Loading...
HomeMy WebLinkAbout1973 10-15 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 OCTOBER 15, 1973 CITY HALL Call to Order The City Council met in regular session and was called to order at 7:34 p.m. by Mayor Philip Cohen, Roll Call Mayor Cohen, Councilmen Kuefler, Fignar, and Leary. Also present were City Manager Donald Poss, Director of Finance Paul Holmlund, Director of Public Works James Merila, Director of Planning and Inspection Blair Tremere, Chief of Police Thomas O'Hehir, City Attorney Richard Schieffer, Assistant City Engineer Gerald Butcher, and Administrative Assistants Daniel Hartman and James Lacina, Invocation The invocation was offered by Reverend Matson of the Berean Evangelical Free Church. Approval of Minutes Motion by Councilman Leary and seconded by Council- 9-17 -73 man Kuefler to approve the minutes of the September 17, 1973 meeting as submitted. Voting in favor were Mayor Cohen, Councilmen Leary, Fignar and Kuefler. Voting against: none. The motion passed. Approval of Minutes Motion by Councilman Fignar and seconded by Council - 10 -1 -73 man Kuefler to approve the minutes of the October 1 , 1973 meeting as submitted. Voting in favor were Mayor Cohen, Councilmen Kuefler and Fignar. Voting against: none. Not voting: John Leary, who explained he was not present at the October 1 meeting. The motion passed. Mayoral Appointments Mayor Cohen announced his appointments to the Brooklyn to Housing Advisory Center Housing Commission and set forth the method used Commission in selection of the appointees. A brief discussion ensued and the Mayor noted that all the appointments were being offered for confirmation. Mrs. Dolores Hastings Motion by Councilman Kuefler and seconded by Council- man Leary to confirm the Mayor's appointment of Mrs. Dolores Hastings, 5813 Aldrich Avenue North, to a two year term on the Housing Commission representing the southeast neighborhood. Voting in favor were Mayor Cohen, Councilmen Leary, Kuefler and Fignar. Voting against: none. The motion passed. Mr. Ray Haroldson Motion by Councilman Leary and seconded by Council- man Fignar to confirm the Mayor's appointment of Mr. Ray Haroldson, 1207 - 72nd Avenue North, to a three year term on the Housing Commission' representing the northeast neighborhood. Voting in favor were Mayor Cohen, Councilmen Leary, Kuefler and Fignar. Voting against: none. The motion passed. - 1 - 10 -15 -73 Mr. Dale Magnuson Motion by Councilman Kuefler and seconded by Council - man Fignar to confirm the Mayor's appointment of Mr. Dale Magnuson, 4830 - 71st Avenue North, to a one year term on the Housing Commission representing the northwest neighborhood. Voting in favor were M Zing or Cohen, Councilmen Leary, Fignar and Kuefler. against: none. The motion passed. Mr. Lowell Ward Motion by Councilman Fignar and seconded b y Council - man Leary to confirm the Mayor's appointment Y PP ment of Mr. Lowell Ward 2 919 - 63rd Avenue North, to a three year term on the Housing Commission representing the central neighborhood. Voting in favor were Mayor Cohen, Councilmen Leary, Fignar and Kuefler. Voting against: none. The motion passed. Mrs. Patricia Weitzel Motion by Councilman Leary and seconded by Council- man Kuefler to confirm the Mayor's appointment of Mrs. Patricia Weitzel, 4418 - 66th Avenue North, to a two year term on the Housing Commission represent- ing the west central neighborhood. Voting in favor were Mayor Cohen, Councilmen Leary, Fignar and Kuefler. Voting against: none. The motion passed. Mr. James Kohrt Motion by Councilman Fignar and seconded by Council- man Leary to confirm the Mayor's appointment of Mr. James Kohrt, 3806 Eckberg Drive, to a two year term on the Housing Commission representing the southwest neighborhood. Voting in favor were Mayor Cohen, Councilmen Leary, Fignar and Kuefler. Voting against: none. The motion passed. Mrs. Shirley Nelson Motion by Councilman Kuefler and seconded by Council- man Fignar to confirm the Mayor's appointment of Mrs. Shirley Nelson, 6606 Ewing Avenue North, to a one year term on the Housing Commission as an at large commissioner. Voting in favor were Mayor Cohen, Councilmen Leary, Fignar and Kuefler. Voting against: none. The motion passed. Mr. Leo Beikler Motion by Councilman Fignar and seconded by Council- man Leary to confirm the Mayor's appointment of Mr. Leo Beikler, 6435 Bryant Avenue North, to a one year term on the Housing Commission as an at large com- missioner. Voting in favor were Mayor Cohen, Councilmen Leary, Fignar and Kuefler. Voting against: none. The motion passed. Councilman Fignar left the table at 7 :45 p.m. Final Plat Approval The City Manager then presented the final plat for the for Shores Townhouses Shores Townhouses. He stated that the City Council had approved the preliminary plat on October 1, 1973. Motion by Councilman Kuefler and seconded by Council - man Leary to approve the final plat for the Shores Townhouses subject to the following conditions: -2- 10 -15 -73 1 . The ownership, management and mainte- nance. of all outside common areas and common facilities including roadways, utilities, and street lighting shall be under the jurisdiction of one Home- owners Association. 2. The Homeowners Association agreement and bylaws shall include: a. Provision for the City to provide maintenance and revitalization of roadways, utilities, and other common use facilities in the event the City Council deems such maintenance and revitaliza- tion necessary, with the cost of such expenses that might be incurred to be assessed to the property owners, and b. Provision for water and sewer main and fire hydrant mainte- nance and inspection agree- . ments ursuant to p Section 35 -410 (5) of the City ordinances. Voting in favor were Mayor Cohen, Councilmen Leary and Kuefler. Voting against: none. The motion passed, RESOLUTION Member john Leary introduced the following resolution NO. 73 -166 and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF LIBRARY DEED 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 and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Councilman Fignar returned to the table at 7 :53 p.m. RESOLUTION Member Tony Kuefler introduced the following resolu- NO. 73 -167 tion and moved its adoption: RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF UNCOLLECTIBLE CHECKS 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, Bill Fignar, and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -3- 10 -15 -73 RESOLUTION Member John Leary introduced the following resolution NO. 73 -168 and moved its adoption: RESOLUTION AUTHORIZING THE ISSUANCE OF TEM- PORARY 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, 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 resolu- NO. 73 -169 tion and moved its adoption: RESOLUTION ESTABLISHING POLICY GUIDELINES FOR GROUP DAY CARE FACILITIES IN APARTMENT BUILD- INGS AND MULTI - RESIDENTIAL. COMPLEXES 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, Bill Fignar, and Tony Kuefler; 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 resolu - NO. 73 -170 tion and moved its adoption: RESOLUTION AMENDING THE 1973 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolu- tion was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, 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 resolu - NO. 73 -171 tion and moved its adoption: RESOLUTION AMENDING THE 1973 GENERAL FUND BUDGET P The motion for the adoption of the foregoing resolu- tion was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Bill Fignar, and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -4- 10 -15 -73 Public Improvement w -1 ­ explainedi. uqat pul,tic hearings for Hearings see Projects iad been scheduled for this meeti j a . -, :'c L that the bids received on the projects 1 were consi higher than what were anticipated and that it ;, t', staff's recommendation to reject the bids and re'k)ld all but one of the projects next spring. Public Hearing I i The of Public Works then reviewed water main (Project No. 1973-31) project No. 1973-31 providing for water main 69th Avenue North from approximately 135 fee U: _), A 14venue North to Lyndale Avenue North. He i r- property owners were having trouble w L i and water would be provided this fall for tho vith the total project completed next spring. The ;" ounced that the meeting was open for con- sidlc3t • ;) reject No. 1973-31. The c", iUccd an affidavit of publication for notice of pubs 4 ' , ,. on the proposed improvement showing the pubs of in the official newspaper, the last on October 11 , 1973, which affidavit was exam. - Mal satisfactory and cordered placed on file. Ma - Y called upon Property owners present to pre: �­_s either for or aga the proposed RESOLUTION Me ? .��y introduced the f ollowing resolution and NO. 73-172 mov� - R (D '_.) 1DERINC CONSTRUCTION OF WATER MAIN IM1'PR'D "T'OfECT NO. 1973-31 The motion for the adoption of the foregoing resolution was duly second ;.l by member Tony Kuefler, and upon vote being following voted in favor thereof: Philip Bill Fig nar, and Tony Kuefler; and the foll: % -ainst the same: none, whereupon said ;Jared c uly passes -4. and adopted. Public Hearing The 'hdic Works presented street restoration (Project No. 1973-32) _t 1NIG. 1973-3 providing for street venue North from approximately 135 f eet Avenue North to Lyndale Avenue North. The L)­;­-1�_­ ented that 69th Avenue North was a Cour f and that upgrading was planned for some tim - 'evolld the Colt.: five year highway plai The - _ - ounced that the meeting was open for con- sideratic-a of .. No. 1973-32. The cle -, - - , n_r uced an affidavit of publication for notice l " Of Pu: 'i­ '- in -, on the proposed improvement, which affiday.L� was 'mxamined and found satisfactory and ordered place"" li� . The upon property owners present to present a r g u t , er for or against the proposed improvement. RESOLUTION Memi)cr F ',gnar introduced the following resolution NO. 73-173 and 'L adoption: RESOL 1 C)'-% � CONSTRUCTION OF STREET RESTORA'T'ION TM PROVEMENT PROJECT NO. 1973-32 -5- 10 -15 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, Bill Fignar, and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Public Hearing The Director of Public Works then reviewed sanitary sewer (Project No. 197333) improvement project No. 1973 -33 providing for sanitary sewer construction on 69th Avenue North from approximately 160 feet east of Logan Avenue North to approximately 600 feet east of Logan Avenue North. It was explained that the project is intended to serve homes on the north side of 69th Avenue. Further, it was explained that a major increase in the SAC rate after January 1 , 1974, constitutes a compelling reason to install the sewer, if possible, during 1973. The Director explained the intention to rebid Project No. 1973 -33 immediately and install the sewer in November providing that the weather permits. Mayor Cohen announced that the meeting was open for consideration of project No. 1973 -33. The clerk produced an affidavit of publication for notice of public hearing on the proposed improvement, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon property owners present to present arguments either for or against the proposed improvement. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 73-174 and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF SANITARY SEWER IMPROVEMENT PROJECT NO. 1973 -33 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, Bill Fignar, and Tony Kuefler; and the following voted against the same: none, where- upon said resolution was declared duly passed and adopted. Public Hearing The Director of Public Works presented water main (Project No. 197336) improvement project No. 1973 -36 providing water main on Vincent Avenue North from North Lilac Drive to 53rd Avenue North and 53rd Avenue North from Vincent Avenue North to North Lilac Drive. The Mayor announced that the meeting was open for con- sideration of project No. 1973 -36. The clerk produced an affidavit of publication for notice of public hearing on the proposed improvement, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor called upon the property owners present to present arguments either for or against the proposed improvement. -6- 10 -15 -73 RESOLUTION Member Bill Fignar introduced the following resolution and NO. 73 -175 moved its adoptions RESOLUTION ORDERING CONSTRUCTION OF WATER MAIN IMPROVEMENT PROJECT NO. 1973 -36 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, Bill Fignar, and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and Y p adopted. Public Hearing The Director of Public Works then reviewed street surfacing (Project No. 1973 -37) improvement project No. 1973 -37 providing for street surfacing on Vincent Avenue North from North Lilac Drive to 53rd Avenue North and 53rd Avenue North from Vincent Avenue North to North Lilac Drive. Mayor Cohen announced that the meeting was open for con - sideration of project Non 1973 -37. The clerk produced an affidavit of publication for notice of public hearing on the proposed improvement, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon property owners present to present arguments either for or against the proposed improve ment . RESOLUTION Member John Leary introduced the following resolution and NO. 73 -176 moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF STREET SURFACING IMPROVEMENT PROJECT NO. 1973 -37 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, Bill Fignar, and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Recess The Council recessed at 9:15 p.m, and resumed at 9:35 p.m. Planning Commission The next item of business was consideration of Planning Application No. 73029 Commission Application No. 73029 submitted by Mr. Norman (Homedale Builders) Chazin for Homedale Builders. The item was introduced by the Director of Planning and Inspection who explained that the applicant was seeking rezoning from R5 to C2 of the four acre site located in the southwest quadrant of the intersection of FAI -94 and State Highway No. 152. He stated the proposed C2 use was a motel and a restaurant. Mayor Cohen left the table at 9 :40 p.m. and returned at 9 :45 p. m. Councilman Britts arrived at 9 :48 p.m. Mr. Tremere commented that the Comprehensive Plan called for planned development of the area along Brooklyn Boulevard southerly of FAI -94 and northerly of 65th Avenue North. -7- 10 -15 -73 Planning Commission Mayor Cohen thfni recognized Mr. Norman Chazin who Application No. 73029 explained his application and the reasons why he felt Cont'd. rezoning was warranted. Mr. Chazin stated that the most logical use of the site was for a motel and a restaurant as a matter of good planning given its proximity to the freeway. He also commented that a C2 zoning of the site for a motel and a restaurant would be more economically feasible than the development of an apartment complex. Mr. Chazin ccrnrrented that he could not comprehend a great amount of conflict between the proposed C2 use and the surrounding residential area. He stated that any conflict would be minimal in terms of the intensity with a motel and a restaurant use vs. a multi - residential complex. He also noted that substantial buffering would be provided between the motel and the surrounding residential properties to make the use as com- atible as possible with the area. He com- mented that the C2 requirements as far as buffering were much more stringent than were the R5 requirements. Mr. Chazin then addressed himself to the traffic situation on State Highway No. 152. He stated that he had presented the preliminary site plan for the motel and restaurant to the State Highway Department and had received approval on the concept for access. Mr. Chazin presented renderings of the proposed motel and restaurant development and produced examples of the materials that will be used in finishing the development and buffering the site from the residential areas. Mayor Cohen explained that a public hearing for the rezoning had been scheduled and that neighboring property owners within 250 feet of the subject site had been notified of the meeting. The Mayor opened the meeting to those property owners present to present arguments either for or against the proposed rezoning. He recognized the residents of 6525 Indiana Av ^nue North and 6540 Indiana Avenue North who spoke against the proposed rezoning. He also recog- nized the resident of 3800 - 66th Avenue North who spoke for the proposed development. The Mayor then recognized Mr. William Steffen of Brook Park Realty representing the owner of the subject parcel. Mr. Steffen presented the Council a document he had pre- pared supporting the proposed rezoning. Mayor Cohen st: Lll-ld that the question before the Council is one of rezoning and not one of site and building plan approval. He stated that the Comprehensive Plan outlines the strictly residential nature of the area and the need to protect the neighborhood integrity. The City Attorney was then called upon to offer his opinion on the possibility of conditional zoning for the area. Mr. Schieffer essentially stated that restrictions on zoning are not legally binding on a developer. A lengthy discussion ensued. The City Manager recommended tabling the application to allow further input by the property owners in the area. He stated that quite a few of the property owners had attended the Planning Commission hearing but only a few were in attendance tonight. -8- 10 -15 -73 I Planning Commission Mayor Cohen reitereated his contention that the rezoning Application No, 73029 application was in conflict with the Comprehensive Plan. Cont Id. He stated that the question before the Council was one of land use as it relates to the property, the neighborhood, and the community. Action to Table Motion by Councilman Kuefler and seconded by Councilman Planning Commission Fignar to table Planning Commission Application No. 73029 Application No, 73029 until the November 19, 1973 meeting to allow the Council an opportunity to secure input from neighboring property owners. Voting in favor were Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none. The motion passed unanimously, Planning Commission The next item of business was consideration of Planning Applications No. 73032 Commission Application Nos. 73032 and 73033 submitted by and No. 73033 Fred S. Yesnes, Inc. The item was introduced by the (Fred S. Yesnes, Inc.) Director of Planning and Inspection who explained the applicant was seeking variance from Section 35 -400 to permit construction on two adjacent substandard lots located at 5305 and 5311 Irving Avenue North. Mr. Tremere explained that both lots have an area of 50 feet by 119 feet or 5, 950 square feet. He stated that ordinance requires a minimum width of 75 feet and a minimum area of 9500 square feet per single family residential lots. He stated that the applicant was proposing to build a single family dwelling on each lot and that there was a 30 foot wide alley at the rear of the parcels. The Director of Planning and Inspection further noted that there was a dilapidated structure on one parcel which the Building Department had ordered to be abated. He stated that the structure should be demolished and removed prior to any construction. Mayor Cohen then recognized Mr. Irving Yesnes and a brief discussion ensued. Mr. Tremere commented that there was a substantial precedence for this type of variance request in the southeast portion of the community and that a variance had been granted for a similar parcel northerly of the subject land earlier this year, Councilman Fignar left the table at 11 :20 p.m. and returned at 11:24 p.m. Mayor Cohen opened the meeting to those property owners present to present arguments either for or against the pro- posed applications. Motion by Councilman Britts and seconded by Councilman Kuefler to approve Planning Commission Application No. 73032 submitted by Fred S. Yesnes, Inc. noting that approval of the variance request would only be for per- mission to , build on the substandard lot and would not imply any other variances from applicable ordinance pro- visions. Voting in favor were Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none. The motion passed unanimously. Motion by Councilman Leary and seconded by Councilman Britts to approve Planning Commission Application No. 73033 submitted by Fred S. Yesnes, Inc. noting that ap- proval of the application would only be for permission to build on the substandard lot and would not imply any other variances from applicable ordinance provisions. Voting in -9- 10 -15 -73 favor were Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none. The motion passed unanimously. Planning Commission The next Planning Commission item considered was Application No. 73034 Planning Commission Application No. 73034 submitted by (Sue Dunkley) Sue Dunkley. The item was introduced by the Director of Planning and Inspection who stated that the applicant was seeking permission to operate a nursery school on the premises of the Faith Community Church located at 6630 Colfax Avenue North. He stated that the applicant had indicated that the school would be for a maximum of 10 children for 2 -1/2 hours per day, two days per week. He also noted that the applicant was licensed by the State for such an operation and had submitted a copy of said license for the file. Mr. Tremere then commented that the premises had been inspected by Building and Fire Inspectors who noted cer- tain deficiencies relative to fire extinguishers and exit lights. He stated that the applicant has secured the proper permits to correct the deficiencies. He also stated that before the special use was issued a final inspection would be conducted, Mayor Cohen called upon the property owners notified to present arguments either for or against the application. Motion by Councilman Fignar and seconded by Councilman Britts to approve Planning Commission Application No. 73034 submitted by Sue Dunkley subject to the following conditions: 1. The premises must meet all applicable state and local regulations as to fire safety, health and building code standards, and that such compliance will be documented by the appro- priate inspection agencies and submitted to the file prior to the issuance of the special use permit. 2. The special use permit shall be for a twelve month period commencing on the date of issue and the operation shall be in accordance with the provisions of the applicant's operating license. Voting in favor were Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none. The motion passed unanimously. RESOLUTION Member Bill Fignar introduced the following resolution NO. 73 -177 and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF TRUNK WATER MAIN IMPROVEMENT PROJECT NO. 1973 -34 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 duly passed and adopted. -10- 10 -15 -73 RESOLUTION Member John Leary introduced the following resolution NO. 73 -178 and moved its adoption: RESOLUTION REJECTING BIDS FOR BROOKLYN CENTER WATER MAIN & SANITARY SEWER CONTRACT NO. 1973 -G 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 -179 and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1973 -H) 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. ORDINANCE Member Bill Fignar introduced the following ordinance NO. 73 -17 and moved its adoption: AN ORDINANCE FIXING COUNCIL SALARIES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Effective January 1 , 1974 and there- after until legally amended the monthly salary for Councilman shall be $260 and the monthly salary for Mayor shall be $405 Section 2: This ordinance shall be effective after adoption and thirty days following its legal pub - lication. Adopted this 15th day of October, 1 973, The motion for the adoption of the foregoing ordinance 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 ordinance was declared duly passed and adopted. ORDINANCE Motion by Councilman Britts and seconded by Councilman First Reading Fignar to offer for first reading an ordinance amending Chapter 7 of the City ordinances. Voting in favor were Mayor Cohen, Councilmen Leary, Britts, Fignar, and Kuefler. Voting against: none. The motion passed unanimously. -11- 10 -15 -73 ORDINANCE Motion by Councilman Kuefler and seconded by Council - First Reading < `" g man Leary to offer for first reading an ordinance amending Chapter 11 of the City ordinances. Voting in favor were Mayor Cohen, Councilmen Leary, Britts , Kuefler, and Fignar. Voting against: none. The motion passed unanimously. Planning Commission The City Manager next presented for discussion the Recommendations recommendations of the Planning Commission regarding (Provisions for a the creation of a commercial special use in the I -1 zone Special Use in the and regarding the matter of home occupations. I -1 Zone and Special Home Occupations) Mayor Cohen left the table at 11 :46 p.m. A lengthy discussion ensued relative to the commercial special use recommendation with emphasis on the ele- ment of prohibiting as a special use those activities which are retail in nature. A consensus developed to the effect that certain light activity retail uses might Possibly be considered for inclusion in the commercial special use concept while banning the high activity generating retail uses. Mayor Cohen returned to the table at 11 :56 p.m. It was determined to defer the concept of a commercial special use in the I -1 zone for discussion at the next City Council meeting. The City Manager then reviewed the Planning Commis- sion recommendation regarding home occupations and special home occupations as earlier presented in a joint meeting of the Commission and City Council. In response to the City Manager's urging that the Council very carefully and deliberately establish home occupa- tion policy, the Mayor emphasized that City Council members must be prepared to live with and support any adopted home occupation policies when such policies must be enforced by the staff. The subject of home day care centers as they relate to the special home occupation proposal was discussed. The City Manager suggested that the administration of such home day care centers, each consisting of the care of not more than five pre- school children, through the special use permit procedure could be a monumental task which may not be warranted. He further pointed out that in the event the County licensing procedure - proved inadequate to control any pattern of problems which may arise, the City Council could in the future' legislate such home day care centers as special home occupations. Further, he recommended that home day care centers be classified as mere home occupations with the condition that such home occupations must be licensed by Hennepin County and the fact that such licensing must be recorded with the City of Brooklyn Center. A discussion ensued with Mayor Cohen commenting his opinion that there must be some form of effective control over the operation of such home day care centers, at the very least a provision whereby Hennepin County provides Brooklyn Center with a list of currently licensed home day care centers. It was the unanimous consensus of the Council that such information be provided as a con- dition of classifying home day care operations as a home -12- 10 -15 -73 f occupation rather than a special home occupation. It was determined that a draft of the modified Planning Commission recommendations be presented for Council review at its next meeting. The City Manager also commented that there is a need to extend the moratorium on home occupations to allow the Council time to review and take action on the proposed ordinance amendment. Action to Extend Motion by Councilman Britts and seconded by Councilman the Moratorium on Fignar to extend the moratorium on home occupations from Home Occupations October 31, 1973 to November 30, 1973, to allow passage of an amendment to the ordinance. Voting in favor were Mayor Cohen, Councilmen Leary, Britts, Fignar and Kueflero Voting against: none. The motion passed unani- mously. Licenses Motion by Councilman Britts and seconded by Councilman Leary to approve the following licenses: ITINERANT FOOD ESTABLISHMENT LICENSE Earle Brown Carnival 5 9 0 0 Humboldt Ave. Voting .1n favor were Mayor Cohen, Councilmen Leary, Britts, Fignar and Kueflero Voting against: none. The motion passed unanimously. Parental Responsibility The City Manager next discussed a concept of parental Legislation responsibility legislation. He stated that certain munici- palities in the country have adopted such ordinances,, apparently for the purpose of attempting to encourage parental concern over the anti - social conduct of certain of their children. He pointed out that there was some question of the constitutional foundation for such legislation and inquired if the Council wished to pursue research into the matter. It was the consensus of City Council members that the City Manager continue researching the concept and report to the City Council upon completion of such research. Contractor Licensing The City Manager then discussed the concept of licensing contractors who propose to do work in the City of Brooklyn Center. He suggested that the maturing community was experiencing an increase in home expansions, facilities repairs which depend upon contractual services to a large extent, and that such contractual services <are sometimes performed by inadequate contractors. He especially re- ferred to the consumer need for work warranties and for protection from the financial inadequacies of contractors and the resulting application of harsh lien law provisions against consumers. The City Manager suggested that a study be conducted to determine the feasibility of licensing contractors who work in the City of Brooklyn Center with the intention of requiring licensing bonds to guarantee financial performance and work guarantees. It was the consensus of the City Council that the concept be further explored and reported to the City Council at a future time. -13 10 -15 -73 l Adjournment Motion by Councilman Kuefler and seconded by Councilman Lear,_ to adjourn the meeting, Voting in favor were Mayor Coll.-.n, Councilmen Leary, Britts, Fignar, and Kuefler. Voting against: none. The motion passed unanimously. The City Council adjourned at 12 :36 p.m. Y Clerk _ Mayor -14- 10 -15 -73