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HomeMy WebLinkAbout1976 04-05 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL'S, 1976 CITY HALL Call to Order The Brooklyn Center City Council met in regular session and was called to order by Mayor Philip Cohen at 7 :30 p.m. Roll Call Mayor Cohen, Councilmen Britts, Kuefler, and Fignar. Also present were City Manager Donald Poss, Director of Public Works James Merila, Director of Finance Paul Holmlund, City Attorney Richard Schieffer, Director of Planning and Inspection Blair Tremere, and Administrative Assistant Ron Warren. Councilman j_;nsen had previously announced that he would be out of town during the April 5, 1976 meeting and, there =. fore, was excused. Approval of Minutes Motion by Councilman Kuefler and seconded by Councilman 3 -22 -76 Fignar to approve the minutes of the March 22, 1976 meeting as submitted. Voting in favor were: Mayor Cohen, Council- men Britts, Kuefler, and Fignar. Voting against: none. The motion passed unanimously. Town Meeting `76 The City Manager introduced the first item of business on Presentation the agenda, that of a presentation by Mr. Henry Dorff representing the Brooklyn Center School District Community Education Advisory Council regarding the upcoming Town Meeting '76 program. Mr. Dorff introduced Lois Kline and Jim Norwick, members of the Town Meeting Committee. He stated that members of the City Council have been asked to be hosts for the event to be held at the Brooklyn Center High School on Saturday, May 8, 1976 from 9 :00 a.m. to 5:00 p.m. He proceeded to briefly review the activities proposed for the Town Meeting, explaining that all of the activities of the day will be recorded and compiled into a booklet de- picting Town Meeting '76 in Brooklyn Center. Ms. Kline stated that a number of local students will act as "scribes" and will be responsible for publishing the booklet which- will also include student contributed art, prose,, and poetry, A brief discussion ensued with Mr. Dorff explaining that funding for the program comes primarily from a $400 State subsidy and that the Brooklyn Center Lions Club and the Community Education Council have each contributed $100. He further explained that the remainder of the $900 estimated cost will come from the sale of Town Meeting '76 buttons. Mr. Norwick thanked the Council for the opportunity to make the presentation and urged their support of the program. RESOLUTION Member Maurice Britts introduced the following resolution NO. 76 -53 and moved its adoption: RESOLUTION ENDORSING BROOKLYN CENTER TOWN MEETING '76 DAY The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, and Bill Fignar; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -1- 4 -5 -76 Motion by Councilman Britts and seconded by Councilman Approval of Fire Kuefler to approve a Fire Relief Association investment of Relief Association $25,039.06 for the purchase of $25,000 of Federal Investment Intermediate Credit Bank Bonds from the First National Bank at an interest rate of 7.95% and a yield of 7.93% with a maturity date of April 1 , 1986. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, and Fignar. Voting against: none. The motion passed unani- mously. Motion by Councilman Fignar and seconded by Councilman Action Authorizing Britts to authorize the Mayor and City Manager to execute Execution of Mutual a new North Suburban Mutual Aid Association Agreement Aid Agreement for the purpose of expanding the membership of the organi- zation to include the City of New Hope. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, and Fignar. Voting against: none. The motion passed unani- mously. Motion by Councilman Kuefler and seconded by Councilman Final Plat Approval Fignar to approve the final plat of the Centaur Addition. (Centaur Addition) Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, and Fignar. Voting against: none. The motion passed unanimously. Motion by Councilman Britts and seconded 'by Councilman Reduction of Fignar to authorize reduction of a performance bond sub- Performance Bond mitted by National Auto Parts, Inc. , 6822 Brooklyn Blvd. , (National Auto in 1974 from $7,500 to $3,500 for the balance of site Parts, Inc.) improvements approved by the City Council on February 25, 1974 as per Planning Commission Application No. 74009. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, and Fignar. Voting against: none. The motion passed unanimously. Motion by Councilman Fignar and seconded by Councilman Reduction of Kuefler to authorize reduction of a $10,000 performance Performance Bond bond submitted by Northbrook Alliance Church, 6240 (Northbrook Aldrich Avenue North, in 1972 from $10,000 to $3,000 for Alliance Church) the balance of site improvements approved by the City Council on October 2, 1972 as per Planning Commission Application No. 72067. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, and Fignar. Voting against: none. The motion passed unanimously. Member Tony Kuefler introduced the following resolution RESOLUTION and moved its adoption: NO. 76 -54 RESOLUTION ESTABLISHING STREET GRADING, BASE AND SURFACING PROJECT NO. 1976 -1 AND ORDERING PRE- PARATION OF PLANS AND SPECIFICATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, and Bill Fignar; and the following voted against the same: none, where - upon said resolution was declared duly passed and adopted, Member Bill Fignar introduced the following resolution and RESOLUTION moved its adoption: NO. 76 -55 RESOLUTION ESTABLISHING STREET GRADING, BASE AND SURFACING PROJECT NO. 1976 -2 AND ORDERING PRE- PARATION OF PLANS AND SPECIFICATIONS 4-5 -76 -2- The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Maurice Britts, Tony Kuefler, and Bill Fignar; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Maurice Britts introduced the following resolution NO. 76-56 and moved its adoption. RESOLUTION AUTHORIZING THE PURCHASE OF 185 STORM WINDOWS FOR THE CIVIC CENTER The notion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof. Philip Cohen, Maurice Britts, Tony Kuefler, and Bill Fignar; and the following voted against the same: none, whereupon said resclutic_ was declared duly passed and adopted. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 76-57 and moved its adoption: RESOLUTION AMENDING THE 1976 GENERAL FUND BUDGET The motion fc)i the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Philip Ccher., Maurice Britts, Tony Kuefler, and Bill Fignar; and the following voted against the same- none, whereupon said resolution was declared duly passed and adopted. Expansion of 1-1 The City Manager introduced the next item of business, District Special that of a discussion relative to a Planning Commission Uses resolutiton, recommending expansion of special uses in the I-I district to include additional retail uses. He stated that an ordinance amendment to Chapter 35 comprehending the Planning Commission recommendation has been drafted. He explained that the proposal is the result of a rezoning request submitted by B.C.I.P. to rezone, from I-1 to C-2, land adjacont tr) the Earle Brown Farm for the purpose of developing a "Farm Town" commercial, center that would utilize, the farmstead area as a theme for the entire project. He further explained that the Planning Commission did not favor the rezoning request but that the Planning Commission did recognize the need and desirability for more flexibility in allowing additional retail uses in the I-I district, which resulted in their resolution and proposed ordinance amend- ments. He reported that the Commission's recommendation is an expression (,f intent to provide this flexibility and to also establi , ,h an additional measure of control to pre- vent development that is not in the best interest of the City. Recess The City Council recessed at 8:15 p.m. and resumed at 8:35 p. m. Continued Discussion The Director of Planning and Inspection proceeded with a of Expansion of I-I review of the Planning Commission minutes relative to District Special Uses Planning Commission Application No. 75045, submitted by B.C.I.P. �AA suh—sloquently withdrawn, and Planning Commission Resolution No. 76-2. He also reviewed a transparency showing the location of the land that had been proposed to be rezoned. He explained that the Planning Commission was primarily concerned with traffic generation -3- 4-5-76 problems which could result if the land was rezoned and also the fact that there is undeveloped C -2 land in close proximity to the proposed site. He stated that B . C . I . P . had submitted a professional traffic, analysis based on present land use and proposed land use. He further stated that the only I -1 land in the City is in the Industrial Park and that the Commission was of the opinion that it should be retained. He proceeded to summarize the �lanni.;�g Commission's recommendation by noting that the proposal would retain the present I -1 zoning district, expand the special uses in this I -1 zone to include general retail activities (excluding outdoor display and retail sale of motor vehicles, marine craft, or other equipment), and add criteria for reviewing development proposals biased upon traffic generation impact on the area and the community. In addition, the recommendation would also comprehend rezoning undeveloped C -2 property in tho Industrial Park northeast of John Martin and Summit Drives to I -I . The City Manager stated that a proposal of this nature could be considered a matter of expediency from the developer's perspective, but on the other hand, it provides flexibility which will allow the City to more specifically review the developer's proposals and weigh them against traffic generation problems, pollution generation problems and various activity levels, prior to authorization of a particular project. He explained that the traffic analysis points out that the present I -1 district with its office buildings and light industries causes peak traffic genera - tion problems and that the interspersing of some C -2 type uses in this I -1 district could be advantageous in spreading the traffic load. But, he cautioned, this broadening of commercial uses in an industrial zone in turn broadens the responsibility of the Council to determine the best and most proper development in the area and to reject proposals when the evidence calls for it. A lengthy discussion ensued relative to the "Farm Town " commercial center concept, the proposed special uses in the I -1 district, and the ordinance standards and criteria for permitting special uses. Mayor Cohen commented that this proposal in effect would call for environmental impact statements prior to authorizing a special use in the 1 -1 district. The City Attorney commented that the Minnesota courts in many cases have not been responsive to modern planning principles and that special use permit problems, and related litigation, have not been resolved, But, he stated that the s us e . e permit is a good device for a City like Brooklyn Center seeking flexibility and control. Following further discussion there was a motion by ORDINANCE Councilman Fignar and seconded by Councilman Kuefler First Reading to offer for first reading an ordinance amending Chapter 35 relative to expanding I -1 district special uses to include additional commercial uses. Voting in favor were: Mayor Cohen, Councilmen Bri.tts, Kuefler, and Fignar. Voting against: none. The motion passed unanimously. Motion by Councilman Britts and seconded by Councilman Licenses Kuefler to approve the following licensee: 4 -5 -76 -4- MECHANICAL SYSTEMS LICENSE A. Binder & Son 120 East Butler Owens Service Co. 930 East 80th St. Royalton Heating & Cooling Co. 4120 85th Ave. N. Superior Contractors, Inc. 6121 42nd Ave. N. 3-D Heating Co. 3341 Dakota Ave. Yale Mechanic-,l Contr. 3 01 2 Clinton Av'4e. PERISHABLE VENDING MACHINE LICENSE Interstate United 1091 Pierce Butler Rte. Medtronics 6120 Earle Brown Dr. SIGN HANGER'S LICENSE Lawrence Sign Co. 945 Pierce Butler Rte. Gold Medal Beverage Co. P.O. Box 3466 Voting in favor were, Mayor Cohen, Councilmen Britts, Kuefler, and f°gnar. Voting against, none. The motion passed unaninic Councilman Britts left the table at 9:40 p.m. Mandatory Planning The City Mana,,ger introduced the next item of business Legislation on the agenda, that of a report explaining the recently enacted planning legislation and its impact on Brooklyn Center. He stated that basically the legis- lation puits a restraint on freewheeling endeavors by developers that have no concern regarding the possible adverse, effect-, and governmental costs related to their developer ertT_ He explained that the original intent of the legislation, which was supported by many inner ring suburban s is and the central cities, was to avoid the prcb_1em , ,, , s that have occurred in the developed areas and to - , - , , i'.m.Jinate the high governmental costs associated with these problems. He further explained that the has undergone some modifications in the 1egizlsatflve process and is not as restrictive as it was when it was originally proposed in 1975. Counci jm n Br gt f returned to the table at 9:45 p. m. The City Mani-i� proceeded with a lengthy review of the mandatory planning legislation pointing out that the legislation re(41,nTes that local units of government develop a Comprehen-_-i,-, Plan that includes objectives, policies, standards and programs to guide public and private land use developrrerA, redevelopment and land preservation. He stated that -,ities, towns, and counties are required to develop plla_ns that are parallel. with Metropolitan System Plans and that the Metropolitan Council is responsible for establishing procedures to bring about an integration of these plans and to see that they are implemented. He further stated That the Metropolitan Council has veto power over any plans that adversely affect the metropolitan systprris. Hr:. proceeded to review the various aspects of the s z-�s the Advisory Metropolitan Land Use, Committee ma_dp up of 16 members appointed by the Metropolitan Council, with a requirement that at least half of the rne,7 hip be made up of local government elected officials. He next reviewed the requirements for local government Comprehensive Plans which include a land use plan, public facilities plan, transportation plan, sewer Policy pla. and a park and open space plan, in ad to ar, ;`,-' program that requires local 4-5-76 governments to implement these plans in conformity with the Metropolitan Systems Plan by undertaking programs that address to matters of zoning and land subdivision, capital improvement programs for transportation, sewers, parks and open space facilities and a housing implementa- tion program. The City Manager stated that the legislation calls for the development of these plans between July, 1977 and July, 1980 and requires that they must be reviewed by neigh- boring communities, school districts, and the Metropolitan Council, and be put into effect after 1980. He explained that this is a major piece of legislation that has more of an effect on developing communities than Brooklyn Center, but that it will require the City to update and modify our present Comprehensive Plan so that it meets and addresses the requirements of the legislation. Mayor Cohen recommended that the Council ,consider obtaining the services of a planning consultant to supplement staff resources in meeting requirements of the legislation. A lengthy discussion ensued relative to the costs and methods of funding such an undertaking. Following the discussion there was a motion by Councilman Kuefler and seconded by Councilman Fignar to direct the City Manager to develop cost estimates and possible alter- native funding methods for the development of an updated Comprehensive Plan meeting the requirements of the recently enacted mandatory planning legislation. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, and Fignar. Voting against: none. The motion passed unanir,-,ously. The City Manager introduced the next item of business, that Report on Twin of a report on the alignment of Twin Lake Avenue. He Lake Avenue explained that the report was in response to a question Alignment raised at the March 22, -1976 Council meeting regarding the possibility of a shift in the right-of-way of Twin Lake Avenue at the time of its construction. The Director of Public Works proceeded to review a trans- parency showing the right-of-way of Twin Lake Avenue stating that the street was constructed in the proper location and there had been no change in the right-of-way. The City Manager announced that the Director of Public Northeast Area Works would be holding an informational meeting on Monday, Meeting April 12, 1976 at 7:00 p.m. in the City Council Chambers with property owners in the northeast area of the City living primarily in the vicinity of 69th and Lyndale, to discuss possible subdivision proposals that may require the develop- ment of additional City facilities to service the area. Mayor Cohen recognized Mrs. Dolores Hastings, a member League of Women of the Brooklyn Center Chapter of the League of Women Voters Solid Waste Voters who announced that the League was sponsoring a Symposium Solid Waste Symposium to be held Thursday, April 8, 1976 from 9:00 a.m. to 3:00 p.m. at the Hennepin County Government Center in the Commissioners Meeting Room, and urged members of the Council to attend. 4-5-76 -6- Mayoral Appointment Motion by Councilman Kuefler and seconded by Councilman to the Park Service Fignar to confirm Mayor Cohen's appointment of Dorothy R. Area Committee Boman, 6419 Dupont Avenue North, to the Committee repre- senting Park Service Area II effective immediately. Voting in favor were, Mayor Cohen, Councilmen Britts, Kuefler, and Fignar. Voting against: none. The motion passed unanimously. Councilman Kuefler stated that there are two openings in the Committee representing Park Service Area I, and that the Park and Recreation Commission was in the process of interviewing potential candidates. Bicentennial Motion by Councilman Britts and seconded by Councilman Commission Fignar to accept the resignation of Mr. Leon Knight as a Resignation member of the Brooklyn Center Bicentennial Commission and to direct the City Manager to prepare a resolution of commendation. Voting in favor were: Mayor Cohen, Councilmen hiitts, Kuefler, and Fignar. Voting against: none. The motion passed unanimously. Request to be Mayor Cohen announced -that Councilman Kuefler would Excused be out of town for the May 17, 1976 City Council meeting and had requested to be excused. Adjournment Motion by Councilman Fignar and seconded by Councilman Kuefler to adjourn the meeting. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, and Fignar. Voting against: none. The motion passed unanimously. The City Council adjourned at 10:35 p.m. Clerk Mayor -7- 4-5-76