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HomeMy WebLinkAbout1972 04-24 CCM Regular Session 1 of the Proceedings of the City Council of the City of Brooklyn Center In the County of Hennepin and State of DYlinnesota April 24, 1972 The City Council met in regular session and was called to order by Mlayor Philip Cohen at 7 :45 P. M. in the Community Center Social lull. Roll Call; Mayor Cohen, Councilmen Ausen, Heck, and Britts. Also present were: City IV3anager Donald Poss, Director of Public Works James !, /Jerila, City Attorney Richard Schieffer, Director of 1' inance Paul Holmlund, Chief of Police Thomas O'Kehir and .administrative Assistants Blair Tremere and Daniel Hartman. IV +ayor Cohen announced that the first item of business was the public hearing relative to proposed improvements for FAI -94. He then offered a brief background of the deveiopment of the plans for the improvement project and then explained the format of the hearing. . The layor recognized representatives of the Minnesota Highway Department who presented the preliminary plans and who offered comments relative to the proposed construction schedule. The Director of Public Works then commented relative to the City's concern and stated that the staff was paying particular attention to the provision for adequate noise abatement. The Mayor then recognized Mr. Theodore j'illard, representing the staff of the lv etropolitan Council as well as representatives of the Metropolitan Transit Commission and the Office of the County Engineer. TL =ayor Cohen then announced that the hearing was open to the public and that the officials from the Highway Department as well as the City staff would attempt to answer questions, iv. Robert Jensen, 6330 Humboldt Avenue North, Mr. Don Johnson, 6242 Camden Avenue North, Mrs. Vveedman, 6401 Girard Avenue North, and lair. William Lundberg, 3119 - 64th Avenue North were recognized and commented relative to their concern for the protection of individual property owners as well as the effects of noise, fumes and the general aesthetic ramifications of the proposed highway project. Recognized also were Mrs. Ernee Executive Secretary of the Brooklyn Center Chamber of Commerce and I- r. Stephen Krogness, representing the Brooklyn Center Industrial Park, Inc. and 1 Jr. 211 Kowalczk, President of the Brooklyn Park Charrher of Commerce who read letters stating the position of the respective groups. After Council inquiry, Mayor Cohen reviewed the comments offered and stated that an official transcript was being made of the hearing and that individuals could submit, in writing, further comments to the Highway Department to be entered into the transcript. He then called for the establishment of a five to seven man ad hoc citizen group which would work with the City Council to develop advisory recommendations relative to the proposed upgrading of FAI -94. The City Council then recessed at 8 :55 P. M. and reconvened at 9 :30 P. LA. in the City Hall Council Chambers. The City Manager explained Planning Commission Application No. 72016 submitted by Bud Schlee'. He stated that the appldcant was requesting approval of a preliminary plat for the proposed Willow Lana Manor addition and that Application No. 72003, seeking a variance to divide th't.s property by metes and bounds, was denied by the Council on February 28, 1972 with a recommendation to the applicant that a plat would be required• 1' He stated that the applicant had met with the recommendations and had submitted a preliminary plat which appeared to be in order. Councilman Heck commented relative to the possible future upgrading of T. H. 169 and the ramifications upon the developed parcels along Lyndale Avenue North. The Director of Public ? %: orks commented briefly as to the utilities easements and suggested the requirement that they be shown on the final plat. He noted that there were no current plans to obtain additional right --of -ways by the Highway Department relative to any upgrading of T.H. 169. He further stated that in effect there were no means to reserve the land for possible highway upgrading at this time. In this regard the City Attorney responded to Councilman Heck that there was little recourse available for the reservation of the subject land for possible development of the roadway. Following further discussion there was a motion by Councilman Ausen and seconded by Councilman Britts to approve Planning Commission Application No. 72016 submitted by Bud Schlee subject to the following conditions: 1. Approval of the plat is subject to the requirement of the Platting Ordinance; 2. Approval of the plat is subject to approval by the City Engineer; 3. Easements for utility purposes will be indicated on the final plat. Voting in favor were: Mayor Cohen, Councilmen, Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The City Manager next reviewed Planning Commission Application No. 72030 submitted by Vern N. leaver. Fie stated the applicant is requesting approval of a Registered Land Survey and that the subject property is 81.5 ft. In width and 560 ft. in depth and is located north of 69th Avenue North between R. L. S. 1242 and Tisch's Addition. He stated that the tracts on the proposed plat conformed to the existing lots on either side. The Mayor then recognized the applicant and following a brief discussion there was a motion by Councilman Britts and seconded by Councilman heck to approve Planning Commission Application No. 72030 submitted by Vern N. vVeaver subject to the requirements of the Platting Ordinance and the approval of the City Engineer, Voting in favor were: Mayor Philip Cohen, Councilmen Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The City Manager next commented relative to a proposed resolution intended 'to grant approval to participation of the Brooklyn Center Industrial Park, Inc. in a Federal Rent Supplement Program for a proposed subsidized housing project south of the Civic Center. He briefly commented that the proposed project was a twelve- story, 122 unit building to be built in the R -7 district. He stated that the project is comprehended under the Housing and Urban Development "236" Program, wherein private enterprise develops and makes available housing which features rent subsidies to the tenants. He noted that certain subsidies such as prpe*ty tax advantages and low interest financing are provided for the developer. The City Manager further noted that the concept had been presented to the Human Rights Commission which had expressed the consensus at a non - quorum meeting that the project appeared to satisfy certain housing needs perceived in the City. -2- r He further stated that the proposal had been discussed with Superintendent Rossi of the Brooklyn Center School District informing them that the project would probably generate fifteen to twenty school -age children. He stated the reaction by Mr. Rossi had been that this would present no particular problems. The Mayor then recognized Mr. Harold Feuerhelm, representing Brooklyn Center Industrial Park, Inc. and Mr. James Trucker, representing Sheehy Construction Co. An extensive discussion ensued wherein ivar. Feuerhelm explained that all rent guidelines are established by the Federal Housing Administration. Responding to a question by ,,ayor Cohen he stated that if eligible persons for the subsidized units were not found, the units could be rented to higher income persons. Councilman Ausen inquired whether a resolution endorsing participation in this type of program would be required of each such applicant. The City Manager responded that he would so recommend. Further discussion ensued relative to the rent subsidy as well as to 50% property tax exemption for the project. Mayor Cohen then recognized kvTr. James Ordner, Chairman of the Brooklyn Center Human Rights Commission, who commented relative to the need for the project and for disseminating local information about the availability of the housing when completed. Relative to the establishment of waiting lists, priorities for potential residents, and general renting policies, Councilman Ausen asked Mr. Trucker whether all the residents of the proposed development could be from outside the City of Brooklyn Center. Uir. Trucker responded that it was possible, but not likely. Mr. Trucker further commented relative to, the view that the community, through the tax subsidy, was in effect supporting a needed service even though the facilities were provided by a private developer. I Mayor Cohen noted that due to the ramifications, of the Omnibus Tax Bill the City was possibly in a position of not being able to tax itself to provide the necessary and desirable supportive services for such facility. Councilman Britts inquired as to what the ramifications would be of the 50% tax subsidy upon the City relative to providing necessary services. The City Manager responded that the issue was currently being evaluated and that it was apparent there were many unknown factors, in that the proposed project would be the first one of its kind for the City. In response to a question by Mayor Cohen, Mr. Trucker stated that the time frame for the proposed development was approximately twelve to fourteen months. In further discussion Councilman Ausen commented that possibly the City should consider the establishment of a local Housing and Redevelopment Authority. Councilman Britts inquired as to what degree of Federal review there was concerning compliance with equal opportunity legislation such as the per cent of minority and low income persons. Mr. Trucker responded that the developer consistently attempted to comply with equal opportunity requirements with regard to the construction of the project as well as the occupancy standards. Councilman Ausen inquired as to what control the City had relative to the provision. cramenities as well as the over all design of the project. The City Manager responded that the input and approval of the City would be the same as for a non - subsidized project. -3- r Relative to the resolution approving participation by local housing owners in the Federal Rent Supplement Program, h ayor Cohen commented that the City was concerned that the structure should be of the highest quality obtainable. In the same regard Councilman Ausen voiced his concern with the possible policy or precedent which vD uld be established in approving such a resolution, in that there seemed to be an assumption that the proposed building was a quality development. He inquired whether the intent of the resolution could be revoked if evidence were found showing the project not to be of acceptable quality. He stated that since it seemed unclear whether a revocation was possible, there should be a determination of some standards or quidelines for approving the proposed participation. Councilman Heck stated that each application should be reviewed on its own merits and that if it were found that a proposed development was not of an acceptable quality the approval application could be denied. IU-:ember Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -47 RESOLUTION APPROVING PARTICIPATION BY LOCAL HOUSING OWNERS IN FEDERAL RQ4T SUPPLEMENT PROGRAM The motion for the adoption of tl`ie foregoing resolution was duly seconded by member Vernon Ausen, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Vernon Ausen, Howard Heck, and Maurice Brits; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Councilman Britts left the Council table at 11 :10 P. M. The City ?rianager commented relative to a proposed resolution intended to authorize the Mayor and City i / /anger to execute a joint powers agreement calling for Brooklyn Center participation in a Joint Data Processing Program. He noted previous discussions regarding the development of the concept before the Council as well as material which had been submitted to the Council members describing the proposal in detail. Councilman Britts returned to the meeting at 11:15 P.IVT. A brief discussion ensued relative to the Loral Government Information System (LOGIS) and the City Manager noted that the state was encouraging the system, but that the concept and joint powers agreement comprehended the need for the security of the data and use of the system and provided for local controls. Member Maurice Britts introduced the following resolution and moved Its adoption: RESOLUTION NO. 72 -48 RESOLUTION AUTHORIZING THE it/jAYOR AND CITY IV AJ NAGER TO EXECUTE A JOINT POWERS AGREEMENT FOR PARTICIPATION IN A LOCAL GOVERNIVENT INFORMATION SYSTEM, AND NAMING A DIRECTOR AND ALTERITATE DIRECTOR TO THE ORGANIZATION 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, Vernon Ausen, Howard Heck, and Maurice Britts; and the following voted against the same: none, whereupon said resolution wad declared duly passed and adopted. ..4� r Notion by Councilman Britts and seconded by Councilman Heck to approve the minutes of the March 27, 1972 meeting. Voting in favor were: Mayor Cohen, Councilmen Heck and Britts. Voting against: none. Motion carried unanimously. (Councilman Ausen abstained explaining that he was not present at the March 27th meeting). The City 14anager next briefly discussed a proposed resolution intended to authorize the Director of Public Works to advertise for bids for certain sidewalk projects contained in the Walkway Network Program and previously reviewed by,the Council on April 10th. The Director of Public t%iorks then amplified his comments of April 10th and stated various revisions had been made in the program, namely the Project 1972 -6 comprehended that sidewalk would be installed on the north side of 63rd Avenue due to future water main installation on the south side. Relative to Project 1972 -5 he stated that sidewalk would be installed on the south side of Northway Drive from County Road 10 east of Xerxes Avenue to Xerxes Avenue since there was existing walkway on the north side, Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -49 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR SIDEWALK IMPROVEMENT PROJECTS NO. 1972 -1, 1972 -2, 1972 -3, 1972 -4, 1972 -5 & 1972 -6 AND DIRECTING ADVERTISEh6ENT FOR BIDS (CONTRACT 1972 -A) 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, Vernon Ausen, Howard Heck and ivaurice 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 -50 RESOLUTION ACCEPTING BID FOR FURNISHING BITUMINOUS OIL 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, Vernon Ausen, Howard Heck and Maurice Britts; and the following voted against the same: none, whereupon said resolution waa declared duly passed and adopted. Member Maurice Britts introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -51 RESOLUTION ACCEPTING BID FOR f,xEINFORCED CONCRETE PIPE 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, Vernon Ausen, Howard Heck and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Howard Heck introduced the following resolution and moved its adoption: REVOLUTION NO. 72 -52 RESOLUTION ACCEPTING BID FOR STABILIZED GRAVEL AND FINJLAGGREG,'yTE FO SEAL COAT -5- r 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, Vernon Ausen, Howard Fleck and h1aurice 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 -53 RESOLUTION ACCEPTING BID FOR PLANT -MD[ED BITUMINOUS ' VtIATERIAL The motion for the adoption of the foregoing resolution was duly seconded by member Howard Deck, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Vernon Ausen, Howard Heck, and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Mlaurice Britts introduced the following ordinance and moved its adoption: ORDINANCE NO. 72 -6 AN ORDI1 ANCE AMENDING CHAPTERS 7 AND 23 REGARDING RULES AND REGULATIONS Ala11) LICETvSING PROVISIONS FOR PUBLIC SWI1V1M POOLS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS; Section 1: Chapter 7 of the City Ordinances is hereby amended by the addition of the following: AN ORDINANCE ESTABLISHING RULES AND REGULATIONS AND LICENSI PROVISIONS RELATING TO PUBLIC S` -11111L%!JING POOLS Section 7 -201. 1ATINNESOTA DEPARTiJENT OF HEALTH REGULATION ADOPTED AS LAVI. Subiect to any specific modifications hereinaft set f the municipality hereby adopts by reference Minnesota Regulation MHD 115 a contained in the documen entitled "R ules and Re ulations of th Uiinnesota Department of Health Relating to Public Swimmi. Pools", adopted August 4, 1971, filed with the Secretary of State August-2, 1971, and filed with the State Department of Administration August 4, 1971, including all subsequent amend- ments thereto. Three conies of such regulation shall b filed and available for inspection in th Office of the City Clerk. Reference in l%rHD 115 to Board or Board of Health sh all be reT)laced by Gity Heal ± A uthority. Section 7 -202. LICEN REQUIRED. t,- sha be unlaw f or any person to operate or permit swimming in a Public swimming pool, regardless of whether a fee is charged for such use. unless the City of Brooklyn Center has issued a valid license therefor which is in Null force and effect. Such license shall be on display in the vicinity of the subj swimming pool or conveniently accessi se upon demand. Section 7 -203. APPL:CCATION FOR LICENSE. Application for a license hereunder shall be submitted to the City Clerk i such form and m anner as the City Clark m prescribe, Section 7 -204, LICENSE ECPIRATION AND RI;MVAL. Licenses issued under this ordinance shall expi on the l ast day of Apri ea ch year. License renewal applications s hall be filed with t he City Clerk -or to April 1 of each year" -6- Section 7 -205, LICENSE FEES. The annul license fee for a public swimming pool shall be as set forth in Chapter 23 of the City Ordinances. Section 7 -206, PENALTY. Any person violating the provisions of this ordinance may, upon conviction thereof, be punished by a fine of not more than three hundred ($300) dollars and by imprisonment not to exceed ninety (90) days. Section 2: Section 23 -010 of the City Ordinances is hereby amended by the addition of the following: Fee, (annual) unless otherwise Type of License Reauire_d by Section License ExtAres stated Indoor Swimming Pool privately owned) <? 1 April 30 75.00 Outdoor Swimming Pool (privately owned) 7 -201 April 30 $35.00 Section 3: This ordinance shall become effective after adoption and thirty days following its legal publication, Adopted this 24th day of April 1972. The motion for the adoption of the foregoing ordinance was duly seconded by member Vernon Ausen, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Vernon Ausen, Howard Heck, and Maurice Britts; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTIONV NO. 72 -54 RESOLUTION AUTHORIZING THE PURCHASE OF CERTAIN PROPERTY INCLUDED IN THE CITY QFL9, - SPAC 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, Vernon Ausen, Howard Heck and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -55 RESOLUTION AUTHORIZING TIME PURCHASE OF DIANN. OSA -82 PARCELS 4 AND 4A INCLUDED IN THE CITY OPEN - SPACE APPLICATION AND PAY1%4ENT OF RELATED COSTS 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, Vernon Ausen, Howard Heck and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -56 RESOLUTION AUTHORIZING THE PURCHASE OF MINN. OSA -82 PARCEL 2 INCLUDED I14 THE CITY OPEN -SPACE APPLICK ION AND PAYME=NT OF RELATED COSTS -7- The motion for the adoption of the foregoing resolution was duly seconded by member lvfaurice Britts, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Vernon Ausen, Howard Deck and h aurice Britts, and the vollowing 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 -57 RESOLUTION AUTHORIZING T'rIE PAVIVIENT OF COSTS RELATED TO THE PURCHASE OF NUNN. OSA -82 PARCELS 1, 5 5A, and 5B INCLUDED IN TIRE CITY OPEN -SPACE APPLICATION 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, Vernon Ausen, Howard Heck and Maurice Britts; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. A discussion ensued concerning Minn. OSA -82, Parcel 7. The City Manager stated that a decision was needed whether to dismiss the acquisition proceedings. It was his recommendation to abandon the eminent domain proceedings involving the named parcel. Motion by Councilman Heck and seconded by Councilman Ausen to abandon for reasons of high cost and relatively low priority the open -space land acquisition proceedings relative to those parcels described in Hennepin County District Court File No. C 1 -110 and also ]mown as Parcel 7 of Federal Department of Housing and Urban Development Contract No. Minn. OSA -82. Voting in favor were: Mayor Cohen, Councilmen Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. !� /Iember Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -58 RESOLUTION AUTHORIZING THE PAYiv_ENT OF COSTS RELATED TO THE PURCHASE OF MINN. OSA -82 PARCEL 7 INCLUDED IN THE CITY OPEN -SPACE APPLICATION 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, Vernon Ausen, Howard Heck and Tfiaurice Britts,; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager explained a claim which had been received by the City. l./lotion by Councilman Ausen and seconded by Councilman Heck to acknowledge the claim of Messrs. Robert Nygard and Thomas Gilmore, et al. and refer said claim to the City's insurance carrier. Voting in favor were: Mayor Cohen, Councilmen Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. Motion by Councilman Britts and seconded by Councilman Ausen to approve the following licenses: Heating and A ir Cond't.o Licens Allan Heating & Air Conditioning 5200 Eden Circle Commercial Air Conditioning Co. 707 So. 7th St. Deluxe Heating & Plumbing 1405 'V . 97th St. General Sheet Metal 2330 Louisiana No. Hoglund Mechanical Cortnt tor, l;z--. 7420 W. Lake St. -8- Heating and Air Cordition License (Cont'd) Horwitz 1viechanical, Inc. 1411 - 11th St. Mlill City Heating & Air Condition 13005E - 16th Ave. No. Minneapolis Gas Company 733 I. /larquette Ave. Fred Vogt and Company 3260 Gorham Ave. Gas Piping License Dylill City Heating 13005B - 16th Ave. No. LAinneapolis Gas Co. 733 h. arquette Ave. Fred Vogt and Co. 3260 Gorham Ave. Sian Hander License Gold Medal Beverage Co. P.O. Bo,. 3466 Lawrence Sign Co. 945 Pierce Butler Rt. Nordquist Sign Company 312 West Lake Street Cigarettee License I1 u L Enterprise 11517 Yukon St. N.W. Non - Perishable Food Vending License H & L Enterprise 11517 Yukon St. N.W. Brookdale Red Owl 5425 «erxes Ave. No. Food Establishment License Joe 'Williams Catering 3517 Hennepin Ave. Class "A" Motor Vehicle Dealers License Iten Chevrolet Co. 6701 Brooklyn Blvd. Pontiac of Brookdale 6801 Brooklyn Blvd. Class "B" Motor Vehicle License J.C. Penney Co. 1265 Brookdale Center Sears Roebuck and Co. 1297 Brookdale Center ZeeGee Power Sports, Inc. 4321 - 68th Ave. No. Voting in favor were: Philip Cohen, Councilmen Ausen, Heck and Britts. Voting against: none. h otion carried unanimously. The City iana er briefly commented relative to the City's continued Y g Y Y participation in a recently initiated Alcohol Safety Action Project in Hennepin County. lViotion by Councilman Britts and seconded by Councilman Ausen to adjourn the meeting. Voting in favor were: Mayor Cohen, Councilman Ausen, Heck and Britts. Voting against: none. Motion carried unanimously. The Council meeting adjourned at 12 :15 A. i. . erk i\ilayor -9-