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HomeMy WebLinkAbout1973 03-12 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 MARCH 12, 1973 CITY HALL Call to Order The City Council met in regular session and was called to order by Mayor Philip Cohen at 7:35 p.m. Roll Cali Mayor Cohen, Councilmen Leary, Britts, Kuefler, and Fignar. Also present were City Manager Donald Poss, Director of Public Works James Merila, Director of Finance Paul Holmiund, Chief of Police Thomas O'Hehir, City Attorney Richard Schieffer and Administrative Assistants Blair Tremere and Daniel Hartman Invocation The invocation was offered by Reverend Matson of the Berean Evangelical Free Church. Approve Minutes Motion by Councilman Kuefler, seconded by Council- 2 -26 -73 man Leary to approve the minutes of the February 26, 1973 meeting. Voting in favor were: mayor Cohen, Councilmen Kuefler, Leary, Britts and Fignar. Voting against: none. Motion passed unanimously. RESOLUTION Member Bill Fignar introduced the following resolution NC, 73 -30 and moved its adoption: RESOLUTION ESTABLISHING MORATORIUM ON ISSUANCE OF SPECIAL HOME OCCUPATION PERMITS 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. Consideration of Resolution The City Manager explained a draft resolution intended Establishing Housing to create a temporary Housing Steering Committee and Steertaig Committee to establish the duties and responsibilities thereof. A brief discussion ensued. Following further discussion there was a motion by Councilman Leary, seconded by Councilman Fignar to amend said resolution by providing that the Housing Steering Committee should consist of six members appointed by the Mayor, together with a member of the City Council who would serve as Chairman. Voting in favor were: Mayor Cohen, Councilmen Leary, Fignar, Britts, and Kuefler. Voting against: none. Motion passed unanimously. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 73 -31 and moved its adoption: RESOLUTION CREATING TEMPORARY HOUSING STEERING COMMITTEE AND ESTABLISHING DUTIES AND RESPONSIBILITIES -1- 3 -12 -73 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: 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. Designate Steering Mayor Cohen then designated Councilman Fignar to Committee Chairman serve as Chairman of the temporary Housing Steering Committee. RESOLUTION Member Tony Kuefler introduced the following resolu- NO. 73 -32 tion and moved its adoption. RESOLUTION ESTABLISHING COMMUNITY CENTER MEMBERSHIP POLICY FOR BROOKLYN CENTER SENIOR CITIZENS. 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 B!11 Fignar, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Draft Resolutions cn The City Manager next presented and explained several Council Position Toward draft resolutions intended to express City Council Legislative Issues positions regarding a variety of legislative proposals presently being considered by the Minnesota Legisla- ture. He reviewed a draft resolution regarding House File 295 and Senate File 365 regarding amendments to the Public Employment Labor Relations Act. An extensive dis- cussion ensued and Mayor Cohen recognized Represen- tative Ernee McArthur who noted several proposed amendments to the bill which were to be submitted in the near future. Following further discussion with Representative McArthur, Councilman Britts listed several concerns he had stating that he disagreed with certain aspects of the proposed resolutions and the negative approach represented therein towards the pending legislation. Councilman Leary responded that portions of the language in the bills seemed to interfere with the prerogative of the City Council and administration, as employers, to establish priorities. He stated it also appeared much of the intent of the proposed leg- islation hinged upon the myth that government has an "open purse" through the power of taxation. Mayor Cohen stated that his concern was with protecting the public as well as the rights of municipal employees. RESOLUTION Member Bill Fignar introduced the following resolution NO. 73 -33 and moved its adoption. RESOLUTION OPPOSING CERTAIN FEATURES OF HOUSE FILE 295 AND SENATE FILE 365 REGARDING AMEND- MENTS TO PUBLIC EMPLOYMENT LABOR RELATIONS ACT -2- 3 -12 -73 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: Philip Cohen, John Leary, Tony Kuefler, and Bill Fignar; and the following voted against the same: Maurice Britts, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member John Leary introduced the following resolution NO. 73 -34 and moved its adoption: RESOLUTION URGING LEGISLATIVE RESTRAINT IN MANDATING COSTS ON LOCAL GOVERNMENT 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, 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 Maurice Britts introduced the following NO. 73 -35 resolution and moved its adoption. RESOLUTION SUPPORTING HOUSE FILE 587 REGARDING ON -SALE LIQUOR LICENSES IN MUNICIPAL LIQUOR i COMMUNITIES 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, John Leary, Maurice Britts, Tony Kuefler, and Bill Fignar; and the following voted against the same: none, whereupon said resolu- tion was declared duly passed and adopted. RESOLUTION Member John Leary introduced the following resolution NO. 73 -36 and moved its adoption. RESOLUTION SUPPORTING ADOPTION OF HOUSE FILE 493, SENATE FILE 415 AND HOUSE FILE 524, SENATE FILE 416 REGARDING ESTABLISHMENT OF BEER AND LIQUOR LICENSE FEES The motion for the adoption of the foregoing resoluaton 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 resolu-- NO. 73 -37 tion and moved its adoption. RESOLUTION SUPPORTING ADOPTION OF CERTAIN PROVISIONS OF SENATE FILE 377 REGARDING MODIFICATIONS IN THE LIQUOR WHOLESALE LAW 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 -3- 3- 12-x73 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 Maurice Britts introduced the following resolu- NO. 73 -38 tion and moved its adoption: RESOLUTION SUPPORTING PROVISIONS OF SENATE FILE 533 REGARDING MONETARY CEILING UNDER THE LIQUOR CIVIL DAMAGE ACT The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefier, 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 Bill Fignar introduced the following resolution NO. 73 -39 and moved its adoption. RESOLUTION OPPOSING ADOPTION OF SENATE FILE 414 RELATIVE TO ABOLITION OF THE TOWNSHIP SYSTEM OF POOR RELIEF 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: 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 Mater The City Manager explained a draft resolution recom- Storage and Distribution mended for the purpose of establishing a project desig Study nation for the proposed water storage tower in the vi- cinity of Lions Park. He stated that this item was related to the long pending discussion item concerning the recently updated water distribution and storage study by Black and Veatch consultants. The City Manager then reviewed his March 5 nvwso- randum to the Council regarding a waterworks improve- ment program. He explained various water usage philosophies and recommended that the Council give strong consideration to adopting the water conserva- tion approach to the future development of the water- works system. He noted that adoption of the conser- vation approach would not be totally irrevocable in that certain options will become available for evalua- tion in future years, and the success or failure ex- perience of the water conservation philosophy will assist in option selection. He further explained that the proposed 1973 segment of the waterworks system construction program is much the same under either the traditional and pre- vailing waterworks design philosophy (based upon the concepts of unlimited water supply with design and facilities to meet peak conceivable demand) , or the conservation and water management philosophy. -4- 3 -12 -73 The mayor then recognized the Director of Public Works who extensively explained the proposed 1973 and future projects and reviewed the findings of the updated study by Black and Veatch. Extensive dis- cussion then ensued. RESOLUTION Member Bill Fignar introduced the following resolu- NO. 73 -40 tion and moved its adoption: RESOLUTION ESTABLISHING WATER STORAGE TANK AND TOWER IMPROVEMENT PROJECT NO. 1973 -1 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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 Maurice Britts introduced the following reso- NO 73 -41 lution and moved its adoption: RESOLUTION ESTABLISHING WATER MAIN IMPROVEMENT PROJECTS NO. 1973 -4, 1973 -5, 1973 -6 & 1973 -7 AND STREET SURFACING IMPROVE- MENT PROJECT NO. 1973 -8, AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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, 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 resolu- NO. 73 -42 tion and moved its adoption: RESOLUTION ESTABLISHING WATER MAIN IMPROVE- MENT PROJECT NO. 1973 -2 AND STREET SURFACING IMPROVEMENT PROJECT NO. 1973 -3 AND ORDDERING PREPARATION OF PLANS AND SPECIFICATIONS The motion for the adoption of the foregoing resolu- tion was duly seconded by member John Leary, 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 follow - ing voted against the same: none, whereupon said resolution was declared duly passed and adopted. Discussion of Draft The City Manager next discussed a draft resolution Resolution Establishing recommended for the purpose of establishing a water Water Main Project main project and street surfacing project on Bryant Avenue North between 53rd and 55th Avenues North. The Director of Public Works briefly discussed the projects (Nos. 1973 -9 and 1973-10),. -5- 3 -12 -73 The Mayor then recognized Mr. Bender, 5418 Bryant Avenue North and Mrs. Hollenbeck, 5406 Bryant Avenue North, who presented a petition in opposition of the proposed project. The Director of Public Works explained that a petition had been carried in the neighborhood and 50% of the affected property owners had signed in favor. He stated that on that basis, a public hearing would be scheduled since State law provided a hearing was required upon submission of signatures from at least 3S% of the affected property owners. Mrs. Hollenbeck stated that a number of senior citizens living on Bryant Avenue had signed her petition in opposition of the projects. Mayor Cohen explained that the public hearing was required by law and that a final determination would not be made until some time after that hearing. The City Manager recommended that action be taken to establish the subject projects so that the necessary information and analysis could be accomplished prior to the public hearing. RESOLUTION Member Tony Kuefler introduced the following reso- NO. 73 -43 lution and moved its adoption: RESOLUTION ESTABLISHING WATER MAIN IMPROVE- MENT PROJECT NO. 1973 -9 AND STREET SURFACING IMPROVEMENT PROJECT NO. 1973 -10 AND ORDERING. PREPARATION OF PLANS AND SPECIFICATIONS The motion for the adoption of the foregoing resolu- tion was duly seconded by member John Leary, 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 follow- ing voted against the same: none, whereupon said resolution was declared duly passed and adopted. Recess The meeting recessed at 10:05 p.m. and resumed at 10:40 p.m. Draft Ordinance The City Manager reviewed a draft ordinance amend Amendmxent to ment regarding modifications of Chapter 34 (sign Chapter 34 ordinance) . He stated the proposed amendment represented the Planning Commission's recommenda- tion regarding signery relating to office buildings, as per the Council's request at the February 26 meet- ing. An extensive discussion ensued. In response to a question by Councilman Leary, Administrative Assistant Blair Tremere explained the intent of the Planning Commission that multi -story office buildings should be permitted only wall and projecting signery identifying the building and that the area of such signery should not exceed 10% of the area of the wall supporting the sign. He ex- plained that individual tenants in a multi -story office building, regardless of zone, would not be permitted any projecting or wail signs, in that the Commission felt such enterprises would be able to identify with the office building complex itself. First Reading of Ordinance Following further discussion there was a motion by Amendment to Chapter 34 Councilman Leary, seconded by Councilman Kuefler to offer for first reading the following ordinance. -6- 3 -12 -73 AN ORDINANCE AMENDING CHAPTER 34 RELATING TO PERMITTED SIGNS Voting in favor were: Mayor Cohen, Councilmen Leary, Kuefler, Fignar and Britts. Voting against: none. Motion passed unanimously. Draft Ordinance Amendment The City Manager next discussed two draft ordinance- to Chapters 3 and 6 amendments recommended for the purpose of imple- menting and reflecting a reorganization of the Build - ing Inspection Department. He explained that the Chief Building Inspector Jean Murphey was retiring effective April 1, and that the proposed reorganiza- tion of the Department establishing a Department of Planning and Inspection would reflect current prior- ities comprehended by that function. A brief discussion ensued. Councilman Britts in- quired as to the cost ramifications which would be realized by the proposed restructuring. The City Manager responded that the plan comprehended a re- alignment of the Department within the approved 1973 budget. First Reading of Ordinance Following further discussion there was a motion by Amendment to Chapter 6 and Councilman Kuefler, seconded by Councilman Britts to offer for first reading the following ordinance: AN ORDINANCE AMENDING CHAPTER 6 OF THE CITY ORDINANCES Voting in favor were: Mayor Cohen, Councilmen Kuefler, Britts, Fignar and Leary. Voting against: none. Motion passed unanimously. Chapter 3 Following further discussion there was a motion by Councilman Britts, seconded by Councilman Fignar to offer for first reading the following ordinance: AN ORDINANCE AMENDING CHAPTER 3 OF THE' CITY ORDINANCES Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar, Leary and Kuefler. Voting against: none. Motion passed unanimously. Acknowledge Retirement Motion by Councilman Britts, seconded by Councilman Resignation of Chief Fignar to acknowledge the retirement resignation =b- Building Inspector; Direct mitted by Chief Building Inspector Jean Murphey and Resolution of Commendation further to direct the staff to prepare a resolution commending Mr. Murphey for his many years of ser- vice to the City of Brooklyn Center. Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar, Kuefler and Leary. Voting against: none. Motion passed unanimously. Consideration of New The City Manager next explained that the Brooklyn C vi.l Defense Emergency Center Civil Defense Emergency Plan, last modified Plan Draft and Draft in 1965, has been redrafted at the urging of state Ordfnanc —e Redefining and federal civil defense authorities and was sub - Management of Program mitted for review and adoption. He stated that the Council had briefly reviewed the proposed plan at the February 26 meeting and had deferred disposition of the matter until this meeting. -7- 3»12 -73 An extensive discussion ensued and Councilman Kuefler offered comments relative to the provision for volunteer efforts in the plan. The City Manager responded noting such provisions as set forth in Annex B and Annex C of the proposed plan. The City Manager also explained a draft ordinance recommended for the purpose of redefining the manage- ment of the local civil defense program. Further dis- cussion ensued regarding the proposed structure of the civil defense management function. First Reading of Ordinance Motion by Councilman Kuefler, seconded by Councilman Amending Chapter 31 Leary to offer for first reading the following ordinance: AN ORDINANCE AMENDING CHAPTER 31 OF THE CITY ORDINANCES PROVIDING FOR A CIVIL DEFENSE COORDINATOR Voting in favor were: Mayor Cohen, Councilmen Kuefler, Leary, Fignar and Britts. Voting against: none. Motion passed unanimously. Approve Civil Defense Motion by Councilman Leary, seconded by Councilman Emergency Plan Britts to approve the Civil Defense Emergency Plan as submitted, reflecting current modifications and policies. Voting -in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none. Motion passed unanimously. Approval of Licenses Motion by Councilman Britts, seconded by Councilman Fignar to approve the following licenses: GASOLINE SERVICE STATION LICENSE Bill's Mobil Service Center 6849 Brooklyn. Blvd.. Humboldt Avenue Standard 6900 Humboldt Ave. MECHANICAL SYSTEMS LICENSE Allied Metalcraft Co. 1750 Thomas Ave. Stan Olson, Inc. 8609 Lyndale S. NON- PERISHABLE FOOD VENDING MACHINE LICENS Coca -Cola Bottling Co. Chippewa Parks Apts. 6507 Camden Ave. Hame's Vending Service Cass Screw Co. 4748 France Ave. Duke's Standard 6600 Lyndale Ave. Federal Lumber 4810 No. Lilac Dr. SPECIAL FOOD HANDLERS LICENSE LaBelle's Dist. 5925 Earle Brown Dr. ''Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar, Leary, and Kuefler. Voting against: none. Motion passed unanimously. Review Brauer Report on The City Manager next explained that the Brooklyn Shingle Creek Strip Center Park and Recreation Commission on Septem- ber 13, 1972 reviewed the Shingle Creek Strip pro- posal prepared by Brauer and Associates, and acted to recommend its approval to the City Council. He noted that Council members had been furnished with a copy of that report and he proceeded to review the various features and recommendations. �8- 3 -I2 -73 He noted that the response of the Park and Recreation Advisory Commission was that the submitted plan represented generally their views on the future use of the Shingle Creek green strip area. Councilman_ Britts stated that the Conservation Commission, however, had other concerns, namely, that there was not enough "quiet park" area provided in the form of nature areas and nature trails. Action to Accept Grauer Following extensive discussion of possible further Report in Principle action and future implementation of a final design plan, there was a motion by Councilman Leary, seconded by Councilman Britts to accept the Brauer report and approve it in principle. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar, and Kuefler. Voting against: none. Motion passed' unanimously. Reviev� and Approve Final The City Manager briefly reviewed the final plat for the Plat for'Wers.River Villa West River Villa addition currently being developed by Addition Swanco Construction. He stated the location of the plat is commonly described as lying southerly of 73rd Avenue North and westerly of Trunk Highway 169. Following a brief discussion there was a motion by Councilman Leary, seconded by Councilman Kuefler to approve the final plat for the West River Villa addition submitted by Harold Swanson. Voting in favor were: Mayor Cohen, Councilmen Leary, Kuefler, Fignar and Britts. Voting against: none. Motion passed unanimously. Adjournment Motion by Councilman Britts, seconded by Councilman Fignar to adjourn the meeting. Voting in favor were: Mayor Cohen, Councilmen Britts, Fignar, Leary, and Kuefler. Voting against: none. Motion passed unanimously. The City Council meeting adjourned at 12:15 a. m. C h/ C1 k Mayor -9- 3 -12 -73