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HomeMy WebLinkAbout1975 02-10 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 FEBRUARY 10, 1975 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 :30 p.m. Roll Call Mayor Cohen, Councilmen Fignar, Kuefler, and Jensen. Also present were City Manager Donald Poss, Director of Finance Paul Holmlund, Director of Public Works Jim Merila, Director of Planning and Inspection Blair Tre-mere, City Attorney Richard Schieffer and Administrative Assistants Ron Warren and fames Lacina. Councilman Britts was excused. Invocation The invocation was offered by Reverend Fresh of the Berean Evangelical Free Church. Approval of Minutes Motion by Councilman Kuefler and seconded by Councilman 1-20-75 Fignar to approve the minutes of the January 20, 1975 meeting. Voting in favor were: Mayor Cohen, Councilmen Fignar, Kuefler and Jensen. Voting against: none. The motion passed unanimously. Declare Surplus The City Manager introduced the first item of business Property on the agenda, declaring two typewriters that had previously been budgeted for replacement as surplus property. He noted that it had been concluded to be economically advantageous to dispose of the machines through sealed bids rather than trade-in. Motion by Councilman Jensen and seconded by Councilman Kuefler to declare two typewriters as surplus property. Voting in favor were: Mayor Cohen, Councilmen Fignar, Kuefler and Jensen. Voting against: none. The motion passed unanimously. F.irjal Plat Approval Motion by Councilman Fignar and seconded by Councilman Kuefler to approve the final plat of North Metro Addition as submitted. Voting in favor were: Mayor Cohen, Councilmen Fignar, Kuefler, and Jensen. Voting against: none. The motion passed unanimously. MTC Shelter The City Manager next reviewed a shelter agreement Agreement between the City of Brooklyn Center and the MTC. He noted that the MTC plans to construct two bus shelters in Brooklyn Center and that as part of the agreement it is the City's responsibility to install the concrete slabs. He stated that the shelters would be located on the corners of Northway Drive and Xerxes Avenue and Humboldt Avenue and 69th, and that the approximate cost for force account installation of the slabs would be $110 each. He briefly reviewed the remainder of the agreement, making special note to an indemnification feature regarding claims against the City. -1- 2-10-75 Mot'on by Couuncl"Irnan Jensen and seconded by Councilman Fignar to authorize the City Manager and Mayor to execute the MTC shelter agn e ento Voting in favor were- Mayor Cohen, Councilmen Fignar, Kuuefler and Jensen. Voting against- none. The o- tic)n passed unanimously. The City Manager lntrod��c ed the next item of business Payment of Legal o,, the agenda, that of author " zing payment of legal fees Fees , nicurred by a Brooklyn Center police officer who, in the , �cc:)pe and cc arse of his employment, was involved in a ,,'evere peg �E)nal il ury accident involving an unusual set . r �u, Lances e ie a ;.tangy es z '``✓ o the 1969 linv stigation by the po,7 0e of r ( a twocar ,ntersectlon accident In wh,, --h !� Ct :re t c r t in an opposing traffic lase. n a' mp 9 a0 ascer he drive ability of the vehicle, ( .plc � �, r 1. paned to the vehicle, placed the trans- . -d . c at r `.rlto the park position, and turned on the ;,' wi erg pc the car sped forward dragging the police fff' --er, three c . ire'! Maur' the boulevard, and coming cc..,_ ,ng with a lip ,L s e o The parents of ore of F re"ra I,' fkf d for damages agaun�t the City of 13rc Ce _ er, the p l c fficer, and the owner of the w'.'a h rani a pick o 7 - he City of Brooklyn Center insurance insurance carrier, and the l* ' d-nq f:',_1e c -er ° au-to i 3 ' carrier, all denied d.ab and r;�� ed legal 't °",fe l s e to the police officer the darnage ,9 <v f.. ed by the i'rLIured child's parents. 1ly' C t" Manager re,A ewed that as a consequence the City G rs�eA fl , was author`z d to provide legal defense f(r the police officer. He reported that d lr-'Ing spring of 1974 ..." ,`a 1. Was 'h'eI , W"` -.!, sr n' ! i that the �_�i� °tee - Drano— e'sc �,(-ioie 1 9cr a p p „ ,; ate share cf an 'per was re level of personal TL M � "gag ;r rep�;,rt ... that the total cGs'L of � arnc $ 3,395.29, e,, l.:t e'`.�.. Cy;. 1,C:.A�,�:l spe�f��ar�y approve *'.,. �'t t� me s A� office y Sl. : 1 .0 "./ (J, �` .J (` �Y h r� G9 f' "3 / 7 •sa O ,{L' �' ( �` f \,J 1. �1. .� Sp's: rYn .. at the e1vaa e tactics of the insurance caWr�ero Councilman Fignar "t'P ,, S t'1$pe of accident :w ""'—e pa`.,`Ka9. a _ police e The Director of r wa t? e 0 o w ccr.tentior tha it had s.F '' .,., "U �'"' �i�. l Jl, " and that it was j ust rt �a ,. r co p 1 irp�c;t accepting the liability. C insurance pcllcles provides e. a N f tom'.' m Aerage e Councilman Jensen inquired b,, u_, re x / � g the r,cstL: from, the insurance carrier. The City a s-t- '- .mot e ecr (c> r c feasibility of such action ,,_' , r ,, :wed. Cou,'inc lman Jensen then stated that he felt , otc", gwlt +r attention of the Insuurance fiYTn g n e. ro A° eras the general consensus of the Council th6 4 " he Mc a ''� - �.` >'Q'' ate the e rn ®1111 feasibility of c,7"'ery and report tha ma tl-r t the. Insurance Commissioner. _ ._ � 7 5 _2® Mot t_`r 'by G( .'1.1;.1x1`.1. due ler a d, eco;`�ude , by GoLincilma le o. Attorney in the amount of $3 395 .29. a''` nq -n fa)ror v, e re— M ayor or !,_Iohen,, ...ricil"_t$`evi Hffler _ iqna"ar and jas:Vaaer" V btin q RESCLIITION �� �� .� e r( l\,'Iem =�e�r Bill l i�;" ~ar i �r�.���d€� �� ,�:�. ��.. k.vr F � q RESO1;,U'I'lON 371POR MIGA`4D DrsGLAR1,1N AP ka, The w, cn 1 thq adoption p'V.o, of the foregoing : a_> t , ont beings takor thavoun, the folowira int. intV in fa t T° Robe r; Q;=1ser;; and the following vatee s g6. it the same sC,!",.e, w;. er'u.prn s aid r'f° - , (72-.,tj.s.n , i a 73- 38 and moved it; adoptan, RESC31UTIO ACCEPTING WORK (CONll - RA ED E� C - 17�) , The Yncticn icr inn adoption of the foreguinq was d MY y s...a,;.,d. .,{. d b membe Rcbert h?�,,,< ..�I.:,O and v ote being tC, kt . er.,eev , th folio - o ing v..„m. c -n fa%'0 r . thereof I'C:A p> Cc:i.gen, plan +' Kuefli3r, F_ ,' ci Robert �t�r ._ '.r €° -j, th,7w following Voted agaLo th :s none, when p n said resol,,ition- was decidred July RESO V _ u ,{ s st 3 , ... 3. ,} � x, S ' *y- _. Q 3 a ,, . a ,v , C J Tq OF pp .. �.k L. x ..,.,. rA..d mss x. ..iT n.n .;'%Sn. ar C: t., on b x ro ,,, ag k .,.1erl 1 n '1n<..1. �' voted *- R.., . sa91ne, ., O o w;':i= r , p aba r~i sc -- lution 1>f a ; declar U d uly passe <a Member Rob o t, .ns T:en ...i.'.h .. -uxced he follow resolution RESCOI I ' TON )iREUTINO DISBURSEMENT OF A 2 0 1 85 0 a "ASI-I T:SC >ROW FOR CERTAIN SUBDIVISION IMPROVE - MENTS IN NORTHTOWN PLAZA 1ST ADDI'T`ION The mot on f.e adoption of the foregoing resolution waa duly seconded by member Tony Kue ler, and upon v€ to being s,a,ke thereon the following voted in favor thereof! Philip Cohen, Tony Kuefler Bill Fignar and Robert Jensen; and the follovving voted against the same- none whereup paid resolution way declared dul o � y passed and adopted. .. 2-10-75 ` h,e City Manager noted that tike. attached resolution wa's for Resolution purpose the f c j ?c aJj y creating position classifications Amending tc, which fe tornporary eriaplir>yees will be appointed ender 1975 Budget th Federal Cc; npr� hensi e Employment and Training Act as sponsored by Hennepin Cc rly. a He further noted that the appc- .nt'� e t � we . ld be trr a one year period and that the County s erved an a clearsaghc for the distribution of federai funds in adrnini.c terrng the program. He stated that ;,dry; the terms of the program, the temporary empley%ees =t be prf v ded full beneflt8 given to any full-time F� of the City, aFgd t�.at the G (�c�t of pr le .��ing th�`ie and the wages were r'yrrr�t % C " 'A �= m :;,?gra' o He also %: "!C t�:i d that it was rrec' ;sary tNo t here were L.,oL ee at ._ r a t C n If r" Y r n T 0 n m e nt,s ioI,r app H ca n * wan G a: ter, fcr at 30 days r 4 ,. �'�:. �, ,, a., z. _. P yr1 '�'yi oc ,' afld 1i'n �r ^� cencept of „ ;r s .;n el aft a n. hiring peop1 t The e C "ty Manager notgd that o A _ 2 w,03 wn03 CrAstod in department u where there L3 - n t i fur 1 ._._ Y a - a cn - 8hut ba .s and that the,, � _, 1u_ f:011 t :at erhject_ �7 a He alp, yyted &n .. ' : , .F, , -, ( par paticr 1.. program.. , jp'c�n xv , ., "pa_ de d w._.r , r _ , :...ng' in dilernas whanr tore, car i V . _. ! c. kn ..,he prcgra rri� when Mewher y my KaaLer _ , tr; , i_z the following RESOLUTION and mcvwd its adcptcw NO. 75-41, it SOL" AMEND "AG 97<,, WAGES AND SALARIES AND INT a ND T 0 . i. . 9 : 'z CAI F BUD wa�> ,.3_K Fi gnar o and ,prr vote being, la on, 7_ny Kw .v, q ;i _N as ar Ro 7r "9. - -!n; ar_d e _ ni,g Cunira1 o n _.f /KID! 31,1 0_ T hIF, I^ iii Appd ..L a t.,o _ ilfo 799 , , __ .° _ 0.0 s ., , , w,-is 5eeking a special u as _ " d % Im C a k.. M, ., the pr , p, e� sG r,r1g _, ;♦f ayv (o 1 9 75 . He noted that there was W&Y W 1ha Fia t. °_vn g Cc mrrrissio�, regarding re * . �, b, _a;c r e o He further com- - voted that _''n the applicant the fencing , .:, , Alan rnpkrod and that at th ,' t] was in god condition. ,. r v i..a`': w' ? to the fencing adjacent to Di rec t cr o f Planning and it "PAvNqr Y 6 that ba.; :,i new fencing would be this area, :.* KnAd be reviewed by the Planning a inn7actcn Departm Z-12- -4- Mayor Cohen noted that the notified property owners were not present to speak either for or against the application. Act Approving Motion by Councilman Fignar and seconded by Councilman Planning Commission Jensen to approve Planning Commission Application No. App ,lcat on No. 75001 75001 subrrr'tted by Bob Ryan Oldsmobile subject to the (Ryan Olds) following conditions: 1 . The permit is issued to the applicant as operator of the enterprise and is not trans - ferable. 2. Th :: permit is subject to all applicable ordl ar.o:e requirements, and violation then a• -,f shall be grounds for revocation. 3. Req screening between the site and the abutting residential property shall. be properly maintained to assure ,structural and aesthetic integrity. Voting iri favor were. Mayor Cohen, Councilmen Fignar, K and Jen Voting against. pone. The motion passed unanimo -usly. ,a:°; ling Comm ys: on The next apph considered was application No. Az :a ti, c n Noo 3041 73041 submitted- by Northbrook Nursery. The Director "Nor *!lbrcck Nor -pry) oaf, Planning and Inspection, noted that this application was for a special use permit to operate a nursery schocd at the location of 6240 Aldrich. Avenue Noah. He noted that this apph -atio n was considered on December 17, 1973 by the City Council and that a condition of twelve, months duration was imposed at that time. He further stated fly - yat the permit wa ss ssuea on February 1, 1074 after a rt. ymber cr code deficiencies had been rectified and t the. app i Z aticn was s°ubm.itted for renewal at Ho stag, "d that e school served approximately 134 d "i r ne ,,, in, sev eral �epar'ate sessions c ri sisting ¢)f a maxim u 0 chJ per ,E�s ,ions. Councilman. 3,rq .,, a2 to a °v 'mitat: °,oni on the maximum giber of :x, o The Director of Planning and Xn speot" r° ,f -, nded by notii,ng that Northbrook Alliance Chxrc1u had amp; *e faci "I.es to accomodate a school -type -set!lp, and that in fact they did use the Sunday School r e ,-- for ti p' ,,.rpose. Cou�nc.:,lman Jensen. inquired relative to sue serving of food and preparation of food on t preur �,s o fhe Director of Planning and Inspection ressponde,d by nc tN ng that the s�.'.bject site was not approved for the preparation. of food and that, in fact, if the pre- paration of food was conducted on the premises they would need a food license and substantial upgrading to meet the necessary applicable codes. He further commented that food service at this time was on a bring- your -own basis. Mayor Cohen noted that the notified property owners were not present to speak either for or against the application. -- 2 -10 -75 Motion by Councilman Jensen arid, seconded by Councilman Action Approving K t approve Planning Cornmisssi n Application No. Planning Commission 7 304 1 ubru ted &,i, Northbr(,ok Nursery subject to the Application No. 73041 follcwing conditic-,,r�s. (Northbrook Nursery) a `."due will be field in compliance with al applicable state and local regulations and such compliance will be documented by the appropriate in pectiun agencies in the City 2. The operation sNall be in accordance with the provisions of the applicant's operating license, :a, Nrr!ent "r: r of 1l17h'ch shall be placed on file with tile City annualiy. — ,t in 'were, Mayor Cohen, Ccunc l en K efler pas sod oraMMOUSY. T E 9 EAYWYr r'f Fxa;` 7 . � ig and I spection next i ntroduced Planning Comirnsss } ior? q ?:s . ,i., r ., _, _,!: ! 6°9 a ;✓," �.. __ N 30' . °�,"brni �-,te�. by Appl c,atl.o�,� �'�,�I di 7 3 0 3 9 L .l' Mnntnssall Soh ci . He noted that this appli- WePe .,r e e pe,wnI 1,5;r the c pe a �s. _ . of t1A:., 1V1C:rnte s s (,)r.�,) Wad that the spe al se permi �� a �`>, wa a nd c ebrLax and cne of the condition. of he „_. � <:7,;;fI;_,i the City Council for renewal. lie � � „�._�_ that We W" u.x :vr» t operation c d & 29 Par n_. Vulading students and instructors. He stated that fl xy 1"` i a m n was ;" nTpcL ed because of size and ,safety laq r f l e t regar v h f a c il ity . Wan M"'�� ra - a. t. d A.l.,_...d � r(rp-': t own, s`?r s were . tc speak .. k r for Or aga n vi t the appl is a td(:arn. j , nwnv an d . `yc�, nda� '._ ,E y =". f < qpy' Act_ Ai`.� { pr�; � � T Y� - ,l"g J P _, O ��aara a �i \.., ff ... "' .Y. A�.r �.d d, s'. .Ed .VVO Y cA 60 '�i a9 AppY�. Gs'� d.,Ro)n N. �g���3C w 9 _ 21 d k� l.,. J , r. ob o& tF three (LePeplriere Gar Wnr q,- Montessori), a mo t. �.., c , ,, '.J., 1;-'':. e I'd e, iri of pllan ce wit I . ):.!:,: 1e.;' ai rig :,f .c>;, and b Ww 6 " by ' EA aJ r A, .F _ y °�L .» _ 'll �� ..� ,� o de, .�i c Cit y 22 pars 3. The operation sha]l 4e In, acc with the prcmvicns of the ap 1..-ca is opera tiin license, r Y. be 2ub itt d to the City u r r ;r o May r Cohan, Co uncilm en JL + yy F Wha no o e X15 &0 1 C11'.4 Planrdr,,g Commds The next item considered was joint application Nos. Application No. 68032 68032 and 68057 submitted by King's Academy and (King Academy) a-711d Assemblies of God Church respectively. The Director No,. 68057 (Assemblies s of Planning and Inspection noted that these applications of God Church) comprehended a special use permit for the operation of a nursery He noted that the school was operated out of the King's Academy site, but that tircey 'utilized the facilities of th:, Ass�-mblres c.At God. (-,hurt . �.n the adjacent property. He also stated that the matters were studied together at the planning Commis but that due. to thee need for additional research to r -. ,, l'Are, speci.fJ.t.F cc=ndittt_ zlse of the use and plans, the matter of the! Kira ; ° s Academ appil"cation No. 68032 was tabled and acted on ,,epa The Directcr of Planninig a. ln pectior. "hen reviewed Appl.,cat on Nr a 68057, that of a spry lal, s = pOr -it, c", the Assemblies of God Church. He noted. that King's Academy 'cised F.he educational wing of the Assemblies f God Church for the operation of their nursery school. Hi -, .urther noted that the use was reca miner ed for not more t' an 20 st - ,Id nt 3 and that at present there was not an exceassiVe crriv%'ia of traf:r' s between the two He commentcd that the adjoln�ng property owners e pros- ed a concern the a -se of the side yard of the Assernbli.es of God Church, as a playground area. He stated that it was re, olvea by King's: Academy= and the n eigh - bons to u.si> the rear yard as a play gro d area inst of the ,side yard adj(cining .,.he R - uses. Mayor Cohen opened thy' meeting `gip for di cu,5 sio to notified property cwn,�r; , It was noted that none were present. t ,,xk r � ; May �r Cu hen �r. _,cc�gr_ �� ,�., Et�;�. a��r >xj. �a._ ,�, Mr. Zips, ar a bn,. , X; e lute ?S tr : ci t,d x3 ^ >(. R r , k &,-1 e s a s c. 0 - t,, pla }`gi und e p,,, ,,_ y stating ng hat at pr i , en t area. Mr. Zip c,� �:.�;�� no pruoiem and that tl y King's Academy: -he of the r by.kaft burht;od. and v e bi man Kexetler and seconded by Councilman. t a prG: t>> Planning Commission Application No. 68057 A_ t . a N ao t v. a > .ss�m . * ,d by A;., ,�umblren of God. Church 2,� to three 1. ?'h.o outside play activities shall be limited to those, areas other than the side yard south of the church and educational building. 2. The permit shall be subject to review by the Planning Commission at the September 1975 meeting. 3. The :use shall be limited to no more than 20 children. Voting iii favor were: Mayor Cohen, Councilmen Figrn r, Kuefler, and J ensen. Voting against: none. The motion passed unanimc usly. -7- 2 -10 -75 The City Council recessed at 5.45 poma and resumed at Recess 900 p.m. Mct on by CouncW,lman u(efler and seconded by Councilman Housing Commission Tansen tc confirm Mayer Cohen° s appointment. effective Appointment February 1 0, l 9 7 5 a of Rho l i s Rl'u.mme —r to a term as an at large member of the Housing g Commission a said term to expire December 31, 1977, Voting in favor were. Mayor Cchon, o Cc , ,nc lrnc9n F 1gnar Kuefler and Jensen. Voting a a.ln2t. ncnee The rnot on passed 'unanimo'usl'y. he C ,ty Manager next introduced the Housing Maintenance Housing _p Maintenance- << . an '�° Cr'dinanc : for a first reading, He reviewed anti Occupancy Cody: t he 4 5c qr -.,d ci the He kng Maintenance and Ccc upancy C i. s from to insephon .,: 196,8 to St:s� f ormal draft presented , c. .a.s. y .» years later. He :'r,c t that v arlons erafts and radra .a had been constr regarding o to Yrnt bein ..969 followed by subsequent .. _z° , in 1970, 1 9 72 o the appJ _ ., 'etme, t of a How ssi g Steering h Housing Cd `�`"'`.�s sio�� an 1973 and the f E'�.r�is' .raft 2, 1974'o o He r;�._ � 4 that _t wag on thr,8 draft -= h 1,97 /�,�: _x.1 �.:� < 7 � }rd,;� _-7, .��r w�`?_ �k,�i �, ,r�.`li"g was held '.',�� ,�'�v��e o !V it y. p ;"t f 'qa c ,. "_ prG ^'p(_ ed cc He ? hen noted thY the ad and _._ ,a t;; ,, dra r rec «.',n ,,nded rev1s ons r ar J " o�, t l-Ic , _ ,u n Comm on' waS p',t Ygother to >Vvary, 1975. lie Inted _ h _ _, ., wa ,_ a _ c mbinatl can c f the applicable u nar 5 mLar de., and regulations, anti that t r. r e "r cc des, wa.? � u U ed as references in compiling the a y !. "d- to fcr the Canter Ho ng Maintenance & Occipsar Or, ___ Lance Hd nctee that the basis for the urn a _ wa5 to prr sect the health, safety and public welfare by . - of e, a�(� C; �t «�' .,. ._.��i lie cut Znya lie cut- Z r e_ .,,._ .:t ,_ _: a H m ^rq Ord an.ce a ,- a _< _s e.. q a'r': K 1 Code way fcr i , ! ,._". ., ON ` Zr.h.�' wa_ : or Se _ ".,. ,a ,_c'e of already con2tructed n - ME. fie 0 an general objectoyes of the y TO : r Se t" 12-101 He commented OW On r : l < ~_ a _ ., e t_rdd,nanoe d. alt wlth rental w. °;r ed houaing. He 1Ux r1`P,S,'te ,n r Ana: tc tea: Cis r anti . units. He be ccnstrued tc) be a at .-v Vw all On 4 cc. , d �rloo�'., . o He nc t,-ed that I. nr .... ne used a s a ` h hatchet " or an agent g roup against another. He stated tro We !=artinn of cl ya to intrude in rental a.`:� °` ra a - �^ q �. ,. (_ he �. �wr Q ., .�,�.�� i,a��d���_)rd� re that MY h" nPeNal Nauw or ccntracts governing such. OR Uty Man h. yr acct <d that a vast spectrum of input 5d been u .<, tea _ ar in g the ordinance, He stated that m ajo rty , responna favored sach an ordinance but that there wh x4i w'd�l ut wad tE4ti stringent. He noted Ql active in compiling such an ordinance was Or a e , 51 ha< the enforceability factor. 2 5 - �:�Iypr C.�hen �the�.ltr��l�ced: �h�lrmar� l3awa�d Hof -the Ho s Corrim ss on� cited his commenter regafd ng the ordinance; Chair n °.Howard "reviewed the Corm - rnls Iona input and:. proceedings regarding the Hotu ing Maintenance and .Occup ncy Ordinance. He noted that the Commis: ion had .gone through an extensive learning process; on hou sing ; rriatters -prior arid - du;Fri1°ug .the;r&vi,ew of the Housina Ordinance. He commented that the problem of housing, was hot curable overnightand t_hat . there was no dGubt that the Commission could continue to refine- this ordinance bxlt that hr felt the :tire had nG -w comp for an ordinance.OfAhis nature, t( -be implemented to rernledy any preseh prayblems before they get worse..: He noted that the Cc)mmi aien felt this ordinance wa S applicable to the housing sit:�a,tion in Brookly' a Center. Mayor Cohen inquired to public. input regarding. the ordinance, Commissioner Howard responded by stating that the Housing Commission members served: on the Planning Commission neighborhood advisory groups and used th4 level as an initial response mechanism.-regard- ing the ordi He also stated that the ordinance was sent to apartmenrt: owner civic gro ps. and ,that a p.'41 c heari '.ng :held In Jane, 1974 and also that the probie,ms of _h o , _ - - idng, ' ,a , rA housIng maintenance ordinance Were addressed- *o,in a;recert Jaycees' sunrvey He commented that he felt there has been adequate time for criticism and npa,A of the ordinance at -the Ho-usinig : , Commission level. He noted that some of the response was negative b that he, felt the. majority was positive response and a recognition of a need for this type of an, ordinance. Chairman Howard commended the City Manager- staff, and Housing Commi'ssion for the effort and work that way- p .Lnte,, coao p'ling the drc,.u7­ert, and. als-c the Brookiy n Center Post for its help in publicizing the HG :sing Mayor Cohen tr s i igLulred regarding input from ether commission j. C h'airman Howard noted that he had c trie tl. ,man Rights Commi.� sion and trio ,r input regar,l`jing ce ftain language that was Bused in trxe ,Grd.'riar'ce. Mayer Cohen then rioted that it was i' per. :ive that, the time had come for the City Council tc take act,r.�n if,r the preservation of the existing housing t� o; i- BrooklA r Center. The City Manager noted that the ordinance would be el..10rc e,d with a sense of reasonableness in order to ach_ j ve effectiveness. He indicated that it was not the Mtention to over enforce this ordinance. The ; City Manager then continued with a lengthy review of the Housing Maintenance and Occupancy Ordinance. He noted that the block numbering of the various sections of the ordinance corresponded with the content of that section. He stated that this was done for a matter of quick reference in referring to the applicable parts of the ordinance. He reviewed the definitions section of the ordinance, noting that the definitions were fairly stan dardized and where applicable were consistent with the Zoning Code and the Health Code. There was a brief -9- 2 -10 -75 discussion regarding the definition of habitable rooms. The City Manager noted that this definition was relevant to the determination of the density requirem Councilman Jensen commented briefly on the term "unfinished basement" in the habitable room definition. The City Manager noted that the ordinance did not contain a definition for an unfinished basement, b -ut that it would be checked into. Mayor Cohen left the table at 10.10 p.m. ''The City Manager then continued with a review of the ordinance concerning the responsibilities of owners and occupant :s. He noted. that some of the language used in the ..Ede was of )Necessity subjective and, thus, possibly argu rne) two _-ive, but similar . ubject. was of necessity employed , the r cues such as the Health, Zoning, Sign and other cc.des wh1l, h are beling successfully implemented. Mayor Cohen returned to the table at 10.15 p.m. The City Manager then contin]�ed by commenting briefly on rcr,lent harborages and min imum heating capabilities and Tai: t He noted that the rodent harborage sections of the or I anze were directed towards untidy or unkept storage area s, and that the heating capabilities section was with the current standards of 68 degrees Fahrenheit. Co _ilman. Fignar left the table at 1.0.20 p.m. He farther commented that Section 12-314 REMOVAL OF SNOW AND ICE was amended at the - *uggesticn of the Hosing Commission to aliow for 24 hours after cessation of the snow- fall. He noted that it had previously been 12 hogs. Coy c II -na.n Fill 9Har r( . »d t( the table at 10025 p.m. The C ty Mani ;r t`! n cc._ �` ,� d with Section 12 -402. He st ated ' that sh�,i sect `on of the ordinance related to interior .cis es azad s tondard z� per J`�, ividual dwelling knit He iff.it the a - ;r co'n"cern in tf�i , aecti.c n was try fack "`'as, .t -chen areas, toilet fay i,tlp � 0 a Graz ,d t ac .1' s He also comment t �..,. s � � �.�, ', i ._ o 1. � �� t ha t it t�) a dwellllng unit and door locks, noting wa , f :?, t � c', i Lb`t the � ubdivision of dwelling wa' s �_. a hat ,ne mast go through another before reaching his, own. 'There was a brief s c ,,, n] th e u,rse and -1 y of door locks. It was noted c c � _ v i»�r t with the Building Code and C ( /Sa 1 of the Zc i' lg Ond inance for the R -5 districts. W , _ ra'! tom . , _. "_: ,4J� �`i !,J)n one and two of Section 12 -408 only appl)ed to rnl .ltiple family dwelling units, and t .t owner ccc2 pied single .fanr0tly dwelling units were only sal,r; t, nail tal ) afe iu n) do .ing locking devices. she Cji� Manager then cc t ued Wth Section 12 -502, noting that this sec.'ion contained minimum standards for ventilation ,�ind electrical servi� y)ti. He noted that Section 12 -504 con - t ,.:1ned the orrly cc dl on of sale requirem in the ordinance, r� qu`,ring a 60 arnp sen�,ice per dwelling unit as a condition rI sale. He then ,,, ont I n ed with the review noting Section i 2 -601 dealt Wth, thermal standards and again was in. w"th he c_xrent 68 degrees Fahrenheit temperature tan_,dar 2 -10 -75 -10- He them stated that Section 12 -700 dealt with a variety of matters on general requirements of foundations exterior walls and roofs, windows, doors, screens floors, interior walls, ceilings accessory structure maintenance, and general outdoor requirements. He noted specifi.oally that Section 12 -7:10 regarding grading and drainage contained a 2 hour drainage limit after termination of rainfall. He commented that this section, would have to be enforced in a reasonable fashion and that during spring time there would be no way drainage could occur in that period when the ground was freezing and thawing. lie them commented that Section 12 -711 regarding yard cover would also have to be enforced in a liberal fash],rn because of the language concerning prevailing neigr, onco standards He stated that he recur nixed thLl � rather nebulous language but at th , -m�e time 't seemed more positive than what had pre - vicusly been proposed. He next reviewed Section 12 - 801 relative to maximum density, minim _.m space and use and location requires eats . He nested that the occupancy limits were rather libe=ral and again established mmri im'ammm standard.;. He commented that the federal t'alndard of "overcrowding " is 1.25 persons per habitable rcc_rr wile thils ordinance cc� pre en.d 2 perso d s the m* ixi-'m'um. He further conimented on Section 12-804 the mrl..�dmum cei liing t e-ight.. He noted that any spare treat did not meet these minimu ceiijing req ,', ement� w.tu� not un.habitable space but merely oi.a not q ,, alify for the density requ ire me t_s , rAder c o upa ncy of habitable soacea. `the City Manager next reviewed the licensing pro oe .,r -; �� h .�x.�,� c i.r, h d"n.ance tcr rentaI _ n."t . He n c, t ya r:�.t try e i c ea wi .ld be re r ewable b eta .' aJ ly upo ri a.g n:i- VvF':.wy A a n " d that f ees wc, . ) "' s ru ',,r,,e one a &. ba yy,.. He co �_�teu' that the propcsed fern of a $112 fete for a ren ied - Ang]".a farnall.y dwell r -- and 5, 2 fer the first unit of a. two family dwelling , f <r !J s econal an' -1 p er buildin p lus � p er dwsyl1in � g p p -- g on Tn"i txpl «, family dwellings. He nctea that the .'oemm,ie ariniverti7aries would be staggered in such a way t at ,,n pe��c3r cnilo i:rspect the u.nitG upon renewal of lac onse and thy. 1. "he fees were structured in such a way sus as tc cover t Li cc t s r f these inzpectlon^s© He then n.rted treat Section, 12-908 and Section 12-904 ie�alt wit:rx the absentee landlord problem. He commented that in order fc r an ordinance of this nature to be enforce - anie, there m ast be a responsible agent for the City to contact rather than an absentee unavailable landlord. "here was a brief d iscussion relati t he license ., d �c true o t '. -'s ensign or revocation The C° Ma noted that p . City g there was a provision for a compliance order which served as a warning tag and a right of appeal in the event of uance of a hard tag. =11 2-10-75 The City Manager suggested that the City Council might wish to consider the randMat.ons of assigning a role to the a.dv lscry Ho 6ing Co rnrrx:'i Oslo °n in the appeals process, noting that one obvious disadvantage consists of the additional time consumptlon inherent in adding an additional review step Pr? rc to fi nal _ City Co ncil, d eci lsdon. Motion by CoYI nci. Jensen and seconded by Councilman, Fignar to continue the first reading of the Hip - using Maintenance and Occupancy Coke to February 24, 1975. Voting in favor were: Mayor Coh -,n, Cow c:'.1 nen Kuefler, Fign,ar and Jensen. Ming a aiv.2 o non;. The rn oti on passed unani mously. Member Robert ren,sen introduced the foll(::�wing orrd:nance ORDINANCE and moved its adcp iono Ri °Oa 75-3 A (ORDINANCE AMENDING CHAPTER a T HIT] CI `Y Cis 'UINC ib OF THE C11,Y OF BR®®KUYN CENTER DGES CRDAIN AS FCLLGWS S00 1. ":d hap e s is hereby a erfld ed as follow o Gfhwer5. I rA icers and the Fire Marshall %.tad frc the ranks of reg;_-Ilar f ir em en. g . �E.. �., Me Depart �� �.r� � of the City of Bra 4 �K Center w�hall have the following Wasaificaticris ef line officers Fire Chlef, Assistant Fire Chief, District Chiefs [Fire] Captains, [Fire L!eutenart,-'j a7,d such Met a a.Y be deerned necessary. DUTIES OF OTHER OFFICERS. Phe C aptairs and ieutena: t :.] I X-�-�tr iz t ChI efv a' ° -` � - Tt- [Fin Cap . i= , Di. tr ict C;jGjj and [ L >Voyantj C pt s° „hall ha cue rasperUb and shall perform SuC`,h duties a May be deingatal or a , by the Fire Chief. Se 2 . T ` n (-� .e effective after 620 0 and MV tKAW 00) days Wowing its legal publica® A n o 7 ,. Ve.e :,'�6..,s ., ii G:' 'em u.): ,'':.:.ar k , 0 o fc "r the adoption of the foregoing ordinance was b e_ t_ i r >y rr4j- anber B-11. t ignar, and upon vote being tak ert t herao n the _ h'wi g `vo tied in favor thereof. Philip Men. lorq Kuefleq ID Figrar and Robert Jensen; and ths j % r g voted ag at. the none, whereupon _b rdl , c-e was 3eclarad d, - - -Iy pasE3ed and adopted. 2 1 7 -12 ORDINANCE Member Tony Kxefler introduced the following ordinance NO. 75 -4 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 CHAPTER 17 The motion for the adoption of the foregoing ordinance was drily seoonded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof, Philip Cohen, Tony Kuefler, Bill Fignar and Robert Jensen, and the following voted aga: Est the same.- none, where- upon said ordinance was declared d %ly passed and adopted. CRD"NA�'CE Member Robert onsen introduced the following N(i' 75-5 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 minates and be a part thereof- AN ORDINANCE REGULATING THE USE AND OPERATION OF SNOWMOBILES AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF The motion for the ado a,tic. n of the foregoing ordia�ar -?ce was _ ly seconded by member Bill Fignar, and 'upon w.- to being takers thereon, the following voted in favor thereof- Philip Cohen, Tony Kuefler, Bill Fignar and Robert Jensen, and the following voted against the same, no, :e, where - 'upon said resolution was declared duly passed and adapted. ORDINANCE Member Tony KL�.efler introdL,ced the following erdinar.c.ii °0 o 7 � -0 and me Feel its adept ORDINANCE AUTITORIZING THE RELEASE OF DEED RESTRICT, IONS ON TRACT A, RLS :1201 , FILES OF THE REGISTRAR OF TITLES, HENNEPIN C( N' A, MINNESOTA THE CITY COT,INCIL OF THE CITY OF BROOKI:�L'N CENTTER. DOES ORDAIN AS FOLLOWS,- Section 1 a PREAMBLE. WH , ' . 2 7 , 10 a 0 the City of Br_o Ce nter c r6 the above captioned real estate, Ye, erv.Mg, to lt.`.`ae certain co and restrictions of t he p ro ) erty, automobile parking L s , an (:,t:hxr m att rso and W HEREAS jubseguent changes in the use to which tropeLty has been put mar said covenants and res trictions unnecessary and irrelevant, and WHEREAS, a public purpose no longer exists for t he cont retention by the City of Brooklyn Center of such covenants and restrictions, It is therefore determined consistent with Section 12 .05 o the City Charter to proceed as follows -13- 2 -10 -75 Section 2 0 That reservation of covenants and restrictions n the foollowing real estate° Tract A Re istered Land S�urvey I�Toa 1261 Files of Registrar of Titles ® Connty of FIennepin State of Mi.nn�sota o be and the same are hereby released to Arthur W Haqe C,�� trc�ti ®n Company and DeCoster Development Co moray f or a nominal consideration, said reservation of covenants -and L str�ctions be�n� described as follows- The iuse, of the premises shall be limited t o - g f`� stam ede center, parking for adjacert land owners and other Wises Ordi of Brooklyn Center, Minnesota ° relating to °C -1 Se District' i n effect as of fine .1 a 19�Q, This restric- t'ion may be enforced by first party (grantor) _'!„� �'ion or action for dainages bit , Lc i is n shall not work a forfeiture of title. Sect-'.cc 3 . This o:rd nance shall become effective after and tr °,r,)as following its_ legal p 0th a of February o 1975 e ,W fcr t' a a x «z.pt�e i of the foregoing ordinance war .1 -',y sE!oc� ,d ,ed by member Robert jensen and upon ,ca e being take thereon, the following voted in favor per �c fo Phil" Cohen, Tony K'- ,efl.er Bill Fignar and Robert Jensen; and the following voted against the same- was declared &ily pa 'sed M ._..,,.car ° 31 lS. ,. r, ....ct�4j the tcl'lowing RESOLUTION N O. 75 - 42 RFSGlU Sl FFORTING POLICE SELECTION STANDARDS S cif t" e foregoing resolution is cnJled by r�a per Bill Fignar, and - upon a take:.- t , -- r,�cn, the fc lowing voted in favc{r TCr Lefler, Bill Fignar and o d �1 ,.���. fog ( wa:"Ig Voted c1gainat the earns° Fti',i, re: is c -n, was declared duly n, o w - h ,, Conc,l to delete the Licenses Frk c °r.,,w e uses from the list s bmiI tted. Mot Coumcli a Je, yen and seconded by Councilman tcr apprc ve the 11cen, es excluding the Electric . ; c e nos ese �rc.c ac, Center Llcn Box 22433 ��° ✓��� 4566 - 58th Ave. K -Mart 5938 Earle Brown Dr. 2 . i3 -75 -14- CIGARETTE LICENSE Brookdale Mobil Service 5710 Xerxes Ave. D,,;ane's OK Tire 6900 Brooklyn Blvd. Duke's Standard Service 6600 Lyndale Ave. FOOD ESTABLISHMENT LICENSE Beacon Bowl 6525 Lyndale Ave. Berean Evan. Free Church 6625 Humboldt Ave. Bridgernan's Creameries 6201 Brooklyn Blvd. Brookdale Super Vale 5801 Xerxes Ave. Brookdale Theatre 2501. County Rd. 10 Brooklyn, Center Country Boy 4:401 - 69th Ave. Brooklyn Plaza C °Ine a Inc. 5801. John Martin Dr. Brooks S? perette 6800 Humboldt Ave. Brothers Bake an((. Deli. Brockdale Brothers- Re ata'- Br(yck dale Banger King 6110 Brooklyn Bled. Ch`iack Wagon Inn 5 72 0 Morgan Ave. Country Club Market 5x'15 Morgan Ave. Cross of Glary Ch`ai.rcoh 5940 Ewing Ave. Dayton' Brookdale Da alds(( n Brookdale D:Ioc,s Bra _ . Arrierl.ca`i: Legion 430 - 70th Ave. Happy Drag °,n Rust. 5532 Brooklyn Blvd. Harrc. -,r Method. st Churcnh 5452 Dupont Ave. Hot Sam Co. Broukdale n,d. Scohoc,l Di..' . 11 7020 Dupont Ave. Ind. School D. 279 6201 Noble Ave. I=�d. School. Di.:zt. 281, 5421, Brc.cklyn Biv . axh. School. Di,�t. 286 5900 Humboldt Ave. K Mart 5980 Earle Brown Dr. Ke lnt Fried Chicken 5512 Brooklyn Blvd. King'; Academy 6,120 Xerxes Ave. I'I 1,aCr )a r`y 5 84•,) Lyn ''ale Av L x'S bra k BPDwI 6,3 ;�° . Ll da Dr. Marc B.,g Bu y 5440 Brooklyn B'P;:a. Bckdale St eak Rc R,P 6040 Earle Brown Dr. P ,r 37 Eatl,- g I laco, 5' , `6 4 Logan Avy =~ . Pu p_4 Fresh Plr - Sharp 501 Xerxc: , A , y Roca & y . "rr s S­-V.3re"te 69:,2 Brcocklvn Blvd. R :`v A & W 69:37 Brooklyn Blvt . S .airy, Roeo,wc :k & Ce. Brookdale N ibwey ,eraf. Bell 5910 Sly ".mule Creek Pkwy. LIevek 41,1 - 66th, Ave. Shopper' , C -,! / Ba `e-y 3600 - 63rd Ave. Sa �ra,cr:,a �.7zo 1.90:1 -- 57th Ave. Taco Towne 6219 Brooklyn Blvd.. T c �,n ,, : 5001 France Ave. Uncle john's, Re ktaurrant 5919 John Martin Dr. Toe Williams Catering 3517 Hennepin Ave. F. W. Woolworth, Inc. Brookdale GASOL S STATION LICENSE Brr;okdale Mobil Service 5710 Xerxes Ave. Brooklyn Center Union 76 6840 Humboldt Ave. D OK Tire Service 6900 Brooklyn Blvd. Duke's Standard Service 6600 Lyndale Ave. Tom's Mobil 6849 Brooklyn Blvd. _15- 2 -10 -75 ITINERANT FOOD ESTABLISHMENT LICENSE C.E.A.P. Ball 4111 - 71stAve. NONPERISHABLE FOOD VENDING MACHINE LICENSE Al's Freeway 6545 Lyndale Ave. Anderson Automatics 4912 France Ave. B - K Vending Excel Machining 3500 - 48th Ave. Northern States Power 4501 - 68th Ave. Beacon Bowl 6525 Lyndale Ave. Bill's Julce Vending Holiday Inn 1501 - 65th Ave. Bill's Vending Service Brooklyn Center Shell 6245 Brooklyn Blvd. Brooklyn Center Union 76 6840 Humboldt Ave. Bond Tool and Die Co. 6840 Shingle Creek Pkwy. Brookdale Covenant Church 5139 Brooklyn Blvd. Brookdale Theater 2501 County Rd. 10 Brooklyn Center High School 6500 Humboldt Ave. Bro ,klyn Plaza Cinema 5801 john Martin Dr. Canteen Co. Gray Co. 6820 Shingle Creek Pkwy. North- western Bell 5910 Shingle Creek Pkwy. Cat Purr. 1600 - 65th Ave. Coca Cola Bottling Co. Amnarican Bakeries 4215 - 69th Ave. Bermel Smaby 6500 Brooklyn Blvd. Brookdale Car Wash 5500 Brooklyn Blvd. Donalds,on °s Car Care Brookdale Flrestone Brookdale Garden. City School 3501 - 65th Ave. Good Year Brookdale Holiday Inn 1501 - 65th Ave. K -Mart 5930 Earle Brown Dr. Bob Ryan Olds, Inc. 6700 Brooklyn Blvd. Sear Brookdale Schr <a °;v 6121 Brooklyn Blvd. Continental Sign. Co. 4315 - 70th Ave. Cc sk Pai °n:t 4800 North Lilac Dr. Cc nt.-y Club Market 5715 Morgan Ave. Crc:: i �. 1 Glory Church 5940 Ewing Ave. aavl-b s Water Equipment 4010 Lakebreeze D i 0K Tire 6900 Brooklyn Blvd. Dtx:ke °s Standard 6600 Lyndale Ave. R. E. Fn'11 Day c, ° Brookdale G ,, a Medal Be a h Apart 4201 Lakeside Bert Line Station 5001 Drew Ave. Brookdale Mobil 5710 Xerxes Ave. Brooklyn Center High 6500 Humboldt Ave. Excel Machining 3500 - 48th Ave. General Ele.tric 6798 Shingle Creek Pkwy. Interstate united 6548 Lyndale Ave. McCullcch Co. 1800 - 65th Ave. McKee Station 6830 Brooklyn Blvd. Ralph's Super Service 6601 Lyndale Ave. Red Owl 5425 Xerxes Ave. Shopper's City 3600 - 63rd Ave. Snyder° s Bros. Dreg Brookdale Tempo School 01 Dance 6914 Brooklyn Blvd. Warner Hardware 2105 - 57th Ave. Bill West's Union 76 2000 - 57th Ave. 2- 10 -75 -16- Griswold Coffee Co, Dayton's Brookdale H & L Enterprises Earle Brown Farm Apt. 6100 Summit Dr. K -Mart 5930 Earle Brown Dr. Lynbrook Bowl 6357 North Lilac Dr. Moore Way Co. Arctic Metals 1800 - 65th Ave. Northwest Micro Film 6 840 Shingle Creek Pkwy. Pioneer Dist. Interstate United 6548 Lyndale Ave. LaBelle's 5925 Earle Brown Dr. Schramm's 6121 Brooklyn Blvd. Precision, Inc. 3415 - 48th Ave. Ralph's Super Service 6601 Lyndale Ave. Service Systems Corp. Northwestern Bell 5910 Shingle Creek Pkwy. Sirvend United Sprinkler 1700 - 65th Ave. Humboldt Avenue Standard 6900 Humboldt Ave. United Sprinkler 1700 - 65th Ave. PERISHABLE FOOD VENDING MACHINE LICENSE Brookdale Theater 2501 County Rd. 10 Canteen Co. Gray Co. 6820 Shingle Creek Pkwy. Northwestern Bell 5910 Shingle Creek Pkwy. Duke's Standard 6600 Lyndale Ave. Moore Way Co. Arctic Metals 1800 - 65th Ave. Whirltronics 3401 48th Ave. READILY PERISHABLE FOOD VEHICLE LICENSE King's Academy 6120 Xerxes Ave. Little Friends Day Care Ctr. 5 840 Humboldt Ave. SPECIAL FOOD HANDLING LICENSE Brooklyn Center Liquor Store #1 6800 Humboldt Ave. Brooklyn Center Liquor Store #2 6250 Brooklyn Blvd. Brooklyn Center Liquor Store #3 Northbrook LaBelle's 5925 Earle Brown Dr. Snyder Bros. Drug Brookdale Voting in favor were: Mayor Cohen, Councilmen Fignar, Kuefler and Jensen. Voting against: none. The motion passed unanimously. Adjournment Motion by Councilman Jensen and seconded by Councilman Fignar to adjourn the meeting. Voting in favor were: Mayor Cohen, Councilmen Fignar, Kuefler and Jensen. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned At 12 :10 a.m. i Clerk Mayor -17- 2 -10 -75