HomeMy WebLinkAbout1976 05-24 CCM Regular Session MINUTES OF THE PROCEEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY 0TV
HENNEPIN AND THE STATE OF MINNINTES01"A
REGULAR SESSION
MAY 24, 1.976
CITY HALL
Call to Order The Brooklyn Center City Council met in regular session
was called to order by Mayor Philip Cohen at 7-.'3'Q
Roll Call Mayor Ccllnen, �'- K le F"I'a and I,
przesent were City Manager Donald Pass, T of
Works James Mer"la, City Attorney
of Finane
c. Paul Tiomd
lund, Dec
irtor o Plnnn�nq and
Blair Tremere, and. Adrninistrative Assistant Ronald VVrarron,
Mayor Cohen recommendcd -deferring considerat of die
minutes until a-Ler Coun(-Al.' ' had arrlved.
Declaration of Surplus The City Mananor int the fi]irst c, "I bus'4,nc 6 ovl
Equipment agenda of a recommendation to decdare a s surer;,
ment six obsolptle maintenance garage iterki U be o)i
in the best- interects of the (";Ity.
C ounci l man Br i tt (J> a rrive d ca t 7'� - p . n` .
Motion by Councilman Kuefhar and s.3condedl 4 Co
Fignar to declara the following as surplu»� eqLd;D
disposed of in tl:e best interests of the City-, o
hand operated 'V !r:'qht --dcrew hoist, orte
_�tioj a I r c 0 r, r- cr'
cleaner; one eleotric st
one Graco Mcclel 203-964 air operated gn�.abe
Graco Mcdel 1--("3-96,3 air operated ofl- dispenser" �i�'--'J cn-
electric impact 'i�%French. Voting in favor were VI Cr
Councilmen Kueiler, Fignar and Jensen. Voti.-rig
Councilman Britts abstained. The motion passc-d.
Approval of Minutes Motion by Councj!mcan Ftqnar avid seconded uy C,
5-3-76 Kluc-, to the milylutes of ti iv' 1a 3 6
submitted. in favor were- Maytyr Coh(,:n,
Britts, Kueflor, an Figmar. Ln.g aq;ainst. r, Cour,Qc'ii.'—
inari Jensen abstained as he was not at that rmeeting,. Nlotiicn
passed.
Rescheduling Co-,- Mayor Cohen -a-rinoun.ced that due to varlou,- s c "I',- 0.'U. ij
Meetings flicts the June 7 and Tune 21 City Council men t'inas ; f,ave
been changed to j-inc 14 and June 28 respective-ly,
RESOLUTION Member Robert Jensen introduced the follow-Ing resolution anci
NO. 76-66 moved its ddoptlori^,
RESOLUTION AC!11,.\�OVILEDGING GIFT
The motion ior 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, Maurlce- Q-r. Tony Kuefler, Bill Fignar, and
Robert Jensen; Find the following voted against the same:
none, whereupo' siald resolution was declared duly passed
and adopted.
5 ,/ 2 4 fo 7 6
Member Tony Kuefler introduced the following resolution and RESOLUTION
moved its adoption: NO. 76 -67
RESOLUTION REGARDING DISPOSITION OF PLANNING
COMMISSION APPLICATION NO. 76008 SUBMITTED BY
DAVID FADDLER
The motion for the adoption of the foregoing resolution was
duly seconded by member Robert Jensen, and upon vote being
taken thereon, the following voted in favor thereof: Philip
Cohen, Maurice Britts, Tony Kuefler, and Robert Jensen, and
the following voted against the same: Bill Fignar; whereupon
said resolution was declared duly passed and adopted.
Member Bill Fignar introduced the following resolution and RESOLUTION
moved its adoption: NO. 76 -6,8
RESOLUTION PERTAINING TO DRIVEWAY AGREEMENT RELATIVE
TO LOT 2, BLOCK 1, TWIN CITIES INTERCHANGE PARK
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, Rill Fl,gnar, and Robert
Jensen; and the following voted against the same: none,
whereupon said resolution was declared duly passed and
adopted.
Member Robert Jensen introduced the following resolution and RESOLUTION
moved its adoption: NO. 76 -69
RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED
STREET GRADING, BASE & SURFACING IMPROVEMENT PROJECT
NOS. 1976 -1 and 1976 -2
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, Bill Fignar, and Robert Jensen;
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 RESOLUTION
moved its adoption: NO. 76 -70
RESOI UTION REQUESTING ADDITION OF PEDESTRIAN RAMP TO
PEDESTRIAN BRIDGE PROJECT ON T.H. 15 2 OVER T.H. 100
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, Bill Fignar, and Robert Jensen;
and the following voted against the same: none, whereupon
said resolution was declared duly passed and adopted.
Mayor Cohen announced that the Citizens Committee was Council Deliberation on
prepared to discuss its report relating to the fire issue, that Citizens Committee
the Charter Commission has requested time to make a presen- Report
tation relative to a Charter Commission recommendation
that the City Attorney and Mr. Market, attorney representing
the Fire Department, have been involved in negotiations con-
5/24/76 -2-
cerning the issue and have a proposed ordinance to present;
and. that the fife Department that afternoon had delivered to
the City Attorney certain proposals relative to the current
issue. He stated that the Council would hear each of the
parties in t i s order they were mentioned, prior to further
Council deliberation.
Mayor Cohen recognized Mr. Ed Theisen Chairman of the A(11
Hoc Citizens Committee, who offered that he would, vl(-ld his
time so that the other :items could be presented, provided he
would be ac oa:ded the floor later in the deliberation.
Presentation of Charter Mayor Cohen - - - E -, .�;ognized Mr. Henry Dorff, Clwairms an of dh
Amendment Brooklyn Gerter Charte.r Commission �rxho reported t1at t
Charter Comm? sssi ?n , at its kta°u' 20, 1976. T5 eet. - In , ha
unanimously recommended a Charter amendment to
Section 6.12,, Subdivision 3 of the City Charter ® _ He pro-
ceeded to distribute and read the proposed Charter amendment,
stating that tlhe amendment would retain the char cter sties of
the Council/Manager form of government and would also
insure t atl, c 3l- Lunteer Fire Departm mt and volunteer
would also be retained.
A brief ex relative to the proposed Chiart�er
amendment wi,-h Mr. Dorff explaining that the proposal a�,
similar to that cf the Ad Hoc Citizens e W L, a J, ,
tional. empha 5' -, gl en to the volunteer concept.
Mayor Cohen inquired about the procedural aspects of an
alternative a.mendment. Mr. Dorff rE;s���.x��� tha
under Min eh.C.;,;a Statute Se ction 410.12 the C±, a rter
C om .lission propose tantendments- to the ii C-
stated that it: tie City Council does not enact the C l art r
amendment unanimously by ordinance, the amendment a st
go to a ,rote of the citizenry.
Mayor Cohen farther inquired what effect Council enacts cnf
of this a !tern a�. ve Charter amendment would have o ., the
Chr-irter amen A.,,e,nt petition . The City Attorney responded
that he did no 1-,now what effect this would have o n tie
C`,harter a.men--� re ft oetitimn. Following a brief discuss crn it
was agreed that the City Attorney should seek further clari-
fication as to what effect the adoption of this Cs`harter amend-
ment would hive on the Chaster amendment petition.
City Attorney /Counsel for Mayor Cohen � eft recognized the City Attorney Who stated
the Fire Department that he has n,,eeting with Gary Market, counsel for the
Negotiated Proposal Fire Departme'rit, within the last month in an attempt to
negotiate a settlement that will meet the needs of the Fire
Department and the City Council. He further stated that not
all aspects of the proposed ordinance have been resolved b
the two att=ovs and that further negotiations will be needed
He explained that the proposed ordinance is not based upon
proposals that ha�re been submitted by the Initiative Petition
Committer:, the Ad Hoc Citizens Committee or the present Fire
Department ordlnance, but rather was built from scratch and
based upon principles which apparently underlie the desires of
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both sides.
The City Attorney stated that the principles and needs that
are of concern to the Fire Department include:
1. Maintaining a volunteer Fire Department and
volunteer Fire Chief.
2. The Fire Chief be appointed by the Fire Depart-
ment membership, or that the membership have a.
substantial influence in the selection of the
Fire Chief.
3. That firefighters have influence in the selection
of the membership of the Fire Department.
4. That the Fire Department be involved in the
formulation of testing standards for probationary
firefighters, regular firefighters, and promotional
evaluations. This would include development of
a position description and involvement in recruit -
ment, test preparation, and test validation.
5. The need for a form of appeal, from City Manager's
personnel decisions.
He stated that the principles and needs that are of concern to
the City Council includes
1 . Maintaining the Council /Manager i'orm of government
and avoiding the administrative burden of directly
administering the Fire Department.
2. Having an ordinance which meets all federal and
state statutory and constitutional requirements
such as equal employment opportunity guidelines.
3. Preserving the delegation of authority principle
contained in the current Council /Manager farm of
government.
The City Attorney proceeded to review the proposed ordinance
which includes provisions for recruitment, testing, personnel
report, appointment, appeal, and duties of probationary fire-
fighters, regular firefighters, supervisory firefighters, operations
officers, Assistant Fire Chief, Deputy Fire Marshal, and the Fire
Chief. He stated that the selection of thkese personnel, with the
exception of the .Fire Chief, comprehends similar procedures that
incorporate Fire Department influence in their selection, with
appointment by the City Manager. He explained that the recruit -
meet, testing and personal interview and Personnel report will
involve the Fire Chief or his designee, with a forwarding of all
information and a recommendation to the City Manager for appoint-
ment. He further explained that the City Manager shall make
appointments based upon merit and fitness within thirty days of
receiving the report, failure to do so shall constitute the City
Manager's agreement to the preference ranking of the Fire Depart-
ment. The City Attorney stated that persons aggrieved by the City
Manager's appointment or rejection may appeal the decision to the
City Council for a fact finding hearing within ten days of the
decision.
5/24/76 -4-
Regarding the Fire Chief, the City Attorney reported that the
duties of the "Irc. Mansh-al are placed under the Fire Chief,
in essence com."b"i.ning the two positions He stated that the
selection of ti o Fire Chief would require input by the members
of the Fire. Dep-artate nt. in the recruitment, testing, and per-
sonnel, report' which will be forwarded to an oral interview
board, consistinqof a representative of the Fire Department
and a ropre,�e. �tive of the City Manager with a mutually agreed
upon third par ATE This board v�ould interview and evaluate po-
tential candidatos and submit a written evaluation and ranking
by preference to the City Manager for his appointment or
rejection. I City Manager would, within thirty days, appoint
upon t1 be bases- of nnerit a:. fitness arise Chi f. The `:it
Maria eras appo� olf a Fire Chief is subject to the
Confirmation cf[ mil,' (_ Council.
The City Attorr : stats-6 that the proposed ordi-nanc;P; pro-
vides for an r al to the City Council of the (_'Ay !A
',:it;:'
Fire Chief ap for a fact finding hearing within ten
days of written notice. He further stated that in case of iian
appeal, the appea.l zshail be heard prior to the confirmatic'n of
the Fire Chief. He, explah-Led that the function of the City
Council, at an ;ippeal hearing could not be to overturn the
appointment of the City Ma:;nacTer, which would conflict With
the Coimcfl,/Manaaer concep't, but would rath(-'.- I'De, lira. -ited to a
finding of fac-
The City Attor- concluded his report, on the propo�,cd Ordi
ndn,Ce- by Math that bl negotiations are needed with t"re
Fire Departmxe attorrey to resolve some of the provisions
Ma, or Cohen r,i-zed- Mr. Gary Market , attorn for t be,
1p.�ho st that the tvfm attonnoys ha-A
.L(Y:tll With fbo� at tni2 time to show that a n°tqotiated
agreement to i) is in the making. lie further stated
that propo-sai is not yet final and that more time for further
nea
g otiat`on� _reeded.
In response to a q by Councilman Britts, the City
Attorney state t`lat the Fire Department had submitted mod -
i to O:OPOO�_�U today, but tl,-,,dt be has not yet had
time to review It and was, there tore , unable to comment on it
Recess T�e Brc City Council recessed at 9:00 p.m. and
resumed a 9 2
Continued Council. Co inql,� as to the reason for the inclusion
Deliberation of robe Staate Deoi of personnel in the provisions of the,
attorn,ey prov ,sed cyrdin-ance relating to testing of applicants.
The City Attorne responded that the reason was basically a
financial concer.n, 17,1, that the State Department of Personnel
is in the basin, ,s of providing tests of the type needed. He
explained that other te5tlnu services could be used and stated
that the main c;() cern is that test questions be job related.
Mayor Cohen next recognized George Heenan, spokesman for
the Brooklyn Center Volunteer Fire Department. Mr. Heenan
stated that the Fire Department is in agreement with the major
aspects of the Ad Hoc Citizens Committee Report and that the
Charter amendment presented this evening is acceptable. He
reported that there are still some areas of disagreement in
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regards to the attorneys' proposed ordinance but, he stated,
through further negotiations on the part of the two attorneys
agreement on these concerns can be reached. In response to
a question by Councilman Fritts, Mr. Heenan stated the Fire
Department supports the intent of the Charter amendment
presented by the Charter Commission, and added that there
may be need for some language modification.
Mayon Cohen expressed the opinion that the negotiations should
continue and that hopefully a finalized document can be prepared
for the next Council meeting.
The Mayor recognized Ed Theisen, who expla red the various
Charter Commission amendments to the Ad Hoc Citizens
Committee's Charter amendment that was presented to the City
Council. He stated that the Citizens Committee ittee supports tie
Charter Commission's Charter amendment.
Following a brief discussion it was the consensus of the Council
to accept in principle the proposed Charter amendment presented
by the Charter Commission. It was further the consensus of the
Council that the City Attorney review the language of the Charter
amendment and also seek clarification as to the effeot ,uch a
Charter amendment would have on the Charter initiative petition.
The Brooklyn Center City Councll recessad. at 9,50 p.m. a nd Recess
resumed at 10:00 p.m.
In consideration, of persons In attendance the City Manager Licenses
recommended that the Council next address the license;
recommended for approval.
Motion by Counc.,11man rignar and seconded by Cou ncl.lq.
Jensen to approve the following licenses,
BINGO LICENSE
Brooklyn Center Jaycees 5460 7th St. N. E.
CIGARETTE LICENSE
Acorn Vending 3755 Ca ll forn a St. N.E.
Brookdale 10 Office Building 2810 County Rd. 10
FOOD ESTABLI LICENSE
Tire City 6810 Brooklyn Blvd.
I TINER A NT FOOD ESTABLISHWN T 'LICENSE
Brooklyn Center Jaycees 5460 `nth St. N. E.
(Carnival)
(Softball Toumament)
Brooklyn Center Mrs. Jaycees 5460 7th St. N. E.
(Carnival)
Stanley Shoes creeway Blued. &
Shingle Cr. Pkwy.
MECHANICAL SYSTEMS LICENSE
Hoov Aire, Inc. 6840 Shingle Cr. Pkwy.
5/24/76 -6-
NOIIN PERISHASLE MACHINE LICQXSE
Lance,lnc. 4000 Abbott Ave. N.
Goodyear 544.S) Xer, Ave.. 'N.
11restone 55th & Xer:Kes
Bill West 2000 57th Ave. N.
Pilgr_m Gle aner's 5748 Morgan Ave, N.
Tire City 6810 Brooklyn Blvd.
swim il.11 i�" G 1"iCENSE,
E':.�rcpean Healt'h Spa 2920 County Pd.. 10
Lyn River ApartT7,ent-s 2 0 3: - 6,Sth Ave
RENTAL UICF"D�iSE
Renewal:
le-s & Fi tar :inn Brow kdabe
Deil Gustaf,;cvi e? Cyril Sheehy Earle Brown Farai
S_qPe:hy CL . =`U HC company 6 York Place NOM
6837 York Place Nc;'�th
6845 Yark Place North
Translw
Bennie Rczr'!a'r� Brookdale Ten
TEMPOFsov uN SAiT Q21111 LI12ENOL
Rrcokl,,,n 5460 7tb, St E.
(ca j'rniva
(Soitball
Voting in favo_'- Ma.yor Cohen ® Councilmt -n
Kiefler, Fignar and jensen. Voting against- none.
Planning Commission Thn (,,Ity Mann ;or 1 nuodur_- c_�(J, the next item of that
Application Nos. 76022 of Planning C -_%�, ion Applications 76022 c_.ad', 7602
and 76023 (f ester Mayo)
7"i,e 'Dire-c of Planning and i'n proceede' . ,A-ith a: review.
oi the two F07rung Comodsalon. ApgAications and the Planning,
Caranis2lon aoUon at Their May 6, 1976 ma'etinga statc�,d'
that Flanrin� Application No. 76022 wre
Or PrAdmina--i r Sruval to create, two R-1 at the north-
wt"zt n_" _,7th, Ca, den Avenues "Nortn, . 'Fie 51,atedl
that the apoLvant has recenly cleared the property and In-as
moved a Wre co to that portion which would be the
fie explained that Planning
Commission Applicati n 76023
p
u. a cunmpa_rnor application relating to a variance for the
:I pro-
iLt 8.15 feet less than. tine ordjnam';t3
V 110 foot. He stated that th,e proposed -
terior lot ozrdinance standards as to area and witalth
and that a house with up to a 26 foot depth could be located
on the lot zrne� axisting setback: reqtdrenments. He further
stated that lo, been recommended that there be a dedication
of tan feet al ow; 57th Pmenue for sidewalk purposes and
Pas ski o 7trecz'!?Idening. He next reviewed a trans-
parency showing tt 3 locatior, and configuration of the property
and recommiendei that the Council give consideration'b
Planming Cornmission Application No. 76023, the variance
request, prior to conLiideratlon of Planning Cornmission Applica-
tion No. 76022, the preliminary plat.
-7- 5024/76
Mayor Cohen recognized the applicant, Mr. Lester Mayo,
who stated that he 'had nothing further to add tot 3
applications ,
Mayor Cohen next opened the meeting" to notified. property Public Hearing
owners regarding Planning Commission Application, No® 76022.
It was noted that no one spoke relating to the application.
Following a brief discussion there was a motion by Councilman Action Approving Planning
Fritts and seconded by Councilman Kuefler to approve Planning Commission Application
Commission Application No® 76023, submitted by Lester Mayo, No. 76020 (Lester Mayo)
noting that the variance request is within the anent of the sub-
division ordinance variance standards, and furt hermore, that
the site exceeds the ordinance standards as to and area.
Voting in favor we__ Mayor, Cohen, Counc:LL r "��,r, Kuefler,
Fritts and Jensen. Voting against- none® The rz cx.ion passed
unanimously
Motion by Councilman Jensen and seconded by Councilman Sritts Action Approving Planning
to approve Planning Commission Application No. 76022, submitted Commission Application
by Lester Mayo subject to the following conditions-, No. 76022 (Lester Mayo)
1 m The final plat is subject to review by the City
Engineer.
2. The final plat is s� b e t to the requi enfl n t` if
Chapter 15 oi. the City Ondinanzres
3. The final plat shall contain a tens foot dedic^at.ion
for sidewalk and right-of-way purposea, on t " -'
57th. A77enue side
Voting in favor were: Mayor Co]heri, Councilz o _ . g'rar, Eritts,
Kuefler, and Jensen. Voting against, none. he m :�*_Mon passed
unanimously.
The City Manager introdu, ad ti .r_ext item, of that of Planning Commission
Planning Commission A piicatlon No. 76026 subm.1". d. by Application No® 76026
Harold Swanson. (Harold Swanson.)
The Director of Pia a ,,.nc ar-1 Irspey(: lion p o ; 3 . F; th a review
of Planning Comdr, sion Application No. 7602 :nd .ne Planning
Commission action at their May 6, 1075 moetin ® He stated
that the applicant vTas requesting preliminary plat approval for
property at 701 �F 9th. Avenue North, 7'h ich . n c - ' ' E)d one of the
long 660 f plate p arc el s abu � N orth c
�, � ��� � .�y�,,_, �.�d �� scei a.bu����ng 60th A���=��. �� rah n
tb e north and ea ster`x' y of Bryant Avenue No tl- o He further stated
that the primary concern. was that the d1', i-.e , - . � 7npatible with
the master pla -" development of the. entire area,, which is one
of the last large ° platted residential arias in t o, 'Cltya He next
reviewed a transparency showing the location. of tips property,
pointing out a ded.iaation along 69th Avenue North line Director
of Public Work- also reviewed a transparency -he master plan
for the entire area o A brief discz_ission ensued relative to the
proposal.
Mayor Cohen recognIzed the applicant, Mr. Harold Swanson,
who stated that he load nothing further to add to the application.
Following further discussion there was a motion by Councilman Action Approving Planning
Jensen and seconded by Councilman Fritts to approve Planning Commission Application
Commission Application No® 76026, submitted by Harold Nom 76026 (Harold Swanson)
Swanson, subject to the following conditions:
5/24/76 -8-
1 . F.ina ° clat, is subject to review by the City
F�ng .it_
2. t .in.a l plat is subject to the requirements of
Cha - -tar 1-S.
B . the i.raal plat shall, comprehend a dedication
o f F et for walkway and future expansion
pu.r',"!^. e's on 60t, Avenue N orth,,
4. There small be a dedication of 30 feet ors, the
souy�_ end of the property for a future 68th .venue
rtll
Voting in, favor werr- Mayor Cohen, Councilmen r -"its
Tensen, Ku,-,` anO fro NtJx4 against': no p . The
motion pa
Planning Commission The City Man'; ger - r.trodu.ced the next item of business, that of
n
Application No. 76027 Planning CC'C i. ,, ! ',; p ^pl.ica Lion No. 75027 su)rr•itted by David
(David Ba erg) Baer g
The Director ci : mCj T � - ,S'peCtioyl proceeded with. a reviev
of Pi nni_ni t'e i_,a r1pf.11Cat3on No 6027 iii v. the Pl n..ing
Com:miss ,o 1 4 u� VtieI.r May 6, 1076 meeting. He stated
that the ap -xi a ',, VII'az seeking approval of a prelLm nary plat
which would cr e -t _ I- � e ramilv res.i- , ots 1 t e,
a rea, n.
area, r etv^�e en 7 ..� .F- ,'� n..,s , �, orth a r 5:'�vergreen Par`:w , a'..Dproxii
mately 13,S t' 'r: °2!st of Carnden Avenue North. He further
stated that thn property arras adjacent westerly of th�2t six --lot
1�^a ortih Metro �j u�. , .� _v b3 was on Ca"u-dder,. 1,Jo - l" t
Appl catao a e x, la iliel that it wa also re a n cl,n th
ex ist- s 7��
w va
the ��.���1�.�r z u... �` 1,u� on 73 rd Avenue North, 73e? - 73rd
1 ivenu.e Nor li . .l . b.oa . i w.4: P, the find plat. �° Z e .-
is transparent, - the location and � ofifa�, ' z',u, � . of tht�
property in €` a ax , and. pcinted out vdierE d atJCI ;:
Lane and the ;, a Avenue 1\"orth. would be acdded He
explain ed tr it aoclicatlon ties in witib 1m;, r v r
Projects No. and 1 076 -2, for which the Cot, had
set public hQ w ys tt tee earlier in this evening's Tlceting .
Ma ' C .:fit +y the a M D a v d 1 1 - 3 , aer cj , v
sated that 11rz r ".�,� � ' ,n. +� further to add to the application
Action Approving Planning Following a :br Fi ion there war, a. motion ` ounciir is
Commission Ap lf',s t,.on F -gnar and se-o c "4 d b,; :.�un:u ilr ar Batts to approve P Iann� ng
No. 76027 (David B'aerq) C 0 mm I ssio. n r ic,77: ton No. 76027, submitted by David Ba €erg
Sub ect to thy, f r, .o u n q conditions:
1. F'inaI plat 1-, subject to approval by the C'i,ty
2 . F i na if` r`.at J ,r s -- -� j e ct to regu.iffi em ents of
3. The final z)lat sili.aIl include the adjacent lot
show'.n. i s "exc e, -,ion " , commonly described as
731 ` 73rd Avenue North.
Voting in favor Mayor Cohen, Councilmen .6ritts, Jensen,
Kuefler and Fign -7r. Voting against: none. The motion passed
unanimously.
6,/2 4/7 6
The City Manager introduced the next Item of business, that Planning Commission
of Planning Commission. Application No. 7602S s °,,Zar:Itted by Application loo. 76028
Marlys Engelhardt. (Marlys Engelhardt)
The Director of Planning and Inspection proceeded with a
review of Planning Commission Application No. 76028 and
the Planning Commizsion action at their May 13, 1976
meeting. He stated that the applicant seek d . t' on of,
and a minor adjustment to, Application No. 62019 iar.volv,ing
property at 5581 Emerson Avenue forth He further stated
that the application was approved by the V11I1age Cou.nc,Il in
1962, permitting a metes aaad bounds divlu ion t0 create a 64
foot and a 62 foot wide lot. He explaired that applicant
now proposes two 63 'foot lots, and that t he prope7ty has been
assessed for two utility connectYons. He 1 -1ex t ed a
transparency showing the loca'Ion and co,_aficjura,t�on of the two
proposed 63 foot lets and noted that this Is with the
size of other lots in the area.
Mayor Cohen recognized the applicant, Marl µ,s Enla elhardt , who
stated that she had nothing further to add to iLe a 1plicatlon.
Mayor Cohen next opened the meeting to notified property owners. Public Hearing
It was noted that no one spoke relating to the a npi ica tion .
:Following a brief discussio-n 0-lere was a Caoncilnlan Action Approving Planning
Fritts and seconded by Coti cl`mdn Kajefler t c a? : w ve Planning Commission }. Application
Commission Application NoA 76028 submitto`l t x No. 76628
Engelhardt, nojttnIg ei� t the artlon, is con, the ...^ the Intent (Marlys Engelhardt)
of the earlier action I', that it is consistent w th aalte nt of
the subdivision crd n an e, including the h tai « la.nj,s for a - a'riance .
Voting in favor werr;� Mayor Cohen, Cc n.s: .I d. ?.;en, F'igna,r,
Fritts and Kaefler, Voting 3,g -ji L. ,;ta Ilene,. T x moit9C`n passed
�nanimous.ly. .
The City ManagfK r .ii i ;uce t (e next ite (i"i treat of Planning CDmmission
a
Planning Comm. _ G, eaa. Apr ,� ticr, Igo. 76 ;960 _x~ �ttod ley Applicat.i,on No. 76630
0
John Kowalczyk=, 6843 Ccl ax kvsnue Ncrff�l (john Kowalczyk)
The Director cf Fly ng and wit` a review
of Planning C � _n�9_.� �'� Application No. 76030 Find the Plann -ing
Commission action at their May 6, 1976 meeting. llr. Stolted that
the applicant a variancs from Sect.1ovi 8 to permit
construction, of .i a,ccessory b'jild,'�.ng 26 feet from thsc property line
i —Jace t t,s,; a ��!off' ri�t. .fir �a'i u�, � required 50
foot sethack. He � � ,.y -� issued
�. � ��'t�.�r �t�t�,'. th ���' ,�.e9�� u � .0 ° €�??? 1� "3;bed
for the garage anoi the slab had been pc7 red when ti -e discrepancy
w.a.s disco -vexed army the work had been stopped. rig-, explained
*hat c re-view of t h sto'-sy of the propert", th p ysicL j.
characteristics, �cf the area, and the City- Jlrrkpr . ed access restrictions
had been cone , e ;d in de the reco!nrne �:.� 6o.n, nor approval
of the variancee Dllrector of Plan,-Anq ar�� next re-
viewed a tran'spsrgncy showing the locatio n r configuration of the
property in question, poi nth g out the loratIon of the already poured
slab and where a,7 a c e er; Ildinq would < " : to be located to be
in compliance with the ordinance.
The City Manager e+nph.asized that a mistake vTas :lade in issuing
the permit, and pointed out that the staff recon ( favoring
the application is not merely an attempt to rationalize that mistake.
He stated the applicant has valid basis for the variance.
5/24/76 -10
A brief discusi.-'on e relative to the appiica,ticn. M'-'ayor
Cohen recognized the applicant, John, Kowalczyk, vjho statsdll
tnat he 2urther to add to the apydication.
Public ]Hearing Mayor Coher, next opened the m eeting to notified property
olAsmers. it ' F t no one spoke relating to the
application.
Action Approving Planning Following f there was a rood on. t— 3, - - , T,- , ,n.,
Commission Application Britts , se':✓Onde by Ccuncilrrnan Kuefler to approve FOnning
No. 76030 Commission Application No. 76030, submitted, by j ohn
(John Kowalczyk) Kov7alczyk, for s to permit construction cf Ftn
accessory 26 feet rather than 50 feat th-E7,',
Wo
.P -n.ue prGperty line, noting the request Is witltin
ordinance for granting a variance, partic-uharly
respect to u of tine specific parcel and Vhie
n! Cie adjacent parcels resulting ixn, pa.rt
earlier zappr by the My during - C-h..e 4.i evelopm�3,-,t uf
aree—
'Ing in favor wern V Mayer Cc'h Co ]'-' n�'Sr-'�n J"Britti;",
Fignar and MoRar. Vo2ng against- none. The .no on
u nanimou s ly.
Planning Commission The My Maravor introdyned tha next item, of OF
Application No. 76031 Planning MUSIM-r! A�Pplf"'catiton No 76031,
(T.E. Johnson) E. john son.
Tne Director c a. d. inspectic proceec w-' i a
of Planning Commis Mn Application No. 76031 and the Planning
Commission raction at their May 13. 1.976 meeting. 'H,�o
thBt the applizort was sec king a varia
ordiriaDG-e. in War tD accor klvh�-at amnounted to e;
keeping actlor involving his property a', Uac
property. lie explained that the applicant livzs at 5121
Cam Aveni. Lt "n and ht. owned foir many years apprnx-
imately 15 feet t""'c rear lot line, or. S4. 7
Avenue North, aa& We ea3t linva of Bellvue Par' iie
explained that tht- lot at 5427 Cam;den -Av(--InucL
is 135 feet de wn raSsr Win, ar proxim, tely 150 Mot Map as
tie applicanv;3 1U. he that tb,�� appliKca�nt simply
vianted to canvoy MY 1'E- foot portion proporl,'
to the nelab.'"or and bo
revievved whoWng the locatior, &tid
of
g
the propenLT, q
NOW When rncnqr�Eed the d ant , T 'E'3
who stated Qat lie had nothing further to add to the applI(.-,'aii(-%-,.
Public Hearing Mayor Cohen next opened the irkeeti to notifie'd, '
ov.Tner,3. It nctyd Oat nc one spoke relating to tb,,e app.d
tion.
Action Approving Planning Following a . it d,-scusbion there was a motion by
Commission Application man jensen and secondeo. by Councilman Britts to approve
No. 76031 (T. E. Johnso-n) ing Commis sion j lip ication- No. 76031 , submitted by T. E.
T - m 'ing that the approv al is consistent with the intent
ol son, notl
of the subdivisi(-,-, ordinance and the resultant lots will be
normalized, i A oa t no one-half and south one-half of
Lot 3, except for the park.
5/24/76
Voting in favor were o Mayor Cohen, Ccuncilmen Britts,
Jensen, Fignar and xuefler. Voting against none. Ty c
motion passed unanimously
Councilman Fignar left the meeting at 10:50 p.m,
Member Tony Kuefler introduced the following ori hnance and ORDINANCE
moved its adoption- NO o 76 -5
AN ORDINANCE AMENDING CHAFFER 35 OF T H E CITY
ORDINANCES RELATIVE TO SIDE CORNER YARD SETBACKS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER
DOES ORDAIN AS FOLLOWS-
Section. 1 o Sent }on 55 -400 (2) is here';; a x. e7 by true
addition of the following:
(2) Where no moire than 6 interior lots :a e f�c t
on a "cross street", and where the co: er lots
are developed so that one side yard of e c-b. corner
lot faces the "cross street the front yard setback
of the interior lots may conform to the si Jo yard
setbacks of the corner primary structures. Setbacks
along major thoroughfares as designates "
Section 35 -900 shall in no event be less an 50
feet, measurod from the. street right ly tire.
A sinCx.i.E' f da117e11 saC ." e :nitt `ac ,so
struct :a.re s may be co ;t acted to Tiliit tl i flift t 1 5
feet of the side corner lot like on a, e_
corner lot which was of le al record ozn :December 1 9,
1957 and does not meet t.'he ip ts o
this o diva La ce as to width.
Section 2, Ymhls or ii ,.� once shal.I become a l,er
adoption and , , , ,pon, thirty 00) days following "t, Itt a.l
publication
Adopted this 24 .day of May, 19 76 .
The motion tour option of t"lle foregoing or din�j n ze was dull,
seconded by mf,: Maurice -k-.,t s, arrd up .or vote. being taken
tvlereon, the o to voted in favor thereof,� Cohen,
Maurice Britt-7,, Tony uefler, and Robert the following
voted against the sarre, none, v hereupon said oad' "ante was
declarerd 4=�ly an ad ptedm
Member Robert Tonser , Ftr 'd c tite folloixd .". r -anc and ORDINANCE
moved its adoption. NO, 76 -6
AN ORDINANCE AMENDING CHAPTER, 35 OF THE CT
ORDINANCES RELATIVE TO REAR YARD SETBACKS
THE CIF' COUNCIM OF THE C 'I OF BROOKLYN` CENTER DOES
ORDAIN AS FOLLOWS
Section 1. Section 35-400, Table of Minimum Di strict
Requirements is hereby amended as follows:
5/24/76 -12-
Yard Setbacks (W.
(5)
Rear (6)
One Family Dwel�-ing (Interior Lot) [40] 25 (9)
On, Fam--; (Corner Lot)
4 6
Two Family Dwreliing ;,Corner Lot) [40]
Section 2. Section 35-40C is hereby amended by the
addition of the following-
Tinn, x re"Li
(9) 1 dent,� lots shall ha:ve a rninimunk rear
of the total lot area -Xelusive
accesscry gtructures
Section S. ibis crdinance shall become effective after
adoption and o on Voty (30) days following its legal
publication.
Adopted this 24th day of May, 1976.
The motion far Ve adcpUon of the foregohng ordinance was July
seconded bry Tcrt-,7 Kaefler,, and. upon vote being taken
thereoin the Mawirg Wed in favor Uhereoi.� Philip Cohen,
Maurice Brht.�, an dl Robert. Jensen; and the
following votes DyMnst 5w; same: none, whereupc,--n said
ordiranc.c. was Waiafud duly passed and adopted.
ORDINANCE Member Tony Qckar inloduced the iollowi and
NO. 76-7 moved its adopVWw",
AN ORDU A�,ICV MIETUDING CHAPTER 37) OF THE CiTY
ORDINANCES FATATIVE W SUBSTANDARD LCOTS A`N11) PARCIELS
THE Q rCITY OF BROOKLYK WITTER DOW-
0 R D, A IT N A 7 C i LC S -
secholl 1 . 30& ?51-500 is ber's"by ammer"doct a-' follows:
�Ary I-) r-), t held in sin ?of
record on Apr! 4, 1940, the date on Mich. the Clity of
Brooklyn CArtur Ust adopted a zoning ordinance, and
wh1r- doe5 not ineet the requirements of this or'dirnan.ce
as to :are a , 0 w cther open space may neverth'e"',e—ss
bc� ,-, r single faudly detached. dwelling, parpos(-S,
provided tic. of such area, Wt h, or open
7`,,'X of the requirements for them under
the terms af c ,,, r , -nancej
A ], t or was of lega record within the R-1
or 4-2 qyvrd]gc� QQj;jQ_c;j 1, 1976, and which
does not nv,-ut. the reaudements of this ordinance as
to width or r-!z nevertheless be utilized for single
'j"y-J �urposes , pre vided the width
is not less th3n 40 feet at the property line; the lot area
is not less 5 , square feet, and provided that
yard settyj-K regurraments for sin !jje family detached
dwellbn�s
Section 2. This ordhriance shall become effective after
adopticr, and upon thhty (30) days following its legal.
publication.
_ 13- 5/24/76
Adopted this 24th day of May, 1976
The motion for the adoption of the foregoing c dl Y . a - " 'I le was
duly seconded by member Robert Jensen, and upon 7, ote
being taken thereon, the following voted in favor thereof:
Philip Cohen, Maurice Britts, Tony K_i.et.mer, and Robert
Jensen; and the following voted against the same, none,
whereupon said ordinance was declared duly pa s sod a , nd
adopted.
The City Manager the next item. of S Hennepin County Public
on the agenda, that of discussion on e proposed Tea mepin Safety Communications
County Public Safety Commun cat'�ons System s Powers Systems
Agreement. He sta e. that the City through
Resolution No. 75 - 82, te, pars - iP to in a
communications cy stems plen n; `r,.g exercise, and th,e
result of that exercise was the reccmmendat? -_.) - ' � 9�.ix
Powers Agreement to implement the 911 te .phone
system and an integrated public, safety tl'',TI.s
system.
The City Manager explained that the 911 emerge , =J
telephone system is a major achievement in cther parts of
the country and that it is a goal of the Hen.nep n
Communications Steering Committee to flne ss , k-tnm
work here even. better than it has in, other pa o' t'`n
country® He briefly discussed the features of '_k y stem
and pointed out the problems s expP .,e -nced
which can hopefully be Fa vTo.lded a H sty te.-I f rat ha 5 , been
recommended by t`e Hennepin Cou,r ty
Steering Committee that a "soph,istioa.ted 911 `aF,vs em be
implemented in tEcA c -Inty. lle explained t' a t
"sophisticated " 911 w N i employ t -ie use of
enabling a person �tna 4=q (_,an emergency Cal] in
Center to be a'�Aomatl _a l,ly ro�� ed to the Proo� i �`s � A
dispatcher by dia.ilng t, , theee digit 911 Fle
further explained t. at ,. -n_: system. would
°o the same roti: r LLn`�er ma i.c pa.li ies in th yr tee
` f,e City Manager 5 t r t ed that f =fie s stem a , .,a e
r .,A; �r�e tele �mber and dd
capability -® �^�, s � .�,pho me k�� k A r y:i) o
the person mays sg t a call bu;t that the pa Ta, , g
municipalities will only opt fo, th+ Ev —11
s,apability due to t`_se: nI,, f .. co t
the address
irs response to 'a by Councilman t,a Cit
Manager stated the :t_ s, 5terrr, to 911 would F tn,e
normal seven digit emerq ,, v
The City Manager to discuss the .hJ.Stor�+ of how
radio frequencies '�e o c tain,ed® He stated that ame..rgency
dispatching at o e time 7tras handled through tt,. Cow ty
Sheriff rlff Dap stir,(' 4 r d . 9 3�x, .: a, . s A t _t � . P � Tn'a j
Poore Many suburban municipalities, such € s B'roo�kl n
Center, sought anLd obtained federally a s 5l.g ed
frequencies and began doing their own dispatching.
There are now no more federal frequencies available.® He
stated that there is good possibility that they_se r, �,.unKicipal.itaes
might eventually be Eq- ,:iced to gi.� "e up their frequencies- if
5/24/76 -14-
=n es —Lio n rallst ca nnot be furnished through joint efforts.
He further tn �t municipalities icipalities, Sri "Q.luGking
in to join A. p LSN h/`6o s... 4
without that an Ofective and reoporns,lve oert alit , .d
s s em of e -a r dispatching could e, iarpiemented. °le
explained that the p rrposed 7'ohat Powers Agreement would
establisfii a tent ,, erhos'. -n a final dete.ry ;nati n VTUc '5
not be 514.cade u-,70 707, 7, 1978. He further explained that the
Joint Powers A
j '`v dd establish an Exectliv
Committee ;esltJ l" for t governance c and admi Lstr, �K
c,f th program and ii, at ai �,urancc;s were in'terpC2e6, rt cn `'
prr,, operation and control of V:�.-.
� e oA� cdud e �. .,�.r 't'r a t " Tf .�Y.
r. conclude .usl � ._. �' .�. �(-A� m -d ���.a�.tl.,
and provide f -, _. pry e:Ptiona e voice in, the «r ov r1.4gnce and
iadmdnL�tznatioi� n? the system pricr to possibly being avindat-,A'
b y t ip-- State to W;Amnnt a program. not ctez�igned in th ps z;
interests of tho participants. Mayor Cohen connnir-inted
. _
kµ
the approach �1 >v:,_i, �? seems .al.T�"ill�!� i9 the i�r:pr� ? <.,v
Viken wl - i`t` n th Ma + r'.K am, -, in volved with LO
A brief _re's .xL,:.i.��;�M , �:�.:�.`�.$,���� to the 911..
ee<< r °� g y
and
br �..!l ". dC Y, �. ad ], -) —e
, f o f `3i d ' s'' 'xnR
i OH4;.1'wrM.13 the, .�� : i.�'�:..< ,� .,�.`it s:t the City .LVTa -,,u q:k`:7�; ` "_.
�^+ r L T t ��. �,, ,� , A 9 9I s m
es ��,� ��.. .� � _ s T� ��� u�?�.s JoInt
Adjo,=,m - t Nl'otioff. �,, Cvz. =Knnnn ' Britt, and a''`,co`i'. ed by
A y M Men, GILMANOR BrAfts o lK,ue e and
ie'cif'1ri u,M mc piasa�ioid e Th
�e rten 7� t C .'l ,.rned at HAS Po"On.
° 1
4 _ 0/24/