizes such cost to be
financed by a special levy outside existing levy limita-
tions.
RESOLUTION Member Robert Jensen .introduced the following resolution
NO. 74-28 and moved its adoption-
RESOLUTION ENDORSING THE SHADE TREE DISEASE
CONTROL CONCEPT EMBODIED IN HOUSE FILE NO. 2920
The motion for the adoption of the foregoing resolution
was duly seconded by member 'Pony Kuefler, and upon vote
being taken thereon, the following voted in favor thereof:
Philip Cohen, Maurice Britts, Bill Fignar, Tony Kuefler
and Robert Jensen, and the following voted against the
same: none, whereupon said resolution was declared duly
passed and adopted.
Resolution Endorsing The City Manager then introduced for discussion certain
Rental Housing concepts in the area of housing which are before the State
Ownership Disclosure Legislature. He recommended that the City Council go on
as Presented in House record in support of House File No. 3157 which would
File No. 3157 require rental housing ownership disclosure.
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He stated that the concept as presented, would require
disclosure of ownership and manager of rental dwelling
units, the sanction for non - disclosure being that the
owner of the rented property would lose his right to take
legal action against the tenants.
Resolution Endorsing The City Manager next discussed the concept of
Eminent Domain with expanding hazardous building remedies as embodied in
Respect to Hazardous Senate File No. 3060. He stated that the bill would
Buildings as Presented authorize cities to correct the hazardous conditions of
in Senate File No. 3060 any hazardous building and levy the costs incurred as
a special assessment against the property. In addition,
the bill would authorize cities to acquire the hazardous
building through exercise of eminent domain proceedings,
the eventual remedying of the hazardous condition, and
subsequent disposal of the property for housing use.
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Resolution Endorsing The next legislative proposal discussed was House File
State Housing No. 2950, which comprehends expansion of the State
Rehabilitation Loans Housing Finance Agency bonding authority from $100
as Presented in House million to $500 million for a low and moderate income
File No. 2950 housing loan program. It was pointed out that the bill
also authorizes $100 million in state bonds for the
purpose of providing low interest loans and grants to
rehabilitate existing housing stock owned by low and
moderate income persons.
Mayor Cohen pointed out that these housing bills reflect
a spirit of partnership between local government and
state government which is needed in order to adequately
address the State's housing problems .
RESOLUTION Member Bill Fignar introduced the following resolution
NO. 74-29 and moved its adoption:
RESOLUTION SUPPORTING CONCEPT EMBODIED IN
HOUSE FILE NO. 2950
The motion for the adoption of the foregoing resolution
was duly seconded by member Tony Kuefler, and upon
vote being taken thereon, the following voted in favor
thereof: Philip Cohen, Maurice Britts, Bill Fignar,
Tony Kuefler and Robert Jensen; and the following voted
against the same: none, whereupon said resolution was
declared duly passed and adopted.
RESOLUTION Member Robert Jensen introduced the following resolution
NO. 74-30 and moved its adoption-
RESOLUTION ENDORSING LEGISLATION AUTHORIZING
EXERCISE OF EMINENT DOMAIN WITH RESPECT TO
HAZARDOUS BUILDINGS
The motion for the adoption of the foregoing resolution
was duly seconded by member Maurice Britts, and upon'
vote being taken thereon, the following voted in favor
thereof: Philip Cohen, Maurice Britts, Bill Fignar,
Tony Kuefler 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
NO. 74-31 resolution and moved its adoption:
RESOLUTION ENDORSING LEGISLATION REQUIRING
RENTAL HOUSING OWNERSHIP DISCLOSURE
The motion for the adoption of the foregoing resolution
was duly seconded by member Bill Fignar, and upon
vote being taken thereon, the following voted in favor
thereof: Philip Cohen, Maurice Britts, Bill Fignar,
Tony Kuefler and Robert Jensen; and the following voted
against the same: none, whereupon said resolution
was declared duly passed and adopted.
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Establishment of a The City Manager then described a developing
County Housing legislative proposal consisting of provision for a
Court Housing Court which would be a section or branch
of County Municipal Court. He explained that the
concept is based upon the precept that tenant - landlord
disputes and housing code enforcement is a highly
specialized area, thus, deserving special attention
through a Housing Court. It was pointed out that
legislation embodying such a concept would probably
be introduced this session but not likely acted upon
until the 1975 session of the legislature.
The Use of Present Mayor Cohen then distributed a letter he had received
Railway Systems from Representative Ernee McArthur soliciting opinion
for Public Transportation regarding the use of existing railroad facilities in the
metropolitan area for mass transit purposes within the
metro area.
Councilman Kuefler responded that it was his opinion
that rail mass transit, as he envisions it, would not be
feasible in the Twin Cities metro area.
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Mayor Cohen commented that t he Metropolitan T ransit
Commission's proposal is based upon a fixed guideway
system and he stated that he favored exploring the use
of existing railroad facilities as a possible alternative.
Councilman Britts stated that he was in favor of
exploring the use of existing railroad facilities and
rights of way for some form of public transportation.
Motion by Councilman Britts, seconded by Councilman
Jensen to endorse exploring the development of some
type of public transportation utilizing existing railroad
facilities and right of way within the metropolitan area.
Voting in favor were: Mayor Cohen, Councilmen Britts,
Fignar, Kuefler and Jensen. Voting against: none. The
motion passed unanimously.
Licenses Motion by Councilman Britts and seconded by Councilman
Jensen to approve the following licenses.
BULK VENDING LICENSE
Brooklyn Center Lions Box 22433
CIGARETTE LICENSE
Vendmark , Inc.
Woolworths Brookdale
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FOOD ESTABLISHMENT LICENSE
Beacon Bowl 6525 Lyndale Ave.
Brooklyn Center American
Little League 3612 Woodbine Lane
Brothers Bake and Deli 1342 Brookdale
Brothers Brookdale Rest. 1341 Brookdale
Burger King 6110 Brooklyn Blvd.
Future Homemakers of
America Brooklyn Center High
Independent School Dist.
No. 11 7020 Dupont Ave.
Lynbrook Bowl 6357 N. Lilac Dr.
Maranatha Conser. Baptist
Nursing Home 5401 - 69th Ave.
McDonald's 8030 Nicollet Ave.
Nino's Steak House 6040 Earle Brown Dr.
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Red Owl 5425 Xerxes Ave.
Roy's A and W 6837 Brooklyn Blvd.
Shopper's City 3600 - 63rd Ave.
Shopper's City Bakery 3600 - 63rd Ave.
Superamerica 1901 - 57th Ave.
Joe Williams Catering 3517 Hennepin Ave.
GARBAGE AND REFUSE COLLECTION LICENSE
Johnson Sanitation 125 Bunker Blvd.
ITINERANT FOOD ESTABLISHMENT LICENSE
Boltz Catering 4140 Fremont Ave.
MECHANICAL SYSTEMS LICENSE
Abel Heating Co. 226 Water Street
NON - PERISHABLE FOOD VENDING MACHINE LICENSE
Al's Freeway 6545 Lyndale Ave.
Anderson Automatics 4912 France Ave.
Beacon Bowl 6525 Lyndale Ave.
Bill's Vending Service
Brooklyn Center Shell 6215 Brooklyn Blvd.
Brooklyn Center Union 76 6810 Humboldt Ave.
Canteen Co. of Minn.
N.W. Bell Telephone 5 910 Shingle Creek Pkwy.
Christy's Auto Service 5300 Dupont Ave.
Coca Cola Bottling Co.
Holiday Inn 1501 - 65th Ave.
Chippewa Park Apts . 6307 Camden Ave.
K -Mart 5930 Earle Brown Dr.
Super Valu 5 801 Xerxes Ave.
Brookdale West 5901 Brooklyn Blvd.
Schramm's Toyota 6121 Brooklyn Blvd.
Velie Old: 6700 Brooklyn Blvd.
Sears Brookdale
Donaldson Car Care Brookdale
R. E. Fritz
Dayton's Employee's
Lunchroom Brookdale
Frank Gill
Harkess Engineering 3707 - 50th Ave.
H & L Enterprises
Whirltronics 3401 - 48th Ave.
Federal Lumber 4810 N. Lilac Dr.
Earle Brown Farm Apts. 1701 - 69th Ave.
Karen's Beauty Salon 4300 - 69th Ave.
Lynbrook Bowl 6357 N. Lilac Dr.
Maranatha Conser. Baptist
Nursing Home 5401 - 69th Ave.
Metropolitan Life Ins. 2950 County Road 10
Ralph's Super Service 6601 Lyndale Ave.
READILY PERISHABLE FOOD VEHICLE LICENSE
Little Friends Day
Care Center 5840 Iumboldt Ave.
READILY PERISHABLE FOOD VENDING MACHINE LICENSE
Canteen Co. of Minn. 6300 Penn Ave.
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SPECIAL FOOD HANDLING LICENSE
Brooklyn Center Liquor
Store No. 1 6800 Humboldt Ave.
Brooklyn Center Liquor
Store No. 2 6250 Brooklyn Blvd.
Brooklyn Center Liquor
Store No. 4 Northbrook
Ralph's Super Service 6601 Lyndale Ave.
Voting in favor were: Mayor Cohen, Councilmen Britts,
Fignar, Kuefler and Jensen. Voting against: none. The
motion passed unanimously.
Adjournment Motion by Councilman Fignar and seconded by Councilman
Britts to adjourn the meeting. Voting in favor were: Mayor
Cohen, Councilmen Britts, Fignar, Kuefler and Jensen.
Voting against: none. The motion passed unanimously.
The Brooklyn Center City Council adjourned at 10:31 p.m.
Clerk Mayor
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