Loading...
HomeMy WebLinkAbout1982 08-23 HRAP HRA AGENDA CITY OF BROOKLYN CENTER AUGUST 23,•1982 (Following adjournment of the City Council) 0 1. Call to Order . 2. Roll Call 3. Approval of Minutes - July 26, 1982 4. Resolution Authorizing Condemnation of Certain Properties for a Senior Housing Project 5. Resolution Authorizing a Quick -Take Condemnation of Certain Properties for a Senior Housing Project 6. Adjournment r i c i E 4 r i 6 s x MINUTES OF THE PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION JULY 26, 1982 CITY HALL 0 CALL TO ORDER The Brooklyn Center Housing and Redevelopment Authority met in special session and was called to order by Chairman Dean Nyquist at 7 :30 p.m. ROLL CALL Chairman Dean Nyquist, Commissioners Gene Lhotka, Celia Scott,.and Bill Hawes. Also present were HRA Director Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, Assistant City Engineer Jim Grube and Administrative Assistants Brad Hoffman and Tom Bublitz. APPROVAL OF MINUTES - JUNE 28, 1982 There was a motion by Commissioner Scott and seconded by Commissioner Hawes to approve the minutes of the June 28, 1982 Housing and Redevelopment Authority meeting as submitted. Voting in favor; Chairman Nyquist, Commissioners Lhotka, Scott, and Hawes. Voting against; none. The motion passed, RESOLUTION N0: 82 -14 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION APPROVING TWO (2) BROOKLYN CENTER HOUSING REHABILITATION GRANTS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon the following voted in favor thereof; Dean Nyquist, Gene Lhotka, Celia Scott, and Bill Hawes; and the following voted against the same; none, whereupon said resolution was declared duly passed and adopted. AUTHORIZATION TO OBTAIN APPRAI-SALS:ON`STATE'LAND FOR ELDERLY HOUSING PROJECT There was a motion by Commissioner Scott and seconded by Commissioner Hawes to authorize the staff to obtain appraisals on the state owned land which is part of the site of the proposed Elderly Housing Project. Voting in favor: Chairman Nyquist, Commissioners Lhotka, Scott, and Hawes. Voting against; none. The motion passed. SELECTION OF HOMES FOR SOLAR DEMONSTRATION PROJECT The City Manager explained that the subcommittee of the Conservation Commission is prepared this evening to report on the Solar Demonstration Project proposed for the City of Brooklyn Center. Mrs. Barbara Jensen, member of the Brooklyn Center Conservation Commission, addressed the Council and explained that her report was a progress report on the Solar, 7 -26 -82 -1- i � Demonstration Project and that six homes were being recommended by the subcommittee of the Conservation Commission for the project. She proceeded to review the four goals of the solar project. She explained that Mr. Jerry Allen was retained as the Architect on the project and that October 15th of this year was the target date for completion. Mrs. Jensen reviewed the application procedure and pointed out that the hor.:es reviewed for the project were visited and evaluated for the appropriateness of solar technology. She explained'the Architect developed the preliminary plans for the project and that -on July 12th of this year the Committee of the Conservation Commission selected six sites to recommend for the project, Mayor Nyquist thanked Mrs. Jensen for all the work she,has done on the project. Mrs. Jensen then introduced Mr. Jerry Allen, Architect for the project, who explained to.the Council that the passive solar principle is to make maximum use.of the exposure to the sun. He reviewed the proposed plans for the six recommended sites for the Solar Demonstration Project, There was a motion by Commissioner Hawes and seconded by Commissioner Scott to approve the six homes recommended by the Conservation Commission subcommittee for the Solar Demonstration Project, Voting in favor: Chairman Nyquist, Commissioners Lhotka, Scott, and Hawes Voting against: none. The motion passed unanimously. ADJOURNMENT There was a motion by Commissioner Hawes and seconded by Commissioner Lhotka to adjourn the meeting. Voting in favor: Chairman Nyquist, Commissioners Lhotka, Scott and Hawes, Voting against: none. The motion passed. The Brooklyn Center Housing and Redevelopment Authority adjourned at 7:51 p.m. Chairman 7 -26 -82 -2- MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Brad Hoffman, Administrative Assistan DATE: August 20, 1982 SUBJECT: HRA Resolutions The HRA will be asked to approve two (2) resolutions Monday night. The resolutions authorize the condemnation of the remaining land and it also authorizes the use of a quick take of the land. It is necessary to make use of the HRA's power of condemnation in order, to assemble the land package for the Senior Housing Project. We have acquired through negotiations the Richfield Bank and Trust site. - The land referred to as the State land has a clouded title. The State holds an easement for highway purposes over the surface of the site. The under- lying rights remain with the former owners, most of whom are now deceased. This dual ownership of sorts can only be cleared through a condemnation process. The land belonging to Mr. Robert Schleeter is also included in our request. Mr. Schleeter's opinion of the value of his property differs significantly from ours. We will not be able to conclude a negotiated purchase of his land. The need to have the authority for a quick take is to make sure that we have possession of the land in a timely manner. If the HRA exercises this route, we obtain the land in ninety (90) days but we are forced to purchase the land at the award price. The quick take does not affect our ability to appeal an award. a i I i Member introduced the following resolution and moved its adoption: RESOLUTION NO. { / i ' RESOLUTION AUTHORIZING THE HOUSING AND REDEVELOPMENT �.%�� AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER TO UTILIZE THE POWER OF EMINENT DOMAIN IN THE ACQUISITION OF CERTAIN REAL PROPERTY FOR THE USE AS A HOUSING DEVELOP- MENT PROJECT WHEREAS, the Housing and Redevelopment Authority in and for the City of Brooklyn Center (the "Authority ") has determined that it is necessary to acquire the following legally described property see attached addendum in order to establish a housing development project, as same is defined and described in Minnesota Statutes Section 462.421, Subdivision 25 and Section 462.466, respectively; and WHEREAS, the Authority has determined that such housing development project will alleviate certain shortages in housing facilities for persons of low or moderate income which this Council has previously found to exist within the City of Brooklyn Center. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1.' Pursuant to Minnesota Statutes Section 462.466 the Authority is hereby authorized to exercise the power of eminent domain in the acquisition of the above described .seal property together with such appurte- nances as are defined in Minnesota Statutes Section 462.421, Subdivision 18. Date 'Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed adopted. j Member introduced the following resolution and moved its adoption: RESOLUTION NO.�.� RESOLUTION OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER AUTHORIZING CONDEMNATION PROCEEDINGS AND ACQUISITION PURSUANT TO MINNESOTA STATUTES SECTION 117.042 WHEREAS, the City Council of the City of Brooklyn Center (the "Council "), being the governing body of the City of Brooklyn Center (the "City ") and acting pursuant to the Municipal Housing and Redevelopment Act, Minnesota Statutes Sections 462.411 et seq. (the "Act ") did, on the 3rd day of December, 1973 hold a public hearing pursuant to Section 462.425 of the Act, wherein it considered evidence presented regarding the need for the creation of a housing and redevelopment authority within the City; and WHEREAS, the Council, by Resolution No. 73 -202 (the "Need Resolution ") and upon such above described evidence, did find, determine and declare that "there is a shortage of decent, safe and sanitary dwelling accommodations available to persons of low income and their families at prices they can afford "; and WHEREAS, the Council, by adoption of the Need Resolution did find that it was necessary to establish and create a housing and redevelopment authority; and WHEREAS, the Council, by adoption of Resolution No. 74 -1, did authorize the transaction of business and exercise of powers by the Housing and Redevelopment Authority in and for the City of Brooklyn Center (the "Authority "); and WHEREAS, the Authority is authorized by the Act to carry out housing development projects in order to alleviate a shortage of decent, safe and sanitary housing for persons of low or moderate income and their families as such income is determined by the Authority pursuant to the Act; and WHEREAS, based upon evidence heretofore and herewith presented the Authority finds, determines, and declares that there is not available within the City a substantial supply of decent, safe and sanitary housing P rovided by private enterprise without subsidy at prices or rents within the financial means of persons and families of maximum incomes referenced by Section 167(x) (3)(B) of the Internal Revenue Code of 1954, as amended, which incomes 'are' hereby declared to be low and moderate incomes; and WHEREAS, the Authority desires to acquire certain. real property; as defined in Section 462.421, Subdivision 18 of the Act and described as:, see attached addendum (the "Property "), for purposes of establishing thereon a housing development project; and WHEREAS, pursuant to Section 462.466 of the Act the Council has been requested to grant its approval of the use of eminent domain to acquire the Property. ~, RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Housing and Redevelopment Authority in and for the City of Brooklyn Center that: 1. It is necessary to acquire the Property in order to eliminate the conditions found by the Need Resolution to exist in the City. 2. That it is necessary to acquire the Property in order to alleviate a serious shortage, decent, safe and sanitary housing for persons of low and moderate.income and their families; that private enterprise is unable to alleviate such shortage and to provide a substantial supply of decent, safe and sanitary housing without g Y government subsidy at prices or rents within the financial means of persons and families of such incomes; that this shortage is inimical to the safety, health, morals and welfare of the residents of Minnesota and to the sound growth and development of the City. 3. That acquisition of the Property, together with any and all streets and alleys adjacent thereto, vacated or to be vacated, and together with all appurtenant easements, all according to the maps and plats on file and of record in the office of the county register of deeds and /or registrar of titles, is hereby deemed to be necessary and, subject to the aforementioned Council approval, approved. 4. That it is necessary to proceed with said acquisition without delay and pursuant to Minnesota Statutes Section 117.042 and Authority staff and legal counsel and hereby authorized, subject to the aforementioned Council approval, to so proceed. Date Chairman The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon. the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted:, Y C �4 .SA � eo Q y uT �np =motion the driver, visible to all passengers at all times that he is driving a taxicab. Subd. 12. Vehicle Inspection. Prior to the use of any vehicle by a taxicab operator for an operation licensed by the City, the vehicle shall be inspected by a competent and experienced mechanic, approved by the .Chief of Police, and a certificate issued by that mechanic that the vehicle is in good mechanical condition, that it is thoroughly safe for transportation of passengers, and that it is neat and clean. A similar inspection of each vehicle shall be made at least every twelve (12) months or sooner if dir- ected by the Chief of Police. SEC. 6.23. TOBACCO. Subd. 1. Definition. As used in this Chapter, the term ' °tobacco" means and includes tobacco in any form, including, but not limited to, cigarettes, cigars, bagged, canned or packaged product. Subd. 2. License Required. It is unlawful for any per - son, directly or indirectly, to keep for retail sale, sell at retail, or otherwise dispose of any tobacco in any form unless a license therefor shall first be obtained from the City. Subd. 3. (Repealed by Ordinance No. 79, 2nd Series, adopted 11- 17 -81.) Subd. 4 . s Re tr ict ion . C'�CLG✓ �' c X,G�i 2��L¢'�ia� A. Separate licenses shall be issued for the sale of tobacco at each fixed place of business, and no license shall be issued for a movable place of business. B. It is unlawful for any person to sell, furnish or give away any tobacco in any form to any person under the age of eighteen (18) years. C. It is unlawful for any person to keep for sale, sell or dispose of any tobacco in any form containing opium, mor- phine, jimsonweed, belladonna, strychnos, cocaine, marijuana, or any other deleterious or poisonous drug except nicotine. Source: City Code Effective Date: 4 -1 -78 SEC. 6.24. FAIRS, CARNIVALS, CIRCUSES, SHOWS AND. SIMILAR ENTERPRISES. Subd. 1. Definitions. The following, terms, as used in this Section, shall have the meanings stated: A. "Fair" - A festival where there is entertainment and things are exhibited and sold. B. "Carnival- Circus - A traveling commercial ` entertainment with sideshows, rides and games. -150- (4 -1 -82) C. "Show" - A presentation of entertainment, thea- tricals, concerts, displays and exhibitions. D. "Amusement Devices" - Any equipment or piece of equipment, appliance or combination thereof designed or intended to entertain or amuse the public at an event covered by this Section. E. "Amusement Ride" - Any mechanized device or com- bination of devices which carry passengers along the ground or over a fixed or restricted course for the purpose of giving its passen- gers amusement, pleasure, thrills or excitement at an event covered by this Section. F. "Building Official" - A principal building offi- cial of the City who is duly certified by the State of Minnesota. G. "Booth" - Any structure or enclosure located at an event covered by this Section from which amusement and /or ser- vices, souvenirs, food or other commerce items are offered to the public or displayed. H. "Related Electrical Equipment" - Any electrical apparatus or wiring combination thereof used at an event coveted by this Section. I. "Operator" - A corporation, person, associa' of persons, or the agent of the same who either owns or controls or has. the duty to control the operation of amusement device � a c or ride Y P , concession booth or related electrical equipment at all events cov- ered by this Section, including an agency of the State or any of its o i p litical subdivisions. Subd 2 n . . General License Required. A. It is unlawful for any person to present or operate within the City an event covered by this Section without first having obtained a license therefor from the City and paying a fee therefor as set from time to time by the Council by resolution. B. Condition of License. No license shall be issued until the proper application has been completed, the fee or fees paid, and, where applicable, insurance provided. A copy of all insurance policies or certificates must be deposited with the City and must contain a provision that the City will be notified in writing at least ten (10) days in advance of any cancellation or change in such coverage. Subd. 3. Electrical Permit Required. A. No amusement device or ride, concession booth or any - related electrical equipment shall be operated at any event covered hereby in the City without an electric permit having been . issued in addition to the general license, permitting the operation of such device or equipment. B. Application. Prior to the operation of: any de- vice covered by this Subdivision, the person required to obtain a permit shall apply to the City for a permit on a form furnished, by the City, which form shall contain such information as the City may required. Subd. 4. Inspection Required. (4 -1 -82) -151- A. For the purpose of determining if an amusement ride, device, concession booth or any related electrical equipment covered by this Section is in safe operating condition and will provide protection to the public using. the same, said equipment and ride shall be inspected by the City before it is initially placed in operation. B. If, after inspection, an amusement device or ride, concession booth or related electrical equipment is found to comply with the rules adopted hereby, the City shall upon payment of the fee (plus an inspection fee) permit the operation of the device. C. Additions or alterations that would change the structure, mechanism, classification or capacity of said amusement ride concession n booth or related electrical equipment, shall not be permitted unless approved in writing by the City. Subd. 5. Rules. The City may adopt and issue rules for the safe installation, repair, maintenance, use, operation and in- spection of amusement devices, amusement rides, concession booths ' 6 and related electrical equipment at all enterprises covered hereby. x Rules shall be ad opted opted by resolution and shall be based 9 upon en- eral ly accepted engineering standards 9 g and shall be concerned with, but not necessarily limited to, engineering force stresses, safety devices and preventive maintenance. Whenever such standards from manufacturers are available in suitable form, they may be incorpo- rated by reference. The rules shall provide for the reporting of accidents and injuries incurred from or as the result of the opera- tion of amusement devices or rides, concession booths or related electrical equipment. These rules may be modified or repealed at ` any time by resolution. Subd. 6. Cessation Order. The Building Official may order in writing a temporary cessation or operation of any amuse- ment device or ride, concession booth or related electrical equip- ment covered herein if it has been determined after inspection to be hazardous or unsafe. The operation of such amusement device, ride, concession booth or related electrical equipment shall not be resumed until the unsafe or hazardous conditions have been cor- rected to the satisfaction of the City and the cessation order lifted by written order. Subd. 7. Insurance. A. General. No erson fir P , m or corporation shall be issued a license hereunder unless he first obtains an insurance' policy in an amount not less than $300,000.00 for bodily injury to or death of one person in any one accident, and' subject to the limit for one person, in the amount of not less than $500,000.00 f for bodily injury or death of two or more persons in any one acci- dent; and in an amount of not less than $5,000.00 for injury to or destruction of property of others in any one accident, insuring the operator against liability for injury or death suffered by a person' attending the fair, carnival or amusement park. B. Products Liability Insurance. The applicant shall provide products liability insurance in the amounts provided -152- (4 -1 -82) in Subparagraph A above, if any food or drink is served upon the premises. C. All policies or insurance certificates required hereunder and hereby must be deposited with the City and each such policy or certificate shall contain a provision that the City will be notified in writing at least ten (10) days in advance of any cancellation or change in the coverage of the insured. Subd. 8. The following amusement devices, rides or con- cession booths are exempt from the provisions of this Section: s A. Permanent amusement parks, permanent theme s parks, or ski lifts. B. Non- mechanized playground equipment including, but not limited to, swings, seesaws, stationary spring- mounted animal features, rider - propelled merry -go- rounds, climbers, slides, trampolines, swinging gates and physical fitness devices except where an admission fee is charged for usage or an admission fee is charged to areas where such equipment is located._ C. A concession booth, amusement device or ride which is owned and operated by a non - profit, religious, educational or charitable institution or association, if such booth, device or ride is located within a building subject to inspection by the f State Fire Marshal or by any political subdivision of the State under its building, fire, electrical and related public safety ordinances. � D. The City may exempt amusement devices from the provisions of this Section that have self- contained wiring in- stalled by the manufacturer, that are operated manually by the use of hands or feet, that operate on less than 120 volts of electrical power, and that are fixtures within or a part of a structure sub - ject to the Building Code of this State or any political subdivi- Sion of this State. E. The City may exempt playground equipment owned, maintained and operated by any political subdivision of the State. Subd. 9. Waiver of Inspection. The City may waive the requirement that an amusement device, ride or any part thereof,'be inspected before being operated in the City, if any operator gives i satisfactory proof to the City that the amusement device, ride, or any part thereof has passed an inspection conducted by a.public or private agency whose inspection standards and requirements are at least equal to those.requirements and standards established by the City under the provisions hereof, but the license fee shall be paid before the City may waive this requirement. Subd. 10. Penalties. A. It is unlawful for any person 'to. operate an amusement device, ride, concession booth or related - electrical equipment at any enterprise covered hereby without first having obtained a permit from the City, or to violate any provision hereof. B. Each day that a person violates any of the pro - `° visions hereof shall constitute a separate offense hereunder. (4 -1 -82) -153- C. It is unlawful for any person to interfere with, impede or obstruct, in any manner, the City or any authorized rep- resentative of the Inspection Department in the performance of his duties under this Section. It is unlawful for any person to bribe or attempt to bribe the inspector or his designee. Source: Ordinance No. 85, 4th Series Effective Date: 3 -4 -82 SEC. 6.25. BLEACHERS AND REVIEWING STANDS. Subd. 1. Definitions. The following terms, as used in this Section, shall have the meanings stated: .A. The term "bleachers" means seating facilities without backrests in which less than 3 square feet is assigned per person for computing the occupant load. B. The term "reviewing stands" means elevated plat - forms accommodating not more than fifty persons. Seating facili- ties, if provided, are normally in the nature of loose chairs. Reviewing stands accommodating more than fifty persons shall be regulated as grandstands. Subd. 2. Inspection Required. It is unlawful for bleachers or reviewing stands to be used or operated unless they have been inspected and have a current inspection certificate issued by the City attached to them. Subd. 3. Inspection. All bleachers or reviewing stands shall be inspected annually by the City before May lst of each year for permanent facilities or before they are used or occupied for temporary reviewing stands or bleachers. Subd. 4. Inspection Certificate. Each reviewing stand or bleacher shall have affixed to it a current inspection certifi- cate issued annually for permanent facilities or after an inspec- tion for temporary facilities issued by the City Building Official. No inspection certificate shall be issued unless the reviewing stand or bleacher meets all the appropriate standards set forth in the Uniform Building Code. Subd. 5. Inspection Fee. There shall be a fee of $5.00 per seating section charged "for each inspection of reviewing stands or bleachers with a maximum inspection fee of $50.00 for each facility. Source: City Code Effective Date: 4 -1 -78 SEC. 6.26. SKI. LIFTS, AMUSEMENT RIDES AND "AMUSEMENT ATTRACTIONS. AP Subd. 1. Definitions. The following terms, as used in this Section,'shall have the meanings stated: (4 -1 -82) 153 -1