HomeMy WebLinkAbout1976 07-12 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
JULY 12, 1076
CITY HAIL
Call to Order The Brooklyn Center City Council met in regularssessi,on
and was called to order by Mayor Philip Cohen at
7:30 p.m.
Roll Call Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and
Jensen. Also present were City Manager Donald Pons
Director of Public Works James Merila, City Attorney.
Richard Schieffer, Director of Planning and Inspection
Blair Tremere, Building Official Will Dahn, and
Administrative Assistants neon Beasley and Ronald
WarrE.
Approval of Minutes Motion by Councilman Jensen and seconded by
6 -28 -76 Councilman. Britts to approve the minutes of the
June 28, 1076 City Council meeting as submitted.
Voting in favor were Mayor Cohen, Councilmen Britts,
,Kuefler, Fignar, and Jensen. Voting against: none.
T ie rn,:•tion passed unanimously.
Acknowledging The City Manager introduced the first item of business
Notice of Claim on the agenda, that of acknowledging receipt of a
notice of claim filed against the City. He stated that
the claim is made by Wilma Angelo in an amount in
excess of the statutory maximum, for the death_ of her
son Michael Angelo who drowned in Twin Lake on
June 23, 1076 He explained that the claimant alleges
that the drowning was the result of the negligence pan
the part of one or more of the following parties: The
City of Brooklyn Center, the City of Robbinsdale,
Hennepin County, and the State of Minnesota.
A brief discussion ensued relative to the claim. In
response to a question by Councilman Kuefl -nr the Cite=
Manager explained that Twin Lake beach is posted with
a sign admonishing no swimming,
Following further discussion there was a motion by
Councilman Kuefler and seconded by Councilman Fignar
to acknowledge receipt of the notice of claim and to
refer it to the City's insurance carrier for disposition.
Voting in favor were Mayor Cohen, Councilmen Britts,
Kuefler, Fignar, and Jensen. Voting against: none
The motion passed unanimously.
Minnesota Health The City Manager introduced the next item of business,
Department Agreement that of a recommended agreement wherein the Minnesota
Health Department would transfer to the City of Brooklyn
Center its licensing authority and related fees in return
for City inspection services at certain establishments
He stated that many premises are licensed both by the
City and the State for the same basic purposes, such
as food handling, In such cases the businesses must
submit to inspections by the City, the State Department
of Health, and possibly the Department of Agriculture,
which results in a duplication of effort and other conflicts
-1- 7-12 -76
He explained that the agreement would transfer to the City
the licensing authority, and the related fees, provided
the City has an established Health Department and agrees
to update ordinances to be in conformity with State
requirements. He further explained that this agreement
will first of all alleviate duplication of effort and
secondly, provide for uniformity in inspections and thus
eliminate many of the conflicts that now exist.
A brief discussion ensued with Councilman Britts
inquiring if this undertaking would cause a need for
additional health employees to accomplish the tasks
involved. The City Manager responded that this factor
wad considered and that additional employees are not
anticipated because the Sanitarian's inspectionai tasks
may not be greatly increased due to the duplication of
effort which now exists; however, additional fees could
support additional staff if necessary.
Following further discussion there was a motion by Acti Appr >ving
Councilman Britts and seconded by Councilman Kuefler Minnesota iealth
to approve an agreement wherein the Minnesota Health Department Agreement
Department transfers to the City of Brooklyn Center its
licensing authority and related fees in return for City
inspection services at certain establishments., ,Voting .in
favor were Mayor Cohen, Councilmen Brills, 'Kuefler,
Fignar, and Jensen. Voting against: none. The motion
passed unanimously.
The City Manager introduced the next item of business, Final Plats
that of final plat approval for three plats that had
received preliminary approval at the May 24, 1976 City
Council meeting. The Director of Public Works pro-
ceeded to present and review the three final plats.
Mention by Councilman Fignar and seconded by Final Plat Approval
Councilman Jensen to approve the final plat of Baerg °s (Baergas Second
Second Addition. Voting in favor were Mayor Cohen, Addition)
Councilmen Britts, Kuefler, Fignar, and Jensen.
Voting against: none. The motion passed unani-
mp ;�2sYy
Motion by Councilman Fignar and seconded by Final Plat Approval
Councilman Brittss to approve the final plat of Swanco (Swanco Te race
Terrace Addition. Voting in favor were Mayor Cohen, Addition)
Councilmen Britts, Kuefler, Fignar, and Jensen. Voting
against: none. The motion passed unanimously.
Motion by Councilman Kuefler and seconded by Final Plat Approval
Councilman Fignar to approve the final plat of Mayo (Mayo Addition)
Addition. Voting in favor were Mayor Cohen,
Councilmen Britts, Kuefler, Fignar, and Jensen. Voting
against, none. The motion passed unanimously.
The next item of business was a continued review of a Review of Neighborhood
neighborhood master development plan, tabled by the Master Development
City Council at the ,June 28, 1976 meeting. The City Plan
Manager reviewed that the master development plan is
for the area between Bryant and Lyndale Avenues North
from 68th Avenue North to 69th Avenue North. 11e
explained that this plan is a development guide intended
to assist individual property owners in the proper
development of their property. He briefly reviewed the
results of various meetings held with the affected pro-
perty owners and stated that the plan had received
7 -12 -76 -2-
favorable reviowlby Planning Commission at one of
their rac ertt xreetllng��,
The Director of Public Works proceeded to review the
neighbcrhood master development plan, and showed
slide5 of the area affected by this plan.
A brief Mscusson ensued relative to the property in
question, the reaction, of affecteO property owner-7,, and
the fact that approval of th.:s plan is for purpr-ses of
establishing a qui del ine for further development of the
area.
BrAts quwrQona the need for a culQe-zac
to gain .icces the property ,abutting 69th A
North ar, Lyndale Avanus Onth owned by the Word'!
Aflam�r A, : tolic Churoh. The Ehrector of Public W,
respcndyd that the Department has re
plan., ac�7ens points on Lyndale and
on 69th . Y'tr ., a Hig'hway Departmient r, - -)f
the th"at wo be congestive and
in j'igi7t r tbe prok traffic increas:)O_
and upgrad.I. plza_ fnr tt"",at area.
The City Maniv d tilfie Plan i7i a
line that will require regotiat.1on,',� and transactionL
betwk hi. e 7,,- property owners to acnco_mplish.
He Gtatel ..h u-. the City could provide the guideline,
expedence, expertise, anJ he necess�ry 'ro rjccon-
rajah the develspragnt.
CcnnsWan Brittv stated that he favors apprcval of 50-
plan as h gaidedne for crily,
matter of ai sly ting ans pro, =,'rty owner at the expen�
prr art y
Action A pprcvf ncj F,dloW_".-k f dl. cusq..-r, the was a m.tic;__. 7 by
NeighWhood Ma _ter Councilman Fignar, recanded by CouncHnan WeRer to
Develcprnent Plan appr;)v�� Zrast-er dk:rvrelcpm, pl7in for
th6 are;-. Bry -ant Final Lynda,'e North
Wn 664, to 69th fi a a 'N"ortn. V( tin
in favor we Mi y,�.-.r Colhen, Britto,
Fig�,a.r, and Jensen- Voting against, none.. pp
The Cjty that Robert Forernan, Planning
PresentatAm, Chairman, hw r. an opportunity to
make a pre sontat.Inn, to tl�,e City Council.
Mayor Ckhen recognized Mr. Fcrernan, who stated that
he had requested Mio. ioqrportunity to address the City
in behz_A.f of Planning Comnaission, to ask
the City Col mvil to recow:idier and rescind the approval
of Phann.. Commission Application No. 75035
wuthorizcd by the City Ccuncil at its June 28, 1976
Mr. proceeded to briefly review
Plannin. Cc i:nmissfort Application No. 75035, pointing
out the xmrious actions taken on the application and
the research and study associated with it. He stated
that fohowring a joint City Council/Planning Commission
meeting, the. ideea of conducting a Community Survey
was decided as a way of gaining community-wide
opinion on the question of side yard setbacks. He
stated that the results of the survey overwhelmingly
indicated that the community was not in favor of
-3- 7-12-76
changing the setback standards. He commented that the
Planning Commission had reviewed the action taken by
the City Council on June 28, 1976 and feels that approval
of the application is not warranted in that the applicant
has not met the standards for a variance and that the
Council had not outlined its rationale and justification
for approval of the application.
Mr. Foreman stated that he has come before the Council
to convey this opinion, and also to seek direction from
the Council as to how to proceed in the review of similar
variance requests. Mr. Foreman noted that members of
the Jaycees are present to discuss the methodology and
the questioned statistical validity of their recently com-
pleted Community Attitude Survey.
Jaycee member Richard Higgins commented on the survey
and stated Jaycees Mary Hutchins and 'Tom Stire would
address the matters of survey methodology and statistical
validity.
Mayor Cohen recognized Mr. Mary Hutchins, Chairman
of the Jaycees Community Attitude Survey, who proceeded
to review the process involved with the preparation of the
survey. He stated that the survey was reviewed by the
Jaycee Community Attitude Survey Committee, by the
Jaycees as a whole, by the Planning Commission, by the
City staff, and also by the City Council prior to its dis-
tribution. He noted that the survey was also reviewed
by the Minnesota Poll, which conducts surveys for the
Minneapolis Star, and that it was their opinion that the
survey was fair and unbiased.
A brief discussion ensued with Mr. Hutchins responding
to Councilmen's questions relating to the survey and the
sample survey used for control purposes.
Mayor Cohen next recognized Mr. "Tom Stire, President
of the Brooklyn Center Jaycees, who addressed the statis-
tical validity of the survey. He summarized that the
"ccnfidenc:e level" of the survey indicates the survey to
be valid in a statistical sense.
Mayor Cohen again recognized Robert Foreman, who
stated that the Planning Commission had deliberated the
Proposition cf having different setback standards for old
construction and new construction, but had been advised
that ch a distinction could not legally be made.
Councilman Jensen inquired if the Planning Commission
reviewed the petition based on the standards for a variance
only, or if they looked beyond this to address to the need
for the variance. Mr. Foreman responded that the Planning
Commission reviews a variance and makes its recom-
mendation simply upon the basis of whether or not an
applicant specifically meets the standards for a variance.
He further stated that the Planning Commission is of the
opinion that the applicant in Planning Commission
Application No. 75035 did not meet these standards and,
therefore, the Commission did not recommend approval
of the application.
Councilman Fignar suggested it may be beneficial to
reconsider the ordinance standards for a variance.
7 -12 -76 -4-
A brief discussion ensued relative to the standards for
a variance with the City Attorney commenting that in
order to grant a variance from the zoning ordinance the
standards of hardship and uniqueness must be met,
such standards having statutory as well as ordinance
foundation. He emphasized that the standards must be
uniformly applied in order to avoid conflict with equal
protection provisions of the U. S. Constitution.
Further discussion ensued relative to the economics of
expanding a home rather than purchasing another home.
The City Attorney explained that the courts consider
economics as a factor only if the requirements of an
ordinance essentially deprive a property owner of the
value of his property,
Mayor Cohen cited State Statutes that give munici-
palities the authority to grant variances and the basic
standards for granting them and distributed copies of
the Statute for Council review. He stated the opinion
that Planning Commission Application No. 75035 was
not handled in a proper way by the Council, in that
approval, of the variance did not show findings that the
applicant had met the standards for a variance. He
further stated his opinion that the application did not
meet the standards for a variance and that if the
Council wants to accommodate the applicant, changes
to the ordinance should be made. He stated that he
would entertain a motion to reconsider Planning
Commission Application No. 75035, but that the motion
would have to be made by a member of the Council. who
had previously voted in favor of the approval..
Councilman Fignar inquired if there was a legal problem,
in respect to the applicant's rights, if the Council
voted to reconsider and rescind its prior approval. The
City Attorney responded that no one can rely on. an
illegally granted permit. He stated that if a permit is
based on an illegal action it can be rescinded®
Councilman Britts commented that he does not consider
the Council'o approval of the application as illegal®
He stated that the Council has recently changed other
setback requirements by ordinance revision and has in
the past granted similar variances.
Discussion ensued relative to past variances, the need
for variances and the fact that approval of variances is
contingent upon an applicant meeting the standards for
a variance.
Councilman Jensen suggested that the Council impose
a moratorium on variances of this type in order that the
City Council and the Planning Commission can review
further the question of side yard setbacks. He stated
that often requests for a variance suggest a need for
modification in the ordinance. He explained that he is
sympathetic to the request and that the Council and the
Planning Commission should jointly review the matter
during the suggested moratorium period.
Planning Commission Chairman Foreman responded that
one or even a few requests of this nature does not
represent a community consensus for ordinance modi-
fication.
-5- 7-12-76
In response to a question relating to the effect of a
moratorium on Planning Commission Application No. 75035,
the City Attorney stated that the moratorium would have
no effect on the application in question and the building
official would be required to issue the permit.
Councilman Kuefler stated the opinion that the City
Council had granted a variance in this case with no
justification. He further stated that in essence the
Council has changed the side yard setback standards to
5 feet because of the approval of this variance, and if
this is the Council's desire, then it should be done
through an ordinance change.
Mayor Cohen recognized Cecilia Scott, a member of the
Planning Commission, who stated that the Commission
needs direction from the City Council on how to proceed
with variance requests of this nature that may come
before the Commission in the future. She further com-
mented to the effect that a moratorium on variances was
not the best way to proceed.
Following further discussion there was a motion by Action Reconsidering
Councilman Fignar and seconded by Councilman Jensen Planning Commission
to reconsider Planning Commission Application No. Application No. 75035
75035,- to rescind the variance action of June 28, 1976; (Jack Welsh)
and to table the matter to permit further consideration of
the legal and planning ramifications of the issues raised
by the application. Voting in favor were Mayor Cohen,
Councilmen Kuefler, Fignar, and Jensen. Voting against:
Councilman Britts. The motion passed.
Further discussion ensued relative to how the Council
should proceed relating to the application and the question
of side yard setbacks.
Motion by Councilman Kuefler and seconded by Action Requesting
Councilman Jensen to request the City Attorney to seek the City Attorney to
an Attorney General's opinion relating to the legality of Pursue an Attorney
establishing ordinance provisions that would permit General's Opinion
existing structures to have different setback standards
than new structures and certain related issues. Voting
in favor were Mayor Cohen, Councilmen Britts, Kuefler,
Fignar, and Jensen. Voting against: none. The motion
passed unanimously.
Mayor Cohen suggested that a joint City Council/Planning
CommisEA,on meeting be established to review the planning
principles and guidelines relating to variances, and also
to reconsider the issue of permitting the conversion of
screened porches behind garages to living space.
The City Manager reported that the Planning Commission Planning Commission
had only one meeting in which to deliberate on Dr. Schell's Application No. 76011
application. He stated that the Planning Commission has (Dr. Robert Schell)
recommended that the application be further deferred for
review. He explained that Dr. Schell has been informed
of this request and has stated that deferral of the appli-
cation does not create a hardship.
Motion by Councilman Fignar and seconded by Action Retabling
Councilman Britts to retable Planning Commission Appli- Planning Commission
cation No. 76011 submitted by Dr. Robert Schell. Voting Application No. 76011
in favor were Mayor Cohen, Councilmen Britts, Kuefler, (Dr. Robert Schell)
Fignar, and Jensen. Voting against: none. The motion
passed unanimously.
7-12-76 -6-
Recess The Brooklyn Center City Council recessed at .10.15
p.m. and resumed at 10:40 p.m.
Licenses In consideration of persons in attendance, the City
Manager requested the Council next address the list of
licenses recommended for approval. He asked that
approval of the licenses for the Chuck Wagon Inn be
contingent upon final approval by the City Sanitarian.
He explained that there are some minor deficiencies
which must be remedied before the Sanitarian will
recommend the issuance of a license.
Following a brief discussion there was a motion by
Councilman Kuelfer and seconded by Councilman
Jensen to approve the following licenses, with the
issuance of the licenses for the Chuck Wagon Inn
contingent upon final approval of the City Sanitarian:
BINGO LICENSE
St. Alphonsus Fun Fair 7025 Halifax Ave. N.
CIGARETTE LICENSE
Chuck Wagon Inn 5 720 Morgan Ave. N.
FOOD ESTABLISHMENT LICENSE
I- TAr-
vvagon Inn 5720 Morgan Ave. N.
GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE
Bautch Disposal Service 2931 Marshall St. N.E.
LeRoy Johnson 125 Bunker Blvd.
Peikert Sanitation Route 2, Box 195
GASOLINE SERVICE STATION LICENSE
Duke's Standard 6501 Humboldt Ave. N.
Humboldt Avenue Standard 6900 Humboldt Ave. N.
HOUSE MOVER'S LICENSE
Badger Movers, Inc. 3550 Grimes Ave. N.
ITINERANT FOOD ESTABLISHMENT LICENSE
St. Alphonsus Fun Fair 7025 Halifax Ave. N.
OFF-SALE NONINTOXICATING LIQUOR LICENSE
Chuck Wagon Inn 5 72 0 Morgan Ave. N.
ON-SALE NONINTOXICATING LIQUOR LICENSE
Chuck Wagon Inn 5 72 0 Morgan Ave. N.
PUBLIC DANCE LICENSE
Chuck Wagon Inn 5720 Morgan Ave. N.
TEMPORARY ON-SALE NONINTOXICATING LIQUOR
LICENSE
St. Alphonsus Fun Fair 7025 Ha lifax Ave. N.
Voting in favor were Mayor Cohen, Councilmen Britts,
Kuefler, Fignar, and Jensen. Voting against: none.
The motion passed unanimously.
RESOLUTION Member Robert Jensen introduced the following
NO. 76-91 resolution and moved its adoption:
-7- 7-12-76
RESOLUTION EXPRESSING RECOGNITION OF AND
APPRECIATION FOR THE DEDICATED PUBLIC SERVICE
OF MR. JOHN MARTINSEN
The motion for the adoption of the foregoing resolution
was duly seconded by member Maurice Britts, 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 next announced his appointment of Mario Mayoral Appointment
Nyquist, 3707 53rd Place North, to the Park and to the Park and
Recreation Commission representing Park Service Area V Recreation Commission
and requested Council confirmation. He briefly reviewed
Mrs. Nyquist's background, pointing out that she has
been active in various civic, church, political and youth
organizations in Brooklyn Center. He stated her appli-
cation has been favorably reviewed by the Park and
Recreation Commission Chairman.
Motion by Councilman Britts and seconded by Councilman
Fignar to confirm Mayor Cohen's appointment of Marie
Nyquist to the Park and Recreation Commission repre-
senting Park Service Area V, effective imrrredidtely for
a term to expire December 31 , 1977. Voting in favor
were Mayor Cohen, Councilmen Britts, Kuefler, Fignar,
and Jensen. Voting against: none. The motion passed
unanimously.
Mayor Cohen reported that he is seeking candidates Advisory Commission
to fill present vacancies on the Human Rights Commission Vacancies
and the Housing Commission. He stated that the vacancy
on the Housing Commission is from the southwest neigh-
borhood and that persons wishing to serve on these
Commissions should contact him for consideration.
Member Maurice Britts introduced the following resolution RESOLUTION
and moved its adoption, NO. 76 -92
RESOLUTION ACCEPTING QUOTATION FOR PUMP REPAIR
OF BROOKLYN CENTER WELL #6 LOCATED AT 1207 69TH
AVENUE NORTH
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 RESOLUTION
and moved its adoption: NO. 76 -93
RESOLUTION ACCEPTING QUOTATION FOR THE BAILING
OF SAND FROM BROOKLYN CENTER WELL #6, LOCATED
AT 1207 69TH AVENUE NORTH
7 -12 -76 -8-
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,
Bill Fignar, and Robert Jensen; and the following voted
against the same: none, whereupon said resolution
was declared duly passed and adopted.
Metro HRA The City Manager introduced the next item of business,
Rehabilitation that of a recommended resolution for the purpose of
Grant Funds requesting the Metro HRA to apply to the Minnesota
Housing Finance Agency for Housing Rehabilitation
Grant Funds on behalf of the City of Brooklyn Center.
He stated that the State has appropriated money to the
Minnesota Housing Finance Agency to be used across
the State..to rehabilitate existing housing. He ex-
plained that the available funds will be in. the form of
both loans and grants. He further explained that the
low asd moderate income loan funds would be made
available through participating commercial financial
institutions, while the low income grants would go
directly from the Housing Finance Agency to the
qualifying citizen. He briefly reviewed the Metro
Council allocation formula that provides a propor-
tionate share of loans and grants to Metro communities
and noted that the allocation plan provides $240,000
in loans and $16,038 in grants for residents of
Brooklyn Center.
The City Manager stated that participation in this grant
program will help provide an indication of the need in
Brooklyn Center for housing rehabilitation. He further
stated that the allocation is for a three year period with
unspent money being repooled and redistributed to areas
that are in need.
A brief discussion ensued relative to the grant program,
the administration of grant applications, the deadline
for requesting participation and the degree of local
involvement in the program.
The City Manager explained that if the City wishes to
be eligible for this grant program, it must request the
Metropolitan Council to include Brooklyn Center in its
application for the grant fund program and then enter
into an agreement for operating the program in the City.
RESOLUTION Member Bill Fignar introduced the following resolution
NO. 76 -94 and moved its adoption:
RESOLUTION REQUESTING METRO HRA TO APPLY FOR
REHABILITATION GRANT FUNDS FOR THE CITY OF
BROOKLYN CENTER
The motion for the adoption of the foregoing resolution
was duly seconded by member Maurice Britts, 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.
-9- 7- 12 -76
Member Tony Kuefler introduced the following resolution RESOLUTION
and moved its adoption: NO. 76 -95
RESOLUTION REQUESTING THE MINNESOTA STATE
HIGHWAY DEPARTMENT TO INSTALL, PROTECTIVE
FENCING ON THE BRIDGE RAILINGS AT XERXES AVENUE
NORTH OVER F, I. 94 AND COUNTY ROAD NO. , 10 OVER
TRUNK HIGHWAY NO. 100
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,
Bill Fignar, and Robert Jensen; and the following voted
against the same: none, whereupon said resolution
was declared duly passed and adopted.
The next item of business was discussion of a recom- Noise Abatement
mended resolution requesting the Minnesota Highway on'FI -94
Department to consider acquiring an undeveloped strip of
land, for noise abatement purposes, that lies southerly
of FI -94 between Noble Avenue and T.H. 152. The City
Manager stated that the Highway Department is planning
noise abatement structures along FI -94 west of -T.H. 1,52.
He explained that public meetings have been held within
recent months relating to this noise abatement plan and
that it is the feeling that this property should be acquired
for the purpose of providing earthen berms for noise
abatement purposes.
The Director of Public Works reviewed a transparency
showing, the location of the undeveloped strip of land
and its relation to FI -94 and the developed residential
property to the south.
The City Manager stated that the Highway Department
has said that acquisition of this land would cause at
least a two year delay in the noise abatement project.
He further stated that this acquisition, for the purpose of
creating earthen berms for noise abatement is the best
practical use for the strip of land.
A discussion ensued relative to the property in question
and the amount of land needed to create an effective
noise abatement berm. The Director of Public Works
explained that all of the land in question would need to
be acquired to provide adequate noise abatement.
Member Tony Kuefler introduced the following resolution RESOLUTION
and moved its adoption: NO. 76 -96
RESOLUTION REQUESTING THE MINNESOTA STATE
HIGHWAY DEPARTMENT TO CONSIDER ACQUISITION OF
THE UNDEVELOPED PROPERTY LYING SOUTHERLY OF
F.I. 94 BETWEEN NOBLE AVENUE NORTH AND TRUNK
HIGHWAY 152 FOR NOISE ABATEMENT
The motion for the adoption of the foregoing resolution
was duly seconded by member Robert Jensen, and upon
vote being taken thereon, the following votedAn 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.
7 -12 -76 -10-
ORDINANCE Member Bill Fignar introduced the fallowing ordinance
NO. 76 -10 and moved its adoption:
AN ORDINANCE AMENDING CHAPTERS 15 AND 35
RELATIVE TO MINIMUM LOT DIMENSIONS IN THE R -2
(ONE AND TWO FAMILY DWELLINGS) DISTRICT
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER
DOES ORDAIN AS FOLLOWS:
Section 1: Section 15 -106 (g) (2) of the City
Ordinances is hereby amended to read as follows:
(2) Size. The minimum interior lot dimensions in
subdivisions designed for single- family detached
dwelling developments in the R -I and R -2
Districts established by the Zoning Ordinance
shall be:
(aa) R-1 - District: 75 feet wide at the estab-
lished setback line;
R -2 District: 60 feet wide at the estab-
lished building setback line;
(bb) not less than 60 feet in width at the front
lot line;
(cc) not less than 30 feet in width at the rear
lot line;
(dd) not less than 110 feet in average depth;
and
(ee) R -1 District: not less than 9,500 square
feet in area;
R -2 District: not less than 7,600 squ
feet in area. —
The minimum corner lct dimensions for single -
family detached dwelling developments [where
permitted under] in the R -1 and R -2 Districts
established by the Zoning Ordinance shall be:
[ (aa)] (ff) R -1 District: 90 feet wide at the
established building setback line,
R -2 District: 75 feet wide at the
established building setback line;..
[ (bb)] not less than 100 feet in depth; and
[ (cc)] (hh) R -1 District: not less than 10,500
square feet in area;
R -2 District: not less than 8,750
square feet in area;
-11- 7' -12 -76
Section 2: Section 35 -400 (Table of Minimum District
Requirements) of the City. Ordinances is hereby amended,
with respect to land area and widths in the R -1 and R -2
Districts, to read as follows:
DISTRICT LAND AREA ( WIDTH
(sq. ft.) (feet)
R -1
One Family 'Dwelling
(Interior Lot) 9,500/unit 75
One Family Dwelling
(Corner Lot) 10,500 /unit 90
R -2
One Family Dwelling
(Interior Lot) 7,600 /unit 60
One Family Dwelling
(Corner Lot) 8,750 /unit 75
Two Family Dwelling
(Interior Lot) 6,200/unit 75
Two Family Dwelling
(Corner Lot) 6,200/unit 9 0
Section 3: This ordinance shall become effective
after adoption and upon thirty (30) days following its
legal publication.
Adopted this 12th day of July, 1976.
The motion for the adoption of the foregoing ordinance
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,
Bill Fignar, and Robert Jensen, and the following voted
against the same: none, whereupon said ordinance
was declared duly passed and adopted.
The next item of business on the agenda was discussion Charter Amendment
of an ordinance amending Chapter 6 of the City Charter.
The City. Manager stated that in response to Council
direction given at the June 28, 1976 meeting, an ordinance,
recommended by the Charter Commission, amending
Chapter 6 of the City Charter has been prepared for first
reading. He briefly reviewed the points of departure
from the normal procedure of enacting an ordinance that
are required for the adoption of a Charter amendment by
ordinance which include: two weeks published notice
of a hearing rather than one week, the fact that the second
reading of the ordinance must be adopted unanimously,
and that the ordinance and subsequent Charter amendment
will not become effective until 90 days after passage
and publication.
Motion by Councilman Kuefler and seconded by ORDINANCE
Councilman Jensen to offer for first reading an ordinance First Reading
amending Chapter 6 of the City Charter relative to the
powers and duties of the City Manager. Voting in favor
were Mayor Cohen, Councilmen Britts, Kuefler, Fignar,
and Jensen. Voting against: none. The motion passed
unanimously.
The City Manager introduced the next item of business, Report on 63rd Avenue
that of a. report by the Director of Public Works relating North Traffic Volume
to the traffic volume situation on 63rd Avenue North and
a; requested traffic diverter plan and stop sign. installation.
7 -12 -76 -12-
The Director of Public Works proceeded to review a
detailed report on a traffic analysis of 63rd Avenue
North between T.H. 152 and T.H. 52. He stated that
the report was prepared to address the concerns of
increased traffic volumes, speeding and the need for
traffic diverters or four-way stop signs on 63rd Avenue
North as expressed by Mr. Michael Monahan. He
reviewed slides showing various aspects of the road-
way in question, and explained the traffic surveys
conducted. He stated the traffic volumes on 63rd
Avenue have predictably increased since 1965, but
that the increase is due primarily to traffic generated
by residents of the neighborhood as opposed to
through traffic on 63rd Avenue. He explained that the
Brooklyn Center Comprehensive Plan designated 63rd
Avenue as an arterial street (through traffic) and as a
collector street (neighborhood traffic) and that the
street seems to be functioning as was intended by the
plan. He further explained that attempting to decrease
the flow of traffic on 63rd Avenue North would simply
cause greater traffic problems on other streets in the
City.
The Director of Public Works next reviewed speed
surveys conducted on 63rd, which show that 93% of the
traffic utilizing this roadway are traveling less than 35
miles per hour, which is within the range of speed that
law enforcement officials strive to achieve for a street
having a speed limit such as that on 63rd Avenue North.
He stated that the roadway has a relatively low
accident rate which is less than the criteria established
for erecting four-way stop signs at the proposed inter-
sections.
The Director of Public Works next discussed the pro-
posed traffic diverters at June and Scott Avenues North,
explaining that such diverters would force traffic into
neighborhood areas and would destroy the integrity of
the traffic circulation system in the west central portion
of the City.
The Director of Public Works concluded his review of
the traffic study by making the following recommenda-
tions:
I That traffic diverters not be installed at June
Avenue and Scott Avenue North as requested.
2. That four-way stop signs not be installed at
June Avenue, Perry Avenue and Scott Avenue
as requested.
3. That speed enforcement be continued on 63rd
Avenue North to maintain the current, safe
speed levels.
4. That efforts be made toward encouraging
Shopper's City to change the wording on their
T.H. 52 billboard.
5. That efforts be made to reduce the small amount
of over-the-road type trucks on 63rd Avenue
North.
-13- 7-12-76
k
A brief discussion ensued relative to the traffic survey,
"speed bumps", stop signs, traffic law enforcement and
the recommendations of the report.
Following further discussion there was a motion by Action Accepting
Councilman Fignar and seconded by Councilman Jensen Traffic Study Report
to accept the recommendations contained in the Director on 63rd Avenue North
of Public Works Traffic Study of 63rd Avenue North
between T.H. 152 and the West Corporate Limits, dated
July 8, 1976. Voting in favor were Mayor Cohen,
Councilmen Britts, Kuefler, Fignar, and Jensen. Voting
against.*. none. The motion passed unanimously.
The next item of business was a report by the City Report on Fire Chief
Attorney on the Fire Chief appointment procedure, Appointment Procedures
requested by the City Council.
The City Attorney proceeded to review a memorandum
related to the selection of a Fire Chief and stated his
concern that appointment of a Fire Chief under the
present ordinance absent appropriate procedures, would
conflict with EEOC guidelines. He further stated that
he had found nothing that would prohibit implementation
of the agreed upon selection procedures contained in the
proposed ordinance, which have been approved by the
State Department of Human Rights. He explained that
these procedures could be developed and initiated within
a reasonable time so that the selection of a Fire Chief
could take place as soon as the procedures are accom-
plished.
The City Manager stated that he concurs with the
recommendations of the City Attorney.
Due to the lateness of the hour, it was the consensus Park Policy Plan Review
of the Council to defer review of the Park' Policy Plan
until the next Council meeting.
The City Manager reported that the Human Rights Human Rights
Commission on June 16 1976 had adopted a resolution Commis
® J o Commission
ion p
expressing the Commission °s philosophy on transportation Position on
accessibility for the handicapped. He stated that the Accessible Transportation
Commission has asked for City Council endorsement of
that philosophy.
Councilman Jensen reviewed the action taken by the
Human Rights Commission and explained that the
Commission is sympathetic to the transportation needs of
handicapped people. He explained that the Commission
had heard representatives of the United Handicapped
Federation and the Metropolitan Transportation Commission
and had deliberated extensively on the problems of
accessible transportation for handicapped persons. He
stated that the Human Rights Commission is dedicated to
encouraging accessible services of all kinds and wishes
to encourage the continued development of economically
feasible methods of public transportation that will provide
services for all handicapped persons.
Mayor Cohen complimented the Human Rights Commission
for its work in developing such a philosophy.
7 -12 -76 -14-
Action Endorsing Human Following a brief discussion there was a motion by
Rights Commission Councilman Kuefler and seconded by Councilman
Resolution No. 76 -1 Fignar to endorse the philosophy embodied in Human
Rights Commission Resolution No. 76 -1. Voting in
favor were Mayor Cohen, Councilmen Britts, Kuefler,
Fignar, and Jensen. Voting against. none. The motion
passed unanimously.
Release of Subdivision Motion by Councilman Fignar and seconded by
Bond (Leonard Lindquist) Councilman Jensen to authorize release of a $650
subdivision bond posted by Mr. Leonard Lindquist
through the Dennis R. Johnson Insurance Company for
the Kelly Estates Subdivision. Voting in favor were
Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and
Jensen. Voting against: none. The motionpassed
unanimously.
Dutch Elm Disease The City Manager reported that there will be an up-
coming report on the state of Dutch Elm disease in
the City. He stated that the City is now being con-
fronted with cases where certain people cannot afford
to have diseased elm trees removed from their property.
He explained that in cases of this nature the City can
pay to have the trees removed with the cost of the
removal being charged as a special assessment to the
properly owner for up to a five year period He stated
that assessments of this nature may be included in the
special assessment hearings to be held this fail.
Mayor Cohen requested that information relating to the
development of a new chemical designed to combat
Dutch Elm disease be included in the City Manager ®s
report.
Suburban Rate Councilman Jensen, Suburban Rate Authority Director,
Authority distributed and reviewed a memorandum from Mr. Dan
Briggs, Chairman of the Suburban Rate Authority,
relating to the future of the SRA. He stated that the
Board of Directors have established a policy that
administrative costs will not be financed through the
use of existing funds. He further stated that the SRA
intends to continue to provide a strong consumer -
oriented role in gas and electric utility regulation.
Councilman Jensen requested direction from the City
Council in terms of support for the SRA. A brief
discussion ensued with Councilman Jensen explaining
that the cost of continued participation in the SRA is
.015 per capita, or approximately $500 for the City.
Action, Approving Following further discussion there was a motion by
SRA Dues Levy Councilman Fignar and seconded by Councilman Britts
to continue participation in the SRA and authorize an
expenditure for the SRA dues levy. Voting in favor
were Mayor Cohen, Councilmen Britts, Kuefler, Fignar,
and Jensen. Voting against. none. The motion passed
unanimously.
-15- 7 -12 -76
i
Motion by Councilman Kuuefler and seconded by Adjournment
Councilman Jensen to adjourn the meeting. Voting in
favor were Mayor Cohen, Councilmen Britts, Kuuefler,
Fignar, and Jensen. Voting againsto none. The
motion passed unanimously. The Brooklyn Center City
Council adjourned at 12:15 a.m.
+. Clerk Mayor
7 -12 -76 -16-
i .F