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HomeMy WebLinkAbout1971 04-26 CCM Regular Session Minutes of the Proceedings the City Council of the City of Brooklyn Center In the County of Hennepin and State of MiMees to April 26, 1971 The City Council met in regular session and was called to order by Mayor Philip Cohen at 7 :37 P.M. Roll Call: Mayor Cohen, Councilmen Willard, Leary, Ausen and Heck. Also present were: City Manager Donald Poss, Director of Finance Paul Holmlund, Director of Public Works James Merila, City Attorney Richard Schieffer, Administra- tive Assistant Blair Tremere, Police Chief Thomas O`Hehir, Administrative Assistant Thomaa Loucks, Director of Parks and Recreation Eugene Hagel and Superintendent of Recreation Arnie Mavis. The first item of business consisted of the Mayor's appointment of members to the Youth Advisory Commission. Mayor Cohen stated that he had received from the Youth Steering Committee .a list of twelve recommended names for appointment to the Commission. Councilman Ausen commented to the effect that he was not prepared to vote in confirmation of the Mayor's appointments and that the City Council should have more information about the prospective members and have the opportunity to question them regarding their opinions of the role of the Youth Advisory Commission. Mayor Cohen then asked Marc Kruger, Chairman of the Youth Steering Committee, to review the procedure utilized by the Steering Committee in develop - ing recommended members for_ appointment by the Mayor. Mr. Kruger commented- that the Steering Committee had distributed promotional materials through the schools, Parks and Recreation Department, and local news media recruiting applicants for the Youth Advisory. Commission. He described that the resulting applications were screened by the Youth Steering Committee and that personal interviews were held with each of the applicants on April 14, 1971. Upon the conclusion of Mr. Kruger's presentation, Mayor Cohen noted that he was satisfied that the selection process had yielded a list of excellent member- ship recommendations and that he would make the appointments to the Youth Advisory Commission as recommended. Councilman Ausen commented to the effect that he was concerned that appointments to advisory commissions are made exclusively by the Mayor subject to confirmation by the City Council and that there is not sufficient in -put into the appointment process by individual Councilmen. He described a procedure where individual candidates for commission appointments are required to appear before the City Council and submit to inquiry. . Mayor Cohen commented to the effect that the matter at hand consists of the appointment of members to the Youth Advisory Commission and not the philosoph- ical matter of appointment. procedures to advisory commissions in general. Motion by Councilman Willard and seconded by Councilman Heck to confirm Mayor Cohen's appointment of the - following members to the Youth Advisory Commission effective April 1, 1971: One Year Terms: Marc Kruger 5842 Washburn Avenue North Dan Jordet 2900° Mumford Road John Heer 4200 Woodbine Lane Joan Zeller 7224 Halifax Avenue North Lori Sims 4001 Janet Lane Kay Hampton 6101 Kyle Avenue North ..1_ Two Year Terms: Tom Stover 1401 - 72nd Avenue North Kathy Kensinger 2619 - 65th Avenue North Kent Strand 6024 Dupont Avenue North Alan Erickson 6244 Brooklyn Drive Gene Brennan 3606 Commodore Drive Randy Grams 5830 James Avenue North Voting in favor were: Mayor Cohen, Councilmen Leary, Heck and Willard. Councilman Ausen not noting. Motion Carried. Motion by Councilman Willard and seconded by Councilman Heck to confirm Mayor Cohen's appointment of Mrs. Jody Flaa as an adult member of the Youth Advisory Commission for a two year term effective April 1, 1971 and the appoint- ment of Arnie Mavis as an adult member of the Youth Advisory Commission for a three year term effective April 1, 1971. Voting in favor were: Mayor Cohen, Councilmen Leary, Heck and Willard. Councilman Ausen not voting. Motion carried. The City Manager next stated that DFL Co- Chairman William Arrell has requested an appearance before the City Council to present a resolution relative to liquor licenses. Mayor Cohen then recognized Mr. William Arrell and Mrs. Viola Kanatz . Mr. Arrell read a DFL Club statement relating to liquor licensing policy and Mrs. Kanatz read the DFL Club resolution regarding the subject. After a brief discussion, the resolution was ordered placed on file. Mayor Cohen passed the gavel to Mayor Pro -tem Heck and left the Council table at 8:00 P.M. The City Manager introduced the next item of business consisting of a request from the Fire Department Relief Association for approval of the purchase of Associates Corportion of North America Bonds in the amount of $5,000.00 at an interest rate of 9.25% which will mature December 1, 1990. Motion was made by Councilman Ausen and seconded by Councilman Leary to approve the Fire Department Relief Association investment as set forth in a letter from the Association dated April 19, 1971. Voting in favor were: Mayor Pro -tem Heck, Councilmen Leary, Willard and Ausen. Motion carried unanimously. Mayor Cohen returned to the Council table at 8:07 P.M. The City Manager next referred to a resolution authorizing the purchase of swimming pool racing lanes for which $1,475.00 was appropriated in the 1971 budget, A discussion ensued concerning the anticipated scheduling of competitive swimming events and the related immediacy of need for competitive swimming equipment. - Councilman Willard suggested that since competitive swimming events would not be anticipated until later in tthe year. , tht purcha se of the swimming pool racing lanes- should be deferred until that time as a budgetary buffer against other unanticipated Community Center gquipnient needs. Comments pro and con were offered after which Mayor Cohen introduced the following resolution and moved its adoption: RESOLUTION NO. 71 -89 RESOLUTION ACCEPTING QUOTATIONS FOR FIVE (5) WAVE - s` k OUELLING RACING LANES 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 the following voted against the same: John Leary and Theodore Willard, whereupon said resolution was declared duly passed and adopted. 2 Mayor Pro -tem Howard Heck turned the gavel over to Mayor Cohen. The next item of business was Planning Commission Application No. 91008 submitted by Brooklyn Center Industrial Park (Allen Engineering) . The City Manager reviewed the item and indicated that the applicant is requesting site and building plan approval for an 80,000 square foot manufacturing facility with anticipated future expansion of 40 000 square feet to be located on James Avenue North, north of the existing warehouse buildings and west of the Northlyn Apartments. Following a brief discussion, a motion was made by Councilman Heck and seconded by Councilman Leary to approve Planning Commission Application No. 71008 subject to the following conditions: (1) That the portion of the approved site plan noted as future expansion be: a. graded, covered with six inches of organic top soil, and seeded with perennial fast growing grass; b. maintained in the same manner as all other landscaped areas in the parcel. (2) That if the construction of the proposed future addition does not take place within a three -year period, the portion of the site plan noted for future expansion must be sodded, land - scaped, and provided with underground irrigation consistent with existing ordinance requirements. (3) Building plans are subject to the approval of the Building Inspector with respect to applicable building codes. (4) Utility drainage and elevation plans subject to the approval of the City Engineer prior to the issuance of a building permit. (5) A performance agreement and a performance bond in the amount to be determined by the City Manager (shall be submitted to the City) to guarantee site improvement designated on the site plans. (6) That provisions be made in constructing the building to assure compliance with the ordinance sound limitation of 40 decibels at any property line. Voting in favor were: Mayor Cohen, Councilmen Leary, Heck, Willard and Ausen. Voting against were: none. Motion carried unanimously. The next item of business was Planning CommissionApplication Nos. 70067 and 70066 submitted by Village Builders, Inc. requesting rezoning from R -1 to R--4, and site and building plan approval for a`36 unit apartment complex to be; located at 53rd and Russell Avenues North. The City Manager reviewed the applications and indicated that the applica- tions were initially considered on March 8, 1971 and tabled to April 5, 1971 to allow time for the City Attorney to review the matter and to permit the applicant to consider an R -2 development alternative. He further noted that the applicant requested the matter be deferred from April 5, 1971 to this evening's meeting. The City Attorney then reviewed the various criteria relating to "spot zoning" as contained in the City Attorney's memorandum dated October 16, 1970. The City Attorney then referred to the comprehensive plan recommendations which states in paragraph 2, Page 25 related to the southeast neighborhood: "permit up to I and 1 -1/2 story apartment buildings at no more than twelve units per acre within the older portions of the neighborhood, but only at the intersection of collector or arterial streets. -3- Relative to other portions of the Comprehensive Plan, the City Attorney noted that on paged 25 and 26 under the sub - section Multiple Family Housing, certain guidelines were recommended for proper location of multi - family dwellings in Brooklyn Center. Mayor Cohen then recognized Mr. Dick Curry, agent for the applicant, who submitted a letter for the record from Hedlund Engineering Services regarding the soil conditions on the property, engineering difficulties to develop the property, and high monetary costs to develop the site at a townhouse type of density. The City Manager commented that the data presented in the Hedlund Engineering letter appears to be consistent with information the City has on the soil conditions on the property and would concur with their assessment of the situation. A discussion ensued at which time Councilman Heck noted that it appears R -4 zoning could be compatible with the existing R -2 zoning in the area east of Russell Avenue Noah. Mayor Cohen noted that the Council should be cognizant of the fact that if the parcel would be rezoned, any like parcels in the City must be given the same consideration. Councilman Leary noted that it appears that the parcel is enough unusual to qualify it for R -4 zoning and in reference to the Park and Recreation Commission and Planning Commission considerations, it would appear to be unfair to deny the request on the basis of open space needs since the City is not prepared to 4 tY P Pa P P purchase the ro for park. purposes. FAY Fax' purpo ses. Councilman Ausen commented that parcel does not meet all the criteria set forth by the City Attorney in his memorandum and further does not meet all the criteria set forth in the Comprehensive Plan. He then indicated that beyond the soil conditions consideration there is nothing that would persuade him that it would not constitute a "spot zone". The City Manager commented that beyond the problems of adverse soil conditions, the parcel has a rather unusual shape in that it is narrow in width (200 feet) and depth (600)feet and consequently not lendable to efficient R -1 or R -2 development, further, the parcel is totally isolated by park lands with little likelihood of expansion. Following further discussion, a motion was made by Councilman Leary and seconded by Councilman Heck to direct the staff to prepare a resolution approv- ing the rezoning from R -1 to R -4 encompassing the points set forth during the rezoning hearing and those points set forth in the Comprehensive Plan relative to multi - family dwellings. Those voting in favor were: Mayor Cohen, Councilmen Willard, Leary and Heck. Voting against: Councilman Ausen. Motion carried. The City Manager next referred to an Ordinance amending Chapter 23 relating to Public Dance` Licensing as previously directed by the City Council. Following a`brief discussion,- a motion was made by Councilman Willard and seconded by Councilman Leary to declare a first reading on the following ordinance: AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard.. Voting against were Motion carried unanimously: The City Manager next referred to an ordinance amending Chapter 35 which is intended to implement a rezoning action of the City Council on July 13, 1970 and August 31 1970 for property located on the east and west sides of Orchard Avenue between 67th and 68th Avenues North. 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 35 OF THE CITY ORNANC£S RELATIVE TO R -1, R -2 AND R -3 ZONING DISTRICTS -4_ Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen, Heck and Willard. Voting against were: none. Motion carried unanimously. The City Manager next referred to an ordinance amending Chapter 5 regard- ing references to open burning. Following a brief discussion a motion was made by Councilman Ausen and seconded by Councilman Willard to declare a second reading on the following; ordinance: ORDINANCE NO. 71 -5 AN ORDINANCE AMENDING CHAPTER 5 RELATIVE TO RUBBISH BU RNING THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 5 of the City Ordinances is hereby amended by the repeal of the following: [ Section 5 -301 RUBBISH BURNING RESTRICTED. no person, firm or corporation shall set or maintain any open bonfire or shall knowingly furnish the -materials for any such fire, or authorize any such fire to be set, kindled or maintained on any public or private lands or premises within the City of Brooklyn Center. The outside burning of rubbish or other combustible material is prohibited, unless such material is burned within a safely constructed burner or similar device designed to prevent any burning particles from escaping from the burner, and further provided that any burning in a safely constructed burner or similar device shall not be done within fifteen (15) feet of any flammable material, building, or structure and that such burning shall not be done between the hours of 12 midnight to 12 noon on any day. No person, firm or corporation shall under any circum- stances burn garbage.] i [ Section 5 -302 PENALTY. Any person violating any provision of this ordinance shall, upon conviction thereof, be punished by a fine not exceeding Three Hundred ($300.00) Dollars and imprisonment not exceeding ninety (90) days.] Section 2: This ordinance shall be effective after adoption and thirty days following its legal publication. The motion for the adoption of the foregoing ordinance was duly seconded by Councilman Leary, and upon vote being taken thereon, the following voted in favor thereof: Mayor Cohen, Councilmen Leary, Heck, Willard and Ausen; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. The City Manager commented that the City has an agreement with the law firm of Mastor, Mattson, Lindstrom, Hart & Seran on a retainer basis at the amount of $1,200.00 per year and that the City has not had occasion to use the firm's services for the past two years. He recommended that the Council authorize him to terminate the agreement with the firm. Following a brief discussion, a motion was made by Councilman Willard F and seconded by Councilman Heck to authorize the City Manager to terminate the retainer agreement with the law firm of Mastor, Mattson, Lindstrom, Hart & Seran. Voting in favor were: Mayor Cohen, Councilmen Leary, Heck, Willard and Ausen. Voting against: none. Motion carried unanimously. The City Council recessed at 9:30 P.M. The ,City Council reconvened at 9:40 P.M. Mayor Cohen then requested a point of personal privilege to respond to Councilman Ausen's earlier comments relative to the selection procedure for appointments to advisory commissions. The Mayor rejected the inference that in- adequate information had been presented with respect to past proposed appoint- ments to various commissions and stated in effect that it has been his policy to encourage Councilmen to submit appointment recommendations for various -5- commissions. The Mayor stated in effect that he has endeavored to make appoint- ments based upon a cross - section of the political, geographic, and social factors in the community and rejected any inference to the contrary. A discussion ensued during which Councilmen Willard, Heck and Leary commented to the effect that they found the existing appointment procedure satis- factory and successful and they expressed opinions to the effect that Councilman Ausen's comments were inappropriately timed before the assembled prospective appointees to the Youth Advisory Commission. Councilman Ausen responded in defense of his earlier comments, clarifying that he had not intended his comments to reflect adversely upon the prospective Youth Advisory Commission appointees. The City Manager noted that he had received on April 23,1971 a notice of injury from R.Allen James and Ruth James, parents of Stuart Jaynes who was injured in an automobile accident on December 24,1970. The City Manager further advised the Council that a claim may be filed against the municipal liquor store for an illegal sale of liquor, and further that the alleged injuries were the possible result of the alleged illegal sale of liquor. It was the consensus of the Council to acknowledge the notice of injury from R. _Allen James and Ruth James. The next item of business consisted of a recommendation by the City Manager to create a new position of Clerk - supervisor within the Police Department at a monthly salary of $ 815 per month. It wa s explained that the creation of such a supervisory position and the elimination of an existing Clerk- dispatcher position would relieve the Deputy Police Chief of the detailed supervisory responsibility of the Support Services Division. A discussion ensued after which a motion was made by Councilman Ausen and seconded by Councilman Leary to create the position of Clerk- supervisor within the Police Department at a maximum salary of $815 per month effective May 15, 1971. Voting in favor were: Mayor Cohen, Councilmen Leary, Heck, Willard and Ausen. Voting against were: none. Motion carried unanimou sly . The next item of business related to the impending lease expiration for Liquor Store No. 3 iodated in Brookdale Shopping Center. The City Manager informed the Council that he had been advised by Brookdale officials to anticipate a relatively extreme lease rate increase and consequently, consideration has been given to seeking and recommending a new liquor store site. It was reported by the City Manager that an attractive proposal had been offered by Northbrook Shopping Center officials and that a staff investigation revealed that the North- brook Shopping Center site would prove an attractive alternative to the existing Brookdale Shopping Center site. It was suggested that if a determination were made to locate a municipal liquor store in the Northbrook Shopping Center, the Brookdale Store should be allowed to run out its lease on January 31, 1972 and thereby take advantage of the high level of sales anticipated during the holiday season. It was reported that a similar relocation of Liquor Store No.1 presently located at 6445 Lyndale Avenue North is scheduled to be recommended during this calendar year. A discussion ensued during which the City Manager requested authority to negotiate detailed lease terms with the Northbrook Shopping Center for subse- quent review and approval by the City Council. Motion was made by Councilman Leary and seconded by Councilman Willard to authorize the City Manager to negotiate a proposed lease for a liquor store location in Northbrook Shopping Center. Voting in favor were: Mayor Cohen, Councilmen Leary, Heck, Willard and Ausen. Voting against: none. Motion carried unanimously. The next item of business consisted of discussion of Community Center policy. The City Manager commented that the Council had established a fee rate for family and single memberships to the facilities and requested that the Council resolve the matter of single use fees. Following discussion, a motion was made by Councilman Heck and seconded by Councilman Willard to set the single use fee at $1.00 per admission for persons 19 years of age and over and 50 for persons 18 years of age and under. Voting in favor were: Mayor Cohen, Councilmen Leary, Heck, Willard and Ausen. Voting against were: none. Motion carried unanimously. - 6 - Discussion then ensued regarding charges for use of the Community Center Social Hall. The City Manager concurred with the recommendation of the Park and Recreation Commission and Director that no charge be made for use of the social hall facilities by local civic groups; it was also recommended that the con- sumption of alcoholic beverages be allowed within the social hall on an individual permit basis. Upon discussing these concepts, it was the consensus of the Council that no user fees be charged for the social hall during the first three months of operation. It was also the City Council's consensus to defer" a policy decision on alcoholic beverage consumption in the social hall and to direct that written guideline pro- posals be developed and submitted in support of alcoholic beverage consumption. It was recommended by the City Manager that the Council adopt a policy whic would provide that no free or complimentary memberships to the Community Center facilities shall be. issued. He did recommend that non - resident full -time permanent employees of the City be offered family memberships to the Community Center at the a stabli shed resident fee rate. A discussion ensued during which Council members accepted the. recommen- dation against issuance of free or complimentary memberships but determined to defer considerationof offering family memberships to non - resident full -time perma- nent employees of the City. A motion was made by Councilman Heck and seceded by Councilman W' illard to establish the policy that no free or complimentary member- ships to the Community Center facilities shall be issued. Voting in favor were: Mayor Cohen, Councilmen Leary, Heck, Willard and Ausen. Voting against: none. Motion carried unanimously. Motion by Councilman Leary and seconded by Councilman Deck to adjourn the City Council meeting. Voting in favor were: Mayor Cohen, Councilmen Leary, Heck, Willard and Ausen. Voting against: none. Motion cexried iinan- -Iv. The City Council meeting adjourned at 12:30 A. M . Clerk Mayc r -7-