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HomeMy WebLinkAbout1971 06-28 CCM Regular Session Minutes of the Proceedirg s of the City Council of the City of Brooklyn Center In the County of Hennepin and State of ,Minn2sota Tune 28,-1971 The City Council met in regular session and was called to order by Mayor Philip Cohen at 7:30 P.M. Roll Cali: Mayor Philip Cohen, Councilmen John Leary, Vernon Ausen, Howard Heck and Theodore Willard. Staff members present were: City Manager Donald Poss, Director of Public X "orks James Merila, Director of Finance Paul Holmlund, City Attorney Richard Schieffer, Police Chief Tom O'Hehir, Administrative Assistant Blair Tremere and Administrative Assistant Tom Loucks. The invocation was offered by Reverend Nichols of St.Alphonsus Catholic Church. The City Manager recommended that the Council approve the cancellation of outstanding special assessments on a parcel of property recently acquired by theCity. He noted the amount of the assessment will be added to the internal assessment roles maintained by the Finance Director. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -122 RESOLUTION AUTHORIZ *NG CANCELLATION OF SPECIAL ASSESSME14T ON CITY PROPERTY The motion for the adoption of the foregoing resolution was duly seconded by member Theodore Willard, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Vernon Ausen, 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 recommended that the Council act formally to create a Transit Fund for the purpose of accurately accounting for transactions related to the infra -city bus program. It was noted that the $2500 share of the operating losses provided by the Metropolitan Transit Commission would become a part of this fund. A discussion ensued wherein Councilman Ausen inquired as to the nature and scope of the fund. Councilman Willard responded that a proposed $ 250 appropriation requested in addition to the City's $2500 share of operating losses was desirable to cover various ancillary expenses associated with the bus program. He stated that one such expense was publicity;tomotWn of the transit system. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -123 RESOLUTION ESTABLISHING A TRANSIT FUND 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 City Manager recommended that the Council take action to authorize the issuaf ce of a temporary improvement not to finance current construction. r Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -124 RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVEMENT NOTES 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. It was next recommended that the City Council acknowledge the gift of $ 500 from the Brooklyn Center Chamber of Commerce which was donated for the purpose of publicizing the Brooklyn Center infra -city bus program. Member Theodore Willard introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -125 RESOLUTION ACKNOWLEDGING GIFT 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 City Manager recommended that the City Council formally declare Thursday, July 8, 1971 as Business Recognition and Promotion Day in Brooklyn Center. He noted that this year the event will be conducted within the two -week Capital Projects Dedication Program. Member Howard Heck introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -126 RESOLUTION ESTABLISHING BROOKLYN CENTER BUSINESS RECOGNITION AND PROMOTION DAY 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 VVillard; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Mayor Cohen and Councilman Willard both stated that Mr. Loucks should be publicly commended for his efforts in developing and establishing a Brooklyn Center intra -city bus system. It was next recommended that the Council take action commending Police Patrolman Donald Mavis for his recent educational accomplishments. in securing a Bachelor of Science Degree from the University of Minnesota through the Brooklyn Center College Incentive Program. Member john Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -127 RESOLUTION COMMENDING PATROLMAN DONALD DAVIS OF THE BROOKLYN CENTER POLICE DEPARTME T -2- 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. Councilman Ausen expressed a desire to evaluate the College Incentive Program as it benefits the Brooklyn Center Police Department. The City Manager recommended that the Council approve a cooperative agreement between the Department of Natural Resources and the City of Brooklyn Center concerning a Mississippi River access site south of Interstate 94 bridge. He noted that negotiations have recently been completed wherein the State will construct a boat launching ramp in that area. He further stated that the State has agreed to bear the initial and any major replacement costs of constructing and installing such a ramp and that the City has agreed to provide access accommoda- tions and maintain the area. He also stated that the area is intended primarily for recreational use. Councilman Willard left the meeting at 6:15 P. M. A motion was made by Councilman Heck and seconded by Councilman Leary to approve the cooperative agreement between the Department of Natural Resources and the City of Brooklyn Center concerning the Mississippi River access site. Voting in favor were: Mayor Cohen, Councilmen Leary, Heck and Ausen. Voting against were: none. Motion carried unanimously. The City Manager next reviewed Planning Commission Application No. 70015 submitted by R. L. Ernst requesting rezoning to accommodate a proposed convenience center along the south side of 69th Avenue west of Humboldt Avenue. It was noted that the Planning Commission had extensively reviewed the application, that the Council had considered the matter on several occasions remanding it to the Planning Commission for further consideration, and that twice the Planning Commission had recommended denial of the application. A discussion ensued wherein it was learned from the applicant that a portion of the original land was no longer available to him, but that he had made arrange- ments to contract for land south of the proposed development. Councilman Willard returned to the meeting at 8:4 5 P.M. Mayor Cohen stated that this in effect constituted a change from the plans as originally submitted and that it should have been brought to the attention of the staff before presentation to the Council. The Council discussed the possible effect that rezoning the land south of 69th would have on the residential parcels north of 69th Avenue. In this regard, Mayor Cohen suggested that possibly the matter should be considered by the City Attorney. After further discussion, a motion was made by Councilman Heck and seconded by Councilman Ausen. that the Planning Commission Application No. 70015 be tabled until the July 26, 1971 Council meeting to allow the City Attorney time to formulate and submit an opinion as to the legal ramifications of the rezoning proposal as it would affect the properties to the north, namely the R -1 and R -4 areas. The City Attorney was also directed to review the present application in light of the previous convenience center application submitted by Viewcon, Inc. for a proposed development on County Road 14. Voting in favor were: Mayor Cohen, Councilmen Ausen, Heck and Willard. Voting against: Councilman Leary. Motion carried. The meting recessed at 9:40 P.M. and resumed at 10:05 P.M. The City Manager next recommended that the Council accept the proposal for 1971 -72 Workmen's Compensation Insurance submitted by Allied Mutual Insurance Company and award the 1971 -72 contract to them. -3- Motion by Councilman Heck and seconded by Councilman Willard to award the 1971 -72 Workmen's Compensation Insurance contract to Allied Mutual Insurance Company. Voting in favor were: Mayor Cohen, Councilmen Ausen, Heck, Leary and Willard. Voting against: none. Motion carried unanimously. The City Manager next referred to an ordinance amending Chapter 35 of the City Ordinances relating to Section 35 -1130 Multiple Family Residence District (R -4) . Following a brief discussion, a motion was made by Councilman Heck and seconded by Councilman Leary to declare a first reading on the following ordinance: AN ORDINANCE AMENDING CHAPTER 3s OF THE CITY ORDINANCES Voting in favor were: Mayor Cohen, Councilmen Leary, Heck and Willard. Voting against were: none. (Councilman Ausen abstained) Motion carried. Motion by !councilman Willard and seconded by Councilman. Leary to approve the following licenses: Itinerant Food Establishment: City of Brooklyn Center 6301 Shingle Creek Parkway Garbage Haulers License: Gordon Rendering 19 N. E. 14th St. Can -Sale Intoxicating Malt Liquor License City of Brooklyn Center 6301 Shingle Creek Parkway Sign Harmer License: Brede, Inc. 2211 Broadway N.E. Commander Board Minnesota 56 First Street N.E. Install Head and Air Conditioning Units: Commercial Air Conditioning Comp. - 707 So. 7th St. Key Plumbing and Heating 7212 - 77th Ave. No. Voting in favor were: Mayor Cohen, Councilmen Leary, Heck, Ausen and Willard. Voting against were: none. Motion carried unanimously. The City Manager next recommended a policy prohibiting smoking in certain areas of the new Civic Center. He noted that hopefully a policy approved upon a motion by the City Council would suffice rather than having the Council pass an ordinance prohibiting smoking in certain areas of the Civic Center. After a brief discussion, a motion was made by Councilman Leary and seconded by Councilman Heck to adopt the recommended policy statement prohibiting smoking in certain areas of the Civic Center. Voting in favor were: Mayor Cohen, Councilmen Heck, Leary, Ausen and Willard. Voting against were: none. Motion carried unanimously. The City Manager next reviewed a proposed policy statement regarding Community Center membership for non - resident owners or managers of Brooklyn Center businesses. He stated that he felt such a policy would promote harmony between the civic and business portions of the community as well as promoting the use of the facility. The City Manager noted that such memberships weuld be for non - resident businessmen who are ova ers or top management of businesses located in Brooklyn Center. It was explained that top management was intended to mean regional, district or general managers or those in similar positions. He recommended that the term of membership should be the regular six month term. After discussing the proposal, a motion was made by Councilman Heck and seconded by Councilman Ausen to adopt the recommended policy statement regard- ing Community Center memberships for non - resident owners or managers of . Brooklyn Center businesses. Voting in favor were: Mayor Cohen, Councilmen Leary, Heck, Ausen and WiUard. Voting against were: none. Motion carried unanimously. -4- Motion by Councilman Vuillard and seconded by Councilman Leary to acknowledge receipt of the Planning Commission review of the southwest neighbor- hood study report submitted by Midwest Planning and Research, Inc. Voting in favor were: Mayor Cohen , Councilmen Le arY, Heck , Ausen and Vuillard. Voting against were: none. Motion carried unanimously. The City Manager next explained the proposed area -wide law enforcement information system developed by the State of Minnesota Bureau of Criminal Apprehension. He said that the Bureau of Criminal Apprehension is proposing to upgrade its information system by changing the means of access to such information. He noted that Brooklyn Center and most other metropolitan area police departments presently have teletype access to the Minnesota Crime information System; however, the teletype terminals are now proving inadequate under the increased traffic loads, and the Bureau of Criminal Apprehension is proposing to implement a cathode ray tube terminal system which is infinitely faster and more sophisticated than the teletype system. The City Manager also described a proposed mobile teletype unit which could be installed in patrol cars and would allow privacy and speed in the trans- mission of criminal apprehension data. Mayor Cohen left the meeting at 10: 50 P. M. and returned at 10: 55 P. M. Mayor Cohen stated that the Council needs to provide the police with the proper tools to speed the checking of traffic and criminal data and to secure necessary information in performing their duties. The Mayor polled the Council and declared a consensus among the members to favor participation in the described police information systems. Councilman Willard left the meeting at 11:00 P.M. The City Manager discussed the future disposition of City property at 7100 Brooklyn Boulevard and at 6445 Lyndale Avenue North. He stated that two independ- ent appraisals had been made of these properties and he noted the range of the appraisals. For the land and the building at 7104 Brooklyn Boulevard, the appraisers listed the value at $85,000 to $96,000 noting that the parcel is zoned R-5, but could potentially be put into a C -1 use. This parcel consists of approximately l . 6 acres of land. For the land and the building at 6445 Lyndale Avenue North, appraisers put . the value at $80,000 to $95,000 noting that there was presently C -2 zoning and that the land might be best used in a package situation with other parcels in the area. This parcel consists of approximately one acre of land . The building at 7100 Brooklyn Boulevard was valued by one appraiser at $6,000 and by the other at $24,000. For the building at 6445 Lyndale Avenue North one appraiser placed the value at $16,000 and the other appraiser placed the value at $45,000. The City Manager noted that there are established Charter procedures relative to the disposition of public real property and the proceeds therefrom. He recommended that the Council declare the property as surplus and then proceed to market the property in a manner which would assure maximum return to the citizens as well as influence the future development of the surrounding areas, Councilman Vuillard returned to the meeting at 11:15 P M , Council comments were made to the effect that the City should not become a landlord by renting the properties. Suggestions were made that the buildings be demolished prick to offering the land for sale. Councilman Ausen suggested that possibly the building at 7100 Brooklyn Boulevard could be used on a temporary basis by a local group such as the Historical Society suggesting such use preferably be rent -free, but that such a group would be responsible for maintenance. -5- The City Manager next announced that he had received a proposed lease document for a municipal liquor store in the Northbrook Shopping Center. He commented that he is currently in the process of reviewing and evaluating that document. The Council next heard from Finance Director Paul Holmlund who explained that the City currently has a custodial agreement for securities with the Marquette National Bank, but does not have a formal written agreement with another City official depository, the First National bank of Minneapolis. He noted that an agreement has been drafted and he recommended that the Council approve this agreement. Motion by Councilman Ausen and seconded by Councilman Heck to form a custodial agreement with the First National Bank of Minneapolis. Voting in favor were: Mayor Cohen, Councilmen Heck, Leary, Ausen and Willard. Voting against were: none. Motion carried unanimously. The Mayor then asked if there was any discussion among the Council members on Councilman Ausen's proposal to modify the zoning variance procedure. It was the consensus of the Council that this matter should be scheduled at an earlier time on a future agenda. Motion by Councilman Heck and seconded by Councilman Leary to adjourn. the meeting. Voting in favor were: Mayor Cohen, Councilmen Leary, Heck, Ausen and Willard. Voting against were: none. Motion carried unanimously. The Council meeting adjourned at 11:40 P.M. Clerk Mayor -5- r