HomeMy WebLinkAbout1973 09-10 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
SEPTEMBER 10, 1973
CITY HALL
Call to Order The City Council met in regular session and was called
to order at 7 :30 p.m. by Mayor Philip Cohen.
Roll Call Mayor Cohen, Councilmen Leary, Britts, Fignar, and
Kuefler. Also present were City Manager Donald Poss,
Director of Public Works James Merila, Director of
Finance Paul Holmlund, Director of Planning and Inspec-
tion Blair Tremere, Assistant City Engineer Gerald
Butcher, City Attorney Richard Schieffer and Administra-
tive Assistants Dan Hartman and Jim Lacina.
Invocation The invocation was offered by Pastor Needham of the
Church of the Nazarene.
Approval of Minutes Motion by Councilman Britts, seconded by Councilman
8- 20-73 Kuefler to approve the minutes of the August 20, 1973
meeting as submitted. Voting in favor were: Mayor
Cohen, Councilmen Leary, Britts, Fignar, and Kuefler.
Voting against: none. Motion passed unanimously.
Budget Hearing The first item of business was introduced by the City
Introduction Manager who explained the City Charter requires that
the Manager prepare the Annual City Budget for
9 pa Y resen-
9 p
tation at the first regular Council meeting in September
each year, which meeting shall constitute a public
hearing on the budget which may be adjourned from time
to time until the budget is approved. He stated that the
Charter requires the Annual Budget to be adopted not
later than the first week in October and that State law
requires the tax levies necessary to support the budget
be certified by October 10 of each year.
Action to Continue Following a brief discussion there was a motion by
Hearing Councilman Fignar, seconded by Councilmen Leary to
continue the budget hearing until later in the meeting.
Voting in favor were: Mayor Cohen, Councilmen Leary,
Britts, Fignar, and Kuefler. Voting against: none.
Motion passed unanimously.
Review of Special The next item of business was introduced by the City
Assessment Items Manager who explained the Director of Public Works was
for Oct. 1 Hearing prepared to present a brief review of the special assess-
ment projects which will be the subject of a public
hearing at the October 1 City Council meeting.
He commented that earlier this year a trunk water main
project was proposed along FAI -94 from France Avenue to
Quail Avenue for purposes of providing better water
pressure and supply to the west central and northwest
portion of the community. He stated the project was
deleted from an earlier contract when insurmountable
problems were encountered with the Minnesota Highway
Department in securing necessary permits to construct
the water main in the highway right of way. He stated
that since then alternatives have been evaulated and a
recommendation was made to establish new improvement
project and a resolution which could be considered at
this meeting.
-1- 9 -10 -73
The Director of Public Works roe; jawed the various pro -
jects wY_ich would be consilered at the October 1 public
hearing. The project, included: 1972 - 27, --28, - 291?
- 32, and 1972 - -33; Project i 1 ,71- 0,5; =rl�j: cY ? 9SS -18;
Project 1971 -23; and Frojecta 1972 -16, -17, and
1972 -18. He noted there was also several public utility
water hookups and sataer cor: suctions which roaslated
of hookups to existing mains previously deferred and /or
vacant parcels developed into other than single family
residential uses where the developer installs his own
utilities at his own expense.
Discuss Joint Agreement The next item of business was introduced by the City
on Fire Training Facility Manager who stated that on July 9 the Cite Council
authorized the execution of a joint powers agreement
which provides for Brooklyn Center's participation in a
multi- community fire training facility at the new North
Campus Vo -Tech School. He stated that a draft resolu-
tion was recommended for the purpcse of appropriating
the necessary funds to pay Brooklyn Center's costs of
$4,625 as established in the joint powers agreement. A
brief discussion ensued.
RESOLUTION Member Tony Kuefler introduct;,.3 the following resolution
NO. 73 -147 and moved its adoption:
RESOLUTION ,MEN; %ING THE 1973 GENERAL FUND
BUDGET
The motion for the adoption of the foregoing resolution
was duly seconded by member Maurice Brittr, and upon
vote being taken thereon, t'r,e :Lcilowing voted in favor.
thereof: Philip Coheir, John Leary, Maurice Britts, Bill
Fignar, and Tony Kuefler; and the following t,oied against
the same: none, whereupon ^aid resolution was declared
duly passed and adopted.
RESOLUTION Meraber John Lear} intr. :)duc:cd the following resolution
NO. 73 -148 and moved its adop.ian:
RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPOR-
ARY IMPROVEMENT NOTES
The motion for the adoption of the ::cregcing resoli- ion
was duly seconded by member Maurice Britts, and upon
vote being taken thereon, the following voted in favor
therc�4: FIA33[p Cohen, John ' eLeary, 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 Tony Kuefler introduced the following resolution
NO. 73 -149 and moved its adoption:
RESOLUTION AWARDING BIDS FOR INTER10A CONSTRUC --
TION AND FURNISHING AND INSTALLING EQUIPMENT
AT LIQUOR STORE NO. 5
The motion for the adoption of the ic: agcing 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 Brit =:s , Tilll Fignar,
and Tony Kuefler; and the foliowing voted against the
same: none, whet reso).uticn was declared
duly passed and adopted.
-2- 9 -10 -73
Consideration of The nr�xt item of business was consideration of walkway
Several Petitions construction and the City Manag r explained that
Regarding Walkway petition., expressing apposition to segments of the
Construction walkway network presently tinder° coaf -cct have been
presented to the City. lie re- ,oiianended that the Council
hear testirrun1 on t'ie folowirlcx petitions: France Place
from Halifax Avenue to France Avenue; France Avenue
from 53rd Avenue to Eckberg Drive; 72nd Avenue from
Humboldt Avenue to Knox Avenue; and Beard Avenue from
65th Avenue to 66th Avenue.
The Director of Public Works °i,en discussed and
illustrated the background of the establishment of the
sidewalk network program, as well us the progress to
date of the sidewalk installation. A brief discussion
enused.
An extensive consideration then ensued relative to the
project on France Avenue North from 53rd Avenue to
Eckberg Drive. The Mayor recognized Mrs. Yurigner,
5510 France Avenue North, who carried the petition in
opposition to the walkway, and he also recognized the
following residents: 5325, c540, 5337, 5530, 15500,
5415, 5513, 5527, 5127, 5320, 5133, 5315 France
Avenue North and the resident of 30OG Eckberg Drive.
The Mayor also recognized sr. Fourre, 6543 Beard
Avenue North.
The Director of Public Works discussed a memorandum
dated September 5, 1 973 relative to the petition and an
extensive exchange ensued between the residents
present and the Council and Director of Public Works.
Recess The meeting recessed from 10:G0 p.m. to 10:20 p.m.
Continued Consideration The Director of Public VVoeks then reviewed the project.
of Walkway Construction along .trance ?lace from Halifa . avenue to France Avenue
Petitions North.
He recognized Mr. Dailey, 3900 France !Tetra, !irho had
carried the petition fn opposition and he also recognized
several other residents on France Place.
The Director of Public Works noted? Mr. Dailey's concern
as to the welfare of large established trees in front of
his horse and noted correspondence from the University
of Minnesota horticultural Department relative to the
effect of side-haik installation upon trees. :VIr. Merila
noted that the University had indicated the availability
of consulting services to the City with respect to
possible effects of construction upon trees.
Following the testimony on tnf, above two projects the
Mayor reviewed the residents' concerns and stated that,
while the general statements were somewhat conflicting,
they were based on honest observations and he thanked
the residents for providing good. input.
Councilman Kuefler stated that to he consistent with
previous Council policy, he felt the subject walkway
segments should be deleted from t.h s year's construction
so :'that UV_- `�r:Aght be • consf�! :red rlu >.4ri the wii ter witri '•
'respect - to possible . E ;tablisiimenC iri ae :t `year's con -
struciion : SiWtsd his agraemsnt and
his fF�eling that there wa^ a nae;l fr ;r a thorough con -
sideration of the :s, ue.
-3- 9 -10 -73
Counc:�lrrian Leary stated that eaceatially there were
three courses of action the Council could take: 1) ter-
minate the project with a possible option of re- establish-
ing it; 2) defer the project to pei snit luther study, or at
least delay the project so that a determination could be
made as to whether the concept of a walkway network
still had merit. In that regard, he felt that the network
proj had g reat merit and he was in favor of this
particular walkway. He noted that he had dissented as
to the deferral of otter walkway projects and stated that
there was a need for the City to Keep the philcsophy of
the walkway network program foremost in mind. He then
stated the third alternative action would be to reaffirm
and approve the project as established.
Councilman Britts offered comments as to the possibility
of a walkway on both sides of the street; the need for a
traffic study, noting the concern of the residents as to
heavy traffic; and the need for a complete analysis and
data so that a concrete decision could be made.
Mayor Cohen commented that he had given the issue
much thought and stated the basic issues were the savin
of trees, the ramifications upon property values, the
heavy traffic in the area, and safety of pedestrians. He
stated that the basic concern as to the value of the side-
walk network was safety of pedestrians.
He also commented t:.at he was not sure if all the issues
were germane to the walkway matter and, thus, he was
not sure whether there was any value to defer the pro-
ject other than to buy time and delay a final decision.
The Mayor inquired as to what value there was in
buying time vs. the value in completing the sidewalk
network.
Motion to Delete Motion by Councilman Kuefler, seconded by Councilman
Certain Portions of Britts to delete both the walkkway segments on France
Walkway Construction Avenue North from 53rd Av enue to Eckberg D , ,•ive and on
From 1973 Schedule France Place from Halifax Avenue to Fra nce Avenue North
from the 1973 construction schedule and to consider and
dispose of the issue prior to the adoption of the 1974
projects.
In further discussion Councilman Britts stated the
Council should make specific recognition of the concern
of the people relative to traffic problems along France
Avenue and France Place, and that a study was definitely
merited.
Action Deleting The Mayor then called for a vote. Voting in favor were:
Certain Walkway Councilman Britts, Councilman Kuefler, and Councilman
Construction Fignar. Voting against: Mayo,- Cohen and Councilman
Leary. Motion passed.
Further Discussion on The Mayor stated that the remaining question was what
Walkway Construction direction to give to the staff. Counci; r ►gin Fignar a-
sponded that coordination should be nade to gather
input from the Northport Citizens Association, the
Southwest Neighborhood Advisory Group, as well as the
staff prior to the establishment of 1974 construction
projects. Councilman Fignar also stated he realized
that the ultimate disposition would not satisfy everyone,
but that he felt there was a definite need to tie the
walkway network togtMier in 1574. Councilman Britts
stated that he perceived a need for the Council to meet
in the field with the residents of the various areas
-4- 9 -10 -73
Continued Review The IV. then requested the Director of Public 'Works
of Walkway Projects to continue his review of the sidewalk projects, namely,
the project on 72nd Avenue North from Humboldt Avenue
to Knox Avenue.
In response to a question by Councilman Britts the
Director of Public Works stated that this portion of the
network had been inciudcd based upon consideration of
the Comprehensive Plan, as wrall as general criteria as
to providing walkway access to parks and schools.
Mayor Cohen then recognized Mr. Don Harker, 1607 -
72nd Avenue North, who stated he represented the peti-
tion signers in opposition to the sidewalk. He com-
mented that since the petition was carried, they had met
and consulted with the City Engineer relative to the
policy on moving trees, as well as the location of the
sidewalk in their neighborhood within the 10 foot ease -
ment area. He stated that the residents has no objection
to the walkway, given the assurances relative to the
location of the walkway and the moving oL' trees.
Mr. Harker also noted that there was a traffic problem
on Humboldt Avenue, particularly ,vv were children
crossed at 72nd Avenue North.
Mayor Cohen stated that in effect the petition opposing
the walkway had hnon withdrawn and stated that a
reaffirmation of try s sidewalk project as scheduled would
be in order.
Action Affirming Portion Motion by Councilman Fignur, seconded by Councilman
of Walkway Construction Britts to affirm the walkway project on 72nd Avenue
and Recognizing Traffic North from Humboldt Avenue to Knox Avenue North,
Problem noting Cio City policy xclative to moving of trees as
well as the location of the walkway as proposed; and
fu: recognizing the need to ovaluate the feasibility
of traffic control measures on Humboldt Avenue givea
the residents' conrarn for Cho ,iafaty of children who
aie required to cross the street on their Fear to school.
The Mayor called for a vote. `Jotiag In favoi ti
Mayor Cohen, Councilmen Leary, Britts, F'ign:r, �.ad
Kuefler. Voting against: none. Motion passed urani -
mously .
Continued Consideration Relative to the segment of walkway on Beard Avenue
of Walkway Construction North from C5th to 66th Avenue, the Director of Public
Works stated that a petition had been received from
some of the residents objecting to the walkway for a
variety of reasons, and he explained that the segment
of walkway was not a connecting link in the overall
systern but rattier was a feeder line to 65th Avenue North,,
He commented that the portion of walkway was also
part of the contract which had been awarded but that
the segment could' be eliminated with little problem.
Action Deleting Portion Following a brief discussion there was a inotion by
of Walkway Construction Councilman Britts, seconded by Councilman Fignur to
From 1973 Schedule delete the portion of the walkway network on Beard
Avenue North from 65th to 66th from the 1973 const
tion and to consider the matter prior to the adoption of
the 1. 974 cons'�ruction pro Vote :ng in favor were:
Mayer Cohc -n, Counc'41meM T =eary, Britts, Fignur, and
Kuefler. Voting a3ai.ist: none;. Motion passed unani-
mously.
_5_ 9 -10 -73
r
Recognize Mr. Fourre The Mayor then recognized Mr. Fourre, who staffed that
and Discussion of since the subject petition was one of the first submitted
Walkway Priorities it should have been considered earlier in the meeting.
Mayor Cohen apoWgized !or any inc onveni ence which
may have been created by the later hour for Mr. Fourre.
Relative to prior: Ldes of the overall sidewalk network
Mr. Fourre statad that w!lkway should have been
installed along 69th Avenue in consideration of the
safety of pedestrians, particularly children who are
required to walk to school along the street.
Mayor Cohen and the Dire;si:ur of Public Works responded
that the City bad given the walkwav priority but had
realized certain impodiments caused by priorities the
County had given as to upgrading 69th Avenue and
establishing the final alignmei_t fcor County Road No. 130.
RESOLUTION Member h aarice Britts intrcduc—ed the following resolu-
NO. 73 -150 tion and moved its adoption:
RESOLUTION ES`.CABLISHING TRUNK WATER MAIN
IMPROVEMENT PROJECT NO. i9'.'3 ANID STREET
SURFACING IMPROVEMENT PROJECT NO. 19/3 -35, AND
ORDEP.il`1G PitE - ARATION OF PLANS AND SPECIFICATIONS
The motion fcc the adoption (;f the foregoing resolution
was duly seconded by member Bill Fignar, and upon vote
being taken thereon the f�.1lowing voted in favor thereof
Philip Cohen_, john Leary, ,Nhau ice Britts, Bill Fignar,
and Tony Kualicr; aid the fol)owir.g voted against the
same: none, whereupon said resolution war declared
duly passed a.ad adopted.
Planning Gor::mission The next item of business was consideration of Plannsnq
Application No. 73027 Commission Application No. ? 1027 submitted by Brook
(Brook Park Baptist Park Baptist Church. The Difecicor of Planning and
Church) Inspection :evi.ewed the Planning Ccrnmission minutes of
September 6, 1973 and sta -.ed the applicant: was s eekli ng
approval of a preliminary plat for the large tract of land
owned by the churoh which was located ease of Perry
Avenue North and southerly of 63rd Avenue North.
A brief discussion ensued and the Mayor recognized
Mr. Blaine Fluth and Reverend Guenther, who epre-
sented the church,
Action Approving Motion by Councilman Britts, seconded by Councilman
Planning Commission Fignar to approve Planning Commission Application No.
Applicat %on No. 73027 73027 submitted b y Brook Park Baptist Church subject
(Brook Park Baptist to the following conditions:
Church)
1. The final plat is subject to the requirements
of Chapter 1.5 of she City ordinances.
2. Final plat is subject to review by the City
Engineer.,
Voting in favor wire: Mayor Cohen, Councilmen Leary,
Britts, Fignar, and Kuefler. Vot±,ng against: none.
Motion passed unanimously.
Acknowledge Withdrawal The City Manager stated that Planning Commission
of Application No. 73023 Application No. 73023 submttted by Ladder of Learning
(Ladder of Learning Day Day Care Center which v,%,•a:: 2vl :eduled for further dis-
Care Center) cussion had been wi`hdrnwn by the applic and a
letter to that effect was in the file.
-6- 9° -10 -73
Following a brief discussion th re was a motion by
Councilman Leary, seconded by Cou.ncilmar, Britts to
acknowledge the withdrawal of Planning Commission
Application No. 73023 suariiitted by Ladder of Learning
Day Care Center.
Comments on Day In further discussion Councilman Britts stated that there
Care Facilities Deeds definitely was a need for one in the southwest area and
and Standards stated his hope that either this applicant or other
qualified persons would be able to establish a facility in
the neighborhood
The City Manager commented that the staff was prepared
to recommend local standards as to day care center
location and operations and noted that there were a
number of preliminary inquiries being made as to estab-
lishment of day care centers .
The Mayor then called for a vote. Voting in favor were:
Mayor Cohen, Councilmen Leary, Britts, Fignar, and
Kuefler. Voting against: none. Motion passed unani-
mously.
ORDINANCE Member Bill Fignar introduced the following ordinance
NO. 73 -15 and moved its adoption:
AN CRDII\TANCE Acv EIVTDING Ciuir 35 OF THE CITY
ORDINANCES
THE CITY COU14CIL OF THE GrTy OF BROOKLYN CENTER
DOES ORDAIN AS FOLLOWS:
Sectiun 1: Section 35 -111 (3) is hereby amended
to read as follows:
3. A nonconforming use of a building existing at
the time of the adoption of this ordinance may be extended
throughout the building, provided no structural alterations
except those required by ordinance, law, or other regula-
;. are made therein. ice to ed from the s
alteration limitatio are single family dwell located
i n residential districts other than R1 or R2, provide any
structural alterations or additions shall conform with th
requirements of the RI district -
Section. 2: This ordinance skull become effective
after adoption and thirfi.1 (30) days following its legal
publication.
Adopted this 1 Uth day of September, 1973.
The motion for the adoption of the foregoing ordinance
was duiv seconded by member Tory Kiiefler, 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 n=oted against
the same: none, whereupon said crdi .ance was declas
duly passed and adopted.
Draft. Ord:.nance The City Manager introduced a draft ordinance amending
Amending Chapter 5 Chapter 5 and stated it was recommended for housekeep-
ing purpose to update the Fire Prevention Code to the
most current ed,`o'on..
(First Reading) Following a brief, discussion there was a motion by
Councilman Britts, seconded by Councilman Fignar to
offer for first reading an ordinance amending Chapter 5
-7 - 9 -10 -73
of the City ordinances. Voting in favor were: Mayor
Cohen, Cour_cilvien Leary, Britts, Fignar, and Kuefler.
Voting against: none. Motion passed unanimously.
Action to Extend The City Manager stated t E� t 'LIIC PlaPhi. :g Commission
Morator urn on Issiai. was prepared to discuss with ilie Council at a joint
of Special Home meeting the proposed ch!!r c; �s to the ordinance provisions
Occupation Permits for home occupations and special home occupation. He
noted that the Commission at its September 6 meeting
had recommended that the Council moratorium on the
issuance of special hom: occupation permits be extended
through the month of October.
Following a brief discussion there was a motion by
Councilman Britts, seconded by Councilman. Leary to
extend the moratorium on the lasnarce of special home
occupation permits through October 31, 1 973. Voting in
favor were: Mayor Cohen, Counciimen Leary, Britts,
Fignar, and Kuefler. Voting against: none. motion
passed unanimously.
Discuss Status of In other business the City Manager stated that the terms
Proposed Metro of the joint powers agreement relating to the Uniform
Rate Authority N.S.P. Electrical Franc:his s provided that the Unii orm
Franchise would become effect :;ve only if joined by
communities repres 3kiting 60% of the N.S.P. customers
in the metro area by Jul-
y 31, 1973. He stated that that
condition was not mr:c.• Tie: - ; :plained that neither the
City of St. Paul or Minneapolis had adopted the franchise
which was a condition of the approval.
The City Manager also noted I. s °nce the original
Council consideration of the metro rate authority, he had
become aware of certain factors lti irh raised concerns
as to certain rate features proposed in the franchise.
He stated there was definitely reed for further detailed
study of the rate structure to the extent that possibly
a first reading for an o: diriance repealing the adoption
of the franchise ordinance wound be in order at a future
date.
Mayor Cohen recognized Mr. Warren Johnson who repre-
sented N.S.P. who commented that the first class city
requirement of the franchise adoption would prc,bably be
met in the near future since there were indications that
Minneapolis and /or 5t. Paul was seriously considering
the approval soon. Relative to the City Manager's
concern as ":o the rate structure, tie stated he was not
personally familiar with the rates and that expert advice
could be provided the City if it were desired.
A brief discussion ensued relative to the City Manager's
comment that Broo; :lyn Center's existing twenty year
franchise with N.S.P. expired this month and his com-
ment that it would no doubt be extended as it had in
other communities.
Approve Licenses Motion by Councilman Brats, seconded by Councilman
Kuefler to approve the following jicc n zees .
FOOD ESTABLI ;HMENI' LICE
Brookdale Motel 65 U Lyndale Ave.
Voting in favor were: Mayor Cohen. Councilmen Leary,
Britts, Fignar, and Kuef �a. Voting against: none.
Motion passed unani nmou s ;p .
-8- 9 -10 -73
Gnntinue Budget Motion by Councilman Kuefier, seconded by Councilman
Hearing to Sept. 12 Britts to continue the budget hearing to 8:OO p.m. on
September 12, 1973. Voting in favor were: Mayor Cohen..
Councilmen Lean ,�, Britts , Fir�iia- aad Kuefler. Voting
against: none. Motion .assed unaiar,iously.
Consensus as to ;o;.at In other business it was the consensus of the Council
Meeting with Planning to schedule a joint meeting with the Planning Commis -
Commission sion on October 11, 1973 to discuss the matters of the
proposed freeway business district and proposed
ordinance changes regarding home occupations and
special home occupations.
Rd;ournment Motion by Councilman Fignar, seconded by Councilman.
Kuefler to adjourn the meeting. Voting in favor were:
Mayor Cohen, Councilmen Leary, Britts, Fignar, and
Kuefler. doting against: none. Motion passed
unanimously. The City Council meeting adjourned at
12 :30 a.m.
e'
lerk Mayor
-9- 9 -10 -73