HomeMy WebLinkAbout1975 11-03 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE Clrf COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
NOVEMBER 3, 1975
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 Kuefler, Figlnar, and Jensen.
Also present were City Manager Donald Poss, Director of
Public Works Jim Merila, Director of Finance Paul Holmlund,
Director of Planning and Inspection Blair Trempre, City
Attorney Richard Schieffer, and Adriiniqtntat ve Assistants
Ron Warren and James Lacina,
Mayor Cohen stated that Councilman. Britts would be late
for the meeting but would be attendil"'Ic-r.
Approval of Minutes Motion by Councilman Kuefler arvi seconded by Councilman
10-20-75 Fignar to approve the minutes of the October 20, 1975
meeting as submitted. Voting in favor were Mayor Cohen,
Councilmen Kuefler, Fignar, and Jensen, Voting against:
none. The motion passed unanimously,
Authorization for Motion by Councilman Jensen and seconded by Councilman
Execution of Audit Fignar to authorize the Mayor and ;ity IVIariager to execute
Agreement an agreement with the CPA firm of M(>en and Penttila to
perform the 1975 audit, Voting in favor were, Mayor Cohen,
Councilmen Kuefler, Fignar, and Jensen,, Voting against:
none,. The motion passed urani�_riously,
Final R.L,,S, Approval Motion by Councilman Fignar and seconded by Councilman
Kuefler to approve the final. RJ3,S. for parcels of property
located in the vicinity of Knox Avenue between Woodbine
Lane and 73rd Avenue North subject to the following con-
ditions:
1. The final R.L.S. is subject to review by the City
Engineer.
2. The final R.L.S. is subject to requirements of
Chapter 15 of the City Ordinances.
3. The final R.L.S. is subject to conveyance of street
easements to the City along Knox Avenue, Logan
and 73rd Avenues North.
Voting in favor were: Mayor Cohen, Councilmen Kuefler,
Fignar, and Jensen. Voting against: none. The motion
passed unanimously.
R E S 0 L U'11 0 1\1 Member Robert Jensen introduced the following resolution
NO, 7 5-211 and moved its adoption:
RESOLUTION DIRECTING PLANNING COMMISSION REVIEW
OF CERTAIN ZONING AND SUBDIVISTO
!,T MATTERS
The motion fo. 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, Tony Kuefler, Bill Fignar, and Robert Jensen;
and the following voted against the same: none, whereupon
said resolution was declared duly passed and adopted.
i
Member Bill Fignar introduced the following resolutiori' and RESOLUTION
moved its adoption: NO. 75 -212
RESOLUTION TO TRANSFER SURPLUS FUNDS FROM VARIOUS
SPECIAL ASSESSMENT FUNDS TO THE CAPITAL PROJECTS
FUND
The motion for the adoption of the foregoing resolution was
duly second d 'by member Robert Jensen, and upon vote
being taken thereon, the following voted in favor thereof:
Philip Cohen, 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 City Manager introduced the next item, a recomrended Authorizing Major
resolution for authorizing major repairs - of sanitary sewer Repairs of Sanitary
lift station No. 3, The Director of Public Works then pro- Sewer Lift Station
ceeded with a brief review of the project. He stated that on No. 3
September 22, 1975 the City Council adopted Resolution Nom
75 -188 approving plans and specifications for the lift station
replacement project and directing advertisement for bids, and
that the resulting bids were opened on October 4 with the low
bid exceeding the engineer's estimate by approximately 50%0 +
He commented that subsequently the City Council adopted
Resolution No. 75 -210 on October 20, 1975 rejecting the
construction contract bids received and directing the -City;
Manager to explore the possibility of major repair dme inter-
nally. He next reviewed the resulting recommended ;resolution
which authorized said repairs under a two phase construction;
program
Mayor Cohen left the table at 7050 p.m.
He stated that the projected life span for the lift station would
be approximately 15 years for a major repair and 25 years for
a complete replacement
He then reviewed the repair program, explaining that the first '
phase of repair would consist of replacing the check valve
units, the air control units and the gate control valves, and
that the second phase which would commence in the spring of
1976 would consist of replacing various belts, control panels
and miscellaneous valves. He stated that the estimated total
cost of the repair project would be about $12,600,
Mayor Cohen returned at 7:55 pomp
Councilman Jensen stated that he was in favor of the repair
project, pointing out that through it better than half the
expected life was achieved at one =third of the cost.
Member Tony Kuefler introduced the following resolution and RESOLUTION
moved its adoption. NOd 75- -213
RESOLUTION AUTHORIZING MAJOR REPAIRS OF SANITARY
SEWER LIFT STATION NO, 3
d
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, Tony Kuefler, Bill Fignar, and Robert Jensen; and
the following voted against the same: none, whereupon
said resolution was declared duly passed and adopted.,
11 -3 -75 -2-
RESOLUTTONT Member Robert Jensen introduced the following resoluti(n
NO. 75-214 and moved its adoption.
RESOLUTION AUTHORIZING THE PURCHASE OF FOUR 6"
CHECK VALVES AND FOUR SPACERS
The motion for the adoption of the foregoing resolution wan,
duly seconded by member Tony Kuefler, and 'upon vote being
taken thereon, the following voted in favor thereof �
Cohen, Tony Ku.efler, Bill Fignar, and Robert Jenusen, andl
the following voted against the same,- none, wht,=reupor,
said resolution was declared duly passed and adopted.
Commission The Director of Planning and lnsp�'ction intTc)duced Plarlming
No. 75035 Commission Application No. 75035 submitted by Jack Weiss.'ri,
(jack WIN 6930 France Avenue North. He explalned that the applicanA
was seeking a 5 fcrot side yard setback fnnma
Section 35-400 or the City Ord inwace, to perrn-'t
of an attach-,-- garage to dwelling us, wA'h the of
the wall a itructure approximately 5 fi, frc m " iot
line. lie next rest - �ew,.= d the Plann!'-,q
of G)ctober 9, 1975 7y- eet,11-rig at which the appl.ication
was considler-,7f!, He re the, PJaz:F ing
action statirv; ilhial'�' ttieir recommp,- ftm indat tu deny the appli-
caticri wars r r 3 i t n the fact that the f)r i
variance were ,act clearly nnet, IVJI")h P a rot
to the indqueness, and that a Marian ro
an inappropilaW Yomedy in tlhisi situation, lie next reviewmi
at transuarercv -if the Site Wing the location of thn e253ting
attached single caf ganige and thie recentli constructed
double car gmaue to the rear of the lot.
Councilman Tonsen inquire-r, a�� to whethfrr the applizart
h-ad h�,� rrnidr, aware of the ordinancAe restriotion pricr to
the issuanr- of pernIt for the doubla car detached garaga
to the reir cf the irt. Thn Director (A Fla n! ing and Wnpacton
responded =,tahng that at the thne the applicant ti N cut the
building permit for the detached doublq garage the applicant,
was Wmmed e writlmg that conv of the ex-1-sting
car attached garage to liv,`,ng . could. be
pernAtted &Y-- to Zcn.img Ordinance s r
Mayor Cohen next rccog'n,'zed the applicant who proceeded
with the review W his application. a that in hdo
opinion a precadent had been af by approval of
a similar variance tc.) the of 6937 Ewing Avenj,ue
North in Planiro.ng Gommissic rk Appii, No. 71013 and
by the approval of Application No. 74017 for the iesident
at 2218 55th Avenue North. He stated that his request
(lid not comprehend addAio;n,31 con Litruction but 1-noredy
conversion of the existing accessury to dwell-lng
space.
The Direct•ar ;-- Planning and fir'"pecticn flhart' re-vdi7'wadi the
circurnstanc�-,s of lap , ti No. 74017, that, this
application r mpnoherid4ed the utilizati(,-m, rf a ;pace to the
rear of the gatage to be extended no closer to the side In
line than, tho garage and wa, 1 ,mplem , 7inted bry
Mayor Cohen, e"Jh,"n bdiefly neviewed 'the GJ' Council
Philosophy nn varianca requests and thte effect on the Zoning
Ordinance. He st-ated that oa�-'es7 wh variance requests
appear representativc:-) of a trend in the c mmunity it becoC rtes
appropriator to review the ordinance for pc. changen
rather than i a Ia.411 �!-ariances
-3-
arrived at 8025 p.rn.
A bi di[scla, on, oed relative to the application. Mr.
Wred, h pcimted out that there was apprcxin 35 feet
between the neighboring property own dw�- unit and
"J'ie exterior wall of hi,-, garage. lie cubmjitted that this wa,
mere than adequate; and would nct c(:)n8t1tnjte a violation of
t air, 'Light, or �nnll,se factor�!, of the side yp-d setback
Cxruncilfar) fenen inquired of the =applicant
If hE had cltlhE alterr tIves to (-.xpandirg 'h] living space.
The applicant respondkl by stating that at this, time there
were no other desirable awi "able.
I
Mayor Cohen then c1poned the me ting up to n(7A�`JJ[ed property
owners . fit r. a ttw variance
naqu 1b res, id ent "", (_ the Ile
brle rev `Lew ,, t1 „e , ipplication request and the list of
notified property C)wne.rs. It was noted that none of the
notified Pn:)pertu own.arE had anyth Ing to add,
-
Mot.ion. by ("Icuncilrnt-in Jar.,�,ien and seconded, b�y Cc)
Britt's c1cs p hearing. Voti) (j f,�Ivvclr were-
Maw
, or K,�,.-� Fi( , anu
m-e r
Vo)t,1ng r n(-_ d motion pas, �iid urian:l-
Llh,o D,1,e(,, of Wtu R),,polctlon bxi�� fly revi wed the
d I ! itba s
dr�,�U UEIE.� fd' ci f(, uniforn,
Fi A
n.
i e s
e ordinar tandards.
Mayor Cohle."'.'. i0hat he thc;,ght thjis applicatic,'r,
mi,,g]-ft warrant, of the ordinarce in light of rneeting the.
Pom c« rnrri `tvv c
in, thu, whol ,rat. x ir than pro,-
fur rel1r.li Lo hy varla ri— a, lxrrfa v alo
ci". Kuefl Dr inquired tc- the ack for attache d
The Dlrect( of Plzz n.nling a_rt jri p��!cllticm n that
at t: t, 1 . j `L - Wa”; a foct requIrernent.
Cit Manager r e th- a"A"on and
a ",-n cf -iw `ng - .p t(i
He
j .
J,a ill pl
ti)e_n A K `nput on tfi
Y
P , �
3 � 21"Ck`� 5P C.11`�v Attorne. t�tat the e. main,,
He po'nted cu� +hat
of c v �_l
a�s Bru;,r,)k3. is a general
a Z ni I U -
to a�tandard iiize and placement of
'3W-A-kna a "``i d as
He stated that
Y �i C W -t. r 4 ,�r wh-ich are
a !Or j
CSerit�_�r. jo t �n c ut' . ied
not ha so its con �,� 'd f, t'.cm of variances
7'L to d"ng Property owner's irLtent
1p,
K Af!h'r Jnquired to the pcssible use of an ease-
ur r, . property owner tc� another for the purposes
of the side , van 1 t ck . The City
d a
night be an alte-y'nat'.ve but that it
f_dt'her r- Courxfl.man Jensen then inquired
, tc t'hl- 1,971 cA a ,, ,similar instance at 6937 Ewing Avenue
North. Tl_h�, of Planning and Ins,'pection stated that the
ha"3 c(,,'Mmenced work without building permits, and that
an. Council apparently approved this variance,
rather than order demolition. The City Attorney stated that,
tit ,le that a qu.estion.able basis for a variance approval, in
the pract.1c',i]. oen e. It is often given, consideration.
11 1, - '1 - -7C
Councilman Br: tts recalled an example t, earl -r variance
action in h neigi where the sld yard, - , , etJback was
deficient.
The City Manager then reviewed befofe th-�
Council- they could either grant a varicincc- changl-,
ordinance side yard setback standard� , or deny the dppl-
cation. Mayor Cohen commented that there was a need fcr
additional revIew of ordinance provis�u.m , keepj,n�� - In
the number of jn�;tances of ,dm.Uar tkii-! Cit n
the comm need
Following further discu .i s ion there was a by
man Kuefl.er seconded by Fiejnar t(,
application November 17, Clt,
to Presient a review at provions applinathons JAw 5miAl
variances an'A that ma hsv4i
natives including ordinance 1,:
rankficati=; , th,e� I,)' v ",t, t" wer--
Mayor Gohon, Aninc! j man Britty, APO ba , C gndr and T m. mn
Voting agalmd: ncna. "fioo pais,
The Brocklyn Gever Go at 9,"0 P - T`,, o
re,su.- at -, ,O p--,
The City Manager requ"sted an ci
yy tu AppWaSoni Nlo� b; the fb, rneet-ng
Motior.. by C K Alei and -'ti u, by Cc,, cll�tran
Fignar to r;nnnTWdwr Flann`- Comindspien ApplicatIon c. 75035 nubnwci Welsh. , n Wzir
Mayor Ca no n BdAn, Kuofh,�,r Eqn and
Voting againnn: ronzi. The rnAi�,r',
Motien by K�,.efler ar-,d by
Fiqr,)7ii to trahn FlarAng Wrimlysion
tc� the fir`,;t rnintirg to Dec t, it rt w re-,
Mayor CcIev, Oourcilmsn BrAta, Heiler, jnd jence
ITAing agaim `,,. ncn- The mution paqnod
MtAjun by Wncilmar. RAW and seconded by Councilman
Hgnar 1. sot thEA m-i-itlnq for at Decer b.' �-- 8
and December 22. Voti'` g in favcr were, Ma_`,7or Cohen,
Wincilrnem BrAt" WeRer, Fiqn, a:nd Voting
againstg rrTie. The ni, pa,3f,
- f Plarning and Innpecton next reviewed
T'Y
38
o
730 Plann-I.ng Applicatitin No. 75G38 , -�,brnitted by
ja-Trees McCa He e that Mr. McCann who res!dw�,
�t 331.9 49th North had original 4 4 an
apph. for a, variance to p rinit of an
accezoory WiWing on in conjunictto,-, with the nperat-
of a Ardscape contracting to -,!ineso. lie explained that
subsequgntly it had been determined the applicatUn lwas
more appioprNtaQ a requeA to expand an, stract�,,,re
related under special Owne occupation provisions. He then
proceedEA wiih a review of Planning Cori" niscAon, minutes of
October 9, 1975 at which time the applAcation was first
considered and Octc-ber 23, 1.975 at which time the appli-
cation was recornmended for approval. by the Planning'
Commission- He th,,en a tran., depicting
the IOCdtion and size of the lot and the
which are compatble to the special Tate curidill by
applicant. lie explained that the lot L-3 deep
abut t.Ing an 1-2 zong and the Sou Line Railroad at the real
line.
-5-- 11 - 3-f -`5
Mayor Wan left the table at 10:00 p,m,
Gcuncfl-rrrdn Tenser inquired as to whether the application
represented an expansion Gf a nonconfonming u The
Djrz of Planning and Inspection respo;nded stating that
he ,,t an expan , n (7, an existing horau occupation
sPecial use, which woudd elixti!, certain nonconforming
acpects.
Mayu%r Cohen returrued at 1, 0 -10 p. rn.
Mayor Cohen recognized the applicant, Mr. fames
McCann who noted that he had nothing farther to add No the
appl1catJon. Thi Director of Planning and Inspection stated
there were n, monplaints from residents in the neighborhood
ai"'-� tO 1 ,L)"ht , landscape contrac hjsine—,�. Mayor
Gc.,h(,�n com that any application approval s51ouuldl reflect
the Pro"X"Er'l.ilty -(,, the industrial distri t, t'f lc7)t -depth and the
Wfoval Of at special home occupation.
' C-ity Mangy iger reviewed the req','�Aramitents o.f a special
i ccupaticn, whach this, applJ'cat. n ra�et. The
anlicart stated that he confornned wit� tlr-t��
A brief Waranninn then ensugd nelati e tr- 4 the application
anvi the appikabisty Of sPanidl nocupation require-
menty.
Mawr Cohen opened the meetang up t(- r lei
k e,-,t�,j property
rct�"d that none wm Fullowing
,-at.her - Jisenankan there was a q by Brit
ec
b Fignar tc a prov P].an ..ng C(,
missicn ApplinaWan :�io,. 7, ��;Qect to the foUnwing
roun Vii' ions- I
I o There nhall ht�-, no vehi. c- t(, the
fronn 49th North.
2. ricss-easem9nts to th, u the parcal
whill be kept c file w, t' e
3. 1 rage fanAny be and license,-!
to the of 23.
-4. Adk eqvipT-,v;nt and vt-1hicles rolated to landscape
hisinams shall be stored in the garage or screen
-�w of neighboring plop (,
5. Apprcval .. for a spzvial hc-nrE occupation consisting
a 1.a contracting business subject to all
app Erable ordina nce requirsawnts .
6. Appr(-,'61 recc)gnizes the proxim - ,ty of the premises to
the T-2 industrial zone, and the extraordinary size of
1 wyth access to the rear where the use activity
in Waited.
Veting V favor were Mayor Cohen, Councilmen Britts, Kefler,
Fignar, and Jensen. VoUmg against: none. The mation passed
unanimously,
MeWer Ruhtwt Jensen introduced the following ordinance and ORDINANCE
moved its adopMon- NO. 75-14
AN ORDINANCE AMENDING (CHAPTER 34 OF THE CITY
ORDfNAN'CES REGARDING FLAGS
11-3-75
THE CITY COUNCIL OF 17FIE CITY OF BROOKUYN CENTER DOES
ORDAIN AS 1'C;1 LOWS-
1. Chapter 34 is hereby arnanded ao,
Section_14-140 (2)
h. Flags, badges, or insignia of any guvernrtiernt of
governmental agency, or rdf any civic�,
fraternal or [*similar) profeasion ' al organizaticn,
Commercial and it �trla I --
,�u. stablish1q;D12 Yu
r
di aplay
. c�o ' Lpgrate seal n s 1 rj,!4 n Ilya g ill
individual ent hallynt. _Advart�7
tj
s
- P in ' h.
_Prov e ' d --- _L w A
,�,
P�.'rnwt as MUM ed in, SEA' K,lril 35-80'61,.
Section L. This crdlnanc�--
adoption and upcnn thfrt (30) �j�i' foilowing
publf cation
Adopted ird My & November, 1975.
The nqutivvi No the Woption cf
by wember 1(;. and upon Mu Mina
therOof: jqQjQ1
Cahon, MviOn Nitta, BY Fignar,
Paw jn7
1yor Sj W onunnar e Wca
W V: �J6 r '�,��
Psyking 070 or rquestV by tile cit. ;
- 7iTy mruthp ParMe" He Oated that the Ftrd
lxa' 'rr Vlor'k _ a ?"�,'d' th'r?
and TrEpecticaq and that they -Amn3ndwj
V es1=0 that large 0070
than kanall Wfico "h 3.nq�. IF Zi C r i I
5)r Mlarting data, thd C,v n ls, of
the data had boon cullgoted by the cu dtfng engineering
( kinglown, and Inc. through cona-
by C Par. , Inc He
r thit tile City Ccurcil had many mcrithl s e.
arl�" r
approvod ci w btructinvo uf a h1gh•ris,0
"g in the,
1"dustial t(.-a
the Unce T).'.Ahh,4 parking nF' eds, , nu tr", e U h
a , cn s z
ccn.dit,.(-n oc)-risisted of an analytical review of related
ord-oar,c� requBernerts. The City Manciger r that
office parking tequirnmenP, wtore
in the zoning or-Unance, falHng MYtOdd into tlhq
"Wher corminnial usos" category of fl-.e o.r.%iinance. He
stated that in adjition to the report recawmnsendationn that
office parkinq needs decline so draw hat a ; bw
are also otber "safet wil wh h
are wc"rth (,f Cue such factcr consWed of
the fact that an increwing proportion of Eriwmuidias consist
of compact and si" which in inality requiro
considerably Ws parking i---,pac. than today"s standard, siwi
Which the cument parking
art'' based. T. :s, it can noascnalbly be a
c�f' Built to accaDmmadaty Btandalml siznl
automabileg s ,n be rcanv 'rt""d te" an 1: irg
parking stalls Mal for cornpacts and subcompacts, Anc&U-3-r
factor explained by the City of the
erg ation of orergy element throozgh which eznpl+ ,', are
being I'lancreasingly urged to use public transportation such as
ba,se-, an to use car pooling techniques to reduce the number
of passenger employee vehicle trips and resulting
parkinig needs at the office buildings, He suggested, as a
matter of fact, that the energy conservationist school of
thought might actually encourage a planned deficiency in
parking provisions as a means of forcibly encouraging energy
conserving transportation techniques. He emphasized,
however, that the study recommendations were not built upon
such factors, but rather that such factors could be considered.
in addition to the proposed parking formula which was aimed
at parking adequacy.
The Director of Public Works then reviewed the proposed
formula for calculation of required parking spaces. Mayor I
Cohen expressed a concern for meeting the necessary needs of
parking space under the new formula. A brief discussion then
ensued relative to peak parking needs. Councilman Kuefler
Inquired of the small car parking stall concept as proposed by
Brookdale Shopping Center officials. The City Manager
responded with a description of the concept. He further com-
mented that nothing more had been done on this proposal.
It was the consensus of the Council to defer action on the
subject of office building parking requirements until the next
meeting, allowing more time for review of the report.
The City Manager introduced the next item Of business on the
agenda, that of a request for annexation of Durnam Island in R H-
the Mi, River. He stated that the legal counsel for
the owners of the Island are petitioning the City Councils of
Brookly. Park and Brooklyn Center to respectively detach and
annex Durnam Island.
A brief discussion e relati�. ,re to the request. The City
Mar ager stated his understanding that B1 Park does not
Ic-ok fa upon. detaching the pare el and suggested that
C' ' - ntet really has no (- u s�
-)bvio red, cln for annexing the
property . Fie (, that the requte,,t was for a public
he;arl.ng or thl- annexation. After a brief aliscussion there, was
a of t Council to decl.inie t!' petition for a pulbliz-
P r e ,
ng that the annexation was not in the best
n t re s ts
:� the City (, Brof')klyn Center. Thz City Attorney
e
then Comrriented relati7�re to the petiticner', rights and the
of th - 7-. petitioner going directly to the Municipal
May(,')r Cohen suggested deferring the matter
pen'i. fuorthor review and consideration of the legal rainifi-
Motion by Covanciloran Fignar and seconded by Councilman Relltal
je ers ta approve "'he following rental dwelling license: Licfzms as
RENIAL DWELLING LICENSE
Rr)bE.Irt D. Urbach 4806 Twin Lake Ave.
`V in favor Mayor Cohen, Councilmen Britts, Kuefler,
Figriar, and jeri�3en, Voting against.- none. The motion passed
u. n ari 11'. ni f:� us 1 y .
Mc *irin by Councilman Britts and seconded by Councilman Licenses
Kuefler to approve the following licenses:
BINGO LICENSE
Willow Lane Family Assoc. 6919 Perry Avenue N.
11-3-75 -8-
MECHANICAL SYSTEMS LICENSE
Rich's Heating & Air
Conditioning Route 4
Ryan Air Conditioning, Inc. 9240 Grand Ave. S.
Voting in favor were: Mayor Cohen, Councilm n Britt�,
Kuefler, Fignar, and Jensen. Voting against: none. The,
motion passed unanimously.
Motion by Councilman Kuefler and secf7,nd d by
Fignar to adjourn the meeting. Voting in fa err were, Mayer
Cohen, Councilmen Britts, Kuefler, Fignar, and Je-frisen,
Voting against, none. The motion passed
The Brooklyn Center City Council adjo at 1 1 020 p. m.
"'Iork Mayer
a:;, r,,:r