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HomeMy WebLinkAbout1973 11-20 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 NOVEMBER 20, 1973 CITY HALL Call 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, Fignar and Kuefler. Also present were City Manager Donald Poss, Director of Finance Paul Holmlund, Director of Public Works fames Merila, Director of Planning and Inspection Blair Tremere, Chief of Police Thomas O'Hehir, Adminis- trative Assistants Daniel Hartman and James Lacina. Invocation The invocation was offered by Reverend Christensen of the Brooklyn Center Evangelical Free Church. Approval of Minutes Motion by Councilman Kuefler and seconded by Council- 11-5-73 man Leary to approve the minutes of the November 5, 1973 meeting as amended. Voting in favor were: Councilmen Leary, Fignar and Kuefler. Voting against: none. Not voting: Mayor Cohen, who explained that he was not present at the November 5, 1973 meeting. The motion passed. Approval of Minutes Motion by Councilman Fignar and seconded by Council - 11 -6 -73 man Kuefler to approve the minutes of the November 6, 1973 meeting as submitted. Voting in favor were: Councilmen Leary, Fignar and Kuefler. Voting against: none. Not voting: Mayor Cohen, who explained that he was not present at the November 6, 1973 meeting. The motion passed. Authorize Execution The City Manager introduced the first item of business, of Inspection and that of authorizing execution of an inspection and Maintenance Agree- maintenance agreement with the Shores Townhouses ments with Shores owned by Darrel Farr Development, Inc. and located Townhouses west of June Avenue North and north of County Road No. 10. Motion by Councilman Leary and seconded by Council- man Fignar to authorize the Mayor and the City Manager to execute an inspection and maintenance agreement with the Shores Townhouses. Voting in favor were: Mayor Cohen, Councilmen Leary, Fignar and Kuefler. Voting against: none. The motion passed. Authorize Execution The City Manager then recommended that the City of Agreement for Council authorize an agreement for the 1973 audit with 1973 Audit Moen and Penttila, Certified Public Accountants. Motion by Councilman Kuefler and seconded by Council- man Fignar to authorize the Mayor and the City Manager to enter into an agreement with Moen and Penttila, Certified Public Accountants, for the audit of all City I i -1- 11 -20 -73 I w funds for the calendar year 1973. Voting in favor were: Mayor Cohen, Councilmen Leary, Fignar and Kuefler. Voting against: none. The motion passed. RESOLUTION Member John Leary introduced the following resolution NO. 73 -193 and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (CONTRACT 1973 -I) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being aken thereon the following voted in favor g g thereof: Philip Cohen, John Leary, Bill Fignar and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Establish Municipal The next item on the agenda was introduced by the State Aid Street Director of Public Works who reviewed the Municipal Designation State Aid Street system in Brooklyn Center. He stated that the State of Minnesota provides funds to be allocated to municipalities for street maintenance and construction. He commented that in the case of Brooklyn Center, these funds are also used to construct the sidewalk network. Mr. Merila then described the economic advantage of adding two segments of street to the Municipal State Aid Street system. He recommended that 53rd Avenue North from Penn Avenue North to Logan Avenue North be added, as well as old Osseo Road from 53rd Avenue North to 55th Avenue North. A discussion ensued relative to features of the Muni- cipal State Aid system and the two additions proposed. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 73 -194 and moved its adoption: RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS 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, 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 City Manager then introduced the next item of Application No. 73029 business, that of consideration for Planning Commission ( Homedale Builders, Application No. 73029 submitted by Homedale Builders, Inc.) Tabled 10 -15 -73 Inc. , and tabled by the City Council on October 15, 1973. The Director of Planning and Inspection reviewed the application and stated that the Planning Commission had recommended denial for the proposed rezoning. -2- 11 -20 -73 Mr. Tremere commented that the applicant was seeking rezoning from R5 to C2 for the four acre site located in the southwest quadrant of the intersection of FAI -94 and State Highway No. 152. He stated that the rezoning request was for a motel and a restaurant. Mayor Cohen recognized Mr. Norman Chazin representing the applicant, who stated that he had no additional information to provide the City Council. The Mayor then stated that he had received a petition from the residents of the area in opposition to the pro- posed rezoning. The City Manager read the petition into the record. Mayor Cohen recognized Mr. Bill Williams, 4018 - 65th Avenue North, who spoke on behalf of the petitioners. He commented that the application was incompatible with the Comprehensive Plan and, therefore, he requested that the City Council deny the rezoning. The Mayor then opened the meeting to those interested citizens who were given the opportunity to speak either for or against the proposed application. Mr. C. W. Gustafson of 3801 - 66th Avenue North was recognized and asked if the berming on the east side of the proposed development would buffer his home since he lived on Brooklyn Boulevard. The Director of Planning and Inspection commented that the berming would only be along the westerly and southerly property lines to buffer those single family homes adjacent to the proposed development. Mr. Gustafson stated that he was in favor of the proposed development and the application for rezoning. Mayor Cohen explained to the audience that the City Council was not considering the development of a motel and a restaurant as a specific use of the site but was only considering the rezoning application. The Mayor then recognized Mr. Thomas Rolfs , 4112 - 65th Avenue North, who spoke in opposition to the rezoning. He also recognized the residents of 6520 Brooklyn Boulevard and 3800 - 66th Avenue North, who spoke for the proposed rezoning. Mrs. Audrey Hench, 4201 - 66th Avenue North, was then recognized and stated that she felt the rezoning would create a poor traffic situation on Brooklyn Boulevard and, therefore, she was against the application. Mayor Cohen recognized Mrs. Pat Johnson, 4207 - 66th Avenue North, who asked if it was the City's intention to create a park on the four acre site. The Mayor commented that at no time had the City considered such a proposal for the property. Mrs. Johnson stated that she was in opposition to the proposed rezoning. The Mayor also recognized the residents of 6518 Indiana Avenue North and 6527 Brooklyn Boulevard who spoke in opposition to the application. i -3- 11 -20 -73 Mayor Cohen then recognized Mr. James Pearson, owner of the property who stated that he had never considered deeding the property to the City for park purposes. Mr. Chazin was recognized and stated that the concern for privacy by the residents would be achieved more readily with a motel and a restaurant development on the site than with an apartment development for which the property is currently zoned. Mr. Robert Jensen, Chairman of the Planning Commission, stated that the Planning Commission considered the application in terms of the total Comprehensive Plan for Brooklyn Center. He stated that this was the basic reason for the Planning Commission's recommendation to deny the application. He stated that the Compre- hensive Plan comprehends a planned residential development for the area and it was the Planning Commission's consideration that such a development would be more desirable for the total area than some type of commercial use. Councilman Kuefler then asked Mr. Pearson if the site had originally been planned for a less intense type of land use. Mr. Pearson responded that single family homes on the site were not economically feasible. Councilman Fignar inquired of Mr. Williams if those residents who signed the petition have considered the possibility of developing the land in a R5 use. Mr. Williams stated that there would be some objection but it would not be as strenuous as it is toward com- mercial development. Action Closing the Motion by Councilman Kuefler and seconded by Public Hearing on Councilman Fignar to close the public hearing on Planning Commission Planning Commission Application No. 73029. Voting Application No. 73029 in favor were: Mayor Cohen, Councilmen Leary, Fignar (Homedale Builders, and Kuefler. Voting against: none. The motion Inc.) passed. The City Council then discussed at length the pro - posed application for rezoning. Councilman Britts arrived at 8:45 p.m. Councilman Kuefler commented that it was his opinion the application should be denied in light of the Comprehensive Plan. Councilman Leary voiced his concern about the covenants on the adjoining properties. He stated that by rezoning this parcel of land the neighborhood character would be destroyed and the covenants would be rendered void. Councilman Fignar then stated that since the site has such limited access to Brooklyn Boulevard and in light of the covenants, it was his opinion the appli- cation should be denied. Councilman Britts stated that he had inspected the site and noted the general residen- tial character of the area. -4- 11 -20 -73 Mayor Cohen commented that the application should be denied since it is incompatible with the Comprehensive Plan. Action Denying Motion by Councilman Leary and seconded by Council- . Planning Commission man Kuefler to instruct the staff to draft a resolution Application No. 73029 for presentation at the next meeting denying Planning (Homedale Builders, Commission Application No. 73029 submitted by Inc.) Homedale Builders, Inc. It was noted that the resolu- tion should encompass the facts of the matter, the petition from the residents of the area, the Planning Commission recommendation, the character of the pro- f posed development, the natural conflict between C2 and Rl , and the Comprehensive Plan. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none. The motion passed unanimously. i Recess The City Council recessed at 9 :08 p.m. and resumed at 9 :35 p. m. Planning Commission The next item on the agenda was consideration of Application No. 73038 Planning Commission Application No. 73038 submitted (Koch Marketing Co.) by the Koch Marketing Company. The item was intro- duced by the Director of Planning and Inspection who stated that the applicant was requesting approval for a special use permit to reopen and operate the former Gulf Oil station as a gasoline sales facility under the Hudson Oil Company. He stated that the station has been unoccupied for approximately a year and one -half, and was deemed to be in non - compliance with ordinance requirements for service stations. Mr. Tremere explained that it was particularly signi- ficant in that the applicant had indicated that if all required permits could be secured, the present station would be demolished and a new facility would be constructed in accordance with the applicant's speci- fications in the near future. He stated that the applicant's present plans call for operating the existing facility until the renovation could commence. He noted that the site was substandard according to ordinance provisions for new service stations constructed in that there was only 10, 000 plus square feet available and the ordinance requires a minimum of 20,000 square feet. Mr. Tremere then stated that the Planning Commission in its deliberation had recommended denial of the application. A discussion ensued relative to the application and Mayor Cohen noted that access and traffic congestion had long been a problem with this area, particularly considering that the driveway to the west of the site was a major access to the Northbrook Shopping Center. I i� -5- 11 -20 -73 It was noted for the record that the applicant was not present at the meeting. Mr. Tremere commented that he had been in communication with the applicant and it was the applicant's intention not to pursue the application. Action Denying Motion by Councilman Fignar and seconded by Council- Planning Commission man Leary to deny Planning Commission Application No. Application No. 73038 73038 submitted by the Koch Marketing Company for the (Koch Marketing Co.) following reasons: 1 . Due to substandard area and building setback, the former service station use of the subject site was nonconforming. 2. Approval of the subject request would constitute perpetuation of a nonconforming use, which would not be in keeping with the spirit and intent of the zoning ordinance. 3. The subject site is not deemed appropriate or desirable for a service station because of its size and provision for access. 4. The site could serve other commercial uses permitted in the C2 district. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none. The motion passed unanimously. RESOLUTION Member Maurice Britts introduced the following NO. 73 -195 resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF MR. JAMES ORDNER 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, 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 -196 and moved its adoption: RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVEMENT NOTES 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, Bill Fignar and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. -6- 11 -20 -73 Mayor Cohen left the table at 9:50 p.m. and Councilman Lea assumed h chair. Leary the c air. Amendment to the The City Manager then introduced the next item of Snowmobile Trails business, that of a proposed resolution amending in Brooklyn Center Resolution No. 71 -15 dealing with the snowmobile trails in Brooklyn Center. He stated that the Brooklyn Center Snowmobile Patrol has concurred with the amend- ment due to the new sidewalk on West Palmer Lake Drive and on 69th Avenue North. Mayor Cohen returned to the table at 9 :55 p.m. and resumed the chair. The City Manager stated that the proposed amendment would delete that part of the snowmobile trail on West Palmer Lake Drive from Violet Avenue North to 69th Avenue North, and on 69th Avenue North east to Shingle Creek Parkway. He stated that safety is the basic consideration for the amendment. RESOLUTION Member John Leary introduced the following resolution NO. 73 -197 and moved its adoption: RESOLUTION AMENDING RESOLUTION NO. 71 -15 TO EXCLUDE PART OF AUTHORIZED SNOWMOBILE TRAIL NO. 4 IN PALMER LAKE PARK BASIN 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 Tony Kuefler introduced the following resolution NO. 73 -198 and moved its adoption: RESOLUTION AMENDING THE 1973 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution p g g 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. RESOLUTION Member Bill Fignar introduced the following resolution NO. 73 -199 and moved its adoption: RESOLUTION DECLARING THOSE CERTAIN BUILDINGS LOCATED AT 5311 IRVING AVENUE NORTH, BROOKLYN CENTER, MINNESOTA, DILAPIDATED AND ORDERING THEM TO BE REMOVED -7- 11 -20 -73 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. Ordinance Amending The City Manager next referred to a proposed ordinance Chapter 35 Allowing amendment to Chapter 35 which would provide for a for a Special Use in C2 -type special use in the I -1 zoning district. He the I -1 Zone stated that the draft ordinance represented the product of a Planning Commission study, which was considered in detail at a recent joint City Council - Planning Commission meeting. A lengthy discussion ensued regarding the exclusion of all retail activities from the proposed special use. The City Manager offered the Planning Commission's arguments for the exclusion and suggested that specific retail uses could be included in the future as the needs became obvious. He also emphasized that the ordinance proposal included a set of criteria not considered by the Planning Commission as standards against which the C2 -type special use proposals should be measured. Mayor Cohen commented to the effect that the blanket exclusion of retail activities would cause inequities because some retail activities would be considerably less intense than other permitted non - retail activities. It was his opinion that certain of the retail activities should be contained in the special use proposal. Councilman Fignar concurred as did Councilman Britts. Councilman Kuefler spoke in favor of the ordinance as proposed, stating that the proposal would greatly expand the development flexibility in the I -1 zoning district without erasing all of the limitations to the I -1 zoning concept. Councilman Leary also spoke in favor of the ordinance as proposed. The Mayor then recognized Mr. Steve Krogness, representing the Brooklyn Center Industrial Park, who stated that the special use provision in the I -1 zone would be very useful in developing the sites adjacent to the freeway. ORDINANCE Motion by Councilman Kuefler and seconded by First Reading Councilman Leary to offer for first reading an ordinance amending Chapter 35 of the City Ordinances relative to commercial development in the I -1 (Industrial Park) district. Action Amending Motion by Councilman Fignar and seconded by the Ordinance Councilman Britts to amend the proposed ordinance by two additions: Section 35 -322, Subdivision 1(c)(3) the retail sale of apparel and related accessories and l Section 35-322, Subdivision 1(c) (4) the retail sale of furniture, home furnishings, and related equipment. I -8- 11 -20 -73 Voting in favor were: Mayor Cohen, Councilmen Britts and Fignar. Voting against: Councilmen Leary and Kuefler. The amendment passed. Action on the First Mayor Cohen then called for a vote on the first reading Reading f the of the ordinance g dinance as amended. Voting in favor were: Ordinance Mayor Cohen, Councilmen Britts, Fignar and Leary. Voting against: Councilman Kuefler. The ordinance as amended passed. Licenses Motion by Councilman Leary and seconded by Council- man Britts to approve the following licenses. BINGO LICENSE Willow Lane Fans 7020 Perry Ave. CHRISTMAS TREE SALES LICENSE Newcomb Bros. Nursery 1000 East Hwy. 7 CIGARETTE LICENSE Duoos Bros. American Legion 4307 - 70th Ave. S.S. Kresge (K -Mart) 5930 Earle Brown Dr. Rog and Jim's Superette 6912 Brooklyn Blvd. Snyder Brothers Drugs 1296 Brookdale Center FOOD ESTABLISHMENT LICENSE Mr. D's 6800 Humboldt Ave. GASOLINE SERVICE STATION LICENSE Al's Freeway Shell 6545 Lyndale Ave. Allied Blacktop Co. 3601 - 48th Ave. Brookdale Carwash 5500 Brooklyn Blvd. Brooklyn Service Center 6901 Brooklyn Blvd. "OFF- SALE" NON - INTOXICATING LIQUOR LICENSE Rog and Jim's Superette 6912 Brooklyn Blvd. "ON- SALE" NON - INTOXICATING LIQUOR LICENSE Mr. D's 6800 Humboldt Ave. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none. The motion passed unanimously. Discussion of The City Manager presented as a matter of information Concepts Relative certain concepts that the staff has been studying to the Marketability relative to the marketability of the Community Center. of the Community He stated that the staff has been in the process of Center reviewing concepts such as a three month membership, the use of coupons, the elimination of residency requirements, and the development of an advertising campaign. He stated that the staff would like to instigate certain of these concepts on a temporary experimental basis before the first of the year. -9- 11 -20 -73 It was the general consensus of the City Council that the staff should develop the concepts with the purpose of making the Community Center more financially self- sustaining. i Extension of The City Manager then brought to the attention of the Moratorium on City Council that the moratorium on apartment construc- Apartment tion , expired November 19 1973. He recommended the p Construction extension of the moratorium to February 1974. Motion by Councilman Britts and seconded by Council- man Fignar to extend the moratorium on apartment construction in Brooklyn Center until the first City Council meeting in February 1974. Voting in favor were: Mayor Cohen, Councilmen Leary, Britts, Fignar and Kuefler. Voting against: none. The motion passed unanimously. Adjournment Motion by Councilman Fignar 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. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:19 p.m. � W. Clerk Mayor k� -10- 11 -20 -73