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HomeMy WebLinkAbout1973 12-03 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 DECEMBER 3 1973 CITY HALL Call to Order The Brooklyn Center City Council met in regular session and was called to order by Mayor Philip Cohen at 7:33 p, m. Roll Call Mayor Cohen, Councilmen Fignar, Leary, Kuefler and Britts. Also present were City Manager Donald Poss, Director of Public Works James Merila, Director of Finance Paul Holmlund, Director of Planning and Inspec- tion Blair Tremere, Chief of Police Thomas O'Hehir, City Attorney Richard Schieffer, and Administrative Assistants Daniel Hartman and James Lacina. Site Performance Bond Motion by Councilman Leary and seconded by (Dale Tile Company) Councilman Britts to authorize release of the site per- formance bond in the amount of $2,500 submitted by Dale Tile Company relating to Planning Commission Application No. 72051 for their site located at 4815 France Avenue North. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none. The motion passed unanimously. Site Performance Bond Motion by Councilman Britts and seconded by (Dayton Hudson Corp.) Councilman Fignar to authorize release of the site performance bond in the amount of $5,000 submitted by the Dayton Hudson Corporation relating to Planning Commission Application No. 71035 for the Dayton's gas station site located at the Brookdale Shopping Center. Voting in favor were: Mayor Cohen, Council- men Leary, Britts, Fignar and Kuefler. Voting against: none. The motion passed unanimously. Fire Relief Association The City Manager then introduced the next item of Investments business -- approval of certain investments by the Brooklyn Center Fire Relief Association. Motion by Councilman Britts and seconded by Councilman Kuefler to approve the purchase by the Fire Relief Association of $25,000 worth of Minnesota Power and Light Company investments. Votin g in favor g p Y were: Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none. The motion passed unanimously. Motion by Councilman Kuefler and seconded by Councilman Fignar to approve the purchase by the Fire Relief Association of $25,000 worth of J. I. Case Credit Corporation investments. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none. The motion passed unanimously. -1- 12 -3 -73 Motion by Councilman Fignar and seconded by Councilman Britts to approve the purchase by the Fire Relief Association of $25,000 worth of Tenneco, Inc. investments. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none. The motion passed unanimously. Motion by Councilman Kuefler and seconded by Councilman Britts to approve the purchase by the Fire Relief Association of $25,000 worth of Owens Illinois investments and to reinvest, once those investments have matured, the amount of $25,000 worth of Government National Mortgage Association bonds. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none. The motion passed unanimously. RESOLUTION Member John Leary introduced the following resolution NO. 73 -200 and moved its adoption: RESOLUTION CORRECTING SPECIAL ASSESSMENTS ON CERTAIN PARCELS FOR WEED DESTRUCTION, LEVY #5736 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. Resolution Denying The City Manager then referred to a proposed Planning Commission resolution drafted by the staff in response to a City Application No. 73029 Council directive issued at the last meeting. He (Homedale Builders, stated that the resolution would deny Planning Inc.) Commission Application No. 73029 submitted by Homedale Builders, Inc. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 73 -201 and moved its adoption: RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 73029 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 Declaring The City Manager introduced the next item on the a Need for a Brooklyn agenda consisting of a resolution establishing a Center Housing and Brooklyn Center Housing and Redevelopment Authority. Redevelopment He reviewed that a required public hearing had been Authority held on August 6, 1973 and that the adoption of the subject resolution was deferred pending further inquiry -2- 12 -3 -73 into the prospective relationship between local Housing Authorities and proposed federal housing programs. He stated that such inquiries have been made and on the basis thereof he recommended that the City Council proceed with the creation of the Brooklyn Center Housing and Redevelopment Authority through adoption of the resolution. It was pointed out that an ordinance agenda item pro- viding that the City Council shall constitute membership of the Housing Authority was a companion measure for consideration. A discussion ensued regarding the current role of a local Housing Authority and the funding options available to such an Authority. The City Manager pointed out that rules and regulations being promulgated by the Commissioner of Revenue would prohibit a local Housing Authority whose membership was constituted of City Councilmen from levying the statutory one mill property tax levy unless it was accomplished within the overall municipal levy limitations. He also commented on the funding possibilities offered by the Federal Section 23 Leased Housing Program which seems to be the pros- pective nucleus of any future federal funding programs. Further discussion ensued on the matter. RESOLUTION Member Bill Fignar introduced the following resolution NO. 73 -202 and moved its adoption: RESOLUTION FINDING AND DECLARING THE NEED FOR AND ESTABLISHING A HOUSING AND REDEVELOPMENT 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 Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ORDINANCE Motion by Councilman Kuefler and seconded by First Reading Councilman Britts to offer for first reading an ordinance establishing the Housing and Redevelopment Authority membership. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none. The motion passed unanimously. I RESOLUTION Member Tony Kuefler introduced the following resolution NO. 73 -203 and moved its adoption: RESOLUTION TO AUTHORIZE THE PURCHASE OF OFFSET PRESS 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. -3- 12 -3 -73 i ORDINANCE Member Tony Kuefler introduced the following ordinance NO. 73 -20 and further moved its adoption, provided, however, that for the purposes of the minutes of the proceedings of the City Council the text of the ordinance shall be attached to the minutes and be a part thereof: AN ORDINANCE AMENDING CHAPTERS 34 AND 35 OF THE CITY ORDINANCES RELATING TO THE DEFINITIONS OF HOME OCCUPATIONS, SPECIAL HOME OCCUPATIONS AND RUMMAGE SALES The motion for the adoption of the foregoing ordinance 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 ordinance was declared duly passed and adopted. ORDINANCE Member Bill Fignar introduced the following ordinance NO. 73 -21 and further moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Section 35 -310 is hereby amended by the addition of the following: (11) Rummage Sales as defined in Section 35 -900. Section 2: Section 35 -311 is hereby amended by the addition of the following: (11) Rummage Sales as defined in Section 35 -900. Section 3: Section 35 -312 (1) (c) is hereby amended by the addition of the following: j (8) Rummage Sales as defined in Section 35 -900. Section 4: This ordinance shall be effective after adoption and thirty days following its legal publica- tion. Adopted this 3rd day of December, 1973. The motion for the adoption of the foregoing ordinance 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 ordinance was declared duly passed and adopted. -4- 12 -3 -73 I ORDINANCE Motion by Councilman Fignar and seconded by First Reading Councilman Kuefler to offer for first reading an ordinance amending Chapter 11 clarifying the closing hours for liquor and beer licensed premises. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none. The motion . assed unanimously. Y ORDINANCE Motion b Councilman Kuefler and seconded b 1 e e Y Y First Reading Councilman Fignar to offer for first reading an ordinance regulating motor vehicles. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts , Fignar and Kuefler. Voting against: none. The motion passed unanimously. ORDINANCE Motion by Councilman Britts and seconded by First Reading Councilman Leary to offer for first reading an ordinance providing for abatement of abandoned automobiles. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none. The motion passed unanimously. ORDINANCE Motion by Councilman Fignar and seconded by First Reading Councilman Kuefler to offer for first reading an ordinance providing for custody and disposal of unclaimed and abandoned automobiles. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none. The motion passed unanimously. ORDINANCE Motion by Councilman Kuefler and seconded by First Reading Councilman Leary to offer for first reading an ordinance amending Chapter 19 prohibiting the obstruction of sidewalks. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none. The motion passed unanimously. Licenses Motion by Councilman Kuefler and seconded by Councilman Fignar to approve the following licenses. CHRISTMAS TREE SALES LICENSE Premium Quality Trees 10433 Partridge St. CIGARETTE LICENSE Brookdale Super Valu 5801 Xerxes Ave. Brooklyn Center Country Boy 4401 - 69th Ave. Brooklyn Plaza Cinema 5801 John Martin Dr. Super Sam's 1267 Brookdale Ctr. Brookdale Motors, Inc. 2500 County Road 10 Brothers Brookdale Rest. Brookdale Center Donaldson's Brookdale Center H & L Enterprises 11517 Yukon St. N.W. Johnson Tobacco Co. Brookdale Center Marc's Big Boy 5440 Brooklyn Blvd. Pi p eseller 1301 Brookdale Center Red Owl Stores 5425 Xerxes Ave. Superamerica 1901 - 57th Ave. Ted Tuma 2500 Nathan Lane Wes' Standard Service 6044 Brooklyn Blvd. I -5- 12 -3 -73 GASOLINE SERVICE STATION Christy's Auto Service 5300 Dupont Ave. Howe, Inc. 4821 Xerxes Ave. Humboldt Ave. Standard 6900 Humboldt Ave. Superamerica 1901 - 57th Ave. Wes' Standard Service 6044 Brooklyn Blvd. "OFF- SALE" NON - INTOXICATING LIQUOR LICENSE Brookdale Super Value 5801 Xerxes Ave. Brooklyn Center Country Boy 4401 - 69th Ave. Red Owl Stores, Inc. 5425 Xerxes Ave. Superamerica 1901 - 57th Ave. POOL AND BILLIARD LICENSE Holiday Inn of Brooklyn Center 1501 65th Ave. PUBLIC DANCE LICENSE Holiday Inn of Brooklyn Center 1501 - 65th Ave. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts , Fignar and Kuefler. Voting against: none. The motion passed unanimously. Representatives to the The City Manager then stated that the Fire Training Fire Training Center Tower at the Vocational Technical School constructed Board of Directors under a joint powers agreement with other suburban municipalities requires a board of directors to govern the facility. He recommended that the City Council approve the appointment of Fire Chief Donald Mason as the representative and Fire Training Officer Robert Kolstad as the alternate to the board of directors. Motion by Councilman Fignar and seconded by Councilman Kuefler to approve the appointment of Mr. Donald Mason as the representative to the Board of Directors for the Fire Training Tower and Mr. Robert Kolstad as his alternate. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts , Fignar and Kuefler. Voting against: none. The motion passed unanimously. Adjournment Motion by Councilman Kuefler and seconded by Councilman Fignar to adjourn the meeting. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9 :05 p.m. lerk Mayor i -6- 12 -3 -73