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HomeMy WebLinkAbout1972 03-13 CCM Regular Session Minutes of the Proceedings of the City Council of the City of Brooklyn Center In the County of Hennepin and State of e 4 • Iq 11 �l�� Min ! •✓•��rl1• March 13, 1972 The City Council met in regular session and was called to order by Mayor Philip Cohen at 7:35 P. M. Roll Call: Mayo Cohen, Councilmen Leary, Ausen„ and Heck* Also present were; City Manager Donald Poss, Director of Public Works James Merila, Director of Finance Paul Hoimlund, Chief Building Inspector Jean Murphey, Chief of Police Thomas O' Hehir and Administrative Assistants Blair Tremere and Daniel Hartman, The invocation was offered by Reverend Christensen of the Brooklyn Center Evangelical Free Church. Motion by Councilman Heck and seconded by Councilman Leary to approve the minutes of the February 14, 1972 Council meeting as submitted. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen and Heck, Voting against: none. Motion carried unanimously, Mayor Cohen announced his recommendation for the appointment of Mrs, Mary Ellen Vetter, 6913 Oliver Avenue North* to assume the Conservation Commission vacancy created by the resignation of Mr. Carl Gross. Motion by Councilman Leary and seconded by Councilman Heck to confirm the appointment of Mrs. Mazy Ellen Vetter to complete the term of the Conservation Commission position vacated by Mr. Carl Gross. Voting in favor were; Mayor Cohen Councilmen Leary, Ausen and Heck, Voting against: none, Motion carried unanimously. Member Vernon Ausen introduced the foliowlcng resolution and moved its adoption: RESOLUTION NO. 72-25 NA 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, Vernon Ausen and Howard Heck; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member John Leary introduced the following resolution and moved its adoption: RESOLUTION NO. 72 -26 RESOLUTION PROVIDING FOR PUBLIC HEARING ON PROPOSED CURB & GI=I IMPR 1971- The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote being taken thereon* the following voted in favor thereof: Philip Cohen John Leary, Vernon Ausen and Heyward. Heck; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager next explained a proposed resolution which would authorize the Mayor and City Manager to execute a cooperative construction agreement relative to improvements of T. H. 152. He noted that the Council bad voiced concern at the February 28th meeting with regard to the installation of traffic signals as well as the installation of a pedestrian overpass at Highway 104, He -1 briefly reviewed the history of the recommendation made by the City and the District 5 office which had initially not been accepted by the Highway Department Central Office on the grounds that there was not enough traffic to warrant traffic signals, He stated that the District 5 office had concluded that the installation of traffic lights would be warranted in the reasonable future and that further delib- eration had then proceeded relative to the construction of an overpass. The City Manager stated that recently the District 5 office had indicated that they would re- initiate the formal procedures leading to Installation of the traffic lights,, and that the earliest letting date for bids would be spring of 1973. He noted further that with regard to the pedestrian overpass a similar procedure would be initiated via a design study report, and that the earliest letting date would be after July of 1973. He stated that the City had been so informed by the District 5 office in a letter dated March 10th and the Mayor stated that acknow- ledgment of that letter should be included in the proposed resolution, Further discussion ensued relative to the impending improvement along Highway 152. Member Vernon Ausen introduced the following resolution and moved its adoption: RESOLUTION NO. 72.27 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE COOPERATIVE CONSTRUCTION AGREEMENT NO. 57057 WITH THE STATE OF MINNESOTA, DZRARTMEbM F HQDMM The motion for the adoption of the foregoing resolution was duly seconded by member Howard Heck, and upon vote being taken thereon,, the following voted in favor thereof, Philip Cohen, John Leary, Vernon Ausen and Howard Heck; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager next reviewed a memorandum from the Director of Public Works relative to the proposed construction detour of T. H. 152 for grading, construction and surfacing from 47th Avenue North to T. IL 100, He explained that the roadway proposed to be used for detouring traffic is County Road 10 from T,H. 152 to Humboldt Avenue and Humboldt Avenue from 57th Avenue North to T. H, 152 in Minneapolis. He noted that the approximate dates of the detouring would be from May I st through July 1 st, Mayor Cohen stated his concern with the increased traffic along the proposed by --pass areas,, especially at the intersection of 57th Avenue and Humboldt Avenue North. Councilman Heck agreed and stated that even though the Highway Department intended to put a four --way stop at the intersection of 57th 4M Humboldt Avenues North, the resultant congestion would be very intense. He suggested that the Highway Department should be requested to install temporary signal lights at that intersection, The City Manager stated that the staff would contact the Highway Department relative to the concern for temporary lights at the intersection of 57th and Humboldt Avenues North, The City Manager next reviewed Planning Commission Application Nos 72012 submitted by Harold Stechel requesting site and building plan approval for a 1, 000 sq, ft, addition to the existing store and warehouse looted at 6822 Brooklyn Blvd, He stated that the addition will be built of steel and masonry and will have a fire resistive separation from the existing building. The Director of Public Works noted that the applicant had provided for storm sewer drainage, whereas none existed now, and he noted that sod would, be used in front and curbing would be delineated along the perimeter of the parking areas except for those next to the existing building. The Mayor then recognized the applicant and a brief discussion ensued relative to the proposed improvements. -2- Motion by Councilman Heck and seconded by Councilman Leary to approve Planning Commission Application No. 72012 submitted by Harold Stechel subject to the following conditions: 1 Drainage and utility plans) are subject to the approval off the City Engineer prior to the issuance of a building permit; 2, Building plans are subject, to the approval of the Building Inspector with respect to applicable building codes; 3. The applicant will remove the existing roof signs on the structure; 4. A performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to guarantee th site improvements as designated on the plans submitted. i Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen and Heck. Voting against: none. Motion carried unanimously. The City Manager next reviewed Planning Commission Application No. 72013 submitted by Brooklyn Center Industrial Park, Inc and stated that the applicant is requesting site and building plan approval for a one story restaurant building with a seating capacity of 154, to be located at 5915 John Martin Drive, He further explained that the applicant had recently submitted plans for the Uncle John's Restaurant which were substantially improved from those initially presented to the staff. The Mayor recognized Mr. Steven Krogness, representative of the applicant, and a brief discussion ensued relative to the site and building plans. The City Manager noted that the City Ordinance required restaurants to provide one parking space for every two seats and one space for every two employees on the average maximum shift, He noted ''that this would require a total of 82 spaces and the revised site plan shows 89 parking spaces will be provided. Motion by Councilman Leary and seconded by Councilman Heck to approve Planning Commission Application loo, 72013 submitted by Brooklyn Center Industrial Park, Inc. for Uncle John's Pancake House subject to the following conditions: 1. Roof top mechanical equipment will be screened; 2, Drainage and utility plans'', are subject to the approval of the City Engineer prior to the issuance of a building permit; I 3. Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 4, A performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to the City to guarantee the site improvements as designated on the plans submitted. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen and Heck. Voting against: none, Motion carried unanimously. The City Manager next reviewed Planning Commission Applications No. 72014 and No. 72015 submitted by Brooklyn Center Industrial. Park, Relative to Application No, 72014 the City Manager said the applicant was requesting site and building plan approval for a one story 10, 000 sq. ft. service/office building to be occupied by Johnson Service Company and located at 1801 -- 67th Avenue North. .3- He explained that the staff had initially had reservations with regard to the aesthetics of the site and building plans, and that this had been discussed extensively by the Planning Commission. He noted that since the Planning Commission. meeting the staff had further reviewed the submitted plans and concluded that the problems were not as severe as indicated upon initial reviews He commented however, that concern with aesthetics had tradMonally been a part of the City's planning, process and that the City had the authority to conduct an aesthetic review of submitted plans as a part of that process, The Mayor recognized Mr, Steven Krogness, representative of the applicant, and an extensive discussion ensued relative to the site plans. The Director of Public Works commented relative to the setback requirements for an industrial zoned corner lot and noted the need for adequate berming or screening of the parking areas, The City Manager stated that the efforts by the Brooklyn Center Industrial Park, Inc. in other comparable projects to screen parking areas was not evident In the submitted plans. Relative to Planning Commission Application No. 72015 the City Manager noted that the applicant was requesting approval of a variance on the number of parking spaces for the subject property. The Mayor recognized Mr. V=gness who stated that. it was the applicant's desire to withdraw Application No, 72015, Motion by Councilman Leary and seconded by Councilman Heck to acknowledge the applicant's withdrawal of Application No, 72015. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen and Heck. Voting against: none. Motion carried unanimously, Further discussion ensued relative to Application No. 72014 and the need for adequate berming and screening. There was a motion by Councilman Heck and seconded by Councilman Leary to approve Planning Commission Application No. 72014 submitted by Brooklyn Center Industrial Park, Inc, subject to the following conditions: 1 Drainage and utility plans are subject to the approval of the City Engineer prior to the issuance of a building permit; 2, Building plans are subject to the approval of the Building Inspector with respect to applicable building codes; 3. The screening of the parking lot shall be reviewed and approved by the staff; 4, A performance agreement and performance bond (in an amount to be determined by the City Manager) shall be submitted to guarantee the site improvements as designated on the plans submitted. Noting in favor were: Mayor Cohen, Councilmen Leary, Ausen and Heck. Voting against: none. Motion carried unanimously, The City Manager next explained that the staff was presently researching the matter of accessory off - street parking not located on the same property with the principal business use, and would have a draft ordinance prepared for review by the Planning Commission. He noted that the Zoning Ordinance presently requires that all off -street parking must be located on the same property with the use to which it is accessory. He stated that requests from the business community have led to the examination of the matter. r` The meeting recessed at 9:10 P.M. and resurAed at 9 :30 P. M. Member John Leary introduced the following drdinanice and moved its adoption: i ORDINANCE NO, 72-Z AN ORDINANCE AMENDING CHAPTER 35 RELATIVE TO ADMINISTRATIVE PERMIT TIME PERIOD FOR OUT OF DOOR RETAIL SALE OF NURSERY AND gAMN MERCHANDISE -4- THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER. DOES ORDAIN AS FOLLOWS: Section 1: Section 35 -800, 2 `a) is hereby amended as follows: 2. Out of door retail sale, storage and display of merchandise or offering of services when accessory to or promoting a permitted use or a special use within a non - residential zoning district as follows: (a) The out of door retail sale, display, and storage of nursery and garden merchandise including lawn furniture and equipmert, for a period not to exceed (l5) 30 consecu- tive weeks in any one calendar year. The permit fee shall be $5.00. Section 2: This ordinance shall become effective after adoption and thirty days following its legal publication. Adopted this lath day of March, 1972, The motion for the adoption of the foregoing ordinance was duly seconded by member Vernon Ausen, and upon vote being taken thereon, the following voted In favor thereof~ Philip Cohen, john Leary, Vernon Ausen and Howard Heck; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. The City Manager next reviewed a proposed draft ordinance consisting of a series of changes in the platting code for the purpose of recognizing platsrdathvti' condominium townhouses. He stated that while the Platting Ordinance as a wnole may need to be reviewed and updated the present ordinance amendment fills a gap by providing for the condominium platting concept. A brief discussion ensued after which Councilman Ausen moved and Councilman Heck seconded the first reading of the following ordinance: AN ORDINANCE AMENDING CHAPTER 15 TO PROVIDE FOR PLATTING OF CONDOMINIUM SINGLE FAMILY ATTACHED (rOWNHOUSE) DWELLING UNIT,,,,,S Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen and heck. Vo against: none. Motion canted unanimously. Motion by Councilman Heck and seconded by Councilman Leary to approve the following licenses: ClaNMtte License Brooklyn Plaza Cinema, Inc. 5801 john Martin Drive Class "B" Motor Vehicle 1201M License. Shopper's City Automotive 3600 - 63rd Ave. No, Food £S jablishme{lt Itcgns,2 Cross of Glory Lutheran Church 5940 Ewing Ave. No. Non -- Perishable Food Vending Mag ine License. Brooklyn Plaza Cinema., Inc. 5801 john Martin Drive Homedale Builders 6950 Wayzata Blvd. Voting in favor were: Mayor Cohen, Councilmen Leaky, Ausen and Heck. Voting against: none. Motion carried unanimously. The City Manager briefly reviewed the concept of a joint municipal ice facility which the Council had authorized the City Manager to pursue. He stated that since the February 28th Council meeting the Brooklyn Park City Council had decided to proceed independently and seek voter approval in a bond referendum to be held in April.. He stated that it was Brooklyn Park's intent to finance and operate such a facility themselves, and that the amount of the bond issue to be refereed to the voters was $500, 000. Relative to the state Building Code, the City Manager stated that the City had received a copy of the new code and the staff was in the process of reviewing the provisions therein, He noted that it appears to be permissive rather than exclusionary or prohibitive, and he further noted that the staff was pursuing the development of a report on fire sprinkling systems.. The City Manager next stated that the staff was preparing a three month review of the Brooklyn Center bus operation to be presented before the Council and the Metropolitan Transit Commission in early April. Administrative Assistant Blair Tremere then presented a brief status report relative to the ridership realized by the transit service from June 27, 1971 through the end of February, 1972. Mr, Tremere commented that financially the bus operation was within the subsidized levels authorized by the Council and the Metropolitan Transit Commission, He also explained that the ridership since January, when the hours of service were reduced 50% and the fare was increased 10, had leveled off to a weekly average which was approximately half that realized during the first six months of operation, Mayor Cohen then recognized Mr, Jay Bush, Chairman of the recently formed Citizens Transit Committee, which was established to develop and promote the B.C.B. internal transit system as a public service to the residents of Brooklyn Center. Mr. Bush stated that the primary goal of the ad hoc citizens committee was to determine whether the local transit service represented a desired and saleable product. He stated that if it were determined that the B, C. B. was a necessary community service, then efforts would be made to intensify the promotion of the bus service, Councilman Leary stated that it appeared one of the most productive tasks the ad hoc committee could undertake at this time would be to solicit and gather the feeling of the Brooklyn Center residents as to the need and desire for an internal bus system, Mayor Cohen stated that such information would be vital in reaching a decision as to whether the bus should be continued, especially in light of the ridership data which indicated a low level use. He then commended Mr, Bush and the ad hoc committee for their interest in the operation of the B, C. B, and stated that the City would welcome their ideas as to the promotion of the transit service, The City Manager next offered comments relative to subsidized housing and the possible ramifications for municipal government. He stated that the interest and concern relative to such housing was increasing, and that it is a national and state policy to spread housing opportunities beyond the central cities. He noted that the staff has been accumulating and digesting data regarding the basic types of subsidized housing namely public housing such as that promulgated by housing renewal authorities and private subsidized housing which is developed with financial backing from the Federal Housing Administration. The City Manager stated that the staff would continue to analyze available data and would submit resultant reports to the Council. The City Manager then commented briefly with regard to current and pending industrial development in the City, particularly the Brooklyn Center Industrial Park, Inc„ projects, A brief discussion ensued regarding the possible need for further utility and service improvement projects. Councilman Ausen referred to a memorandum which he requested from the City Manager regarding Commurdty Center game room memberships. The City Manager stated in the memorandum that he had authorized the establishment of a game room membership procedure which was intended to enhance the operational control of the game room as well as to generate funds for the replacement and restoration of the game room equipment on the basis of a user- charge philosophy, as the result of persistent recommendations of the Park and Recreation staff, The membership procedure authorizes participants to use game room equipment for a six month charge of one dollar for residents and two dollars for non - residents in lieu of single use charges of 20 and 10 per half hour for pool and table tennis, respectively. The memorandum noted that there is room for reasonable disagreement whether the procedure constitutes legislative policy or administrative procedure and that the final determination rests as always with the City Council. it further stated that there has been no disagreement that the conduct of municipal business would grind to a virtual "red tape" standstill if each minute operation and procedure were automatically defined as legislative policy and submitted to the City Council for debate and determination. Thus, it was noted the initiative for routinely class4fying matters - either administrative procedure or legislative policy - for practical reasons rests with the City manager, subject to City Council reclassi- fication, With regard to the instant case, the City iVanager stated that he had classified the described procedure as being similar to the multitude of administrative procedures established for the conduct of the total recreation program. He noted that to date, the relatively few inquiries regarding the subject procedure have been satisfactorily answered with an explanation of the user -- charge concept. Councilman Ausen questioned the terminology of game room "membership" as related to the user- charge practice and stated that he felt further analysis of the Manager's memorandum was necessary. Motion by Councilman Heck and seconded by Councilman Leary to adjourn the meeting. Voting in favor were: Mayor Cohen, Councilmen Leary, Ausen and Heck. Voting against: none. Motion carried unanimously. The Council meeting adjourned at 11:20 P.M. Clerk Mayor -7-