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HomeMy WebLinkAbout1972 01-14 CCM Regular Session Minutes of the Proceedings of the City Council of the City of Brooklyn Center In the County of Hennepin and State of „ ,.�nnesota February 14, 1972 The City Council met in regular session and was celled to order by Mayor Philip Cohen at 8:05 P.M. Roll Call; Mayor Cohen, Councilmen Leary, Ausen, fleck and Britts.. Also present were: City Manager Donald Poss, Director of Public Works James Merila Director of Finance Paul Holmbmd, Chief Building Inspector Jean Murphey, City Attorney Richard Schieffer and Administrative Assistants Blair Tremere and Daniel Hartman, Reverend Howard C j, Matson of Berean Evangelical Free Church offered the invocation, Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO, 72-15 RESOLUTION COMMENDING BROOKLYN CENTER CIVIC CENTER H USEW MIN gOMAQ=E The motion for the adoption of the foregoing resolution was dully seconded by member Howard Heck, and upon vote being taken thereon,, the following voted In favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard deck and Maurice Br#tts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, The City Manager next reviewed Planning Commission Application No, 72004 submitted by Linda Nelson requesting a special use permit for a beauty shop in the basement of her home located at 5424 June Avenue North, Following a brief discussion there was a motion by Councilman Britts and seconded by Councilman Leary to approve Planning Commission Application No. 72004 submitted by Linda Nelson subject to the following conditions; 1 That a second exit from the base will be provided prior to the commencement of the operation; 2, That a copy of the beauty shop and beauty operator's licenses, issued by the State of Minnesota„ will, be placed on file with the City prior to the commencement of the operation; 3. That the special use permit will, be subject to review on an annual basis. Voting in favor were. Mayor Cohen, Councilmen Leary, Ausen, Heck and Britits. Voting against: none. Motion carried unanimously, The City Manager next reviewed Planning Commission Application No, 72009 submitted by Mr s, Pearl C, Lynch requesting approval of a Registered Land Survey. He explained that Tract B of the proposed subdivision is substandard in depth and that the Planning Commission had reco that the application should be approved with a variance in lot depth for Tract B from 110 feet to 106.9 ft. He noted that the lot depth variance was required due to the location of the appli- cant's home. The City Manager further commented that the extension of Knox Avenue North across the petitioner's- property separated her property intb two parcels leaving a small lot on the east side of Knox Avenue and a parcel on the west side large enough for two lots, -I- The Director of Public 'Works recommended that it be noted as a condition of approval that the applicant sign a quit -claim deed granting the land for the roadway. He stated this would facilitate the clarification of the description of the property. The Mayor inquired as to the need for the variance and the City Manager replied that a hardship was created by the location of the applicant's house and the roadway requirements. Following further discussion there was a motion by Councilman Leary and seconded by Councilman Ausen to approve Planning Commission Application No. 72009 submitted by Mrs. Pearl C. Lynch noting; 1. Tract D as indicated on the Registered Land Survey has been dedicated to the City of Brooklyn Center via quit -claim deed; 2. The Registered Land Survey includes the lot depth variance for Tract B from 110 feet to 106,9 feet, Voting in favor were; Mayor Cohen Councilmen LeFy, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The City Manager next reviewed Planning Commission Application No. 72001 submitted by Brooklyn Center Industrial Park requesting site and building plan approval to permit the construction of a 17,640 sq. ft, addition to LaBelle's store located at 5925 Earle Brown Drive, He explained that the applicant proposes that the existing building site will be increased by the addition of a 109 ft. by 60 ft, tract of land on the west side and that the added land area will provide room for 75 additional parking spaces. The City Manager noted that the proposed addition would be used primarily for warehouse purposes with a small area being utilized as an extension of the present store. A brief discussion ensued relative to the parking requirements of the present and proposed structures, The City Manager explained that retail guide- lines had been used to determine the parking requirements. The Director of Public Works also commented that the licant had not et submitted landscape aPP Y plans and that the landscaping of the proposed addition should be a part of the overall landscaping. Motion by Councilman Heck and seconded by Councilman Leary to approve Planning Commission Application No, 72001 submitted by Brooklyn Center Industrial Park Inc. subject to the following conditions: I. Utility and drainage plans are subject to the approval of the City Engineer prior to the issuance of a building permit; 2. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 3. A performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee the site improvements as designated on the plans submitted; 4. Landscaping plans shall be submitted for the review and approval for the City Council, Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously, The City Manager next reviewed Planning Commission Application No. 71060 and a companion Application No. 71061 submitted by Paul DeZiel. He stated that Application No, 71060 requested rezoning from R -1 to R -3 for all of the lots in the proposed DeZiel Addition, and he noted that some of the property lying to the east of and southerly along Camden Avenue, adjacent to the land proposed for rezoning, is an R-4 use with approval having been given for the construction of two story multiple dwellings. He further stated that the W2_ rezoning matter had been referred to the Northeast Neighborhood Study Group and that it was the unanimous opinion,, as stated in a letter filed with the City, that the rezoning request be denied and that the area remain R--1. Mayor Cohen proceeded with a public hearing on the matter and recog- nized Mr. L. Linder, 1495 Trollhagen Drive a neighboring land owner. Mr. Linder offered comments relative to the development of his parcels in the area and the cost of acquiring needed property from the City. The City Manager stated that Mr. Linden's comments were somewhat out of context and in response to an Inquiry by Mayor Cohen Mr. Linder stated he had no further remarks relative to the application. Mayor Cohen then noted that none of the other notified property owners were present. Councilman Leary commented that the area appears to be small for a good R -3 development and that any plans should comprehend the development of the neighborhood in its entirety. Following further discussion there was a motion by Councilman Leary and seconded by Councilman Ausen to deny Planning Commission Application No. 71060 submitted by Paul DeZiel, noting that the property in question was too small for sound R -3 development and that the proposed development did not fall within the guidelines of the Comprehensive Plan. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. Following further discussion there was a motion by Councilman Heck and seconded by Councilman Britts to deny Planning Commission Application No. 71061 submitted by Paul DeZiel which was contingent upon approval of the previous application. Voting in favor were: Mayor Cohen,, Councilmen Leary,, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The City Manager presented a memorandum dated February 9, 1972 from the Director of Public Works regarding the Camden Avenue extension from 70th Avenue North to 72nd Avenue North relative to Planning Commission Application No, 71023, He stated that the City Council had approved Planning Commission Application No. 71023 submitted by Thomas Construction Co. request- ing site and building plan approval for a two phase 240 -unit apartment complex to be located at 70th and Lyndale Avenues North on July 12,, 1971; except for that Portion of the site plans dating to the extension of Camden Avenue which was deferred for further study of access to the park and the effects on the area. The Director of Public Works explained that the recommendations of the Commissions and the staff were summarized in the memorandum. The City Manager commented that it was the staff recommendation to extend 70th Avenue to Dupont Avenue and thus alleviate anticipated heavy outside traffic in the residential area. In a response to a question by Mayor Cohen, the City Manager stated that the prime consideration of street development in the area was access to the park rather than circulation around the park. Following extensive discussion of the Director of Public Works' memorandum and the staff recommendations, the Mayor polled the Council and determined that It was the consensus that: 1. Bryant Avenue should not be extended past its present termination point; thus access to the softball field parking lots would be via a driveway from 70th Avenue; 2. 70th Avenue North should be extended westerly from Camden Avenue to Dupont Avenue, in such a manner as to assure proper alignment of the street relative to the position of the houses on the west side of Dupont Avenue North; 3. Camden Avenue should be extended from 70th Avenue to 73rd Avenue; 4. 72nd Avenue North should be extended easterly from .Aldrich Court to Camden Avenue. -3- Following further discussion there was a motion by Councilman Heck and seconded by Councilman Leary to approve the street extension and develop - ment master plan as submitted in the February 9, 1972 report and as determined ' by the Council consensus. Voting in favor were: Mayor Cohen,,, Councilmen Leary, Ausen, Hook and Britts, Voting against: none, Motion carried unanimously. Moron by Councilman Leary and seconded by Councilman Ausen to approve that portion of Planning Commission Application No. 71023 submitted by Thomas Construction Co. relating to the extension of Camden Avenue subject to the con- dition that the site plan will be compatible with the master street extension and development plan adopted by the City Council. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none, Motion carried unanimously. The meeting recessed at 9;25 P. M. and resumed at 9;45 P.M. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 72--16 RESOLUTION ACKNOWLEDGING, GM The motion for the adoption of the foregoing resolution was duly seconded by member Ho H ward eck, and upon vote Ding taken thereon, the following voted . In favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Maurice Britts; and the following voted against the same: none„ whereupon said resolution was declared duly passed and adopted. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 72-417 RESOLUTION ACKNOW ZDGWG, Go 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, Vernon Ausen, Howard Heck and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Vernon Ausen introduced the following resolution and moved Its adoption: RESOLUTION NO. 72-18 RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVE- NT NO S The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager next reviewed a proposed resolution which comprehends entering into an agreement with the .Minnesota Highway Department regarding a traffic signal installation at T. H, 152 and 49th Avenue North. He stated the terms of the agreement are the same as those terms pertaining to other signal installations in past years; the State Highway Department assumes 60% of the total estimated cost with Brooklyn Center and Minneapolis each assuming 25% of the estimated installation cost. The Brooklyn Center share would approximate $7,950.00 with the funds to be derived from Brooklyn Center's Municipal State Aid Fund, -4- A discussion ensued and the Director of Public 'Works presented updated material on the schedule of construction plans relative to T.H. 152. Member John Leary introduced the following resolution and moved Its adoption: RESOLUTION NO. 72 -19 RESOLUTION PERTAINING TO MINNESOTA HIGHWAY DEPARTMENT AGREEMENT NO. 56714 REG-ARDING TRAFFIC SIGNAL INSTALLATION AT THE INTMECTION OFT 152 AND 49TH AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote being taken thereon, the following voted in favor thereof Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The next item of business was consideration of investments recommended by the Brooklyn Center Fire Relief Association. Motion by Councilman Heck and seconded by Councilman Leary to approve the purchase of bonds by the Brooklyn Center Fire Relief Association at a cost of $7,337, 50. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. Motion by Councilman Ausen and seconded by Councilman Britts to approve the purchase of bonds by the Brooklyn Center Fire Relief Association at a cost of $2,757,38, $3,678.51, $2,668.88, and $5,518,50, Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. Member John Leary introduced the following ordinance and moved its adoption: ORDINANCE NO. 72 -1 AN ORDINANCE AC I\TG A PORTION OF 671H AVEM NORTH THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1 :_ That portion of 67th Avenue North lying within the west line of H. Smilden's Addition to a line 290 feet easterly is hereby vacated as a public street. Section 2: The City excepts from the vacation of 67th Avenue North as described above, and reserves to itself and its assigns an easement for all public utility and drainage purposes on, over, and under the above described parcel. Section 3: This ordinance shall be effective after adoption and thirty (30) days following its legal publication. The motion for the adoption of the foregoing ordixance was duly seconded by member Vernon Ausen and upon vote being taken thereon, the following voted In favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Maurice Britts; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted,. The next item of business was consideration of a proposed ordinance amendment relative to Chapter 34, Section 140,, Permitted Signs Requiring a Permit, The City Manager explained the amendment is intended to modify the Sign Ordinance to the extent of providing two freestanding identification signs for apartment complexes. A brief discussion ensued relative to the applicability of the ordinance provision to various multiple housing classifications. -5- Motion by Councilman Heck and seconded by Councilman Ausen to declare a first reading on the following ordinance: AN ORDINANCE AMENDING CHAPTER 34-140 RELATAM TO PERMITTED MNS RE GAPE Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against:. none. Motion carried unanimously. The next item of business was consideration of a proposed ordinance amending relative to Section 35 -800, 2 (a). The City Manager stated that the proposed ordinance change is intended to extend the administrative permit period within which the out -of -door sales of nursery and garden merchandise may be conducted annually. Following a brief discussion there was a motion by Councilman Britts and seconded by Councilman Leary to declare a first reading on the following ordinance: AN ORDINANCE AMENDING CHAPTER 35 RELATIVE TO ADMINISTRATIVE PERMIT TIME PERIOD FOR OUT -OF -DOOR RETAIL SALE OF NURSERY AND GARDEN MERCHANDISE Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against none. Motion carried unanimously, Regarding the approval of licenses the Mayor inquired whether a Cigarette Vending Machine License could be revoked with good cause. The City Manager responded that it could according to ordinance provisions. Motion by Councilman Heck and seconded by Councilman Britts to approve the following licenses: Bak E224 &MMM MMaghW L 3censg Ed's Vending Service 5204 Fremont Avenue North =aM License Harold's Beverage Service Rt. 5, Box 154 Tonka Vending Rt,, 1, Mayer, Minn. FoW EZI§ Liao , ABC Brookdale Theatre, Inc. 2501 County Rd, 10 Berean Evangelical Free Church 6625 Humboldt Ave, No, Bridgeman's Creameries Div. 6201 Brooklyn Blvd. Brookdale Super Valu, Inc. 5801 Xerxes Ave. No, Brooklyn Center National Little League 3809 -- 57th Ave. No. Brothers Bake & Del 1342 Brookdale Center Brothers Brookdale Restaurant 1341 Brookdale Center Country Club Market 5715 Morgan Ave. No. Donaldson' s, Inc. 1200 Brookdale Center European Health Spa 2920 County Read 10 Farrelr s Ice Cream Parlour 5524 Brooklyn Blvd. Green Giant Restaurant 5540 Brooklyn Blvd. King's Food Host U.S.A. 5601 Xerxes Ave. No, Lynbrook Bowl., Inc. 6357 No. Lilac Drive Marc's Big Buoy, Inc. 5440 Brooklyn Blvd„ j. C. Penney Co. 'r Inc. 1265 Brookdale Center Rog & Tim's Superette 6912 Brooklyn Blvd.. Sears Roebuck & Co., Inc, 1297 Brookdale Center Servomationn 4301 - 68th Ave. No. Shopper's City 3600 - 63rd Ave, No. Superamerica, Inc. 1901 - 5 Ave, No, Brookdale Super Valu, Inc. 5801 Xerxes Ave. No. i, IF dIb At a AirIb1 MN UgMe Ray's Trucking Service 4413 Crawford Road -6- Gasogne Sege StatioLQjcense Brooklyn Center "66" 6850 Brooklyn Blvd, Cas ZRWS Lice 3 -D Heating 6532 West Lake Street Heating and ACQnditfonina i tense 3 -D Heating 6532 West Fake Street IAnerant Food E sMklis , z nt License Land (Y Lakes (Dayton's) 614 McKingley Place Ton- Perishable Food Vending MgShIM I�ic, c pse Allen Page Enterprises 12026 Riverwood Drive Anderson Automatics, Inc. 4912 Frmce Ave. No. Beach Apartments 4201 Lakeside Ave, No. B -K Vending Co. , Inc. 4417 Rutledge Ave. Brookdale Motel 6500 Lyndale Ave. No. Country Club Market 5715 Morgan Ave. No. Crystal Clear P.4, Box 27012 R.E. Fritz, Inc, 8039 Lewis Road Gold Medal . Bevera 9' a Inc. 553 Fairview Ave. No. Harold's Rt, 5, Box 154 Lynbrook Bowl Inc. 6357 No. Lilac Drive Magic Maid Vending 4142 Vincent Ave. No. Northbrook Barber Shop 5708 Morgan Ave. No. Northbrook Gulf 1912 - 57th Ave. No. Northbrook Minnesota Fabrics 5712 Morgan Ave. No. Northomation Systems, Inc. 4565 West 77th St, Pat -Nik, Inc. 3521 Elm Lane Pepsi Cola Bottling Co. 1300 E. Cliff Road Rog & fn's Superette 6912 Brooklyn Blvd. Servomation 4301 - 68th Ave. No. Shopper's City 3600 - 63rd Ave. No. United Vending Co. 9 North 11th Street Western Stores Div. 5001 France Ave. No. Readily Perishable Food Vehicle Meet) Servomation 6801 Brooklyn Blvd. && d11Y Perish ood Yending Machine J&enss Servomation 6801 Brooklyn Blvd. Special Food Hand3er's License Ideal Drug Store 5740 Morgan Ave. No, Sian Hanage s License White Advertising Box 207, Cologne, Minn. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The next item of business was consideration of surety bonds in the amount of $25, 000.00 for the City Manager and the City Finance Director and $10, 000.00 for the City Clerk. Motion by Councilman Britts and seconded by Councilman Leary to approve the surety bonds for the City Manager, the Finance Director, and the City Clerk. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts, Voting against: none. Motion carried unanimously, The City Manager next stated that State Law required that the Council set a date for the Board of Equalization hearing and he rioted that the law further provided, this year, that notices must be sent to all property owners who have expe`ienced changes in property evaluations. -7- Following a brief discussion there was a motion by Councilman Leary and seconded by Councilman Britts to set the date for the 1972 Board of Equalization hearing for Wednesday, June 7, 1972 at 7:30 P. M. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The City Manager commented relative to the recent court actin in which the City challenged the administrative interpretive authority of the State Tax Commissioner. He stated that the court had ruled that the Commissioner could not implement the levy limitation law as he did without first establishing standards. He noted that the court further ruled that the Commissioner could not issue blanket orders for County Auditors to arbitrarily reduce levies that were in excess of the levy limitation set by the Omnibus Tax Law.. The City Manager explained that the court did not rule on the constitution- allty of that portion of the Omnibus Tax Bill which apparently delegated legislative authority to the State Tax Commissioner, and he stated that consideration was being given to pursuing an appeal of that portion of the ruling. He said the basic issue was a matter of principle regarding the delegation of legislative authority to administrative offices and even to the courts. Mayor Cohen stated that as a result of Brooklyn Center's successful court action, other communities have gained confidence in the awareness that undue incursion into local control can be challenged. Councilman Heck stated that hopefully the decreased size of the Legislature and an increased staff would bring a halt to poorly constructed legislation. The next item of business was consideration of the recertification of the 1972 budget which was initially approved on October G, 1971. The City Manager and Director of Finance presented two alternative sets of draft resolutions which would authorize the recertification and would amend the 1972 budget. The City Manager explained that the essential difference between the alternatives was that one comprehended the addition of $3, 000.00 to the Mayor and Council Contingency Fund to cover the penalty imposed by the Omnibus Tax Bill. He stated that the second alternative did not make extra provision forthe.'•- anticipated state aid penalty, The City Manager further noted that as a result of the Omnibus Tax Law the City would realize approximately $184,,000 in state aid funds which were not comprehended when the 1972 budget was initially approved and thus, while an extra $3 g 000.00 would be covered by the recertified tax levy proposed in the first alternative, the actual levy realized by the taxpayer would be less than originally stated. An extensive discussion ensued relative to the recertification. The Mayor. stated that the City's arguments since the passage of the Omnibus Tax Bill and during the ensuing court action had been based on need, and thus, the $3, 000, 00 penalty, which must be met to fulfill that need, should be provided for in the recertified levy. Councilman Leary agreed, stating that the actual mill rate levied against the taxpayers would be less than originally anticipated. Councilman Heck voiced his concern that the taxpayers desired overall tax relief, and that while the City was successful in the court action challenging the State Tax Commissioner, the basic issue had been one of principle. He started that any penalty imposed by the Omnibus Tax Law should be absorbed by the approved budget and not passed onto the citizens through an increased tax levy. Councilman Britts stated that an extension of Councilman Heck's argu- ment would suggest also absorbing the entire amount by which the proposed levy exceeds the levy limitations, noting that he was not advocating such a proposal: Mayor Cohen stated that while the issue was largely one of principle, the Council must look ahead and decide whether to begin building a levy base to prepare for the ramifications of the tax law in coming years, or to take the consequences of increased penalties in the future when necessary tax levies are determined using the current insufficient base. The Director of Finance commented that to absorb the $3, 000.00 was to acknowledge that the budget as approved in October carried an excess of that amount, Councilman Heck reiterated his objections to the principle of levying the $3,,000.00 penalty. Member John Leary introduced the following resolution and moved Its adoption: RESOLUTION NO. 72 -20 RESOLUTION TO AUTHORIZE A RECERTIFICATION OF A TAX LEVY FOR 1972 BUDGET APPROPRIATIONS , The motion for the adoption of the foregoing resolution was duly seconded by member Vernon Ausen, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen, Howard Heck and Maurice Britts, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 72--21 RESOLUTION TO ANXND THE 1972 BUDGET AS ADOPTED ON OCTOBER 6, 1971 The motion for the adoption of the foregoing resolution was duly seconded by member Vernon Ausen, and upon vote being taken thereon, the following voted In favor thereof: Philip Cohen,. John Leary, Vernon Ausen, Howard Heck and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager next commented relative to the possible ramifications of the new State Building Code upon the City's fire sprinkler ordinance. He stated his wish to correct a response to Councilman Ausen on January 31, 1972 to the effect that the proposed State Building Code would prohibit sprinkler re- quirements comprehended by the Brooklyn Center ordinances. To the contrary, indiscussizg the matter with the State Building Inspector it was determined that there is no such specific prohibition in the State Building Code. Rather, the State Law enabling a State Building Code authorizes such state code to super- sede and replace local building codes. He stated that the Uniform Building Code to which the City has long subscribed and upon which the State Building Code is based tends not to be limiting and restrictive in mature, but rather, open -ended or permissive in nature. Thus, the absence in the proposed State Building Code of fire sprinkler provisions to the extent required by Brooklyn Center does not constitute a prohibition. He further explained that the staff was in the process of consulting with experts in the fire prevention and firefighting fields with the intent to recompile the data used in developing the City's fire sprinkler ordinance. In response to an inquiry by Councilman Ausen relative to the recently Implemented fee and identification card system in the game room area of the Community Center, the City Manager stated that these measures were instituted primarily for control purposes. He explained that a deposit of a membership pass was required for the use of the various recreational facilities on the upper level of the Community Center. Councilman Ausen stated his concern that what appeared to be a matter of legislative policy had not been cleared by the City Council, as were the regulation policies and user fees for the swimming pool, exercise room, and sauna complex. He stated that there should be no restriction of the use of the Community Center facilities unless such restrictions are established as a matter of policy by the Council. _g_ The City Manager responded that he had interpreted the matter as one of administrative procedure based upon reports by the recreation staff that the control measures were needed. He further commented that there was a distinc- tion of considerable degree between the establishment of user fees for the locker room privileges and the imposition of this control procedure. Councilman Leary stated that it appeared the issue was a determination of whether this was a legislative policy or an administrative procedural matter, He stated that if the Council agreed with the control measures,, then the Council could reaffirm the procedure as a matter of policy. Mayor Cohen stated that at this point he did not view the situation as a legislative policy matter. The City Manag er further stated in response to a question by Councilman Ausen that the matter had not been referred to the Park and Recreation Commission or the Youth Advisory Commission prior to its implementation. It was suggested that the Manager present a memorandum to the Council stating the factors which led to the implementation of the control measure. Motion by Councilman Ausen and seconded by Councilman Britts to adjourn the meeting. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen,, Heck and Britts. Voting against: none, Motion carried unanimously, The Council meeting adjourned at 11 :45 P. M. lerk Mayor t -10- M