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HomeMy WebLinkAbout1973 06-18 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE CCVNTY OF HENNEPIN AND THE STATE OF N- 1NN"ES0T.A REGULAR SESSION JUNE 18, 1973 CITY HALL Cali to Order The City Council met in regular session and was called to order by Mayor Philip Cohen at 7:36 p.m. Roll Call Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Also present were City Manager Donald Pof,, Director of Public Works James Merila, City Attcrney Richard Schieffer, Chief of Police Thomas O'Hehir, Building Inspector Will Dahn, Assistant City Engineer Gerald Butcher, and Administrative Assistant Daniel Hartman. Invocation The invocation was offered by Reverend Toy of the Harroz: Methodist Church. Approval of Minutes Motion by Councilman Fignar and seconded by Council - 6 -4 -73 man Kuefler to approve the minutes of the June 4, 1973 meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Leary, Zritts, Fignar, and Kuefler. Voting against: none. Motion passed unanimously. Liquor Store Lease The City Manager explained the features of'the proposed liquor store lease at the Humboldt Square Shopping Center being built at 69th and Humboldt Avenues north. He stated that the lease details had been thoroughly reviewed by the City Attorney and other appropriate staff members. The Mayor recognized Mr. Pat Hallisey, representing thF owner of the shopping center. Mr. Hallisey informed the Council of prospective tenants in the shopping center A short discussion ensued relative to the proposed lease with the City Manager stating that the new liquor store would be approximately the same size as the liquor store in the Northbrook Shopping Center. Motion by Councilman Kuefler and seconded by Council - man Leary to authorize the Mayor and the City Manager to execute the liquor store lease. Voting in favor were: Mayor Cohen, Councilmen Leary, Brtts, Fignar, and Kuefler. Voting against: none. Motion passed unani- mous iy . Architectural Services The City RVIanager stated that in conjunction with the liquor store lease, it was the staff's recommendation that the Council authorize the retention of architectural services for the interior liquor store design and fixtures. Motion by Councilman Fignar and seconded by ��u man Kuefler to authorize the retention of architectural services. Voting in favor were: Mayor Cohen, Couacil- men Leary, P.ritts, Fignar, and Kuefler. Voting against: none. Motion passed unanimously. -1- 6 -18 -73 Agreement with the State The City Manager then brought to the attention of the Department of Manpower Council a proposed agreemeri', with the State of° Minne- Services sota Department of 1V.anpower Services !or City involve-!,- ment in its summer Youth Employment Prcgram. He described the features of the program and stated that Brooklyn Center was entitled to $9,195 from the State to fund the program based on population. He also stated that the program has been funded for a two year period. Motion by Councilman Britts and seconded by Council - man Fignar to authorize the Mayor and City Iv. to execute the agreement with the State of Minnesota Department of Manpower Services. Voting in favor were: Mayor Cohen, Councilmen Leary, 'Eritts, Fignar, and Kuefler. Voting against: none. Motion passed unani- mously. Public Hearing The City Manager next explained that public hearings 1973 -11 for several improvement projects had been scheduled for 1973 -12 this meeting. The Director of Public Works reviewed Municipal State Aid Project Nos. 1973 -11 providing foA grading, base and surfacing of 65th Avenue North from Dupont to Humboldt Avenues North and 1973 -12 providing for curb, gutter and sidewalk on 65th Avenue North from Dupont to Humboldt Avenues North. Mayor Cohen questioned the Director of Public Works as to a solution of the dreh age problems at Brooklyn Center High School. The Director of Public Works replied that: catch basins are provided under Project No. 1973 -16. He also commented that the existing curb cut at the east end of the parking lot onto 65th Avenue North was in the process of being deleted and a new curb cut placed on Dupont Avenue for access to the south. The Mayor announced that the meeting was open for consideration of Project Nos. 1973 -11 and 1973 -12. The clerk produced an affidavit of publication for notice of hearing on the proposed improvements showing publication thereof in the official newspaper, the last publication being on June 14, 1973, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon property owners present to present arguments either for or against the proposed improvements. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 73 -91 and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF GRNDING, BASE & SURFACING IMPROVEMENT PROJECT NO. 1973 -11 The motion for the adoption of the foregoing was duly seconded by member John Leary and upo.*, vote being taken thereon, the following voted in favor there- of: Philip Cohen, John Leary, Murice Britts, Bill. Fignar, and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -2- 6 -18 -73 J RESOLUTION Member Maurice Britts introduced the following resoiu- NO. 73 -92 tion and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF CURB & GUTTER AND SIDEWALK IMPROVEMENT PROJECT NO. 1973 -12 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 there- of: Philip Cohen, John Leary, Maurice Britts, Bill Fignar, and Tony Kuefler; and the following voted against the same: none, whereupon said resolution wa$ declared duly passed and adopted. Public Hearing The Director of Public Works then reviewed Municipal 1973 -13 State Aid Project Nos. 1973 -13 providing for grading, 1973 -14 base and surfacing of Humboldt Avenue North from 65th to 69th Avenues North and 1973 -14 providing curb, gutter and sidewalk on Humboldt Avenue North from 65th to 69th Avenues North. The Mayor then announced that the meeting was open for consideration of Projects Nos. 1973 -13 and 1973 -14. The clerk produced an affidavit of publication for notice of hearing on the proposed improvements, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor then called upon property ovine. s present to present arguments either for or against the proposed improvements RESOLUTION Member John Leary introduced the following resolution NO. 73 -93 and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF GRADING, LASE 9, SURFACING IMPROVEMENT PROJECT NO. 1973 -13 The motion for the adoption of the foregoing resolution- was duly seconded by member Tony Kuefler and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Maurice Britts Bill Fignar, and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declaree duly passed and adopted. RESOLUTION Member Maurice Britts introduced the following resolu- NO. 73 -94 tion and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF CURB & GUTTER AND SIDEWALK IMPROVEMENT PROJECT NO. 1973 -14 The motion for the adoption of the foregoing reaolutlen 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, Bill Fignar, and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -3- 6 -18 -73 Public Hearing The Director of Public %Alorks explained improvement 1973 -16 Project No. 1973 -16 providing for sanitary sewer exten- sions and storm sewer extensions on Humboldt Avenue North from 65th to 69th Avenues North and 65th Avenue North from Humboldt to Dupont Avenues North. The lVayor announced teat the meeting was open for consideration of Project No. 1973 -16. The clerk produced an affidavit of publication for notice of hearing on the proposed improvement, which affidavit was examined and found satisfactory and ordered placed on file. The Mayor called upon property owner's present to Present arguments either for or against the proposed improvement. RESOLUTION Member Bill Fignar introduced the following resolution NO. 73 -95 and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF PUBLIC UTILITY SERVICE EXTENSIONS IMPROVEMENT PROJECT NO. 1973 -16 • The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler and upon vote being taken thcreon, the following voted in favor thereof: Philip Cohen., John Lpl!�ry, Maurice Lmritts, Bill Fignar, and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Planning Commission The next itern of 1:nsiness was consideration of Planning Application No. 73002 Commission rpplication No. 73002 submitted by Mr. (Marvin Gordon) Marvin in Gordon. The City 1kianager stated that the Application was tabled by the City Council on April 9, 1973 to allow D., r. Gordon the opportunity to meet with the property owners in the area. He stated that Mr. Gordon was applying for a special use permit to allow single family attached hones in a Ri district. The City Manager then stated that a letter had been received from a Mrs. Patricia Weitzel, 4118 - 66th Avenue North, stating that the neighboring property owners had met with Mr. Gordon. The Director of Public Works reviewed the Application with the City Council. He reported that he had investi- gated the circumstances of the Minnesota Highway Department condemnation of Gordon's property and found that Mr. Gordon had been paid for all but two lots on the Property when the right -of -way was taken for FI -94. The Mayor recognized N.4. Marvin Gordon who stated that he had met with the property owners in the area and that nothing was resolved by the meeting. A lengthy discussion ensued relative to the Application and its effects on the neighboring properties. 6 -18 -73 The City Manager introduced Planning Commission Resolution No. 73 -1, A RESOLUTION DENYING FLAN - NING COMMISSION APPLICATION NO. 73002 SUB - MITTED BY NR. MARVIN GORTON. Motion by Councilman Britts and seconded by Council- man Fignar to deny Planning Commission Application No. 73002 submitted by IVr. Marvin Gordon noting the Planning Commission deliberations and recommendations to deny the Application on April 5, 1978, further noting that public hearings held by the Planning Commission and the City Council reflected unanimous opposition by the neighboring property owners, further noting the undesirabie proximity of the freeway as a major noise generator. Voting in favor were: hT-ayor Cohen, Councilmen Leary, Britts, Fignar, and kuefler. Voting against: none. Motion passed unanimously. Recess The Council recessed at 9 :22 p.m. and resumed at 9:47 p.m. Planning Commission The next item of business was consideration of Planning Application No. 73012 Commission Application No. 73012 submitted by Mr. (David Brandvold) David Brandvold. The item was introduced by the City Manager who stated the applicant was seeking a vari- ance from Section 35 -400 :,,f the City ordinances to permit construction of a single family dwelling upon a substandard lot. The iv anager commented that the item has been pending the disposition of Application No. 73011. The City Manager stated that the parcel was 71 feet wide and there was substantial precedence established in the southeast area of the City for the requested variance. Motion by Councilman Kuefler and seconded by Council - man Fignar to approve Planning Commission Application No. 73012 submitted by Mr. David Brandvold, noting that the approval is for permission to build and that no other variances are implied. Voting in favor were: Mayor Cohen, Councilmen Leary, Eritts, Fignar, and K.uefler. Voting against: none. Motion passed unani•- mously . Planning Commission The City Manager then introduced Planning Commission Application No. 73015 Application Nc. 73015 submitted by the Yesnes Con - (Yesnes Construction) struction Company. The City Manager stated that the applicant was seeking a variance for an approximate 10 foot street side yard setback deficiency, which resulted in part from an administrative error. The City Manager stated that the site was on a corner of 6700 Camden Avenue North, which would normally require a 25 foot side yard setback. The City Manager explained that the Building Inspector mistakenly issued a building permit. He explained that the error was discovered by the inspector during the normal required footing fnspaction. He further explainer that the builder, in the meantime, had sold the home to be built per approved plans. -5- 6 -18 -73 The City 1V'anager stated that after review of the various options available to the City, it was judged that the consequences of a setback deficiency of this magnitude on a substandard width`. lot were substantially less than the consequences which might otherwise be realized. The City Manager explained that neighboring property owners had been notified per normal variance procedures. A lengthy discussion ensued pertaining to Planning Commission Application No. 73015. The Mayor requested the City Attorn to comment as to ues�c d Y � Y Y the ramif +cations of such a variance request. The City Attorney stated that the Application must be treated as a variance and not the correction of an administrative error. He stated that the variance standards as des - cribed in Section 35 -240 of the City ordinances must apply for the City to grant the variance. The Mayor then recognized Mr. Clarence Widman, owner of the subject property, who commented that he had purchased the home because of the prospectively large back yard and was therefore in favor of the variance. Mayor Cohen then recognized Mr. Tames Gibbs, an attorney representing Mr. Szyplinski, 500 - 67th Avenue North. Mr. Gibbs stated his opinion that even though an administrative error had occurred, the error cannot be the basis for the granting of a variance. Building Inspector Will Dahn was recognized by the Mayor and stated that a let of this size having an attached garage required a variance even if the. structure was placed in the other direction due to the 40 feet back yard setback requirement. Mr. Gibbs stated that his client was concerned with the view from his driveway for safety purposes. The Building Inspector responded that he had inspected the site and in his opinion, there was adequate sight visibility from Mr. Szyplinski's driveway. Considerable discussion ensued regarding ordinance- created jogs in building setback lines, related lines of sight, safety concerns, fence obstructions to lines of sight, and the setback character of the subject neigh- borhood. Action on Planning Motion by Councilman Kuefler and seconded by Mayor Commission Application Cohen to instruct the City Manager to draft a resolution No. 73015 approving the variance requested in Planning Commission Application No. 73015 noting the administrative error, the lot width deficiency, the setback character of the neighborhood, and the public hearings held by the Planning Commission and the City Council, further pro - viding that construction on the site could proceed. Voting in favor were: h�'ayor Cohen, Councilmen Leary, Britts, Fignar, and Kuefler. Voting against: none. Motion passed unanimously. -6- 6 -18 -73 Discussion of Legal Eritts and seconded by Council- - Ramifications man Fignar authorizing the City Attorney to mE!bt with Mr. Gibbs, attorney representing Mr. Szyplinski, to discuss the legal ramifications of the matter. Voting in favor were Mayor Cohen, Councilmen Fignar and Britts d Voting against: Councilmen Kuefler and Leary. Motion passed. Planning Commission The next item of business was Planning Commission Application No. 73016 Application No. 73016 submitted by Superamerica, Inc. (8- uperamerica, Inc.) The item was introduced by the City Manager who explained the applicant was seeking approval of amend- ments to the site plan and special use permit for the service station located at 57th and Logan Avenues North The City Manager stated that the applicant proposed a prefabricated pump island office on the center island of the service station. He noted that the ordinance required a 50 foot setback from major thoroughfares and highways, and that the proposed prefabricated structure would be only 48 feet from 57th Avenue North. The Mayor recognized Mr. Dale Boline, a representativ for Superamerica. Inc. Mr. Boline stated that the pre - fabricated office structure would allow for greater traffic movement at busy times through the station. He stated that the attendants could make charge at the pump islan3 and rot require the customers to go into the mzin structure. Mayor Cohen then asked the audience if there was any- one present who would like to voice an opinion on this matter. A discussion ensued relative to the proposed structure. The Mayor asked if the display units pre - sently on the site were part of the original plan for the station and was answered in the negative. IVIotion by Councilman Britts and seconded by Council- man Kuefler to table Planning Commission Application No. 73016 to the July 9, 1973 meeting to permit research of the original plans regarding any prior authorization for pump island disp1Ry units. Voting in favor were: ti.Iayor Cohen, Councilmen Leary, Britts Fignar, and Kuefler. Voting against: none. Motion passed unanimously. Human Rights Recom- The City Manager next introduced the matter of a mendation in Support recommendation from the Brooklyn Center Human Right:. of the ?-?. ?rraln Services Commission that the City Council endorse and support Council the Human Services Council of the Northwest Suburbs. He provided a review to the City Council of the forma- tion of the Human Services Council of the Northwest Suburbs, pointing out that former Administrative Assistant Blair Tremere had attended some of the formative meetings of the organization at which time strong emphasis was placed upon creating a community based organization as contrasted to an organization created by and responsible to representative governmer. It was pointed out that the founders of the organization were initially concerned primarily with problems of mental health - mental retardation and had eventually expanded their area of concern to include the wide range of human social services for which a need had been studied. -7- 6 -18 -73 Mayor Cohen then recognized Mr. Tames Ordner, Chair- man of the Human Rights Commission, w1tv 4f'­.cated endorsement of the Human Services Council. Mrs. Delores Hastings, member of the Human Rights Commission, was then recognized. She stated that the orvan°?ation would give Brooklyn Center a voice in providing mental health and mental retardation programs for its citizens. The Mayor also recognized Mr. John Martinson, member 0 4 , the Human Rights Commission, who stated that the Human Services Council would provide a referral ser- vice in the suburbs. Mayor Cohen recognized Mr. David Lucking, repre- Lucking .. l. Mr. g renting the Human Services C ounc outlined the operation, of the Human Services Council. He stated that there was a need for accessibility in the suburbs. He also stated that the Human Services Council was coordinating its operation with Hennepin County. Mayor Cohen then commented that if Brooklyn Center is to become involved, the City Council should be prepared to participate in a maximum way. He reviewed past efforts to seek expansion of County services into the suburbs, recalling that proposals for such expan- sion were made in seeking for the General Hospital bond issue. Mayor Cohen asserted that the suburbs had a right to a fair share of the programs offered by Hennepin County, and that local government must get actively involved in assuring that its constituents have convenient access to such human services offered by the County. Mrs. Ann Grave %, Fast President of the .Human Services Council, was the;Y recognized and stated that the Human Services Council was trying to appeal to both the public and private sectors in the suburbs. Shy commented that they were looking for support from the City of Brooklyn Center. Motion by Councilman Kuefiar .ands seconded by Council man Fignar to approve the concept of additional humcLn services for the northwest suburbs as advocated by the Human Services Council and to instruct Councilman Fignar to further investigate the Human Services Coun- cil proposal and other possible avenues of action that the Council could take in assuring adequate and con- venient human service .programs in Brooklyn Center. Voting in favor were: Mayor Cohen, Councilmen ;Leary: Britts , Fignar, and Kuefle.. Voting against: none. Motion passed unanimously. Mayor Cohen left the table at 12:2 2 a.m. and Council - man Leary assumed the chair. Final Plat Approval The City Manager next reviewed the final plat , for for Riverbrocke Riverbrooke Townhouses located in the vicinity of 66th Townhouses Avenue and Camden Avenue North. -8- 6 -18 -73 r Motion by Councilman Kuefler and seconded by Council- man Fignar to approve the final plats for the Riverbrooke Townhouses on the condition that the permits would not be issued until the City 'attorney gave final approval to the Riverbrooke Homeowners Association.documents. Voting in favor were: Councilmen Leary, Eritts, Fignar, and Kuefler. Voting against: none. Motion passed. Mayor Cohen returned to the table and assumed the chair at 12:25 p.m. RESOLUTION Member Maurice Britts introduced the following resolu- NO. 73 -96 tion and moved its adoption: RESOLUTION AUTHORIZING MONEY TO BE APPROPRIATED FROM THE PUBLIC UTILITY CONSTRUCTION FUND TO WATER TOWER IMPROVEMENT PROJECT NO. 1973 -1 The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Maurice Britts, Bill Fignar, and Tony Kuefler; 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 -97 and moved its adoption: RESOLUTION ORDERING CONSTRUCTION OF PUBLIC UTILITIES IMPROVEMENT PROJECT NO. 1972 -25 The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Maurice Britts, Bill Fignar, and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Bill Fignar introduced the following resolution NO. 73 -98 and moved its adoption: RESOLUTION ESTABLISHING SIDEWALK IMPROVEMENT PROJECTS NO. 1973 -17, 1973 -18, 8,1973-19, AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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, Bill Fignar, and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Bill Fignar introduced the following resolution NO. 73 -99 and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR SIDEWALK IMPROVEMENT PROJECTS NO. 1973 -17, 1973 -18, 5,1973-19, AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1973 -E) The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Maurice Britts, Bill -9- 6 -18 -73 Fignar, and Tony Kuefler; 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 -100 and moved its adoption: RESOLUTION ACCEPTING BID FOR FURNISHING AND INSTALLING CARPETING AND PADDING IN THE COMMUNITY CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Maurice Fritts, and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, John Leary, Maurice Britts, Bill Fignar, and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Licenses Motion by Councilman Britts, seconded by Councilman Kuefler to approve the following licenses: MECHANICAL SYSTEMS LICENSE Healy Mechanical Contractors 3700 North Victoria Suburban Heating and Air Conditioning 2050 White Bear Ave. SIGN INANGER'S LICEN Macey Signs, Inc. 451 Wilson Street SWIMMING POOL LI Holiday Inn of Brooklyn Center 1501 - 65th Ave. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar, and Kuefler. Voting against: none. Motion passed unanimously. RESOLUTION Member Bill Fignar introduced the following resolution NO. 73 -101 and moved its adoption: RESOLUTION COMMENDING PARK CENTER HIGH SCHOOL BASEBALL TEAM 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, Bill Fignar, and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Adjournment Motion by Councilman Leary and seconded by Council - man Britts to adjourn the meeting. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar, and Kuefler. Voting against: none. Motion passed unani- mously. The City Council meeting adjourned at 12 :51 a. m. Clerk Mayor -10- 6 -18 -73