HomeMy WebLinkAbout1973 04-23 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY
COUNCIL OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND THE STATE
OF MINNESOTA
REGULAR SESSION
APRIL 23, 1973
CITY HALL
Call to Order The City Council met in regular session and was called
to order at 7 :36 p.m. by Mayor Philip, Cohen.
Roll `C�1i Mayor Cohen, Councilmen Leary, Britts, Kuefler, and
Fignar. Also present were City Manager Donald Poss,
Director of Public Works James Meriia, Chief of Police
Thomas O'Hehir, Director of Finance Paul Holmiund,
Director of Parks and Recreation Gene Hagel, City
Attorney Richard Schieffer and Administrative Assistant
Daniel Hartman.
Invocation The invocation was offered by Reverend Thomas Kile
of the Brooklyn Center Evangelical Free Church.
Approval of Minutes: Motion by Councilman Kuefler and seconded by Council -
4 -9-73 man Leary to approve the minutes of the April 9, 1973,
meeting. Voting in favor were: Mayor Cohen, Council-
men Leary, Kuefler, Britts and Fignar. Voting against:
none. Motion passed unanimously.
Mayoral Appointments: Mayor Cohen presented for confirmation a list of
Housing Steering appointments to the Housing Steering Committee.
Committee Councilman Fignar, Chairman of the Steering Committee,
stated that the Committee would be able to make its
final recommendations to the Council ahead of the
established schedule.
Brooklyn Center Housing Councilman Britts asked as to the status of the Brooklyn
and Redevelopment «enter Housing and Redevelopmpnt Authority Bill before
Authority Bill the Minnesota Legislature. Mayor Cohen stated that
e bill was under consideration by committee in bo ;#
tOo House and the Senate. Mayor Cohen also com-
m ented on the Metropolitan Council's Housing and
Redevelopment Authority Bill. He stated that the biR
had just been introduced into the legislature and
assigned to committee.
Confirmation of Motion by Councilman Leary and seconded by Council -
Appointments to the man Britts to confirm the appointments of James Ordner,
Housing Steering 3000 - 63rd Avenue North; Ethel Ferguson,-6 Zenith 36/6
Committee Avenue North; Delores Hastings, 5813 Aldrich Avenue
North;; Lou Howard, 2218 - 55th Avenue North. Joe Hughes,
2?^' 1106 -fit Avenue North; and Shim Nelson, 6606
Ewing Avenue North; to the Housing Steering Committee.
Voting in favor were: Mayor Cohen, Councilmen Leary,
Kuefler, Britts and Fignar. Voting against: none.
Motion passed unanimously.
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Mayoral Appointments: Mayor Cohen then presented for confirmation the
Park and Recreation appointment of Mr. Robert Zerban, 3406 Woodbine Lane
Commission to the position of Chairman of the Park and Recreation
Commission as established under Council Resolution
No. 73 -25. The Mayor commented that Mr. Zerban has
been a resident of Brooklyn Center since 1959 and has
been very active in many recreational programs in
Brooklyn Center and throughout the metropolitan area.
Fe also stated that Mr. Zerban has served as a member
of the Brooklyn Center Human Rights Commission for
the past two years and is well acquainted with the role
of an advisory commission.
Motion by Councilman Kuefler and seconded by Council-
man Fignar to confirm the appointment of Robert Zerban
to the position of Chairman of the Brooklyn Center Park
and Recreation Commission. Voting in favor were:
Mayor Cohen, Councilmen Leary, Kuefler, Britts and
Fignar. Voting against: none. Motion passed unani-
mously.
Acknowledge Claim The next item on the agenda was the acknowledgement
of a claim.
Motion by Councilman Fignar and seconded by Council-
man Kuefler to formally acknowledge the filing of a
notice of claim on behalf of Todd Sullivan for alleged
injuries incurred on the John Martin bridge at trunk
highway 100, and to forward the claim to the City's
insurance carrier. Voting in favor were: Mayor Cohen,.
Councilmen Leary, Kuefler, Britts and Fignar. Voting
against: none. Motion passed unanimously.
1973 Brooklyn Center - Mayor Cohen then recognized Mrs. Ann Mencel to
Crystal Environmental present the 1973 _Brooklyn Center - Crystal Environ-
Preserve Report mental Preserve Improvement Program report. Mrs.
Mencel stated that there were five projects recommended
in the 1973 report: (1) The printing and distribution of an
informational brochure; (2) The planting of caragana on
the southern and western sides of the Kylawn parking
lot adjoining the environmental preserve; (3) The
continuation of willow planting along the southern
border; (4) Trail maintenance; and (5) General cleanup
of the preserve.
The Council thanked Mrs. Mencel for the report and
offered their appreciation to the task group for their
work with the Preserve.
Motion by Councilman Britts and seconded by Council-
man Fignar to approve the 1973 Brooklyn Center-
Crystal Environmental Preserve Improvement Program
report. Voting in favor were: Mayor Cohen, Council-
men Leary, Kuefler, Britts and Fignar. Voting against:
none. Motion passed unanimously.
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Planning Commission The next item of business was consideration of
Application No. 73005 Planning Commission Application No. 73005 submitted
by Mr. Marvin Nelson. The City Manager explained
that the applicant was seeking site and building plan
approval for a proposed 51, 400 square foot recreational
facility comprised of 48 bowling lanes, a 102 seat main
dining room, 52 seat bowling bar, a 28 seat smaller
bar, and a 40 seat snack facility.
The Manager stated that the proposed structure would
be located at the site of the present Lynbrook Bowl at
the northwest quadrant of the intersection of PI -94
and trunk highway 169.
The Manager then commented that the approval of the
application was contingent upon the adoption of an
ordinance amending Section 35 -704 2 (e) of the City
ordinances reducing the parking requirement for bowling
alleys from 7 spaces per alley to 5 spaces per alley.
He also commented that the applicant was seeking pre -
liminary review of a proposed liquor license for the
location and that all three items should be taken into
consideration at the same time.
Mayor Cohen then recognised Mr. Gingold, Mr. Pink,.
and Mr. Kantz, architects for the applicant. A pre-
sentation of renderings of the proposed site and
building plans ensued.
The City Manager commented that the staff had reviewed
the plans and found concern only in the lighting for the
proposed facility. He stated that all outside lighting
should be directed away from the two major highways.
The architects assured the City Council that the
lighting considered for the facility would not affect
FI -94 or Trunk Highway 169 in any way.
Preliminary Review of The Mayor then asked the City Manager to review the
the Prospective Liquor prospective liquor license.
License
The City Manager stated that a preliminary review was
a procedure whereby an applicant could hopefully get
some type of City Council expression regarding the
prospects of a liquor license. He stated that a pre -
liminary City Council review did not and should not
constitute committment to approval or disapproval of a
formal liquor license application. He then reviewed
the current status of available licenses and pending
legislation for four additional licenses.
Mayor Cohen asked Mr. Marvin Nelson if he had any
comments that he would like to make at this time. Mr.
Nelson stated that it was important to have the City
Council's expression before he went to the actual
expense of submitting a liquor license application.
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City Council Expression Councilman Kuefler stated that he was impressed by
As To The Preliminary the overall plans for the recreational facility and that
Review of The Prospective he would be inclined to look favorably upon a liquor
Liquor License license issuance.
Councilman Leary then stated that he was in favor of
such a facility in Brooklyn Center.
Councilman Britts commented that he had no objection
to the plans and that the facility would be an asset
to Brooklyn Center.
Councilman Fignar then expressed his feelings on the
matter by stating that he would be inclined at this time
to favor the granting of a liquor license to suc h a
development.
Mayor Cohen concluded the expressions by stating that
he too was impressed by the overall development and
found that it was an asset to Brooklyn Center to see
one of its first businessmen expanding his operation.
Ordinance Amending The City Manager then reviewed the proposed ordinance
Section 35 -704 (e) amending Section 35 -704 (e) of the City ordinances
reducing the parking requirement for bowling alleys
m 7 to spaces er alle
from spaces per alley 5 . p y
The Mayor recognized Mr. Robert Jensen, Chairman
of the Brooklyn Center Planning Commission, who
explained the Commission's action on the matter of the
ordinance amendment. Mr. Jensen stated that new
technology in bowling lane design such as the fast -
ball return and computerized scoring would allow for
a shorter changeover time during league bowling. He
also commented to the fact that the new ordinance
provisions produced a number of parking stalls equal
to or greater than the application of other parking
provisions of the ordinance.
Ordinance First Motion by Councilman Fignar, seconded by Councilman
Reading Leary to offer for first reading the following ordinance.
AN ORDINANCE AMENDING CHAPTER 35 RELATING TO
PARKING REQUIREMENTS FOR BOWLING ALLEYS
Voting in favor were: Mayor Cohen, Councilmen Leary,
Kuefler, Britts and Fignar. Voting against: none.
Motion passed unanimously,
Plannfig Commission A discussion then ensued relative to the Planning
Application No. 73005 Commission Application for site and building plan
approval. The City Manager noted that it would be
appropriate to have the site incorporated into a
registered land survey.
Motion by ,Councilman Britts and seconded by Council-
man Kuefler to approve Planning Commission
Application No. 73005 submitted by Mr. Marvin Nelson
subject to the fallowing conditions:
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1. Building plans are subject to the approval
of the building official with respect to
applicable building codes prior to the
Issuance of building permits;
2. Drainage, grading, and utility plans are
subject to approval by the City Engineer
prior to the issuance of building permits;
3. A performance agreement and financial
guarantee (in an amount to be determined
by the City Manager) shall be submitted
to the City to guarantee the installation
of site improvements as shown on all plans
approved by the City;
4. Approval is completely contingent upon
the adoption of an ordinance amending
Section 35 -704, reducing the required
minimum parking spaces for bowling alleys
from 7 spaces per alley to 5 spaces per
alley.
Ill
5. Details as to the size and type of the
proposed landscaping, including proposed
berms on the perimeter of parking area
will be resolved with the Planning and
Engineering Departments;
6. A registered land survey or plat of the
site be required.
Recess The City Council recessed at 9:00 p.m. and resumed
at 9:24 p.m.
Ad Hoc Freeway Mayor Cohen then recognized Mr. Robert Jensen, 6330
Committee Report Humboldt Avenue North, Chairman of the Ad Hoc Free-
way Citizens Advisory Committee. Mr. Jensen stated
that the Committee was prepared to present its final
report relative to the preliminary plan for the upgrading
of FI -94 in Brooklyn Center.
Mr. Jensen introduced two members of the Ad Hoc
Committee, Mr. Robert Johnson, 5801 Lyndale Avenue
North and Mr. Gordon Smith, 6325 Fremont Avenue
North, who were in the audience. He continued with
his presentation by stating that the committee's con-
cerns have been discussed with the Highway Depart-
ment at length and that many of the Committee's
Proposals are shown on the revised plan.
Director of Public Works James Merila then presented
the original highway improvement plan and the revised
highway improvement plan.
Mayor Cohen left the table and Councilman Leary
assumed the Chair at 9:35 p.m.
The Director of Public Works continued his presentation.
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Mayor Cohen returned to the table at 9:37 p.m.
Mr. Jensen stated that the Committee had recommended
a 100 ft. setback on each side of the freeway. He
stated that the Highway Department at present could
not take land other than actual construction right -of-
way.
Mr. Jensen continued by stating that sound abatement
was a major concern of the Committee and that the
Highway Department has agreed to the construction of
a massive earth berm on the north side of FI -94. He
also stated that the Highway Department has agreed
with the Committee's recommendation to delete the
frontage roads on the north side of the freeway and
provide cul-de-sacs.
Mr. Jensen continued his report by stating that a
majority of the residents were opposed to the con-
struction of an elevated ramp adjacent to their
residential properties. He stated that it was a
consensus of the Committee that such a ramp would be
detrimental to property values and to'the quality of
residential life in Brooklyn Center.
Mayor Cohen left the table and Councilman Leary
assumed the Chair at 10:04 p.m.
Mr. Jensen then commented that the committee was
also concerned with the placement of the freeway fence
in relationship to the berm on the north side of the
freeway. He stated that it was the Committee's
recommendation to place the fence on the freeway side
of the berm allowing the residents the use of the north
side for open space to replace some of the natural
amenities lost due to the freeway system.
A lengthy discussion ensued relative to the proposed
changes and the effects of the freeway improvement
program on Brooklyn Center.
The City Manager stated that the revisions in the plan
would involve the taking of eight additional homes.
Mr. Duane Brown representing the State Highway
Department was then recognized by Mayor pro tem
Leary. He stated that the Highway Department was
concerned in developing the best plan for the residents
of Brooklyn Center.
Mayor pro tem Leary thanked Mr. Jensen and the Ad
Hoc Freeway Citizens Advisory Committee for their
work on the improvement plan for FI -94.
Mayor Cohen returned to the table at 10 :37 p.m.
Mayor Cohen then referred the report of the Ad Hoc
Freeway Citizens Advisory Committee to the staff for
review and recommendations.
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Authorize Maintenance The next item on the agenda was the authorization of
Agreements certain maintenance agreements.
Motion by Councilman Leary and seconded by Council-
man Britts to authorize the Mayor and City Manager to
execute utility maintenance agreements relative to
Swanson's West River Villa Addition and Dietrich's.
Creek Villa Addition. Voting in favor were: Mayor
Cohen, Councilmen Leary, Kuefler, Britts and Fignar.
Voting against: none. Motion passed unanimously.
Resolution Amending The City Manager next introduced a resolution award -
Bids for Contract ing bids for contract 1973 -A. He stated that it was
1973 -A the staff's recommendation to defer action on the
resolution at this time in lieu of negotiatibns with the
Highway Department.
The City Manager stated that the Highway Department
was attempting to prohibit the phased construction of
state aid streets. He stated that the Highway Depart -
ment had no legal right in holding the state funds on
such an interpretation.
The City Council concurred with the City Manager's
recommendation to defer action on the resolution
awarding bids for contract 1973-A.
RESOLUTION Member Tony Kuefler introduced the following resolu-
NO. 73 -63 tion and moved its adoption:
RESOLUTION IMPLEMENTING LABOR AGREEMENT
BETWEEN INTERNATIONAL UNION OF OPERATING
ENGINEERS LOCAL #49, AFL -CIO AND CITY OF
BROOKLYN CENTER
The motion for the adoption of the foregoing resolution
was duly seconded by member John Leary, and upon
vote being taken thereon, the following voted in favor
thereof: Philip Cohen, John Leary, Maurice Britts,
Tony Kuefler, and Bill Fignar; and the following voted
against the same: none, whereupon said resolution
was declared duly passed and adopted.
RESOLUTION Member John Leary introduced the following resolution
NO. 73 -64 and moved its adoption:
RESOLUTION AMENDING RESOLUTION NO. 73 -10
RELATING TO 1973 PARK DEPARTMENT AND STREET AND
PUBLIC UTILITIES DIVISION WAGES
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, John Leary, Maurice Britts,
Tony Kuefler, and Bill Fignar; and the following voted
against the same: none, whereupon said resolution
was declared duly passed and adopted.
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RESOLUTION Member Maurice Britts introduced the following
NO. 73 -65 resolution and moved its adoption:
RESOLUTION AUTHORIZING PAYMENT OF CERTAIN
HOSPITAL- MEDICAL INSURANCE COSTS
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, john Leary, Maurice Britts,
Tony Kuefler, and Bill Fignar; and the following voted
against the same: none, whereupon said resolution
was declared duly passed and adopted.
Proposed Uniform A discussion ensued relative to the proposed estab-
Electric Utility lishment of a uniform electric utility franchise and
Franchise accompanying rate regulation. Councllmen
individually expressed support of the proposal for an
area -wide franchising and rate regulation. Council-
to
man Kuefler stated that since he was a n employee of
Northern States Power Company he would not engage
in the determination.
Discussion Relative To Mayor Cohen then brought to the attention of the City
House File No. 515 Council a bill before the Minnesota Legislature
changing the makeup of the Metropolitan Council. He
stated that House File No. 515 amended would give
the Metropolitan Council expanded control over
governmental services offered in the Twin City
metropolitan area.
A lengthy discussion ensued relative to the bill and
its effects on Brooklyn Center. Mayor Cohen stated
his opinion that the bill should be referred to an interim
study committee of the Legislature where it would be
appropriately evaluated and researched for its effects
on the metropolitan area.
Motion by Councilman Leary and seconded by Council -
man Kuefler to recommend that House File No. 515
amended be referred to an interim study committee of
the Legislature for further investigation and that the
City staff also review the bill for its effects on
Brooklyn Center. Voting in favor were: Mayor Cohen,
Councilmen Leary, Kuefler, Britts and Fignar. Voting
against: none. Motion passed unanimously.
Licenses Motion by Councilman Britts and seconded by Council-
man Kuefler to approve the licenses submitted.
CIGARETTE LICENSE
Brookdale Mobil Service 5710 Xerxes Ave.
Roy's A & W 6837 Brooklyn Blvd.
GASOLINE SERVICE STATION LICENSE
Brookdale Mobil Service 5710 Xerxes Ave.
MECHANICAL SYSTEMS LICENSE
Advanced Heating and Air
Conditioning 7805 Beech St. N. E.
Air Comfort Go., Inc. 3300 Gorham Ave.
Allan Heating and Air
Conditioning 5200 Eden Circle
Berghorst Plumbing and
Heating 10732 Hanson Blvd.
Blue Flame Contractors, Inc. 5309 Edina Ind. Blvd.
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Commercial Air Conditioning 2200 Niagara Lane
Conditioning Air Equipment 3010 Clinton Ave.
Cromstrom's Heating 4410 Excelsior Blvd.
Egan & Sons Air Conditioning 7100 Medicine Lake
Rd.
Fleming Sheet Metal Co. 775 Colorado Ave.
Frank's Heating and Sheet
Metal Co. 2531 Marshall St. NE
Harris Bros. Plumbing Co. 217 W. Lake St.
Hoglund Mechanical Cont. 7420 W. Lake St.
Home Air Trane 610 - 13th Ave.
Horwitz Mechanical, Inc. 1411 - 11th Ave.
Ideal Sheet Metal 544 N. E. Summit
J. McClure Kelly Co. 2601 Stevens Ave.
Minnesota Sheet Metal Co. 6021 Lyndaie Ave.
Royalton Heating 4120 - 85th Ave.
Geo. Sedgwick Heating 1001 Xenia Ave.
Standard Heating and Air
Conditioning 410 W. Lake St.
Suburban Air Conditioning 8419 Center Dr.
Thompson Air Conditioning 5115 Hanson Court
Fred Vogt and Co. 3260 Gorham Ave.
Ray Welter Heating 4637 Chicago Ave.
MOTOR VEHICLE DEALER'S LICENSE - GLASS "A-
Brookdale Motors, Inc. 2500 Cty. Road 10
MOTOR VEHICLE DEALER'S LICENSE - CLASS "B�'
J. C. Penney. Co. 1265 kdale Ctr.
Sears and Roebuck and Co. 1297 Brookdale Ctr.
SIGN HANGER'S LICENSE
Lawrence Sign Co. 945 Pierce Butler Rte.
Nordquist Sign Co. 312 W. Lake St.
SPECIAL FOOD HANDLERIS LICENSE
Brookdale Mobil Service 5710 Xerxes Ave.
SWIMMING POOL LICENSE
Brookdale Gardens 53rd � Hwy. 100
Brooklyn Center Park and
Rec. Dept. 6301 Shingle Cr. Fkw;
Chippewa Park Apts. 6507 Camden Ave.
Earle Brown Apts. 6100 Summit Dr.
Four Courts Apts. 2936 Northway Dr.
HiCrest Square Apts. 1301 - 1307 - 1300 -1306
67th Ave.
Northbrook Apts. 1302 -1308 69th Ave.
North Lyn Apts. 6511 Humboldt Ave.
Voting in favor were: Mayor Cohen, Councilmen
Leary, Britts , Fignar and Kuefler. Voting against.
none. Motion passed unanimously.
Announcement: The City Manoger informed the City Council that he
Appointment of a had appointed Deputy Chief Tames Lindsay to the
Civil Defense position of Civil Defense Coordinator for Brooklyn
Coordinator Center.
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I
Increase in Deputy The City Manager then recommended an increase in
Chief's Salary and the Deputy Chief of Police salary of $175 per month
Transfer of Civil effective May 1, 1973, to cover his additional
Defense Funds responsibilities as Civil Defense Coordinat6r, He
also requested that the City Council authori the
transfer of funds from the Civil Defense Dep r tment
to the Police Department to provide for the Ii d' lease.
Motion by Councilman Leary and b4conded by Council-
man Fignar to increas - e Deput'i + hief of Police
salary by $175 per m6 effective May 1, 1973, said
monies to be paid frawlfib Civil" Defense account in
the 1973 budget. voting in favor were: Mayor Cohen,
Councilmen Leary, Kuefler, Britts and Fignar. Voting
against: none. Motion passed unanimously.
Adjournment Motion by Councilman Kuefler, seconded by Council
man Leary to adjourn the meeting. Voting in favor
were: Mayor Cohen, . Councilmen Leary, Kuefler,
Fignar and Britts . Voting against: none. Motion
passed unanimously. The City Council meeting
adjourned at 11:47 p.m.
Clerk Mayor
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