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HomeMy WebLinkAbout1975 12-08 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 DECEMBER 8, 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 Jensen, Britts, Fignar, and Kuefler. Also present were City Manager Donald Poss, Director of Public Works Jim Merila, Director of Finance Paul Holmlund, Director of Planning and Inspection Blair Tremere, City Attorney Richard Schieffer, and Administrative Assistants Ron Warren and James Lacina. Approval of Minutes Motion by Councilman Fignar and seconded by Councilman 11 -17 -75 Kuefler to approve the minutes tes of the November 17, 1975 meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Human Rights The City Manager introduced the first item of business on Commission the agenda, that of a presentation by the Chairman of the Presentation Human Rights Commission. of a handicapped accessibility handbook developed by that Commission. Mayor Cohen then recognized Mr. Don Davis, Chairman of the Human Rights Commission. Mr. Davis proceeded with a brief review and background leading up to the publication and eventual distribution of the handicapped accessibility booklet. He pointed out that it was the Commission's intention that this booklet be distributed on a community -wide basis to aid the handicapped and senior citizens in locating facilities that were easily accessible for their use. Mayor Cohen commended the Commission on its fine effort in compiling the accessibility booklet. Following further discussion there was a motion by Councilman Jensen and seconded by Councilman Britts to acknowledge receipt of the booklet and directing the City Manager to prepare a resolution of commendation to the Human Rights Commission. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler Fignar, and Jensen. Voting against: none. The motion passed unanimously. Human Rights Mayor Cohen then referred to a letter of resignation submitted Commission by Chairman Don Davis of the Human Rights Commission Resignation effective December 31, 1975. He commended Chairman Davis on his excellent leadership as Chairman of the Human Rights Commission. Motion by Councilman Fignar and seconded by Councilman Kuefler accepting the resignation of Don Davis as Chairman of the Human Rights Commission effective December 31, 1975, and directing the City Manager to prepare a resolution of commendation. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Motion by Councilman Jensen and seconded by Councilman Approval of Fire Britts to approve a Fire Relief Association investment of Relief Association the purchase of $46,590 of Boston VLCC Tankers, Inc. Investment bonds at an interest rate of 9.2% with a maturity date of April 1 , 2003. Voting in favor were. Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against. none. The motion passed unanimously. The City Manager introduced the neat item of business on Approval of the agenda, that of approval of bus route changes to Bus Routes accommodate the nearly finished MTC bus service garage on Shingle Creek Parkway. He stated that the change con- sisted of designating 65th Avenue from Humboldt to Shingle Creek Parkway and Shingle Creek Parkway from 65th Avenue to the service garage as a bus route. The Director of Public Works briefly reviewed a transparency showing the designated bus routes in the City with the inclusion of the newly recommended 65th Avenue and Shingle Creek Parkway route. He then briefed the Council on the progress of the MTC building and the amount of bus traffic that will be generated. Motion by Councilman Kuefler and seconded by Councilman Britts to approve the Metropolitan Transit Commission's request to operate on 65th Avenue and on Shingle Creek Parkway for the purposes of providing access to the MTC service garage. Voting in favor were. Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against. none. The motion passed unanimously. The Director of Public Works next proceeded with a review Final Plat of the Willow Bluff Addition final plat, stating that this Approval plat involved the realignment of school district boundaries which had previously bisected the parcel. He pointed out that the preliminary plat approval was contingent upon the applicant petitioning for this change in the school district boundaries and that Hennepin County Board of Commissioners, Anoka School District, and Brooklyn Center School District acquiesced to the realignment of the boundaries Motion by Councilman Britts and seconded by Councilman Fignar to approve the final plat of the Willow Bluff Addition. Voting in favor were. Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against. none. The motion passed unanimously. Member Maurice Britts introduced the following resolution RESOLUTION and moved its adoption. NO. 75 -225 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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. Member Robert Jensen introduced the following resolution RESOLUTION and moved its adoption. NO. 75 -226 RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 75-227 and moved its adoption: RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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. RESOLUTION Member Maurice Britts introduced the following resolution NO. 75-228 and moved its adoption: RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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. RESOLUTION Member Maurice Britts introduced the following resolution NO. 75-229 and moved its adoption: RESOLUTION ACCEPTING WORK (CONTRACTED BY CITY) 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. Planning Commission The City Manager introduced the next item of business on Application No. 75035 the agenda, that of reconsideration of Planning Commission (Jack Welsh) Application No. 75035 submitted by Mr. Jack Welsh. He briefly reviewed the Council discussion of November 3, 1975 at which time the application was considered before the City Council with the subsequent Council action to table the application after considering the Planning Commission's recommendation for denial. He again explained that the applicant was seeking a 5 foot side yard setback variance from Section 35-400 of the City Ordinances to permit conversion of an attached garage to dwelling use with the exterior of the wall structure approximiately 5 feet from the side yard lot line. He next reviewed the purposes for which the application was tabled, stating that upon Council's direction the City Manager was to review and research previous side yard setback variance activity and requests, and to explore alternatives for ordinance revisions and related legal ramifications. -3- 12-8-75 Mayor Cohen then inquired of the City Attorney regarding his research on an easement conveyance alternative. The City Attorney stated that if the easement alternative were desirable, it would be more appropriate for the property owner to give the City the easement. He pointed out some of the pitfalls of the easement procedure, stating that an easement would be a document indicating joint conveyance which would require concurrence from mortgage holders who might balk at such a proposal. He pointed out that the alternative could be the source of a lot of dissension and might be construed to be discriminatory. Councilman Jensen inquired if an easement could be rescinded. The City Attorney stated that the City could give up the easement if the public interests were best served. Councilman Kuefler inquired if any other communities were using an easement procedure. The City Attorney responded that to his knowledge there were none. He further stated that the easement proceeding would not mean an end to the variance requests since variances could still be sought from the easement procedure. He also cautioned the Council on the possibility that the courts might rule this action was discriminatory. A lengthy discussion then ensued relative to the application. The City Manager discussed some of the past variances requested by the City Council. Mayor Cohen suggested that the Planning Commission research and possibly hold a public hearing regarding the matter of side yard setbacks. Councilman Jensen supported Mayor Cohen's comments relative to asking the Planning Commission to solicit citizen input in the form of a public hearing. Councilman Fignar stated that he was in favor of leaving the ordinance as is since there have not been many variance requests. He pointed out that he didn't see anything wrong with the ordinance and would rather handle such situations as this on a variance basis. The City Manager responded that at some point in time through variance action the ordinance would in effect be changed. He cautioned that this procedure might be dangerous in destroying the effect of the Zoning Ordinance. Councilman Kuefler stated that he did not like variances in general. He commented that he would support seeking community input on the side yard setback standards. The City Manager stated that he felt it was in order for the Planning Commission to consider the matter. He recom- mended that the Planning Commission study the alternatives and review techniques available and possibly be prepared to report to the City Council sometime in late spring. Councilman Jensen stated that he would support denial of the application and the direction that the Planning Com- mission proceed at once to look into the ordinance and solicit community input for response to the Council by June 1, 1976. Councilman Britts stated that he would support the variance request but would also be in favor of additional community input on the issue 12 -8 -75 -4- Councilman Fignar stated his support for denial of the request and also urged immediate commencement of seeking the community's input to the solution. Councilman Kuefler stated that the application does not meet the standards for variance and, consequently, would support denial. Mayor Cohen then suggested that the Planning Commission report back to the City Council in 30 days a method for securing community input and a timetable for securing same,. Mayor Cohen next inquired as to Mr. Welsh's plans for construction. Mr. Welsh responded by stating that he started his application in July and intended to commence construction in early fall, but due to the delays intended to start construction in the spring. Action Tabling Motion by Councilman Britts and seconded by Councilman Planning Commi Fignar to table Planning Commission Application No. 75035 Application No. 75035 indefinitely. Voting in favor were: Mayor Cohen, (Jack Welsh) Councilmen Britts, Kuefler, Fignar and Jensen. Voting against. none. The motion passed unanimously. Motion by Councilman Britts and seconded by Councilman Jensen to request the Planning Commission to explore side yard setback alternatives and to determine a method and timetable for citizen input by the first meeting in February. Voting in favor were, Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Recess The City Council recessed at 9-15 and resumed at 9:45 p.m. Planning Commission The City Manager next introduced Planning Commission Application No. 75043 Application No. 75043 submitted by Northwestern Bell (N.W. Bell Telephone) Telephone for consideration. The Director of Planning and Inspection stated that the application was first considered at the November 13, 1975 Planning Commission meeting and he reviewed the minutes of that action. He stated that the Planning Commission tabled the application at that time to explore the possibilities of a joint parking agreement with the school district and to consider the neighbors' con- cerns regarding proper screening, He stated that the initial request had been to expand the parking and related site amendments to the special use switching facility located at 1101 65th Avenue North so to accommodate intended remodeling for temporary offices. He pointed out that through cooperation with the Brooklyn Center School District a joint parking agreement has been executed between Northwestern Bell and Brooklyn Center School District. He next reviewed the Planning Commission minutes of December 4, 1975 at which time the Planning Commission recommended approval of the joint parking agreement. He stated that recommended site improvements would be volun- tarily installed by Northwestern Bell after a meeting to which the neighboring property owners would be invited. Action Approving Following further discussion there was a motion by Planning Commission Councilman Britts and seconded by Councilman Fignar to Application No. 75043 approve Planning Commission Application No. 75043 con- sisting of a joint parking agreement between Northwestern Bell Telephone Company and the Brooklyn Center School District for the purposes of providing necessary temporary parking for the special use facility at 1101 65th Avenue -5- 12-8-75 North, and because of the temporary nature of the arrange - ment to waive the ordinance requirement as to filling the agreement as an easement encumbrance, all subject to the following conditions: 1 . Prior to the issuance of any permits or certificates of occupancy, the agreement shall be approved by the Brooklyn Center School District Board. 2. A copy of the finalized agreement shall be placed on file with the City. 3. The duration of the proposed temporary use of the office facility shall coincide with the term of the agreement, 4. The agreement as a component of the special use permit shall be subject to review by the City. 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, that of a recom- Authorization for mended resolution for the purpose of authorizing the Mayor Execution of Joint and City Manager to execute a Joint Powers Agreement to Powers Agreement create and participate in a Northwest Hennepin Human Services Council. He briefly reviewed the philosophy of the Joint Powers Agreement, stating that it provided for municipalities to do jointly What any one municipality could do alone. He then commented as to the Northwest Human Services Council's involvement, stating that they served a coordinating function and not a service delivery function. He reviewed the background of the organization, pointing out that their initial organization was based on independent action separate from local government. He then reviewed the Joint Powers Agreement, stating that this was a new venture for local government involvement, and that the agreement called for the creation of a Human Services Council Advisory Commission for citizen input. A brief discussion ensued relative to the Northwest Hennepin Human Services Council. The City Manager recommended that he be designated as a Director and that Administrative Assistant Ron Warren be designated as the alternate Director to the Council. Member Maurice Britts introduced the following resolution RESOLUTION and moved its adoption, NO. 75 -230 RESOLUTION CREATING THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL THROUGH A JOINT AND COOPERATIVE AGREEMENT 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. Councilman Fignar left the table at 10020 p.m. 12 -8 -75 -6- ORDINANCE Motion by Councilman Jensen and seconded by Councilman First Reading Kuefler to offer for first reading an ordinance vacating utility easements in Creek Villa. Voting in favor were- Mayor Cohen, Councilmen Britts, Kuefler, and Jensen. Voting against: none. The motion passed unanimously. Councilman Fignar returned to the table at 10,25 p.m. Hennepin County The City Manager next reviewed a proposed Hennepin Resource Recovery County Resource Recovery Project that had earlier been Project introduced before the Council. Councilman Kuefler commented that he was in favor of the concept but that it might be better coordinated if it were achieved on a metro-wide basis rather than on a Hennepin County-wide basis. The Director of Public Works briefly reviewed the discussion with Metropolitan Council staffers on this matter pointing out that the Metropolitan Council shared some of these same concerns. Councilman Britts left the table at 10:30 p.m. Following further discussion there was a motion by Councilman Kuefler, seconded by Councilman Jensen directing the City Manager to prepare a resolution out- lining the qualified endorsement of the resource recovery concept. Voting in favor were- Mayor Cohen, Councilmen Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unanimously. Councilman Britts returned to the table at 10:35 p.m. Hennepin County The City Manager next reviewed a proposal from Hennepin Services Decentrali- County regarding a decentralization of services program. zation Program He stated that this program provided for Hennepin County to work in coordination with local government for the purpose of providing decentralized services in the sub- urban areas. He commented that the new Regional Library to be located near Brookdale has long been intended as the site for the location of these services. He stated that the criteria for locating a decentralized services center consisted of concerns for geographical identity and the availability of public 'transportation, and with these con- siderations in mind the best locations would be near the major shopping centers. He commented, however, that other local government officials reacting out of parochialism differ as to where the best location for such a service would be Councilman Britts stated that he endorsed the concept and indicated he would like to see three additional services included. those being Unemployment Services, Youth Services, and Family Counseling. Mayor Cohen also noted that he would endorse a concept involving decen- tralization of services making them more available to the citizens of Hennepin County. Councilman Fignar inquired of the City Manager as to how the Council might promote Brooklyn Center and the new Regional Library as serving as one of these service centers. A brief discussion ensued relative to the proposal problem after which the City Manager was instructed to prepare for the Tc_­t Ccu inea_`_­'. a ;­S'Cluttion of of the, decentralization program. -7- 12-8-75 Motion by Councilman Jensen and seconded by Councilman Licenses Britts to approve the following licenses- FOOD ESTABLISHMENT LICENSE Cicero's Westbrook Mall Future Homemakers of America 6500 Humboldt Ave. N. Health Food Centers 2840 Fisher Rd. Sears Brookdale GARBAGE AND REFUSE COLLECTION VEHICLE LICENSE Peikert Sanitation Rt, 2, Box 195 ITINERANT FOOD ESTABLISHMENT LICENSE Kennedy & Cohen 2500 Freeway Blvd. MECHANICAL SYSTEMS LICENSE Metalers Corp. 976 W. Minnehaha Ave. RENTAL DWELLING LICENSE Earl James Backer 7018 Brooklyn Blvd. Voting in favor were- Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against- none® The motion passed unanimously. Member Robert Jensen introduced the following resolution RESOLUTION and moved its adoption- NO. 75 -231 A RESOLUTION DESIGNATING EMPL(YYER REPRESENTATIVE 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, The City Manager next read a letter from Mr. George Heenan, Discussion of Negotiating Committee, Brooklyn Center Fire Department, in Full -Time Fire which he charged the City Manager with an unwillingness to Chief accept and implement a Council policy and with attempting to make changes which are not consistent with the City ordinances and bylaws of the Fire Department regarding the testing and selecting of a Fire Chief. The City Manager commented that he has made the qualifying test available to Fire Department candidates who subsequently balked at the probationary component of the appointment and, thus, eliminated themselves from contention. Mayor Cohen expressed his disgust at the content and method of delivering the letter, stating that the matter was not on the agenda and otherwise not properly a Council matter, It was the consensus of the entire Council that the matter was not an agenda item and not properly before the Council. Council- man Jensen suggested that the Council consider the Fire Chief subject at a Council meeting prior to the end of the year. Councilman Fignar concurred and recommended resolving the issue prior to the first of next year, 12 -8 -75 -8- Adjournment Motion by Councilman Fignar and seconded by Councilman Kuefler to adjourn the meeting. Voting in favor were: Mayor Cohen, Councilmen Britts, Kuefler, Fignar, and Jensen. Voting against: none. The motion passed unani- mously. The Brooklyn Center City Council adjourned at 11 :10 P.M. lilerk Mayor -9- 12 -8 -75