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HomeMy WebLinkAbout1973 02-05 CCM Regular Session VIIN'UTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF iivIN NESOTA REGULAR SESSION FEBRUARY 5, 1973 CITY HALL Call to Order The City Council met in regular session and was called to order at 7 :35 p.m. by 1�4ayor Philip Cohen. Roll Call Mayor Cohen, Councilmen Leary, Britts, Fignar, and Kuefler. Also present were City Manager Donald Poss, Director of Public v James Merila, Director of Finance Paul Holmlund, Chief of Police Thomas O'Hehir, Director of Parks and Recreation Gene Hagel, City Attorney Richard Schieffer, and Administrative Assistants Daniel Hartman and Blair Tremere. Approve Minutes: Motion by Councilman Kuefler, seconded by Councilman 1 -22 -73 Britts to approve the minutes of the January 22, 1973 meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar, and Kuefler. Not voting: Councilman Leary who explained that he was not present at the January 22 meeting. Motion passed. Confirm Appointment to Motion by Councilman Fignar, seconded by Councilman Conservation Commission Leary to confirm the Mayor's appointment of Mrs. Barbara Jensen, 6539 Drew Avenue North, to the Conservation Advisory Commission seat vacated by Mrs. Bonnie Snater. Voting in favor were: mayor Cohen, Councilmen Fignar, Leary, Britts, and Kuefler. Voting against: none. Motion passed unanimously. Designate Mayor's Repre- Mayor Cohen announced his designation of Councilman sentatives to Commissions Britts as the Mayor's representative to the Conservation Commission and Councilman Fignar as the Mayor's repre- sentative to the Human Rights Commission.. Legislative Issues Mayor Cohen stated that the two state senators and two Discussion state representatives representing portioht of Brooklyn Center had been invited to appear to discuss legislative issues having major impact upon local government. He then recognized Representative Lyndon Carlson and Rep- resentative Ernee ,AcArthur, who commented upon pro posed legislation which was currently pending before committees of which they were members. As State Senator "Skip" Humphrey arrived an extensive discussion commenced relative to specific items of in- terest to municipal government. The Legislators, the Council, and the City Manager commented upon a variety of items including labor relations, levy limitations, public employee retirement, and environmental matters. The meeting recessed at 9 :00 p.m. and resumed at 9:30 p.m. Further legislative discussion items included the proposal for a county -wide prosecutor, the Metropolitan Council, the state building code, minimum wage law, split liquor, the alleged liquor monopoly, and cable television. -1- 2 -5 -73 Regarding housing, Mayor Cohen stated that this was an appropriate time for Brooklyn Center to consider the establishment of a housing and Redevelopment Authority. He noted, however, that the Housing Advisory Committee of the Metropolitan Council had recommended that the Metropolitan Council should seek state legislation em- powering the Council to act as a Metropolitan Housing and Redevelopment Authority, with the consent of local units of government. He stated that the proposed Metro- politan Authority would carry out programs for any munici- pality only after a formal request from the local governing body. He stated further that local units of government could continue to establish and operate their own local Housing and Redevelopment Authorities or they could enter into cooperative agreements with the Council. The Mayor then recognized Mr. Jim Ordner, Chairman of the Brooklyn Center Human Rights Advisory Commission, which has been analyzing the housing needs in the City. Mr. Ordner stated that it was the recommendation of the Commission that the City should pursue the establish - ment of a local Housing and Redevelopment Authority via special legislation during this session of the legislature. He stated that if a Metropolitan Authority were establish- ed in the future, the City could then contract for any needed services from that agency. Further comments were offered by Senator Humphrey and Representatives McArthur and Carlson. RESOLUTION Member Maurice Britts introduced the following resolu- NO. 73 -22 tion and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT 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, John Leary, Maurice Britts, Tony Kuefler, and Bill Fignar; and the following voted against the same: none, whereupon said resolution was declared duly ; passed and adopted. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 73 -23 and moved its adoption. RESOLUTION EXPRESSING RECOGNITION OF AND APPRE- CIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. EARL LARSEN The motion for the adoption of the foregoing resolution was duly seconded by member Maurice Britts and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Maurice Britts, Tony Kuefler, and Bill Fignar; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member John Leary introduced the following resolution and NO. 73 -24 moved its adoption: RESOLUTION ACCEPTING BID FOR T vVO (2) RIGID ONE- WAY TRIP SN(YvV PLOWS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote -2- 2 -5 -73 being taken thereon, the following voted in favor r60f Philip Cohen, John Leary, Maurice Britts, Tony Kuefler, and Bill Fignar; and the following voted against the same: none, whereupon said resolution was declared duly - passed and adopted. Discussion of Draft Resolu- The City Manager next introduced a draft resolution re- tion on Park and Recreation defining Park and Recreation Commission duties and Commission responsibilities. He stated the resolution was modified pursuant to City Council consideration on January 22, 1973. Mayor Cohen informed the Council that he and the City Manager had met with the Park and Recreation Commis- sion and extensively discussed the proposed Commission restructuring. Mayor Cohen noted that Mr. Don Reichel, Chairman of the current Park and Recreation Advisory Commission, and Commissioner Ruth Lind were present. An extensive discussion then ensued regarding the draft resolution. A memorandum submitted by Commissioner Lind was noted and items discussed included the mayoral appoint- ment of the chairman, the development and updating of a comprehensive park plan, and the status of advisory commissions vs. administrative boards, which are now prohibited by the City Charter. Mayor Cohen stated that it appeared that the proposal contained in the draft resolution seemed to offer a clear and flexible definition and organization of the Commis - sion. He noted that the Commission could consider the establishment of rules and procedures, and he commented that the Charter Commission had recently accomplished this. Councilman Leary stated that essentially the varying points of view concerning the redefinition and reorganization of the Park and Recreation Commission centered around the change from the traditional way of accomplishing the same general objective. He stated the current proposal was in the best interests of the City in that it better defined the structure and role of the Commission and clarified its function and objectives. Councilmen Fignar and Kuefler agreed noting that the new definition and organization would be consistent with the other advisory commissions. A brief discussion ensued relative to Councilman Britt's suggestion that consideration might be given to defining the relationship between the Commission and the Park and Recreation Department. Further discussion ensued relative to the procedure of adopting the resolution and the modification of the existing ordinances. RESOLUTION Member Tony Kuefler introduced the following resolution 170. 73 -25 and moved its adoption: RESOLUTION CONTINUING A BROOKLYN CENTER PARK AND RECREATION COMMISSION AND REDEFINING DUTIES AND RESPONSIBILITIES THEREFOR The motion for the adoption of the foregoing resolution was duly seconded by member John Leary, and upon vote being taken thereon, the following voted in favor thereof: -3- 2 -5 -73 Philip Cohen, John Leary, Maurice Britts, Tony Kuefler, and Bill Fignar; and the following voted against the same: none, whereupon said resolution was declared duly pass - ed and adopted. First Reading: Following further discussion there was a motion by Ordinance Amending Councilman Leary, seconded by Councilman Fignar to Chapter 13 declare a first reading on the following ordinance: AN ORDINANCE AMENDING CHAPTER 13 OF THE CITY ORDINANCES BY REPEALING PROVISIONS RELATING TO A PARK AND RECREATION ADVISORY COMMISSION. Voting in favor were: Mayor Cohen, Councilmen Leary, Fignar, Kuefler, and Britts. Voting against: none. Motion passed unanimously. First Reading: Following further discussion there was a motion by Ordinance Amending Councilman Britts, seconded by Councilman Kuefler to Chapter 6 declare a first reading on the following ordinance: AN ORDINANCE AMENDING CHAPTER 6 OF THE CITY ORDINANCES Voting in favor were: Mayor Cohen, Councilmen , Kuefler, Leary, Britts, and Fignar. Voting against: none. Motion passed unanimously. Discussion of Proposed The City Manager reviewed that the Council had declared Sign Ordinance Modi- a moratorium on the issuance of wall sign permits for fications office buildings pending study and further determination of proposed modification of the sign ordinance. He re- viewed the development of the rmdifications as proposed by the Planning Commission and noted that the primary concern of the Council had been the distinction drawn be- tween retail and non - retail uses located on the ground floor of multi - story office buildings in the C2 district. An extensive discussion ensued and Councilman Fignar noted that both retail and non - retail uses located on the ground floor were paying prime rent for that location and he proposed that the word "retail" be deleted and sub - stituted by the word "commercial," thus, providing for all ground floor uses in the C2 district. The Mayor then recognized the attorney for Mr. Darrell Losey, who explained that his client, the owner of a real estate firm, was a prospective ground floor tenant in one of the City's high -rise office buildings. He offered comments as to the control of permitted signs and stated that the specific allocation of signery for office buildings should be a matter for the landlord who would be guided by general controls stated in the city ordinance. A brief discussion then ensued regarding the recommended height and location of signs on multi -story office buildings. Following further discussion the Mayor stated that the matter should be referred to the Planning Commission in light of Councilman Fignar's recommendation that the reference to ground floor retail uses in multi -story office buildings in the C2 district be eliminated. The City Manager responded that the Commission would be meeting. prior to the next City Council meeting and he recommend#- ed that the proposed sign ordinance modifications be -4- 2 -5 -73 drawn up as a draft ordinance amendment -to be presented for first reading at a subsequent Council meeting atwhich time the additional consideration by the Planning Com- ' mission could be presented. Consensus to Direct It was determined that it was the consensus of the Preparation of Draft Council to direct the staff to draft an ordinance reflect R Ordinance on Sign ing the modifications of the sign ordinance recommended Ordinance Modifications by the Planning Commission and reviewed by the Council. Discussion on Need for Further discussion ensued regarding the proposition that HRA the City of Brooklyn Center, should seek special legisla- tion permitting the establishment of a. Housing and Re- development Authority. The Mayor stated that steps should be taken to draft the necessary special legisla- tion since all legislation relating to local issues need- ed to be submitted to the legislature no later than February 15'. He stated that if a Metropolitan Housing Authority were established in the meantime, the Brooklyn Center special action could be altered accordingly. On the other hand, he stated that if a Metropolitan Housing Authority were not established this legislative session, then hopefully the City could achieve the special legis- lation and proceed under the auspices of its own Housing Authority. Mr. Jim Ordner, Chairman of the Human Rights Advisory Commission, offered further comments as to the need for a Housing and Redevelopment Authority, and stated that the immediate objective for the City should be to deter- mine the status of housing in the City, as well as the type of housing which would be needed in the future, r Authorize the Drafting Following further discussion there was a motion by of Special Legislation Councilman Leary, seconded by'Councilman Britts to for a Local HRA direct the City Manager to prepare the language for the special legislation needed to establish a Brooklyn Center Housing and Redevelopment Authority, and to submit such proposal to the state legislature prior to the February 15, 1973 deadline for such legislation. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Leary. Voting against: none. Motion passed unanimously. Approve Licenses Motion by Councilman Fignar, seconded by Councilman Kuefler to approve the following licenses. BINGO LICENSE Willow Ln. Elem. School 7020 Perry Ave. BULK VENDING MACHINE LICENSE Elm Farm Super Market 5930 Earle Brown Drive BULK VENDING ROUTE LICENSE Brooklyn Center Lions Box 22433 CIGARETTE LICENSE Two Roman Steak and Spaghetti Villa 5532 Brooklyn Boulevard FOOD ESTABLISHMENT LICENSE ABC Brookdale Theatre 2501 County Rd. 10 Berean Evangelical Free Church 6525 Humboldt Ave. Brooklyn Center Country Boy 4401 - 69th Ave, Brooklyn Plaza Cinema 5801 john Martin Dr. Burger King Corp. #220 6110 Brooklyn Blvd. Coffee Time for Velie Olds 611 Cedar Ave. -5 2-5-73 Country Club Market 5715 Morgan Avenue Donaldson's Inc. 1200 Brookdale Center Elm Farm Super Market 5930 Earle Brown Drive Holiday Inn 1501 - 65th Avenue Hot Sam Co. 1264 Brookdale Center Jolly Green Giant Rest. 5540 Brooklyn Boulevard Marc's Big Boy 5440 Brooklyn Boulevard Metro 300 6840 Brooklyn Boulevard Nino's Steak House Earle Brown Drive Peking Eating Place 5704 Logan Ave. Poppin Fresh Pie Shop 5601 Xerxes Ave. Servomation -Twin Cities Inc. 4301 - 68th Avenue Shopper's City 3600 - 63rd Avenue Super Sam's 1267 Brookdale Center Super Valu 5801 Xerxes Two Roman Steak and Spaghetti Villa 5532 Brooklyn Boulevard Joe Williams Catering 3517 Hennepin Avenue GARBAGE AND REFUSE COLLECTOR'S LICENSE Solid Waste 3250 West 66th St. ITINERANT FOOD ESTABLISHMENT LICENSE Brothers Rest. Brookdale Center C EAP 4111 - 71st Ave NON- INTOXICATING MALT LIQUOR "OFF - SALE" LICENSE Country Club Market 5715 Morgan Avenue. NON- INTOXICATING MALT LIQUOR "ON- SALE" LICENSE Two Roman Steak and Spaghetti Villa 5532 Brooklyn Boulevard NON- PERISHABLE FOOD VENDING MACHINE_ LIC ENSE Anderson Automatics Inc. 4912 France Ave. B -K Vending Inc. N . S. P. Co. 4501 - 66th Ave. Beach Apartments 4201 Lakeside Ave. Bill's Vending Service B. C. Shell 6245 Brooklyn Boulevard B. C. Union 76 6840 Humboldt Ave. Brookdale DX 6501 Humboldt Ave. Brookdale Motel 6500 Lyndale Ave. Brooklyn Center High School 6500 Humboldt Ave. Brooklyn Plaza Cinema Inc. 5801 John Martin Dr. Buhler -Miag, Inc. 3515 - 48th Ave. Canteen Co. of Minn. N. W. Bell 6540 Shingle Creek Pkwy. Coca Cola Co. Inc. Brookdale West 5901 Brooklyn Boulevard Brooklyn Center High School 6500 Humboldt Ave. Bud's Mobil 6849 Brooklyn Boulevard Donaldson Car Care Center 1206 Brookdale Center Holiday Inn 1541 65th Ave. K -Mart 5930 Earle Brown Drive Mobil Station Brookdale Center Sears Brookdale Center Super Valu 5801 Xerxes Ave. Velie Olds 68th and Brooklyn Blvd. Continental Sign & Adv. Co. 4315 - 70th Avenue Country Club Market 5715 Morgan Avenue Eagle Industries Inc. Twin Lake No. Apts. 4536 - 58th Ave. Earle Brown Farm Apts. 6100 Summit Dr. Elm Farm Super Market 5930 Earle Brown Drive :6- 2 -5 -73 R. E. Fritz Dayton's Employee Lunch Brookdale Center H & L Enterprise Federal Lumber 4801 Lilac Drive North W'hirltronics 3401 - 48th Avenue Johnson Tobacco Co. Inc. Sears 1297 Brookdale Center K -Mart 5930 Earle Brown Dr. Karen's Beauty Salon 4300 69th:Ave. Lynbrook Bowl 6357 North Lilac Drive Metro 300 6840 Brooklyn Boulevard Metropolitan Life Insurance 2950 County Road 10 Minnesota Fabrics 5712 Morgan Avenue Northomation Systems, Inc. Brookdale Ford 2500 County Road 10 Allen Page Enterprises Brookdale Motel 6500 Lyndale Avenue Pioneer Distributing Beach Apt. 4201 -07 Lakeview Ave. Phillip 66 Station 6548 Lyndale Avenue Precision, Inc. 3415 - 48th Avenue Prudential Insurance Co. 5650 Lilac Drive North Ralph's Super Service 6601 Lyndale Avenue Rog & Jim's Superette 6912 Brooklyn Boulevard Servomation -Twin Cities Allied Store Brookdale Center Brookdale Pontiac 6801 Brooklyn Boulevard Brooklyn Center Civic Ctr. 6301 Shingle Creek Pkwy. Iten Chevrolet 6701 Brooklyn Boulevard J. C. Penny Brookdale Center Servomation 4301 - 68th Avenue State Farm Insurance 5930 Shingle Creek Pkwy. Velie Olds 6700 Brooklyn Boulevard Shopper's City 3600 - 63rd Avenue Uncle John's Rest. 5935 John Martin Drive Western Stores 5001 France Avenue PUBLIC DANCE LICENSE Nino's Steak House Earle Brown Drive READILY PERISHABLE FOOD VEHICLE Servomation 6801 Brooklyn Boulevard READILY PERISHABLE FOOD VENDING MACHINE Canteen Co. of Minn. N. W. Bell 6540 Shingle Creek Pkwy. Servomation Allied Store Brookdale Center Iten Chevrolet 6701 Brooklyn Blvd. J. C. Penny Brookdale Center State Farm Insurance 5930 Shingle Creek. Pkwy. Voting in favor were: Mayor Cohen, Councilmen Fignar, Kuefler, Britts, and Leary. Voting against:. none. Motion passed unanimously. Discussion and Action on Councilman Britts commented as to a proposal recently Proposed Establishment of published in literature disseminated by the League of Home Rule for Washington, Women Voters regarding the lack of home rule for the D, (3. District of Columbia. -7- 2 -5 -73 Following a brief discussion there was a motion by Councilman Britts, seconded by Councilman Kuefler to have the Brooklyn Center City Council on record as being in favor of the establishment of effective home rule for the District of Columbia; conveying the Council's sympathetic understanding of the problems experienced . by that jurisdiction; and further, to convey the Council's consensus in this regard to the United States senators` and representatives respectfully asking them to exercise their influence and other means available to try again to make home rule for the District of Columbia a reality. It was further moved to convey the determination and feelings of the City Council to the mayor of the District of Columbia. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar and Leary. Voting against: none. Motion passed unanimously. Adjournment Motion by Councilman Fignar, seconded by Councilman Leary to adjourn the meeting. Voting in favor were: Mayor Cohen, Councilmen Fignar, Leary, Britts and Kuefler. Voting against: none. Motion passed unani- mously. The City Council meeting adjourned at 12:30 a.m. r r Mayor Clerk -8- 2 -5 -73