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HomeMy WebLinkAbout1971 10-01 CCM Regular Session Ivinutes of the Proceedings of the City Council of the City of * rooklyn Center In the County of Hennepin and State of Minnesota November 1, 1971 The City Council met in regular session and was called to order by Mayor Philip Cohen at 7 :40 P. M. Roll Call: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard,. Also present were: City Manager Donald Poss, Director of Public works James Merila, City Attorney Richard Schaeffer, Director of Finance Paul Holmlund, Chief of Police Thomas O'Hehir, Assistant Director of Public V.orks Gerald Butcher, and Administrative Assistant Blair Tremere. Reverend C. Thronson of Cross of Glory Lutheran Church offered the invocation. Mayor Cohen recognized members of Boy Scout Troop 540 of Fair Oaks School who were present. The Mayor also recognized a number of retired citizens who attended, and he introduced Mr. Herb Comstock, Chairman of the Brooklyn Center Citizens of Retirement Age. Mr. Comstock explained to the Council a project being undertaken by the Chamber of Commerce, which is intended to contact the senior citizens in Brooklyn Center and determine their needs and civic concerns via a questionnaire which was distributed to the Council for examination. -- Mayor Cohen then recognized Mr. Paul Ditter who is Chairman of the Steering Committee for the Retired Citizens of Brooklyn Center and Mrs. Ernee McArthur who is Executive Secretary of the Brooklyn Center Chamber of Commerce, lvjayor Cohen stated that it was evident to the Council that retired persons were offering a genuine input for the Council and the Council encourages the active participation of retired persons in providing necessary data for the establishment of policy. Following a brief discussion there was a motion by Councilman Leary and seconded by Councilman Heck to proclaim the month of November, 1971 as Citizens of Retirement Age lv onth. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and i1illard. Voting against: none, Motion carried unanimously, Mayor Cohen next recognized Mrs. Mary Jane Gustafson, President of the Brooklyn Historical Society. Mrs. Gustafson read a letter to the Council expre s sing the Society' s gratitude to the City for its cooperation in furthering the efforts of the Society and she announced the presentation of $50.00 to the City which was to be used for decorating the Civic Center in an "old fashioned" Christmas decor. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -209 RESOLUTION AC,,KNOWLEDCINC GIFT 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 Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Mayor Cohen left the Council table and handed the gavel to Mayor Pro -tem Howard Heck at 7;55 P. M. The City Manager recommended the adoption of a resolution intended to cancel special assessments on Catyparoperty, He noted the amount of the special assessments will be paid directly to the appropriate special assessment account from annually budgeted funds, -I- a Councilman Willard left the meeting at 7:58 P. M. Member John Leary introduced the following resolution and moved its adoption:; RESOLUTION NO. 71-210 RESOiUZ'ION AUTHORIZING CANCELLATION OF SPECIAL ASSESS- MENTS ON CITY PROPERTY 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: John Leary, Vernon Ausen and Howard Heck; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, Councilman Willard returned to the meeting at 8:01 P.M. The City Manager next presented a proposed resolution offered as a means of implementing a recommendation by the Brooklyn Center Human Rights Commission that its membership be reduced n number. Member John Leary introduced the foUo - wing resolution and moved its adoption: RESOLUTION NO. 71 -211 RESOLUTION AMENDING COUNCIL RESOLUTION NO. 68 -44 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: John Leary, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager explained a proposed resolution which was offered for the purpose of formally recognizing an existing environmental park task force and establishing the relationship of the task force to the organizational structure of Brooklyn Center and Crystal. He further noted that the resolution represents a tentative agreement with the City of Crystal regarding the terms thereof. He commented that the Crystal City Council had not yet approved the resolution but that the resolution itself had been reviewed by the City Manager of Crystal., A lengthy discussion ensued wherein Councilman Willard said the proposed resolution was compatible with the lease agreement between the cities and the Metropolitan Airports Commission with respect to the land used for the environmental park. Mayor Cohen returned to the meeting at 8:05 P. M. Councilman Ausen stated that he had certain reservations about the provisions of the proposed resolution. He inquired as to whether it was a Joint powers agreement, what the ramifications would be if the Crystal City Council should not approve the resolution, and why the responsibility was not directed toward the Park and Recreation Commission as this was an environmental park.,. Councilman Willard stated that such a resolution was needed to provide the volunteer task force with an explicit role definition which set forth specific responsibilities wit�� regard to the environmental park. Further discussion ensued regarding the role of the task force and its relationship to the City structure. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -212 RESOLUTION AUTHORIZING ESTABLISHMENT OF A TASK FORCE FOR THE DEVELOPMENT OF A WILDLIFE AREA AND ENVIRONMENTAL PARK ON PROPERTY ADJACENT TO CRYSTAL AIRPORT AND IMA'V1N PAR -2- 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, Howard Heck and Theodore Willard; and the following voted against the same: none, (Councilman Ausen abstained) whereupon said resolution was declared duly passed and adopted. The City hanger explained that public hearings had been scheduled and that they all related to improvements intended for the Earle Brown Drive within the Industrial Park, Director of Public 1A orks James Merila proceeded with the explanation of the various projects involved. The Mayor announced that the meeting was open for the consideration of proposed Sanitary Sewer Improvement Project No. 1971 -20. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks` publication thereof in the official newspaper, the last publication being on October 28, 1971, which affidavit was examined and found satisfactory and ordered placed on file. f The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member Howard Heck introduced the following resolution and moved its adoption. RESOLUTION NO. 71 -213 RESOLUTION ORDERING CONSTRUCTION OF SANITARY SEWER IMPROVEMENT PROTECT NO. 1971 -20 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 Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Mayor announced that the meeting was open for the consideration of proposed Storm Sewer Improvement Project No, 197121. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on October 28, 1971, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -214 RESOLUTION ORDERING CONSTRUCTION OF STORM SEWER IMPROVEMENT PROJECT NO, 1971 -21 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 Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Mayor announced that the meeting was open for the consideration of proposed V.�ater Main Improvement Project No. 1991 - 22. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on October 28, 1971, which affidavit was examined and found satis factory and ordered placed on file, The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -215 RESOLUTION ORDERING CONSTRUCTION OF WATER MAIN IMPROVEMENT PROJECT NO. 1971 -22 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 Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Mayor announced that the meeting was open for the consideration F of proposed Street Grading, Base & Surfacing Improvement Project No. 1971 -23. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on October 28, 1971, which affidavit was examined and found satifactory and ordered placed on file, The Nayro then called upon all property owners present to present arguments either for or against the proposed improvement. After hewing and considering all objections, and the property owners appearing in favor of said improvement, member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -216 RESOLUTION ORDERING CONSTRUCTION OF STREET GRADING, SASE & SURFACING MPR EME PRO' CT NO 1971-23 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 Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The Mayor announced that the meeting was open for the consideration of proposed Curb & Gutter Improvement Project No. 1971 -24. The Clerk produced an affidavit of publication of notice of hearing on the proposed improvement showing two weeks' publication thereof in the official newspaper, the last publication being on October 28, 1971, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon all property owners present to present arguments either for or against the proposed improvement. After hearing and considering all objections, and the property owners appearing in favor of said improvement, member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -217 6 " RESOLUTION ORDERING CONSTRUCTION OF CURB & GUTTER IMPROVEMENT PROJECT NO. 1971 -24 The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote being taken therm n, the following voted in favor thereof: Philip Cohen, John Leary,, Vernon Ausen, Howard Heck and Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -4- J Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -218 RESOLUTION ACCPETING BID AND APPROVING CONTRACT FORM (CONTRACT 1971 --E) 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 Theodore Willard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Motion by Councilman Willard and seconded by Councilman Ausen „ to approve the minutes of the October 5, 1971 Council meeting as corrected, Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and vdiliard. Voting against: none. Motion carried unanimously. Motion by Councilman Ausen and seconded by Councilman Heck to approve the minutes of the October 6, 1971 Council meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Ausen, Heck and Willard. Voting against: none. (Councilman Leary abstained because he was not present at the October 6, 1971 meeting.) Motion carried. The City Manager presented a proposed ordinance for first reading which would amend Chapter 2 of the City Ordinances and is intended to provide a degree of administrative discretion in disposing of unclaimed property held by the City of Brooklyn Center. He stated that the ordinance amendment is offered in response to a recent Council request. Following a brief discussion a motion was made by Councilman Heck p and seconded by Councilman Ausen to declare a first reading on the following ordinance: AN ORDINANCE AMENDING CHAPTER 2 OF THE CITY ORDINANCES RELATIVE TO DISPOSAL OF UNCLAIMED PROPERTY i Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. . Voting against: none, Motion carried unanimously. The City Manager next recommended the City Council approve the investment made by the Brooklyn Center Fire Department Relief Association in the amount of $15,,000,00. He stated the investment has been reviewed by the City Treasurer and found to be in conformance with State and local law. Motion by Councilman Willard and seconded by Councilman Leary to approve the recent investment by the Brooklyn Center Fire Department Relief Association in the amount of $15,000.00 Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and vVillard„ Voting against: none. Motion carried unanimously. The City Manager explained that the Green Giant Restaurant had requested reconsideration of its application for an on -sale liquor license in Brooklyn Center. He noted the initial application and license fee was left on administrative file since August 23, 1971 when a motion to issue such a liquor license failed. Mayor Cohen commented that for the Council to adequately reconsider the application it would need to table it to allow time to examine the provisions of the recently passed state tax legislation requiring recertification of the 1972 budget and the ramifications for the City. He stated that a major concern was the City's ability to provide the necessary additional services which would be required and how much the services would cost, Councilman Leary stated that possibly the amount of the license fee itself could be used to cover additional financial demands arising from the new tax legislation requirements. -5- Councilman Heck said that an entirely different situation exists now than existed when the Green Giant liquor license application was first considered. He said that the Council needed to evaluate the effects of the tax legislation first. The Mayor next recognized Mr, Van Rossum who represented the applicant. Mr. Van Rossum stated that it is the applicant's feeling that the continued operation of the Brookdale restaurant without a liquor license is not feasible, and that the applicant intended to commence a search for buyers for the restaurant should the application be denied. He noted that the applicant would appreciate a definite decision from the Council, either approval or denial, and that an action to table the action further would be perceived as a denial. Councilman Ausen stated that the Council should not adopt the posture of discouraging development in Brooklyn Center because of possib ramfications of the tax legislation and that this would seem to be the Council's intent if the application were denied, at least to potential developers. He questioned whether the costs of possible additional necessary services were prohibitive, and he stated that possibly the amount of the license fee could be applied to cover any such costs, Mr. Van Rossum stated that if the application were denied or even tabled, it was the intent of the applicant to withdraw the license application and that there was no intent to renew it. Councilman Willard said that his original analysis of the application was based on certain pursuasive arguments both for and against the issue of the license. He stated that it appeared now that the applicant's claims about the bearing of a license would or would not have on the financial success of the restaurant were substantially different than those made in August, C:)uncilman Willard said he had earlier commented to the applicant that they await future developments in the City, namely, to see how many other liquor license applications would be made, as well as other events., such as the situation which has arisen because of the newly passed state tax legislation. <' Councilman Willard further explained the circumstances which have pernAtter: him to remain on the Coua ,, primarily for providing an input for the budget hear- ings, ate _ stated that because of the importance of the present question he felt he could not in good faith decisively act on the question, but rather leave such action to his successor. He stated that he was in favor of tabling the issue. Councilman Leary said that the situation created by the state tax legisla- tion was unfortunate, but that the Council should act on the matter without delay so that at least a determination could be made as to whether the restaurant operation would be continued. .Following further discussion Councilman Leary moved and Councilman Ausen seconded that a definite "yes" or "no" decision be given on the application, Councilman Willard commented that the effect of the motion could not be to bind the Council to a position on any subsequent motion and asked for clarification of the intent. Upon further discussion the motion was withdrawn, Following further discussion there was a motion by Councilman Leary and seconded by Councilman Ausen to approve the liquor license application submitted by tie Green Giant Restaurant, in further discussion Councilman Heck noted that it was important for the Council to give serious consideration to the ramifications of the 1971 tax legisla- tion and that the present application should be tabled until the end of the year. Motion by Mayor Cohen and seconded by Councilman Heck to amend Councilman Leary's motion to table the matter, On a point of order as to the propriety of a motion to amend to table the main motion, Mayor Cohen asked Mr. Schieffer as parliamentarian to comment. Mr. Schieffer expressed the opinion that the motion to amend to table was Improper in that it created an internal inconsistency with the main motion. Accord- - .Ingly Cr. uncilman Hick , °.dthdrevr v.s socor_d and Mayor CohE; r� w .thdrew his motion. Motion by Mayor Cohen and seconded by Councilman Willard to table the license request until the December 6, 1971 Council meeting at which time the Council possibly will have reconsidered those portions of the budget regarding the City's ability to provide various necessary services related to the proposed restaurant operation. 6 The Mayor then called for a role call vote on the motion to table. Voting in favor of the motion were: Mayor Cohen, Councilmen Heck and Willard. Voting against: Councilmen Leary and Ausen. Motion carried, The meeting recessed at 9:55 P.M. and resumed at 10:20 P.M. The City Manager presented to the Council a resolution which was designed to comply with the City Council's directive of October 27, 1971 and was intended to establish an ice arena bond referendum, Councilman Willard stated that he was concerned with the implications of the new tax bill and that there was possibly a need to evaluate those possible ramifications before deciding on a December election for the ice arena bond referendum. Councilman Heck said that there was need to put the issue and all the available facts before the people and to let them decide whether they wanted to support such a facility. Mayor Cohen noted that time was of the essence, but that he felt the issue should be put before the voters before December 15th so that the Council would have an indication of the voters desires before the Council recertified the 1972 budget. The Mayor then recognized Mr. Leon Binger who reiterated his previous arguments in favor of delaying a vote on the ice facility, until more information could be disseminated to the public. He stated that, among other things, there was the matter of a study of a six month facility which the Council had directed the staff to present and that this presentation had yet to be completed. He further stated that the possibility of a joint facility with a neighboring community had not been completely explored. Mr. Binger also commented that if the Council were to approve a referendum, this would strongly imply to the citizens of Brooklyn Center that the Council, in fact, endorsed such a facility, and he stated that the possible consequences of the new state tax legislation should be thoroughly considered before a sizeable bond issue is put before the voters. The Mayor then recognized > Mr. Ed Theisen, Chairman of the Capital Improvements Review Board. He said that there appeared to be four options before the Council concerning the Ice facility: l A six month non - expandable facility; 2. A six month expandable facility; 3. A twelve month multi -use facility; 4. No facility at all, 1 i He stated that regardless of which option the Council selected, it was time for the matter to go before the voters for an ultimate decision. Member Howard Heck, stipulating that the amount of $800,000 should be inserted therein, introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -219 RESOLUTION DETERMINING TO ISSUE BONDS TO PROVIDE MONEY FOR .ACQUISITION AND BETTERMENT OF AN ICE ARENA AND PROVIDING FOR AN ELECTION AND DIRECTING NOTICE 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, Howard Heck and Theodore Willard; and - she following voted against the same: Vernon Ausen, whereupon said resolution was declared duly passed and adopted. Councilman Willard stated that because of the import of the Council's decision, and the possibility that it implied support of the proposal, the Council should make a statement disclaiming any individual support of the proposal and that such a disclaimer should accompany any literature Issued by the City explaining the issue to the voters. -7- i Councilman Leary left the Council table at 12 :20 A. M. The City lVanger next explained to the Council an extensive list of equipment and materials generally consisting of items displaced by the change in City Hall headquarters and no longer needed. He recommended that the list of items be declared surplus equipment and material to be disposed of in the best interests of the City of Brooklyn Center. Following a brief discussion there was a motion by Councilman Heck and seconded by Councilman Willard to declare as surplus the list of equipment and material which was displaced by the change in City Hall headquarters and was no longer needed. Voting in favor were: Mayor Cohen, Councilmen Ausen, Heck and Killard. Voting against: non. Motion carried unanimously. Councilman Vuillard left the Council table at 12 :25 A.M. The City 1 1vianager next reviewed for the Council the recommendation of the Park and Recreation Director that a piano be purchased for use in the Social Hail, He noted that the Council had authorized such a purchase in the 1972 budget, and that a piano meeting the various specifications was presently available from Northwest Organ, Inc. for $800, which would be payable after the first of the year. He stated that it was the recommendation of the staff that the Council approve the purchase. Following a brief discussion there was a motion by Councilman Ausen and seconded by Councilman Heck to approve the purchase of a piano for use in the Social Hall from Northwest Organ, Inc. for $300 payable after January 1, 1972. Voting in favor were: Mayor Cohen, Councilmen Ausen and Heck. Voting against: none. Motion carried unanimously. , The City Manager next discussed an item of mail addressing equipment which had been reviewed by the staff and which would substantially enhance the quality and efficiency of the City's various mailing needs. He commented that the Council had already authorized $850 in the Park and Recreation 1972 budget for purchase of a small, limited use model of the desired equipment. He explained that this appropriation could be used as the General Fund contribution toward the purchase of a larger capacity model intended to serve all of the City's mailing needs. He further noted that the total cost for the recommended equipment would be $2,400 and that upon acquisition of such the present addressograph mailing system would be phased out. After further discussion there was a motion by Councilman Heck and seconded by Councilman Ausen to direct the staff to prepare a resolution authorizing the purchase of the Scriptomatic Addressing System at a cost of $2,400 with $850 to be derived from the General Fund and the balance from the Public Utilities Fund. Voting in favor were: Mayor Cohen, Councilmen Ausen and Heck. Voting against: none. Motion carried unanimously. Motion by Councilman Ausen and seconded by Councilman Heck to approve the following licenser Bingo License Willow Lane P.T.A. 70th & Perry 'Ave. No. Voting in favor were: Mayor Cohen, Councilmen Ausen and Heck. Voting against: none, Motion carried unanimously. Motion by Councilman Heck and seconded by Councilman Ausen to adjourn the meeting. Voting in favor were: Mayor Cohen, Councilmen Ausen and Heck. Voting against: none.. Motion carried unanimously. The Council meeting adjourned at 12 :35 A.M. Clerk Mayor -8-