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HomeMy WebLinkAbout1972 06-26 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 Minnesota June 26, 1972 The 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 Leary and Ausen. Also present were: City Manager Donald Poss, Director of Public Works James Meriia, Finance Director Paul Holmlund, City Attorney Richard Schieffer, Chief of Police Thomas O' Hehir, and Administrative Assistants Dan Hartman and Blair Tremere . Reverend Needham of Faith Community Church of God offered the invocation. The first item of business was approval of the final plat submitted by Mr. Bud Schlee. The City Manager explained that the preliminary plat approval had been granted under Planning Commission Application No. 72016. Following comments by the Director of Public Works there was a motion by Councilman Leary and seconded by Councilman Ausen to approve the final plat submitted by Mr. Bud Schlee. Voting in favor were: Mayor Cohen, Council- men Leary and Ausen. Motion carried unanimously. Councilman Britts arrived at 7:40 P.M. The next item of business was approval of the final plat submitted by David Baerg. The City Manager explained that the preliminary plat had been- approved under Planning Commission Application No. 72033. Following comments by the Director of Public Works there was a motion by Councilman Ausen and seconded by Councilman Leary to approve the final plat submitted by David Baerg. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen and Britts. Voting against: none. Motion carried unanimously. Member john Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -87 RESOLUTION RELATIVE TO SUBDIVISION BOND FOR THOMAS CONSTRUCTION CO. 2ND ADDITION AND BAERG IST ADDITION The motion for the adoption of the foregoing resolution was duly seconded by member Maurice Britts, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen 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 -8$ RESOLUTION ACCEPTING WORK {CONTRACTED BY CITY) The mo +ion for the adoption of the foregoing resolution was duly seconded by member Vernon Ausen, and upon vote being taken thereon, the following voted in fa-. thereof: Philip Cohen, John Leary, Vernon Ausen and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -1- Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -89 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) The motion for the adoption of the foregoing resolution was duly seconded by member Maurice Britts, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Maurice Britts introduced the following resolution and moved its adoption: l RESOLUTION NO. 72 -90 RESOLUTION ACCEPTING WORK (,CONTRACTED BY CITY} The motion for the adoption of the foregoing resolution was duly seconded by member John Leary, upon g and u n vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager next introduced the draft ordinance requiring fencing around outdoor swimming pools. He explained that the ordinance requiring such fencing had been considered on two previous occasions. He noted testimony had been submitted by those advocating stringent pool protection requirements and by those representing swimming pool owners. He further stated that informa- tion had been furnished regarding fencing practices in other communities and related accident incidents. He stated that the ordinance as presented recommends a reasonable set of regulations to accomplish the objective of inhibiting inadvertent and unin- tentional access. which could result in personal injury. Mayor Cohen determined that the Council would hear further public testimony, providing that it related to input other than that already provided at previous hearings. Residents of 5318 - 62nd Avenue, 6906 Toledo Avenue, 6306 Grimes Avenue, 6018 Zenith Avenue, 4201 - 66th Avenue, 3113 Lawrence Road, 2131 Brookview Drive, 4713 Willow Lane, 6019 York Avenue, 6012 Zenith Avenue, and 6539 Ewing Avenue presented their views relative to the draft ordinance. Motion by Councilman Leary and seconded by Councilman Britts to close the public hearing. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen and Britts. Voting against: none. Motion carried unanimously. The Mayor then proceeded to review the public discussion held and summarized the salient points. Councilman Leary stated his concern relative to the safety of above - ground pools versus the below -grade pools and noted that possibly some special provision should be made for above - ground pools. He stated that this would be in the form of an exception of all above - ground outdoor swimming pools that have minimum 4 ft. high, vertical or outward inclined side walls, and which provide sole access by means of a removable ladder, ramp, or stair which must removed when the pool is not attended. Cc,ancilman Britts and Ausen stated that they perceived a need for the ordinance and agreed with Councilman Leary's proposed exceptions. It was the consensus of the Council to revise the draft ordinance to include the exception as noted by Councilman Leary. -2- Following further discussion there was a motion by Councilman Leary and seconded by Councilman Britts to direct the staff to prepare a formal draft ordinance incorporating the concept proposed by Councilman Leary relative to the exception for above -- ground pools, and to resubmit the draft ordinance at the July 10th Council meeting. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen and Britts. Voting against: none. Motion carried unanimously. Member Maurice Britts introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -91 RESOLUTION' ACCEPTING WORK (CONTRACTED BY CITY) The motion for the adoption of the foregoing resolution was duly seconded by member John Leary, arjd upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen, and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passedand adopted. Member Maurice Britts introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -92 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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 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 -93 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) The motion for the adoption of the foregoing resolution was duly seconded by member Maurice Britts, and upon vote being taken thereon, the following voted in favor thereof : Philip Cohen, John Leary, Vernon Ausen and Maurice Britts; and the following voted against the same: none, whereupon sad resolution was declared duly passed and adopted. Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -94 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) The motion for the adoption of the foregoing resolution was duly seconded by member Maurice Britts, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen 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 -95 RESO ACCEPTING WORK (CONTRACTED BY CITY) -3- The motion for the adoption of the foregoing resolution was duly seconded by member Maurice Britts, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Maurice Britts introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -96 RESOLUTION ACCEPTING —_ C EPTING WORK (CONTRACTED BY CITY) 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 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 -97 RESOLUTION ACCEPTING WORK {CONTRACTED BY CITY} The motion for the adoption of the foregoing resolution was duly seconded by member Maurice Britts, and upon vote being taken thereon, the following voted In favor thereof: Philip Cohen, John Leary, Vernon Ausen 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 -98 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) The motion for the adoption of the foregoing resolution was duly seconded by member Maurice Britts, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen and Maurice Britts, and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Maurice Britts introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -99 RESOLUTION ACCEPTING WORK {CONTRACTED BY CITY} 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 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 -100 RE SOLUTION ACCEPTING WORK ,(,COI L,,,; „ &D BY C Ilr�wr The motion for the adoption of the foregoing resolution was duly seconded by member MauriceBritts , and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary,, Vernon Ausen 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- 101 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) The motion for the adoption of the foregoing resolution was duly seconded by member Maurice Britts, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen and Maurice Britts; and the following voted against the same: none, whereupon .said resolution was declared duly passed and adopted. The meeting recessed at 9 :00 P.M. and resumed at 9 :40 P.M Mayor Cohen recognized and introduced Mr. Don Tolve, former President of the Brooklyn Center Jaycees. Mr. Tolve presented to the Council two checks in the amounts of $161.44 and $315.35 from the Jaycees, to be used for purchase of park equipment and for the recreation program for the mentally retarded, respectively. The Mayor thanked Mr. Tolve and expressed the appreciation of the community for the interest and contributions made by the Jaycees. Motion by Councilman Britts and seconded by Councilman Leary to direct the City Manager to prepare a resolution acknowledging the gifts presented by the Brooklyn. Center Jaycees. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen and Britts. Voting against: none. Motion carried unanimously. r The City Manager next introduced Planning Commission Application No. 72020 submitted by Swanson Homes. He explained the applicant was requesting a rezoning change from R -1 to R -4 for the west 150 ft. of a parcel of land lying west of Lyndale Avenue North and between 72nd Avenue and 73rd Avenue North. He stated that the easterly 150 ft. of the subject property was rezoned from B -1 to R -4 at the time the Comprehensive Plan was adopted. He noted a letter dated May 18, 1972 had been submitted by Mr. William Hannay, Chairman of the Northeast Neighborhood Advisory Group, stating that the group would favor the proposed rezoning and expressed their concern that the, development be of good construction and that the design fit into the neighborhood aesthetically. +\J The City Manager commented that the applicant proposed to build an eleven unit townhouse complex on the property. He commented relative to the concern that the proposed rezoning to R -4 would tend to envelop the R -1 parcels to the north and south. He suggested that any rezoning consideration should comprehend the planned use of the entire area and not individual parcels. Administrative Assistant Blair Tremere commented that the Planning Commission consensus was that the entire area, including all the R -1 parcels neighboring the subject property should be rezoned R -4. He further commented that the Commission had recommended that the City Council initiate rezoning proceedings of the R -1 parcels adjacent to the subject property. The City Manager noted that the Commission had also been concerned about the possible upgrading of T.H. 169 and the ramifications for any residential development in that area. He explained that the Highway Department had not made a disposition regarding the upgrading of T.H..169. _5 «. An extensive discussion ensued and Mayor Cohen recognized the applicant who discussed the proposed townhouse project. There was further discussion relative to the nature of the rezoning and the feasibility of con - struction of townhouses in an R -4 zone. Motion by Councilman Leary and seconded by Mayor Cohen to approve Planning Commission Application No. 72020 submitted by Swanson Homes subject to the condition that the remaining R -1 lots north of 72nd Avenue North and westerly of Lyndale Avenue North also be rezoned. Further discussion ensued relative to the ramifications of the motion concerning the delay of approval of the present application, since the additional rezoning would need to be remanded back to the Planning Commission. Council- man Leary called the question. The Mayor called for a vote. Voting in favor were: Mayor Cohen, and Councilman Leary. Voting against: Councilmen Ausen and Britts. The motion failed. Following further discussion there was a motion by Councilman Leary and seconded by Councilman Britts to reconsider the previous motion. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen and Britts. Voting against: none. Motion carried unanimously. Motion by Councilman Leary and seconded by Councilman Britts to approve. Planning Commission Application No. 72020 submitted by Swanson Homes and further, to direct the staff to initiate rezoning proceedings for the remaining R -1 parcels north of 72nd Avenue and westerly of Lyndale Avenue North. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen and Britts. Voting against: none. Motion carried unanimously. Councilman Britts stated a concern relative to the age limitations for "adult night" activities at the Civic Center. He had become aware of some concern that the adult activities and adult use of the Civic Center facilities were open during certain periods only to those 19 years of age or older. A constituent had inquired why the age was not set at 18 years old, to conform with the recent changes in state laws regarding voting and other activities. Councilman Britts asked that the staff further research this matter and present the information to the City Council at a later meeting. Mayor Cohen commented that it seemed the issue could more appro- priately be referred to the Youth Advisory Commission. Motion by Councilman Britts and seconded by Councilman Ausen to refer the matter of age limitations for adult activities at the Community Center to the Youth Advisory Commission for recommendation. The City Manager commented that a change in the age limitation would have the effect of increasing Community Center use charges for 18 year olds. Councilman Leary concurred that any expansion of age limitation carried an implication of paying the higher adult fee for use of the facilities. Mayor Cohen called for a vote. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen and Britts. Voting against: none. Motion carried unanimously. Councilman Britts left the meeting at 11:05 P. M. The City Manager explained that the City had received proposals from various insurance agencies for Workmen's Compensation Insurance for the period of July 1, 1972 through June 30, 1973. He stated that the Finance Director had evaluated the proposals and had recommended there was no substantial reason supporting a change in carriers at this time. -6- Following a brief discussion there was a motion by Councilman Leary and seconded by Councilman Ausen to award the Workmen's Compensation Insurance to the Allied Mutual Insurance Company for the period of July 1, 1972 through June 30, 1973. Voting in favor were: Mayor Cohen, Councilmen Leary and Ausen. Voting against: none. Motion carried unanimously. Councilman Britts returned to the meeting at 11:15 P.M. The City Manager commented that previously developed proposals to realign the Brooklyn Center election precincts were rendered obsolete by the U.S. Supreme Court's ruling against the local Federal District Court reapportion - ment plan. He stated the local Federal District Court has recently issued a new reapportionment plan which had a similar effect to their original plan -- portions of Brooklyn Center are in two different Legislative districts. He further noted that the new reapportionment plan also granted a 30 -day extension to mid -July to permit local governments to realign their election precincts as they may desire. An extensive discussion ensued during which preliminary precinct boundary maps were examined. The City Manager stated that the staff would prepare a resolution comprehending the Council's consensus on the realignment of the voting precincts for adoption at a future meeting. The next item of business was the consideration of the status of the Brooklyn Center bus operation. The City Manager stated that the ridership was barely half that which was projected for the weekly summer average and that the losses were substantial to the degree that the approved subsidy of $2, 000 by the City and $2, 000 by the Metropolitan Transit Commission would only carry the operation through approximately mid -July. He stated the staff would further research the matter and would develop a recommendation for possible action on the continuation of cessation of the BCB operation. The City Manager briefly commented relative to the effects of the state Dram Shop Law and noted the possible ramfications for the City, given recurring attempts by minors to purchase liquor at the municipal outlets. He noted that as a result of one accident, for example, involving a minor driver who allegedly purchased liquor, a claim in the amount of $850,000 had been filed by the family of a passenger who was injured. A brief discussion ensued. Motion by Councilman Britts and seconded by Councilman Leary to approve the following licenses: Garbage and Refuse Hauling License Atlas Disposal Service 228 Master Street Alter Trucking and Terminal 2333 Rockingham Road Bergstrom Trucking 7135 - 56th Avenue North Boyer Garbage Service Hamel, Minnesota C & D Arneson Route 1, Rogers, Minn. Gopher Disposal, Inc. 3561 W. 44th Street LaBelle Sanitary Service 2939 Vera Cruz Ave. No. Oscar Langager 5717 Hampshire Avenue Mengelkoch Co. 119 N.E. 14th Street Ray's Trucking Service 4413 Crawford Road Robbinsdale Transfer Co., Inc. 4004 West Broadway D. Shobe & Sons 3621 - 85th Ave. No Woodlake Sanitary Service 228 Master St. Sw imminq Pool License Columbus Village 69th & Lyndale Ave. No. Lyn River Apartments 215 - 65th Ave. No. Northbrook Apartments 1302 - 1308 69th Ave. No. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen and Britts. Voting against: none. Motion carried unanimously. -7- The City Manager next introduced a draft ordinance amending Chapter 35 of the City rdinances b r concrete curb and utter to be installed on Y Y q g g the perimeters of driving and parking areas, He noted the intent of the draft ordinance was to provide for curb and gutter which conforms with the Minnesota Highway Department type "B-612". Following a brief discussion there was a motion by Councilman Leary and seconded by Councilman Britts to declare a first reading on the following ordinance: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES BY REQUIRING CONCRETE CURB AND GUTTER TO BE INSTALLED ON THE PERIMETERS OF DRIVING AND PARKING AREAS Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, and Britts. Voting against: none. Motion carried unanimously. Regarding Planning Commission Application No. 72018 and No. 72041, submitted by R.W. Steiner, the City Manager` commented that the attorney for the applicant had indicated some delay in reaching an agreement with Transcontinental Development Corp., relative to required easements. He noted that the matter would be deferred until a future meeting. Motion by Councilman Leary and seconded by Councilman Britts to adjourn the meeting. Voting in favor were: Mayor Cohen., Councilmen Leary, Ausen and Britts. Voting against: none. Motion carried unanimously. The City Council meeting adjourned at 11:50 P.M. i Cl rk Mayor I i -8-