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HomeMy WebLinkAbout1971 03-29 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 Minnegota .� March 29, 1971 The City Council met in regular session and was called to order by Mayor Philip Cohen at 7.32 P.M. Roll Call: Mayor Cohen, Councilmen Leary, Ausen and Willard. Also present were: Donald Poss, Paul Holmlund, James Merila, Richard Schieffer, Thomas O'Hehir, Eugene Hagel and Tom Loucks. Motion by Councilman Ausen and seconded by Councilman Leafy to approve the minutes of the March 15, 1971 Council meeting as submitted. Voting in favor were:, Mayor Cohen, Councilmen Leary, Ausen and Willard. Voting against were: none, Motion carried unanimously, Member Theodore Willard introduced the following resolution and moved its adoption: . RESOLUTION NO. 71 -56 LMSQLUTION ACKNOWLEDGING GIFT 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 and Theodore Willard , 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. 71 -57 RESOLUTION ACKNOWLEDGING GIFT The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen and Theodore VTiilard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, The City Manager commented that a resolution awarding a radio systems contract is intended to authorize the work to proceed on the installation of the police, fire, public works and civil defense radio systems in the lower level of the new City Hall, He indicated that $7,813,96 will be charged against a $10,000 communication appropriation in the 1971 budget and the remaining $4,293.99 will be apportioned to the Fire, Street, Engineering, Park, Public Utilities and Civil Defense Department budgets on a benefit basis. A discussion ensued at which time the City Manager made comments and clarifications in response to questions asked by Council members, Member John Leary introduced the following resolution and moved Its adoption: RESOLUTION NO. 71 -58 RESOLUTI ©N ACCEPTING RADIQ SYSTEiV! PROPOSALS The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted In favor thereof: Philip Cohen, John Leary, Vernon Ausen and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ,1, The Council next considered Planning Commission Application No. 70068 submitted by Riverside Motel. The City Manager commented that Section 35 -251 of the City Ordinances provide that the Planning Commission acting as a Board of Appeals and Adjustments, shall hear and recommend and the City Council shall make final determination regarding appeals from an order requirement or determination made by an administrative officer in enforcement of the Zoning Ordinance where it is alleged that some error in interpretation or Judgment exists, He commented that Application No. 70068 consists of such an appeal submitted by the owner of the Riverside Motel which was the scene of a destructive explosion in September, 1970, The City Manager then proceeded to review the Board of Appeals and Adjustments actions of January 7, 1971, March 4, 1971 and March 25, 1971, indicating that after evaluation the Board had recommended denial of the application based upon the factors contained in Board of Appeals Resolution No. 71 -1, Mayor Cohen then recognized Mr. Charles Colter, attorney at law, representing the owner of the Riverside Motel. Mr. Colter contended that the appraisal submitted by Wagenhals Appraisals, Znc. did not consider the motel to be 60% destroyed; rather, he contended the Brooklyn Center City Attorney, at his discretion, used various figures in the report to construe that the motel was greater than 60% destroyed, He further indicated that perhaps the Council should read the appraisal and make their own determinations of fact based upon the report, Discussion ensued at which time Councilman Willard noted that, in his opinion, the proceedings of the Board of Appeals and Adjustments had clearly pointed out the substance of the appraisal and that their recommendation seemed very clear to him, Mayor Cohen noted that he felt that it would be proper for the Council'to have a written statement from the applicant to challenge the apprisal report and /or the findings of the Board of Appeals and Adjustments. Councilman Willard commented further that he felt the relevant information had been extracted from the report and presented in a proper manner and he was ready to act upon the petition, Councilman Leary noted that because this a critical issue to the applicant that the Council should have an opportunity to have both sides presented and he agreed with Mayor Cohen's assessment that perhaps a written statement should be presented. Following a discussion a motion was made by Councilman Leary and seconded by Councilman Ausen t7 table Application No. 70068 with the concurrence of the applicant until April 19, 1971 to allow time for additional information to be presented. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, and Willard. Votim against were: none. Motion carried unanimously. The meeting recessed at 8 :50 P. 1A. and resumed at 9 :08 P.M. The next item of business was a request of the Chuckwagon Inn for the issuance of a public dancing license.. The City Manager introduced the item and after clarification of the ordinance requirement, indicated that the fee for a dancing license in any beer parlor or premises that is legally licensed to sell, serve, or consume non .intoxicating malt liquor shall be $25, 00 per month paid every thirty days in advance, Mayor Cohen then recognized Mr. Lloyd Brandvold, representing the Chuckwagon Inn, who indicated that he felt the requirement of $25,00 per month was rather high since his establishment would have a dance floor about 8 feet by 10 feet and is simply utilized as a convenience for his cutomers, Councilman Willard noted that perhaps the existing dancing ordinance is somewhat antiquated and that steps should be taken to revise the existing ordinance. -2- Councilman Ausen commented to the effect that he has not had the advantage of participating in discussions of liquor licensing policy in 1969, but that he would be inclined to be favorable to hearing a formal application from Green Giant Company, Motion by Councilman Willard and seconded by Councilman Ausen to declare a first reading on the following ordinance: AN ORDINANCE AMENDING CHAPTER 5 RELATIVE TO RUBBISH BURNING Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen and Willard. Voting against were: none. Motion carried unanimously. The City Manager commented that the City its in receipt of a new Mutual Aid Agreement from the North Suburban Mutual Aid Association. He indicated that the new agreement eliminates the service charge for inter- community use of fire fighting equipment and personnel. Motion by Councilman Willard and seconded by Councilman Teary to authorize the Mayor and City Manager to execute the new Mutual Aid Agreement. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, and Willard. Voting against were: none. Motion carried unanimously. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 71--60 RESOLUTION AMENDING THE 1971 GENERAL FUND BUDGET 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 and Theodore Willard; 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.. 71 -61 RESOLUTION AUTHORIZING PURCHASE OF CONCESSION TRAILER 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 and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Motion by Councilman Leary and seconded by Councilman "Ausen to approve the following licenses: Cigarette License Theisen Vending 3011 E, 42nd Street The Brothers Restaurant 1341 Brookdale Center Food Establishment License Burger King, Inc. 6110 Brooklyn Blvd, King's Food Host 5601 Xerxes Avenue No. Casey's lf'�arket 1000 - 57th Ave. No, American Legion Post 4630 4307 -- 70th Ave. 1, o, Garbage and Refuse F'_aulinq License Bergstrom Trucking 7135 -- 56th Ave, No. Gopher Disposal, Inc. 3561 44th Street -4- Mayor Cohen noted that, however, for the matter before the Council this evening that there is no other alternative than for the Council to grant a license on a month to month basis as stipulated by the ordinance. He recommended that an ordinance revision be forthcoming shortly, Motion by Councilman Willard and seconded by Councilman Leary to approve a dancing license for the Chuckwagon Inn subject to existing ordinance limitations. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, and Willard. Voting against were none. Motion carried unanimously. Motion by Councilman Willard and seconded by Councilman Leary to direct the City Manager to prepare a draft ordinance revision to update the dancing license ordinance, Voting in favor were; Mayor Cohen Councilmen Leary, Ausen, and Willard. Voting against were. none,. Motion carried unanimously. M Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -59 RESOLUTION REGARDING TVdIN LAKES JOINT POWERS AGREEMENT 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 and Theodore 'Villard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, The next item of business was Planning Commission Application No. 70023 submitted by Super Valu, The City Manager introduced the item and commented that it relates to a temporary driveway off Xerxes Avenue into the Super Valu store near County Road 10. He indicated that in adopting Resolution No. 70-95 on January 13, 1970 the Council deferred the ordered removal of the temporary driveway until April 1, 1971 to permit Super Valu stores to develop facts which would economically justify the necessity for retaining the temporary driveway, � rY y. The City Manager stated that representatives of Super Valu had requested that the matter be tabled until April 5, 1971 to allow more time for data to be gathered relative to the driveway entrance. A brief discussion ensued at which time Councilman Ausen made a motion which was seconded by Councilman Leary to table Application No. 70023 until April 5 1971 said a s f the Pn s , a being inclusive of extending the u se o driveway ntil such a e - s e Councilmen y time, Voting in favor were. Mayor Cohn un 9 Y r Leary.. Ausen and Willard. Voting against were: none. Motion carried unanimously. The next item of business was preliminary review of a liquor license Proposal* The City Manager introduced the item and indicated that the Green Giant Restaurant is requesting preliminary review of a liquor license proposal for their restaurant located at 5540 Brooklyn Blvd, Mayor Cohen then recognized Mr. Jim Martel of the Green Giant Corp. who reviewed the plans of their company for converting various areas Of the facility Into a cocktail lounge. Following the presentation of Mr. Martel a discussion ensued at which time Councilman Leary noted that he would be favorable to receiving a formal license application from the Green Giant Corp. Councilman Willard stated that he thought there was sentiment in the - community for such a service facility and was therefor in favor of encouraging the applicant to further pursue the liquor application, Mayor Cohen noted that he is apprehensive about moving from the concept Promoted in the split liquor referendum which called for licenses to be used to encourage new development to expand the tax base, -3- Norr- Ferishae Food Vending Machine License Christy's Auto Service 5300 Duportt Ave. No. Harold's Beverage Service Rt, 5 Box 154 Magic Maid Vending 4142 Vincent Ave. No Fat- -Nik,. Inc. 3521 Elm Lane Seven -Up Bottling Co. 3612 E, 44th Street Voting in favor were; Mayor Cohen, Councilmen Leary, Ausen and Willard. Voting against were; none. Motion carried unanimously, Motion by Councilman Leary and seconded by Councilman Willard to accept the City Treasurer's Annual Report of the Fire Relief Association Fund Voting in favor were; Mayor Cohen, Councilmen Leary, Ausen and Willard. Voting against were; none. Motion carried unanimously, The next item of business was discussion of the community center fees and policies. The City Manager reviewed the various determinations utilized in a recommendation to set the fee rate of $30.00 per six months for a resident family membership and $15.00 for a resident single membership and described some of the proposed operational policies being considered at this time Discussion ensued at which time Councilman Willard noted that perhaps an introductory offer of $25,00 for a family fee and $12.50 for a single / fee should be introduced. He also suggested consideration of a reduction in price for those under 12 years ..category in the single admission price. He further suggested that there should be no charge or requirement to suit up for those adults responsible for children using the wading pool area., The City Manager indicated that it is the recommended policy that all individuals going to the pool area and the wading pool he required to suit up and pay fees. Following further discussion a motion was made by Councilman Willard and Bonded by Councilman Ausen to set the fee schedule for the Civic Center locker ran torivileges as an introductory off at Y25.00 for resident family member- ships and $12.50 forresident single i- aemberships untilAucgust !, ISS71 and thereafterihe ra would be $30.00 for resident family membership and $15.00 for resident single membership. Voting. in favor were: Mayor Cohen, Councilmen Leary, Ausen and Willard. Voting against were; none. Motion carried unanimously. A discussion ensued at which time it was asked if the fee rate was Intended to Include the 3% State Sales Tax, Following a brief discussion a motion was made by Councilman Leary and seconded by Councilman Ausen to amend the fee rate schedule such that it does include State Sales Tax in the price. Voting in favor were; Mayor Cohen, Councilmen Leary, Ausen and Willard, Voting against were; none. Motion carried unanimously, Motion by Councilman Ausen and seconded by Councilman Leary to adjourn the meeting, Voting ir. favor were: Mayor Cohen, Councilmen Leary,. Ausen and Willard. Voting against were: none. Motion carried unanimously. The Council meeting adjourned at 12.2 A. M, lerk I'll, Mayor ..5..