HomeMy WebLinkAbout1973 07-23 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF FROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
JULY 23, 197 3
CITY HALL
Call to Order The City Council met in regular session and was called
to order at 7 :30 p.m. by Mayor Philip Cohen.
Roll Call Mayor Cohen, Councilmen Leary, Britts, Fignar and
Kuefler. Also present were City Manager Donald Poss,
Director of Public Works Jarr:es Merila, Director of
Finance Paul Holmlund, Director of Planning & Inspec-
tion Blair Tremere, Chief of Police Thomas O'Hehir,
City Attorney Richard Schieffer, Assistant City Engineer
Gerald Butcher, and Administrative Assistants Jim Lacing
and Daniel Hartman.
Approve Minutes Motion by Councilman Fignar, seconded by Councilman
7 -9 -73 Leary to approve the minutes of the July 9, 1973 meeting
as submitted. Voting in favor were: Mayor Cohen,
Councilmen Britts, Leary arid Fignar. Not voting:
Councilman Kuefler who explained that he was not
present at the July 9, 1973 meeting. Motion passed.
Authorize Execution of The first item of business was consideration of the City
Library Land Purchase Manager's recommendation that the Council authorize
Agreement the Mayor and City Manager to execute a purchase
agreement with the County for the sale of land under-
lying the Brooklyn Center Library. He explained the
Council had previously approved the negotiated price
for the land and authorized the preparation of such a
purchase agreement.
Following a brief discussion there was a motion by
Councilman Britts, seconded by Councilman Kuefler to
authorize the Mayor and City Manager to execute a
purchase agreement with Hennepin County for the sale
of the land underlying the Brooklyn Center Library.
Voting in favor were: Mayor Cohen, Councilmen Leary,
Britts, Fignar and Kuefler. Voting against: none.
Motion passed unanimously.
Authorize Execution of The Council next considered a recommendation from the
Easement Agreement - City Manager that the Mayor and the City Manager be
Tri -State Land Co., authorized to execute an easement agreement and rail-
Soo Line Railroad road crossing permits relative to Trunk Water Main
Project No. 1973 -7, which crosses Tri -State Land
Company and Soo Line Railroad property. The Director
of Public Works briefly explained the proposal.
Following a brief discussion there was a motion by
Councilman Leary, seconded by Councilman Fignar to
authorize the Mayor and City Manager to execute an
easement agreement and railroad crossI g parmitz
relative to Trunk Water Main Project No. 1973 -7 with
respect to Tri -State Land Company and Soo Line Railroad
property. Voting in favor were: Mayor Cohen, Council -
men Leary, Britts, Fignar and Kuefler. Voting against:
none. Motion passed unanimously.
-1- 7 -23 -73
Consideration of The City Manager commented tha a petition had been
Proposed Sidewalk received opposing the planned installation of sidewalk
Construction Along along 72nd Avenue North between France Avenue Norm
72nd Ave. N. and and West Palmer Lake Drive. He noted that a number
Citizen Request to of residents of that neighbonccod were present and he
Terminate Project stated that a response to the petition would be in order.
The Director of Public Works offered comments on the
matter noting the priorities of the walkway system and
in response to a question by Councilman Erftts, he
stated that the project was "mid-priority", relative to
all other approved projects in the City.
The City Manager explained tl.at the concern stated in
the petition included preservation of trees, the natural
beauty of the area and the request that all proposed
construction of sidewalks in the area by terminated.
An extensive discussion ensvied following a review by
the Director of Public Works and the City Manager of
the establishment of the walkway network by the Counci`
seve al years ago. The City Manager stated the Counci
had projected well into the future, utilizing the Com-
prehensive Plan, the increasi 'i:jg trend as to the use of
bicycles and walking, and especially the emphasis
placed by the City Council on the establishment of a
community -wide nettnork (vs. a segmentation or neigh-
borhood approach) . It was noted also that since the
sidewalk installation was a city -wide program there was
no assessment against individual property owners.
Mayor Cohen stated he felt further substantial public
input should be provided before any decision could be
made, and suggested that a public hearing be held. In
response to a question by the AJa7or, the Director of
Public Works stated the project could only be delayed
approximately two weeks during this construction
season, nct{ng that contract had been let some time
ago.
The Mayor then recognized Mr. Henry Hallgren, who
represented the property owners on 72nd Avenue Nor li
who signed the petition. He stated a basic, concern
was aesthetic, in that trees would be eliminated or
moved and that the end result wo be the neighbor good
would be losing something that it already has. Hie
stated there was some question as to whether a walk-
way along 72nd Avenue was warranted by pedestrian
traffic, and he stated the neighborhood did recognize
the safety and. community development factors regarding
the establishment of the walkway program.
In further discussion the City Manager commented that
the City Council had specified that trees were to be
saved whenever possible. He noted the use of
meandering walkways, which followed natural contour s
and irregular tree lines. ',-ie stated that program- `..ad
been very successful. In response to a question by
Councilman Kuefler, Mr. Hallgrf�n stated the neighbors
were not concerned where the most desirable place
would be for the sidewalk, but rather was soley con-
cerned with the impact on 72nd Avenue North.
The Mayor then stated the alternatives for the Council
were as follows:
-2- 7 -23 -73
1. Proceed with the grogram as approved.
2. Postpone further consideration of the matter
until the next Cc iricil meeting so that a
public hearing could be called.
3. Take action to drop the subject portion of
the sidewalk construction from the contract
and reconsider the matter for next year.
The Mayor reiterated his feeling that more public input
was needed before a determination could be made on the
issue, noting that a substantial number of people
besides those along 72nd Avenue North were affected.
In response to a question by Councilman Fignar, the
City Manager noted that the costs for this particular
project could be expected to increase 10% to 15% if
delayed for another year, and he also noted the need to
consider the various ramifications of deleting particular
portions of an approved sidewalk network.
Motion to Delete Portion Motion by Councilman Kuefler, seconded by Councilman
of 1973 Walkway Construc- Britts to delete from the 1973 walkway construction pro ..7
tion (Vote follows) gram that segment on 72nd Avenue North between France
Avenue North and West Palmer Lake Drive.
Further Discussion In further discussion Councilman Leary said that he was
compelled to speak against the motion in that it was
simply a "why me" type of question. He stated the
general problem stated by the petition had already beeil
evaluated by the Council and that the overriding need
was to look at the value of a sidewalk network as a
whole. He commented it was a community -wide effort
and that while he could appreciate the concerns of
specific individuals, it was essential to the principle
of fairness to the whole community that the basic
philosophy behind the program be honored. He said
that this segment must be evaluated as any other walk-
way in the City of the same priority.
Councilman Fignar stated that he agreed with the moti:Ar!
and felt there was a need for more background. He
stated that he did not have the expertise on the issue
and needed additional information.
Councilman Britts stated that he did not feel bound by
previous Council determinations on the walkway con-
cept and stated he needed more data to make a sound
judgment on this matter.
Vote on Motion to The Mayor then called for a vote. Voting in favor were:
Delete Portion of Mayor Cohen,- Councilmen Britts, Fignar and Kuefler.
Walkway Construction Voting against: Councilman Leary. Motion passed.
Draft Resolution, The City Manager next introduced a draft resolution
Re: Planning Application offered in response to City Council directions. of uly 9,
No. 73014 1973. He stated that the resolution would deny Planninng
Commission Application No. 73014 xubmitted by Moe.:.
& Associates. Mayor Cohen requ sted that the clerk
read the resolution and a brief discussion ensued:
RESOLUTION Member Bill Fignar introduced the following resolution
NO. 73 -118 and moved its adoption:
RESOLUTION DEMING PLANNING COMMISSION
APPLICATION NO. 73014
-3- 7 -23 -73
The motion for the adoption cf the foregoing resolution
was duly seconded by member John Leary, and upon vote
being taken thereon, the following voted in favor there-
of: Philip Cohen, John Leary, Maurice Britts, Bill
Fignar, and Tony Kuefler; and the following voted agains
the same: none, whereupon said resolution was declarec
duly passed and adopted.
Mayor's Comments Regarding the matter of Mork & Associates, the Mayor
Relative to Mork & stated that the applicants had continued their apparent
Associates vendetta against the City and its established planning
procedures. He stated that the City Manager and he
had met with officials from the Department of Housing
and Urban Development, St. Paul office, to discuss the
applicants' allegations.
Proposed Censure of Mayor Cohen then asked that the Council consider
Mork and Associates censuring the developer for his arrogant, uncooperative
attitude and his deplorable tactics. The Mayor then
suggested the following proposed censure action:
That the Brooklyn Center City Council censure
Mork & Associates and specifically the principals.
G. Thomas Mork and Dempsey Mork for:
1. Falsely assuring the Department of
Housing and Urban Development that
the proposal ,net building codes and
ordinances.
2. Persistently refusing during City st 4f
review to corlply with minimum code
and ordinance provisions.
3. Practicing iniimidation, public name
tailing, and blatant distortions to
advance and disguise the deficiencies
of their proposal.
4. Contriving charges of discrimination
against the City of Brooklyn Center and
its officials.
S. Attempting to foist substandard housing
on the disadvantaged at a personal
profit to the extent of the value of the
code deficiencies.
6. Practicing deception and hypocrisy by
asserting to citizens at public hearings
that the project was intended for
Prooklyn Center and its low income
residents while simultaneously assert-
ing to the media, Metro Council and
HUD that the project is intended for
nonresident minorities.
7. Developing a code- deficient project
without any prior local staff or City
Council input, nor any input from the
citizens of the affected area -- this
being publicly advocated by both the
Metro Council and the federal govern-
ment.
-4- 7 -23 -73
Action Adopting Censure Motion by Councilman Leary, seconded by Councilman
of Mork & Associates Kuefler to adopt the foregoing censure of Mork &
Associates and specifically the principals, G. Thomas
Mork and Dempsey Mork.
A discussion ensued concerning the language of the
censure motion. In response to a question by Council-
man Britts the City Attorney stated that the conclusions
reflected in the motion were based upon the Council's
Judgment as to whether documents or other evidence
supported the contentions against the developer. The
City Manager observed that the applicant recently had
stated to the press that an extension and expansion of
federal financing had been granted on the basis of the
charges of discrimination against the City. He stated
that as of the preceding Friday, the officials from HUD
asserted the applicant had not in fact received such a
extension and expansion.
Councilman Kuefler stated he agreed entirely with the
motion and noted that he did not appreciate receiving
threatening letters from the applicants' attorney prior
to City Council consideration of the application.
Mayor Cohen then called for a vote. Voting in favor
were: Mayor Cohen, Councilmen Leary, Britts, Fignar
and Kuefler. Voting against: none. Motion passed
unanimously.
Planning Commission The next item of business was consideration of Planning
Application No. 73022 Commission Application No. 73022 submitted by Jamea:
O'Brien. The item was introduced by the Director of
Planning and inspection who reviewed the minutas of
the Planning Commission meeting of July 19, 1973.
He stated that the plans comprehend a 168 -unit apart-
ment complex on the approximate 13 acre site. He notee
that this was the same site of the Columbus Village
Phase iI complex approved approximately two years
ago.
Mayor Cohen then recognized the applicant and a brief
discussion ensued. The Director of Planning and
Inspection noted the concern of the Planning Commis-
sion as to the amount of landscaping proposed for the
site. He stated that the landscaping was notably less
than that which was approved for the Columbus Village
Phase II project, but that the Commission had deemed
a revision in the berming and location of trees as
acceptable.
He then pointed out the revisions which had been made.
by the applicant, and the Director of Public Works
stated that some of the berming along 70th Avenue and
along Camden Avenue was not as high as that propo�ad
by the Planning Commission. The developer stated TA, t
he would comply with any revisions required by the
City with respect to the berming.
Action Approving Following further discussion there was a motion by
Planning Commission Councilman Fignar, seconded by Councilman Kuefler to
Application No. 73022 approve Planning Commission Application No. 73022
(James O'Brien) submitted by James O'Brien subject to the following
conditions:
_5_ 7 -23 -73
Motion to Declare Motion by Councilman Fignar, seconded by Councilman
Moratorium on Multi- Britts to declare a 120 -day moratorium on all multi -
Residential Development residential development not yet approved by the City
Council, during which a study will be made regarding
the following factors for R3 through R7 districts:
1. Recreation area.
2. Light, air and view.
3. Open green space.
4. Parking and storage facilities.
In further discussion the Mayor stated that the Chair-
man of the Planning Commission had indicated he would
be amenable to undertaking such a study and that all
pertinent citizen groups should be involved to provide
a broad input.
Moratorium Established Following further discussion the Mayor called for a
vote. Voting in favor were: Mayor Cohen, Councilmen
Leary, Britts Fignar and Kuefler. Voting against: noric
Motion passed unanimously.
Acknowledging Petition The City Manager noted that a petition had been
Regarding Apartment received from property owners in the vicinity of 67th
Construction and Emerson Avenues North, asking that further apart-
ment construction in that area be terminated. He stated
that a response to the petition was not in order except
to acknowledge receipt.
Motion by Councilman Britts, seconded by Councilmaj,
Fignar to acknowledge receipt of a petition received
from property owners in the vicinity of 67th and
Emerson Avenues North. Voting in favor were: Mayor'
Cohen, Councilmen Leary, Britts, Fignar and Kuefler.
Voting against: none. Motion passed unanimously.
RESOLUTION Member John Leary introduced the following resolution
NO. 73 -119 and moved its adoption:
RESOLUTION AUTHORIZING THE ISSUANCE OF
TEMPORARY IMPROVEMENT NOTES
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,
Bill Fignar, and Tony Kuefler; 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 -120 and moved its adoption:
RESOLUTION PROVIDING FOR A PUBLIC HEARING TC
DETERMINE THE NEED FOR A HOUSING AND REDEVELOP
MENT AUTHORITY TO FUNCTION IN THE CITY OF
BROOKLYN CENTER
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, Bill
Fignar and Tory Kuefler, and the following voted agains
the same: none, whereupon said resolution was declare
duly passed and adopted.
-7- 7 -23 -73
1. Building plans are subject to review by the
Building Inspector with respect to applicable
building codes prior to the issuance of a
permit.
2. Grading, drainage, utility and berming plans
are subject to review by the City Engineer
prior to the issuance of permits.
3. A performance agreement and financial
guarantee (in an amount to be determined
by the City Manager) shall be submitted
to the City to assure installation of site
improvements as designated on approved
plans.
Voting in favor were: Mayor Cohen, Councilmen Leary,,
Britts, Fignar and Kuefler. Voting against: none.
Motion passed unanimously.
Plashing Commission The next item of business was consideration of a pro-
Application No. 72025 posed amendment to Planning Commission Application
No. 72025 by Nino's Restaurant in conjunction with
B . C .I . P . The Director of Planning and Inspection
reviewed the minutes of the July 19, 1973 Planning
Commission meeting. He stated that the proposal was
for certain modifications of that portion of the exterior
of the Earle Brown Farm Office Building at the entrance
to the Nino's Restaurant. He stated the applicant
desired to make the entrance more identifiable with the
attachment of staggered cedar boards and a possible
treatment of the canopy with wcbd shakes.
Mayor Cohen recognized Mr. Lewicki and Mr. Miller
representing Nino's and a brief discussion ensued.
Action Approving Motion by Councilman Fignar, seconded by Councilman
Amendment to Planning Britts to approve the amendment of the building plan
Commission Application contained in Planning Commission Application No. 720;
No. 72025 as submitted by Nino's Restaurant in conjunction with
( Nino's - B . C . I. P .) B. C. I. P. Voting in favor were: Mayor Cohen, Council
men Leary, Britts, Fignar and Kuefler. Voting against.
none. Motion passed unanimously.
Recess The meeting recessed from 9 :15 p.m. to 9 :50 P.M.
Mayor Cohen stated that there had been notable concern
in recent weeks by citizens throughout the community
as to the degree of apartment construction in the City.
He stated that he felt the matter merited discussion by
the Council, particularly in light of the negative ex-
perience with site and building plans submitted by Mork
& Associates. He asked the Director of Planning and
Inspection to explain and demonstrate the amount of
land remaining in the City which was zoned for but n
developed with multi - residential housing. Extensive
discussion ensued.
Councilman Fignar then stated that he had discussed
the matter with a number of people and felt there was
definitely a need for an intensive review of ordinance
provisions relating to multi - residential development.
-6- 7 -23 -73
RESOLUTION Member Tony Kuefler introduced the following resolution
NO. 73 -121 and moved its adoption:
RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY)
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, Bill
Fignar, and Tony Kuefler; and the following voted agains
the same: none, whereupon said resolution was declare
duly passed and adopted.
RESOLUTION Member Tony Kuefler introduced the following resolution
NO. 73 -122 and moved its adoption:
RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY)
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 Lea Maurice Britts,
,
Bill Fignar, and Tony Kuefler; 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
NO. 73 -123 and moved its adoption:
RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY)
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,
Bill Fignar, and Tony Kuefler; 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 -124 tion and moved its adoption:
RESOLUTION ACCEPTING WORK (CONTRACTED BY CTS t)
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,
Bill Fignar, and Tony Kuefler; 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 -25 and moved its adoption:
RESOLUTION ACCEPTING WORK (CONTRACTED by QTY
The motion for the adoption of tha 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,
Bill Fignar, and Tony Kuefler, and the following votes'
against the same: none, whereupon said resolution
was declared duly passed and adopted.
-8- 7 -23 -73
RESOLUTION Member Maurice Britts introduced the following resolu-
NO. 73 -126 tion and moved its adoption:
RESOLUTION ACCEPTING Vti'ORK (CONTRACTED BY CITY)
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,
Bill Fignar, and Tony Kuefler; 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 -127 tion and moved its adoption:
RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY)
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,
Bill Fignar, and Tony Kuefler; 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 -128 and moved its adoption:
RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY)
The motion for the adoption of the foregoing resolution
was duly seconded by member Bill Fignar, and upon
vote being taken thereon. the folIcrnrfrng vvte(i in favor
thereof: Philip Cohen, John Le-ary, Maurice Britts,
Tony Kuefler and the following voted
Bill Fignar, and To g
B ,
Q Y
against the same: none, whereupon said resolution
was declared duly passed and adopted.
RESOLUTION Member Maurice Britts introduced the following resolu--
NO. 73 -129 tion and moved its adoption:
RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY)
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,
Bill Fignar, and Tony Kuefler; 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 -130 and moved its adoption:
RESOLUTION EXPRESSING RECOGNITION OF AND
APPRECIATION FOR THE DEDICATED PUBLIC SERVICL
OF THE BROOKLYN CENTER LIONS CLUB
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,
Bill Fignar, and Tony Kuefler; and the following voted
against the same: none, whereupon said resolution
was declared duly passed and adopted.
-9- 7 -23 -73
RESOLUTION Member Bill Fignar introduced the following resolution
NO. 73 -131 and moved its adoption:
RESOLUTION EXPRESSING RECOGNITION OF AND
APPRECIATION FOR THE DEDICP..TED PUBLIC SERVICE
OF THE BROOKLYN CENTER CHAMBER OF COMMERCE
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 ,
Bill Fignar, and Tony Kuefler; 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 -132 tion and moved its adoption:
RESOLUTION EXPRESSING RECOGNITION OF AND
APPRECIATION FOR THE DEDICATED PUBLIC SERVICE
OF MR. CARL GROSS
The motion for the adoption of the foregoing resolution
was duly seconded by meraber Bill Fignar, and upon
vote being taken thereon, the following voted in favor
thereof: Philip Cohen, Jo ;n Leary, Maurice Eritts,
Bill Fignar, and Tony Kuefler; and the following voted
against the same: none, whereupon said resolution
was declared duly passed and adopted.
Member Bill Fignar introduced the following resolution
and moved its adoption, including the designation of
Councilman Leary as a representative of the City as its
member on the Board of the Metro Rate Authority.
RESOLUTI0�3 RESOLUTION AUTHORIZING PARTICIPATION IN THE
NO. 73 -133 METRO RATE AUTHORITY; DIRECTING THE EXECUTION
AND DELIVERY OF A JOINT POWERS AGREEMENT; AND
DESIGNATING A REPRESENTATIVE OF THE CITY AS ITS
MEMBER ON THE BOARD OF THE METRO RATE AUTHORITY
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 ,
Bill Fignar, and Tony Kuefler; 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 -134 and moved its adoption:
RESOLUTION REQUESTING FORGIVENESS OF PENALTIES
AND INTEREST ON DELIQUENT TAXES
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 ,
Bill Fignar, and Tony Kuefler; and the following voted
against the same: none, whereupon said resolution
was declared duly passed and adopted.
-10- 7 -23 -73
Draft Ordinance The City Manager introduced a draft ordinance offered
Relative to Age of in response to previous Council direction to amend
Majority and Certain those relevant City ordinances affected by the recently
Ordinances legislated changes in the age of majority. He stated
that three City ordinances affected by the age of
majority law consist of the liquor ordinances, the gun
regulation ordinance, and the ta.Xl cab licensing
ordinance.
First Reading Motion by Councilman Kuefler, seconded by Council-
man Britts to offer for first reading an ordinance
amending Chapters 11, 19, and 21 of the City Ordinances
Voting in favor were: Mayor Cohen, Councilmen Lean y,
Britts, Fignar, and Kuefler. Voting against: none.
Motion passed unanimously.
Draft Ordinance The City Manager recommended a draft ordinance
Relative to Number intended for the purpose cf implementing the recently
of On -Sale Liquor legislated special law authorizing additional on -sale
Licenses to be Issued liquor licenses for the City. He stated the Council oo
July 9, 1973 ratified and approved the special law.
First Reading Motion by Councilman Britts, seconded by Councilman
Fignar to offer for first reading an ordinance amending
Chapter 11 of the City ordinances. Voting in favor web
Mayor Cohen, Councilmen Leary, Britts, Fignar, and
Kuefler. Voting against: none. Motion passed unary -
mou s ly .
Recognize Mr. Caal The Mayor then recognized Mr. Carl Gross who stated
Gross that he wished to publicly thank on behalf of the
Chamber of Commerce and the Liens Club, the City
officials for their cooperation in the planning and
execution of the July 4 fireworks celebration.
Approval of Licenses Motion by Councilman Britts, seconded by CouncJ1ma7:-.
Kuefler to approve the following licenses:
CIGARETTE LICENSE
Donald Campagne
Beacon Bowl 6525 Lyndale Ave.
GARBAGE AND REFUSE COLLECTION VEHICLE LICENS
Bautch Disposal Service 2931 Marshall Street
Dick's Lawn and Sanitary
Service 4412 - 65th Ave.
Elvine Rubbish Service 5916 Garwood Road
Modern Services, Inc. Box 4445
ITINERANT FOOD ESTABLISHMENT LICENSE
Brooklyn Center
Centaurettes 6500 Humboldt Ave.
St. Alphonsus Fun Fair 7025 Halifax Ave.
MECHANICAL SYSTEMS .LICENSE
Englund Heating Route 1
ON -SALE MALT LIQUOR LICENSE
Donald Campagne
Beacon Bowl 6525 Lyndale Ave.
Voting in favor were: Mayor Cohen, Councilmen Leary
Britts, Fignar, and Kuefler. Voting against: none.
Motion passed unanir .ously.
-11- 7 -23 -73
Discussion of City An extensive discussion ensued regarding Brooklyn
Participation in Various Center's participation in various municipal Leagues
Municipal Leagues and in certain organizations which are emerging for
the purpose of representing suburban legislative
interests. The City Manager stated that the City
currently held membership in the League of Minnesota
Municipalities, the Hennepin County League of
Municipalities, and the Metropolitan League of
Municipalities. He stated that the increased annual
dues for each organization was currently pending and
he recommended that the Council specifically authorize
payment of dues to the State League of Municipalities
and the Metropolitan League of Municipalities.
In further discussion Mayor Cohen commented as to the
City's stake relative to membership in each of the
organizations and he reviewed the advantages and
status of the State League, as well as the Metropolitan
League.
Councilman Fignar offered his observations as to the
n
status of the Hennepin County League and stated he
felt there was a definite need for realignment. He
commented that its effectiveness and appreciation of
any benefits by the City for its alleged services was
questionable.
Councilman Britts stated that he generally agreed with
Councilman Fignar and with the recommendation that
dues for the State and Metropolitan Leagues be
specifically authorized, noting that the inaction as to
authorizing payment of dues to the Hennepin County
League would be indicative of the Council's feelings.
He stated also that it should afford an opportunity for
the Council to review developments with respect to the
County League so that future formal action could be
considered.
Councilman Kuefler stated there was definitely a re-
structuring needed by the County League and noted that
any benefits derived from the membership in the
County League was possibly a duplication of those
received from the Metropolitan League of Municipalitia-
Act.lon Authorizing Following further discussion there was a motion by
Payment of Annual Councilman Kuefler, seconded by Councilman Fignar to
Membership Lees for authorize payment of annual dues for the City's
State and Metropolitan membership in the League of Minnesota Municipalities
Leagues (-. Municipalities and tl Metropolitan League of Municipalities, and to
order a for the appropriate transfer of funds.
Voting in favor were: Mayor Cohen, Councilmen Leary,
Britts, Fignar, and Kuefler. Voting against: none.
Motion passed unanimously.
Mayor Cohen stated that a final decision as to con-
tinuing membership in the Hennepin County League of
Municipalities would be held in abeyance.
i)isvussion of P:opc-scll The City Manager next explained that a request had
to Participate in Court been received from Village of Burnsville as to possible
Action with Village of participation by Brooklyn Center in sharing court costs
Burnsville of a pending appellate action relative to the fiscal
disparities law.
Action to 'fable Following an extensive discussion there was a motion
Consideration by Councilman Fignar, seconded by Councilman Britts,
to table the issue of proposed participation in fiscal
-12- 7 -23 -73
disparities court costs, to parmit the staff time to
develop more information relative to what the import
of the case would be to Brooklyn Center, various legal
aspects of the court action, and whether the Village
of Burnsville participated in the Brooklyn Center -
initiated court action against the State Tax Commis-
sioner. Voting in favor were: Mayor Cohen, Council-
men Leary, Britts, Fignar and Kuefler. 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 Leary, Britts, Fignar, and
Kuefler. Voting against: none. Motion passed unani-
mously. The City Council meeting adjourned at
11:45 p. m.
Clei.k Mayor
-13- 7 -23 -73